I 

112TH CONGRESS 

1ST SESSION H. R. 1685 

To establish programs to accelerate, provide incentives for, and examine 

the challenges and opportunities associated with the deployment of electric drive vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2011 

Mrs. BIGGERT (for herself, Mr. MARKEY, Mr. MCNERNEY, and Ms. ESHOO) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Oversight and Government Reform, Ways and 

Means, and the Budget, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish programs to accelerate, provide incentives for, 

and examine the challenges and opportunities associated 

with the deployment of electric drive vehicles, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electric Drive Vehicle 

5 Deployment Act of 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) DEPLOYMENT COMMUNITY.—The term ‘‘de7 ployment community’’ means an area selected by the 

8 Secretary under the program established under sec9 tion 3(a). Such term may include 1 or more munici10 palities, transportation corridors that connect mu11 nicipalities, or other geographic areas that the Sec12 retary determines appropriate. 

13 (3) ELECTRIC DRIVE VEHICLE.—The term 

14 ‘‘electric drive vehicle’’ means a vehicle that— 

15 (A)(i) is— 

16 (I) a light-duty vehicle (as that term 

17 is defined in section 86.1803–01 of title 

18 40, Code of Federal Regulations, as in ef19 fect as of the date of enactment of this 

20 Act) that draws motive power from a bat21 tery with a capacity of at least 4 kilowatt22 hours; 

23 (II) a heavy-duty vehicle (as that term 

24 is defined in section 86.1803–01 of title 

25 40, Code of Federal Regulations, as in ef26 fect as of the date of enactment of this 


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1 Act) with a gross vehicle weight rating 

2 greater than 8,500 pounds and less than 

3 14,000 pounds that draws motive power 

4 from a battery with a capacity of at least 

5 10 kilowatt-hours; 

6 (III) a heavy-duty vehicle (as that 

7 term is defined in section 86.1803–01 of 

8 title 40, Code of Federal Regulations, as in 

9 effect as of the date of enactment of this 

10 Act) with a gross vehicle weight rating 

11 greater than 14,000 pounds but less than 

12 33,000 pounds that draws motive power 

13 from a battery with a capacity of at least 

14 15 kilowatt-hours; or 

15 (IV) a heavy-duty vehicle (as that 

16 term is defined in section 86.1803–01 of 

17 title 40, Code of Federal Regulations, as in 

18 effect as of the date of enactment of this 

19 Act) with a gross vehicle weight rating 

20 greater than 33,000 pounds that draws 

21 motive power from a battery with a capac22 ity of at least 20 kilowatt-hours; and 

23 (ii) can be recharged from an external 

24 source of electricity for motive power; or 


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1 (B) is a motor vehicle (as that term is de2 fined in section 216 of the Clean Air Act (42 

3 U.S.C. 7550)) that draws its motive power from 

4 a fuel cell (as defined in section 803 of the 

5 Spark M. Matsunaga Hydrogen Act of 2005 

6 (42 U.S.C. 16152)). 

7 (4) ELECTRIC UTILITY.—The term ‘‘electric 

8 utility’’ has the meaning given such term in section 

9 3(4) of the Public Utility Regulatory Policies Act of 

10 1978 (16 U.S.C. 2602(3)). 

11 (5) GROSS VEHICLE WEIGHT RATING.—The 

12 term ‘‘gross vehicle weight rating’’ has the meaning 

13 given such term in section 216(7) of the Clean Air 

14 Act (42 U.S.C. 7550(7)). 

15 (6) MUNICIPALITY.—The term ‘‘municipality’’ 

16 has the meaning given such term in section 302(f) 

17 of the Clean Air Act (42 U.S.C. 7602(f)). 

18 (7) QUALIFIED ELECTRIC DRIVE VEHICLE COM19 PONENTS.—The term ‘‘qualified electric drive vehicle 

20 components’’ means components the Secretary deter21 mines are uniquely needed to produce electric drive 

22 vehicles. 

23 (8) QUALIFIED ELECTRIC DRIVE VEHICLE IN24 FRASTRUCTURE.—The term ‘‘qualified electric drive 


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1 vehicle infrastructure’’ means equipment and serv2 ices that— 

3 (A) support the electric refueling needs of 

4 electric drive vehicles and may be located in 

5 public or private locations, including street 

6 parking, parking garages, parking lots, homes, 

7 gas stations, and highway rest stops; and 

8 (B) serve smart grid functions, as defined 

9 in section 1306(d) the Energy Independence 

10 and Security Act of 2007 (42 U.S.C. 17386), 

11 that will optimize the integration of electric 

12 drive vehicles into the electric grid. 

13 (9) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Energy. 

15 SEC. 3. TARGETED ELECTRIC DRIVE VEHICLES DEPLOY16 MENT COMMUNITIES PROGRAM. 

17 (a) IN GENERAL.— 

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish a competitive program to provide financial 

20 assistance to be used as described under subsection 

21 (d), consistent with the goals under subsection (b), 

22 for purposes of deploying electric drive vehicles in 

23 deployment communities. 

24 (2) PHASE 1.—The Secretary shall, not later 

25 than 12 months after the date of enactment of this 


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1 Act, based upon applications for financial assistance 

2 received pursuant to subsection (c), select 10 deploy3 ment communities for the first phase of the program 

4 established under paragraph (1). 

5 (b) GOALS.—The goals of the program established 

6 under subsection (a)(1) shall be— 

7 (1) to facilitate the rapid near-term deployment 

8 of electric drive vehicles in deployment communities; 

9 (2) to demonstrate the viability of a vehicle10 based transportation system that reduces depend11 ence on petroleum-based fuel and contributes to re12 ducing emissions of carbon dioxide; 

13 (3) to facilitate the integration of advanced ve14 hicle technologies into deployment communities while 

15 optimizing electric grid system performance and reli16 ability; 

17 (4) to demonstrate the potential— 

18 (A) benefits of coordinated investments in 

19 vehicle electrification and infrastructure on per20 sonal mobility; and 

21 (B) reduction of emissions of greenhouse 

22 gases and criteria air pollutants from vehicle 

23 electrification and infrastructure; 

24 (5) to demonstrate protocols and standards that 

25 facilitate vehicle integration into the electric grid, inVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1685.IH H1685

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1 cluding demonstration of the use of qualified electric 

2 drive vehicle infrastructure; 

3 (6) to increase understanding of the primary re4 gional differences and varying regulatory environ5 ments that impact electric drive vehicle market pene6 tration and establish best practices for addressing 

7 deployment barriers to electric drive vehicles; and 

8 (7) to increase understanding of consumers’ ve9 hicle charging and other electric drive vehicle infra10 structure needs and establish best practices to meet 

11 such needs. 

12 (c) APPLICATIONS.—Any State, Indian tribe, or local 

13 government (or group of State, Indian tribe, or local gov14 ernments) may apply to the Secretary for financial assist15 ance to be used as described in subsection (d) in deploy16 ment communities. Such applications may be jointly spon17 sored by electric utilities, automobile manufacturers, tech18 nology providers, car sharing companies or organizations, 

19 third-party electric drive vehicle service providers, or other 

20 persons or entities. 

21 (d) USE OF FUNDS.—Pursuant to applications re22 ceived under subsection (c), the Secretary may make fi23 nancial assistance under the program established under 

24 subsection (a) available to any applicant or joint sponsor 

25 of the application to be used for any of the following: 


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1 (1) Assisting persons located in the deployment 

2 community, consistent with subsections (g) and (h). 

3 (2) Supporting the use of electric drive vehicles 

4 by funding projects for any of the following: 

5 (A) Planning and deployment of qualified 

6 electric drive vehicle infrastructure. 

7 (B) Updating building codes, inspections 

8 related to the installation of electric drive vehi9 cle charging infrastructure, and updating zon10 ing for such infrastructure. 

11 (C) Converting government fleets to elec12 tric drive vehicles. 

13 (e) PROGRAM REQUIREMENTS.—The Secretary, in 

14 consultation with the Administrator and the Secretary of 

15 Transportation, shall, not later than 6 months after the 

16 date of enactment of this Act, determine the requirements 

17 for the program established under subsection (a), includ18 ing the following: 

19 (1) Criteria for evaluating applications sub20 mitted under subsection (c), consistent with sub21 section (f), including the anticipated ability of appli22 cants to promote deployment and market penetra23 tion of electric drive vehicles. 

24 (2) Data regarding deployment communities, 

25 and the electric drive vehicles and qualified electric 


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1 drive vehicle infrastructure in such deployment com2 munities, required for collection, analysis, and eval3 uation of the challenges and opportunities associated 

4 with the widespread deployment of electric drive ve5 hicles. 

6 (3) Metrics of success for deployment commu7 nities. 

8 (4) Reporting requirements for entities that re9 ceive financial assistance under this section, includ10 ing a comprehensive set of performance data charac11 terizing the results of the program in the deploy12 ment community. 

13 (f) CRITERIA FOR EVALUATING APPLICATIONS.—The 

14 Secretary shall require that applications under subsection 

15 (c) include the following: 

16 (1) A plan to promote, market, and support the 

17 deployment of electric drive vehicles in a deployment 

18 community, through the deployment of consumer ve19 hicles, and, as appropriate, private or public fleets. 

20 (2) The role of each stakeholder participating 

21 in the deployment of electric drive vehicles in the de22 ployment community, and an indication of how the 

23 financial assistance applied for will be used in the 

24 deployment community. 


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1 (3) The number of electric drive vehicles pro2 jected to be deployed in the deployment community 

3 during the first phase of the program established 

4 under subsection (a). 

5 (4) A strategy for developing program partici6 pation among residents of the deployment commu7 nity and a plan that demonstrates high likelihood 

8 that the deployment community will procure and de9 ploy the projected number of electric drive vehicles. 

10 (5) A deployment and financing plan for pub11 licly available electric drive vehicle charging infra12 structure that includes a policy on cost sharing, 

13 methodology for determining the number and place14 ment of such infrastructure, and ensures use of 

15 open, nonproprietary standards that maximize inter16 operability with Smart Grid technologies. 

17 (6) Verification that building codes within the 

18 proposed deployment community appropriately ac19 commodate electric drive vehicle charging infrastruc20 ture for new construction and major upgrades or 

21 evidence of a clear plan to update such codes before 

22 or during the period of financial assistance. 

23 (7) Verification that zoning, parking rules, or 

24 other local ordinances have been updated or will be 

25 updated as necessary to facilitate the installation of 


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1 publicly available electric drive vehicle charging in2 frastructure, where appropriate. 

3 (8) Mechanisms to increase individual consumer 

4 benefits consistent with subsection (h). 

5 (9) A description of the extent to which electric 

6 utilities in the deployment community have or plan 

7 to update policies— 

8 (A) that— 

9 (i) reflect rate structures that benefit 

10 consumers who charge electric drive vehi11 cles off-peak; or 

12 (ii) with respect to any deployment 

13 community with a competitive retail regu14 latory regime, will make electric drive vehi15 cle charging services available to con16 sumers; 

17 (B) that take into account potential im18 pacts to the local electric distribution system or 

19 the electric grid from the incremental electric 

20 energy used to charge electric drive vehicles; 

21 (C) that utilize information technologies to 

22 minimize effects of charging electric drive vehi23 cles on the local electric distribution system or 

24 electric grid; 


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1 (D) that relate to Smart Grid technologies 

2 for electric drive vehicle charging purposes, in3 cluding those that allow 2-way communication 

4 of electric energy movement (to prepare for ve5 hicle-to-grid applications); and 

6 (E) that encourage electric energy con7 servation and reduction in peak demand by 

8 making consumer electric energy or charging 

9 service price and usage information available to 

10 consumers. 

11 (g) PRIORITY.—The Secretary shall give preference 

12 to applications for financial assistance under subsection 

13 (c) that— 

14 (1) are jointly sponsored by entities that share 

15 interest in the deployment of electric drive vehicles; 

16 (2) project the greatest reduction in dependency 

17 on petroleum as fuel and carbon dioxide emissions, 

18 in proportion to the amount of petroleum used as 

19 fuel and carbon dioxide emitted by the proposed de20 ployment community; 

21 (3) for at least 1 deployment community, in22 clude a demonstration of the deployment of heavy23 duty electric drive vehicles; 


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1 (4) include a plan to provide additional State, 

2 Indian tribe, local governmental, or private incen3 tives for the deployment of electric drive vehicles; 

4 (5) best demonstrate the ability of the deploy5 ment community to deploy the targeted number of 

6 electric drive vehicles; 

7 (6) are most likely to yield information that in8 forms and assists with the large-scale deployment of 

9 electric drive vehicles in different regions and regu10 latory regimes of the United States, including, as 

11 appropriate, information regarding the utilization of 

12 emerging technologies or practices; and 

13 (7) are submitted for deployment communities 

14 that are located in proximity to other areas to which 

15 electric drive vehicle deployment could be expanded. 

16 (h) CONSUMER BENEFITS.—As part of the amounts 

17 authorized under subsection (k), the Secretary shall en18 sure that each recipient of financial assistance for a de19 ployment community provides a minimum of $2,000 in 

20 benefits to each of the first 50,000 consumers who reside 

21 in the deployment community who purchase electric drive 

22 vehicles. Such benefits may not be used to offset the costs 

23 of any other benefit in effect in the deployment community 

24 as of the date of enactment of this Act, and may include— 


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1 (1) rebates of portions of the costs of pur2 chasing electric drive vehicles; 

3 (2) rebates of portions of the costs of permit4 ting, purchasing, or installing home electric drive ve5 hicle charging stations; 

6 (3) rebates of State or local sales taxes for pur7 chasing electric drive vehicles; 

8 (4) rebates of the incremental electric energy 

9 costs associated with charging electric drive vehicles; 

10 (5) rebates of the costs of State or local toll 

11 road access charges; 

12 (6) rebates of the costs of parking electric drive 

13 vehicles; and 

14 (7) any other benefit that the Secretary deter15 mines is appropriate and likely to incentivize the 

16 purchase of electric drive vehicles. 

17 (i) INFORMATION CLEARINGHOUSE.—The Secretary 

18 shall, as part of the program established pursuant to sub19 section (a)(1), collect and, as promptly as practicable, 

20 make available to the public information regarding the 

21 cost, performance, and other technical data regarding the 

22 deployment and integration of electric drive vehicles. 

23 (j) REPORTS.— 

24 (1) PHASE 1 UPDATE AND PHASE 2 PLAN.—Not 

25 later than 4 years after the date of enactment of 


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1 this Act, the Secretary shall submit to Congress a 

2 report— 

3 (A) describing the status of the deployment 

4 communities for which financial assistance is 

5 provided under the program established under 

6 subsection (a)(1); 

7 (B) describing, analyzing, and evaluating 

8 the data collected under the first phase of the 

9 program established under subsection (a)(1); 

10 (C) assessing the first phase of the pro11 gram established under subsection (a)(1); and 

12 (D) describing a plan for the second phase 

13 of the program established under subsection 

14 (a)(1), including— 

15 (i) how many additional deployment 

16 communities should be selected for further 

17 deployment activities and incentives; 

18 (ii) how criteria for selection of de19 ployment communities should be updated; 

20 (iii) how incentive structures for the 

21 deployment of electric drive vehicles should 

22 be changed; and 

23 (iv) a request for funding to imple24 ment such second phase. 


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1 (2) PHASE 1 RESULTS.—Not later than 6 years 

2 after the date of enactment of this Act, the Sec3 retary shall submit to Congress a report assessing 

4 the first phase of the program established under 

5 subsection (a)(1). 

6 (k) AUTHORIZATION.—There are authorized to be ap7 propriated to carry out this section $300,000,000 for each 

8 recipient of financial assistance for a deployment commu9 nity, to be expended within 5 years of the date of the re10 ceipt of funds. 

11 SEC. 4. TECHNICAL ASSISTANCE. 

12 (a) IN GENERAL.—The Secretary shall establish a 

13 competitive program to provide financial assistance to mu14 nicipalities that have not been selected to receive financial 

15 assistance under the program established under section 

16 3(a)(1) for purposes of assisting with the deployment of 

17 electric drive vehicles, including the evaluation of the feasi18 bility of large-scale deployment of electric drive vehicles 

19 and the installation of publicly available electric drive vehi20 cle charging infrastructure in the municipality. 

21 (b) AUTHORIZATION.—There are authorized to be ap22 propriated to carry out this section $120,000,000 for each 

23 of the 5 fiscal years after the date of enactment of this 

24 Act, to provide up to $10,000,000 for each recipient of 


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1 financial assistance for a municipality to be expended 

2 within 2 years of the date of the receipt of funds. 

3 SEC. 5. MODIFICATION OF CREDIT FOR ALTERNATIVE 

4 FUEL VEHICLE REFUELING PROPERTY FOR 

5 VEHICLES POWERED BY ELECTRICITY. 

6 (a) SPECIAL RULES FOR PROPERTY PLACED IN

7 SERVICE BEFORE JANUARY 1, 2017.—Subsection (e) of 

8 section 30C of the Internal Revenue Code of 1986 is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(7) PROPERTY FOR RECHARGING VEHICLES

12 POWERED BY ELECTRICITY.—In the case of property 

13 placed in service after December 31, 2011, and be14 fore January 1, 2017, which relates to electricity— 

15 ‘‘(A) subsection (a) shall be applied by 

16 substituting ‘50 percent’ for ‘30 percent’, 

17 ‘‘(B) subsection (b)(1) shall be applied by 

18 substituting ‘$50,000’ for ‘$30,000’, and 

19 ‘‘(C) subsection (b)(2) shall be applied by 

20 substituting ‘$2,000’ for ‘$1,000’.’’. 

21 (b) INSTALLATION COSTS.—Subsection (e) of section 

22 30C of such Code, as amended by subsection (a), is 

23 amended by adding at the end the following: 

24 ‘‘(8) INSTALLATION COSTS.—The cost of any 

25 qualified alternative fuel vehicle refueling property 


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1 which relates to electricity shall include the cost of 

2 the original installation of such property.’’. 

3 (c) TERMINATION OF CREDIT.—Subsection (g) of 

4 section 30C of such Code is amended by striking ‘‘and’’ 

5 at the end of paragraph (1), by redesignating paragraph 

6 (2) as paragraph (3), and by inserting after paragraph 

7 (1) the following new paragraph: 

8 ‘‘(2) in the case of property relating to elec9 tricity, after December 31, 2014, and’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to property placed in service after 

12 December 31, 2011. 

13 SEC. 6. ELECTRIC VEHICLE REFUELING PROPERTY TAX 

14 CREDIT BONDS. 

15 (a) IN GENERAL.—Paragraph (1) of section 54A(d) 

16 of the Internal Revenue Code of 1986 is amended by strik17 ing ‘‘or’’ at the end of subparagraph (D), by inserting 

18 ‘‘or’’ at the end of subparagraph (E), and by inserting 

19 after subparagraph (E) the following new subparagraph: 

20 ‘‘(F) a qualified electric vehicle refueling 

21 property bond,’’. 

22 (b) QUALIFIED PURPOSE.—Subparagraph (C) of sec23 tion 54A(d)(2) of the Internal Revenue Code of 1986 is 

24 amended— 

25 (1) by striking ‘‘and’’ at the end of clause (iv), 


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1 (2) by striking the period at the end of clause 

2 (v) and inserting ‘‘, and’’, and 

3 (3) by adding at the end the following new 

4 clause: 

5 ‘‘(vi) in the case of a qualified electric 

6 vehicle refueling property bond, a purpose 

7 specified in section 54G(a)(1).’’. 

8 (c) BONDS ALLOWED.—Subpart I of part IV of sub9 chapter A of chapter 1 of the Internal Revenue Code of 

10 1986 is amended by adding at the end the following new 

11 section: 

12 ‘‘SEC. 54G. QUALIFIED ELECTRIC VEHICLE REFUELING 

13 PROPERTY BONDS. 

14 ‘‘(a) QUALIFIED ELECTRIC VEHICLE REFUELING

15 PROPERTY BOND.—For purposes of this subpart, the 

16 term ‘qualified electric vehicle refueling property bond’ 

17 means any bond issued as part of an issue if— 

18 ‘‘(1) 100 percent of the available project pro19 ceeds of such issue are to be used for capital expend20 itures incurred by a qualified issuer for 1 or more 

21 qualified electric vehicle refueling properties, 

22 ‘‘(2) the bond is issued by a qualified issuer, 

23 and 

24 ‘‘(3) the issuer designates such bond for pur25 poses of this section. 


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1 ‘‘(b) REDUCED CREDIT AMOUNT.—Notwithstanding 

2 paragraph (2) of section 54A(b), the annual credit deter3 mined with respect to any qualified electric vehicle refuel4 ing property bond is 70 percent of the amount which 

5 would (but for this subsection) otherwise be determined 

6 under such paragraph with respect to such bond. 

7 ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES8 IGNATED.—The maximum aggregate face amount of 

9 bonds which may be designated under subsection (a) by 

10 any issuer shall not exceed the limitation amount allocated 

11 to such issuer under subsection (e). 

12 ‘‘(d) NATIONAL LIMITATION ON AMOUNT OF BONDS

13 DESIGNATED.—There is a national qualified electric vehi14 cle refueling property bond limitation of $100,000,000. 

15 ‘‘(e) ALLOCATIONS.—The Secretary shall make allo16 cations of the amount of the national qualified electric ve17 hicle refueling property bond limitation described in sub18 section (d) among purposes described in subsection (a)(1) 

19 in such manner as the Secretary determines appropriate. 

20 ‘‘(f) DEFINITIONS.—For purposes of this section— 

21 ‘‘(1) QUALIFIED ELECTRIC VEHICLE REFUEL22 ING PROPERTY.—The term ‘qualified electric vehicle 

23 refueling property’ means any qualified alternative 

24 fuel vehicle refueling property (within the meaning 

25 of section 30C) which relates to electricity. 


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1 ‘‘(2) QUALIFIED ISSUER.— 

2 ‘‘(A) IN GENERAL.—The term ‘qualified 

3 issuer’ means a public power provider, a cooper4 ative electric company, or a governmental body. 

5 ‘‘(B) GOVERNMENTAL BODY.—The term 

6 ‘governmental body’ means any State or Indian 

7 tribal government, or any political subdivision 

8 thereof. 

9 ‘‘(C) PUBLIC POWER PROVIDER.—The 

10 term ‘public power provider’ means a State util11 ity that has a service obligation to end-users or 

12 to a distribution utility (within the meaning of 

13 section 217 of the Federal Power Act, as in ef14 fect on the date of the enactment of this sec15 tion). 

16 ‘‘(D) COOPERATIVE ELECTRIC COMPANY.— 

17 The term ‘cooperative electric company’ means 

18 a mutual or cooperative electric company de19 scribed in section 501(c)(12) or an organization 

20 described in section 1381(a)(2)(C).’’. 

21 (d) CLERICAL AMENDMENT.—The table of sections 

22 for subpart I of part IV of subchapter A of chapter 1 of 

23 the Internal Revenue Code of 1986 is amended by adding 

24 at the end the following new item: 

‘‘Sec. 54G. Qualified electric vehicle refueling property bonds.’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to obligations issued after the date 

3 of the enactment of this Act. 

4 SEC. 7. ELECTRIC DRIVE VEHICLE INFRASTRUCTURE 

5 PLANNING. 

6 (a) AMENDMENT OF PURPA.—Section 111(d) of the 

7 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

8 2621(d)) is amended by adding at the end the following: 

9 ‘‘(20) ELECTRIC DRIVE VEHICLE INFRASTRUC10 TURE.— 

11 ‘‘(A) UTILITY PLAN FOR INFRASTRUC12 TURE.—Each electric utility shall develop a 

13 plan to support the use of electric drive vehi14 cles, including heavy-duty electric drive vehicles. 

15 Each such plan shall provide for the deploy16 ment of the charging infrastructure or other in17 frastructure necessary to adequately support 

18 the use of electric drive vehicles, and shall pro19 vide for, as appropriate, the support needed to 

20 enable the competitive installation, operation, or 

21 provision of electric drive vehicle charging serv22 ices. The plan may provide for deployment of 

23 electric drive vehicle charging stations in public 

24 or private locations, including street parking, 

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1 tions, and highway rest stops. Any such plan 

2 may also include— 

3 ‘‘(i) rapid charging infrastructure, in4 cluding fast charging and battery ex5 change, and other services; 

6 ‘‘(ii) triggers for charging infrastruc7 ture deployment based upon market pene8 tration of electric drive vehicles; 

9 ‘‘(iii) distribution system upgrades to 

10 accommodate requirements of electric drive 

11 vehicle charging; and 

12 ‘‘(iv) such other elements as the State 

13 regulatory authority (in the case of each 

14 electric utility for which is has ratemaking 

15 authority) or utility (in the case of a non16 regulated utility) determines necessary to 

17 support electric drive vehicles. 

18 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

19 State regulatory authority (in the case of each 

20 electric utility for which it has ratemaking au21 thority) and each utility (in the case of a non22 regulated utility) shall— 

23 ‘‘(i) require that electric drive vehicle 

24 charging infrastructure deployed complies 

25 with any applicable Federal standard and 


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1 is interoperable with the applicable prod2 ucts of all auto manufacturers, to the ex3 tent possible; 

4 ‘‘(ii) consider adopting minimum re5 quirements for deployment of electric drive 

6 vehicle charging infrastructure and other 

7 appropriate requirements necessary to sup8 port the use of electric drive vehicles; and 

9 ‘‘(iii) assess the system benefits of 

10 widespread deployment of electric drive ve11 hicles associated with predominantly off12 peak electric drive vehicle charging. 

13 ‘‘(C) COST RECOVERY.—Each State regu14 latory authority (in the case of each electric 

15 utility for which it has ratemaking authority) 

16 and each utility (in the case of a nonregulated 

17 utility) shall consider whether, and to what ex18 tent, to allow cost recovery for plans under sub19 paragraph (A) and implementation of such 

20 plans. 

21 ‘‘(D) SMART GRID INTEGRATION.—Each 

22 State regulatory authority (in the case of each 

23 electric utility for which it has ratemaking au24 thority) and each utility (in the case of a non25 regulated utility) shall, in accordance with acVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1685.IH H1685

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1 tions taken by the Commission pursuant to sec2 tion 1305(d) of the Energy Independence and 

3 Security Act of 2007— 

4 ‘‘(i) establish any appropriate proto5 cols and standards for integrating electric 

6 drive vehicles into an electric distribution 

7 system, including smart grid systems and 

8 devices as described in title XIII of the 

9 Energy Independence and Security Act of 

10 2007; 

11 ‘‘(ii) provide for, to the extent fea12 sible, the ability for each electric drive ve13 hicle to be identified individually and to be 

14 associated with its owner’s electric utility 

15 account, regardless of the location that the 

16 vehicle is plugged in, for purposes of ap17 propriate billing for any electric energy re18 quired to charge the vehicle’s batteries as 

19 well as any crediting for electric energy 

20 provided to the electric utility from the ve21 hicle’s batteries; and 

22 ‘‘(iii) review the determination made 

23 in response to paragraph (14) of this sub24 section in light of this paragraph, including 

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1 ployed to enable the use of electric drive 

2 vehicles to contribute to meeting peak-load 

3 and ancillary service power needs. 

4 ‘‘(E) DEFINITION OF ELECTRIC DRIVE VE5 HICLE.—For purposes of this paragraph, the 

6 term ‘electric drive vehicle’ has the meaning 

7 given such term in section 2(3) of the Electric 

8 Drive Vehicle Deployment Act of 2011.’’. 

9 (b) COMPLIANCE.— 

10 (1) TIME LIMITATIONS.—Section 112(b) of the 

11 Public Utility Regulatory Policies Act of 1978 (16 

12 U.S.C. 2622(b)) is amended by adding the following 

13 at the end thereof: 

14 ‘‘(7)(A) Not later than 3 years after the date 

15 of enactment of this paragraph, each State regu16 latory authority (with respect to each electric utility 

17 for which it has ratemaking authority) and each 

18 nonregulated utility shall commence the consider19 ation referred to in section 111, or set a hearing 

20 date for consideration, with respect to the standards 

21 established by paragraph (20) of section 111(d). 

22 ‘‘(B) Not later than 4 years after the date of 

23 enactment of the this paragraph, each State regu24 latory authority (with respect to each electric utility 

25 for which it has ratemaking authority), and each 


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1 nonregulated electric utility, shall complete the con2 sideration, and shall make the determination, re3 ferred to in section 111 with respect to each stand4 ard established by paragraph (20) of section 

5 111(d).’’. 

6 (2) FAILURE TO COMPLY.—Section 112(c) of 

7 the Public Utility Regulatory Policies Act of 1978 

8 (16 U.S.C. 2622(c)) is amended by adding the fol9 lowing at the end: ‘‘In the case of the standards es10 tablished by paragraph (20) of section 111(d), the 

11 reference contained in this subsection to the date of 

12 enactment of this Act shall be deemed to be a ref13 erence to the date of enactment of such paragraph.’’. 

14 (3) PRIOR STATE ACTIONS.—Section 112(d) of 

15 the Public Utility Regulatory Policies Act of 1978 

16 (16 U.S.C. 2622(d)) is amended by striking ‘‘(19)’’ 

17 and inserting ‘‘(20)’’ before ‘‘of section 111(d)’’. 

18 SEC. 8. ELECTRIC DRIVE COMPONENT AND INFRASTRUC19 TURE MANUFACTURING LOAN PROGRAM. 

20 (a) DIRECT LOAN PROGRAM.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, and subject to the 

23 availability of appropriated funds, the Secretary 

24 shall carry out a program to provide a total of not 

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1 viduals and entities (as determined by the Secretary 

2 and including qualified electric drive vehicle compo3 nent suppliers and qualified electric drive vehicle in4 frastructure suppliers) for the costs of activities de5 scribed in subsection (b). The loans shall be made 

6 through the Federal Financing Bank, with the full 

7 faith and credit of the United States Government on 

8 the principal and interest. The full credit subsidy 

9 shall be paid by the Secretary using appropriated 

10 funds. 

11 (2) APPLICATION.—An applicant for a loan 

12 under this subsection shall submit to the Secretary 

13 an application at such time, in such manner, and 

14 containing such information as the Secretary may 

15 require, including a written assurance that— 

16 (A) all laborers and mechanics employed 

17 by contractors or subcontractors during con18 struction, alteration, or repair that is financed, 

19 in whole or in part, by a loan under this section 

20 shall be paid wages at rates not less than those 

21 prevailing on similar construction in the local22 ity, as determined by the Secretary of Labor in 

23 accordance with sections 3141 through 3144, 

24 3146, and 3147 of title 40, United States Code; 

25 and 


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1 (B) the Secretary of Labor shall, with re2 spect to the labor standards described in this 

3 paragraph, have the authority and functions set 

4 forth in Reorganization Plan Numbered 14 of 

5 1950 (5 U.S.C. App.) and section 3145 of title 

6 40, United States Code. 

7 (3) SELECTION OF ELIGIBLE PROJECTS.—The 

8 Secretary shall select eligible projects to receive 

9 loans under this subsection in cases in which, as de10 termined by the Secretary, the loan recipient— 

11 (A) is financially viable without the receipt 

12 of additional Federal funding associated with 

13 the proposed project; 

14 (B) will provide sufficient information to 

15 the Secretary for the Secretary to ensure that 

16 the funds are expended efficiently and effec17 tively; and 

18 (C) has met such other criteria as may be 

19 established and published by the Secretary. 

20 (4) RATES, TERMS, AND REPAYMENT OF

21 LOANS.—A loan provided under this subsection— 

22 (A) shall have an interest rate that, as of 

23 the date on which the loan is made, is equal to 

24 the cost of funds to the Department of the 


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1 Treasury for obligations of comparable matu2 rity; 

3 (B) shall have a term equal to the lesser 

4 of— 

5 (i) the projected life, in years, of the 

6 eligible project to be carried out using 

7 funds from the loan, as determined by the 

8 Secretary; or 

9 (ii) 25 years; 

10 (C) may be subject to a deferral in repay11 ment for not more than 5 years after the date 

12 on which the eligible project carried out using 

13 funds from the loan first begins operations, as 

14 determined by the Secretary; and 

15 (D) shall be made by the Federal Financ16 ing Bank. 

17 (b) USE OF FUNDS.—A loan provided under sub18 section (a) may be used by the loan recipient to pay the 

19 costs of— 

20 (1) reequipping, expanding, or establishing a 

21 manufacturing facility in the United States to 

22 produce— 

23 (A) qualified electric drive vehicle infra24 structure; or 


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1 (B) qualified electric drive vehicle compo2 nents; and 

3 (2) engineering integration performed in the 

4 United States of qualified electric drive vehicle com5 ponents. 

6 (c) FEES.—Administrative costs shall be no more 

7 than $100,000 or 10 basis points of the loan. 

8 (d) PRIORITY.— 

9 (1) CRITERIA.—In selecting loan recipients 

10 from among eligible applicants, the Secretary shall 

11 give preference to proposals that— 

12 (A) are most likely to be successful; and 

13 (B) are located in local markets that have 

14 the greatest need for the manufacturing facility. 

15 (2) EXISTING FACILITIES.—The Secretary 

16 shall, in making loans to manufacturers that have 

17 existing facilities, give priority to those facilities that 

18 are oldest or have been in existence for at least 20 

19 years. Such facilities may currently be sitting idle. 

20 (e) SET ASIDE FOR SMALL MANUFACTURERS AND

21 COMPONENT SUPPLIERS.— 

22 (1) DEFINITION OF COVERED FIRM.—In this 

23 subsection, the term ‘‘covered firm’’ means a firm 

24 that— 

25 (A) employs less than 500 individuals; and 


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1 (B) manufactures qualified electric drive 

2 vehicle infrastructure or qualified electric drive 

3 vehicle components. 

4 (2) SET ASIDE.—Of the amount of funds that 

5 are used to make loans for each fiscal year under 

6 subsection (a), the Secretary shall use not less than 

7 25 percent to make loans to covered firms or con8 sortia led by a covered firm. 

9 (f) APPOINTMENT AND PAY OF PERSONNEL.— 

10 (1) The Secretary may use direct hiring author11 ity pursuant to section 3304(a)(3) of title 5, United 

12 States Code, to appoint such professional and ad13 ministrative personnel as the Secretary determines 

14 necessary to the discharge of the Secretary’s func15 tions under this section. 

16 (2) The rate of pay for a person appointed pur17 suant to paragraph (1) shall not exceed the max18 imum rate payable for GS–15 of the General Sched19 ule under chapter 53 of such title. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section for each of fiscal years 

23 2012 through 2017. 


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1 SEC. 9. LOAN GUARANTEES FOR ADVANCED BATTERY PUR2 CHASES FOR USE IN STATIONARY APPLICA3 TIONS. 

4 Subtitle B of title I of the Energy Independence and 

5 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY 

8 PURCHASES. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) QUALIFIED AUTOMOTIVE BATTERY.—The 

11 term ‘qualified automotive battery’ means a battery 

12 that— 

13 ‘‘(A) has at least 5 kilowatt-hours of trac14 tion battery capacity; and 

15 ‘‘(B) is designed for use in electric drive 

16 vehicles but is purchased for nonautomotive and 

17 dual-purpose applications. 

18 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means— 

20 ‘‘(A) an original equipment manufacturer; 

21 ‘‘(B) an electric utility; 

22 ‘‘(C) any provider of qualified electric drive 

23 vehicle infrastructure (as such term is defined 

24 in section 2(8) of the Electric Drive Vehicle De25 ployment Act of 2011); or 


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1 ‘‘(D) any other qualified entity, as deter2 mined by the Secretary. 

3 ‘‘(b) LOAN GUARANTEES.—The Secretary shall es4 tablish a program to provide guarantees of loans made to 

5 eligible entities by private institutions for the purchase, 

6 by such an eligible entity, of at least 500 qualified auto7 motive batteries in a calendar year that use advanced bat8 tery technology. 

9 ‘‘(c) REQUIREMENTS.—The Secretary may provide a 

10 loan guarantee under subsection (b) to an applicant if— 

11 ‘‘(1) without a loan guarantee, credit is not 

12 available to the applicant under reasonable terms or 

13 conditions sufficient to finance the purchase of 

14 qualified automotive batteries described in sub15 section (b); 

16 ‘‘(2) the prospective earning power of the appli17 cant and the character and value of the security 

18 pledged provide a reasonable assurance of repayment 

19 of the loan to be guaranteed in accordance with the 

20 terms of the loan; and 

21 ‘‘(3) the loan bears interest at a rate deter22 mined by the Secretary to be reasonable, taking into 

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1 ods of maturity comparable to the maturity of the 

2 loan. 

3 ‘‘(d) MATURITY.—A loan guaranteed under sub4 section (b) shall have a maturity of not more than 20 

5 years. 

6 ‘‘(e) TERMS AND CONDITIONS.—The loan agreement 

7 for a loan guaranteed under subsection (b) shall provide 

8 that no provision of the loan agreement may be amended 

9 or waived without the consent of the Secretary. 

10 ‘‘(f) ASSURANCE OF REPAYMENT.—The Secretary 

11 shall require that an applicant for a loan guarantee under 

12 subsection (b) provide an assurance of repayment in the 

13 form of a performance bond, insurance, collateral, or other 

14 means acceptable to the Secretary in an amount equal to 

15 not less than 20 percent of the amount of the loan. 

16 ‘‘(g) GUARANTEE FEE.—The recipient of a loan 

17 guarantee under subsection (b) shall pay the Secretary an 

18 amount determined by the Secretary to be sufficient to 

19 cover the administrative costs of the Secretary relating to 

20 the loan guarantee. 

21 ‘‘(h) FULL FAITH AND CREDIT.—The full faith and 

22 credit of the United States is pledged to the payment of 

23 all guarantees made under this section. Any such guar24 antee made by the Secretary shall be conclusive evidence 

25 of the eligibility of the loan for the guarantee with respect 


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1 to principal and interest. The validity of the guarantee 

2 shall be incontestable in the hands of a holder of the guar3 anteed loan. 

4 ‘‘(i) REGULATIONS.—The Secretary shall promulgate 

5 such regulations as are necessary to carry out this section. 

6 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $300,000,000 for fiscal years 2012 through 2016.’’. 

9 SEC. 10. FEDERAL FLEETS. 

10 (a) ELECTRIC ENERGY.—For purposes of Federal 

11 agency reporting requirements, electric energy consumed 

12 by Federal agencies to fuel electric drive vehicles— 

13 (1) is alternative fuel (as defined in section 301 

14 of the Energy Policy Act of 1992 (42 U.S.C. 

15 13211)); and 

16 (2) shall be accounted for under Federal fleet 

17 management reporting requirements, not under Fed18 eral building management reporting requirements. 

19 (b) ASSESSMENT AND REPORT.— 

20 (1) IN GENERAL.—The Administrator of Gen21 eral Services, in consultation with the Secretary of 

22 Energy, shall complete an assessment of motor vehi23 cle fleets operated by Federal agencies and submit 

24 a report to Congress that includes each of the fol25 lowing: 


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1 (A) For each Federal agency, the types of 

2 vehicles the agency uses that may or may not 

3 be suitable for near-term and medium-term re4 placement with commercially available electric 

5 drive vehicles, taking into account the types of 

6 vehicles for which electric drive vehicles could 

7 provide comparable functionality and lifecycle 

8 costs. 

9 (B) The number of electric drive vehicles 

10 that could be deployed by each Federal agency 

11 in 5 years and in 10 years, assuming that elec12 tric drive vehicles are available and are pur13 chased when new vehicles are needed or existing 

14 vehicles are replaced. 

15 (C) The estimated cost to the Federal Gov16 ernment for vehicle purchases described under 

17 paragraph (2) for each fiscal year. 

18 (2) SUBMISSION OF REPORT.— 

19 (A) FIRST REPORT.—The first report de20 scribed under paragraph (1) shall be submitted 

21 not later than 180 days after the date of enact22 ment of this Act. 

23 (B) SECOND REPORT.—The second report 

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1 gram established under section 3(a)(1) and 

2 shall include each of the following: 

3 (i) A description of the status of elec4 tric drive vehicles in the motor vehicle pool. 

5 (ii) An analysis of the data collected, 

6 if any, pursuant to subsection (d)(3). 

7 (c) BUDGET CONTENTS.—Subsection (a) of section 

8 1105 of title 31, United States Code— 

9 (1) is amended by redesignating the second 

10 paragraph 37 as paragraph 39; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(40) Information about electric drive vehicle 

14 purchases, including a separate statement, by agen15 cy, of the number of vehicles to be acquired and the 

16 amounts proposed in the budget for acquisition of 

17 electric drive vehicles and qualified electric drive ve18 hicle infrastructure (as such term is defined in the 

19 Electric Drive Vehicle Deployment Act of 2011).’’. 

20 (d) PILOT PROGRAM TO DEPLOY ELECTRIC DRIVE

21 VEHICLES IN THE FEDERAL MOTOR VEHICLE FLEET.— 

22 (1) AUTHORIZATION.—There is authorized to 

23 be appropriated to the Acquisition Services Fund, 

24 established under section 321 of title 40, United 

25 States Code, $45,000,000, to remain available until 


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1 expended for purposes of a pilot program whereby, 

2 not later than 3 years after the date of enactment 

3 of this Act, and notwithstanding section 1343(c) of 

4 title 31, United States Code, the Administrator of 

5 General Services shall acquire, to the maximum ex6 tent practicable, 1,000 commercially available elec7 tric drive vehicles and the necessary qualified electric 

8 drive vehicle infrastructure. 

9 (2) SETTING PRICES TO RECOVER COSTS.—The 

10 Administrator of General Services shall set prices for 

11 furnishing electric drive vehicles, necessary qualified 

12 electric drive vehicle infrastructure, and related serv13 ices under section 602 of title 40, United States 

14 Code, to recover, so far as practicable, all costs of 

15 carrying out this subsection consistent with section 

16 605 of title 40, United States Code. 

17 (3) DATA COLLECTION.—The Administrator of 

18 General Services shall, upon the acquisition of elec19 tric drive vehicles and necessary qualified electric 

20 drive vehicle infrastructure described under para21 graph (1), collect data on each of the following: 

22 (A) The cost, performance, and use of elec23 tric drive vehicles in the motor vehicle pool. 

24 (B) The deployment and integration of 

25 electric drive vehicles in the motor vehicle pool. 


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1 (C) The contribution of electric drive vehi2 cles in the motor vehicle pool toward reducing 

3 the use of fossil fuels and greenhouse gas emis4 sions. 

5 (e) DEFINITIONS.—In this section: 

6 (1) FEDERAL AGENCY.—The term ‘‘Federal 

7 agency’’ has the meaning given that term under sec8 tion 102 of title 40, United States Code. 

9 (2) MOTOR VEHICLE POOL.—The term ‘‘motor 

10 vehicle pool’’ means the motor vehicle pool estab11 lished under subchapter VI of chapter 5 of subtitle 

12 I of title 40, United States Code, and operated by 

13 the Administrator of General Services. 

Æ 


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