II 

112TH CONGRESS 

1ST SESSION S. 948 

To promote the deployment of plug-in electric drive vehicles, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2011 

Mr. MERKLEY (for himself and Mr. ALEXANDER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To promote the deployment of plug-in 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Promoting Electric Vehicles Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE 

DEPLOYMENT PROGRAM. 


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Sec. 101. National Plug-In Electric Drive Vehicle Deployment Program. 

Sec. 102. National assessment and plan. 

Sec. 103. Technical assistance. 

Sec. 104. Workforce training. 

Sec. 105. Federal fleets. 

Sec. 106. Targeted Plug-in Electric Drive Vehicle Deployment Communities 

Program. 

Sec. 107. Plug-in electric drive vehicle private fleet upgrade program. 

TITLE II—RESEARCH AND DEVELOPMENT 

Sec. 201. Research and development program. 

Sec. 202. Advanced batteries for tomorrow prize. 

Sec. 203. Study on the supply of raw materials. 

Sec. 204. Study on the collection and preservation of data collected from plugin electric drive vehicles. 

TITLE III—MISCELLANEOUS 

Sec. 301. Utility planning for plug-in electric drive vehicles. 

Sec. 302. Loan guarantees. 

Sec. 303. Prohibition on disposing of advanced batteries in landfills. 

Sec. 304. Plug-in Electric Drive Vehicle Technical Advisory Committee. 

Sec. 305. Plug-in Electric Drive Vehicle Interagency Task Force. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the United States is the largest consumer of 

4 petroleum in the world, consuming 19,500,000 bar5 rels per day of petroleum products during 2008; 

6 (2) high and volatile international oil prices rep7 resent a significant and ongoing threat to the eco8 nomic and national security of the United States; 

9 (3) many of the nations on which the United 

10 States relies for petroleum supplies or that signifi11 cantly affect the world petroleum market share nei12 ther the national interest nor the values of the 

13 United States; 


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1 (4) the United States imports more than 50 

2 percent of the petroleum needs of the country each 

3 day; 

4 (5) in 2008, the net deficit of the United States 

5 in petroleum trade amounted to more than 

6 $380,000,000,000, or nearly 60 percent of the total 

7 trade deficit; 

8 (6) the transportation sector of the United 

States accounts for over 2 9 ⁄3 of total national petro10 leum consumption and is 94 percent reliant on pe11 troleum; 

12 (7) the electrification of the transportation sec13 tor represents a direct pathway to significant reduc14 tion in petroleum dependence, because passenger 

15 cars and light trucks account for more than 60 per16 cent of the transportation petroleum demand and 

17 more than 40 percent of total petroleum demand in 

18 the United States; 

19 (8) the electrification of the transportation sec20 tor promotes national energy security because the 

21 electric power sector uses a diverse range of domes22 tic electricity generation sources; 

23 (9) plug-in electric drive vehicles, when running 

24 on electric power, produce no tailpipe emissions; 


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1 (10) the deployment of 700,000 plug-in electric 

2 drive vehicles would result in a petroleum savings of 

3 approximately 10,000,000 barrels per year compared 

4 to the annual petroleum consumption as of the date 

5 of enactment of this Act; 

6 (11) in 2030, the United States could feasibly 

7 deploy more than 100,000,000 plug-in electric drive 

8 vehicles, which would result in a petroleum savings 

9 of more than 1,000,000,000 barrels of petroleum per 

10 year and greenhouse gas reductions of over 

11 300,000,000 tons of carbon dioxide compared to the 

12 annual petroleum consumption and greenhouse gas 

13 emissions as of the date of enactment of this Act; 

14 and 

15 (12) a targeted deployment program for plug-in 

16 electric drive vehicles that is focused on competi17 tively selected deployment communities— 

18 (A) is a critical component of a com19 prehensive effort to speed plug-in electric drive 

20 vehicle penetration rates; 

21 (B) will contribute to the larger national 

22 effort to deploy plug-in electric drive vehicles; 

23 (C) will inform best practices for the wide24 scale deployment of plug-in electric drive vehi25 cles; and 


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1 (D) will substantially reduce the oil con2 sumption of the United States. 

3 SEC. 3. DEFINITIONS. 

4 (a) IN GENERAL.—In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given the term ‘‘Executive agency’’ in sec7 tion 105 of title 5, United States Code. 

8 (2) CHARGING INFRASTRUCTURE.—The term 

9 ‘‘charging infrastructure’’ means any property (not 

10 including a building) if the property is used for the 

11 recharging of plug-in electric drive vehicles, includ12 ing electrical panel upgrades, wiring, conduit, 

13 trenching, pedestals, and related equipment. 

14 (3) COMMITTEE.—The term ‘‘Committee’’ 

15 means the Plug-in Electric Drive Vehicle Technical 

16 Advisory Committee established by section 304. 

17 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de18 ployment community’’ means a community selected 

19 by the Secretary to be part of the targeted plug-in 

20 electric drive vehicles deployment communities pro21 gram under section 106. 

22 (5) ELECTRIC UTILITY.—The term ‘‘electric 

23 utility’’ has the meaning given the term in section 

24 3 of the Public Utility Regulatory Policies Act of 

25 1978 (16 U.S.C. 2602). 


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1 (6) FEDERAL-AID SYSTEM OF HIGHWAYS.—The 

2 term ‘‘Federal-aid system of highways’’ means a 

3 highway system described in section 103 of title 23, 

4 United States Code. 

5 (7) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

6 term ‘‘plug-in electric drive vehicle’’ has the meaning 

7 given the term in section 131(a)(5) of the Energy 

8 Independence and Security Act of 2007 (42 U.S.C. 

9 17011(a)(5)). 

10 (8) PRIZE.—The term ‘‘Prize’’ means the Ad11 vanced Batteries for Tomorrow Prize established by 

12 section 202. 

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

14 the Secretary of Energy. 

15 (10) TASK FORCE.—The term ‘‘Task Force’’ 

16 means the Plug-in Electric Drive Vehicle Inter17 agency Task Force established by section 305. 

18 (b) DEFINITION OF PLUG-IN ELECTRIC DRIVE VEHI19 CLE.—Section 131(a)(5) of the Energy Independence and 

20 Security Act of 2007 (42 U.S.C. 17011(a)(5)) is amend21 ed— 

22 (1) by redesignating subparagraphs (A), (B), 

23 and (C) as clauses (i), (ii), and (iii), respectively, 

24 and indenting appropriately; 


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1 (2) by striking ‘‘means a vehicle that—’’ and 

2 inserting ‘‘means— 

3 ‘‘(A) a vehicle that—’’; 

4 (3) in subparagraph (A)(iii) (as so redesig5 nated), by striking the period at the end and insert6 ing ‘‘; and’’; 

7 (4) by adding at the end the following: 

8 (A) any other motor vehicle— 

9 ‘‘(i) for which the motive electric 

10 power can be recharged from an external 

11 source of power; and 

12 ‘‘(ii) that has a maximum speed of 

13 greater than 25 miles per hour.’’. 

14 TITLE I—NATIONAL PLUG-IN 

15 ELECTRIC DRIVE VEHICLE 

16 DEPLOYMENT PROGRAM. 

17 SEC. 101. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE 

18 DEPLOYMENT PROGRAM. 

19 (a) IN GENERAL.—There is established within the 

20 Department of Energy a national plug-in electric drive ve21 hicle deployment program for the purpose of assisting in 

22 the deployment of plug-in electric drive vehicles. 

23 (b) GOALS.—The goals of the national program de24 scribed in subsection (a) include— 


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1 (1) the reduction and displacement of petro2 leum use by accelerating the deployment of plug-in 

3 electric drive vehicles in the United States; 

4 (2) the reduction of greenhouse gas emissions 

5 by accelerating the deployment of plug-in electric 

6 drive vehicles in the United States; 

7 (3) the facilitation of the rapid deployment of 

8 plug-in electric drive vehicles, particularly into the 

9 mainstream consumer market; 

10 (4) the achievement of significant market pene11 trations by plug-in electric drive vehicles nationally; 

12 (5) the establishment of models for the rapid 

13 deployment of plug-in electric drive vehicles nation14 ally, including models for the deployment of residen15 tial, private, and publicly available charging infra16 structure; 

17 (6) the increase of consumer knowledge and ac18 ceptance of plug-in electric drive vehicles; 

19 (7) the encouragement of the innovation and in20 vestment necessary to achieve mass market deploy21 ment of plug-in electric drive vehicles; 

22 (8) the facilitation of the integration of plug-in 

23 electric drive vehicles into electricity distribution sys24 tems and the larger electric grid while maintaining 

25 grid system performance and reliability; 


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1 (9) the provision of technical assistance to com2 munities across the United States to prepare for 

3 plug-in electric drive vehicles; and 

4 (10) the support of workforce training across 

5 the United States relating to plug-in electric drive 

6 vehicles. 

7 (c) DUTIES.—In carrying out this title, the Secretary 

8 shall— 

9 (1) provide technical assistance to State, local, 

10 and tribal governments that want to create deploy11 ment programs for plug-in electric drive vehicles in 

12 the communities over which the governments have 

13 jurisdiction; 

14 (2) perform national assessments of the poten15 tial deployment of plug-in electric drive vehicles 

16 under section 102; 

17 (3) synthesize and disseminate data from the 

18 deployment of plug-in electric drive vehicles; 

19 (4) develop best practices for the successful de20 ployment of plug-in electric drive vehicles; 

21 (5) carry out workforce training under section 

22 104; 

23 (6) establish the targeted plug-in electric drive 

24 vehicle deployment communities program under sec25 tion 106; and 


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1 (7) in conjunction with the Task Force, make 

2 recommendations to Congress and the President on 

3 methods to reduce the barriers to plug-in electric 

4 drive vehicle deployment. 

5 (d) REPORT.—Not later than 18 months after the 

6 date of enactment of this Act and biennially thereafter, 

7 the Secretary shall submit to the appropriate committees 

8 of Congress a report on the progress made in imple9 menting the national program described in subsection (a) 

10 that includes— 

11 (1) a description of the progress made by— 

12 (A) the technical assistance program under 

13 section 103; and 

14 (B) the workforce training program under 

15 section 104; and 

16 (2) any updated recommendations of the Sec17 retary for changes in Federal programs to promote 

18 the purposes of this title. 

19 (e) NATIONAL INFORMATION CLEARINGHOUSE.— 

20 The Secretary shall make available to the public, in a 

21 timely manner, information regarding— 

22 (1) the cost, performance, usage data, and tech23 nical data regarding plug-in electric drive vehicles 

24 and associated infrastructure, including information 


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1 from the deployment communities established under 

2 section 106; and 

3 (2) any other educational information that the 

4 Secretary determines to be appropriate. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—For the 

6 period of fiscal years 2011 through 2016, there are au7 thorized to be appropriated $100,000,000 to carry out sec8 tions 101 through 103. 

9 SEC. 102. NATIONAL ASSESSMENT AND PLAN. 

10 (a) IN GENERAL.—The Secretary shall carry out a 

11 national assessment and develop a national plan for plug12 in electric drive vehicle deployment that includes— 

13 (1) an assessment of the maximum feasible de14 ployment of plug-in electric drive vehicles by 2020 

15 and 2030; 

16 (2) the establishment of national goals for mar17 ket penetration of plug-in electric drive vehicles by 

18 2020 and 2030; 

19 (3) a plan for providing technical assistance to 

20 communities across the United States to prepare for 

21 plug-in electric drive vehicle deployment; 

22 (4) a plan for quantifying the reduction in pe23 troleum consumption and the net impact on green24 house gas emissions due to the deployment of plug25 in electric drive vehicles; 


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1 (5) in consultation with the Task Force, any 

2 recommendations to the President and to Congress 

3 for changes in Federal programs (including laws, 

4 regulations, and guidelines)— 

5 (A) to better promote the deployment of 

6 plug-in electric drive vehicles; and 

7 (B) to reduce barriers to the deployment of 

8 plug-in electric drive vehicles; and 

9 (6) a plan for integrating the successes and 

10 barriers to deployment identified by the deployment 

11 communities program established under section 106 

12 to prepare communities across the United States for 

13 the rapid deployment of plug-in electric drive vehi14 cles; 

15 (b) TIMING.— 

16 (1) INITIAL DRAFT.—Not later than 1 year 

17 after the date of enactment of this Act, the Sec18 retary shall complete an initial draft of the national 

19 plan that includes the matters described in para20 graphs (1) through (5) of subsection (a). 

21 (2) FINAL VERSION.—Not later than 18 

22 months after the date of enactment of this Act, the 

23 Secretary shall complete a final version of the na24 tional plan that includes the matters described in 

25 paragraphs (1) through (6) of subsection (a). 


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1 (c) UPDATES.—Not later than 2 years after the date 

2 of development of the plan described in subsection (a), and 

3 not less frequently than once every 2 years thereafter, the 

4 Secretary shall use market data and information from the 

5 targeted plug-in electric drive vehicle deployment commu6 nities program established under section 106 and other 

7 relevant data to update the plan to reflect real world mar8 ket conditions. 

9 SEC. 103. TECHNICAL ASSISTANCE. 

10 (a) TECHNICAL ASSISTANCE TO STATE, LOCAL, AND

11 TRIBAL GOVERNMENTS.— 

12 (1) IN GENERAL.—In carrying out this title, the 

13 Secretary shall provide, at the request of the Gov14 ernor, Mayor, county executive, or the designee of 

15 such an official, technical assistance to State, local, 

16 and tribal governments to assist with the deployment 

17 of plug-in electric drive vehicles. 

18 (2) REQUIREMENTS.—The technical assistance 

19 described in paragraph (1) shall include— 

20 (A) training on codes and standards for 

21 building and safety inspectors; 

22 (B) training on best practices for expe23 diting permits and inspections; 

24 (C) education and outreach on frequently 

25 asked questions relating to the various types of 


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1 plug-in electric drive vehicles and associated in2 frastructure, battery technology, and disposal; 

3 and 

4 (D) the dissemination of information re5 garding best practices for the deployment of 

6 plug-in electric drive vehicles. 

7 (3) PRIORITY.—In providing technical assist8 ance under this subsection, the Secretary shall give 

9 priority to— 

10 (A) communities that have established 

11 public and private partnerships, including part12 nerships comprised of— 

13 (i) elected and appointed officials 

14 from each of the participating State, local, 

15 and tribal governments; 

16 (ii) relevant generators and distribu17 tors of electricity; 

18 (iii) public utility commissions; 

19 (iv) departments of public works and 

20 transportation; 

21 (v) owners and operators of property 

22 that will be essential to the deployment of 

23 a sufficient level of publicly available 

24 charging infrastructure (including privately 

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1 mercial entities with public access loca2 tions); 

3 (vi) plug-in electric drive vehicle man4 ufacturers or retailers; 

5 (vii) third-party providers of charging 

6 infrastructure or services; 

7 (viii) owners of any major fleet that 

8 will participate in the program; 

9 (ix) as appropriate, owners and opera10 tors of regional electric power distribution 

11 and transmission facilities; and 

12 (x) other existing community coali13 tions recognized by the Department of En14 ergy; 

15 (B) communities that, as determined by 

16 the Secretary, have best demonstrated that the 

17 public is likely to embrace plug-in electric drive 

18 vehicles, giving particular consideration to com19 munities that— 

20 (i) have documented waiting lists to 

21 purchase plug-in electric drive vehicles; 

22 (ii) have developed projections of the 

23 quantity of plug-in electric drive vehicles 

24 supplied to dealers; and 


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1 (iii) have assessed the quantity of 

2 charging infrastructure installed or for 

3 which permits have been issued; 

4 (C) communities that have shown a com5 mitment to serving diverse consumer charging 

6 infrastructure needs, including the charging in7 frastructure needs for single- and multi-family 

8 housing and public and privately owned com9 mercial infrastructure; and 

10 (D) communities that have established reg11 ulatory and educational efforts to facilitate con12 sumer acceptance of plug-in electric drive vehi13 cles, including by— 

14 (i) adopting (or being in the process 

15 of adopting) streamlined permitting and 

16 inspections processes for residential charg17 ing infrastructure; and 

18 (ii) providing customer informational 

19 resources, including providing plug-in elec20 tric drive information on community or 

21 other websites. 

22 (4) BEST PRACTICES.—The Secretary shall col23 lect and disseminate information to State, local, and 

24 tribal governments creating plans to deploy plug-in 


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1 electric drive vehicles on best practices (including 

2 codes and standards) that uses data from— 

3 (A) the program established by section 

4 106; 

5 (B) the activities carried out by the Task 

6 Force; and 

7 (C) existing academic and industry studies 

8 of the factors that contribute to the successful 

9 deployment of new technologies, particularly 

10 studies relating to alternative fueled vehicles. 

11 (5) GRANTS.— 

12 (A) IN GENERAL.—The Secretary shall es13 tablish a program to provide grants to State, 

14 local, and tribal governments or to partnerships 

15 of government and private entities to assist the 

16 governments and partnerships— 

17 (i) in preparing a community deploy18 ment plan under section 106; and 

19 (ii) in preparing and implementing 

20 programs that support the deployment of 

21 plug-in electric drive vehicles. 

22 (B) APPLICATION.—A State, local, or trib23 al government that seeks to receive a grant 

24 under this paragraph shall submit to the Sec25 retary an application for the grant at such 


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1 time, in such form, and containing such infor2 mation as the Secretary may prescribe. 

3 (C) USE OF FUNDS.—A State, local, or 

4 tribal government receiving a grant under this 

5 paragraph shall use the funds— 

6 (i) to develop a community deploy7 ment plan that shall be submitted to the 

8 next available competition under section 

9 106; and 

10 (ii) to carry out activities that encour11 age the deployment of plug-in electric drive 

12 vehicles including— 

13 (I) planning for and installing 

14 charging infrastructure, particularly 

15 to develop and demonstrate diverse 

16 and cost-effective planning, installa17 tion, and operations options for de18 ployment of single family and multi19 family residential, workplace, and 

20 publicly available charging infrastruc21 ture; 

22 (II) updating building, zoning, or 

23 parking codes and permitting or in24 spection processes; 


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1 (III) workforce training, includ2 ing the training of permitting offi3 cials; 

4 (IV) public education described 

5 in the proposed marketing plan; 

6 (V) supplementing (and not sup7 planting) the number of plug-in elec8 tric drive vehicles that are purchased 

9 by State, local, and tribal govern10 ments; and 

11 (VI) any other activities, as de12 termined to be necessary by the Sec13 retary. 

14 (D) CRITERIA.—The Secretary shall de15 velop and publish criteria for the selection of 

16 technical assistance grants, including require17 ments for the submission of applications under 

18 this paragraph. 

19 (E) AUTHORIZATION OF APPROPRIA20 TIONS.—There are authorized to be appro21 priated such sums as are necessary to carry out 

22 this paragraph. 

23 (b) UPDATING MODEL BUILDING CODES, PERMIT24 TING AND INSPECTION PROCESSES, AND ZONING OR

25 PARKING RULES.— 


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

2 the date of enactment of this Act, the Secretary, in 

3 consultation with the American Society of Heating, 

4 Refrigerating and Air-Conditioning Engineers, the 

5 International Code Council, and any other organiza6 tions that the Secretary determines to be appro7 priate, shall develop and publish guidance for— 

8 (A) model building codes for the inclusion 

9 of separate circuits for charging infrastructure, 

10 as appropriate, in new construction and major 

11 renovations of private residences, buildings, or 

12 other structures that could provide publicly 

13 available charging infrastructure; 

14 (B) model construction permitting or in15 spection processes that allow for the expedited 

16 installation of charging infrastructure for pur17 chasers of plug-in electric drive vehicles (includ18 ing a permitting process that allows a vehicle 

19 purchaser to have charging infrastructure in20 stalled not later than 1 week after a request); 

21 and 

22 (C) model zoning, parking rules, or other 

23 local ordinances that— 

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1 cluding commercial entities that provide 

2 public access to infrastructure; and 

3 (ii) allow for access to publicly avail4 able charging infrastructure. 

5 (2) OPTIONAL ADOPTION.—An applicant for se6 lection for technical assistance under this section or 

7 as a deployment community under section 106 shall 

8 not be required to use the model building codes, per9 mitting and inspection processes, or zoning, parking 

10 rules, or other ordinances included in the report 

11 under paragraph (1). 

12 (3) SMART GRID INTEGRATION.—In developing 

13 the model codes or ordinances described in para14 graph (1), the Secretary shall consider smart grid 

15 integration. 

16 SEC. 104. WORKFORCE TRAINING. 

17 (a) MAINTENANCE AND SUPPORT.— 

18 (1) IN GENERAL.—The Secretary, in consulta19 tion with the Committee and the Task Force, shall 

20 award grants to institutions of higher education and 

21 other qualified training and education institutions 

22 for the establishment of programs to provide train23 ing and education for vocational workforce develop24 ment through centers of excellence. 


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1 (2) PURPOSE.—Training funded under this 

2 subsection shall be intended to ensure that the work3 force has the necessary skills needed to work on and 

4 maintain, and provide emergency assistance relating 

5 to, plug-in electric drive vehicles and the infrastruc6 ture required to support plug-in electric drive vehi7 cles. 

8 (3) SCOPE.—Training funded under this sub9 section shall include training for— 

10 (A) first responders; 

11 (B) electricians and contractors who will 

12 be installing infrastructure; 

13 (C) engineers; 

14 (D) code inspection officials; and 

15 (E) dealers and mechanics. 

16 (b) DESIGN.—The Secretary shall award grants to 

17 institutions of higher education and other qualified train18 ing and education institutions for the establishment of 

19 programs to provide training and education in designing 

20 plug-in electric drive vehicles and associated components 

21 and infrastructure to ensure that the United States can 

22 lead the world in this field. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $150,000,000 to carry out 

25 this section. 


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1 SEC. 105. FEDERAL FLEETS. 

2 (a) IN GENERAL.—Electricity consumed by Federal 

3 agencies to fuel plug-in electric drive vehicles— 

4 (1) is an alternative fuel (as defined in section 

5 301 of the Energy Policy Act of 1992 (42 U.S.C. 

6 13218)); and 

7 (2) shall be accounted for under Federal fleet 

8 management reporting requirements, not under Fed9 eral building management reporting requirements. 

10 (b) ASSESSMENT AND REPORT.—Not later than 180 

11 days after the date of enactment of this Act and every 

12 3 years thereafter, the Federal Energy Management Pro13 gram of the Department of Energy and the General Serv14 ices Administration, in consultation with the Task Force, 

15 shall complete an assessment of Federal Government 

16 fleets, including the Postal Service and the Department 

17 of Defense, and submit a report to Congress that de18 scribes— 

19 (1) for each Federal agency, which types of ve20 hicles the agency uses that would or would not be 

21 suitable for near-term and medium-term conversion 

22 to plug-in electric drive vehicles, taking into account 

23 the types of vehicles for which plug-in electric drive 

24 vehicles could provide comparable functionality and 

25 lifecycle costs; 


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1 (2) how many plug-in electric drive vehicles 

2 could be deployed by the Federal Government in 5 

3 years and in 10 years, assuming that plug-in electric 

4 drive vehicles are available and are purchased when 

5 new vehicles are needed or existing vehicles are re6 placed; 

7 (3) the estimated cost to the Federal Govern8 ment for vehicle purchases under paragraph (2); and 

9 (4) a description of any updates to the assess10 ment based on new market data. 

11 (c) INVENTORY AND DATA COLLECTION.— 

12 (1) IN GENERAL.—In carrying out the assess13 ment and report under subsection (b), the Federal 

14 Energy Management Program, in consultation with 

15 the General Services Administration, shall— 

16 (A) develop an information request for 

17 each agency that operates a fleet of at least 20 

18 motor vehicles; and 

19 (B) establish guidelines for each agency to 

20 use in developing a plan to deploy plug-in elec21 tric drive vehicles. 

22 (2) AGENCY RESPONSES.—Each agency that 

23 operates a fleet of at least 20 motor vehicles shall— 


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1 (A) collect information on the vehicle fleet 

2 of the agency in response to the information re3 quest described in paragraph (1); and 

4 (B) develop a plan to deploy plug-in elec5 tric drive vehicles. 

6 (3) ANALYSIS OF RESPONSES.—The Federal 

7 Energy Management Program shall— 

8 (A) analyze the information submitted by 

9 each agency under paragraph (2); 

10 (B) approve or suggest amendments to the 

11 plan of each agency to ensure that the plan is 

12 consistent with the goals and requirements of 

13 this Act; and 

14 (C) submit a plan to Congress and the 

15 General Services Administration to be used in 

16 developing the pilot program described in sub17 section (e). 

18 (d) BUDGET REQUEST.—Each agency of the Federal 

19 Government shall include plug-in electric drive vehicle pur20 chases identified in the report under subsection (b) in the 

21 budget of the agency to be included in the budget of the 

22 United States Government submitted by the President 

23 under section 1105 of title 31, United States Code. 

24 (e) PILOT PROGRAM TO DEPLOY PLUG-IN ELECTRIC

25 DRIVE VEHICLES IN THE FEDERAL FLEET.— 


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1 (1) IN GENERAL.—The Administrator of Gen2 eral Services shall acquire plug-in electric drive vehi3 cles and the requisite charging infrastructure to be 

4 deployed in a range of locations in Federal Govern5 ment fleets, which may include the United States 

6 Postal Service and the Department of Defense, dur7 ing the 5-year period beginning on the date of enact8 ment of this Act. 

9 (2) DATA COLLECTION.—The Administrator of 

10 General Services shall collect data regarding— 

11 (A) the cost, performance, and use of plug12 in electric drive vehicles in the Federal fleet; 

13 (B) the deployment and integration of 

14 plug-in electric drive vehicles in the Federal 

15 fleet; and 

16 (C) the contribution of plug-in electric 

17 drive vehicles in the Federal fleet toward reduc18 ing the use of fossil fuels and greenhouse gas 

19 emissions. 

20 (3) REPORT.—Not later than 6 years after the 

21 date of enactment of this Act, the Administrator of 

22 General Services shall submit to the appropriate 

23 committees of Congress a report that— 

24 (A) describes the status of plug-in electric 

25 drive vehicles in the Federal fleet; and 


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1 (B) includes an analysis of the data col2 lected under this subsection. 

3 (4) PUBLIC WEB SITE.—The Federal Energy 

4 Management Program shall maintain and regularly 

5 update a publicly available Web site that provides in6 formation on the status of plug-in electric drive vehi7 cles in the Federal fleet. 

8 (f) ACQUISITION PRIORITY.—Section 507(g) of the 

9 Energy Policy Act of 1992 (42 U.S.C. 13257(g)) is 

10 amended by adding at the end the following: 

11 ‘‘(5) PRIORITY.—The Secretary shall, to the 

12 maximum extent practicable, prioritize the acquisi13 tion of plug-in electric drive vehicles (as defined in 

14 section 131(a) of the Energy Independence and Se15 curity Act of 2007 (42 U.S.C. 17011(a)) over non16 electric alternative fueled vehicles.’’. 

17 (g) MAXIMUM PURCHASE PRICE OF MOTOR VEHI18 CLE.—Section 702 of the Consolidated Appropriations 

19 Act, 2010 (31 U.S.C. 1343 note; Public Law 111–117) 

20 is amended— 

21 (1) by striking ‘‘section 16 of the Act of August 

22 2, 1946 (60 Stat. 810),’’ and inserting ‘‘section 

23 1343(c) of title 31, United States Code,’’; and 

24 (2) by inserting before the period at the end the 

25 following: ‘‘: Provided further, That the limits set 


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1 forth in this section shall not apply to any vehicle 

2 that is a commercial vehicle and that operates using 

3 an emerging motor vehicle technology, including 

4 plug-in hybrid electric and hydrogen fuel cell vehi5 cles’’. 

6 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated for the Federal Government 

8 to pay for incremental costs to purchase or lease plug9 in electric drive vehicles and the requisite charging infra10 structure for Federal fleets $25,000,000. 

11 SEC. 106. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE 

12 DEPLOYMENT COMMUNITIES PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established within 

15 the national plug-in electric drive deployment pro16 gram established under section 101 a targeted plug17 in electric drive vehicle deployment communities pro18 gram (referred to in this section as the ‘‘Program’’). 

19 (2) EXISTING ACTIVITIES.—In carrying out the 

20 Program, the Secretary shall coordinate and supple21 ment, not supplant, any ongoing plug-in electric 

22 drive deployment activities under section 131 of the 

23 Energy Independence and Security Act of 2007 (42 

24 U.S.C. 17011). 

25 (3) DEPLOYMENT.— 


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1 (A) IN GENERAL.—The Secretary shall es2 tablish a competitive process to select deploy3 ment communities for the Program. 

4 (B) ELIGIBLE ENTITIES.—In selecting 

5 participants for the Program under paragraph 

6 (1), the Secretary shall only consider applica7 tions submitted by State, tribal, or local govern8 ment entities (or groups of State, tribal, or 

9 local government entities). 

10 (C) SELECTION.—Not later than 1 year 

11 after the date of enactment of this Act and not 

12 later than 1 year after the date on which any 

13 subsequent amounts are appropriated for the 

14 Program, the Secretary shall select the deploy15 ment communities under this paragraph. 

16 (D) TERMINATION.—The Program shall be 

17 carried out for a 3-year period beginning on the 

18 date funding under this Act is first provided to 

19 the deployment community. 

20 (b) GOALS.—The goals of the Program are— 

21 (1) to facilitate the rapid deployment of plug22 in electric drive vehicles, including— 

23 (A) the deployment of 400,000 plug-in 

24 electric drive vehicles in the deployment commu25 nities selected under paragraph (2); 


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1 (B) the near-term achievement of signifi2 cant market penetration in deployment commu3 nities; and 

4 (C) supporting the achievement of signifi5 cant market penetration nationally; 

6 (2) to establish models for the rapid deployment 

7 of plug-in electric drive vehicles nationally, including 

8 for the deployment of single-family and multifamily 

9 residential, workplace, and publicly available charg10 ing infrastructure; 

11 (3) to increase consumer knowledge and accept12 ance of, and exposure to, plug-in electric drive vehi13 cles; 

14 (4) to encourage the innovation and investment 

15 necessary to achieve mass market deployment of 

16 plug-in electric drive vehicles; 

17 (5) to demonstrate the integration of plug-in 

18 electric drive vehicles into electricity distribution sys19 tems and the larger electric grid while maintaining 

20 or improving grid system performance, security, and 

21 reliability; 

22 (6) to demonstrate protocols and communica23 tion standards that facilitate vehicle integration into 

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1 sumers traveling through multiple utility distribution 

2 systems; 

3 (7) to investigate differences among deployment 

4 communities and to develop best practices for imple5 menting vehicle electrification in various commu6 nities, including best practices for planning for and 

7 facilitating the construction of residential, work8 place, and publicly available infrastructure to sup9 port plug-in electric drive vehicles; 

10 (8) to collect comprehensive data on the pur11 chase and use of plug-in electric drive vehicles, in12 cluding charging profile data at unit and aggregate 

13 levels, to inform best practices for rapidly deploying 

14 plug-in electric drive vehicles in other locations, in15 cluding for the installation of charging infrastruc16 ture; 

17 (9) to reduce and displace petroleum use and 

18 reduce greenhouse gas emissions by accelerating the 

19 deployment of plug-in electric drive vehicles in the 

20 United States; and 

21 (10) to increase domestic manufacturing capac22 ity and commercialization in a manner that will es23 tablish the United States as a world leader in plug24 in electric drive vehicle technologies. 


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1 (c) DEPLOYMENT COMMUNITY SELECTION CRI2 TERIA.— 

3 (1) IN GENERAL.—The Secretary shall ensure, 

4 to the maximum extent practicable, that selected de5 ployment communities serve as models of deploy6 ment for various communities across the United 

7 States. 

8 (2) SELECTION.—In selecting communities 

9 under this section, the Secretary— 

10 (A) shall ensure, to the maximum extent 

11 practicable, that— 

12 (i) the combination of selected com13 munities is diverse in population, popu14 lation density, demographics, urban and 

15 suburban composition, typical commuting 

16 patterns, climate, and type of utility (in17 cluding investor-owned, publicly owned, co18 operatively owned, distribution-only, and 

19 vertically integrated utilities); 

20 (ii) the combination of selected com21 munities is diverse in geographic distribu22 tion, and at least 1 deployment community 

23 is located in each Petroleum Administra24 tion for Defense District; 


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1 (iii) at least 1 community selected has 

2 a population of less than 500,000; 

3 (iv) grants are of a sufficient amount 

4 such that each deployment community will 

5 achieve significant market penetration, 

6 particularly into the mainstream consumer 

7 market; and 

8 (v) the deployment communities are 

9 representative of other communities across 

10 the United States; 

11 (B) is encouraged to select a combination 

12 of deployment communities that includes mul13 tiple models or approaches for deploying plug14 in electric drive vehicles that the Secretary be15 lieves are reasonably likely to be effective, in16 cluding multiple approaches to the deployment 

17 of charging infrastructure; 

18 (C) in addition to the criteria described in 

19 subparagraph (A), may give preference to appli20 cants proposing a greater non-Federal cost 

21 share; and 

22 (D) when considering deployment commu23 nity plans, shall take into account previous De24 partment of Energy and other Federal investVerDate Mar 15 2010 04:07 May 17, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S948.IS S948

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1 ments to ensure that the maximum domestic 

2 benefit from Federal investments is realized. 

3 (3) CRITERIA.— 

4 (A) IN GENERAL.—Not later than 120 

5 days after the date of enactment of this Act, 

6 and not later than 90 days after the date on 

7 which any subsequent amounts are appro8 priated for the Program, the Secretary shall 

9 publish criteria for the selection of deployment 

10 communities that include requirements that ap11 plications be submitted by a State, tribal, or 

12 local government entity (or groups of State, 

13 tribal, or local government entities). 

14 (B) APPLICATION REQUIREMENTS.—The 

15 criteria published by the Secretary under sub16 paragraph (A) shall include application require17 ments that, at a minimum, include— 

18 (i) achievable goals and methodologies 

19 for— 

20 (I) the number of plug-in electric 

21 drive vehicles to be deployed in the 

22 community; 

23 (II) the expected percentage of 

24 light-duty vehicle sales that would be 

25 sales of plug-in electric drive vehicles; 


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1 (III) the adoption of plug-in elec2 tric drive vehicles (including medium3 or heavy-duty vehicles) in private and 

4 public fleets during the 3-year dura5 tion of the Program; and 

6 (IV) a method to generate rev7 enue to maintain the infrastructure 

8 investments made by the Program 

9 after the termination of the Program; 

10 (ii) data that demonstrate that— 

11 (I) the public is likely to embrace 

12 plug-in electric drive vehicles, which 

13 may include— 

14 (aa) the quantity of plug-in 

15 electric drive vehicles purchased; 

16 (bb) the number of individ17 uals on a waiting list to purchase 

18 a plug-in electric drive vehicle; 

19 (cc) projections of the quan20 tity of plug-in electric drive vehi21 cles supplied to dealers; and 

22 (dd) any assessment of the 

23 quantity of charging infrastruc24 ture installed or for which per25 mits have been issued; and 


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1 (II) automobile manufacturers 

2 and dealers will be able to provide and 

3 service the targeted number of plug-in 

4 electric drive vehicles in the commu5 nity for the duration of the program; 

6 (iii) clearly defined geographic bound7 aries of the proposed deployment area; 

8 (iv) a community deployment plan for 

9 the deployment of plug-in electric drive ve10 hicles, charging infrastructure, and serv11 ices in the deployment community; 

12 (v) assurances that a majority of the 

13 vehicle deployments anticipated in the plan 

14 will be personal vehicles authorized to trav15 el on the United States Federal-aid system 

16 of highways, and secondarily, private or 

17 public sector plug-in electric drive fleet ve18 hicles, but may also include— 

19 (I) private or public sector plug20 in electric drive fleet vehicles; 

21 (II) medium- and heavy-duty 

22 plug-in hybrid vehicles; and 

23 (III) any other plug-in electric 

24 drive vehicle authorized to travel on 


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1 the United States Federal-aid system 

2 of highways; and 

3 (vi) any other merit-based criteria, as 

4 determined by the Secretary. 

5 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

6 for the deployment of plug-in electric drive vehicles 

7 shall include— 

8 (A) a proposed level of cost sharing in ac9 cordance with subsection (d)(2)(C); 

10 (B) documentation demonstrating a sub11 stantial partnership with relevant stakeholders, 

12 including— 

13 (i) a list of stakeholders that in14 cludes— 

15 (I) elected and appointed officials 

16 from each of the participating State, 

17 local, and tribal governments; 

18 (II) all relevant generators and 

19 distributors of electricity; 

20 (III) State utility regulatory au21 thorities; 

22 (IV) departments of public works 

23 and transportation; 

24 (V) owners and operators of 

25 property that will be essential to the 


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1 deployment of a sufficient level of 

2 publicly available charging infrastruc3 ture (including privately owned park4 ing lots or structures and commercial 

5 entities with public access locations); 

6 (VI) plug-in electric drive vehicle 

7 manufacturers or retailers; 

8 (VII) third-party providers of 

9 residential, workplace, private, and 

10 publicly available charging infrastruc11 ture or services; 

12 (VIII) owners of any major fleet 

13 that will participate in the program; 

14 (IX) as appropriate, owners and 

15 operators of regional electric power 

16 distribution and transmission facili17 ties; and 

18 (X) as appropriate, other existing 

19 community coalitions recognized by 

20 the Department of Energy; 

21 (ii) evidence of the commitment of the 

22 stakeholders to participate in the partner23 ship; 

24 (iii) a clear description of the role and 

25 responsibilities of each stakeholder; and 


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1 (iv) a plan for continuing the engage2 ment and participation of the stakeholders, 

3 as appropriate, throughout the implemen4 tation of the deployment plan; 

5 (C) a description of the number of plug-in 

6 electric drive vehicles anticipated to be plug-in 

7 electric drive personal vehicles and the number 

8 of plug-in electric drive vehicles anticipated to 

9 be privately owned fleet or public fleet vehicles; 

10 (D) a plan for deploying residential, work11 place, private, and publicly available charging 

12 infrastructure, including— 

13 (i) an assessment of the number of 

14 consumers who will have access to private 

15 residential charging infrastructure in sin16 gle-family or multifamily residences; 

17 (ii) options for accommodating plug-in 

18 electric drive vehicle owners who are not 

19 able to charge vehicles at their place of 

20 residence; 

21 (iii) an assessment of the number of 

22 consumers who will have access to work23 place charging infrastructure; 

24 (iv) a plan for ensuring that the 

25 charging infrastructure or plug-in electric 


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1 drive vehicle be able to send and receive 

2 the information needed to interact with the 

3 grid and be compatible with smart grid 

4 technologies to the extent feasible; 

5 (v) an estimate of the number and 

6 distribution of publicly and privately owned 

7 charging stations that will be publicly or 

8 commercially available; 

9 (vi) an estimate of the quantity of 

10 charging infrastructure that will be pri11 vately funded or located on private prop12 erty; and 

13 (vii) a description of equipment to be 

14 deployed, including assurances that, to the 

15 maximum extent practicable, equipment to 

16 be deployed will meet open, nonproprietary 

17 standards for connecting to plug-in electric 

18 drive vehicles that are either— 

19 (I) commonly accepted by indus20 try at the time the equipment is being 

21 acquired; or 

22 (II) meet the standards developed 

23 by the Director of the National Insti24 tute of Standards and Technology 

25 under section 1305 of the Energy 


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1 Independence and Security Act of 

2 2007 (42 U.S.C. 17385); 

3 (E) a plan for effective marketing of and 

4 consumer education relating to plug-in electric 

5 drive vehicles, charging services, and infrastruc6 ture; 

7 (F) descriptions of updated building codes 

8 (or a plan to update building codes before or 

9 during the grant period) to include charging in10 frastructure or dedicated circuits for charging 

11 infrastructure, as appropriate, in new construc12 tion and major renovations; 

13 (G) descriptions of updated construction 

14 permitting or inspection processes (or a plan to 

15 update construction permitting or inspection 

16 processes) to allow for expedited installation of 

17 charging infrastructure for purchasers of plug18 in electric drive vehicles, including a permitting 

19 process that allows a vehicle purchaser to have 

20 charging infrastructure installed in a timely 

21 manner; 

22 (H) descriptions of updated zoning, park23 ing rules, or other local ordinances as are nec24 essary to facilitate the installation of publicly 

25 available charging infrastructure and to allow 


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1 for access to publicly available charging infra2 structure, as appropriate; 

3 (I) descriptions of incentives for residents 

4 in a deployment community who purchase and 

5 register a new plug-in electric drive vehicle, in 

6 addition to any Federal incentives, including— 

7 (i) a rebate of part of the purchase 

8 price of the vehicle; 

9 (ii) reductions in sales taxes or reg10 istration fees; 

11 (iii) rebates or reductions in the costs 

12 of permitting, purchasing, or installing 

13 home plug-in electric drive vehicle charging 

14 infrastructure; and 

15 (iv) rebates or reductions in State or 

16 local toll road access charges; 

17 (J) additional consumer benefits, such as 

18 preferred parking spaces or single-rider access 

19 to high-occupancy vehicle lanes for plug-in elec20 tric drive vehicles; 

21 (K) a proposed plan for making necessary 

22 utility and grid upgrades, including economi23 cally sound and cybersecure information tech24 nology upgrades and employee training, and a 

25 plan for recovering the cost of the upgrades; 


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1 (L) a description of utility, grid operator, 

2 or third-party charging service provider, policies 

3 and plans for accommodating the deployment of 

4 plug-in electric drive vehicles, including— 

5 (i) rate structures or provisions and 

6 billing protocols for the charging of plug7 in electric drive vehicles; 

8 (ii) analysis of potential impacts to 

9 the grid; 

10 (iii) plans for using information tech11 nology or third-party aggregators— 

12 (I) to minimize the effects of 

13 charging on peak loads; 

14 (II) to enhance reliability; and 

15 (III) to provide other grid bene16 fits; 

17 (iv) plans for working with smart grid 

18 technologies or third-party aggregators for 

19 the purposes of smart charging and for al20 lowing 2-way communication; 

21 (M) a deployment timeline; 

22 (N) a plan for monitoring and evaluating 

23 the implementation of the plan, including 

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1 ment and an approach to updating the plan, as 

2 appropriate; and 

3 (O) a description of the manner in which 

4 any grant funds applied for under subsection 

5 (d) will be used and the proposed local cost 

6 share for the funds. 

7 (d) APPLICATIONS AND GRANTS.— 

8 (1) APPLICATIONS.— 

9 (A) IN GENERAL.—Not later than 150 

10 days after the date of publication by the Sec11 retary of selection criteria described in sub12 section (c)(3), any State, tribal, or local govern13 ment, or group of State, tribal, or local govern14 ments may apply to the Secretary to become a 

15 deployment community. 

16 (B) JOINT SPONSORSHIP.— 

17 (i) IN GENERAL.—An application sub18 mitted under subparagraph (A) may be 

19 jointly sponsored by electric utilities, auto20 mobile manufacturers, technology pro21 viders, carsharing companies or organiza22 tions, third-party plug-in electric drive ve23 hicle service providers, or other appro24 priated entities. 


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1 (ii) DISBURSEMENT OF GRANTS.—A 

2 grant provided under this subsection shall 

3 only be disbursed to a State, tribal, or 

4 local government, or group of State, tribal, 

5 or local governments, regardless of whether 

6 the application is jointly sponsored under 

7 clause (i). 

8 (2) GRANTS.— 

9 (A) IN GENERAL.—In each application, the 

10 applicant may request up to $250,000,000 in fi11 nancial assistance from the Secretary to fund 

12 projects in the deployment community. 

13 (B) USE OF FUNDS.—Funds provided 

14 through a grant under this paragraph may be 

15 used to help implement the plan for the deploy16 ment of plug-in electric drive vehicles included 

17 in the application, including— 

18 (i) reducing the cost and increasing 

19 the consumer adoption of plug-in electric 

20 drive vehicles through incentives as de21 scribed in subsection (c)(4)(I); 

22 (ii) planning for and installing charg23 ing infrastructure, including offering addi24 tional incentives as described in subsection 

25 (c)(4)(I); 


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1 (iii) updating building codes, zoning 

2 or parking rules, or permitting or inspec3 tion processes as described in subpara4 graphs (F), (G), and (H) of subsection 

5 (c)(4); 

6 (iv) workforce training, including 

7 training of permitting officials; 

8 (v) public education and marketing 

9 described in the proposed marketing plan; 

10 (vi) supplementing (and not sup11 planting) the number of plug-in electric 

12 drive vehicles that are purchased by State, 

13 local, and tribal governments; and 

14 (vii) necessary utility and grid up15 grades as described in subsection 

16 (c)(4)(K). 

17 (C) COST-SHARING.— 

18 (i) IN GENERAL.—A grant provided 

19 under this paragraph shall be subject to a 

20 minimum non-Federal cost-sharing re21 quirement of 80 percent. 

22 (ii) NON-FEDERAL SOURCES.—The 

23 Secretary shall— 


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1 (I) determine the appropriate 

2 cost share for each selected applicant; 

3 and 

4 (II) require that not less than 80 

5 percent of the cost of an activity fund6 ed by a grant under this paragraph be 

7 provided by a non-Federal source. 

8 (iii) REDUCTION.—The Secretary may 

9 reduce or eliminate the cost-sharing re10 quirement described in clause (i), as the 

11 Secretary determines to be necessary. 

12 (iv) CALCULATION OF AMOUNT.—In 

13 calculating the amount of the non-Federal 

14 share under this section, the Secretary— 

15 (I) may include allowable costs in 

16 accordance with the applicable cost 

17 principles, including— 

18 (aa) cash; 

19 (bb) personnel costs; 

20 (cc) the value of a service, 

21 other resource, or third party in22 kind contribution determined in 

23 accordance with the applicable 

24 circular of the Office of Manage25 ment and Budget; 


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1 (dd) indirect costs or facili2 ties and administrative costs; or 

3 (ee) any funds received 

4 under the power program of the 

5 Tennessee Valley Authority or 

6 any Power Marketing Adminis7 tration (except to the extent that 

8 such funds are made available 

9 under an annual appropriation 

10 Act); 

11 (II) shall include contributions 

12 made by State, tribal, or local govern13 ment entities and private entities; and 

14 (III) shall not include— 

15 (aa) revenues or royalties 

16 from the prospective operation of 

17 an activity beyond the time con18 sidered in the grant; 

19 (bb) proceeds from the pro20 spective sale of an asset of an ac21 tivity; or 

22 (cc) other appropriated Fed23 eral funds. 

24 (v) REPAYMENT OF FEDERAL

25 SHARE.—The Secretary shall not require 


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1 repayment of the Federal share of a cost2 shared activity under this section as a con3 dition of providing a grant. 

4 (vi) TITLE TO PROPERTY.—The Sec5 retary may vest title or other property in6 terests acquired under projects funded 

7 under this Act in any entity, including the 

8 United States. 

9 (D) OTHER FEDERAL ASSISTANCE.—The 

10 Secretary shall consider the receipt of other 

11 Federal funds received by the applicant in de12 termining the cost share of the applicant. 

13 (3) SELECTION.—Not later than 120 days after 

14 an application deadline has been established under 

15 paragraph (1), the Secretary shall announce the 

16 names of the deployment communities selected under 

17 this subsection. 

18 (e) REPORTING REQUIREMENTS.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Committee, shall— 

21 (A) determine what data will be required 

22 to be collected by participants in deployment 

23 communities and submitted to the Department 

24 to allow for analysis of the deployment commu25 nities; 


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1 (B) provide for the protection of consumer 

2 privacy, as appropriate; and 

3 (C) develop metrics to evaluate the per4 formance of the deployment communities. 

5 (2) PROVISION OF DATA.—As a condition of 

6 participation in the Program, a deployment commu7 nity shall provide any data identified by the Sec8 retary under paragraph (1). 

9 (3) REPORTS.— 

10 (A) INTERIM REPORT.—Not later than 3 

11 years after the date of enactment of this Act, 

12 the Secretary shall submit to Congress an in13 terim report that contains— 

14 (i) a description of the status of— 

15 (I) the deployment communities 

16 and the implementation of the deploy17 ment plan of each deployment commu18 nity; 

19 (II) the rate of vehicle manufac20 turing deployment and market pene21 tration of plug-in electric drive vehi22 cles; and 

23 (III) the deployment of residen24 tial and publicly available infrastruc25 ture; 


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1 (ii) a description of the challenges ex2 perienced and lessons learned from the 

3 program to date, including the activities 

4 described in clause (i); and 

5 (iii) an analysis of the data collected 

6 under this subsection. 

7 (B) FINAL REPORT.—On completion of the 

8 Program, the Secretary shall submit to Con9 gress a final report that contains— 

10 (i) updates on the information de11 scribed in subparagraph (A); 

12 (ii) a description of the successes and 

13 failures of the Program; 

14 (iii) recommendations on whether to 

15 promote further deployment of electric ve16 hicles; and 

17 (iv) if additional deployment commu18 nities are recommended, information on— 

19 (I) the number of additional de20 ployment communities that should be 

21 selected; 

22 (II) the manner in which criteria 

23 for selection should be updated; 


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1 (III) the manner in which incen2 tive structures for deployment should 

3 be changed; and 

4 (IV) whether other forms of on5 board energy storage for electric drive 

6 vehicles should be included. 

7 (f) PROPRIETARY INFORMATION.—The Secretary 

8 shall, as appropriate, provide for the protection of propri9 etary information and intellectual property rights. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $2,000,000,000. 

13 (h) CONFORMING AMENDMENT.—Section 166(b)(5) 

14 of title 23, United States Code, is amended— 

15 (1) in subparagraph (A), by striking ‘‘Before 

16 September 30, 2009, the State’’ and inserting ‘‘The 

17 State’’; and 

18 (2) in subparagraph (B), by striking ‘‘Before 

19 September 30, 2009, the State’’ and inserting ‘‘The 

20 State’’. 

21 SEC. 107. PLUG-IN ELECTRIC DRIVE VEHICLE PRIVATE 

22 FLEET UPGRADE PROGRAM. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—There is established within 

25 the national plug-in electric drive deployment proVerDate Mar 15 2010 04:07 May 17, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S948.IS S948

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1 gram established under section 101 a plug-in electric 

2 drive vehicle private fleet upgrade program (referred 

3 to in this section as the ‘‘Program’’). 

4 (b) COMPETITIVE GRANTS.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 a competitive process to select electric drive vehicle 

7 fleets for the Program to receive grants. 

8 (2) ELIGIBLE ENTITIES.—In selecting partici9 pants for the Program under paragraph (1), the 

10 Secretary shall only consider applications (including 

11 joint applications) submitted by companies that— 

12 (A) are private, nongovernmental entities; 

13 (B) are headquartered in the United 

14 States; and 

15 (C) plan to purchase, or enter into con16 tracts for hire, not less than 100 plug-in elec17 tric drive vehicles. 

18 (3) SELECTION CRITERIA.—Not later than 120 

19 days after the date of enactment of this Act, the 

20 Secretary shall publish a set of selection criteria for 

21 the grants competition that shall include— 

22 (A) offering the highest cost-share relative 

23 to the value of the Federal grant offered under 

24 the Program; 


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1 (B) to the maximum extent practicable, 

2 serving as models of deployment for other pri3 vate companies across the United States; and 

4 (C) meeting other criteria considered ap5 propriate by the Secretary. 

6 (4) APPLICATIONS AND GRANTS.— 

7 (A) IN GENERAL.—Not later than 120 

8 days after the date of publication by the Sec9 retary of the selection criteria described in 

10 paragraph (3), any company that meets the eli11 gibility criteria described in paragraph (2) may 

12 apply to the Secretary to receive a grant. 

13 (B) GRANTS.— 

14 (i) IN GENERAL.—In each application, 

15 the applicant may apply for grants of not 

16 more than $20,000,000. 

17 (ii) USE OF FUNDS.—Funds provided 

18 through a grant under this subsection may 

19 be used— 

20 (I) to purchase plug-in electric 

21 drive vehicles; 

22 (II) to plan for and install charg23 ing infrastructure; and 


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1 (III) to carry out other activities 

2 considered appropriate by the Sec3 retary. 

4 (iii) COST-SHARING.— 

5 (I) IN GENERAL.—A grant pro6 vided under this subsection shall be 

7 subject to a minimum non-Federal 

8 cost-sharing requirement of 80 per9 cent. 

10 (II) NON-FEDERAL SOURCES.— 

11 The Secretary shall— 

12 (aa) determine the appro13 priate cost share for each se14 lected applicant; and 

15 (bb) subject to subclause 

16 (III), require that not less than 

17 80 percent of the cost of an ac18 tivity funded by a grant under 

19 this subsection be provided from 

20 a non-Federal source. 

21 (III) REDUCTION.—The Sec22 retary may reduce or eliminate the 

23 cost-sharing requirement described in 

24 subclause (I), as the Secretary deter25 mines to be necessary. 


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1 (IV) REPAYMENT OF FEDERAL

2 SHARE.—The Secretary shall not re3 quire repayment of the Federal share 

4 of a cost-shared activity under this 

5 section as a condition of providing a 

6 grant. 

7 (V) TITLE TO PROPERTY.—The 

8 receipt of Federal funds under this 

9 section shall not prohibit the pur10 chaser of a vehicle, equipment, or 

11 other property from retaining sole, 

12 permanent title to the vehicle, equip13 ment, or property at the conclusion of 

14 the Program. 

15 (iv) OTHER FEDERAL ASSISTANCE.— 

16 The Secretary shall consider the receipt of 

17 other Federal funds by the applicant in de18 termining the cost share of the applicant. 

19 (C) SELECTION.—Not later than 120 days 

20 after the application deadline established under 

21 subparagraph (A), the Secretary shall announce 

22 the names of the applicants selected to receive 

23 grants under this section. 

24 (5) REPORTING REQUIREMENTS.— 

25 (A) IN GENERAL.—The Secretary shall— 


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1 (i) determine what data will be re2 quired to be collected by participants in 

3 the Program and submitted to the Sec4 retary to permit analysis of the Program; 

5 and 

6 (ii) develop metrics to determine the 

7 success of the deployment communities. 

8 (B) PROVISION OF DATA.—As a condition 

9 of participation in the Program, an applicant 

10 shall provide any data determined by the Sec11 retary under subparagraph (A). 

12 (C) PROPRIETARY INFORMATION.—In car13 rying out this paragraph, the Secretary shall, as 

14 appropriate, provide for the protection of pro15 prietary information and intellectual property 

16 rights. 

17 (c) LOAN GUARANTEES.—Section 1703(b) of the En18 ergy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended 

19 by adding at the end the following: 

20 ‘‘(11) Plug-in electric drive vehicle fleets.’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $300,000,000. 


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1 TITLE II—RESEARCH AND 

2 DEVELOPMENT 

3 SEC. 201. RESEARCH AND DEVELOPMENT PROGRAM. 

4 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

5 (1) IN GENERAL.—The Secretary, in consulta6 tion with the Committee, shall establish a program 

7 to fund research and development in advanced bat8 teries, plug-in electric drive vehicle components, 

9 plug-in electric drive infrastructure, and other tech10 nologies supporting the development, manufacture, 

11 and deployment of plug-in electric drive vehicles and 

12 charging infrastructure. 

13 (2) USE OF FUNDS.—The program may include 

14 funding for— 

15 (A) the development of low-cost, smart16 charging and vehicle-to-grid connectivity tech17 nology; 

18 (B) the benchmarking and assessment of 

19 open software systems using nationally estab20 lished evaluation criteria; and 

21 (C) new technologies in electricity storage 

22 or electric drive components for vehicles. 

23 (3) REPORT.—Not later than 4 years after the 

24 date of enactment of this Act, the Secretary shall 


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1 submit to Congress a report describing the status of 

2 the program described in paragraph (1). 

3 (4) SUPPLEMENTAL FUNDING.—Funds pro4 vided under this section shall supplement (and not 

5 supplant) funds made available for research and de6 velopment under the Vehicles Technology Program 

7 of the Department of Energy. 

8 (b) SECONDARY USE APPLICATIONS PROGRAM.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with the Committee, shall carry out a research, 

11 development, and demonstration program that builds 

12 upon any work carried out under section 915 of the 

13 Energy Policy Act of 2005 (42 U.S.C. 16195) and— 

14 (A) identifies possible uses of a vehicle bat15 tery after the useful life of the battery in a ve16 hicle has been exhausted; 

17 (B) assesses the potential for markets for 

18 uses described in subparagraph (A) to develop, 

19 as well as any barriers to the development of 

20 the markets; 

21 (C) identifies the infrastructure, tech22 nology, and equipment needed to manage the 

23 charging activity of the batteries used in sta24 tionary sources; and 


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1 (D) identifies the potential uses of a vehi2 cle battery— 

3 (i) with the most promise for market 

4 development; and 

5 (ii) for which market development 

6 would be aided by a demonstration project. 

7 (2) REPORT.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall 

9 submit to the appropriate committees of Congress 

10 an initial report on the findings of the program de11 scribed in paragraph (1), including recommendations 

12 for stationary energy storage and other potential ap13 plications for batteries used in plug-in electric drive 

14 vehicles. 

15 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

16 (1) IN GENERAL.—Based on the results of the 

17 program described in subsection (b), the Secretary, 

18 in consultation with the Committee, shall develop 

19 guidelines for projects that demonstrate the sec20 ondary uses of vehicle batteries. 

21 (2) PUBLICATION OF GUIDELINES.—Not later 

22 than 30 months after the date of enactment of this 

23 Act, the Secretary shall— 

24 (A) publish the guidelines described in 

25 paragraph (1); and 


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1 (B) solicit applications for funding for 

2 demonstration projects. 

3 (3) GRANT PROGRAM.—Not later than 38 

4 months after the date of enactment of this Act, the 

5 Secretary shall select proposals for grant funding 

6 under this section, based on an assessment of which 

7 proposals are mostly likely to contribute to the devel8 opment of a secondary market for batteries. 

9 (d) MATERIALS RECYCLING STUDY.— 

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Committee, shall carry out a study on 

12 the recycling of materials from plug-in electric drive 

13 vehicles and the batteries used in plug-in electric 

14 drive vehicles. 

15 (2) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretary shall 

17 submit to the appropriate committees of Congress a 

18 report on the findings of the study described in 

19 paragraph (1). 

20 (e) ARPA-E PLUG-IN ELECTRIC DRIVE VEHICLE

21 RESEARCH AND DEVELOPMENT PROGRAMS.—Funds 

22 made available under this section shall be used— 

23 (1) by the Advanced Research Projects Agen24 cy—Energy established by section 5012(b) of the 

25 America COMPETES Act (42 U.S.C. 16538(b)) 


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1 (referred to in this subsection as ‘‘ARPA-E’’) to 

2 fund high-risk, high-reward research and develop3 ment programs supporting the development, manu4 facture, and deployment of plug-in electric drive ve5 hicles and charging infrastructure, including ad6 vanced batteries, plug-in electric drive components, 

7 and plug-in electric drive infrastructure; and 

8 (2) to supplement (and not supplant) funds 

9 made available for ARPA-E. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $235,000,000, including— 

13 (1) $10,000,000 for use in conducting the pro14 gram described in subsection (a) for fiscal years 

15 2011 through 2016; 

16 (2) $5,000,000 for use in conducting the pro17 gram described in subsection (b) for fiscal years 

18 2011 through 2016; 

19 (3) $15,000,000 for use in providing grants de20 scribed in subsection (c) for fiscal years 2011 

21 through 2016; 

22 (4) $5,000,000 for use in conducting the study 

23 described in subsection (d) for fiscal years 2011 

24 through 2013; and 


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1 (5) $200,000,000 for use in conducting the pro2 gram described in subsection (e) for fiscal years 

3 2011 through 2020. 

4 SEC. 202. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, as part of the program de7 scribed in section 1008 of the Energy Policy Act of 2005 

8 (42 U.S.C. 16396), the Secretary shall establish the Ad9 vanced Batteries for Tomorrow Prize to competitively 

10 award cash prizes in accordance with this section to ad11 vance the research, development, demonstration, and com12 mercial application of a 500-mile vehicle battery. 

13 (b) BATTERY SPECIFICATIONS.— 

14 (1) IN GENERAL.—To be eligible for the Prize, 

15 a battery submitted by an entrant shall be— 

16 (A) able to power a plug-in electric drive 

17 vehicle authorized to travel on the United 

18 States Federal-aid system of highways for at 

19 least 500 miles before recharging; 

20 (B) of a size that would not be cost-prohib21 itive or create space constraints, if mass-pro22 duced; and 

23 (C) cost-effective (measured in cost per kil24 owatt hour), if mass-produced. 


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1 (2) ADDITIONAL REQUIREMENTS.—The Sec2 retary, in consultation with the Committee, shall es3 tablish any additional battery specifications that the 

4 Secretary and the Committee determine to be nec5 essary. 

6 (c) PRIVATE FUNDS.— 

7 (1) IN GENERAL.—Subject to paragraph (2) 

8 and notwithstanding section 3302 of title 31, United 

9 States Code, the Secretary may accept, retain, and 

10 use funds contributed by any person, government 

11 entity, or organization for purposes of carrying out 

12 this subsection— 

13 (A) without further appropriation; and 

14 (B) without fiscal year limitation. 

15 (2) RESTRICTION ON PARTICIPATION.—An enti16 ty providing private funds for the Prize may not 

17 participate in the competition for the Prize. 

18 (d) TECHNICAL REVIEW.—The Secretary, in con19 sultation with the Committee, shall establish a technical 

20 review committee composed of non-Federal officers to re21 view data submitted by Prize entrants under this section 

22 and determine whether the data meets the prize specifica23 tions described in subsection (b). 


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1 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

2 may select, on a competitive basis, a third party to admin3 ister awards provided under this section. 

4 (f) ELIGIBILITY.—To be eligible for an award under 

5 this section— 

6 (1) in the case of a private entity, the entity 

7 shall be incorporated in and maintain a primary 

8 place of business in the United States; and 

9 (2) in the case of an individual (whether par10 ticipating as a single individual or in a group), the 

11 individual shall be a citizen or lawful permanent 

12 resident of the United States. 

13 (g) AWARD AMOUNTS.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 funds to carry out this section, the amount of the 

16 Prize shall be $10,000,000. 

17 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

18 In addition to the award described in paragraph (1), 

19 the Secretary, in consultation with the technical re20 view committee established under subsection (d), 

21 may award cash prizes, in amounts determined by 

22 the Secretary, in recognition of breakthrough 

23 achievements in research, development, demonstra24 tion, and commercial application of— 


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1 (A) activities described in subsection (b); 

2 or 

3 (B) advances in battery durability, energy 

4 density, and power density. 

5 (h) 500-MILE BATTERY AWARD FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a fund to be 

8 known as the ‘‘500-mile Battery Fund’’ (referred to 

9 in this section as the ‘‘Fund’’), to be administered 

10 by the Secretary, to be available without fiscal year 

11 limitation and subject to appropriation, to award 

12 amounts under this section. 

13 (2) TRANSFERS TO FUND.—The Fund shall 

14 consist of— 

15 (A) such amounts as are appropriated to 

16 the Fund under subsection (i); and 

17 (B) such amounts as are described in sub18 section (c) and that are provided for the Fund. 

19 (3) PROHIBITION.—Amounts in the Fund may 

20 not be made available for any purpose other than a 

21 purposes described in subsection (a). 

22 (4) ANNUAL REPORTS.— 

23 (A) IN GENERAL.—Not later than 60 days 

24 after the end of each fiscal year beginning with 

25 fiscal year 2012, the Secretary shall submit a 


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1 report on the operation of the Fund during the 

2 fiscal year to— 

3 (i) the Committees on Appropriations 

4 of the House of Representatives and of the 

5 Senate; 

6 (ii) the Committee on Energy and 

7 Natural Resources of the Senate; and 

8 (iii) the Committee on Energy and 

9 Commerce of the House of Representa10 tives. 

11 (B) CONTENTS.—Each report shall in12 clude, for the fiscal year covered by the report, 

13 the following: 

14 (i) A statement of the amounts depos15 ited into the Fund. 

16 (ii) A description of the expenditures 

17 made from the Fund for the fiscal year, in18 cluding the purpose of the expenditures. 

19 (iii) Recommendations for additional 

20 authorities to fulfill the purpose of the 

21 Fund. 

22 (iv) A statement of the balance re23 maining in the Fund at the end of the fis24 cal year. 


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1 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

2 Section 1105(a) of title 31, United States Code, is 

3 amended— 

4 (A) by redesignating paragraphs (35) and 

5 (36) as paragraphs (36) and (37), respectively; 

6 (B) by redesignating the second paragraph 

7 (33) (relating to obligational authority and out8 lays requested for homeland security) as para9 graph (35); and 

10 (C) by adding at the end the following: 

11 ‘‘(38) a separate statement for the 500-mile 

12 Battery Fund established under section 8(h) of the 

13 ‘Promoting Electric Vehicles Act of 2011’, which 

14 shall include the estimated amount of deposits into 

15 the Fund, obligations, and outlays from the Fund.’’. 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated— 

18 (1) $10,000,000 to carry out subsection (g)(1); 

19 and 

20 (2) $1,000,000 to carry out subsection (g)(2). 

21 SEC. 203. STUDY ON THE SUPPLY OF RAW MATERIALS. 

22 (a) IN GENERAL.—The Secretary of the Interior, in 

23 consultation with the Secretary and the Task Force, shall 

24 conduct a study that— 


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1 (1) identifies the raw materials needed for the 

2 manufacture of plug-in electric drive vehicles, bat3 teries, and other components for plug-in electric 

4 drive vehicles, and for the infrastructure needed to 

5 support plug-in electric drive vehicles; 

6 (2) describes the primary or original sources 

7 and known reserves and resources of those raw ma8 terials; 

9 (3) assesses, in consultation with an inde10 pendent analysis entity designated by the Secretary, 

11 the degree of risk to the manufacture, maintenance, 

12 deployment, and use of plug-in electric drive vehicles 

13 associated with the supply of those raw materials; 

14 and 

15 (4) identifies pathways to securing reliable and 

16 resilient supplies of those raw materials. 

17 (b) REPORT.—Not later than 3 years after the date 

18 of enactment of this Act, the Secretary of the Interior 

19 shall submit to Congress a report that describes the re20 sults of the study. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this subsection 

23 $1,500,000. 


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1 SEC. 204. STUDY ON THE COLLECTION AND PRESERVATION 

2 OF DATA COLLECTED FROM PLUG-IN ELEC3 TRIC DRIVE VEHICLES. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Secretary, in consulta6 tion with the Committee, shall enter into an agreement 

7 with the National Academy of Sciences under which the 

8 Academy shall conduct a study that— 

9 (1) identifies— 

10 (A) the data that may be collected from 

11 plug-in electric drive vehicles, including data on 

12 the location, charging patterns, and usage of 

13 plug-in electric drive vehicles; 

14 (B) the scientific, economic, commercial, 

15 security, and historic potential of the data de16 scribed in subparagraph (A); and 

17 (C) any laws or regulations that relate to 

18 the data described in subparagraph (A); and 

19 (2) analyzes and provides recommendations on 

20 matters that include procedures, technologies, and 

21 rules relating to the collection, storage, and preser22 vation of the data described in paragraph (1)(A). 

23 (b) REPORT.—Not later than 15 months after the 

24 date of an agreement between the Secretary and the Acad25 emy under subsection (a), the National Academy of 

26 Sciences shall submit to the appropriate committees of 


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1 Congress a report that describes the results of the study 

2 under subsection (a). 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $1,000,000. 

6 TITLE III—MISCELLANEOUS 

7 SEC. 301. UTILITY PLANNING FOR PLUG-IN ELECTRIC 

8 DRIVE VEHICLES. 

9 (a) IN GENERAL.—The Public Utility Regulatory 

10 Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amend11 ed— 

12 (1) in section 111(d) (16 U.S.C. 2621(d)), by 

13 adding at the end the following: 

14 ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE

15 PLANNING.— 

16 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC17 TRIC DRIVE VEHICLES.— 

18 ‘‘(i) IN GENERAL.—Not later than 2 

19 years after the date of enactment of this 

20 paragraph, each electric utility shall de21 velop a plan to support the use of plug-in 

22 electric drive vehicles in the service area of 

23 the electric utility. 

24 ‘‘(ii) REQUIREMENTS.—A plan under 

25 clause (i) shall investigate— 


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1 ‘‘(I) various levels of potential 

2 penetration of plug-in electric drive 

3 vehicles in the utility service area; 

4 ‘‘(II) the potential impacts that 

5 the various levels of penetration and 

6 charging scenarios (including charging 

7 rates and daily hours of charging) 

8 would have on generation, distribution 

9 infrastructure, and the operation of 

10 the transmission grid; and 

11 ‘‘(III) the role of third parties in 

12 providing reliable and economical 

13 charging services. 

14 ‘‘(iii) WAIVER.— 

15 ‘‘(I) IN GENERAL.—An electric 

16 utility that determines that the elec17 tric utility will not be impacted by 

18 plug-in electric drive vehicles during 

19 the 5-year period beginning on the 

20 date of enactment of this paragraph 

21 may petition the Secretary to waive 

22 clause (i) for 5 years. 

23 ‘‘(II) APPROVAL.—Approval of a 

24 waiver under subclause (I) shall be in 

25 the sole discretion of the Secretary. 


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1 ‘‘(iv) UPDATES.— 

2 ‘‘(I) IN GENERAL.—Each electric 

3 utility shall update the plan of the 

4 electric utility every 2 years. 

5 ‘‘(II) RESUBMISSION OF WAIV6 ER.—An electric utility that received a 

7 waiver under clause (iii) and wants 

8 the waiver to continue after the expi9 ration of the waiver shall be required 

10 to resubmit the waiver. 

11 ‘‘(v) EXEMPTION.—If the Secretary 

12 determines that a plan required by a State 

13 regulatory authority meets the require14 ments of this paragraph, the Secretary 

15 may accept that plan and exempt the elec16 tric utility submitting the plan from the re17 quirements of clause (i). 

18 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

19 State regulatory authority (in the case of each 

20 electric utility for which the authority has rate21 making authority) and each publicly owned util22 ity and cooperative utility shall— 

23 ‘‘(i) participate in any local plan for 

24 the deployment of recharging infrastrucVerDate Mar 15 2010 04:07 May 17, 2011 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S948.IS S948

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1 ture in communities located in the foot2 print of the authority or utility; 

3 ‘‘(ii) require that charging infrastruc4 ture deployed is interoperable with prod5 ucts of all auto manufacturers to the max6 imum extent practicable; and 

7 ‘‘(iii) consider adopting minimum re8 quirements for deployment of electrical 

9 charging infrastructure and other appro10 priate requirements necessary to support 

11 the use of plug-in electric drive vehicles. 

12 ‘‘(C) COST RECOVERY.—Each State regu13 latory authority (in the case of each electric 

14 utility for which the authority has ratemaking 

15 authority) and each publicly owned utility and 

16 cooperative utility may consider whether, and to 

17 what extent, to allow cost recovery for plans 

18 and implementation of plans. 

19 ‘‘(D) DETERMINATION.—Not later than 3 

20 years after the date of enactment of this para21 graph, each State regulatory authority (with re22 spect to each electric utility for which the au23 thority has ratemaking authority), and each 

24 publicly owned utility and cooperative electric 

25 utility, shall complete the consideration, and 


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1 shall make the determination, referred to in 

2 subsection (a) with respect to the standard es3 tablished by this paragraph.’’; 

4 (2) in section 112(c) (16 U.S.C. 2622(c))— 

5 (A) in the first sentence, by striking ‘‘Each 

6 State’’ and inserting the following: 

7 ‘‘(1) IN GENERAL.—Each State’’; 

8 (B) in the second sentence, by striking ‘‘In 

9 the case’’ and inserting the following: 

10 ‘‘(2) SPECIFIC STANDARDS.— 

11 ‘‘(A) NET METERING AND FOSSIL FUEL

12 GENERATION EFFICIENCY.—In the case’’; 

13 (C) in the third sentence, by striking ‘‘In 

14 the case’’ and inserting the following: 

15 ‘‘(B) TIME-BASED METERING AND COMMU16 NICATIONS.—In the case’’; 

17 (D) in the fourth sentence— 

18 (i) by striking ‘‘In the case’’ and in19 serting the following: 

20 ‘‘(C) INTERCONNECTION.—In the case’’; 

21 and 

22 (ii) by striking ‘‘paragraph (15)’’ and 

23 inserting ‘‘paragraph (15) of section 

24 111(d)’’; 


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1 (E) in the fifth sentence, by striking ‘‘In 

2 the case’’ and inserting the following: 

3 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

4 RATE DESIGN MODIFICATIONS, SMART GRID IN5 VESTMENTS, SMART GRID INFORMATION.—In 

6 the case’’; and 

7 (F) by adding at the end the following: 

8 ‘‘(E) PLUG-IN ELECTRIC DRIVE VEHICLE

9 PLANNING.—In the case of the standards estab10 lished by paragraph (20) of section 111(d), the 

11 reference contained in this subsection to the 

12 date of enactment of this Act shall be deemed 

13 to be a reference to the date of enactment of 

14 that paragraph.’’; and 

15 (3) in section 112(d) (16 U.S.C. 2622(d)), in 

16 the matter preceding paragraph (1), by striking 

17 ‘‘(19)’’ and inserting ‘‘(20)’’. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Technical Advisory Committee, shall 

21 convene a group of utility stakeholders, charging in22 frastructure providers, third party aggregators, and 

23 others, as appropriate, to discuss and determine the 

24 potential models for the technically and logistically 


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1 challenging issues involved in using electricity as a 

2 fuel for vehicles, including— 

3 (A) accommodation for billing for charging 

4 a plug-in electric drive vehicle, both at home 

5 and at publicly available charging infrastruc6 ture; 

7 (B) plans for anticipating vehicle to grid 

8 applications that will allow batteries in cars as 

9 well as banks of batteries to be used for grid 

10 storage, ancillary services provision, and backup 

11 power; 

12 (C) integration of plug-in electric drive ve13 hicles with smart grid, including protocols and 

14 standards, necessary equipment, and informa15 tion technology systems; and 

16 (D) any other barriers to installing suffi17 cient and appropriate charging infrastructure. 

18 (2) REPORT.—Not later than 2 years after the 

19 date of enactment of this Act and biennially there20 after, the Secretary shall submit to the appropriate 

21 committees of Congress a report that includes— 

22 (A) the issues and model solutions de23 scribed in paragraph (1); and 

24 (B) any other issues that the Task Force 

25 and Secretary determine to be appropriate. 


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1 SEC. 302. LOAN GUARANTEES. 

2 (a) LOAN GUARANTEES FOR ADVANCED BATTERY

3 PURCHASES FOR USE IN STATIONARY APPLICATIONS.— 

4 Subtitle B of title I of the Energy Independence and Secu5 rity Act of 2007 (42 U.S.C. 17011 et seq.) is amended 

6 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 4 kilowatt hours of bat14 tery capacity; and 

15 ‘‘(B) is designed for use in qualified plug16 in electric drive motor vehicles but is purchased 

17 for nonautomotive 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 range extension infra23 structure; or 

24 ‘‘(D) any other qualified entity, as deter25 mined by the Secretary. 

26 ‘‘(b) LOAN GUARANTEES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall guar2 antee loans made to eligible entities for the aggre3 gate purchase of not less than 200 qualified auto4 motive batteries in a calendar year that have a total 

5 minimum power rating of 1 megawatt and use ad6 vanced battery technology. 

7 ‘‘(2) RESTRICTION.—As a condition of receiving 

8 a loan guarantee under this section, an entity pur9 chasing qualified automotive batteries with loan 

10 funds guaranteed under this section shall comply 

11 with the provisions of the Buy American Act (41 

12 U.S.C. 10a et seq.). 

13 ‘‘(c) REGULATIONS.—The Secretary shall promulgate 

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

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 $50,000,000.’’. 

18 (b) LOAN GUARANTEES FOR CHARGING INFRA19 STRUCTURE.—Section 1705(a) of the Energy Policy Act 

20 of 2005 (42 U.S.C. 16516(a)) is amended by adding at 

21 the end the following: 

22 ‘‘(4) Charging infrastructure and networks of 

23 charging infrastructure for plug-in drive electric ve24 hicles, if the charging infrastructure will be oper25 ational prior to December 31, 2016.’’. 


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1 SEC. 303. PROHIBITION ON DISPOSING OF ADVANCED BAT2 TERIES IN LANDFILLS. 

3 (a) DEFINITION OF ADVANCED BATTERY.— 

4 (1) IN GENERAL.—In this section, the term 

5 ‘‘advanced battery’’ means a battery that is a sec6 ondary (rechargeable) electrochemical energy storage 

7 device that has enhanced energy capacity. 

8 (2) EXCLUSIONS.—The term ‘‘advanced bat9 tery’’ does not include— 

10 (A) a primary nonrechargeable battery; or 

11 (B) a lead-acid battery that is used to 

12 start or serve as the principal electrical power 

13 source for a plug-in electric drive vehicle. 

14 (b) REQUIREMENT.—An advanced battery from a 

15 plug-in electric drive vehicle shall be disposed of in accord16 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

17 et seq.) (commonly known as the ‘‘Resource Conservation 

18 and Recovery Act of 1976’’). 

19 SEC. 304. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL 

20 ADVISORY COMMITTEE. 

21 (a) IN GENERAL.—There is established the Plug-in 

22 Electric Drive Vehicle Technical Advisory Committee to 

23 advise the Secretary on the programs and activities under 

24 this Act. 


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1 (b) MISSION.—The mission of the Committee shall 

2 be to advise the Secretary on technical matters, includ3 ing— 

4 (1) the priorities for research and development; 

5 (2) means of accelerating the deployment of 

6 safe, economical, and efficient plug-in electric drive 

7 vehicles for mass market adoption; 

8 (3) the development and deployment of charg9 ing infrastructure; 

10 (4) the development of uniform codes, stand11 ards, and safety protocols for plug-in electric drive 

12 vehicles and charging infrastructure; and 

13 (5) reporting on the competitiveness of the 

14 United States in plug-in electric drive vehicle and in15 frastructure research, manufacturing, and deploy16 ment. 

17 (c) MEMBERSHIP.— 

18 (1) MEMBERS.— 

19 (A) IN GENERAL.—The Committee shall 

20 consist of not less than 12, but not more than 

21 25, members. 

22 (B) REPRESENTATION.—The Secretary 

23 shall appoint the members to Committee from 

24 among representatives of— 

25 (i) domestic industry; 


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1 (ii) institutions of higher education; 

2 (iii) professional societies; 

3 (iv) Federal, State, and local govern4 mental agencies (including the National 

5 Laboratories); and 

6 (v) financial, transportation, labor, en7 vironmental, electric utility, or other ap8 propriate organizations or individuals with 

9 direct experience in deploying and mar10 keting plug-in electric drive vehicles, as the 

11 Secretary determines to be necessary. 

12 (2) TERMS.— 

13 (A) IN GENERAL.—The term of a Com14 mittee member shall not be longer than 3 years. 

15 (B) STAGGERED TERMS.—The Secretary 

16 may appoint members to the Committee for dif17 fering term lengths to ensure continuity in the 

18 functioning of the Committee. 

19 (C) REAPPOINTMENTS.—A member of the 

20 Committee whose term is expiring may be re21 appointed. 

22 (3) CHAIRPERSON.—The Committee shall have 

23 a chairperson, who shall be elected by and from the 

24 members. 


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1 (d) REVIEW.—The Committee shall review and make 

2 recommendations to the Secretary on the implementation 

3 of programs and activities under this Act. 

4 (e) RESPONSE.— 

5 (1) IN GENERAL.—The Secretary shall consider 

6 and may adopt any recommendation of the Com7 mittee under subsection (c). 

8 (2) BIENNIAL REPORT.— 

9 (A) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of this Act and 

11 every 2 years thereafter, the Secretary shall 

12 submit to the appropriate committees of Con13 gress a report describing any new recommenda14 tions of the Committee. 

15 (B) CONTENTS.—The report shall in16 clude— 

17 (i) a description of the manner in 

18 which the Secretary has implemented or 

19 plans to implement the recommendations 

20 of the Committee; or 

21 (ii) an explanation of the reason that 

22 a recommendation of the Committee has 

23 not been implemented. 

24 (C) TIMING.—The report described in this 

25 paragraph shall be submitted by the Secretary 


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1 at the same time the President submits the 

2 budget proposal for the Department of Energy 

3 to Congress. 

4 (f) COORDINATION.—The Committee shall— 

5 (1) hold joint annual meetings with the Hydro6 gen and Fuel Cell Technical Advisory Committee es7 tablished by section 807 of the Energy Policy Act of 

8 2005 (42 U.S.C. 16156) to help coordinate the work 

9 and recommendations of the Committees; and 

10 (2) coordinate efforts, to the maximum extent 

11 practicable, with all existing independent, depart12 mental, and other advisory Committees, as deter13 mined to be appropriate by the Secretary. 

14 (g) SUPPORT.—The Secretary shall provide to the 

15 Committee the resources necessary to carry out this sec16 tion, as determined to be necessary by the Secretary. 

17 SEC. 305. PLUG-IN ELECTRIC DRIVE VEHICLE INTER18 AGENCY TASK FORCE. 

19 (a) IN GENERAL.—Not later than 120 days after the 

20 date of enactment of this Act, the President shall establish 

21 the Plug-in Electric Drive Vehicle Interagency Task 

22 Force, to be chaired by the Secretary and which shall con23 sist of at least 1 representative from each of— 

24 (1) the Office of Science and Technology Policy; 

25 (2) the Council on Environmental Quality; 


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1 (3) the Department of Energy; 

2 (4) the Department of Transportation; 

3 (5) the Department of Defense; 

4 (6) the Department of Commerce (including the 

5 National Institute of Standards and Technology); 

6 (7) the Environmental Protection Agency; 

7 (8) the General Services Administration; and 

8 (9) any other Federal agencies that the Presi9 dent determines to be appropriate. 

10 (b) MISSION.—The mission of the Task Force shall 

11 be to ensure awareness, coordination, and integration of 

12 the activities of the Federal Government relating to plug13 in electric drive vehicles, including— 

14 (1) plug-in electric drive vehicle research and 

15 development (including necessary components); 

16 (2) the development of widely accepted smart17 grid standards and protocols for charging infrastruc18 ture; 

19 (3) the relationship of plug-in electric drive ve20 hicle charging practices to electric utility regulation; 

21 (4) the relationship of plug-in electric drive ve22 hicle deployment to system reliability and security; 

23 (5) the general deployment of plug-in electric 

24 drive vehicles in the Federal, State, and local gov25 ernments and for private use; 


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1 (6) the development of uniform codes, stand2 ards, and safety protocols for plug-in electric drive 

3 vehicles and charging infrastructure; and 

4 (7) the alignment of international plug-in elec5 tric drive vehicle standards. 

6 (c) ACTIVITIES.— 

7 (1) IN GENERAL.—In carrying out this section, 

8 the Task Force may— 

9 (A) organize workshops and conferences; 

10 (B) issue publications; and 

11 (C) create databases. 

12 (2) MANDATORY ACTIVITIES.—In carrying out 

13 this section, the Task Force shall— 

14 (A) foster the exchange of generic, non15 proprietary information and technology among 

16 industry, academia, and the Federal Govern17 ment; 

18 (B) integrate and disseminate technical 

19 and other information made available as a re20 sult of the programs and activities under this 

21 Act; 

22 (C) support education about plug-in elec23 tric drive vehicles; 

24 (D) monitor, analyze, and report on the ef25 fects of plug-in electric drive vehicle deployment 


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1 on the environment and public health, including 

2 air emissions from vehicles and electricity gen3 erating units; and 

4 (E) review and report on— 

5 (i) opportunities to use Federal pro6 grams (including laws, regulations, and 

7 guidelines) to promote the deployment of 

8 plug-in electric drive vehicles; and 

9 (ii) any barriers to the deployment of 

10 plug-in electric drive vehicles, including 

11 barriers that are attributable to Federal 

12 programs (including laws, regulations, and 

13 guidelines). 

14 (d) AGENCY COOPERATION.—A Federal agency— 

15 (1) shall cooperate with the Task Force; and 

16 (2) provide, on request of the Task Force, ap17 propriate assistance in carrying out this section, in 

18 accordance with applicable Federal laws (including 

19 regulations). 

Æ 


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