I 

111TH CONGRESS 

2D SESSION H. R. 6564 

To promote the oil independence of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2010 

Mr. INSLEE (for himself and Mr. CASTLE) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committees on Ways and Means, Transportation and Infrastructure, the Budget, Science and Technology, Oversight and Government 

Reform, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To promote the oil independence of the United States, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Oil Independence for a Stronger America Act of 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions. 


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TITLE I—NATIONAL ENERGY SECURITY PROGRAM 

Sec. 101. National Energy Security Program. 

Sec. 102. National Energy Security Council. 

TITLE II—VEHICLE FUEL ECONOMY 

Sec. 201. Fuel efficiency standards and greenhouse gas emissions limitations. 

TITLE III—ELECTRIC VEHICLE DEPLOYMENT 

Sec. 301. Findings. 

Sec. 302. Definitions. 

Sec. 303. National electric drive vehicle deployment program. 

Sec. 304. National assessment and plan. 

Sec. 305. Technical assistance. 

Sec. 306. Workforce training. 

Sec. 307. Targeted electric drive vehicle deployment communities program. 

Sec. 308. Modifications to tax credits. 

Sec. 309. Qualified plug-in electric drive motor vehicle refueling property bonds. 

Sec. 310. Utility planning for plug-in electric drive vehicles. 

Sec. 311. Federal fleets. 

Sec. 312. Advanced Batteries for Tomorrow Prize. 

Sec. 313. Research and development program. 

Sec. 314. Study on the supply of raw materials. 

Sec. 315. Plug-in electric drive vehicle technical advisory committee. 

Sec. 316. Plug-in electric drive vehicle interagency task force. 

Sec. 317. Prohibition on disposing of advanced batteries in landfills. 

Sec. 318. Loan guarantees. 

Sec. 319. Model updating building codes, permitting and inspection processes, 

and zoning or parking rules. 

Sec. 320. Credit for grid-interactive plug-in vehicles. 

Sec. 321. Study on the collection, preservation, and access to data collected 

from plug-in electric drive vehicles. 

TITLE IV—TRANSPORTATION INFRASTRUCTURE 

Subtitle A—Transportation Options for Families and Businesses 

Sec. 401. Oil savings and greenhouse gas emission reductions through transportation efficiency. 

Sec. 402. Investing in transportation greenhouse gas emission reduction programs. 

Sec. 403. Commuter benefits equity. 

Subtitle B—Freight Transportation 

Sec. 411. Freight transportation goal and plan. 

Sec. 412. Freight rail congestion grants. 

Sec. 413. Rail electrification study. 

TITLE V—ALTERNATIVE TRANSPORTATION FUELS 

Subtitle A—Advanced Biofuels 

Sec. 501. Allowance of investment tax credit for advanced biofuel facilities. 

Sec. 502. Grants for advanced biofuel facility property. 

Sec. 503. Inclusion of algae-based biofuel in definition of cellulosic biofuel. 


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Sec. 504. Extension of next generation biofuel producer credit. 

Sec. 505. Modification of special allowance for next generation biofuel plant 

property. 

Sec. 506. Extension of incentives for biodiesel and renewable diesel. 

Sec. 507. Extension of alcohol fuels tax credits. 

Sec. 508. Excise tax credits and outlay payments for alternative fuel and alternative fuel mixtures. 

Subtitle B—Powering Vehicles With Natural Gas 

Sec. 511. Credit for qualified natural gas motor vehicles. 

Sec. 512. Natural gas vehicle bonds. 

Sec. 513. Incentives for manufacturing facilities producing vehicles fueled by 

compressed or liquified natural gas. 

Sec. 514. Best management practices. 

Sec. 515. Study of increasing natural gas and liquefied petroleum gas vehicles 

in Federal fleet. 

TITLE VI—HEATING OIL AND PROPANE CONSERVATION 

Sec. 601. Energy efficiency improvements for heating oil, propane, and kerosene use in homes and commercial buildings. 

Sec. 602. Renewable biomass thermal energy for commercial buildings. 

TITLE VII—ENERGY GRANTS IN LIEU OF TAX CREDIT 

Sec. 701. Extension of grants for specified energy property in lieu of tax credits. 

Sec. 702. Expansion of grants for specified energy property in lieu of tax credits. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

6 (2) COUNCIL.—The term ‘‘Council’’ means the 

7 National Energy Security Council established by sec8 tion 102. 

9 (3) NATIONAL OIL INDEPENDENCE GOAL.—The 

10 term ‘‘national oil independence goal’’ means the na11 tional oil independence goal established under sec12 tion 101(c). 


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1 (4) NATIONAL OIL INDEPENDENCE PLAN.—The 

2 term ‘‘national oil independence plan’’ means the na3 tional oil independence plan established under sec4 tion 101(d). 

5 TITLE I—NATIONAL ENERGY 

6 SECURITY PROGRAM 

7 SEC. 101. NATIONAL ENERGY SECURITY PROGRAM. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Executive Office of the President the national energy secu10 rity program. 

11 (b) MISSION.—The mission of the national energy se12 curity program shall be to coordinate the activities and 

13 policies of the Federal Government to ensure, to the max14 imum extent practicable, that the United States meets— 

15 (1) goals for reducing oil dependence, oil im16 ports, and oil consumption; and 

17 (2) other energy policy goals, including goals 

18 for— 

19 (A) enhancing the competitiveness of the 

20 United States in clean energy technology; 

21 (B) strengthening clean energy technology 

22 manufacturing in the United States; 

23 (C) reducing greenhouse gas emissions; 

24 and 

25 (D) reducing other environmental impacts. 


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1 (c) NATIONAL OIL INDEPENDENCE GOAL.— 

2 (1) IN GENERAL.—Subject to paragraph (2), it 

3 is the goal of the United States to reduce oil con4 sumption by 8,000,000 barrels per day by calendar 

5 year 2030 (as compared to the rate of oil consump6 tion projected for calendar year 2030 as of the date 

7 of enactment of this Act). 

8 (2) ADJUSTMENTS.—The President, in con9 sultation with the Council— 

10 (A) may adjust the goal established under 

11 paragraph (1); and 

12 (B) shall ensure that the goal represents 

13 the maximum practicable oil savings achievable, 

14 taking into account other benefits of reducing 

15 oil consumption (including economic, security, 

16 and environmental benefits) and costs or other 

17 economic effects. 

18 (d) NATIONAL OIL INDEPENDENCE PLAN.— 

19 (1) IN GENERAL.—The President, in coordina20 tion with the Council and the Director of the Office 

21 of Management and Budget, shall— 

22 (A) develop a national oil independence 

23 plan that describes programs and activities that 

24 will be implemented to meet or exceed the na25 tional oil independence goal; 


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1 (B) submit the national oil independence 

2 plan to Congress not later than 180 days after 

3 the date of enactment of this Act; and 

4 (C) submit an updated national oil inde5 pendence plan to Congress every 2 years there6 after. 

7 (2) REVIEW OF FEDERAL POLICIES, PROGRAMS, 

8 AND AUTHORITIES.—Not later than 120 days after 

9 the date of enactment of this Act, the President, in 

10 coordination with the Council and the Director of 

11 the Office of Management and Budget, shall review 

12 existing programs and authorities of the Federal 

13 Government and other applicable policies (including 

14 tax policies) to determine— 

15 (A)(i) which programs, authorities, or poli16 cies could be used to accelerate reductions in oil 

17 dependence; and 

18 (ii) the manner by which the programs, au19 thorities, or policies could be used to maximize 

20 reductions in oil dependence; and 

21 (B)(i) which programs, authorities, or poli22 cies have the effect of increasing oil consump23 tion and oil dependence or otherwise create bar24 riers to reducing oil consumption and oil de25 pendence; and 


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1 (ii) the manner by which the programs, au2 thorities, or policies— 

3 (I) have the effect of encouraging oil 

4 consumption or oil dependence or otherwise 

5 create barriers to reducing oil consumption 

6 and oil dependence; and 

7 (II) could be modified or eliminated to 

8 help meet the goal of reducing oil con9 sumption and oil dependence. 

10 (3) CONTENTS.—At a minimum, the national 

11 oil independence plan shall— 

12 (A) cover implementation of the measures 

13 and programs established by this Act; 

14 (B) describe the results and conclusions of 

15 the review conducted under paragraph (2); 

16 (C) as appropriate, include— 

17 (i) the use of programs, authorities, 

18 or policies described in paragraph (2)(A); 

19 and 

20 (ii) if existing authority allows, pro21 posals to modify or eliminate programs, 

22 authorities, or policies described in para23 graph (2)(B); 

24 (D) include recommendations to Congress 

25 for legislation that would further— 


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1 (i) promote reductions in oil consump2 tion and oil dependence; 

3 (ii) reduce barriers to reducing oil 

4 consumption and oil dependence; and 

5 (iii) help meet the energy policy goals 

6 of the United States; 

7 (E) include a timetable for achieving the 

8 national oil independence goal, including in9 terim targets on not less than a biennial basis; 

10 (F) a plan for coordinating actions across 

11 the Federal Government, including measures 

12 established under this Act, to ensure, to the 

13 maximum extent practicable, that the national 

14 oil independence goal is met; and 

15 (G) a timeline for issuing rules, Executive 

16 orders, or other policy instruments that will im17 plement the recommendations contained the na18 tional oil independence plan. 

19 (e) ANNUAL REQUESTS TO CONGRESS.—When sub20 mitting annual budget requests to Congress, the President 

21 shall include— 

22 (1) requests for sufficient funding for such pro23 grams as are necessary to meet the national oil inde24 pendence goal; 


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1 (2) requests for additional authority or changes 

2 to existing laws or authorities to implement the na3 tional oil independence plan; and 

4 (3) a report on the oil consumption and imports 

5 of the United States relative to the national oil inde6 pendence goal and the interim targets and timelines 

7 established in the national oil independence plan. 

8 SEC. 102. NATIONAL ENERGY SECURITY COUNCIL. 

9 (a) ESTABLISHMENT.—There is established in the 

10 Executive Office of the President a National Energy Secu11 rity Council. 

12 (b) MISSION.—The mission of the Council shall be 

13 to assist and advise the President in— 

14 (1) setting and meeting the national oil inde15 pendence goal; 

16 (2) developing the national oil independence 

17 plan and the requests described in section 101(e); 

18 (3) coordinating the policies, programs, and ac19 tivities of the Federal program in order to imple20 ment the national oil independence plan and meet 

21 the national oil independence goal; and 

22 (4) ensuring that policy decisions and programs 

23 are consistent with the energy policy goals of the 

24 United States. 


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1 (c) MEMBERSHIP.—The membership of the Council 

2 shall consist of— 

3 (1) the Secretary of Energy; 

4 (2) the Secretary of Transportation; 

5 (3) the Administrator; 

6 (4) the Director of the National Economic 

7 Council; 

8 (5) the Secretary of Commerce; 

9 (6) the Secretary of Labor; 

10 (7) the Secretary of Agriculture; 

11 (8) the Chair of the Council on Environmental 

12 Quality; 

13 (9) the Secretary of Housing and Urban Devel14 opment; 

15 (10) the Secretary of State; 

16 (11) the Director of the Office of Management 

17 and Budget; and 

18 (12) the Director of the Office of Science and 

19 Technology Policy. 

20 (d) CHAIR.—The President shall act as Chair of the 

21 Council. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $8,000,000 for each fiscal year. 


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1 TITLE II—VEHICLE FUEL 

2 ECONOMY 

3 SEC. 201. FUEL EFFICIENCY STANDARDS AND GREEN4 HOUSE GAS EMISSIONS LIMITATIONS. 

5 (a) AUTOMOBILES.—The Secretary of Transpor6 tation, pursuant to the authority provided under chapter 

7 329 of title 49, United States Code, and the Administrator 

8 of the Environmental Protection Agency, using the au9 thority provided under the Clean Air Act (42 U.S.C. 7401 

10 et seq.), shall promulgate joint regulations establishing 

11 fuel efficiency standards and greenhouse gas emissions 

12 limitations for each class of automobiles subject to regula13 tions under such chapter and manufactured for each of 

14 model years 2017 through 2030 to maximize reductions 

15 in oil consumption and greenhouse gas emissions con16 sistent with the criteria under those authorities. 

17 (b) FUEL ECONOMY AND GREENHOUSE GAS EMIS18 SIONS FOR NONROAD VEHICLES.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of this Act, the Secretary of 

21 Transportation and the Administrator of the Envi22 ronmental Protection Agency shall promulgate joint 

23 regulations establishing fuel efficiency standards and 

24 greenhouse gas emissions limitations for nonroad veVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 hicles to maximize reductions in oil consumption and 

2 greenhouse gas emissions. 

3 (2) NONROAD VEHICLES.—The nonroad vehi4 cles described in paragraph (1) shall include— 

5 (A) passenger and freight rail engines; 

6 (B) boat and other marine engines; and 

7 (C) off-highway construction vehicles. 

8 (3) EFFECTIVE DATE.—The standards and lim9 itations established under paragraph (1) shall take 

10 effect not earlier than 2 years after the date on 

11 which the applicable regulations are promulgated. 

12 (4) REVISIONS AND UPDATES TO STAND13 ARDS.—The Secretary of Transportation and the 

14 Administrator shall establish a timeline for updating 

15 the standards and limitations established under 

16 paragraph (1) to maximize reductions in oil con17 sumption and greenhouse gas emissions. 

18 TITLE III—ELECTRIC VEHICLE 

19 DEPLOYMENT 

20 SEC. 301. FINDINGS. 

21 Congress finds that— 

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

23 petroleum in the world, consuming 19,500,000 bar24 rels per day of petroleum products during 2008; 


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1 (2) high and volatile international oil prices rep2 resent a significant and ongoing threat to the eco3 nomic and national security of the United States; 

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

5 States relies for petroleum supplies or that signifi6 cantly affect the world petroleum market share nei7 ther the national interest nor the values of the 

8 United States; 

9 (4) the United States imports more than 50 

10 percent of the petroleum needs of the country each 

11 day; 

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

13 in petroleum trade amounted to more than 

14 $380,000,000,000, or nearly 60 percent of the total 

15 trade deficit; 

16 (6) the transportation sector of the United 

17 States accounts for over two-thirds of total national 

18 petroleum consumption and is 94 percent reliant on 

19 petroleum; 

20 (7) the electrification of the transportation sec21 tor represents a direct pathway to significant reduc22 tion in petroleum dependence, because passenger 

23 cars and light trucks account for more than 60 per24 cent of the transportation petroleum demand and 


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1 more than 40 percent of total petroleum demand in 

2 the United States; 

3 (8) the electrification of the transportation sec4 tor promotes national energy security because the 

5 electric power sector uses a diverse range of domes6 tic electricity generation sources; 

7 (9) electric drive vehicles, when running on elec8 tric power, produce no tailpipe emissions; 

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

10 drive vehicles would result in a petroleum savings of 

11 approximately 10,000,000 barrels per year compared 

12 to the annual petroleum consumption as of the date 

13 of enactment of this Act; 

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

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

16 vehicles, which would result in a petroleum savings 

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

18 year and greenhouse gas reductions of over 

19 300,000,000 tons of carbon dioxide compared to the 

20 annual petroleum consumption and greenhouse gas 

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

22 and 

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

24 electric drive vehicles that is focused on competi25 tively selected deployment communities— 


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1 (A) is a critical component of a com2 prehensive effort to speed plug-in electric drive 

3 vehicle penetration rates; 

4 (B) will contribute to the larger national 

5 effort to deploy plug-in electric drive vehicles; 

6 (C) will inform best practices for the wide7 scale deployment of plug-in electric drive vehi8 cles; and 

9 (D) will substantially reduce the oil con10 sumption of the United States. 

11 SEC. 302. DEFINITIONS. 

12 In this title: 

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

14 meaning given the term ‘‘Executive agency’’ in sec15 tion 105 of title 5, United States Code. 

16 (2) CHARGING INFRASTRUCTURE.—The term 

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

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

19 recharging of motor vehicles propelled by electricity, 

20 including electrical panel upgrades, wiring, conduit, 

21 trenching, pedestals, and related equipment. 

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

23 means the Plug-in Electric Drive Vehicle Technical 

24 Advisory Committee established by section 315. 


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1 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de2 ployment community’’ means a community selected 

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

4 electric drive vehicles deployment communities pro5 gram under section 307. 

6 (5) ELECTRIC DRIVE VEHICLE.—The term 

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

8 (A)(i) is— 

9 (I) a light-duty vehicle (as the 

10 term is defined in section 86.1803–01 

11 of title 40, Code of Federal Regula12 tions, as in effect as of the date of en13 actment of this Act) that draws mo14 tive power from a battery with a ca15 pacity of at least 4 kilowatt-hours; 

16 (II) a heavy-duty vehicle (as the 

17 term is defined in section 86.1803–01 

18 of title 40, Code of Federal Regula19 tions, as in effect as of the date of en20 actment of this Act) with a gross vehi21 cle weight rating greater than 8,500 

22 pounds and less than 14,000 pounds 

23 that draws motive power from a bat24 tery with a capacity of at least 8 kilo25 watt-hours; 


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1 (III) a heavy-duty vehicle (as the 

2 term is defined in section 86.1803–01 

3 of title 40, Code of Federal Regula4 tions, as in effect as of the date of en5 actment of this Act) with a gross vehi6 cle weight rating greater than 14,000 

7 pounds and less than 33,000 pounds 

8 that draws motive power from a bat9 tery with a capacity of at least 15 kil10 owatt-hours; or 

11 (IV) a heavy-duty vehicle (as the 

12 term is defined in section 86.1803–01 

13 of title 40, Code of Federal Regula14 tions, as in effect as of the date of en15 actment of this Act) with a gross vehi16 cle weight rating greater than 33,000 

17 pounds that draws motive power from 

18 a battery with a capacity of at least 

19 20 kilowatt-hours; and 

20 (ii) can be recharged from an external 

21 source of electricity for motive power; or 

22 (B) is a motor vehicle (as the term is de23 fined in section 216 of the Clean Air Act (42 

24 U.S.C. 7550)) that draws motive power from a 

25 fuel cell (as the term is defined in section 803 


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1 of the Spark M. Matsunaga Hydrogen Act of 

2 2005 (42 U.S.C. 16152)). 

3 (6) ELECTRIC UTILITY.—The term ‘‘electric 

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

5 3 of the Public Utility Regulatory Policies Act of 

6 1978 (16 U.S.C. 2602). 

7 (7) FEDERAL-AID SYSTEM OF HIGHWAYS.—The 

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

9 highway system described in section 103 of title 23, 

10 United States Code. 

11 (8) PLUG-IN ELECTRIC DRIVE VEHICLE.— 

12 (A) IN GENERAL.—The term ‘‘plug-in elec13 tric drive vehicle’’ has the meaning given the 

14 term in section 131(a)(5) of the Energy Inde15 pendence and Security Act of 2007 (42 U.S.C. 

16 17011(a)(5)). 

17 (B) INCLUSIONS.—The term ‘‘plug-in elec18 tric drive vehicle’’ includes— 

19 (i) a low speed plug-in electric drive 

20 vehicles that meet the Federal Motor Vehi21 cle Safety Standards described in section 

22 571.500 of title 49, Code of Federal Regu23 lations (or successor regulations); and 

24 (ii) any other motor vehicles that can 

25 be recharged from an external source of 


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1 motive power and that is authorized to 

2 travel on the Federal-aid system of high3 ways. 

4 (9) PRIZE.—The term ‘‘Prize’’ means the Ad5 vanced Batteries for Tomorrow Prize established by 

6 section 312. 

7 (10) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Energy. 

9 (11) TASK FORCE.—The term ‘‘Task Force’’ 

10 means the Plug-in Electric Drive Vehicle Inter11 agency Task Force established by section 316. 

12 SEC. 303. NATIONAL ELECTRIC DRIVE VEHICLE DEPLOY13 MENT PROGRAM. 

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

15 Department of Energy a national plug-in electric drive ve16 hicle deployment program for the purpose of assisting in 

17 the deployment of plug-in electric drive vehicles. 

18 (b) GOALS.—The goals of the national program de19 scribed in subsection (a) include— 

20 (1) the reduction and displacement of petro21 leum use by accelerating the deployment of plug-in 

22 electric drive vehicles in the United States; 

23 (2) the reduction of greenhouse gas emissions 

24 by accelerating the deployment of plug-in electric 

25 drive vehicles in the United States; 


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1 (3) the facilitation of the rapid deployment of 

2 plug-in electric drive vehicles; 

3 (4) the achievement of significant market pene4 trations by plug-in electric drive vehicles nationally; 

5 (5) the establishment of models for the rapid 

6 deployment of plug-in electric drive vehicles nation7 ally, including models for the deployment of residen8 tial, private, and publicly available charging infra9 structure; 

10 (6) the increase of consumer knowledge and ac11 ceptance of plug-in electric drive vehicles; 

12 (7) the encouragement of the innovation and in13 vestment necessary to achieve mass market deploy14 ment of plug-in electric drive vehicles; 

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

16 electric drive vehicles into electricity distribution sys17 tems and the larger electric grid while maintaining 

18 grid system performance and reliability; 

19 (9) the provision of technical assistance to com20 munities across the United States to prepare for 

21 plug-in electric drive vehicles; and 

22 (10) the support of workforce training across 

23 the United States relating to plug-in electric drive 

24 vehicles. 


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

2 shall— 

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

4 and tribal governments that want to create deploy5 ment programs for plug-in electric drive vehicles in 

6 the communities over which the governments have 

7 jurisdiction; 

8 (2) perform national assessments of the poten9 tial deployment of plug-in electric drive vehicles; 

10 (3) synthesize and disseminate data from the 

11 deployment of plug-in electric drive vehicles; 

12 (4) develop best practices for the successful de13 ployment of plug-in electric drive vehicles; 

14 (5) carry out workforce training under section 

15 306; 

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

17 vehicle deployment communities program under sec18 tion 307; and 

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

20 recommendations to Congress and the President on 

21 methods to reduce the barriers to plug-in electric 

22 drive vehicle deployment. 

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

24 date of enactment of this Act and biennially thereafter, 

25 the Secretary shall submit to the appropriate committees 


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1 of Congress a report on the progress made in imple2 menting the national program described in subsection (a) 

3 that includes— 

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

5 (A) the technical assistance program under 

6 section 305; and 

7 (B) the workforce training program under 

8 section 306; and 

9 (2) any updated recommendations of the Sec10 retary for changes in Federal programs to promote 

11 the purposes of this title. 

12 (e) NATIONAL INFORMATION CLEARINGHOUSE.— 

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

14 timely manner, information regarding— 

15 (1) the cost, performance, usage data, and tech16 nical data regarding plug-in electric drive vehicles 

17 and associated infrastructure, including information 

18 from the deployment communities established under 

19 section 307; and 

20 (2) any other educational information that the 

21 Secretary determines to be appropriate. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—For the 

23 period of fiscal years 2011 through 2016, there are au24 thorized to be appropriated $100,000,000 to carry out sec25 tions 303 through 305. 


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1 SEC. 304. NATIONAL ASSESSMENT AND PLAN. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of this Act, the Secretary shall carry 

4 out a national assessment and develop a national plan for 

5 plug-in electric drive vehicle deployment that includes— 

6 (1) an assessment of the maximum feasible de7 ployment of plug-in electric drive vehicles by 2020 

8 and 2030; 

9 (2) the establishment of national goals for mar10 ket penetration of plug-in electric drive vehicles by 

11 2020 and 2030; 

12 (3) a plan for integrating the successes and 

13 barriers to deployment identified by the deployment 

14 communities program established under section 307 

15 to prepare communities across the Nation for the 

16 rapid deployment of plug-in electric drive vehicles; 

17 (4) a plan for providing technical assistance to 

18 communities across the United States to prepare for 

19 plug-in electric drive vehicle deployment; 

20 (5) a plan for quantifying the reduction in pe21 troleum consumption and the net impact on green22 house gas emissions due to the deployment of plug23 in electric drive vehicles; and 

24 (6) in consultation with the Task Force, any 

25 recommendations to the President and to Congress 


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1 for changes in Federal programs (including laws, 

2 regulations, and guidelines)— 

3 (A) to better promote the deployment of 

4 plug-in electric drive vehicles; and 

5 (B) to reduce barriers to the deployment of 

6 plug-in electric drive vehicles. 

7 (b) UPDATES.—Not later than 2 years after the date 

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

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

10 Secretary shall use market data and information from the 

11 targeted plug-in electric drive vehicle deployment commu12 nities program established under section 307 and other 

13 relevant data to update the plan to reflect real world mar14 ket conditions. 

15 SEC. 305. TECHNICAL ASSISTANCE. 

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

17 TRIBAL GOVERNMENTS.— 

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

19 Secretary shall provide, at the request of a Gov20 ernor, mayor, county executive, or other appropriate 

21 official (or the designee of such an official), technical 

22 assistance to a State, local, or tribal government to 

23 assist with the deployment of plug-in electric drive 

24 vehicles. 


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1 (2) REQUIREMENTS.—The technical assistance 

2 described in paragraph (1) shall include— 

3 (A) training on codes and standards for 

4 building and safety inspectors; 

5 (B) training on best practices for expe6 diting permits and inspections; 

7 (C) education and outreach on frequently 

8 asked questions relating to the various types of 

9 plug-in electric drive vehicles and associated in10 frastructure, battery technology, and disposal; 

11 and 

12 (D) the dissemination of information re13 garding best practices for the deployment of 

14 plug-in electric drive vehicles. 

15 (3) PRIORITY.—In providing technical assist16 ance under this subsection, the Secretary shall give 

17 priority to— 

18 (A) communities that have established 

19 public and private partnerships, including part20 nerships comprised of— 

21 (i) elected and appointed officials 

22 from each of the participating State, local, 

23 and tribal governments; 

24 (ii) relevant generators and distribu25 tors of electricity; 


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1 (iii) public utility commissions; 

2 (iv) departments of public works and 

3 transportation; 

4 (v) owners and operators of property 

5 that will be essential to the deployment of 

6 a sufficient level of publicly available 

7 charging infrastructure (including pri8 vately-owned parking lots or structures 

9 and commercial entities with public access 

10 locations); 

11 (vi) plug-in electric drive vehicle man12 ufacturers or retailers; 

13 (vii) third-party providers of charging 

14 infrastructure or services; 

15 (viii) owners of any major fleet that 

16 will participate in the program; 

17 (ix) as appropriate, owners and opera18 tors of regional electric power distribution 

19 and transmission facilities; and 

20 (x) other existing community coali21 tions recognized by the Department of En22 ergy; 

23 (B) communities that, as determined by 

24 the Secretary, have best demonstrated that the 

25 public is likely to embrace plug-in electric drive 


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1 vehicles, giving particular consideration to com2 munities that— 

3 (i) have documented waiting lists to 

4 purchase plug-in electric drive vehicles; 

5 (ii) have developed projections of the 

6 quantity of plug-in electric drive vehicles 

7 supplied to dealers; and 

8 (iii) have assessed the quantity of 

9 charging infrastructure installed or for 

10 which permits have been issued; 

11 (C) communities that have shown a com12 mitment to serving diverse consumer charging 

13 infrastructure needs, including the charging in14 frastructure needs for single-family and multi15 family housing and public and privately owned 

16 commercial infrastructure; and 

17 (D) communities that have established reg18 ulatory and educational efforts to facilitate con19 sumer acceptance of electric drive vehicles, in20 cluding by— 

21 (i) adopting (or being in the process 

22 of adopting) streamlined permitting and 

23 inspections processes for residential charg24 ing infrastructure; and 


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1 (ii) providing customer informational 

2 resources, including providing plug-in elec3 tric drive information on community or 

4 other Web sites. 

5 (4) BEST PRACTICES.—The Secretary shall col6 lect and disseminate information to State, local, and 

7 tribal governments creating plans to deploy plug-in 

8 electric drive vehicles on best practices (including 

9 codes and standards) that uses data from— 

10 (A) the program established by section 

11 307; 

12 (B) the activities carried out by the Task 

13 Force; and 

14 (C) existing academic and industry studies 

15 of the factors that contribute to the successful 

16 deployment of new technologies, particularly 

17 studies relating to alternative fueled vehicles. 

18 (5) GRANTS.— 

19 (A) IN GENERAL.—The Secretary shall es20 tablish a program to provide grants to State, 

21 local, and tribal governments to assist the gov22 ernments— 

23 (i) in preparing a community deploy24 ment plan under section 307; and 


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1 (ii) in preparing and implementing 

2 programs that support the deployment of 

3 plug-in electric drive vehicles. 

4 (B) APPLICATION.—A State, local, or trib5 al government that seeks to receive a grant 

6 under this paragraph shall submit to the Sec7 retary an application for the grant at such 

8 time, in such form, and containing such infor9 mation as the Secretary may prescribe. 

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

11 tribal government receiving a grant under this 

12 paragraph shall use the funds— 

13 (i) to develop a community deploy14 ment plan that shall be submitted to the 

15 next available competition under section 

16 307; and 

17 (ii) to carry out activities that encour18 age the deployment of plug-in electric drive 

19 vehicles, including— 

20 (I) planning for and installing 

21 charging infrastructure, particularly 

22 to develop and demonstrate diverse 

23 and cost-effective planning, installa24 tion, and operations options for de25 ployment of single family and multiVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 family residential, workplace, and 

2 publicly available charging infrastruc3 ture; 

4 (II) updating building, zoning, or 

5 parking codes and permitting or in6 spection processes; 

7 (III) workforce training, includ8 ing the training of permitting offi9 cials; 

10 (IV) public education described 

11 in the proposed marketing plan; 

12 (V) shifting State, local, or tribal 

13 government fleets to plug-in electric 

14 drive vehicles, at a rate in excess of 

15 the existing alternative fueled fleet ve16 hicles acquisition requirements for 

17 Federal fleets under section 

18 303(b)(1)(D) of the Energy Policy 

19 Act of 1992 (42 U.S.C. 

20 13212(b)(1)(D)); and 

21 (VI) any other activities, as de22 termined to be necessary by the Sec23 retary. 

24 (D) CRITERIA.—The Secretary shall de25 velop and publish criteria for the selection of 


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1 technical assistance grants, including require2 ments for the submission of applications under 

3 this paragraph. 

4 (E) AUTHORIZATION OF APPROPRIA5 TIONS.—There are authorized to be appro6 priated such sums as are necessary to carry out 

7 this paragraph. 

8 (b) UPDATING MODEL BUILDING CODES, PERMIT9 TING AND INSPECTION PROCESSES, AND ZONING OR

10 PARKING RULES.— 

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

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

13 consultation with the American Society of Heating, 

14 Refrigerating and Air-Conditioning Engineers, the 

15 International Code Council, and any other organiza16 tions that the Secretary determines to be appro17 priate, shall develop and publish guidance for— 

18 (A) model building codes for the inclusion 

19 of separate circuits for charging infrastructure, 

20 as appropriate, in new construction and major 

21 renovations of private residences, buildings, or 

22 other structures that could provide publicly 

23 available charging infrastructure; 

24 (B) model construction permitting or in25 spection processes that allow for the expedited 


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1 installation of charging infrastructure for pur2 chasers of plug-in electric drive vehicles (includ3 ing a permitting process that allows a vehicle 

4 purchaser to have charging infrastructure in5 stalled not later than 1 week after a request); 

6 and 

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

8 local ordinances that— 

9 (i) facilitate the installation of pub10 licly available charging infrastructure, in11 cluding commercial entities that provide 

12 public access to infrastructure; and 

13 (ii) allow for access to publicly avail14 able charging infrastructure. 

15 (2) OPTIONAL ADOPTION.—An applicant for se16 lection for technical assistance under this section or 

17 as a deployment community under section 307 shall 

18 not be required to use the model building codes, per19 mitting and inspection processes, or zoning, parking 

20 rules, or other ordinances included in the report 

21 under paragraph (1). 

22 (3) SMART GRID INTEGRATION.—In developing 

23 the model codes or ordinances described in para24 graph (1), the Secretary shall consider smart grid 

25 integration. 


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1 SEC. 306. WORKFORCE TRAINING. 

2 (a) MAINTENANCE AND SUPPORT.— 

3 (1) IN GENERAL.—The Secretary, in consulta4 tion with the Committee and the Task Force, shall 

5 award grants to institutions of higher education and 

6 other qualified training and education institutions 

7 for the establishment of programs to provide train8 ing and education for vocational workforce develop9 ment through centers of excellence. 

10 (2) PURPOSE.—Training funded under this 

11 subsection shall be intended to ensure that the work12 force has the necessary skills needed to work on and 

13 maintain plug-in electric drive vehicles and the infra14 structure required to support plug-in electric drive 

15 vehicles. 

16 (3) SCOPE.—Training funded under this sub17 section shall include training for— 

18 (A) first responders; 

19 (B) electricians and contractors who will 

20 be installing infrastructure; 

21 (C) engineers; 

22 (D) code inspection officials; and 

23 (E) dealers and mechanics. 

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

25 institutions of higher education and other qualified train26 ing and education institutions for the establishment of 


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1 programs to provide training and education in designing 

2 plug-in electric drive vehicles and associated components 

3 and infrastructure to ensure that the United States can 

4 lead the world in this field. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

7 this section. 

8 SEC. 307. TARGETED ELECTRIC DRIVE VEHICLE DEPLOY9 MENT COMMUNITIES PROGRAM. 

10 (a) ESTABLISHMENT.— 

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

12 the national electric drive deployment program es13 tablished under section 303 a targeted electric drive 

14 vehicle deployment communities program (referred 

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

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

17 Program, the Secretary shall coordinate and supple18 ment, not supplant, any ongoing plug-in electric 

19 drive deployment activities under section 131 of the 

20 Energy Independence and Security Act of 2007 (42 

21 U.S.C. 17011). 

22 (3) PHASE 1.— 

23 (A) IN GENERAL.—The Secretary shall es24 tablish a competitive process to select phase 1 

25 deployment communities for the Program. 


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1 (B) ELIGIBLE ENTITIES.—In selecting 

2 participants for the Program under paragraph 

3 (1), the Secretary shall only consider applica4 tions submitted by State, tribal, or local govern5 ment entities (or groups of State, tribal, or 

6 local government entities). 

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

8 after the date of enactment of this Act, the Sec9 retary shall select the phase 1 deployment com10 munities under this paragraph. 

11 (D) TERMINATION.—Phase 1 of the Pro12 gram shall be carried out for a 3-year period 

13 beginning on the date funding under this title 

14 is first provided to the deployment community. 

15 (4) PHASE 2.—Not later than 3 years after the 

16 date of enactment of this Act, the Secretary shall 

17 submit to Congress a report that analyzes the suc18 cess of phase 1 and, if, based on the phase 1 anal19 ysis, the Secretary determines that a phase 2 pro20 gram is warranted, makes recommendations and de21 scribes a plan for phase 2, including— 

22 (A) recommendations regarding— 

23 (i) the number of additional deploy24 ment communities that should be selected; 


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1 (ii) the manner in which criteria for 

2 selection should be updated; 

3 (iii) the manner in which incentive 

4 structures for phase 2 deployment should 

5 be changed; and 

6 (iv) whether other forms of onboard 

7 energy storage for electric drive vehicles, 

8 such as fuel cells, should be included in 

9 phase 2; and 

10 (B) a request for appropriations to imple11 ment phase 2 of the Program. 

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

13 (1) to facilitate the rapid deployment of plug14 in electric drive vehicles, including— 

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

16 electric drive vehicles in phase 1 in the deploy17 ment communities selected under paragraph 

18 (2); 

19 (B) the near-term achievement of signifi20 cant market penetration in deployment commu21 nities; and 

22 (C) the achievement of significant market 

23 penetration nationally; 

24 (2) to establish models for the rapid deployment 

25 of plug-in electric drive vehicles nationally, including 


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1 for the deployment of single-family and multifamily 

2 residential, workplace, and publicly available charg3 ing infrastructure; 

4 (3) to increase consumer knowledge and accept5 ance of plug-in electric drive vehicles; 

6 (4) to encourage the innovation and investment 

7 necessary to achieve mass market deployment of 

8 plug-in electric drive vehicles; 

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

10 electric drive vehicles into electricity distribution sys11 tems and the larger electric grid while maintaining 

12 or improving grid system performance and reli13 ability; 

14 (6) to demonstrate protocols and communica15 tion standards that facilitate vehicle integration into 

16 the grid and provide seamless charging for con17 sumers traveling through multiple utility distribution 

18 systems; 

19 (7) to investigate differences among deployment 

20 communities and to develop best practices for imple21 menting vehicle electrification in various commu22 nities, including best practices for planning for and 

23 facilitating the construction of residential, work24 place, and publicly available infrastructure to sup25 port plug-in electric drive vehicles; 


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1 (8) to collect comprehensive data on the pur2 chase and use of plug-in electric vehicles, including 

3 charging profile data at unit and aggregate levels, to 

4 inform best practices for rapidly deploying plug-in 

5 electric drive vehicles in other locations, including 

6 for the installation of charging infrastructure; 

7 (9) to reduce and displace petroleum use and 

8 reduce greenhouse gas emissions by accelerating the 

9 deployment of plug-in electric drive vehicles in the 

10 United States; and 

11 (10) to increase domestic manufacturing capac12 ity and commercialization in a manner that will es13 tablish the United States as a world leader in plug14 in electric drive vehicle technologies. 

15 (c) PHASE 1 DEPLOYMENT COMMUNITY SELECTION

16 CRITERIA.— 

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

18 to the maximum extent practicable, that selected de19 ployment communities in phase 1 serve as models of 

20 deployment for various communities across the 

21 United States. 

22 (2) SELECTION.—In selecting communities 

23 under this section, the Secretary— 

24 (A) shall ensure, to the maximum extent 

25 practicable, that— 


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1 (i) the combination of selected com2 munities is diverse in population density, 

3 demographics, urban and suburban com4 position, typical commuting patterns, cli5 mate, and type of utility (including inves6 tor-owned, publicly owned, cooperatively 

7 owned, distribution-only, and vertically in8 tegrated utilities); 

9 (ii) the combination of selected com10 munities is diverse in geographic distribu11 tion, and at least 1 deployment community 

12 is located in each Petroleum Administra13 tion for Defense District; 

14 (iii) at least 1 community selected has 

15 a population of less than 125,000; 

16 (iv) grants are of a sufficient amount 

17 such that each deployment community will 

18 achieve significant market penetration; and 

19 (v) the deployment communities are 

20 representative of other communities across 

21 the United States; 

22 (B) is encouraged to select a combination 

23 of deployment communities that includes mul24 tiple models or approaches for deploying plug25 in electric drive vehicles that the Secretary beVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 lieves are reasonably likely to be effective, in2 cluding multiple approaches to the deployment 

3 of charging infrastructure; 

4 (C) in addition to the criteria described in 

5 subparagraph (A), may give preference to appli6 cants proposing a greater non-Federal cost 

7 share; and 

8 (D) when considering deployment commu9 nity plans, shall take into account previous De10 partment of Energy and other Federal invest11 ments to ensure that the maximum domestic 

12 benefit from Federal investments is realized. 

13 (3) CRITERIA.— 

14 (A) IN GENERAL.—Not later than 120 

15 days after the date of enactment of this Act, 

16 and not later than 90 days after the date on 

17 which any subsequent amounts are appro18 priated for the Program, the Secretary shall 

19 publish criteria for the selection of deployment 

20 communities that include requirements that ap21 plications be submitted by a State, tribal, or 

22 local government entity (or groups of State, 

23 tribal, or local government entities). 

24 (B) APPLICATION REQUIREMENTS.—The 

25 criteria published by the Secretary under subVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 paragraph (A) shall include application require2 ments that, at a minimum, include— 

3 (i) goals for— 

4 (I) the number of plug-in electric 

5 drive vehicles to be deployed in the 

6 community; 

7 (II) the expected percentage of 

8 light-duty vehicle sales that would be 

9 sales of plug-in electric drive vehicles; 

10 and 

11 (III) the adoption of plug-in elec12 tric drive vehicles (including medium13 or heavy-duty vehicles) in private and 

14 public fleets during the 3-year dura15 tion of the Program; 

16 (ii) data that demonstrate that—— 

17 (I) the public is likely to embrace 

18 plug-in electric drive vehicles, which 

19 may include— 

20 (aa) the quantity of plug-in 

21 electric drive vehicles purchased; 

22 (bb) the number of individ23 uals on a waiting list to purchase 

24 a plug-in electric drive vehicle; 


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1 (cc) projections of the quan2 tity of plug-in electric drive vehi3 cles supplied to dealers; and 

4 (dd) any assessment of the 

5 quantity of charging infrastruc6 ture installed or for which per7 mits have been issued; and 

8 (II) automobile manufacturers 

9 and dealers will be able to provide and 

10 service the targeted number of plug-in 

11 electric drive vehicles in the commu12 nity for the duration of the program; 

13 (iii) clearly defined geographic bound14 aries of the proposed deployment area; 

15 (iv) a community deployment plan for 

16 the deployment of plug-in electric drive ve17 hicles, charging infrastructure, and serv18 ices in the deployment community; 

19 (v) assurances that a majority of the 

20 vehicle deployments anticipated in the plan 

21 will be for personal vehicles authorized to 

22 travel on the United States Federal-aid 

23 system of highways, and secondarily, pri24 vate, or public sector plug-in electric drive 

25 fleet vehicles, but may also include— 


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1 (I) medium- and heavy-duty hy2 brid vehicles; 

3 (II) low speed plug-in electric 

4 drive vehicles that meet Federal 

5 Motor Vehicle Safety Standards de6 scribed in section 571.500 of title 49, 

7 Code of Federal Regulations; and 

8 (III) any other plug-in electric 

9 drive vehicle authorized to travel on 

10 the United States Federal-aid system 

11 of highways; and 

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

13 determined by the Secretary. 

14 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

15 for the deployment of plug-in electric drive vehicles 

16 shall include— 

17 (A) a proposed level of cost sharing in ac18 cordance with subsection (d)(2)(C); 

19 (B) documentation demonstrating a sub20 stantial partnership with relevant stakeholders, 

21 including— 

22 (i) a list of stakeholders that in23 cludes— 


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1 (I) elected and appointed officials 

2 from each of the participating State, 

3 local, and tribal governments; 

4 (II) all relevant generators and 

5 distributors of electricity; 

6 (III) State utility regulatory au7 thorities; 

8 (IV) departments of public works 

9 and transportation; 

10 (V) owners and operators of 

11 property that will be essential to the 

12 deployment of a sufficient level of 

13 publicly available charging infrastruc14 ture (including privately owned park15 ing lots or structures and commercial 

16 entities with public access locations); 

17 (VI) plug-in electric drive vehicle 

18 manufacturers or retailers; 

19 (VII) third-party providers of 

20 residential, private, and publicly avail21 able charging infrastructure or serv22 ices; 

23 (VIII) owners of any major fleet 

24 that will participate in the program; 


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1 (IX) as appropriate, owners and 

2 operators of regional electric power 

3 distribution and transmission facili4 ties; and 

5 (X) as appropriate, other existing 

6 community coalitions recognized by 

7 the Department of Energy; 

8 (ii) evidence of the commitment of the 

9 stakeholders to participate in the partner10 ship; 

11 (iii) a clear description of the role and 

12 responsibilities of each stakeholder; and 

13 (iv) a plan for continuing the engage14 ment and participation of the stakeholders, 

15 as appropriate, throughout the implemen16 tation of the deployment plan; 

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

18 electric drive vehicles anticipated to be plug-in 

19 electric drive personal vehicles and the number 

20 of plug-in electric drive vehicles anticipated to 

21 be privately owned fleet or public fleet vehicles; 

22 (D) a plan for deploying residential, pri23 vate, and publicly available charging infrastruc24 ture, including— 


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1 (i) an assessment of the number of 

2 consumers who will have access to private 

3 residential charging infrastructure in sin4 gle-family or multifamily residences; 

5 (ii) options for accommodating plug-in 

6 electric drive vehicle owners who are not 

7 able to charge vehicles at their place of 

8 residence; 

9 (iii) an assessment of the number of 

10 consumers who will have access to work11 place charging infrastructure; 

12 (iv) a plan for ensuring that the 

13 charging infrastructure be able to send and 

14 receive the information needed to interact 

15 with the grid and be compatible with smart 

16 grid technologies to the extent feasible; 

17 (v) an estimate of the number and 

18 dispersion of publicly and privately owned 

19 charging stations that will be publicly or 

20 commercially available; 

21 (vi) an estimate of the quantity of 

22 charging infrastructure that will be pri23 vately funded or located on private prop24 erty; and 


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1 (vii) a description of equipment to be 

2 deployed, including assurances that, to the 

3 maximum extent practicable, equipment to 

4 be deployed will meet open, nonproprietary 

5 standards for connecting to plug-in electric 

6 drive vehicles that are either— 

7 (I) commonly accepted by indus8 try at the time the equipment is being 

9 acquired; or 

10 (II) meet the standards developed 

11 by the Director of the National Insti12 tute of Standards and Technology 

13 under section 1305 of the Energy 

14 Independence and Security Act of 

15 2007 (42 U.S.C. 17385); 

16 (E) a plan for effective marketing of and 

17 consumer education relating to plug-in electric 

18 drive vehicles, charging services, and infrastruc19 ture; 

20 (F) descriptions of updated building codes 

21 (or a plan to update building codes before or 

22 during the grant period) to include charging in23 frastructure or dedicated circuits for charging 

24 infrastructure, as appropriate, in new construc25 tion and major renovations; 


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1 (G) descriptions of updated construction 

2 permitting or inspection processes (or a plan to 

3 update construction permitting or inspection 

4 processes) to allow for expedited installation of 

5 charging infrastructure for purchasers of plug6 in electric drive vehicles, including a permitting 

7 process that allows a vehicle purchaser to have 

8 charging infrastructure installed in a timely 

9 manner; 

10 (H) descriptions of updated zoning, park11 ing rules, or other local ordinances as are nec12 essary to facilitate the installation of publicly 

13 available charging infrastructure and to allow 

14 for access to publicly available charging infra15 structure, as appropriate; 

16 (I) a plan to ensure that each resident in 

17 a deployment community who purchases and 

18 registers a new plug-in electric drive vehicle 

19 throughout the duration of the deployment com20 munity receives a minimum of $2,500 in con21 sumer benefits, in addition to any Federal in22 centives, that may include— 

23 (i) a rebate of part of the purchase 

24 price of the vehicle; 


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1 (ii) reductions in sales taxes or reg2 istration fees; 

3 (iii) rebates or reductions in the costs 

4 of permitting, purchasing, or installing 

5 home plug-in electric drive vehicle charging 

6 infrastructure; and 

7 (iv) rebates or reductions in State or 

8 local toll road access charges; 

9 (J) additional consumer benefits, such as 

10 preferred parking spaces or single-rider access 

11 to high-occupancy vehicle lanes for plug-in elec12 tric drive vehicles; 

13 (K) a proposed plan for making necessary 

14 utility and grid upgrades, including economi15 cally sound and cybersecure information tech16 nology upgrades and employee training, and a 

17 plan for recovering the cost of the upgrades; 

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

19 or third-party charging service provider, policies 

20 and plans for accommodating the deployment of 

21 plug-in electric drive vehicles, including— 

22 (i) rate structures or provisions and 

23 billing protocols for the charging of plug24 in electric drive vehicles; 


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1 (ii) analysis of potential impacts to 

2 the grid; 

3 (iii) plans for using information tech4 nology or third-party aggregators— 

5 (I) to minimize the effects of 

6 charging on peak loads; 

7 (II) to enhance reliability; and 

8 (III) to provide other grid bene9 fits; 

10 (iv) plans for working with smart grid 

11 technologies or third-party aggregators for 

12 the purposes of smart charging and for al13 lowing 2-way communication and elec14 tricity movement; 

15 (M) a deployment timeline; 

16 (N) a plan for monitoring and evaluating 

17 the implementation of the plan, including 

18 metrics for assessing the success of the deploy19 ment and an approach to updating the plan, as 

20 appropriate; and 

21 (O) a description of the manner in which 

22 any grant funds applied for under subsection 

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

24 share for the funds; 


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1 (P) a plan to ensure that transmission and 

2 distribution infrastructure investment costs are 

3 minimized for utility customers; 

4 (Q) a plan to encourage vehicle charging 

5 during off peak hours and to minimize the need 

6 for new electrical generating capacity builds; 

7 and 

8 (R) a plan to maximize the use of renew9 able energy in plug-in electric vehicle charging. 

10 (d) PHASE 1 APPLICATIONS AND GRANTS.— 

11 (1) APPLICATIONS.— 

12 (A) IN GENERAL.—Not later than 150 

13 days after the date of publication by the Sec14 retary of the selection criteria described in sub15 section (c)(3), any State, tribal, or local govern16 ment, or group of State, tribal, or local govern17 ments, may apply to the Secretary to become a 

18 deployment community. 

19 (B) JOINT SPONSORSHIP.— 

20 (i) IN GENERAL.—An application sub21 mitted under subparagraph (A) may be 

22 jointly sponsored by electric utilities, auto23 mobile manufacturers, technology pro24 viders, carsharing companies or organiza25 tions, third-party plug-in electric drive veVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 hicle service providers, or other appro2 priated entities. 

3 (ii) DISBURSEMENT OF GRANTS.—A 

4 grant provided under this subsection shall 

5 only be disbursed to a State, tribal, or 

6 local government, or group of State, tribal, 

7 or local governments, regardless of whether 

8 the application is jointly sponsored under 

9 clause (i). 

10 (2) GRANTS.— 

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

12 applicant may request up to $250,000,000 in fi13 nancial assistance from the Secretary to fund 

14 projects in the deployment community. 

15 (B) USE OF FUNDS.—Funds provided 

16 through a grant under this paragraph may be 

17 used to help implement the plan for the deploy18 ment of plug-in electric drive vehicles included 

19 in the application, including— 

20 (i) planning for and installing charg21 ing infrastructure, including offering addi22 tional incentives as described in subsection 

23 (c)(4)(I); 

24 (ii) updating building codes, zoning or 

25 parking rules, or permitting or inspection 


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1 processes as described in subparagraphs 

2 (F), (G), and (H) of subsection (c)(4); 

3 (iii) reducing the cost and increasing 

4 the consumer adoption of plug-in electric 

5 drive vehicles through incentives as de6 scribed in subsection (c)(4)(I); 

7 (iv) workforce training, including 

8 training of permitting officials; 

9 (v) public education and marketing 

10 described in the proposed marketing plan; 

11 (vi) shifting State, tribal, or local gov12 ernment fleets to plug-in electric drive ve13 hicles, at a rate in excess of the existing al14 ternative fueled fleet vehicle acquisition re15 quirements for Federal fleets under section 

16 303(b)(1)(D) of the Energy Policy Act of 

17 1992 (42 U.S.C. 13212(b)(1)(D)); and 

18 (vii) necessary utility and grid up19 grades as described in subsection 

20 (c)(4)(K); 

21 (C) COST-SHARING.— 

22 (i) IN GENERAL.—A grant provided 

23 under this paragraph shall be subject to a 

24 minimum non-Federal cost-sharing re25 quirement of 20 percent. 


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1 (ii) NON-FEDERAL SOURCES.—The 

2 Secretary shall— 

3 (I) determine the appropriate 

4 cost share for each selected applicant; 

5 and 

6 (II) require that not less than 20 

7 percent of the cost of an activity fund8 ed by a grant under this paragraph be 

9 provided by a non-Federal source. 

10 (iii) REDUCTION.—The Secretary may 

11 reduce or eliminate the cost-sharing re12 quirement described in clause (i), as the 

13 Secretary determines to be necessary. 

14 (iv) CALCULATION OF AMOUNT.—In 

15 calculating the amount of the non-Federal 

16 share under this section, the Secretary— 

17 (I) may include allowable costs in 

18 accordance with the applicable cost 

19 principles, including— 

20 (aa) cash; 

21 (bb) personnel costs; 

22 (cc) the value of a service, 

23 other resource, or third-party in24 kind contribution determined in 

25 accordance with the applicable 


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1 circular of the Office of Manage2 ment and Budget; 

3 (dd) indirect costs or facili4 ties and administrative costs; or 

5 (ee) any funds received 

6 under the power program of the 

7 Tennessee Valley Authority or 

8 any Power Marketing Adminis9 tration (except to the extent that 

10 such funds are made available 

11 under an annual appropriation 

12 Act); 

13 (II) shall include contributions 

14 made by State, tribal, or local govern15 ment entities and private entities; and 

16 (III) shall not include— 

17 (aa) revenues or royalties 

18 from the prospective operation of 

19 an activity beyond the time con20 sidered in the grant; 

21 (bb) proceeds from the pro22 spective sale of an asset of an ac23 tivity; or 

24 (cc) other appropriated Fed25 eral funds. 


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1 (v) REPAYMENT OF FEDERAL

2 SHARE.—The Secretary shall not require 

3 repayment of the Federal share of a cost4 shared activity under this section as a con5 dition of providing a grant. 

6 (vi) TITLE TO PROPERTY.—The Sec7 retary may vest title or other property in8 terests acquired under projects funded 

9 under this Act in any entity, including the 

10 United States. 

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

12 the application deadline established under paragraph 

13 (1), the Secretary shall announce the names of the 

14 deployment communities selected under this sub15 section. 

16 (e) REPORTING REQUIREMENTS.— 

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with the Committee, shall— 

19 (A) determine what data will be required 

20 to be collected by participants in deployment 

21 communities and submitted to the Department 

22 to allow for analysis of the deployment commu23 nities; 

24 (B) provide for the protection of consumer 

25 privacy, as appropriate; and 


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1 (C) develop metrics to determine the suc2 cess of the deployment communities. 

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

4 participation in the Program, a deployment commu5 nity shall provide any data identified by the Sec6 retary under paragraph (1). 

7 (3) REPORTS.—Not later than 3 years after the 

8 date of enactment of this Act and again after the 

9 completion of the Program, the Secretary shall sub10 mit to Congress a report that contains— 

11 (A) a description of the status of— 

12 (i) the deployment communities and 

13 the implementation of the deployment plan 

14 of each deployment community; 

15 (ii) the rate of vehicle manufacturing 

16 deployment and market penetration of 

17 plug-in electric drive vehicles; and 

18 (iii) the deployment of residential and 

19 publicly available infrastructure; 

20 (B) a description of the challenges experi21 enced and lessons learned from the program to 

22 date, including the activities described in sub23 paragraph (A); and 

24 (C) an analysis of the data collected under 

25 this subsection. 


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1 (f) PROPRIETARY INFORMATION.—The Secretary 

2 shall, as appropriate, provide for the protection of propri3 etary information and intellectual property rights. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $2,000,002,000. 

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

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

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

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

11 State’’; and 

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

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

14 State’’. 

15 SEC. 308. MODIFICATIONS TO TAX CREDITS. 

16 (a) CREDIT FOR NEW QUALIFIED PLUG-IN ELEC17 TRIC DRIVE MOTOR VEHICLES.— 

18 (1) TRANSFERABILITY.— 

19 (A) IN GENERAL.—Subsection (c) of sec20 tion 30D of the Internal Revenue Code of 1986 

21 is amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(3) REFUNDABLE PERSONAL CREDIT.— 

24 ‘‘(A) IN GENERAL.—For purposes of this 

25 title, in the case of a qualified deployment comVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 munity taxpayer, the credit allowed under sub2 section (a) for any taxable year (determined 

3 after application of paragraph (1) and without 

4 regard to paragraph (2)(B)) shall be treated as 

5 a credit allowable under subpart C for such tax6 able year (and not allowed under subsection 

7 (a)), and paragraph (2) shall not apply to such 

8 credit. 

9 ‘‘(B) QUALIFIED DEPLOYMENT COMMU10 NITY TAXPAYER.—For purposes of subpara11 graph (A), the term ‘qualified deployment com12 munity taxpayer’ means a taxpayer— 

13 ‘‘(i) who purchases a new qualified 

14 plug-in electric drive motor vehicle to 

15 which paragraph (1) does not apply, and 

16 ‘‘(ii) who resides within, and registers 

17 such vehicle in, a deployment community 

18 selected by the Secretary under the Tar19 geted Electric Vehicles Deployment Com20 munities Program under section 307 of the 

21 Oil Independence for a Stronger America 

22 Act of 2010. 

23 For purposes of the preceding sentence, such a 

24 deployment community shall only be treated as 

25 a deployment community after the date on 


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1 which such community is so selected (without 

2 regard to the date on which any funds under 

3 such Act are provided with respect to such com4 munity) and before the date on which Phase 1 

5 of such program terminates. 

6 ‘‘(C) REFUNDABLE CREDIT MAY BE

7 TRANSFERRED.— 

8 ‘‘(i) IN GENERAL.—A qualified de9 ployment community taxpayer may, in con10 nection with the purchase of a new quali11 fied plug-in electric drive motor vehicle, 

12 transfer any refundable credit described in 

13 subparagraph (A)— 

14 ‘‘(I) to any person who is in the 

15 trade or business of selling new quali16 fied plug-in electric drive motor vehi17 cles and who sold such vehicle to the 

18 taxpayer, or 

19 ‘‘(II) to any person who is in the 

20 trade or business of financing the 

21 sales of new qualified plug-in electric 

22 drive motor vehicles and who financed 

23 the taxpayer’s purchase of such vehi24 cle. 


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1 ‘‘(ii) DISCLOSURE.—A qualified de2 ployment community taxpayer may trans3 fer a refundable credit described in sub4 paragraph (A) to a person described in 

5 clause (i)(I) only if such person clearly dis6 closes to such taxpayer, through the use of 

7 a window sticker attached to the new 

8 qualified plug-in electric drive motor vehi9 cle— 

10 ‘‘(I) the amount of the refund11 able credit described in subparagraph 

12 (A) with respect to such vehicle, and 

13 ‘‘(II) a notification that the tax14 payer will not be eligible for any cred15 it under any other section of this title 

16 with respect to such vehicle unless the 

17 taxpayer elects not to have this sec18 tion apply with respect to such vehi19 cle. 

20 ‘‘(iii) CERTIFICATION.—A transferee 

21 of a refundable credit described in sub22 paragraph (A) may not claim such credit 

23 unless such claim is accompanied by a cer24 tification to the Secretary that the trans25 feree reduced the price the taxpayer paid 


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1 or the balance due to the financier, which2 ever is applicable, for the new qualified 

3 plug-in electric drive motor vehicle by the 

4 entire amount of such refundable credit. 

5 ‘‘(iv) CONSENT REQUIRED FOR REV6 OCATION.—Any transfer under clause (i) 

7 may be revoked only with the consent of 

8 the Secretary. 

9 ‘‘(v) SPECIAL RULE FOR BULK PUR10 CHASERS.—A qualified deployment com11 munity taxpayer who purchases 10 or more 

12 new qualified plug-in electric drive motor 

13 vehicles during the taxable year may trans14 fer a refundable credit described in sub15 paragraph (A) to any person. 

16 ‘‘(vi) REGULATIONS.—The Secretary 

17 may prescribe such regulations as nec18 essary— 

19 ‘‘(I) to ensure that any refund20 able credit described in clause (i) is 

21 claimed once and not retransferred by 

22 a transferee, and 

23 ‘‘(II) to provide a mechanism by 

24 which the transferee may claim and 

25 receive the credit within 3 months of 


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1 the sale of the new qualified plug-in 

2 electric drive motor vehicle.’’. 

3 (B) DISPLAY OF CREDIT INFORMATION.— 

4 Section 32908(b)(1) of title 49, United States 

5 Code, is amended— 

6 (i) by redesignating subparagraphs 

7 (E) and (F) as subparagraphs (F) and 

8 (G); and 

9 (ii) by inserting after subparagraph 

10 (D) the following new subparagraph: 

11 ‘‘(E) the amount of the new qualified plug12 in electric drive motor vehicle credit allowable 

13 with respect to the sale of the automobile under 

14 section 30D of the Internal Revenue Code of 

15 1986 (26 U.S.C. 30D).’’. 

16 (2) INCREASED CREDIT FOR TAXPAYERS IN DE17 PLOYMENT COMMUNITIES.—Subsection (f) of section 

18 30D of such Code is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(8) INCREASED CREDIT FOR TAXPAYERS IN

21 DEPLOYMENT COMMUNITIES.—In the case of a 

22 qualified deployment community taxpayer (within 

23 the meaning of subsection (c)(3)(B)), subsection 

24 (b)(2) shall be applied by substituting ‘$5,000’ for 

25 ‘$2,500’.’’. 


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1 (3) INCREASED PER MANUFACTURER CAP.— 

2 Paragraph (2) of section 30D(e) of such Code is 

3 amended by striking ‘‘200,000’’ and inserting 

4 ‘‘300,000’’. 

5 (4) EXTENSION AND MODIFICATION OF NEW

6 QUALIFIED HYBRID MOTOR VEHICLE CREDIT.— 

7 (A) EXTENSION.—Paragraph (3) of sec8 tion 30B(k) of such Code is amended by strik9 ing ‘‘December 31, 2009’’ and inserting ‘‘De10 cember 31, 2016’’. 

11 (B) QUALIFIED INCREMENTAL HYBRID

12 COST.—Clause (iii) of section 30B(d)(2)(B) of 

13 such Code is amended by striking ‘‘does not ex14 ceed—’’ and all that follows and inserting ‘‘does 

15 not exceed— 

16 ‘‘(I) $15,000, if such vehicle has 

17 a gross vehicle weight rating of not 

18 more than 14,000 pounds, 

19 ‘‘(II) $30,000, if such vehicle has 

20 a gross vehicle weight rating of more 

21 than 14,000 pounds but not more 

22 than 26,000 pounds, 

23 ‘‘(III) $60,000, if such vehicle 

24 has a gross vehicle weight rating of 


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1 more than 26,000 pounds but not 

2 more than 33,000 pounds, and 

3 ‘‘(IV) $100,000, if such vehicle 

4 has a gross vehicle weight rating of 

5 more than 33,000 pounds.’’. 

6 (C) APPLICABLE PERCENTAGE FOR HEAVY

7 TRUCKS ACHIEVING 20 PERCENT INCREASE IN

8 CITY FUEL ECONOMY.—Clause (ii) of section 

9 30B(d)(2)(B) of such Code is amended by re10 designating subclauses (I), (II), and (III) as 

11 subclauses (II), (III), and (IV), respectively, 

12 and by inserting before subclause (II) (as so re13 designated) the following new subclause: 

14 ‘‘(I) 10 percent in the case of a vehicle to 

15 which clause (iii)(IV) applies if such vehicle 

16 achieves an increase in city fuel economy rel17 ative to a comparable vehicle of at least 20 per18 cent but less than 30 percent.’’. 

19 (D) DOLLAR LIMITATION.—Subparagraph 

20 (B) of section 30B(d)(2) of such Code is 

21 amended by adding at the end the following 

22 new clause: 

23 ‘‘(vi) LIMITATION.—The amount al24 lowed as a credit under subsection (a)(3) 

25 with respect to a vehicle by reason of 


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1 clause (i) of this subparagraph shall not 

2 exceed $24,000.’’. 

3 (E) HEAVY ELECTRIC VEHICLES.—Para4 graph (3) of section 30B(d) of such Code is 

5 amended by redesignating subparagraphs (B), 

6 (C), and (D) as subparagraphs (C), (D), and 

7 (E), respectively, and by inserting after sub8 paragraph (A) the following new subparagraph: 

9 ‘‘(B) HEAVY ELECTRIC VEHICLES.—In the 

10 case of a vehicle with a gross vehicle weight rat11 ing of not less than 8,500 pounds, the term 

12 ‘new qualified hybrid motor vehicle’ includes a 

13 motor vehicle— 

14 ‘‘(i) which draws propulsion energy 

15 exclusively from a rechargeable energy 

16 storage system, and 

17 ‘‘(ii) which meets the requirements of 

18 clauses (iii), (v), (vi), and (vii) of subpara19 graph (A).’’. 

20 (F) CREDITS MAY BE TRANSFERRED.— 

21 Subsection (d) of section 30B of such Code is 

22 amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(4) TRANSFERABILITY OF CREDIT.— 


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1 ‘‘(A) IN GENERAL.—A taxpayer who places 

2 in service any vehicle may transfer the credit al3 lowed under this subsection with respect to 

4 such vehicle through an assignment to the seller 

5 of such vehicle. Such transfer may be revoked 

6 only with the consent of the Secretary. 

7 ‘‘(B) REGULATIONS.—The Secretary shall 

8 prescribe such regulations as necessary to en9 sure that any credit transferred under subpara10 graph (A) is claimed once and not reassigned 

11 by such other person.’’. 

12 (b) CREDIT FOR ALTERNATIVE FUEL VEHICLE RE13 FUELING PROPERTY.— 

14 (1) EXTENSION OF INCREASED CREDIT FOR

15 ELECTRICITY.— 

16 (A) IN GENERAL.—Paragraph (6) of sec17 tion 30C(e) of such Code is amended— 

18 (i) by striking ‘‘DURING 2009 AND

19 2010’’ in the heading and inserting ‘‘DUR20 ING CERTAIN TAXABLE YEARS’’; 

21 (ii) by striking ‘‘and before January 

22 1, 2011’’; 

23 (iii) by inserting ‘‘, which is placed in 

24 service before January 1, 2011 (before 

25 January 1, 2017, in the case of property 


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1 which relates to electricity)’’ after ‘‘hydro2 gen’’ in subparagraph (A); and 

3 (iv) by inserting ‘‘, which is placed in 

4 service before January 1, 2011’’ after ‘‘hy5 drogen’’ in subparagraph (B). 

6 (B) EXTENSION OF CREDIT.—Subsection 

7 (g) of section 30C of such Code is amended— 

8 (i) by striking ‘‘and’’ at the end of 

9 paragraph (1); 

10 (ii) by redesignating paragraph (2) as 

11 paragraph (3); and 

12 (iii) by inserting after paragraph (1) 

13 the following new paragraph: 

14 ‘‘(2) in the case of property relating to elec15 tricity, after December 31, 2016, and’’. 

16 (2) MODIFICATION OF COST PROVISIONS.—Sub17 section (e) of section 30C of such Code is amended 

18 by adding at the end the following new paragraph: 

19 ‘‘(7) INSTALLATION OF ELECTRICITY PROP20 ERTY.—In the case of any qualified alternative fuel 

21 vehicle refueling property which relates to electricity, 

22 for purposes of subsection (a), the cost of such prop23 erty shall include the cost of the original installation 

24 of such property.’’. 


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1 (3) TRANSFERABILITY OF CREDIT.—Section 

2 30C(e) of such Code, as amended by paragraph (2), 

3 is amended by adding at the end the following new 

4 paragraph: 

5 ‘‘(8) TRANSFERABILITY OF CREDIT.— 

6 ‘‘(A) IN GENERAL.—A person who places 

7 any qualified alternative fuel vehicle refueling 

8 property in service may transfer the credit 

9 under this section through an assignment to 

10 any other person. Such transfer may be revoked 

11 only with the consent of the Secretary. 

12 ‘‘(B) CERTIFICATION.—A transferee of a 

13 credit described in subparagraph (A) may not 

14 claim such credit unless such claim is accom15 panied by a certification to the Secretary that 

16 the transferee reduced the price the transferor 

17 paid for the qualified alternative fuel vehicle re18 fueling property by the entire amount of such 

19 credit. 

20 ‘‘(C) REGULATIONS.—The Secretary shall 

21 prescribe such regulations as necessary to en22 sure that the credit transferred under subpara23 graph (A) is claimed once and not reassigned 

24 by such other person.’’. 


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

2 this section shall apply to property placed in service after 

3 the date of the enactment of this Act. 

4 SEC. 309. QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VE5 HICLE REFUELING PROPERTY BONDS. 

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

7 of the Internal Revenue Code of 1986 is amended— 

8 (1) by striking ‘‘or’’ at the end of subparagraph 

9 (D); 

10 (2) by inserting ‘‘or’’ at the end of subpara11 graph (E); and 

12 (3) by inserting after subparagraph (E) the fol13 lowing new subparagraph: 

14 ‘‘(F) a qualified plug-in electric drive 

15 motor vehicle refueling property bond,’’. 

16 (b) QUALIFIED PURPOSE.—Subparagraph (C) of sec17 tion 54A(d)(2) of such Code is amended— 

18 (1) by striking ‘‘and’’ at the end of clause (iv); 

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

20 (v) and inserting ‘‘, and’’; and 

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

22 clause: 

23 ‘‘(vi) in the case of a qualified plug24 in electric drive motor vehicle refueling 


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1 property bond, a purpose specified in sec2 tion 54G(a)(1).’’. 

3 (c) BONDS ALLOWED.—Subpart I of part IV of sub4 chapter A of chapter 1 of such Code is amended by adding 

5 at the end the following new section: 

6 ‘‘SEC. 54G. QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 

7 VEHICLE REFUELING PROPERTY BONDS. 

8 ‘‘(a) QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR

9 VEHICLE REFUELING PROPERTY BOND.—For purposes 

10 of this subpart, the term ‘qualified plug-in electric drive 

11 motor vehicle refueling property bond’ means any bond 

12 issued as part of an issue if— 

13 ‘‘(1) 100 percent of the available project pro14 ceeds of such issue are to be used for capital expend15 itures incurred by a qualified issuer for 1 or more 

16 qualified plug-in electric drive motor vehicle refuel17 ing properties, 

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

19 and 

20 ‘‘(3) the issuer designates such bond for pur21 poses of this section. 

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

23 paragraph (2) of section 54A(b), the annual credit deter24 mined with respect to any qualified plug-in electric drive 

25 motor vehicle refueling property bond is 70 percent of the 


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1 amount which would (but for this subsection) otherwise 

2 be determined under such paragraph with respect to such 

3 bond. 

4 ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES5 IGNATED.—The maximum aggregate face amount of 

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

7 any issuer shall not exceed the limitation amount allocated 

8 to such issuer under subsection (e). 

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

10 DESIGNATED.—There is a national qualified plug-in elec11 tric drive motor vehicle refueling property bond limitation 

12 of $1,000,000,000. 

13 ‘‘(e) ALLOCATIONS.—The Secretary shall make allo14 cations of the amount of the national qualified plug-in 

15 electric drive motor vehicle refueling property bond limita16 tion described in subsection (d) among purposes described 

17 in subsection (a)(1) in such manner as the Secretary de18 termines appropriate. 

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

20 ‘‘(1) QUALIFIED PLUG-IN ELECTRIC DRIVE

21 MOTOR VEHICLE REFUELING PROPERTY.—The term 

22 ‘qualified plug-in electric drive motor vehicle refuel23 ing property’ means any qualified alternative fuel ve24 hicle refueling property (within the meaning of sec25 tion 30C) which relates to electricity. 


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1 ‘‘(2) QUALIFIED ISSUER.— 

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

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

5 ‘‘(B) DENIAL OF DOUBLE BENEFIT.—With 

6 respect to any issue, the term ‘qualified issuer’ 

7 shall not include any entity to which a credit 

8 under section 30C is allowed for the taxable 

9 year in which such issue is issued. 

10 ‘‘(C) GOVERNMENTAL BODY.—The term 

11 ‘governmental body’ means any State or Indian 

12 tribal government, or any political subdivision 

13 thereof. 

14 ‘‘(D) PUBLIC POWER PROVIDER.—The 

15 term ‘public power provider’ means a State util16 ity that has a service obligation to end-users or 

17 to a distribution utility (within the meaning of 

18 section 217 of the Federal Power Act, as in ef19 fect on the date of the enactment of this sec20 tion). 

21 ‘‘(E) COOPERATIVE ELECTRIC COMPANY.— 

22 The term ‘cooperative electric company’ means 

23 a mutual or cooperative electric company de24 scribed in section 501(c)(12) or an organization 

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


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

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

3 such Code is amended by adding at the end the following 

4 new item: 

‘‘Sec. 54G. Qualified plug-in electric drive motor vehicle refueling property 

bonds.’’. 

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

6 subsections (a), (b), (c), and (d) shall apply to obligations 

7 issued after the date of the enactment of this Act. 

8 (f) LOAN GUARANTEES.— 

9 (1) IN GENERAL.—Section 1705 of the Energy 

10 Policy Act of 2005 (42 U.S.C. 16516) is amended— 

11 (A) in subsection (a), by adding at the end 

12 the following: 

13 ‘‘(4) Charging infrastructure and networks of 

14 charging infrastructure for plug-in drive electric ve15 hicles, if such charging infrastructure will be oper16 ational prior to December 31, 2016.’’; and 

17 (B) by striking subsection (e) and insert18 ing the following: 

19 ‘‘(e) SUNSET.—The authority to enter into guaran20 tees under this section shall expire on September 30, 

21 2011, except that for projects described in subsection 

22 (a)(4), the authority to enter into guarantees shall expire 

23 on December 31, 2016.’’. 


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1 SEC. 310. UTILITY PLANNING FOR PLUG-IN ELECTRIC 

2 DRIVE VEHICLES. 

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

4 Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amend5 ed— 

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

7 adding at the end the following: 

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

9 PLANNING.— 

10 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC11 TRIC DRIVE VEHICLES.— 

12 ‘‘(i) IN GENERAL.—Each electric util13 ity shall develop a plan to support the use 

14 of plug-in electric drive vehicles, including 

15 medium- and heavy-duty hybrid electric ve16 hicles in the service area of the electric 

17 utility. 

18 ‘‘(ii) REQUIREMENTS.—A plan under 

19 clause (i) shall investigate— 

20 ‘‘(I) various levels of potential 

21 penetration of plug-in electric drive 

22 vehicles in the utility service area; 

23 ‘‘(II) the potential impacts that 

24 the various levels of penetration and 

25 charging scenarios (including charging 

26 rates and daily hours of charging) 


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1 would have on generation, distribution 

2 infrastructure, and the operation of 

3 the transmission grid; and 

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

5 providing reliable and economical 

6 charging services. 

7 ‘‘(iii) WAIVER.—An electric utility 

8 that determines that the electric utility will 

9 have no meaningful penetration of plug-in 

10 electric drive vehicles during the 5-year pe11 riod beginning on the date of enactment of 

12 this paragraph may petition the Secretary 

13 to waive clause (i) for 5 years. 

14 ‘‘(iv) UPDATES.— 

15 ‘‘(I) IN GENERAL.—Each electric 

16 utility shall update the plan of the 

17 electric utility every 5 years. 

18 ‘‘(II) RESUBMISSION OF WAIV19 ER.—An electric utility that received a 

20 waiver under clause (iii) and wants 

21 the waiver to continue after the expi22 ration of the waiver shall resubmit the 

23 waiver. 

24 ‘‘(v) EXEMPTION.—If the Secretary 

25 determines that a plan required by a State 


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1 regulatory authority meets the require2 ments of this paragraph, the Secretary 

3 may accept that plan and exempt the elec4 tric utility submitting the plan from the re5 quirements of clause (i). 

6 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

7 State regulatory authority (in the case of each 

8 electric utility for which the authority has rate9 making authority) and each nonregulated utility 

10 shall— 

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

12 the deployment of recharging infrastruc13 ture in communities located in the foot14 print of the authority or utility; 

15 ‘‘(ii) require that charging infrastruc16 ture deployed be interoperable with prod17 ucts of all auto manufacturers to the max18 imum extent practicable; and 

19 ‘‘(iii) consider adopting minimum re20 quirements for deployment of electrical 

21 charging infrastructure and other appro22 priate requirements necessary to support 

23 the use of plug-in electric drive vehicles. 

24 ‘‘(C) COST RECOVERY.—Each State regu25 latory authority (in the case of each electric 


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1 utility for which the authority has ratemaking 

2 authority) and each nonregulated utility may 

3 consider whether, and to what extent, to allow 

4 cost recovery for plans and implementation of 

5 plans.’’; 

6 (2) in section 112(b) (16 U.S.C. 2622(b), by 

7 adding at the end the following: 

8 ‘‘(7)(A) Not later than 2 years after the date 

9 of enactment of this paragraph, each State regu10 latory authority (with respect to each electric utility 

11 for which it has ratemaking authority) and each 

12 nonregulated utility shall commence the consider13 ation referred to in section 111, or set a hearing 

14 date for consideration, with respect to the standards 

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

16 ‘‘(B) Not later than 3 years after the date of 

17 the enactment of this paragraph, each State regu18 latory authority (with respect to each electric utility 

19 for which it has ratemaking authority), and each 

20 nonregulated electric utility, shall complete the con21 sideration, and shall make the determination, re22 ferred to in section 111 with respect to the stand23 ards established by paragraph (20) of section 

24 111(d).’’; 

25 (3) in section 112(c) (16 U.S.C. 2622(c))— 


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

2 State’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—Each State’’; 

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

5 the case’’ and inserting the following: 

6 ‘‘(2) SPECIFIC STANDARDS.— 

7 ‘‘(A) NET METERING AND FOSSIL FUEL

8 GENERATION EFFICIENCY.—In the case’’; 

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

10 the case’’ and inserting the following: 

11 ‘‘(B) TIME-BASED METERING AND COMMU12 NICATIONS.—In the case’’; 

13 (D) in the fourth sentence— 

14 (i) by striking ‘‘In the case’’ and in15 serting the following: 

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

17 and 

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

19 inserting ‘‘paragraph (15) of section 

20 111(d)’’; 

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

22 the case’’ and inserting the following: 

23 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

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1 VESTMENTS, SMART GRID INFORMATION.—In 

2 the case’’; and 

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

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

5 PLANNING.—In the case of the standards estab6 lished by paragraph (20) of section 111(d), the 

7 reference contained in this subsection to the 

8 date of enactment of this Act shall be deemed 

9 to be a reference to the date of enactment of 

10 that paragraph.’’; and 

11 (4) in section 112(d) (16 U.S.C. 2622(d)), in 

12 the matter preceding paragraph (1), by striking 

13 ‘‘(19)’’ and inserting ‘‘(20)’’. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—The Secretary, in consulta16 tion with the Technical Advisory Committee, shall 

17 convene a group of utility stakeholders, charging in18 frastructure providers, third-party aggregators, and 

19 others, as appropriate, to discuss and determine the 

20 potential models for the technically and logistically 

21 challenging issues involved in using electricity as a 

22 fuel for vehicles, including— 

23 (A) accommodation for billing for charging 

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


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1 and at publicly available charging infrastruc2 ture; 

3 (B) plans for anticipating vehicle to grid 

4 applications that will allow batteries in cars as 

5 well as banks of batteries to be used for grid 

6 storage, ancillary services provision, and backup 

7 power; 

8 (C) integration of plug-in electric drive ve9 hicles with smart grid, including protocols and 

10 standards, necessary equipment, and informa11 tion technology systems; and 

12 (D) any other barriers to installing suffi13 cient and appropriate charging infrastructure. 

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

15 date of enactment of this Act, and biennially there16 after, the Secretary shall submit to the appropriate 

17 committees of Congress a report that includes infor18 mation on— 

19 (A) the issues and model solutions de20 scribed in paragraph (1); and 

21 (B) any other issues that the Task Force 

22 and Secretary determine to be appropriate 

23 SEC. 311. FEDERAL FLEETS. 

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

25 agencies to fuel plug-in electric drive vehicles— 


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

2 301 of the Energy Policy Act of 1992 (42 U.S.C. 

3 13218)); and 

4 (2) shall be accounted for under Federal fleet 

5 management reporting requirements, not under Fed6 eral building management reporting requirements. 

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

8 days after the date of enactment of this Act, and every 

9 3 years thereafter, the Federal Energy Management Pro10 gram and the General Services Administration, in con11 sultation with the Task Force, shall complete an assess12 ment of Federal Government fleets, including the Postal 

13 Service and the Department of Defense, and submit a re14 port to Congress that describes— 

15 (1) for each Federal agency, which types of ve16 hicles the agency uses that would or would not be 

17 suitable for near-term and medium-term conversion 

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

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

20 vehicles could provide comparable functionality and 

21 lifecycle costs; 

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

23 could be deployed by the Federal Government in 5 

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

25 drive vehicles are available and are purchased when 


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1 new vehicles are needed or existing vehicles are re2 placed; 

3 (3) the estimated cost to the Federal Govern4 ment for vehicle purchases under paragraph (2) for 

5 each fiscal year; and 

6 (4) a description of any updates to the assess7 ment and plan based on new market data. 

8 (c) INVENTORY AND DATA COLLECTION.— 

9 (1) IN GENERAL.—In carrying out the assess10 ment and report under subsection (b), the Federal 

11 Energy Management Program, in consultation with 

12 the General Services Administration, shall— 

13 (A) develop an information request for 

14 each agency that operates a fleet of at least 20 

15 motor vehicles; and 

16 (B) establish guidelines for each agency to 

17 use in developing a plan to deploy plug-in elec18 tric drive vehicles. 

19 (2) AGENCY RESPONSES.—Each agency that 

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

21 (A) collect information on the vehicle fleet 

22 of the agency in response to the information re23 quest described in paragraph (1); and 

24 (B) develop a plan to deploy plug-in elec25 tric drive vehicles. 


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1 (3) ANALYSIS OF RESPONSES.—The Federal 

2 Energy Management Program shall— 

3 (A) analyze the information submitted by 

4 each agency under paragraph (2); 

5 (B) approve or suggest amendments to the 

6 plan of each agency to ensure that the plan is 

7 consistent with the goals and requirements of 

8 this title; and 

9 (C) submit a plan to Congress and the 

10 General Services Administration to be used in 

11 developing the pilot program described in sub12 section (e). 

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

14 Government shall include plug-in electric drive vehicle pur15 chases identified in the report under subsection (b) in the 

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

17 United States Government submitted by the President 

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

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

20 DRIVE VEHICLES IN THE FEDERAL FLEET.— 

21 (1) IN GENERAL.—The Administrator of Gen22 eral Services shall acquire plug-in electric drive vehi23 cles and the requisite charging infrastructure to be 

24 deployed in a range of locations in the Federal fleet 


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1 during the 5-year period beginning on the date of 

2 enactment of this Act. 

3 (2) DATA COLLECTION.—The Administrator of 

4 General Services shall collect data regarding— 

5 (A) the cost, performance, and use of plug6 in electric drive vehicles in the Federal fleet; 

7 (B) the deployment and integration of 

8 plug-in electric drive vehicles in the Federal 

9 fleet; and 

10 (C) the contribution of plug-in electric 

11 drive vehicles in the Federal fleet toward reduc12 ing the use of fossil fuels and greenhouse gas 

13 emissions. 

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

15 date of enactment of this Act, the Administrator of 

16 General Services shall submit to the appropriate 

17 committees of Congress a report that— 

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

19 drive vehicles in the Federal fleet; and 

20 (B) includes an analysis of the data col21 lected under this subsection. 

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

23 Management Program shall maintain and regularly 

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1 formation on the status of plug-in electric vehicles in 

2 the Federal fleet. 

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

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

5 amended by adding at the end the following: 

6 ‘‘(5) PRIORITY.—The Secretary, to the max7 imum extent practicable, shall prioritize the acquisi8 tion of plug-in electric drive vehicles (as defined in 

9 section 131(a) of the Energy Independence and Se10 curity Act of 2007 (42 U.S.C. 17011(a)) over non11 electric alternative fueled vehicles.’’. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated for the Federal Government 

14 to pay for incremental costs to purchase or lease plug15 in electric drive vehicles and the requisite charging infra16 structure for Federal fleets $25,000,000. 

17 SEC. 312. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

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

19 date of enactment of this Act, as part of the program de20 scribed in section 1008 of the Energy Policy Act of 2005 

21 (42 U.S.C. 16396), the Secretary shall establish the Ad22 vanced Batteries for Tomorrow Prize to competitively 

23 award cash prizes in accordance with this section to ad24 vance the research, development, demonstration, and com25 mercial application of a 500-mile vehicle battery. 


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1 (b) BATTERY SPECIFICATIONS.— 

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

3 a battery submitted by an entrant shall be— 

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

5 vehicle authorized to travel on the United 

6 States Federal-aid system of highways for at 

7 least 500 miles before recharging; 

8 (B) of a size that would not be cost-prohib9 itive or create space constraints, if mass-pro10 duced; and 

11 (C) cost-effective (measured in cost per kil12 owatt hour), if mass-produced. 

13 (2) ADDITIONAL REQUIREMENTS.—The Sec14 retary, in consultation with the Committee, shall es15 tablish any additional battery specifications that the 

16 Secretary and the Committee determine to be nec17 essary. 

18 (c) PRIVATE FUNDS.— 

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

20 and notwithstanding section 3302 of title 31, United 

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

22 use funds contributed by any person, government 

23 entity, or organization for purposes of carrying out 

24 this subsection— 

25 (A) without further appropriation; and 


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1 (B) without fiscal year limitation. 

2 (2) RESTRICTION ON PARTICIPATION.—An enti3 ty providing private funds for the Prize may not 

4 participate in the competition for the Prize. 

5 (d) TECHNICAL REVIEW.—The Secretary, in con6 sultation with the Committee, shall establish a technical 

7 review committee composed of non-Federal officers to re8 view data submitted by Prize entrants under this section 

9 and determine whether the data meets the prize specifica10 tions described in subsection (b). 

11 (e) THIRD-PARTY ADMINISTRATION.—The Secretary 

12 may select, on a competitive basis, a third party to admin13 ister awards provided under this section. 

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

15 this section— 

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

17 shall be incorporated in and maintain a primary 

18 place of business in the United States; and 

19 (2) in the case of an individual (whether par20 ticipating as a single individual or in a group), the 

21 individual shall be a citizen or lawful permanent 

22 resident of the United States. 

23 (g) AWARD AMOUNTS.— 


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

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

3 Prize shall be $10,000,000. 

4 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

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

6 the Secretary, in consultation with the technical re7 view committee established under subsection (d), 

8 may award cash prizes, in amounts determined by 

9 the Secretary, in recognition of breakthrough 

10 achievements in research, development, demonstra11 tion, and commercial application of— 

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

13 or 

14 (B) advances in battery durability, energy 

15 density, and power density. 

16 (h) 500–MILE BATTERY AWARD FUND.— 

17 (1) ESTABLISHMENT.—There is established in 

18 the Treasury of the United States a fund to be 

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

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

21 by the Secretary, to be available without fiscal year 

22 limitation and subject to appropriation, to award 

23 amounts under this section. 

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

25 consist of— 


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1 (A) such amounts as are appropriated to 

2 the Fund under subsection (i); and 

3 (B) such amounts as are described in sub4 section (c) and that are provided for the Fund. 

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

6 not be made available for any purpose other than a 

7 purposes described in subsection (a). 

8 (4) ANNUAL REPORTS.— 

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

10 after the end of each fiscal year beginning with 

11 fiscal year 2012, the Secretary shall submit a 

12 report on the operation of the Fund during the 

13 fiscal year to— 

14 (i) the Committees on Appropriations 

15 of the House of Representatives and of the 

16 Senate; 

17 (ii) the Committee on Energy and 

18 Natural Resources of the Senate; and 

19 (iii) the Committee on Energy and 

20 Commerce of the House of Representa21 tives. 

22 (B) CONTENTS.—Each report shall in23 clude, for the fiscal year covered by the report, 

24 the following: 


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1 (i) A statement of the amounts depos2 ited into the Fund. 

3 (ii) A description of the expenditures 

4 made from the Fund for the fiscal year, in5 cluding the purpose of the expenditures. 

6 (iii) Recommendations for additional 

7 authorities to fulfill the purpose of the 

8 Fund. 

9 (iv) A statement of the balance re10 maining in the Fund at the end of the fis11 cal year. 

12 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

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

14 amended— 

15 (A) by redesignating paragraphs (35) and 

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

17 (B) by redesignating the second paragraph 

18 (33) (relating to obligational authority and out19 lays requested for homeland security) as para20 graph (35); and 

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

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

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

24 ‘Oil Independence for a Stronger America Act of 

25 2010’, which shall include the estimated amount of 


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1 deposits into the Fund, obligations, and outlays from 

2 the Fund.’’. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated— 

5 (1) $10,000,000 to carry out subsection (g)(1); 

6 and 

7 (2) $1,000,000 to carry out subsection (g)(2). 

8 SEC. 313. RESEARCH AND DEVELOPMENT PROGRAM. 

9 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Committee, shall establish a program 

12 to fund research and development in advanced bat13 teries, plug-in electric drive vehicle components, 

14 plug-in electric drive vehicle infrastructure, and 

15 other technologies supporting the development, man16 ufacture, and deployment of plug-in electric drive ve17 hicles and charging infrastructure. 

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

19 funding for— 

20 (A) the development of low-cost, smart21 charging and vehicle-to-grid connectivity tech22 nology; 

23 (B) the benchmarking and assessment of 

24 open software systems using nationally estab25 lished evaluation criteria; 


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1 (C) new technologies in electricity storage 

2 for vehicles; and 

3 (D) new financing or business models that 

4 will help reduce the initial costs of energy stor5 age components or ownership costs for vehicles. 

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

7 date of enactment of this Act, the Secretary shall 

8 submit to Congress a report describing the status of 

9 the program described in paragraph (1). 

10 (b) SECONDARY USE APPLICATIONS PROGRAM.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Committee, shall carry out a research, 

13 development, and demonstration program that builds 

14 upon any work carried out under section 915 of the 

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

16 (A) identifies possible uses of a vehicle bat17 tery after the useful life of the battery in a ve18 hicle has been exhausted; 

19 (B) assesses the potential for markets for 

20 uses described in subparagraph (A) to develop, 

21 as well as any barriers to the development of 

22 the markets; 

23 (C) identifies the infrastructure, tech24 nology, and equipment needed to manage the 


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1 charging activity of the batteries used in sta2 tionary sources; and 

3 (D) identifies the potential uses of a vehi4 cle battery— 

5 (i) with the most promise for market 

6 development; and 

7 (ii) for which market development 

8 would be aided by a demonstration project. 

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

10 date of enactment of this Act, the Secretary shall 

11 submit to the appropriate committees of Congress 

12 an initial report on the findings of the program de13 scribed in paragraph (1), including recommendations 

14 for stationary energy storage and other potential ap15 plications for batteries used in plug-in electric drive 

16 vehicles. 

17 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

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

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

20 in consultation with the Committee, shall develop 

21 guidelines for projects that demonstrate the sec22 ondary uses of vehicle batteries. 

23 (2) PUBLICATION OF GUIDELINES.—Not later 

24 than 30 months after the date of enactment of this 

25 Act, the Secretary shall— 


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1 (A) publish the guidelines described in 

2 paragraph (1); and 

3 (B) solicit applications for funding for 

4 demonstration projects. 

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

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

7 Secretary shall select proposals for grant funding 

8 under this section, based on an assessment of which 

9 proposals are mostly likely to contribute to the devel10 opment of a secondary market for batteries. 

11 (d) MATERIALS RECYCLING STUDY.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Committee, shall carry out a study on 

14 the recycling of materials from plug-in electric drive 

15 vehicles and the batteries used in plug-in electric 

16 drive vehicles. 

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

18 date of enactment of this Act, the Secretary shall 

19 submit to the appropriate committees of Congress a 

20 report on the findings of the study described in 

21 paragraph (1). 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $1,530,000,000, including— 


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1 (1) $1,500,000,000 for use in conducting the 

2 program described in subsection (a) for fiscal years 

3 2011 through 2020; 

4 (2) $5,000,000 for use in conducting the pro5 gram described in subsection (b) for fiscal years 

6 2011 through 2016; 

7 (3) $25,000,000 for use in providing grants de8 scribed in subsection (c) for fiscal years 2011 

9 through 2020; and 

10 (4) $5,000,000 for use in conducting the study 

11 described in subsection (d) for fiscal years 2011 

12 through 2013. 

13 SEC. 314. STUDY ON THE SUPPLY OF RAW MATERIALS. 

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

15 consultation with the Secretary and the Task Force, shall 

16 conduct a study that— 

17 (1) identifies the raw materials needed for the 

18 manufacture of plug-in electric drive vehicles, bat19 teries, and other components for plug-in electric 

20 drive vehicles, and for the infrastructure needed to 

21 support plug-in electric drive vehicles; 

22 (2) describes the primary or original sources 

23 and known reserves and resources of those raw ma24 terials; 


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1 (3) assesses, in consultation with the National 

2 Academy of Sciences, the degree of risk to the man3 ufacture, maintenance, deployment, and use of plug4 in electric drive vehicles associated with the supply 

5 of those raw materials; and 

6 (4) identifies pathways to securing reliable and 

7 resilient supplies of those raw materials. 

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

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

10 shall submit to Congress a report that describes the re11 sults of the study. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this subsection 

14 $1,500,000. 

15 SEC. 315. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL 

16 ADVISORY COMMITTEE. 

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

18 Electric Drive Vehicle Technical Advisory Committee to 

19 advise the Secretary on the programs and activities under 

20 this Act. 

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

22 be to advise the Secretary on technical matters, includ23 ing— 

24 (1) the priorities for research and development; 


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1 (2) means of accelerating the deployment of 

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

3 vehicles for mass market adoption; 

4 (3) the development and deployment of charg5 ing infrastructure; 

6 (4) the development of uniform codes, stand7 ards, and safety protocols for plug-in electric drive 

8 vehicles and charging infrastructure; and 

9 (5) reporting on the competitiveness of the 

10 United States in plug-in electric drive vehicle and in11 frastructure research, manufacturing, and deploy12 ment. 

13 (c) MEMBERSHIP.— 

14 (1) MEMBERS.— 

15 (A) IN GENERAL.—The Committee shall 

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

17 25, members. 

18 (B) REPRESENTATION.—The Secretary 

19 shall appoint the members to Committee from 

20 among representatives of— 

21 (i) domestic industry; 

22 (ii) institutions of higher education; 

23 (iii) professional societies; 


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1 (iv) Federal, State, and local govern2 mental agencies (including the National 

3 Laboratories); and 

4 (v) financial, transportation, labor, en5 vironmental, or other appropriate organiza6 tions, as the Secretary determines to be 

7 necessary. 

8 (2) TERMS.— 

9 (A) IN GENERAL.—The term of a Com10 mittee member shall not be longer than 3 years. 

11 (B) STAGGERED TERMS.—The Secretary 

12 may appoint members to the Committee for dif13 fering term lengths to ensure continuity in the 

14 functioning of the Committee. 

15 (C) REAPPOINTMENTS.—A member of the 

16 Committee whose term is expiring may be re17 appointed. 

18 (3) CHAIRPERSON.—The Committee shall have 

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

20 members. 

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

22 recommendations to the Secretary on the implementation 

23 of programs and activities under this title. 

24 (e) RESPONSE.— 


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

2 and may adopt any recommendation of the Com3 mittee under subsection (c). 

4 (2) BIENNIAL REPORT.— 

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

6 after the date of enactment of this Act and 

7 every 2 years thereafter, the Secretary shall 

8 submit to the appropriate committees of Con9 gress a report describing any new recommenda10 tions of the Committee. 

11 (B) CONTENTS.—The report shall in12 clude— 

13 (i) a description of the manner in 

14 which the Secretary has implemented or 

15 plans to implement the recommendations 

16 of the Committee; or 

17 (ii) an explanation of the reason that 

18 a recommendation of the Committee has 

19 not been implemented. 

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

21 paragraph shall be submitted by the Secretary 

22 at the same time the President submits the 

23 budget proposal for the Department of Energy 

24 to Congress. 


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1 (f) COORDINATION.—The Committee shall hold joint 

2 annual meetings with the Hydrogen and Fuel Cell Tech3 nical Advisory Committee established by section 807 of the 

4 Energy Policy Act of 2005 (42 U.S.C. 16156) to help co5 ordinate the work and recommendations of the Commit6 tees. 

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

8 Committee the resources necessary to carry out this sec9 tion, as determined to be necessary by the Secretary. 

10 SEC. 316. PLUG-IN ELECTRIC DRIVE VEHICLE INTER11 AGENCY TASK FORCE. 

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

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

14 the Plug-in Electric Drive Vehicle Interagency Task 

15 Force, to be chaired by the Secretary and which shall con16 sist of at least 1 representative from each of— 

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

18 (2) the Council on Environmental Quality; 

19 (3) the Department of Energy; 

20 (4) the Department of Transportation; 

21 (5) the Department of Defense; 

22 (6) the Department of Commerce (including the 

23 National Institute of Standards and Technology); 

24 (7) the Environmental Protection Agency; 

25 (8) the General Services Administration; and 


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1 (9) any other Federal agencies that the Presi2 dent determines to be appropriate. 

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

4 be to ensure awareness, coordination, and integration of 

5 the activities of the Federal Government relating to elec6 tric drive vehicles, including— 

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

8 development (including necessary components); 

9 (2) the development of widely accepted smart10 grid standards and protocols for charging infrastruc11 ture; 

12 (3) the relationship of plug-in electric drive ve13 hicle charging practices to electric utility regulation; 

14 (4) the relationship of plug-in electric drive ve15 hicle deployment to system reliability and security; 

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

17 drive vehicles in the Federal, State, and local gov18 ernments and for private use; 

19 (6) the development of uniform codes, stand20 ards, and safety protocols for plug-in electric drive 

21 vehicles and charging infrastructure; and 

22 (7) the alignment of international plug-in elec23 tric drive vehicle standards. 

24 (c) ACTIVITIES.— 


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

2 the Task Force may— 

3 (A) organize workshops and conferences; 

4 (B) issue publications; and 

5 (C) create databases. 

6 (2) MANDATORY ACTIVITIES.—In carrying out 

7 this section, the Task Force shall— 

8 (A) foster the exchange of generic, non9 proprietary information and technology among 

10 industry, academia, and the Federal Govern11 ment; 

12 (B) integrate and disseminate technical 

13 and other information made available as a re14 sult of the programs and activities under this 

15 title; 

16 (C) support education about plug-in elec17 tric drive vehicles; 

18 (D) monitor, analyze, and report on the ef19 fects of plug-in electric drive vehicle deployment 

20 on the environment and public health, including 

21 air emissions from vehicles and electricity gen22 erating units; and 

23 (E) review and report on— 

24 (i) opportunities to use Federal pro25 grams (including laws, regulations, and 


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1 guidelines) to promote the deployment of 

2 plug-in electric drive vehicles; and 

3 (ii) any barriers to the deployment of 

4 plug-in electric drive vehicles, including 

5 barriers that are attributable to Federal 

6 programs (including laws, regulations, and 

7 guidelines). 

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

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

10 (2) provide, on request of the Task Force, ap11 propriate assistance in carrying out this section, in 

12 accordance with applicable Federal laws (including 

13 regulations). 

14 SEC. 317. PROHIBITION ON DISPOSING OF ADVANCED BAT15 TERIES IN LANDFILLS. 

16 (a) DEFINITION OF ADVANCED BATTERY.— 

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

18 ‘‘advanced battery’’ means a battery that is a sec19 ondary (rechargeable) electrochemical energy storage 

20 device that has enhanced energy capacity. 

21 (2) EXCLUSIONS.—The term ‘‘advanced bat22 tery’’ does not include— 

23 (A) a primary (nonrechargeable) battery; 

24 or 


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

2 start or serve as the principal electrical power 

3 source for a plug-in electric drive vehicle. 

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

5 plug-in electric drive vehicle shall be disposed of in accord6 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

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

8 and Recovery Act of 1976’’). 

9 SEC. 318. LOAN GUARANTEES. 

10 (a) LOAN GUARANTEES FOR ADVANCED BATTERY

11 PURCHASES FOR USE IN STATIONARY APPLICATIONS.— 

12 Subtitle B of title I of the Energy Independence and Secu13 rity Act of 2007 (42 U.S.C. 17011 et seq.) is amended 

14 by adding at the end the following: 

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

16 PURCHASES. 

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

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

19 term ‘qualified automotive battery’ means a battery 

20 that— 

21 ‘‘(A) has at least 4 kilowatt hours of bat22 tery capacity; and 

23 ‘‘(B) is designed for use in qualified plug24 in electric drive motor vehicles but is purchased 

25 for nonautomotive applications. 


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1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) an original equipment manufacturer; 

4 ‘‘(B) an electric utility; 

5 ‘‘(C) any provider of range extension infra6 structure; or 

7 ‘‘(D) any other qualified entity, as deter8 mined by the Secretary. 

9 ‘‘(b) LOAN GUARANTEES.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall guar11 antee loans made to eligible entities for the aggre12 gate purchase of not less than 200 qualified auto13 motive batteries in a calendar year that have a total 

14 minimum power rating of 1 megawatt and use ad15 vanced battery technology. 

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

17 a loan guarantee under this section, an entity pur18 chasing qualified automotive batteries with loan 

19 funds guaranteed under this section shall comply 

20 with the provisions of the Buy American Act (41 

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

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

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


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

2 is authorized to be appropriated to carry out this section 

3 $50,000,000.’’. 

4 (b) LOAN GUARANTEES FOR CHARGING INFRA5 STRUCTURE.—Section 1705(a) of the Energy Policy Act 

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

7 the end the following: 

8 ‘‘(4) Charging infrastructure and networks of 

9 charging infrastructure for plug-in drive electric ve10 hicles, if the charging infrastructure will be oper11 ational prior to December 31, 2016.’’. 

12 SEC. 319. MODEL UPDATING BUILDING CODES, PERMIT13 TING AND INSPECTION PROCESSES, AND 

14 ZONING OR PARKING RULES. 

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

16 date of enactment of this Act, the Secretary shall develop 

17 and publish— 

18 (1) model building codes for the inclusion of 

19 separate circuits for charging infrastructure, as ap20 propriate, in new construction and major renova21 tions of private residences, buildings, or other struc22 tures that could provide publicly available charging 

23 infrastructure; 

24 (2) model construction permitting or inspection 

25 processes that allow for the expedited installation of 


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1 charging infrastructure for purchasers of electric 

2 drive vehicles (including a permitting process that 

3 allows a vehicle purchaser to have charging infra4 structure installed the same day a vehicle is pur5 chased); and 

6 (3) model zoning, parking rules, or other local 

7 ordinances that— 

8 (A) facilitate the installation of publicly 

9 available charging infrastructure; and 

10 (B) allow for access to publicly available 

11 charging infrastructure. 

12 (b) OPTIONAL ADOPTION.—An applicant for selec13 tion as a deployment community under section 303 shall 

14 not be required to use the model building codes, permit15 ting and inspection processes, or zoning, parking rules, or 

16 other ordinances described in the report published under 

17 subsection (a). 

18 (c) SMART GRID INTEGRATION.—In developing the 

19 model codes or ordinances described in subsection (a), the 

20 Secretary shall take into account smart grid integration. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $1,000,000. 


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1 SEC. 320. CREDIT FOR GRID-INTERACTIVE PLUG-IN VEHI2 CLES. 

3 (a) IN GENERAL.—Subpart B of part IV of sub4 chapter A of chapter 1 of the Internal Revenue Code of 

5 1986 is amended by adding at the end the following new 

6 section: 

7 ‘‘SEC. 30E. QUALIFIED GRID-INTERACTIVE PLUG-IN VEHI8 CLES. 

9 ‘‘(a) IN GENERAL.—There shall be allowed as a cred10 it against the tax imposed by this chapter for the taxable 

11 year an amount equal to the lesser of— 

12 ‘‘(1) 50 percent of the cost of any qualified 

13 grid-interactive plug-in vehicle placed in service by 

14 the taxpayer during the taxable year, or 

15 ‘‘(2) $25,000. 

16 ‘‘(b) LIMITATION ON NUMBER OF QUALIFIED GRID17 INTERACTIVE PLUG-IN VEHICLES.—No credit shall be al18 lowed with respect to any qualified grid-interactive plug19 in vehicle placed in service after the calendar quarter in 

20 which the number of qualified grid-interactive vehicles 

21 placed in service in the United States after the date of 

22 the enactment of this section is at least 6,000. 

23 ‘‘(c) APPLICATION WITH OTHER CREDITS.— 

24 ‘‘(1) BUSINESS CREDIT TREATED AS PART OF

25 GENERAL BUSINESS CREDIT.—So much of the credit 

26 which would be allowed under subsection (a) for any 


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1 taxable year (determined without regard to this sub2 section) that is attributable to property of a char3 acter subject to an allowance for depreciation shall 

4 be treated as a credit listed in section 38(b) for such 

5 taxable year (and not allowed under subsection (a)). 

6 ‘‘(2) PERSONAL CREDIT.— 

7 ‘‘(A) IN GENERAL.—For purposes of this 

8 title, the credit allowed under subsection (a) for 

9 any taxable year (determined after application 

10 of paragraph (1)) shall be treated as a credit 

11 allowable under subpart A for such taxable 

12 year. 

13 ‘‘(B) LIMITATION BASED ON AMOUNT OF

14 TAX.—In the case of a taxable year to which 

15 section 26(a)(2) does not apply, the credit al16 lowed under subsection (a) for any taxable year 

17 (determined after application of paragraph (1)) 

18 shall not exceed the excess of— 

19 ‘‘(i) the sum of the regular tax liabil20 ity (as defined in section 26(b)) plus the 

21 tax imposed by section 55, over 

22 ‘‘(ii) the sum of the credits allowable 

23 under subpart A (other than this section 

24 and sections 25D, 30, and 30D) and sec25 tion 27 for the taxable year. 


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1 ‘‘(d) QUALIFIED GRID-INTERACTIVE PLUG-IN VEHI2 CLE.—For purposes of this section, the term ‘qualified 

3 grid-interactive plug-in vehicle’ means any vehicle— 

4 ‘‘(1) which— 

5 ‘‘(A) is made by a manufacturer and origi6 nally placed in service by the taxpayer, or 

7 ‘‘(B) has been modified to meet the re8 quirements of paragraphs (3) and (4) by a 

9 qualified vehicle converter and originally placed 

10 in service as a modified vehicle by the taxpayer, 

11 ‘‘(2) which is acquired for use or lease by the 

12 taxpayer and not for resale, 

13 ‘‘(3) which is propelled to a significant extent 

14 by an electric motor which draws electricity from a 

15 traction battery which— 

16 ‘‘(A) has not less than 20 kilowatt hours 

17 of traction battery storage, and 

18 ‘‘(B) has not less than 12 kilowatt hours 

19 of charging and discharging power capability at 

20 240 volts, 

21 ‘‘(4) which has hardware and software in place 

22 on the vehicle necessary to allow a qualified 

23 aggregator to control battery charging from and dis24 charging to the electrical grid, and 


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1 ‘‘(5) with respect to which the taxpayer has en2 tered into a contract or agreement with a qualified 

3 aggregator to provide grid services for not less than 

4 3 years. 

5 ‘‘(e) OTHER DEFINITIONS.—For purposes of this 

6 section— 

7 ‘‘(1) MANUFACTURER.—The term ‘manufac8 turer’ has the meaning given such term under sec9 tion 30B. 

10 ‘‘(2) QUALIFIED VEHICLE CONVERTER.—The 

11 term ‘qualified vehicle converter’ means any person 

12 who is in the trade or business of installing electric 

13 drive or grid interface components in existing vehi14 cles. 

15 ‘‘(3) QUALIFIED AGGREGATOR.—The term 

16 ‘qualified aggregator’ means any person who— 

17 ‘‘(A) is in the trade or business of control18 ling multiple qualified grid-interactive plug-in 

19 vehicles to provide valuable grid services and 

20 paying owners of those vehicles for the ability 

21 to control charging and discharging of vehicle 

22 battery storage systems to the grid, and 

23 ‘‘(B) is either— 


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1 ‘‘(i) an Independent System Operator 

2 as defined in section 3 of the Federal 

3 Power Act (16 U.S.C. 796), 

4 ‘‘(ii) a Regional Transmission Organi5 zation as defined in such section 3, 

6 ‘‘(iii) a load-serving entity, or 

7 ‘‘(iv) an independent company who ac8 cumulates grid services from a collection of 

9 qualified grid-interactive plug-in vehicles. 

10 ‘‘(4) LOAD-SERVING ENTITY.—The term ‘load11 serving entity’ means an electricity distribution com12 pany or utility company that provides distribution 

13 and energy services for electricity and electric cus14 tomer services. 

15 ‘‘(f) SPECIAL RULES.— 

16 ‘‘(1) BASIS REDUCTION.—For purposes of this 

17 subtitle, the basis of any property for which a credit 

18 is allowable under subsection (a) shall be reduced by 

19 the amount of such credit so allowed. 

20 ‘‘(2) NO DOUBLE BENEFIT.— 

21 ‘‘(A) COORDINATION WITH CREDIT FOR

22 NEW QUALIFIED PLUG-IN ELECTRIC VEHI23 CLES.—No credit shall be allowed under sub24 section (a) with respect to any vehicle for which 

25 a credit is allowed under section 30D. 


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1 ‘‘(B) OTHER PROVISIONS.—The amount of 

2 any deduction or credit (other than the credit 

3 allowed under section 30D) allowable under this 

4 chapter for a new qualified grid-interactive 

5 plug-in vehicle shall be reduced by the amount 

6 of credit allowed under subsection (a) for such 

7 vehicle. 

8 ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES

9 NOT QUALIFIED.—No credit shall be allowable under 

10 subsection (a) with respect to any property referred 

11 to in section 50(b)(1). 

12 ‘‘(4) RECAPTURE.—The Secretary shall, by reg13 ulations, provide for recapturing the benefit of any 

14 credit allowable under subsection (a) with respect to 

15 any property which ceases to be property eligible for 

16 such credit. 

17 ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No 

18 credit shall be allowed under subsection (a) for any 

19 vehicle if the taxpayer elects to not have this section 

20 apply to such vehicle. 

21 ‘‘(g) TERMINATION.—This section shall not apply to 

22 property placed in service after December 31, 2015.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) Section 38(a) of such Code is amended by 

25 striking ‘‘plus’’ at the end of paragraph (35), by 


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1 striking the period at the end of paragraph (36) and 

2 inserting ‘‘, plus’’, and by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(37) the portion of the qualified grid-inter5 active plug-in vehicle credit to which section 

6 30E(c)(1) applies.’’. 

7 (2) Section 1016(a) of such Code is amended 

8 by striking ‘‘and’’ at the end of paragraph (36), by 

9 striking the period at the end of paragraph (37) and 

10 inserting ‘‘, and’’, and by adding at the end the fol11 lowing new paragraph: 

12 ‘‘(38) to the extent provided in section 

13 30E(f)(1).’’. 

14 (3) Section 6501(m) of such Code is amended 

15 by inserting ‘‘30E(f)(5),’’ after ‘‘30D(e)(4),’’. 

16 (4) The table of sections for subpart B of part 

17 IV of subchapter A of chapter 1 of such Code is 

18 amended by adding at the end the following new 

19 item: 

‘‘Sec. 30E. Qualified grid-interactive plug-in vehicles.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to property placed in service after 

22 the date of the enactment of this Act. 


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1 SEC. 321. STUDY ON THE COLLECTION, PRESERVATION, 

2 AND ACCESS TO DATA COLLECTED FROM 

3 PLUG-IN ELECTRIC DRIVE VEHICLES. 

4 (a) IN GENERAL.—Not later than 90 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 IV—TRANSPORTATION 

7 INFRASTRUCTURE 

8 Subtitle A—Transportation Options 

9 for Families and Businesses 

10 SEC. 401. OIL SAVINGS AND GREENHOUSE GAS EMISSION 

11 REDUCTIONS THROUGH TRANSPORTATION 

12 EFFICIENCY. 

13 (a) ENVIRONMENTAL PROTECTION AGENCY.—Part 

14 A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 220. OIL SAVINGS AND GREENHOUSE GAS EMISSION 

17 REDUCTIONS THROUGH TRANSPORTATION 

18 EFFICIENCY. 

19 ‘‘(a) IN GENERAL.—The Administrator, in consulta20 tion with the Secretary of Transportation (referred to in 

21 this section as the ‘Secretary’), shall promulgate, and up22 date from time to time, regulations to establish— 

23 ‘‘(1) national transportation-related goals for 

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1 duction targets established under the Oil Independ2 ence for a Stronger America Act of 2010 and the 

3 amendments made by that Act; 

4 ‘‘(2) standardized models and related methods, 

5 to be used by States, metropolitan planning organi6 zations, and air quality agencies to address oil sav7 ings and emission reduction goals, including— 

8 ‘‘(A) the development of surface transpor9 tation-related oil savings and greenhouse gas 

10 emission reduction targets pursuant to sections 

11 134 and 135 of title 23, and sections 5303 and 

12 5304 of title 49, United States Code; 

13 ‘‘(B) the assessment of projected surface 

14 transportation-related oil consumption and 

15 greenhouse gas emissions from transportation 

16 strategies; 

17 ‘‘(C) the assessment of projected surface 

18 transportation-related oil consumption and 

19 greenhouse gas emissions from State and re20 gional transportation plans; 

21 ‘‘(D) the establishment of surface trans22 portation-related oil consumption and green23 house gas emission baselines at national, State, 

24 and regional levels; and 


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1 ‘‘(E) the measurement and assessment of 

2 actual surface transportation-related oil con3 sumption and emissions to assess progress to4 ward achievement of oil savings and emission 

5 targets at the State and regional levels; 

6 ‘‘(3) methods for collection of data on transpor7 tation-related oil consumption and greenhouse gas 

8 emissions; and 

9 ‘‘(4) publication and distribution of successful 

10 strategies employed by States, Indian tribes, metro11 politan planning organizations, and other entities to 

12 reduce transportation-related oil consumption and 

13 greenhouse gas emissions. 

14 ‘‘(b) ROLE OF DEPARTMENT OF TRANSPOR15 TATION.—The Secretary, in consultation with the Admin16 istrator, shall promulgate, and update from time to time, 

17 regulations— 

18 ‘‘(1) to improve the ability of transportation 

19 planning models and tools, including travel demand 

20 models, to address oil consumption and greenhouse 

21 gas emissions; 

22 ‘‘(2) to assess projected surface transportation23 related travel activity and transportation strategies 

24 from State and regional transportation plans; and 


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1 ‘‘(3) to update transportation planning require2 ments and approval of transportation plans as nec3 essary to carry out this section. 

4 ‘‘(c) CONSULTATION AND MODELS.—In promul5 gating the regulations, the Administrator and the Sec6 retary— 

7 ‘‘(1) shall consult with States, Indian tribes, 

8 metropolitan planning organizations, and air quality 

9 agencies; 

10 ‘‘(2) may use existing models and methodolo11 gies if the models and methodologies are widely con12 sidered to reflect the best practicable modeling or 

13 methodological approach for assessing actual and 

14 projected transportation-related oil consumption and 

15 greenhouse gas emissions from transportation plans 

16 and projects; and 

17 ‘‘(3) shall consider previously developed plans 

18 that were based on models and methodologies for re19 ducing oil consumption and greenhouse gas emis20 sions in applying those regulations to the first ap21 provals after promulgation. 

22 ‘‘(d) TIMING.—The Administrator and the Secretary 

23 shall— 


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1 ‘‘(1) publish proposed regulations under sub2 sections (a) and (b) not later than 1 year after the 

3 date of enactment of this section; and 

4 ‘‘(2) promulgate final regulations under sub5 sections (a) and (b) not later than 18 months after 

6 the date of enactment of this section. 

7 ‘‘(e) ASSESSMENT.— 

8 ‘‘(1) IN GENERAL.—At least every 6 years after 

9 promulgating final regulations under subsections (a) 

10 and (b), the Administrator and the Secretary shall 

11 jointly assess current and projected progress in re12 ducing national transportation-related oil consump13 tion and greenhouse gas emissions. 

14 ‘‘(2) REQUIREMENTS.—The assessment shall— 

15 ‘‘(A) examine the contributions to emission 

16 reductions attributable to— 

17 ‘‘(i) improvements in vehicle effi18 ciency; 

19 ‘‘(ii) greenhouse gas performance of 

20 transportation fuels; 

21 ‘‘(iii) reductions in vehicle miles trav22 eled; 

23 ‘‘(iv) changes in consumer demand 

24 and use of transportation management sys25 tems; and 


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1 ‘‘(v) any other greenhouse gas-related 

2 transportation policies enacted by Con3 gress; and 

4 ‘‘(B) include an analysis of the impact of 

5 the investments made by each State and metro6 politan planning organization through the appli7 cable statewide transportation improvement 

8 program and transportation improvement pro9 gram, respectively, over the most recent 6-year 

10 period on reducing transportation-related green11 house gas emissions and oil consumption. 

12 ‘‘(3) STATE DEPARTMENTS OF TRANSPOR13 TATION.—The Secretary shall issue guidance to es14 tablish procedures for State departments of trans15 portation to collect and report the data required for 

16 the Secretary to carry out the assessment. 

17 ‘‘(4) RESULTS OF ASSESSMENT.—The Sec18 retary and the Administrator shall consider— 

19 ‘‘(A) the results of the assessment con20 ducted under this subsection; and 

21 ‘‘(B) based on those results, whether tech22 nical or other updates to regulations required 

23 under this section and sections 134 and 135 of 

24 title 23, and sections 5303 and 5304 of title 49, 

25 United States Code, are necessary.’’. 


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1 (b) METROPOLITAN PLANNING ORGANIZATIONS.— 

2 (1) TITLE 23.—Section 134 of title 23, United 

3 States Code, is amended— 

4 (A) in subsection (a)(1)— 

5 (i) by striking ‘‘minimizing’’ and in6 serting ‘‘reducing’’; and 

7 (ii) by inserting ‘‘, reliance on oil, im8 pacts on the environment, transportation9 related greenhouse gas emissions,’’ after 

10 ‘‘consumption’’; 

11 (B) in subsection (h)(1)(E)— 

12 (i) by inserting ‘‘sustainability, and 

13 livability, reduce surface transportation-re14 lated reliance on oil and greenhouse gas 

15 emissions, adapt to the effects of climate 

16 change,’’ after ‘‘energy conservation,’’; 

17 (ii) by inserting ‘‘and public health’’ 

18 after ‘‘quality of life’’; and 

19 (iii) by inserting ‘‘, including housing 

20 and land use patterns’’ after ‘‘development 

21 patterns’’; 

22 (C) in subsection (i)— 

23 (i) in paragraph (4)(A)— 

24 (I) by striking ‘‘consult, as ap25 propriate,’’ and inserting ‘‘cooperate’’; 


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1 (II) by inserting ‘‘transportation, 

2 public transportation, air quality, en3 ergy, and housing, and shall consult, 

4 as appropriate, with State and local 

5 agencies and Indian tribes responsible 

6 for’’ after ‘‘responsible for’’; and 

7 (III) by inserting ‘‘public 

8 health,’’ after ‘‘conservation,’’; and 

9 (ii) in paragraph (5)(C)(iii), by insert10 ing ‘‘and through the Web site of the met11 ropolitan planning organization, including 

12 oil savings and emission reduction targets 

13 and strategies developed under subsection 

14 (k)(6), including an analysis of the antici15 pated effects of the targets and strate16 gies,’’ after ‘‘World Wide Web’’; 

17 (D) in subsection (j)(5)(A), by striking 

18 ‘‘subsection (k)(4)’’ and inserting ‘‘subsection 

19 (k)(5)’’; and 

20 (E) in subsection (k)— 

21 (i) by redesignating paragraphs (1) 

22 through (5) as paragraphs (2) through (6), 

23 respectively; 

24 (ii) by inserting before paragraph (2) 

25 (as so redesignated) the following: 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) METROPOLITAN PLANNING ORGANI3 ZATION.—The term ‘metropolitan planning or4 ganization’ means a metropolitan planning or5 ganization described in clause (i) or (ii) of para6 graph (7)(B). 

7 ‘‘(B) SCENARIO ANALYSIS.—The term ‘sce8 nario analysis’ means the use of a planning tool 

9 that— 

10 ‘‘(i) develops a range of scenarios rep11 resenting various combinations of transpor12 tation strategies, land use strategies, and 

13 development patterns, estimates of how 

14 each of those scenarios would perform in 

15 meeting the oil savings and greenhouse gas 

16 emission reduction targets based on anal17 ysis of various forces (such as health, 

18 transportation, economic or environmental 

19 factors, and land use) that affect growth; 

20 ‘‘(ii) includes features such as— 

21 ‘‘(I) the involvement of the gen22 eral public, key stakeholders, and 

23 elected officials on a broad scale; 

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1 cate each other as to growth trends 

2 and trade-offs, as a means to incor3 porate values and feedback into future 

4 plans; and 

5 ‘‘(III) the use of continuing ef6 forts and ongoing processes; and 

7 ‘‘(iii) may include key elements such 

8 as— 

9 ‘‘(I) identification of the consid10 erations shaping planning decisions 

11 and outcomes; 

12 ‘‘(II) determination of patterns 

13 of interaction; 

14 ‘‘(III) creation of scenarios for 

15 discussion purposes; 

16 ‘‘(IV) analysis of implications; 

17 ‘‘(V) evaluation of scenarios; and 

18 ‘‘(VI) use of monitoring indica19 tors.’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(7) TRANSPORTATION OIL SAVINGS AND

23 GREENHOUSE GAS REDUCTION EFFORTS.— 

24 ‘‘(A) IN GENERAL.—Within a metropolitan 

25 planning area serving a transportation manageVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 ment area, the transportation planning process 

2 under this section shall address transportation3 related oil consumption and greenhouse gas 

4 emissions by including oil savings and emission 

5 reduction targets and strategies to meet those 

6 targets. 

7 ‘‘(B) ELIGIBLE ORGANIZATIONS.— 

8 ‘‘(i) MPOS WITHIN TMAS.—All provi9 sions and requirements of this section, in10 cluding the requirements for transpor11 tation oil savings and greenhouse gas re12 duction efforts, shall apply to metropolitan 

13 planning organizations that also serve as 

14 transportation management areas. 

15 ‘‘(ii) OTHER MPOS.—A metropolitan 

16 planning organization that does not serve 

17 as a transportation management area— 

18 ‘‘(I) may develop transportation 

19 oil savings and greenhouse gas emis20 sion reduction targets and strategies 

21 to meet those targets; and 

22 ‘‘(II) if those targets and strate23 gies are developed, shall be subject to 

24 all applicable provisions and require25 ments of this section and the Oil 


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•HR 6564 IH

1 Independence for a Stronger America 

2 Act of 2010 and amendments made 

3 by that Act, including requirements of 

4 the transportation oil savings and 

5 greenhouse gas reduction efforts. 

6 ‘‘(C) ESTABLISHMENT OF TARGETS AND

7 CRITERIA.— 

8 ‘‘(i) IN GENERAL.—Not later than 2 

9 years after the promulgation of the final 

10 regulations required under section 220 of 

11 the Clean Air Act, each metropolitan plan12 ning organization that also serves as a 

13 transportation management area shall de14 velop surface transportation-related oil sav15 ings and greenhouse gas emission reduc16 tion targets, as well as strategies to meet 

17 those targets, in consultation with State 

18 air agencies and Indian tribes as part of 

19 the metropolitan transportation planning 

20 process under this section. 

21 ‘‘(ii) MULTIPLE DESIGNATIONS.—If 

22 more than 1 metropolitan planning organi23 zation has been designated within a metro24 politan area, each metropolitan planning 

25 organization shall coordinate with other 


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•HR 6564 IH

1 metropolitan planning organizations in the 

2 same metropolitan area to develop the tar3 gets and strategies described in clause (i). 

4 ‘‘(iii) MINIMUM REQUIREMENTS.— 

5 Each metropolitan transportation plan de6 veloped by a metropolitan planning organi7 zation under clause (i) shall, within the 

8 plan, demonstrate progress in stabilizing 

9 and reducing transportation-related oil 

10 consumption and greenhouse gas emissions 

11 so as to contribute to the achievement of 

12 State targets pursuant to section 

13 135(f)(9). 

14 ‘‘(iv) REQUIREMENTS FOR TARGETS

15 AND STRATEGIES.—The targets and strat16 egies developed as part of a plan under 

17 this subparagraph shall, at a minimum— 

18 ‘‘(I) be based on the oil consump19 tion and emission and travel demand 

20 models and related methodologies es21 tablished in the final regulations re22 quired under section 220 of the Clean 

23 Air Act; 

24 ‘‘(II) inventory all sources of sur25 face transportation-related oil conVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 sumption and greenhouse gas emis2 sions; 

3 ‘‘(III) apply to those modes of 

4 surface transportation that are ad5 dressed in the planning process under 

6 this section; 

7 ‘‘(IV) be integrated and con8 sistent with regional transportation 

9 plans and transportation improvement 

10 programs; and 

11 ‘‘(V) be selected through scenario 

12 analysis, and include, pursuant to the 

13 requirements of the transportation 

14 planning process under this section, 

15 transportation investment and man16 agement strategies that reduce oil 

17 consumption and greenhouse gas 

18 emissions from the transportation sec19 tor over the life of the plan, such as— 

20 ‘‘(aa) efforts to increase 

21 public transportation ridership, 

22 including through service im23 provements, capacity expansions, 

24 and access enhancement; 


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1 ‘‘(bb) efforts to increase 

2 walking, bicycling, and other 

3 forms of nonmotorized transpor4 tation; 

5 ‘‘(cc) implementation of zon6 ing and other land use regula7 tions and plans to support infill, 

8 transit-oriented development, re9 development, or mixed use devel10 opment; 

11 ‘‘(dd) travel demand man12 agement programs (including 

13 carpool, vanpool, or car-share 

14 projects), transportation pricing 

15 measures, parking policies, and 

16 programs to promote telecom17 muting, flexible work schedules, 

18 and satellite work centers; 

19 ‘‘(ee) highway and transit 

20 operational improvements, includ21 ing intelligent transportation sys22 tems or other operational im23 provements to reduce long-term 

24 oil consumption and greenhouse 

25 gas emissions through reduced 


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•HR 6564 IH

1 congestion and improved system 

2 management; 

3 ‘‘(ff) intercity passenger rail 

4 improvements; 

5 ‘‘(gg) high-speed rail im6 provements and programs; 

7 ‘‘(hh) intercity bus improve8 ments; 

9 ‘‘(ii) freight rail improve10 ments; 

11 ‘‘(jj) use of materials or 

12 equipment associated with the 

13 construction or maintenance of 

14 transportation projects that re15 duce oil consumption and green16 house gas emissions; 

17 ‘‘(kk) public facilities for 

18 supplying electricity to electric or 

19 plug-in hybrid-electric vehicles; 

20 ‘‘(ll) local street network im21 provements; and 

22 ‘‘(mm) any other effort that 

23 demonstrates progress in reduc24 ing transportation-related oil con25 sumption and greenhouse gas 


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1 emissions in each metropolitan 

2 planning organization under this 

3 subsection. 

4 ‘‘(v) IDENTIFICATION OF PROJECTS

5 AND STRATEGIES.—The plan developed 

6 under this section shall include a list of 

7 projects and strategies based on the tar8 gets and strategies identified under clause 

9 (iv). 

10 ‘‘(D) REVIEW AND APPROVAL.—Not later 

11 than 180 days after the date of submission of 

12 a plan under this section— 

13 ‘‘(i) the Secretary and the Adminis14 trator shall review the plan; and 

15 ‘‘(ii) the Secretary shall make a deter16 mination that the plan submitted by a met17 ropolitan planning organization meets the 

18 requirements of subparagraph (C) if— 

19 ‘‘(I) the Secretary finds that a 

20 metropolitan planning organization 

21 has developed, submitted, and pub22 lished the plan of the metropolitan 

23 planning organization pursuant to this 

24 section; 


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1 ‘‘(II) the Secretary, in consulta2 tion with the Administrator, deter3 mines that the plan is likely to achieve 

4 the targets established by the metro5 politan planning organization under 

6 this subsection; and 

7 ‘‘(III) the development of the 

8 plan complies with the minimum re9 quirements established under clauses 

10 (iii) and (iv) of subparagraph (C). 

11 ‘‘(E) CERTIFICATION.— 

12 ‘‘(i) IN GENERAL.—Only metropolitan 

13 planning organizations that meet the re14 quirements of subparagraph (C) shall be 

15 eligible to receive performance grants 

16 under section 402(c) of the Oil Independ17 ence for a Stronger America Act of 2010. 

18 ‘‘(ii) FAILURE TO COMPLY.—Failure 

19 to comply with the requirements under 

20 subparagraph (C) shall not impact certifi21 cation standards under paragraph (6).’’. 

22 (2) TITLE 49.—Section 5303 of title 49, United 

23 States Code, is amended— 

24 (A) in subsection (a)(1)— 


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1 (i) by striking ‘‘minimizing’’ and in2 serting ‘‘reducing’’; and 

3 (ii) by inserting ‘‘, reliance on oil, im4 pacts on the environment, transportation5 related greenhouse gas emissions,’’ after 

6 ‘‘consumption’’; 

7 (B) in subsection (h)(1)(E)— 

8 (i) by inserting ‘‘sustainability, and 

9 livability, reduce surface transportation-re10 lated reliance on oil and greenhouse gas 

11 emissions, adapt to the effects of climate 

12 change,’’ after ‘‘energy conservation,’’; 

13 (ii) by inserting ‘‘and public health’’ 

14 after ‘‘quality of life’’; and 

15 (iii) by inserting ‘‘, including housing 

16 and land use patterns’’ after ‘‘development 

17 patterns’’; 

18 (C) in subsection (i)— 

19 (i) in paragraph (4)(A)— 

20 (I) by striking ‘‘consult, as ap21 propriate,’’ and inserting ‘‘cooperate’’; 

22 (II) by inserting ‘‘transportation, 

23 public transportation, air quality, en24 ergy, and housing, and shall consult, 

25 as appropriate, with State and local 


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•HR 6564 IH

1 agencies and Indian tribes responsible 

2 for’’ after ‘‘responsible for’’ and 

3 (III) by inserting ‘‘public 

4 health,’’ after ‘‘conservation,’’; and 

5 (ii) in paragraph (5)(C)(iii), by insert6 ing ‘‘and through the Web site of the met7 ropolitan planning organization, including 

8 oil savings and emission reduction targets 

9 and strategies developed under subsection 

10 (k)(6), including an analysis of the antici11 pated effects of the targets and strate12 gies,’’ after ‘‘World Wide Web’’; and 

13 (D) in subsection (k)— 

14 (i) by redesignating paragraphs (1) 

15 through (5) as paragraphs (2) through (6), 

16 respectively; 

17 (ii) by inserting before paragraph (2) 

18 (as so redesignated) the following: 

19 ‘‘(1) DEFINITION OF METROPOLITAN PLANNING

20 ORGANIZATION.—In this subsection, the term ‘met21 ropolitan planning organization’ means a metropoli22 tan planning organization described in clause (i) or 

23 (ii) of paragraph (7)(B).’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(7) TRANSPORTATION OIL SAVINGS AND

2 GREENHOUSE GAS REDUCTION EFFORTS.— 

3 ‘‘(A) IN GENERAL.—Within a metropolitan 

4 planning area serving a transportation manage5 ment area, the transportation planning process 

6 under this section shall address transportation7 related oil consumption and greenhouse gas 

8 emissions by including oil savings and emission 

9 reduction targets and strategies to meet those 

10 targets. 

11 ‘‘(B) ELIGIBLE ORGANIZATIONS.— 

12 ‘‘(i) IN GENERAL.—The requirements 

13 of the transportation greenhouse gas re14 duction efforts shall apply only to metro15 politan planning organizations within a 

16 transportation management area. 

17 ‘‘(ii) DEVELOPMENT OF PLAN.—A 

18 metropolitan planning organization that 

19 does not serve as a transportation manage20 ment area— 

21 ‘‘(I) may develop transportation 

22 oil savings and greenhouse gas emis23 sion reduction targets and strategies 

24 to meet those targets; and 


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•HR 6564 IH

1 ‘‘(II) if those targets and strate2 gies are developed, shall be subject to 

3 all provisions and requirements of this 

4 section, including requirements of the 

5 transportation oil savings and green6 house gas reduction efforts. 

7 ‘‘(C) ESTABLISHMENT OF TARGETS AND

8 CRITERIA.— 

9 ‘‘(i) IN GENERAL.—Not later than 2 

10 years after the promulgation of the final 

11 regulations required under section 220 of 

12 the Clean Air Act, each metropolitan plan13 ning organization shall develop surface 

14 transportation-related oil savings and 

15 greenhouse gas emission reduction targets, 

16 as well as strategies to meet those targets, 

17 in consultation with State air agencies and 

18 Indian tribes as part of the metropolitan 

19 transportation planning process under this 

20 section. 

21 ‘‘(ii) MULTIPLE DESIGNATIONS.—If 

22 more than 1 metropolitan planning organi23 zation has been designated within a metro24 politan area, each metropolitan planning 

25 organization shall coordinate with other 


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•HR 6564 IH

1 metropolitan planning organizations in the 

2 same metropolitan area to develop the tar3 gets and strategies described in clause (i). 

4 ‘‘(iii) MINIMUM REQUIREMENTS.— 

5 Each metropolitan transportation plan de6 veloped by a metropolitan planning organi7 zation under clause (i) shall, within the 

8 plan, demonstrate progress in stabilizing 

9 and reducing transportation-related oil 

10 consumption and greenhouse gas emissions 

11 so as to contribute to the achievement of 

12 State targets pursuant to section 135(f)(9) 

13 of title 23. 

14 ‘‘(iv) REQUIREMENTS FOR TARGETS

15 AND STRATEGIES.—The targets and strat16 egies developed as part of a plan under 

17 this subparagraph shall, at a minimum— 

18 ‘‘(I) be based on the oil consump19 tion and emission models and related 

20 methodologies established in the final 

21 regulations required under section 

22 220 of the Clean Air Act; 

23 ‘‘(II) inventory all sources of sur24 face transportation-related oil conVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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•HR 6564 IH

1 sumption and greenhouse gas emis2 sions; 

3 ‘‘(III) apply to those modes of 

4 surface transportation that are ad5 dressed in the planning process under 

6 this section; 

7 ‘‘(IV) be integrated and con8 sistent with regional transportation 

9 plans and transportation improvement 

10 programs; and 

11 ‘‘(V) be selected through scenario 

12 analysis (as defined in section 

13 134(k)(1) of title 23), and include, 

14 pursuant to the requirements of the 

15 transportation planning process under 

16 this section, transportation investment 

17 and management strategies that re18 duce oil consumption and greenhouse 

19 gas emissions from the transportation 

20 sector over the life of the plan, such 

21 as— 

22 ‘‘(aa) efforts to increase 

23 public transportation ridership, 

24 including through service imVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 provements, capacity expansions, 

2 and access enhancement; 

3 ‘‘(bb) efforts to increase 

4 walking, bicycling, and other 

5 forms of nonmotorized transpor6 tation; 

7 ‘‘(cc) implementation of zon8 ing and other land use regula9 tions and plans to support infill, 

10 transit-oriented development, re11 development, or mixed use devel12 opment; 

13 ‘‘(dd) travel demand man14 agement programs (including 

15 carpool, vanpool, or car-share 

16 projects), transportation pricing 

17 measures, parking policies, and 

18 programs to promote telecom19 muting, flexible work schedules, 

20 and satellite work centers; 

21 ‘‘(ee) highway and transit 

22 operational improvements, includ23 ing intelligent transportation sys24 tems or other operational im25 provements to reduce long-term 


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1 oil consumption and greenhouse 

2 gas emissions through reduced 

3 congestion and improved system 

4 management; 

5 ‘‘(ff) intercity passenger rail 

6 improvements; 

7 ‘‘(gg) high-speed rail im8 provements and programs; 

9 ‘‘(hh) intercity bus improve10 ments; 

11 ‘‘(ii) freight rail improve12 ments; 

13 ‘‘(jj) use of materials or 

14 equipment associated with the 

15 construction or maintenance of 

16 transportation projects that re17 duce oil consumption and green18 house gas emissions; 

19 ‘‘(kk) public facilities for 

20 supplying electricity to electric or 

21 plug-in hybrid-electric vehicles; 

22 ‘‘(ll) local street network im23 provements; and 

24 ‘‘(mm) any other effort that 

25 demonstrates progress in reducVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 ing transportation-related oil con2 sumption and greenhouse gas 

3 emissions in each metropolitan 

4 planning organization under this 

5 subsection. 

6 ‘‘(v) IDENTIFICATION OF PROJECTS

7 AND STRATEGIES.—The plan developed 

8 under this section shall include a list of 

9 projects and strategies based on the tar10 gets and strategies identified under clause 

11 (iv). 

12 ‘‘(D) REVIEW AND APPROVAL.—Not later 

13 than 180 days after the date of submission of 

14 a plan under this section— 

15 ‘‘(i) the Secretary and the Adminis16 trator shall review the plan; and 

17 ‘‘(ii) the Secretary shall make a deter18 mination that the plan submitted by a met19 ropolitan planning organization meets the 

20 requirements of subparagraph (C) if— 

21 ‘‘(I) the Secretary finds that a 

22 metropolitan planning organization 

23 has developed, submitted, and pub24 lished the plan of the metropolitan 


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•HR 6564 IH

1 planning organization pursuant to this 

2 section; 

3 ‘‘(II) the Secretary, in consulta4 tion with the Administrator, deter5 mines that the plan is likely to achieve 

6 the targets established by the metro7 politan planning organization under 

8 this subsection; and 

9 ‘‘(III) the development of the 

10 plan complies with the minimum re11 quirements established under clauses 

12 (iii) and (iv) of subparagraph (C). 

13 ‘‘(E) CERTIFICATION.— 

14 ‘‘(i) IN GENERAL.—Only metropolitan 

15 planning organizations that meet the re16 quirements of subparagraph (C) shall be 

17 eligible to receive performance grants 

18 under section 402(c) of the Oil Independ19 ence for a Stronger America Act of 2010. 

20 ‘‘(ii) FAILURE TO COMPLY.—Failure 

21 to comply with the requirements under 

22 subparagraph (C) shall not impact certifi23 cation standards under paragraph (6).’’. 

24 (c) STATES.— 


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•HR 6564 IH

1 (1) TITLE 23.—Section 135 of title 23, United 

2 States Code, is amended— 

3 (A) in subsection (d)(1)(E)— 

4 (i) by inserting ‘‘sustainability, and 

5 livability, reduce surface transportation-re6 lated oil consumption and greenhouse gas 

7 emissions, adapt to the effects of climate 

8 change,’’ after ‘‘energy conservation,’’; 

9 (ii) by inserting ‘‘and public health’’ 

10 after ‘‘quality of life’’; and 

11 (iii) by inserting ‘‘, including housing 

12 and land use patterns’’ after ‘‘development 

13 patterns’’; and 

14 (B) in subsection (f)— 

15 (i) in paragraph (2)(D)(i)— 

16 (I) by striking ‘‘, as appropriate, 

17 in consultation’’ and inserting ‘‘in co18 operation’’; 

19 (II) by inserting ‘‘State and local 

20 agencies and Indian tribes responsible 

21 for transportation, public transpor22 tation, air quality, energy, and hous23 ing and in consultation with’’ before 

24 ‘‘State, tribal’’; and 


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1 (III) by inserting ‘‘public 

2 health,’’ after ‘‘conservation,’’; 

3 (ii) in paragraph (3)(B)(iii), by insert4 ing ‘‘and through the Web site of the 

5 State, including oil savings and emission 

6 reduction targets and strategies developed 

7 under paragraph (9) and an analysis of the 

8 anticipated effects of the targets and strat9 egies’’ after ‘‘World Wide Web’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(9) TRANSPORTATION OIL SAVINGS AND

13 GREENHOUSE GAS REDUCTION EFFORTS.— 

14 ‘‘(A) IN GENERAL.—Within a State, the 

15 transportation planning process under this sec16 tion, shall address transportation-related green17 house gas emissions by including emission re18 duction targets and strategies to meet those 

19 targets. 

20 ‘‘(B) ESTABLISHMENT OF TARGETS AND

21 CRITERIA.— 

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

23 years after the promulgation of the final 

24 regulations required under section 220 of 

25 the Clean Air Act, each State shall develop 


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1 surface transportation-related oil savings 

2 and greenhouse gas emission reduction tar3 gets, as well as strategies to meet those 

4 targets, in consultation with State air 

5 agencies and Indian tribes as part of the 

6 transportation planning process under this 

7 section. 

8 ‘‘(ii) MINIMUM REQUIREMENTS.— 

9 Each transportation plan developed by a 

10 State under clause (i) shall, within the 

11 plan, demonstrate progress in stabilizing 

12 and reducing transportation-related oil 

13 consumption and greenhouse gas emissions 

14 in the State so as to contribute to the 

15 achievement of national goals pursuant to 

16 section 220(a)(1) of the Clean Air Act. 

17 ‘‘(iii) REQUIREMENTS FOR TARGETS

18 AND STRATEGIES.—The targets and strat19 egies developed as part of a plan under 

20 this subparagraph shall, at a minimum— 

21 ‘‘(I) be based on the oil consump22 tion and emission models and related 

23 methodologies established in the final 

24 regulations required under section 

25 220 of the Clean Air Act; 


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1 ‘‘(II) inventory all sources of sur2 face transportation-related oil con3 sumption and greenhouse gas emis4 sions; 

5 ‘‘(III) apply to those modes of 

6 surface transportation that are ad7 dressed in the planning process under 

8 this section; 

9 ‘‘(IV) be integrated and con10 sistent with statewide transportation 

11 plans and statewide transportation 

12 improvement programs; and 

13 ‘‘(V) be selected through scenario 

14 analysis (as defined in section 

15 134(k)(1)), and include, pursuant to 

16 the requirements of the transportation 

17 planning process under this section, 

18 transportation investment and man19 agement strategies that reduce oil 

20 consumption and greenhouse gas 

21 emissions from the transportation sec22 tor over the life of the plan, such as— 

23 ‘‘(aa) efforts to increase 

24 public transportation ridership, 

25 including through service imVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 provements, capacity expansions, 

2 and access enhancement; 

3 ‘‘(bb) efforts to increase 

4 walking, bicycling, and other 

5 forms of nonmotorized transpor6 tation; 

7 ‘‘(cc) implementation of zon8 ing and other land use regula9 tions and plans to support infill, 

10 transit-oriented development, re11 development, or mixed use devel12 opment; 

13 ‘‘(dd) travel demand man14 agement programs (including 

15 carpool, vanpool, or car-share 

16 projects), transportation pricing 

17 measures, parking policies, and 

18 programs to promote telecom19 muting, flexible work schedules, 

20 and satellite work centers; 

21 ‘‘(ee) highway and transit 

22 operational improvements, includ23 ing intelligent transportation sys24 tems or other operational im25 provements to reduce congestion 


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1 and improve system manage2 ment; 

3 ‘‘(ff) intercity passenger rail 

4 improvements; 

5 ‘‘(gg) high-speed rail im6 provements and programs; 

7 ‘‘(hh) intercity bus improve8 ments; 

9 ‘‘(ii) freight rail improve10 ments; 

11 ‘‘(jj) use of materials or 

12 equipment associated with the 

13 construction or maintenance of 

14 transportation projects that re15 duce oil consumption and green16 house gas emissions; 

17 ‘‘(kk) public facilities for 

18 supplying electricity to electric or 

19 plug-in hybrid-electric vehicles; 

20 ‘‘(ll) local street network im21 provements; and 

22 ‘‘(mm) any other effort that 

23 demonstrates progress in reduc24 ing transportation-related oil conVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 sumption and greenhouse gas 

2 emissions. 

3 ‘‘(iv) IDENTIFICATION OF PROJECTS

4 AND STRATEGIES.—The plan developed 

5 under this section shall include a list of 

6 projects and strategies based on the tar7 gets and strategies identified under clause 

8 (iii). 

9 ‘‘(C) COORDINATION AND CONSULTATION

10 WITH PUBLIC AGENCIES.—Transportation oil 

11 savings and greenhouse gas emission targets 

12 and plans pursuant to this section shall be de13 veloped— 

14 ‘‘(i) in coordination with— 

15 ‘‘(I) all metropolitan planning or16 ganizations covered by this section 

17 within the State; and 

18 ‘‘(II) transportation and air qual19 ity agencies within the State; 

20 ‘‘(ii) in consultation with representa21 tives of State and local housing, economic 

22 development, energy, and land use agen23 cies; and 

24 ‘‘(iii) in consultation with Indian 

25 tribes contiguous to the State. 


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1 ‘‘(D) ENFORCEMENT.—Not later than 180 

2 days after the date of submission of a plan 

3 under this section— 

4 ‘‘(i) the Secretary and the Adminis5 trator shall review the plan; and 

6 ‘‘(ii) the Secretary shall make a deter7 mination that the plan submitted by a 

8 State meets the requirements of subpara9 graph (B) if— 

10 ‘‘(I) the Secretary finds that a 

11 State has developed, submitted, and 

12 published the plan pursuant to this 

13 section; 

14 ‘‘(II) the Secretary, in consulta15 tion with the Administrator, deter16 mines that the plan is likely to achieve 

17 the targets established by the State 

18 under this subsection; and 

19 ‘‘(III) the development of the 

20 plan complies with the minimum re21 quirements established under clauses 

22 (ii) and (iii) of subparagraph (B). 

23 ‘‘(E) PLANNING FINDING.— 

24 ‘‘(i) IN GENERAL.—Only States that 

25 meet the requirements of subparagraph 


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•HR 6564 IH

1 (B) shall be eligible to receive performance 

2 grants under section 402(c) of the Oil 

3 Independence for a Stronger America Act 

4 of 2010. 

5 ‘‘(ii) FAILURE TO COMPLY.—Failure 

6 to comply with the requirements under 

7 subparagraph (B) shall not impact the 

8 planning finding under subsection (g)(7).’’. 

9 (2) TITLE 49.—Section 5304 of title 49, United 

10 States Code is amended— 

11 (A) in subsection (d)(1)(E)— 

12 (i) by inserting ‘‘sustainability, and 

13 livability, reduce surface transportation-re14 lated oil consumption and greenhouse gas 

15 emissions, adapt to the effects of climate 

16 change,’’ after ‘‘energy conservation,’’; 

17 (ii) by inserting ‘‘and public health’’ 

18 after ‘‘quality of life’’; and 

19 (iii) by inserting ‘‘, including housing 

20 and land use patterns’’ after ‘‘development 

21 patterns’’; and 

22 (B) in subsection (f)— 

23 (i) in paragraph (2)(D)(i)— 


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1 (I) by striking ‘‘, as appropriate, 

2 in consultation’’ and inserting ‘‘in co3 operation’’; 

4 (II) by inserting ‘‘State and local 

5 agencies and Indian tribes responsible 

6 for transportation, public transpor7 tation, air quality, and housing and in 

8 consultation with’’ before ‘‘State, trib9 al’’; and 

10 (III) by inserting ‘‘public 

11 health,’’ after ‘‘conservation,’’; 

12 (ii) in paragraph (3)(B)(iii), by insert13 ing ‘‘and through the Web site of the 

14 State, including oil savings and emission 

15 reduction targets and strategies developed 

16 under paragraph (9) and an analysis of the 

17 anticipated effects of the targets and strat18 egies’’ after ‘‘World Wide Web’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(9) TRANSPORTATION OIL SAVINGS AND

22 GREENHOUSE GAS REDUCTION EFFORTS.— 

23 ‘‘(A) IN GENERAL.—Within a State, the 

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1 sumption and greenhouse gas emissions by in2 cluding oil savings and emission reduction tar3 gets and strategies to meet those targets. 

4 ‘‘(B) ESTABLISHMENT OF TARGETS AND

5 CRITERIA.— 

6 ‘‘(i) IN GENERAL.—Not later than 2 

7 years after the promulgation of the final 

8 regulations required under section 220 of 

9 the Clean Air Act, each State shall develop 

10 surface transportation-related oil savings 

11 and greenhouse gas emission reduction tar12 gets, as well as strategies to meet those 

13 targets, in consultation with State air 

14 agencies and Indian tribes as part of the 

15 transportation planning process under this 

16 section. 

17 ‘‘(ii) MINIMUM REQUIREMENTS.— 

18 Each transportation plan developed by a 

19 State under clause (i) shall, within the 

20 plan, demonstrate progress in stabilizing 

21 and reducing transportation-related oil 

22 consumption and greenhouse gas emissions 

23 in the State so as to contribute to the 

24 achievement of national targets pursuant 

25 to section 220(a)(1) of the Clean Air Act. 


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1 ‘‘(iii) REQUIREMENTS FOR TARGETS

2 AND STRATEGIES.—The targets and strat3 egies developed as part of a plan under 

4 this subparagraph shall, at a minimum— 

5 ‘‘(I) be based on the oil consump6 tion and emission models and related 

7 methodologies established in the final 

8 regulations required under section 

9 220 of the Clean Air Act; 

10 ‘‘(II) inventory all sources of sur11 face transportation-related oil con12 sumption and greenhouse gas emis13 sions; 

14 ‘‘(III) apply to those modes of 

15 surface transportation that are ad16 dressed in the planning process under 

17 this section; 

18 ‘‘(IV) be integrated and con19 sistent with statewide transportation 

20 plans and statewide transportation 

21 improvement programs; and 

22 ‘‘(V) be selected through scenario 

23 analysis (as defined in section 

24 134(k)(1) of title 23), and include, 

25 pursuant to the requirements of the 


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1 transportation planning process under 

2 this section, transportation investment 

3 and management strategies that re4 duce oil consumption and greenhouse 

5 gas emissions from the transportation 

6 sector over the life of the plan, such 

7 as— 

8 ‘‘(aa) efforts to increase 

9 public transportation ridership, 

10 including through service im11 provements, capacity expansions, 

12 and access enhancement; 

13 ‘‘(bb) efforts to increase 

14 walking, bicycling, and other 

15 forms of nonmotorized transpor16 tation; 

17 ‘‘(cc) implementation of zon18 ing and other land use regula19 tions and plans to support infill, 

20 transit-oriented development, re21 development, or mixed use devel22 opment; 

23 ‘‘(dd) travel demand man24 agement programs (including 

25 carpool, vanpool, or car-share 


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1 projects), transportation pricing 

2 measures, parking policies, and 

3 programs to promote telecom4 muting, flexible work schedules, 

5 and satellite work centers; 

6 ‘‘(ee) highway and transit 

7 operational improvements, includ8 ing intelligent transportation sys9 tems or other operational im10 provements to reduce congestion 

11 and improve system manage12 ment; 

13 ‘‘(ff) intercity passenger rail 

14 improvements; 

15 ‘‘(gg) high-speed rail im16 provements and programs; 

17 ‘‘(hh) intercity bus improve18 ments; 

19 ‘‘(ii) freight rail improve20 ments; 

21 ‘‘(jj) use of materials or 

22 equipment associated with the 

23 construction or maintenance of 

24 transportation projects that reVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 duce oil consumption and green2 house gas emissions; 

3 ‘‘(kk) public facilities for 

4 supplying electricity to electric or 

5 plug-in hybrid-electric vehicles; 

6 and 

7 ‘‘(ll) any other effort that 

8 demonstrates progress in reduc9 ing transportation-related oil con10 sumption and greenhouse gas 

11 emissions. 

12 ‘‘(iv) IDENTIFICATION OF PROJECTS

13 AND STRATEGIES.—The plan developed 

14 under this section shall include a list of 

15 projects and strategies based on the tar16 gets and strategies identified under clause 

17 (iii). 

18 ‘‘(C) COORDINATION AND CONSULTATION

19 WITH PUBLIC AGENCIES.—Transportation oil 

20 savings and greenhouse gas targets and plans 

21 pursuant to this section shall be developed— 

22 ‘‘(i) in coordination with— 

23 ‘‘(I) all metropolitan planning or24 ganizations covered by this section 

25 within the State; and 


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1 ‘‘(II) transportation and air qual2 ity agencies within the State; 

3 ‘‘(ii) in consultation with representa4 tives of State and local housing, economic 

5 development, energy, and land use agen6 cies; and 

7 ‘‘(iii) in consultation with Indian 

8 tribes contiguous to the State. 

9 ‘‘(D) ENFORCEMENT.—Not later than 180 

10 days after the date of submission of a plan 

11 under this section— 

12 ‘‘(i) the Secretary and the Adminis13 trator shall review the plan; and 

14 ‘‘(ii) the Secretary shall make a deter15 mination that the plan submitted by a 

16 State meets the requirements of subpara17 graph (B) if— 

18 ‘‘(I) the Secretary finds that a 

19 State has developed, submitted, and 

20 published the plan pursuant to this 

21 section; 

22 ‘‘(II) the Secretary, in consulta23 tion with the Administrator, deter24 mines that the plan is likely to achieve 


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1 the targets established by the State 

2 under this subsection; and 

3 ‘‘(III) the development of the 

4 plan complies with the minimum re5 quirements established under clauses 

6 (ii) and (iii) of subparagraph (B). 

7 ‘‘(E) PLANNING FINDING.— 

8 ‘‘(i) IN GENERAL.—Only States that 

9 meet the requirements of subparagraph 

10 (B) shall be eligible to receive performance 

11 grants under section 402(c) of the Oil 

12 Independence for a Stronger America Act 

13 of 2010. 

14 ‘‘(ii) FAILURE TO COMPLY.—Failure 

15 to comply with the requirements under 

16 subparagraph (B) shall not impact the 

17 planning finding under subsection (g)(7).’’. 

18 (d) LAND USE AUTHORITY.—Nothing in this section 

19 or an amendment made by this section— 

20 (1) infringes on the existing authority of local 

21 governments to plan or control land use; or 

22 (2) provides or transfers authority over land 

23 use to any other entity. 


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1 (e) TABLE OF CONTENTS.—The table of contents of 

2 title II of the Clean Air Act (42 U.S.C. prec. 7401) is 

3 amended by adding at the end the following: 

‘‘Sec. 220. Greenhouse gas emission reductions through transportation efficiency.’’. 

4 SEC. 402. INVESTING IN TRANSPORTATION GREENHOUSE 

5 GAS EMISSION REDUCTION PROGRAMS. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 (referred to in this section as the ‘‘Secretary’’) shall dis8 tribute funds made available to carry out this section to 

9 States and metropolitan planning organizations to carry 

10 out the purposes of this section for each fiscal year, includ11 ing— 

12 (1) supporting the development and updating of 

13 transportation greenhouse gas reduction targets and 

14 strategies; and 

15 (2) providing financial assistance to implement 

16 plans approved pursuant to— 

17 (A) sections 134(k)(6) and 135(f)(9) of 

18 title 23, United States Code; and 

19 (B) sections 5303(k)(7) and 5304(f)(9) of 

20 title 49, United States Code. 

21 (b) ALLOCATION FOR PLANNING.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Secretary shall distribute not more than 10 per24 cent of the funds available to carry out this section 


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1 for a fiscal year for metropolitan planning organiza2 tions to develop and update transportation plans, in3 cluding targets and strategies for greenhouse gas 

4 emission reduction under— 

5 (A) sections 134(k)(6) and 135(f)(9) of 

6 title 23, United States Code; and 

7 (B) sections 5303(k)(7) and 5304(f)(9) of 

8 title 49, United States Code. 

9 (2) ELIGIBLE ORGANIZATIONS.—The Secretary 

10 shall distribute the funds available under paragraph 

11 (1) to metropolitan planning organizations (as de12 fined in section 134(k)(1) of title 23, United States 

13 Code) in the proportion that— 

14 (A) the population within such a metropoli15 tan planning organization; bears to 

16 (B) the total population of all such metro17 politan planning organizations. 

18 (c) PERFORMANCE AWARDS.— 

19 (1) IN GENERAL.—After distributing funds pur20 suant to subsection (b)(1), and subject to subsection 

21 (h), the Secretary shall distribute the remainder of 

22 the funds made available to carry out this section to 

23 provide support to States and metropolitan planning 

24 organizations. 


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1 (2) CRITERIA.—In making distributions under 

2 this subsection, the Secretary, in consultation with 

3 the Administrator, shall develop criteria for making 

4 the distribution, taking into consideration, with re5 spect to areas to be covered by the distributions— 

6 (A) the quantity of total oil consumption 

7 and greenhouse gas emissions to be reduced as 

8 a result of implementation of a plan, within a 

9 covered area; 

10 (B) the quantity of total oil consumption 

11 and greenhouse gas emissions to be reduced per 

12 capita as a result of the implementation of a 

13 plan, within the covered area; 

14 (C) the cost-effectiveness of reducing oil 

15 consumption and greenhouse gas emissions dur16 ing the life of the plan; 

17 (D) progress toward achieving oil savings 

18 and emission reductions target established 

19 under— 

20 (i) sections 134(k)(6) and 135(f)(9) of 

21 title 23, United States Code; and 

22 (ii) sections 5303(k)(7) and 

23 5304(f)(9) of title 49, United States Code; 

24 (E) reductions in oil consumption and 

25 greenhouse gas emissions previously achieved by 


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1 States and metropolitan planning organizations 

2 during the 5-year period beginning on the date 

3 of enactment of this Act; 

4 (F) the extent to which the plan increases 

5 transportation options and mobility, particularly 

6 for low-income individuals, minorities, the elder7 ly, households without motor vehicles, cost-bur8 dened households, and the disabled; 

9 (G) the extent to which projects funded 

10 will facilitate development patterns and strate11 gies that reduce oil consumption and green12 house gas emissions; and 

13 (H) other factors, including innovative ap14 proaches, minimization of costs, and consider15 ation of economic development, revenue genera16 tion, consumer fuel cost-savings, and other eco17 nomic, environmental, and health benefits, as 

18 the Secretary determines to be appropriate. 

19 (d) REQUIREMENT FOR REDUCED OIL CONSUMP20 TION AND EMISSIONS.—Funds received under subsection 

21 (c) may be used only to fund strategies that demonstrate 

22 reductions in oil consumption and greenhouse gas emis23 sions that are sustainable over the life of the applicable 

24 transportation plan. 


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1 (e) COST-SHARING.—The Federal share of the costs 

2 of a project receiving Federal financial assistance under 

3 this section shall be 80 percent. 

4 (f) COMPLIANCE WITH APPLICABLE LAWS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), a 

6 project receiving funds under this section shall com7 ply with all applicable Federal laws (including regu8 lations), including applicable requirements of titles 

9 23 and 49, United States Code. 

10 (2) ELIGIBILITY.—Project eligibility shall be 

11 determined in accordance with this section. 

12 (3) DETERMINATION OF APPLICABLE MODAL

13 REQUIREMENTS.—The Secretary shall— 

14 (A) have the discretion to designate the 

15 specific modal requirements that shall apply to 

16 a project; and 

17 (B) be guided by the predominant modal 

18 characteristics of the project in the event that 

19 a project has cross-modal application. 

20 (g) ADDITIONAL REQUIREMENTS.—As a condition of 

21 the receipt of funds under this section, the interests of 

22 public transportation employees affected by the assistance 

23 shall be protected under arrangements that the Secretary 

24 of Labor determines— 

25 (1) to be fair and equitable; and 


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1 (2) to provide benefits equal to the benefits es2 tablished under section 5333(b) of title 49, United 

3 States Code. 

4 (h) MISCELLANEOUS.— 

5 (1) ROAD-USE AND CONGESTION PRICING

6 MEASURES.—All projects supported by funds made 

7 available under this section shall not be subject to 

8 section 301 of title 23, United States Code shall be 

9 eligible to receive amounts collected through road10 use and congestion pricing measures. 

11 (2) LIMITATIONS.—The Administrator may not 

12 approve any transportation plan for a project that 

13 would be inconsistent with existing design, procure14 ment, and construction guidelines established by the 

15 Department of Transportation. 

16 (3) TRANSFERS.—With the approval of the Sec17 retary, recipients of funds under this section may 

18 enter into agreements providing for the transfer of 

19 funds or value to private transportation providers or 

20 ineligible public entities (such as local governments, 

21 air quality agencies, zoning commissions, special dis22 tricts, and transit agencies) that have statutory re23 sponsibility or authority for actions necessary to im24 plement strategies pursuant to— 


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1 (A) sections 134(k)(6) and 135(f)(9) of 

2 title 23, United States Code; and 

3 (B) sections 5303(k)(7) and 5304(f)(9) of 

4 title 49, United States Code. 

5 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section. 

8 SEC. 403. COMMUTER BENEFITS EQUITY. 

9 (a) UNIFORM DOLLAR LIMITATION FOR ALL TYPES

10 OF TRANSPORTATION FRINGE BENEFITS.— 

11 (1) IN GENERAL.— 

12 (A) Paragraph (2) of section 132(f) of the 

13 Internal Revenue Code of 1986 (relating to lim14 itation on exclusion) is amended— 

15 (i) by striking ‘‘$100’’ in subpara16 graph (A) and inserting ‘‘$230’’, 

17 (ii) by striking ‘‘$175’’ in subpara18 graph (B) and inserting ‘‘$230’’, and 

19 (iii) by striking ‘‘and (B)’’ in subpara20 graph (A) and inserting ‘‘, (B), and (D)’’. 

21 (B) Subclause (II) of section 

22 132(f)(5)(F)(iii) of such Code is amended by 

23 striking ‘‘, (B),’’. 

24 (2) REPEAL OF CONSTRUCTIVE RECEIPT

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1 MENTS.—Paragraph (4) of section 132(f) of such 

2 Code is amended by striking ‘‘(other than a qualified 

3 bicycle commuting reimbursement)’’. 

4 (3) INFLATION ADJUSTMENT CONFORMING

5 AMENDMENTS.—Subparagraph (A) of section 

6 132(f)(6) of such Code (relating to inflation adjust7 ment) is amended— 

8 (A) by striking the last sentence, 

9 (B) by striking ‘‘1999’’ and inserting 

10 ‘‘2009’’, and 

11 (C) by striking ‘‘1998’’ and inserting 

12 ‘‘2008’’. 

13 (4) EFFECTIVE DATE.—The amendments made 

14 by this section shall apply to taxable years beginning 

15 after December 31, 2008. 

16 (b) CLARIFICATION OF FEDERAL EMPLOYEE BENE17 FITS.—Section 7905 of title 5, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2)(C), by inserting 

21 ‘‘and’’ after the semicolon; 

22 (B) in paragraph (3), by striking ‘‘; and’’ 

23 and inserting a period; and 

24 (C) by striking paragraph (4); and 


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1 (2) in subsection (b)(2), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A) a qualified transportation fringe as de4 fined in section 132(f)(1) of the Internal Revenue 

5 Code of 1986;’’. 

6 Subtitle B—Freight Transportation 

7 SEC. 411. FREIGHT TRANSPORTATION GOAL AND PLAN. 

8 (a) FREIGHT TRANSPORTATION OPTIONS GOAL.— 

9 (1) IN GENERAL.—Subject to paragraph (2), it 

10 shall be the goal of the United States to shift at 

11 least 10 percent of freight shipped by truck to rail 

12 or marine shipping by calendar year 2020. 

13 (2) INCREASE.—The Secretary of Transpor14 tation may increase the goal established under para15 graph (1) based on the evaluation of national freight 

16 rail and marine shipping infrastructure and the na17 tional freight transportation options plan developed 

18 pursuant to subsection (b). 

19 (b) FREIGHT TRANSPORTATION PLAN.— 

20 (1) IN GENERAL.—Not later than 18 months 

21 after the date of enactment of this Act, the Sec22 retary of Transportation shall develop a national 

23 freight transportation options plan. 

24 (2) CONTENTS.—The plan developed under 

25 paragraph (1) shall include— 


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1 (A) an evaluation of national freight rail 

2 and marine shipping infrastructure; 

3 (B) an assessment of barriers to increased 

4 movement of freight by rail and marine ship5 ping; 

6 (C) an identification of areas or corridors 

7 in which additional capacity or other infrastruc8 ture is needed to allow increased use of freight 

9 rail and marine shipping; and 

10 (D) a strategic plan for investments in ca11 pacity or other measures to encourage increased 

12 use of freight rail and marine shipping to meet 

13 the goal established under subsection (a). 

14 SEC. 412. FREIGHT RAIL CONGESTION GRANTS. 

15 (a) IN GENERAL.—Section 24105 of title 49, United 

16 States Code, is amended to read as follows: 

17 ‘‘SEC. 24105. FREIGHT RAIL CONGESTION GRANTS. 

18 ‘‘(a) AUTHORITY.—The Secretary of Transportation 

19 may make grants to States for financing the capital costs 

20 of facilities, infrastructure, and equipment for high pri21 ority rail corridor projects necessary to reduce congestion 

22 in freight rail transportation. 

23 ‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for 

24 grants under this section shall be covered by a State rail 


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1 plan and provide public benefits (as defined by chapter 

2 27). 

3 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

4 cost of a project financed under this section shall not ex5 ceed 80 percent. 

6 ‘‘(d) GRANT CONDITIONS.—The Secretary of Trans7 portation shall require each recipient of a grant under this 

8 section to comply with the applicable grant requirements 

9 of section 24405. 

10 ‘‘(e) EQUITABLE DISTRIBUTION.—The Secretary 

11 shall take such measures as are necessary to ensure an 

12 equitable geographic distribution of funds and an appro13 priate balance in addressing the needs of urban and rural 

14 communities. 

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

16 are authorized to be appropriated to carry out this section 

17 such sums as are necessary.’’. 

18 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

19 sections for chapter 241 of title 49, United States Code, 

20 is amended by striking the item relating to section 24105 

21 and inserting the following: 

‘‘Sec. 24105. Freight rail congestion grants.’’. 

22 SEC. 413. RAIL ELECTRIFICATION STUDY. 

23 (a) IN GENERAL.—The Comptroller General of the 

24 United States shall conduct a study on the benefits and 

25 costs of electrification of rail corridors, including the role 


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1 of rail electrification in meeting the national oil independ2 ence goal established under section 101. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Comptroller General shall 

5 submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives a report describing the results of the study 

9 required under subsection (a). 

10 TITLE V—ALTERNATIVE 

11 TRANSPORTATION FUELS 

12 Subtitle A—Advanced Biofuels 

13 SEC. 501. ALLOWANCE OF INVESTMENT TAX CREDIT FOR 

14 ADVANCED BIOFUEL FACILITIES. 

15 (a) IN GENERAL.—Subsection (a) of section 48 of the 

16 Internal Revenue Code of 1986 is amended by adding at 

17 the end the following new paragraph: 

18 ‘‘(6) ELECTION TO TREAT QUALIFIED AD19 VANCED BIOFUEL FACILITIES AS ENERGY PROP20 ERTY.— 

21 ‘‘(A) IN GENERAL.—In the case of any 

22 qualified property which is part of a qualified 

23 advanced biofuel facility— 


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1 ‘‘(i) such property shall be treated as 

2 energy property for purposes of this sec3 tion, and 

4 ‘‘(ii) the energy percentage with re5 spect to such property shall be 30 percent. 

6 ‘‘(B) QUALIFIED PROPERTY.—For pur7 poses of this paragraph, the term ‘qualified 

8 property’ means property— 

9 ‘‘(i) which is— 

10 ‘‘(I) tangible personal property, 

11 or 

12 ‘‘(II) other tangible property (not 

13 including a building or its structural 

14 components), but only if such prop15 erty is used as an integral part of the 

16 qualified investment credit facility, 

17 and 

18 ‘‘(ii) with respect to which deprecia19 tion (or amortization in lieu of deprecia20 tion) is allowable. 

21 ‘‘(C) QUALIFIED ADVANCED BIOFUEL FA22 CILITY.—For purposes of this paragraph, the 

23 term ‘qualified advanced biofuel facility’ means 

24 any facility— 


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1 ‘‘(i) the primary purpose of which is 

2 the production of advanced biofuels which 

3 are transportation-grade fuels, 

4 ‘‘(ii) which is originally placed in serv5 ice by the taxpayer after the date of the 

6 enactment of this paragraph and before 

7 December 31, 2015, and 

8 ‘‘(iii) with respect to which the tax9 payer makes an election to have this para10 graph apply. 

11 ‘‘(D) ADVANCED BIOFUELS.—For pur12 poses of subparagraph (C), the term ‘advanced 

13 biofuel’ means any advanced biofuel (as defined 

14 in section 211(o)(1)(B) of the Clean Air Act) 

15 which— 

16 ‘‘(i) has lifecycle greenhouse gas emis17 sions (as defined in section 211(o)(1)(H) 

18 of the Clean Air Act) at least 50 percent 

19 less than baseline lifecycle greenhouse gas 

20 emissions (as defined in section 

21 211(o)(1)(C) of such Act), and 

22 ‘‘(ii) the Secretary of the Treasury de23 termines is produced in commercial quan24 tities of less than 500,000,000 gallons an25 nually. 


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1 ‘‘(E) SPECIAL RULE FOR ALGAL

2 BIOCRUDE.—For purposes of this paragraph, in 

3 the case of a facility which produces fuel which 

4 is derived from any cultivated algae, 

5 cyanobacteria, or lemna, and which is sold by 

6 the taxpayer to another person for refining by 

7 such other person into an advanced biofuel— 

8 ‘‘(i) such facility shall be treated as a 

9 qualified advanced biofuel facility, and 

10 ‘‘(ii) except as provided in this sub11 paragraph, such fuel (and any fuel derived 

12 from such fuel) shall not be taken into ac13 count under this section with respect to 

14 the taxpayer or any other person. 

15 ‘‘(F) SPECIAL RULE FOR CONVERSION OF

16 ETHANOL FUEL PRODUCTION FACILITIES.— 

17 ‘‘(i) IN GENERAL.—In the case of a 

18 facility which produces ethanol and which 

19 is retrofitted to produce biobutanol, the 

20 credit determined under this section shall 

21 be determined without regard to the cost 

22 of the portion of the facility which pro23 duced ethanol. 

24 ‘‘(ii) TERMINATION.—Clause (i) shall 

25 not apply to any property placed in service 


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1 during any taxable year beginning after 

2 the first calendar year during which the 

3 Secretary determines the annual capacity 

4 of biobutanol facilities placed in service in 

5 the United States to be 500,000,000 gal6 lons or more. 

7 ‘‘(iii) BIOBUTANOL.—For purposes of 

8 this paragraph, the term ‘biobutanol’ 

9 means butanol produced from renewable 

10 biomass (as defined in section 211(o)(1)(I) 

11 of the Clean Air Act). 

12 ‘‘(G) COORDINATION WITH OTHER FUEL

13 PROVISIONS.—No credit shall be allowed under 

14 section 40, 40A, or 6426 for any taxable year 

15 with respect to any qualified advanced biofuel 

16 facility or any fuel produced by such facility.’’. 

17 (b) COORDINATION WITH SPECIAL ALLOWANCE FOR

18 CELLULOSIC BIOFUEL PLANT PROPERTY.—Paragraph 

19 (8) of section 168(l) of the Internal Revenue Code of 1986 

20 is amended by inserting ‘‘or under section 48(a)(6)’’ be21 fore the period at the end. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to property placed in service after 

24 the date of the enactment of this Act. 


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1 SEC. 502. GRANTS FOR ADVANCED BIOFUEL FACILITY 

2 PROPERTY. 

3 Section 1603 of division B of the American Recovery 

4 and Reinvestment Act of 2009 is amended by adding at 

5 the end the following new subsection: 

6 ‘‘(k) APPLICATION TO QUALIFIED ADVANCED

7 BIOFUEL FACILITY PROPERTY.— 

8 ‘‘(1) IN GENERAL.—In the case of qualified 

9 property (as defined in section 48(a)(6)(B) of the 

10 Internal Revenue Code of 1986) which is part of a 

11 qualified advanced biofuel facility (within the mean12 ing of section 48(a)(6)(C) of such Code)— 

13 ‘‘(A) such qualified property shall be treat14 ed as specified energy property for purposes of 

15 this section, and 

16 ‘‘(B) in applying this section to such quali17 fied property— 

18 ‘‘(i) subsection (a) shall be applied— 

19 ‘‘(I) by substituting ‘the 2-year 

20 period beginning on the date of the 

21 enactment of this subsection’ for 

22 ‘2009 or 2010’ each place it appears, 

23 and 

24 ‘‘(II) by substituting ‘after such 

25 2-year period’ for ‘2010’ in paragraph 

26 (2) thereof, 


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1 ‘‘(ii) the applicable percentage with 

2 respect to such qualified property shall be 

3 30 percent, 

4 ‘‘(iii) the credit termination date with 

5 respect to such qualified property shall be 

6 January 1, 2016, and 

7 ‘‘(iv) subsection (j) shall be applied by 

8 substituting ‘the date which is 9-months 

9 after the 2-year period described in sub10 section (k)(2)(A)(i)’ for ‘October 1, 2011’. 

11 ‘‘(2) COORDINATION WITH OTHER FUELS CRED12 IT.—In the case of any qualified advanced biofuel 

13 facility which is treated as specified energy property 

14 by reason of paragraph (1), except as provided in 

15 paragraph (1), the fuel produced by such facility 

16 (and any fuel derived from such fuel) shall not be 

17 taken into account with respect to the taxpayer or 

18 any other person for purposes of determining any 

19 credit under section 40, 40A, or 6426 of the Inter20 nal Revenue Code of 1986.’’. 

21 SEC. 503. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINI22 TION OF CELLULOSIC BIOFUEL. 

23 (a) IN GENERAL.—Subclause (I) of section 

24 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is 

25 amended to read as follows: 


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1 ‘‘(I) is derived solely from quali2 fied feedstocks, and’’. 

3 (b) QUALIFIED FEEDSTOCK; SPECIAL RULES FOR

4 ALGAE.—Paragraph (6) of section 40(b) of such Code is 

5 amended by redesignating subparagraphs (F), (G), and 

6 (H) as subparagraphs (H), (I), and (J), respectively, and 

7 by inserting after subparagraph (E) the following new 

8 subparagraphs: 

9 ‘‘(F) QUALIFIED FEEDSTOCK.—For pur10 poses of this subparagraph— 

11 ‘‘(i) IN GENERAL.—The term ‘quali12 fied feedstock’ means— 

13 ‘‘(I) any lignocellulosic or 

14 hemicellulosic matter that is available 

15 on a renewable or recurring basis, and 

16 ‘‘(II) any algal organism. 

17 ‘‘(ii) ALGAL ORGANISM.—The term 

18 ‘algal organism’ means a single- or multi19 cellular organism which is primarily aquat20 ic and classified as a non-vascular plant, 

21 including microalgae, blue-green algae 

22 (cyanobacteria), and macroalgae (sea23 weeds). 

24 ‘‘(G) SPECIAL RULE FOR ALGAL

25 BIOCRUDE.—For purposes of this paragraph, in 


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1 the case of a taxpayer who produces fuel which 

2 is derived from any cultivated algae, 

3 cyanobacteria, or lemna, and which is sold by 

4 the taxpayer to another person for refining by 

5 such other person into an advanced biofuel (as 

6 defined in section 48(a)(6)(C))— 

7 ‘‘(i) such fuel shall be treated as a 

8 qualified advanced biofuel facility, 

9 ‘‘(ii) the production of such fuel shall 

10 be treated as meeting the requirements of 

11 subparagraph (F)(i), and 

12 ‘‘(iii) except as provided in this sub13 paragraph, such fuel (and any fuel derived 

14 from such fuel) shall not be taken into ac15 count under this section or section 48 with 

16 respect to the taxpayer or any other per17 son.’’. 

18 (c) ALGAE TREATED AS A QUALIFIED FEEDSTOCK

19 FOR PURPOSES OF BONUS DEPRECIATION FOR BIOFUEL

20 PLANT PROPERTY.— 

21 (1) IN GENERAL.—Subparagraph (A) of section 

22 168(l)(2) is amended by striking ‘‘solely to produce 

23 cellulosic biofuel’’ and inserting ‘‘primarily to 

24 produce next generation biofuel (as defined in sec25 tion 40(b)(6)(E)’’. 


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1 (2) CONFORMING AMENDMENTS.—Subsection 

2 (l) of section 168 is amended— 

3 (A) by striking ‘‘cellulosic biofuel’’ each 

4 place it appears in the text thereof and insert5 ing ‘‘next generation biofuel’’, 

6 (B) by striking paragraph (3) and redesig7 nating paragraphs (4) through (8) as para8 graphs (3) through (7), respectively, 

9 (C) by striking ‘‘CELLULOSIC’’ in the 

10 heading of such subsection and inserting 

11 ‘‘NEXT GENERATION’’, and 

12 (D) by striking ‘‘CELLULOSIC’’ in the head13 ing of paragraph (2) and inserting ‘‘NEXT GEN14 ERATION’’. 

15 (d) CONFORMING AMENDMENTS.— 

16 (1) Section 40, as amended by subsection (b), 

17 is amended— 

18 (A) by striking ‘‘cellulosic biofuel’’ each 

19 place it appears in the text thereof and insert20 ing ‘‘next generation biofuel’’, 

21 (B) by striking ‘‘CELLULOSIC’’ in the 

22 headings of subsections (b)(6), (b)(6)(E), and 

23 (d)(3)(D) and inserting ‘‘NEXT GENERATION’’, 

24 and 


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1 (C) by striking ‘‘CELLULOSIC’’ in the head2 ings of subsections (b)(6)(C), (b)(6)(D), 

3 (b)(6)(H), (d)(6), and (e)(3) and inserting 

4 ‘‘NEXT GENERATION’’. 

5 (2) Clause (ii) of section 40(b)(6)(E) is amend6 ed by striking ‘‘Such term shall not’’ and inserting 

7 ‘‘The term ‘next generation biofuel’ shall not’’. 

8 (3) Paragraph (1) of section 4101(a) is amend9 ed by striking ‘‘cellulosic biofuel’’ and inserting 

10 ‘‘next generation biofuel’’. 

11 (e) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by this section 

14 shall apply to fuels sold or used after the date of the 

15 enactment of this Act. 

16 (2) APPLICATION TO BONUS DEPRECIATION.— 

17 The amendments made by subsection (c) shall apply 

18 to property placed in service after the date of the en19 actment of this Act. 

20 SEC. 504. EXTENSION OF NEXT GENERATION BIOFUEL PRO21 DUCER CREDIT. 

22 Subparagraph (J) of section 40(b)(6) of the Internal 

23 Revenue Code of 1986, as redesignated by section 503(b), 

24 is amended by striking ‘‘January 1, 2013’’ and inserting 

25 ‘‘January 1, 2016’’. 


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1 SEC. 505. MODIFICATION OF SPECIAL ALLOWANCE FOR 

2 NEXT GENERATION BIOFUEL PLANT PROP3 ERTY. 

4 (a) IN GENERAL.—Paragraph (2)(D) of section 

5 168(l) of the Internal Revenue Code of 1986 is amended 

6 by striking ‘‘January 1, 2013’’ and inserting ‘‘January 1, 

7 2016’’. 

8 (b) CLARIFICATION OF DEFINITION OF QUALIFIED

9 NEXT GENERATION BIOFUEL PLANT PROPERTY.—Sub10 paragraph (A) of section 168(l)(2) of such Code is amend11 ed by striking ‘‘solely’’ and inserting ‘‘primarily’’. 

12 (c) CONFORMING AMENDMENT.—Paragraph (5)(B) 

13 of section 168(l) of such Code, as redesignated by section 

14 503(b)(3), is amended by striking ‘‘January 1, 2013’’ and 

15 inserting ‘‘January 1, 2016’’. 

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

17 this section shall apply to property placed in service after 

18 the date of the enactment of this Act. 

19 SEC. 506. EXTENSION OF INCENTIVES FOR BIODIESEL AND 

20 RENEWABLE DIESEL. 

21 (a) CREDITS FOR BIODIESEL AND RENEWABLE DIE22 SEL USED AS FUEL.—Subsection (g) of section 40A of 

23 the Internal Revenue Code of 1986 is amended by striking 

24 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

25 2015’’. 


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1 (b) EXCISE TAX CREDITS AND OUTLAY PAYMENTS

2 FOR BIODIESEL AND RENEWABLE DIESEL FUEL MIX3 TURES.— 

4 (1) Paragraph (6) of section 6426(c) of such 

5 Code is amended by striking ‘‘December 31, 2009’’ 

6 and inserting ‘‘December 31, 2015’’. 

7 (2) Subparagraph (B) of section 6427(e)(6) of 

8 such Code is amended by striking ‘‘December 31, 

9 2009’’ and inserting ‘‘December 31, 2015’’. 

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

11 this section shall apply to fuel sold or used after December 

12 31, 2009. 

13 SEC. 507. EXTENSION OF ALCOHOL FUELS TAX CREDITS. 

14 (a) IN GENERAL.—Paragraph (1) of section 40(e) of 

15 the Internal Revenue Code of 1986 is amended— 

16 (1) in subparagraph (A), by striking ‘‘December 

17 31, 2010’’ and inserting ‘‘December 31, 2015’’, and 

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

19 1, 2011’’ and inserting ‘‘January 1, 2016’’. 

20 (b) RULE FOR CREDIT FOR ETHANOL BLENDERS.— 

21 Paragraph (1) of section 40(h) such Code is amended by 

22 adding at the end the following flush sentence: 

23 ‘‘In the case of any other taxable year, such sub24 sections shall not apply.’’. 


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

2 this section shall apply to alcohol produced, sold, or used 

3 after December 31, 2010. 

4 SEC. 508. EXCISE TAX CREDITS AND OUTLAY PAYMENTS 

5 FOR ALTERNATIVE FUEL AND ALTERNATIVE 

6 FUEL MIXTURES. 

7 (a) ALTERNATIVE FUEL CREDIT.—Paragraph (5) of 

8 section 6426(d) of the Internal Revenue Code of 1986 is 

9 amended by striking ‘‘after December 31, 2009’’ and all 

10 that follows and inserting the following: ‘‘after— 

11 ‘‘(A) September 30, 2014, in the case of 

12 liquefied hydrogen, 

13 ‘‘(B) December 31, 2015, in the case of 

14 fuels described in subparagraph (A), (C), (F), 

15 or (G) of paragraph (2), and 

16 ‘‘(C) December 31, 2009, in any other 

17 case.’’. 

18 (b) ALTERNATIVE FUEL MIXTURE CREDIT.—Para19 graph (3) of section 6426(e) of such Code is amended by 

20 striking ‘‘after December 31, 2009’’ and all that follows 

21 and inserting the following: ‘‘after— 

22 ‘‘(A) September 30, 2014, in the case of 

23 liquefied hydrogen, 


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1 ‘‘(B) December 31, 2015, in the case of 

2 fuels described in subparagraph (A), (C), (F), 

3 or (G) of subsection (d)(2), and 

4 ‘‘(C) December 31, 2009, in any other 

5 case.’’. 

6 (c) PAYMENT AUTHORITY.— 

7 (1) IN GENERAL.—Paragraph (6) of section 

8 6427(e) of such Code is amended by striking ‘‘and’’ 

9 at the end of subparagraph (C), by striking the pe10 riod at the end of subparagraph (D) and inserting 

11 ‘‘, and’’, and by adding at the end the following new 

12 subparagraph: 

13 ‘‘(E) any alternative fuel or alternative fuel 

14 mixture (as so defined) involving fuel described 

15 in subparagraph (A), (C), (F), or (G) of section 

16 6426(d)(2) sold or used after December 31, 

17 2010.’’. 

18 (2) CONFORMING AMENDMENT.—Subparagraph 

19 (C) of section 6427(e)(6) of such Code is amended 

20 by inserting ‘‘or (E)’’ after ‘‘subparagraph (D)’’. 

21 (d) EXCLUSION OF BLACK LIQUOR FROM CREDIT

22 ELIGIBILITY.—The last sentence of section 6426(d)(2) of 

23 such Code is amended by striking ‘‘or biodiesel’’ and in24 serting ‘‘biodiesel, or any fuel (including lignin, wood resiVerDate Mar 15 2010 23:14 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H6564.IH H6564

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1 dues, or spent pulping liquors) derived from the produc2 tion of paper or pulp’’. 

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

4 this section shall apply to fuel sold or used after December 

5 31, 2010. 

6 Subtitle B—Powering Vehicles 

7 With Natural Gas 

8 SEC. 511. CREDIT FOR QUALIFIED NATURAL GAS MOTOR 

9 VEHICLES. 

10 (a) IN GENERAL.— 

11 (1) IN GENERAL.—Subsection (e) of section 

12 30B of the Internal Revenue Code of 1986 (relating 

13 to new qualified alternative fuel motor vehicle credit) 

14 is amended by adding at the end the following new 

15 paragraphs: 

16 ‘‘(6) SPECIAL RULES FOR QUALIFIED NATURAL

17 GAS MOTOR VEHICLES.— 

18 ‘‘(A) IN GENERAL.—In the case of a quali19 fied natural gas motor vehicle— 

20 ‘‘(i) such motor vehicle shall be treat21 ed as a new qualified alternative fuel motor 

22 vehicle under this subsection, 

23 ‘‘(ii) paragraph (3) shall be applied by 

24 multiplying each of the dollar amounts 

25 contained in such paragraph by 2, and 


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1 ‘‘(iii) the credit allowed under this 

2 subsection shall be transferrable as pro3 vided in subparagraph (B). 

4 ‘‘(B) TRANSFERABILITY OF CREDIT.— 

5 ‘‘(i) IN GENERAL.—A taxpayer who 

6 places in service qualified natural gas 

7 motor vehicle may transfer the credit al8 lowed under this subsection with respect to 

9 such vehicle through an assignment to the 

10 seller, the manufacturer, or the lessee of 

11 such vehicle. Such transfer may be revoked 

12 only with the consent of the Secretary. 

13 ‘‘(ii) REGULATIONS.—The Secretary 

14 shall prescribe such regulations as nec15 essary to ensure that any credit trans16 ferred under clause (i) is claimed once and 

17 not reassigned by such other person. 

18 ‘‘(7) QUALIFIED NATURAL GAS MOTOR VEHI19 CLE.— 

20 ‘‘(A) IN GENERAL.—For purposes of this 

21 subsection, the term ‘qualified natural gas 

22 motor vehicle’ means any motor vehicle— 

23 ‘‘(i) which is described in subpara24 graph (B) or (C), 


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1 ‘‘(ii) the original use of which com2 mences with the taxpayer, 

3 ‘‘(iii) which is acquired by the tax4 payer for use or lease, but not for resale, 

5 and 

6 ‘‘(iv) which is placed in service before 

7 the date which is 10 years after the date 

8 of the enactment of this paragraph. 

9 ‘‘(B) HEAVY-DUTY VEHICLES.—A motor 

10 vehicle is described in this subparagraph if such 

11 motor vehicle— 

12 ‘‘(i) is made by a manufacturer, 

13 ‘‘(ii) has a gross vehicle weight rating 

14 of more than 8,500 pounds, and 

15 ‘‘(iii) is— 

16 ‘‘(I) only capable of operating on 

17 compressed or liquified natural gas, or 

18 ‘‘(II) capable of operating for 

19 more than 175 miles on 1 fueling of 

20 compressed or liquified natural gas 

21 and is capable of operating on gaso22 line or diesel fuel. 

23 ‘‘(C) CONVERTED OR REPOWERED VEHI24 CLES.— 


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1 ‘‘(i) IN GENERAL.—A motor vehicle is 

2 described in this subparagraph if such 

3 motor vehicle is a motor vehicle described 

4 in clause (ii) or clause (iii) which is con5 verted or repowered so that it— 

6 ‘‘(I) is only capable of operating 

7 on compressed or liquified natural 

8 gas, or 

9 ‘‘(II) is capable of operating for 

10 more than 175 miles on 1 fueling of 

11 compressed or liquified natural gas 

12 and is capable of operating on gaso13 line or diesel fuel, is capable of oper14 ating on compressed or liquefied nat15 ural gas. 

16 ‘‘(ii) HEAVY-DUTY VEHICLES.—A 

17 motor vehicle is described in this clause if 

18 such motor vehicle— 

19 ‘‘(I) has a gross vehicle weight 

20 rating of more than 8,500 pounds, 

21 and 

22 ‘‘(II) was not capable of oper23 ating on compressed or liquified nat24 ural gas before the date of such con25 version or repower. 


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1 ‘‘(iii) SPECIAL RULES.— 

2 ‘‘(I) TREATMENT AS NEW.—For 

3 purposes of this subsection, the origi4 nal use of any motor vehicle described 

5 in clause (i) shall be treated as begin6 ning with the first use after the date 

7 of the conversion or repower. 

8 ‘‘(II) RULE OF CONSTRUC9 TION.—In the case of a used vehicle 

10 which is converted or repowered, noth11 ing in this section shall be construed 

12 to require that the motor vehicle be 

13 acquired in the year the credit is 

14 claimed under this section with re15 spect to such vehicle. 

16 ‘‘(D) SPECIAL RULE.—For purposes of 

17 this subsection, in the case of a motor vehicle 

18 which— 

19 ‘‘(i) is described in subparagraph (C) 

20 or (D)(iii), 

21 ‘‘(ii) is placed in service after the date 

22 of the enactment of this paragraph, and 

23 ‘‘(iii) is placed in service by a tax24 payer in a taxable year prior to the taxable 

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1 ice the third such motor vehicle described 

2 in subparagraph (C) or (D)(iii) after such 

3 date of enactment, 

4 such motor vehicle shall be treated as placed in 

5 service in the taxable year in which such third 

6 motor vehicle is placed in service.’’. 

7 (2) CONFORMING AMENDMENT.—Subparagraph 

8 (B) of section 30B(e)(5) of such Code is amended 

9 by inserting ‘‘(other than a qualified natural gas 

10 motor vehicle)’’ after ‘‘paragraph (3)’’. 

11 (b) MIXED-FUEL VEHICLES.—Subparagraph (C) of 

12 section 30B(e)(5) of the Internal Revenue Code of 1986 

13 is amended by striking ‘‘a mixed-fuel vehicle which oper14 ates using’’ and all that follows and inserting the fol15 lowing: ‘‘a mixed-fuel vehicle which— 

16 ‘‘(i) in the case of such a vehicle 

17 which is capable of operating on com18 pressed or liquified natural gas, operates 

19 using at least 65 percent compressed or 

20 liquified natural gas and not more than 35 

21 percent petroleum-based fuel, and 

22 ‘‘(ii) in the case of any other such ve23 hicle, operates using at least 75 percent al24 ternative fuel and not more than 25 per25 cent petroleum-based fuel.’’. 


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1 (c) ALTERNATIVE MINIMUM TAX TREATMENT.— 

2 Subparagraph (B) of section 38(c)(4) of the Internal Rev3 enue Code of 1986 is amended by redesignating clauses 

4 (i) through (ix) as clauses (ii) through (x), respectively, 

5 and by inserting after before clause (ii) (as so redesig6 nated) the following new clause: 

7 ‘‘(i) the amount of the credit determined under sec8 tion 30B which is attributable to a qualified natural gas 

9 motor vehicle (as defined in section 30B(e)(7)),’’. 

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

11 this section shall apply to property placed in service after 

12 the date of the enactment of this Act. 

13 SEC. 512. NATURAL GAS VEHICLE BONDS. 

14 (a) IN GENERAL.—Subpart I of part IV of sub15 chapter A of chapter 1 (relating to qualified tax credit 

16 bonds) of the Internal Revenue Code of 1986, as amended 

17 by section 306, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘SEC. 54H. NATURAL GAS VEHICLE BONDS. 

20 ‘‘(a) NATURAL GAS VEHICLE BOND.—For purposes 

21 of this subpart, the term ‘natural gas vehicle bond’ means 

22 any bond issued as part of an issue if— 

23 ‘‘(1) 100 percent of the available project pro24 ceeds of such issue are to be used for capital expend25 itures incurred by a governmental body for 1 or 


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1 more qualified natural gas vehicle projects placed in 

2 service by such governmental body primarily for gov3 ernmental or public use, 

4 ‘‘(2) the bond is issued by a governmental body, 

5 ‘‘(3) the issuer designates such bond for pur6 poses of this section, and 

7 ‘‘(4) in lieu of the requirements of section 

8 54A(d)(2), the issue meets the requirements of sub9 section (c). 

10 ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES11 IGNATED.— 

12 ‘‘(1) IN GENERAL.—The maximum aggregate 

13 face amount of bonds which may be designated 

14 under subsection (a) by any issuer shall not exceed 

15 the limitation amount allocated under this sub16 section to such issuer. 

17 ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF

18 BONDS DESIGNATED.—There is a national natural 

19 gas vehicle bond limitation of $3,000,000,000. 

20 ‘‘(3) ALLOCATION BY SECRETARY.—The Sec21 retary shall allocate the amount described in para22 graph (2) among qualified natural gas vehicle 

23 projects in such manner as the Secretary determines 

24 appropriate. 


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1 ‘‘(c) SPECIAL RULES RELATING TO EXPENDI2 TURES.— 

3 ‘‘(1) IN GENERAL.—An issue shall be treated as 

4 meeting the requirements of this subsection if, as of 

5 the date of issuance, the issuer reasonably expects— 

6 ‘‘(A) 100 percent or more of the available 

7 project proceeds of such issue are to be spent 

8 for 1 or more qualified natural gas vehicle 

9 projects within the 5-year period beginning on 

10 the date of issuance of the natural gas vehicle 

11 bond, 

12 ‘‘(B) a binding commitment with a third 

13 party to spend at least 10 percent of such avail14 able project proceeds will be incurred within the 

15 6-month period beginning on the date of 

16 issuance of the natural gas vehicle bond, and 

17 ‘‘(C) such projects will be completed with 

18 due diligence and such available project pro19 ceeds will be spent with due diligence. 

20 ‘‘(2) EXTENSION OF PERIOD.—Upon submis21 sion of a request prior to the expiration of the period 

22 described in paragraph (1)(A), the Secretary may 

23 extend such period if the issuer establishes that the 

24 failure to satisfy the 5-year requirement is due to 


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1 reasonable cause and the related projects will con2 tinue to proceed with due diligence. 

3 ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT

4 OF BOND PROCEEDS WITHIN 5 YEARS.—To the ex5 tent that less than 100 percent of the available 

6 project proceeds of such issue are expended by the 

7 close of the 5-year period beginning on the date of 

8 issuance (or if an extension has been obtained under 

9 paragraph (2), by the close of the extended period), 

10 the issuer shall redeem all of the nonqualified bonds 

11 within 90 days after the end of such period. For 

12 purposes of this paragraph, the amount of the non13 qualified bonds required to be redeemed shall be de14 termined in the same manner as under section 142. 

15 ‘‘(d) GOVERNMENTAL BODY.—For purposes of this 

16 section, the term ‘governmental body’ means any State, 

17 territory, possession of the United States, the District of 

18 Columbia, Indian tribal government, and any political sub19 division thereof. 

20 ‘‘(e) QUALIFIED NATURAL GAS VEHICLE

21 PROJECT.—For purposes of this subpart, the term ‘quali22 fied natural gas vehicle project’ means— 

23 ‘‘(1) 1 or more qualified natural gas vehicles 

24 (as defined in section 30B(e)(7)), or 


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1 ‘‘(2) 1 or more qualified alternative fuel vehicle 

2 refueling properties which are used to store and or 

3 dispense compressed or liquefied natural gas (within 

4 the meaning of section 30C(c)). 

5 ‘‘(f) TERMINATION.—This section shall not apply 

6 with respect to any bond issued after December 31, 

7 2019.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Paragraph (1) of section 54A(d) of the In10 ternal Revenue Code of 1986, as amended by section 

11 306, is amended by striking ‘‘or’’ at the end of sub12 paragraph (E), by inserting ‘‘or’’ at the end of sub13 paragraph (F), and by inserting after subparagraph 

14 (F) the following new subparagraph: 

15 ‘‘(G) a natural gas vehicle bond,’’. 

16 (2) Subparagraph (C) of section 54A(d)(2) of 

17 such Code, as amended by section 306, is amended 

18 by striking ‘‘and’’ at the end of clause (v), by strik19 ing the period at the end of clause (vi) and inserting 

20 ‘‘, and’’, and by adding at the end the following new 

21 clause: 

22 ‘‘(vii) in the case of a natural gas ve23 hicle bond, a purpose specified in section 

24 54H(a)(1).’’. 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

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

3 such Code, as amended by section 306, is amended by add4 ing at the end the following new item: 

‘‘Sec. 54H. Natural gas vehicle bonds.’’. 

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

6 this section shall apply to bonds issued after the date of 

7 the enactment of this Act. 

8 SEC. 513. INCENTIVES FOR MANUFACTURING FACILITIES 

9 PRODUCING VEHICLES FUELED BY COM10 PRESSED OR LIQUIFIED NATURAL GAS. 

11 (a) DEDUCTION FOR MANUFACTURING FACILI12 TIES.— 

13 (1) IN GENERAL.—Part VI of subchapter B of 

14 chapter 1 of the Internal Revenue Code of 1986 (re15 lating to itemized deductions for individuals and cor16 porations) is amended by inserting after section 

17 179E the following new section: 

18 ‘‘SEC. 179F. EXPENSING FOR MANUFACTURING FACILITIES 

19 PRODUCING VEHICLES FUELED BY COM20 PRESSED NATURAL GAS OR LIQUIFIED NAT21 URAL GAS. 

22 ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 

23 elect to treat the applicable percentage of the cost of any 

24 qualified natural gas vehicle manufacturing facility prop25 erty as an expense which is not chargeable to a capital 


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1 account. Any cost so treated shall be allowed as a deduc2 tion for the taxable year in which the qualified manufac3 turing facility property is placed in service. 

4 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

5 subsection (a), the applicable percentage is— 

6 ‘‘(1) 100 percent, in the case of qualified nat7 ural gas vehicle manufacturing facility property 

8 which is placed in service before January 1, 2015, 

9 and 

10 ‘‘(2) 50 percent, in the case of qualified natural 

11 gas vehicle manufacturing facility property which is 

12 placed in service after December 31, 2014, and be13 fore January 1, 2020. 

14 ‘‘(c) ELECTION.— 

15 ‘‘(1) IN GENERAL.—An election under this sec16 tion for any taxable year shall be made on the tax17 payer’s return of the tax imposed by this chapter for 

18 the taxable year. Such election shall be made in such 

19 manner as the Secretary may by regulations pre20 scribe. 

21 ‘‘(2) ELECTION IRREVOCABLE.—Any election 

22 made under this section may not be revoked except 

23 with the consent of the Secretary. 


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1 ‘‘(d) QUALIFIED NATURAL GAS VEHICLE MANUFAC2 TURING FACILITY PROPERTY.—For purposes of this sec3 tion— 

4 ‘‘(1) IN GENERAL.—The term ‘qualified natural 

5 gas vehicle manufacturing facility property’ means 

6 any qualified property— 

7 ‘‘(A) the original use of which commences 

8 with the taxpayer, 

9 ‘‘(B) which is placed in service by the tax10 payer after the date of the enactment of this 

11 section and before January 1, 2020, and 

12 ‘‘(C) no written binding contract for the 

13 construction of which was in effect on or before 

14 the date of the enactment of this section. 

15 ‘‘(2) QUALIFIED PROPERTY.— 

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

17 property’ means any property which is a facility 

18 or a portion of a facility used for the production 

19 of— 

20 ‘‘(i) any qualified natural gas vehicles 

21 (as defined in section 30B(e)(7)), or 

22 ‘‘(ii) any eligible component. 

23 ‘‘(B) ELIGIBLE COMPONENT.—The term 

24 ‘eligible component’ means any component 


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1 which is designed specifically for use in such a 

2 qualified natural gas vehicle. 

3 ‘‘(e) SPECIAL RULE FOR DUAL USE PROPERTY.— 

4 ‘‘(1) IN GENERAL.—In the case of any qualified 

5 natural gas vehicle manufacturing facility property 

6 which is used to produce both property described in 

7 clauses (i) and (ii) of subsection (d)(2)(A) and prop8 erty which is not so described, the amount of costs 

9 taken into account under subsection (a) shall be re10 duced by an amount equal to— 

11 ‘‘(A) the total amount of such costs (deter12 mined before the application of this subsection), 

13 multiplied by 

14 ‘‘(B) the percentage of property expected 

15 to be produced which is not so described. 

16 ‘‘(2) REGULATIONS.—The Secretary shall pre17 scribe such regulations as are necessary to carry out 

18 the purpose of this subsection.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions of part VI of subchapter B of chapter 1 of the 

21 Internal Revenue Code of 1986 is amended by in22 serting after the item relating to section 179E the 

23 following new item: 

‘‘Sec. 179F. Expensing for manufacturing facilities producing vehicles fueled by 

compressed natural gas or liquified natural gas.’’. 


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1 (b) REFUND OF CREDIT FOR PRIOR YEAR MINIMUM

2 TAX LIABILITY.—Section 53 of the Internal Revenue 

3 Code of 1986 (relating to credit for prior year minimum 

4 tax liability) is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(g) ELECTION TO TREAT AMOUNTS ATTRIBUTABLE

7 TO QUALIFIED MANUFACTURING FACILITY.— 

8 ‘‘(1) IN GENERAL.—In the case of an eligible 

9 taxpayer, the amount determined under subsection 

10 (c) for the taxable year (after the application of sub11 section (e)) shall be increased by an amount equal 

12 to the applicable percentage of any qualified natural 

13 gas vehicle manufacturing facility property which is 

14 placed in service during the taxable year. 

15 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

16 of paragraph (1), the applicable percentage is— 

17 ‘‘(A) 35 percent, in the case of qualified 

18 natural gas vehicle manufacturing facility prop19 erty which is placed in service before January 

20 1, 2015, and 

21 ‘‘(B) 17.5 percent, in the case of qualified 

22 natural gas vehicle manufacturing facility prop23 erty which is placed in service after December 

24 31, 2014, and before January 1, 2020. 


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1 ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of 

2 this subsection, the term ‘eligible taxpayer’ means 

3 any taxpayer— 

4 ‘‘(A) who places in service qualified natural 

5 gas vehicle manufacturing facility property dur6 ing the taxable year, 

7 ‘‘(B) who does not make an election under 

8 section 179F(c), and 

9 ‘‘(C) who makes an election under this 

10 subsection. 

11 ‘‘(4) OTHER DEFINITIONS AND SPECIAL

12 RULES.— 

13 ‘‘(A) QUALIFIED NATURAL GAS VEHICLE

14 MANUFACTURING FACILITY PROPERTY.—The 

15 term ‘qualified natural gas vehicle manufac16 turing facility property’ has the meaning given 

17 such term under section 179F(d). 

18 ‘‘(B) SPECIAL RULE FOR DUAL USE PROP19 ERTY.—In the case of any qualified natural gas 

20 vehicle manufacturing facility property which is 

21 used to produce both qualified property (as de22 fined in section 179F(d)) and other property 

23 which is not qualified property, the amount of 

24 costs taken into account under paragraph (1) 

25 shall be reduced by an amount equal to— 


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1 ‘‘(i) the total amount of such costs 

2 (determined before the application of this 

3 subparagraph), multiplied by 

4 ‘‘(ii) the percentage of property ex5 pected to be produced which is not quali6 fied property. 

7 ‘‘(C) ELECTION.— 

8 ‘‘(i) IN GENERAL.—An election under 

9 this subsection for any taxable year shall 

10 be made on the taxpayer’s return of the 

11 tax imposed by this chapter for the taxable 

12 year. Such election shall be made in such 

13 manner as the Secretary may by regula14 tions prescribe. 

15 ‘‘(ii) ELECTION IRREVOCABLE.—Any 

16 election made under this subsection may 

17 not be revoked except with the consent of 

18 the Secretary. 

19 ‘‘(5) CREDIT REFUNDABLE.—For purposes of 

20 this title (other than this section), the credit allowed 

21 by reason of this subsection shall be treated as if it 

22 were allowed under subpart C.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable years beginning after 

25 the date of the enactment of this Act. 


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1 SEC. 514. BEST MANAGEMENT PRACTICES. 

2 Not later than one year after the date of enactment 

3 of this Act, the Secretary of the Interior shall promulgate 

4 final regulations that require oil and gas operators to use 

5 best management practices that ensure the sound, effi6 cient, and environmentally responsible development of oil 

7 and gas on Federal lands in a manner that avoids where 

8 practical, minimizes, and mitigates actual and anticipated 

9 impacts to environmental habitat functions resulting from 

10 oil and gas development. Such regulations may allow the 

11 Secretary to approve site-specific adjustments to address 

12 unique issues and circumstances, on a case-by-case basis. 

13 All such regulations shall be consistent with the United 

14 States trust responsibility to Indian tribes. 

15 SEC. 515. STUDY OF INCREASING NATURAL GAS AND LIQ16 UEFIED PETROLEUM GAS VEHICLES IN FED17 ERAL FLEET. 

18 (a) IN GENERAL.—The Administrator of General 

19 Services, in consultation with the Administrator and the 

20 Secretary, shall conduct a study of the means by which 

21 the Federal fleet could increase the number of light-, me22 dium-, and heavy-duty natural gas and liquefied petroleum 

23 gas vehicles in the fleet. 

24 (b) COMPONENTS.—In conducting the study, the Ad25 ministrator of General Services shall— 


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1 (1) take into consideration Executive Order 

2 13514 (74 Fed. Reg. 52117; relating to Federal 

3 leadership in environmental, energy, and economic 

4 performance) requiring agencies to meet a 30 per5 cent reduction in vehicle fleet petroleum use by 

6 2020; 

7 (2) assess— 

8 (A) the barriers to increasing the number 

9 of natural gas and liquefied petroleum gas vehi10 cles in the Federal fleet; 

11 (B) the potential for maximizing the use of 

12 natural gas and liquefied petroleum gas vehicles 

13 in the fleet; 

14 (C) the expected reductions in petroleum 

15 use and greenhouse gas emissions as part of the 

16 potential impacts of increasing natural gas and 

17 liquefied petroleum in the fleet; and 

18 (D) the lifecycle costs involved in fleet con19 versions, including the cost savings from re20 duced fuel consumption; 

21 (3) provide a separate analysis of the potential 

22 costs of installing the specific fueling infrastructure 

23 required to increase natural gas and liquefied petro24 leum gas in the fleet; and 


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1 (4) include feasibility assessments for increas2 ing the number of light-, medium-, and heavy-duty 

3 natural gas and liquefied petroleum gas vehicles in 

4 the fleet over a base period of 10 years and acceler5 ated periods of 3 and 5 years. 

6 (c) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, the Administrator of General 

8 Services shall submit to the appropriate committees of 

9 Congress a report on the results of the study conducted 

10 under this section. 

11 TITLE VI—HEATING OIL AND 

12 PROPANE CONSERVATION 

13 SEC. 601. ENERGY EFFICIENCY IMPROVEMENTS FOR HEAT14 ING OIL, PROPANE, AND KEROSENE USE IN 

15 HOMES AND COMMERCIAL BUILDINGS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COST-EFFECTIVE.—The term ‘‘cost-effec18 tive’’, with respect to an energy efficiency program, 

19 means that the program meets the total resource 

20 cost test, which requires that the net present value 

21 of economic benefits over the life of the program or 

22 measure (including avoided supply and delivery costs 

23 and deferred or avoided investments) is greater than 

24 the net present value of the economic costs over the 


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1 life of the program, including program costs and in2 cremental costs borne by the energy consumer. 

3 (2) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Energy. 

5 (3) NORA.—The term ‘‘NORA’’ means a na6 tional oilheat research alliance established pursuant 

7 to section 704 of the National Oilheat Research Alli8 ance Act of 2000 (42 U.S.C. 6201 note; Public Law 

9 106–469) or a successor entity. 

10 (4) PERC.—The term ‘‘PERC’’ means the 

11 Propane Education and Research Council authorized 

12 by the Propane Education and Research Act of 1996 

13 (15 U.S.C. 6401 et seq.) or a successor entity. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Energy. 

16 (b) ENERGY EFFICIENCY IMPROVEMENT FOR HEAT17 ING OIL, PROPANE, AND KEROSENE PROGRAM.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Department the Energy Efficiency Improvement 

20 for Heating Oil, Propane, and Kerosene Program 

21 under which the Secretary shall provide funds to 

22 each State that has elected to participate in pro23 grams operated by NORA or PERC to carry out 

24 cost-effective energy efficiency programs for homes 


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1 and buildings that use home heating oil, propane, 

2 and kerosene. 

3 (2) DISTRIBUTION OF FUNDS.—The Secretary 

4 shall distribute funds under paragraph (1) among 

5 the States based on the relative amount of funds col6 lected in each State under the National Oilheat Re7 search Alliance Act of 2000 (42 U.S.C. 6201 note; 

8 Public Law 106–469) and the Propane Education 

9 and Research Act of 1996 (15 U.S.C. 6401 et seq.). 

10 (c) USE OF PROCEEDS.— 

11 (1) IN GENERAL.—A State shall use the 

12 amounts distributed under subsection (b)(2) to carry 

13 out cost-effective energy efficiency programs for con14 sumers that use home heating oil, propane, or ker15 osene for residential or commercial purposes. 

16 (2) ADMINISTRATION AND DELIVERY MECHA17 NISMS.—In administering a program under this sec18 tion, a State shall— 

19 (A) to the maximum extent practicable, de20 liver efficiency programs through, or integrated 

21 with, existing energy efficiency programs super22 vised by the State, including, as appropriate, 

23 energy efficiency programs administered by par24 ties other than the State; 


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1 (B) to the maximum extent practicable, co2 ordinate the administration and delivery of en3 ergy efficiency programs supported under this 

4 section, among other such programs and with 

5 existing programs for various fuel types, to de6 liver comprehensive, fuel-blind, coordinated pro7 grams to consumers; 

8 (C) ensure that funding provided under 

9 this section does not displace or substitute for 

10 existing or alternative sources of funding for 

11 energy efficiency programs; 

12 (D) taking into account subparagraphs (A) 

13 through (C), designate 1 or more energy effi14 ciency program administrators for cost-effective 

15 home heating oil, propane, and kerosene effi16 ciency programs; 

17 (E) designate an existing, or establish a 

18 new, stakeholder oversight council or equivalent 

19 to review efficiency program designs and effi20 ciency program cost-effectiveness and make rec21 ommendation for improvement and ensure co22 ordination between efficiency programs for 

23 other fuels such as electricity and natural gas; 

24 (F) establish methodologies and processes 

25 for the manner by which efficiency programs 


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1 are developed, administered, reviewed, and ap2 proved in the State and report to the Secretary 

3 annually on the methodologies and processes 

4 used to develop, administer, review, and ap5 prove home heating oil, propane, and kerosene 

6 programs; and 

7 (G) ensure that evaluation, monitoring, 

8 and verification of the efficiency programs are 

9 conducted by an independent third party annu10 ally with reporting to the States, public, and 

11 the Secretary. 

12 (d) REPORTS.— 

13 (1) STATE.—Not later than April 30 of each 

14 year, each State that receives funds under this sec15 tion shall submit to the Secretary a report for the 

16 previous calendar year in accordance with such re17 quirements as the Secretary may prescribe that— 

18 (A) describes the use by the State of funds 

19 provided by this section, including a description 

20 of the cost-effective energy efficiency programs 

21 funded; 

22 (B) demonstrates the consumer savings, 

23 cost-effectiveness of, and the lifetime and an24 nual energy savings achieved by, energy effi25 ciency programs funded under this section; and 


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1 (C) includes a report prepared by an inde2 pendent third party, in accordance with such 

3 regulations as the Secretary may issue, evalu4 ating the performance of the cost-effective en5 ergy efficiency programs funded under this sec6 tion, including consumer savings, cost-effective7 ness of, and the lifetime and annual energy sav8 ings of the efficiency programs. 

9 (2) SECRETARY.— 

10 (A) IN GENERAL.—Not later than April 

11 30, 2013, and every 2 years thereafter, the Sec12 retary shall submit to Congress a report con13 taining— 

14 (i) an evaluation of the consumer sav15 ings, cost-effectiveness of, and the lifetime 

16 and annual energy savings achieved by, en17 ergy efficiency programs funded under this 

18 section; and 

19 (ii) recommendations for means of 

20 more effectively achieving consumer sav21 ings, cost-effectiveness, and lifetime and 

22 annual energy savings through efficiency 

23 programs for home heating oil, propane, 

24 and kerosene consumer for residential or 

25 commercial purposes. 


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1 (B) PUBLICATION.—The Secretary shall 

2 make the reports submitted under subpara3 graph (A) available to the public, including by 

4 publishing the reports on the Internet. 

5 (e) ENFORCEMENT.—If the Secretary determines 

6 that a State is not in compliance with this section, the 

7 Secretary may distribute funds that would have been dis8 tributed to the State under subsection (b)(2) among the 

9 remaining States, on a pro rata basis, for use in carrying 

10 out programs under this section. 

11 SEC. 602. RENEWABLE BIOMASS THERMAL ENERGY FOR 

12 COMMERCIAL BUILDINGS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COMMERCIAL BUILDING.— 

15 (A) IN GENERAL.—The term ‘‘commercial 

16 building’’ means a building that— 

17 (i) is located in the United States; 

18 and 

19 (ii) was in existence or initially de20 signed as of December 31, 2009. 

21 (B) EXCLUSIONS.—The term ‘‘commercial 

22 building’’ does not include— 

23 (i) a federally owned building; or 

24 (ii) a residential building. 


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1 (2) ELIGIBLE BUILDING.—The term ‘‘eligible 

2 building’’ means a commercial building or multi3 family residential building that uses (or, if under de4 velopment but not yet constructed, is designed to 

5 consume) heating oil or another petroleum product 

6 as the primary thermal energy source of the build7 ing. 

8 (3) MULTIFAMILY RESIDENTIAL BUILDING.— 

9 (A) IN GENERAL.—The term ‘‘multifamily 

10 residential building’’ means a structure of 5 or 

11 more dwelling units that— 

12 (i) is located in the United States; 

13 and 

14 (ii) was in existence or initially de15 signed as of December 31, 2009. 

16 (B) EXCLUSION.—The term ‘‘multifamily 

17 residential building’’ does not include a feder18 ally owned building. 

19 (4) PROGRAM.—The term ‘‘program’’ means 

20 the renewable biomass thermal energy loan program 

21 established under this section. 

22 (5) QUALIFIED BOILER.—The term ‘‘qualified 

23 boiler’’ means a wood or wood-pellet fired boiler or 

24 furnace that— 


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1 (A) has a capacity of not less than 

2 300,000 Btu per hour; and 

3 (B) meets or exceeds 60 percent total sys4 tem efficiency based on lower heating value. 

5 (6) QUALIFIED PROGRAM DELIVERY ENTITY.— 

6 The term ‘‘qualified program delivery entity’’ means 

7 a State, political subdivision of a State, tribal gov8 ernment, energy utility, natural gas utility, nonprofit 

9 or community-based organization, energy service 

10 company, retailer, or any other qualified entity 

11 that— 

12 (A) meets the eligibility requirements of 

13 this section; and 

14 (B) is approved by the State that admin15 isters the program in the State. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy. 

18 (b) ESTABLISHMENT.—The Secretary shall establish 

19 a renewable biomass thermal energy loan program under 

20 which the Secretary shall make grants to States to support 

21 financial assistance provided by qualified program delivery 

22 entities for replacing, in eligible buildings, thermal energy 

23 systems that use heating oil or another petroleum product 

24 in qualified boilers. 


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1 (c) ELIGIBILITY OF QUALIFIED PROGRAM DELIVERY

2 ENTITIES.—To be eligible to participate in the program, 

3 a qualified program delivery entity— 

4 (1) shall offer a financing product under which 

5 eligible participants may pay over time for the cost 

6 to the owner of an eligible building (after all applica7 ble Federal, State, local, and other rebates or incen8 tives are applied) of replacing or redesigning a ther9 mal energy system that uses heating oil or another 

10 petroleum product with a qualified boiler; 

11 (2) shall offer an incentive or other strategy for 

12 encouraging the owner of an eligible building to 

13 make energy efficiency improvements to the thermal 

14 energy delivery system of an eligible building at the 

15 same time as a qualified boiler is installed; 

16 (3) shall establish standard underwriting cri17 teria to determine the eligibility of program appli18 cants, which criteria shall be consistent with com19 mercially recognized best practices applicable to the 

20 form of financial assistance being provided (as deter21 mined by the designated entity administering the 

22 program in the State); and 

23 (4) may establish and offer financing mecha24 nisms to pool the needs of multiple eligible buildings 

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1 actions costs and enable projects in small or low-in2 come municipalities to participate in the program. 

3 (d) ALLOCATION.—In making funds available to 

4 States for each fiscal year under this section, the Sec5 retary shall use the formula used to allocate funds to 

6 States to carry out State energy conservation plans estab7 lished under part D of title III of the Energy Policy and 

8 Conservation Act (42 U.S.C. 6321 et seq.). 

9 (e) QUALIFIED PROGRAM DELIVERY ENTITIES.—Be10 fore making a grant to a State under this section, the Sec11 retary shall require the Governor of the State to provide 

12 to the Secretary a letter of assurance that the State— 

13 (1) has 1 or more qualified program delivery 

14 entities that meet the requirements of this section; 

15 (2) has established a loan program mechanism 

16 that incorporates an effective repayment mechanism, 

17 which may include— 

18 (A) on-utility-bill repayment; 

19 (B) tax assessment or other form of prop20 erty assessment financing; 

21 (C) municipal service charges; 

22 (D) energy or energy efficiency services 

23 contracts; or 


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1 (E) alternative contractual repayment 

2 mechanisms that have been demonstrated to 

3 have appropriate risk mitigation features; and 

4 (3) will provide, in a timely manner, all infor5 mation regarding the administration of the program 

6 as the Secretary may require to permit the Secretary 

7 to meet the reporting requirements of subsection (h). 

8 (f) USE OF GRANT FUNDS.—Grant funds made 

9 available to States under the program may be used to sup10 port financing products offered by qualified program deliv11 ery entities to eligible participants, by providing— 

12 (1) interest rate reductions; 

13 (2) loan loss reserves or other forms of credit 

14 enhancement; 

15 (3) revolving loan funds from which qualified 

16 program delivery entities may offer direct loans; 

17 (4) other debt instruments or financial products 

18 necessary— 

19 (A) to maximize leverage provided through 

20 available funds; and 

21 (B) to support widespread deployment of 

22 qualified boilers; and 

23 (5) technical assistance delivered for nonprofit 

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1 ing options or project development and design of2 fered to eligible entities, particularly eligible entities 

3 located in low-income communities, HUB zones, or 

4 other Federal designations aimed at increasing the 

5 participation and benefit from Federal programs of 

6 underserved or low-income communities. 

7 (g) USE OF REPAYMENT FUNDS.—In the case of a 

8 revolving loan fund established by a State described in 

9 subsection (f)(3), a qualified program delivery entity may 

10 use funds repaid by eligible participants under the pro11 gram to provide financial assistance for additional eligible 

12 participants to make improvements described in sub13 section (b) in a manner that is consistent with this section 

14 or other such criteria as are prescribed by the State. 

15 (h) PROGRAM EVALUATION.—Not later than 180 

16 days after the date of enactment of this Act, the Secretary 

17 shall submit to Congress a program evaluation that de18 scribes— 

19 (1) how many eligible participants have partici20 pated in the program; 

21 (2) how many jobs have been created through 

22 the program, directly and indirectly; 

23 (3) what steps could be taken to promote fur24 ther deployment of qualified boilers; 


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1 (4) the quantity of verifiable energy savings, re2 newable energy deployment, eligible building owner 

3 energy bill savings, and other benefits of the pro4 gram; and 

5 (5) the performance of the programs carried 

6 out by qualified program delivery entities under this 

7 section, including information on the rate of default 

8 and repayment. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 such sums as are necessary for each of fiscal years 2011 

12 through 2020. 

13 TITLE VII—ENERGY GRANTS IN 

14 LIEU OF TAX CREDIT 

15 SEC. 701. EXTENSION OF GRANTS FOR SPECIFIED ENERGY 

16 PROPERTY IN LIEU OF TAX CREDITS. 

17 (a) IN GENERAL.—Subsection (a) of section 1603 of 

18 division B of the American Recovery and Reinvestment 

19 Act of 2009 is amended— 

20 (1) in paragraph (1), by striking ‘‘2009 or 

21 2010’’ and inserting ‘‘2009, 2010, 2011, 2012, 

22 2013, 2014, or 2014’’, and 

23 (2) in paragraph (2)— 

24 (A) by striking ‘‘after 2010’’ and inserting 

25 ‘‘after 2015’’, and 


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1 (B) by striking ‘‘2009 or 2010’’ and in2 serting ‘‘2009, 2010, 2011, 2012, 2013, 2014, 

3 or 2015’’. 

4 (b) CONFORMING AMENDMENT.—Subsection (j) of 

5 section 1603 of division B of such Act is amended by strik6 ing ‘‘2011’’ and inserting ‘‘2016’’. 

7 SEC. 702. EXPANSION OF GRANTS FOR SPECIFIED ENERGY 

8 PROPERTY IN LIEU OF TAX CREDITS. 

9 (a) GRANTS ALLOWED FOR CERTAIN GOVERN10 MENTAL UNITS AND COOPERATIVE ELECTRIC COMPA11 NIES.— 

12 (1) IN GENERAL.—Subsection (g) of section 

13 1603 of division B of the American Recovery and 

14 Reinvestment Act of 2009 is amended— 

15 (A) in paragraph (1), by inserting ‘‘other 

16 than a governmental unit which is a State util17 ity with a service obligation (as such terms are 

18 defined in section 217 of the Federal Power 

19 Act, as in effect on the date of the enactment 

20 of this paragraph),’’ after ‘‘thereof),’’, 

21 (B) in paragraph (2), by inserting ‘‘other 

22 than a mutual or cooperative electric company 

23 described in section 50(c)(12) of such Code’’ 

24 after ‘‘such Code’’, and 


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1 (C) by striking paragraph (3) and redesig2 nating paragraph (4) as paragraph (3). 

3 (2) CONFORMING AMENDMENT.—Paragraph (3) 

4 of section 1603(g) of division B of such Act, as re5 designated by paragraph (1)(C), is amended by 

6 striking ‘‘paragraph (1), (2), or (3)’’ and inserting 

7 ‘‘paragraph (1) or (2)’’. 

8 (b) NO GRANTS FOR PORTION OF PROPERTY FI9 NANCED WITH CREBS OR TAX-EXEMPT BONDS.—Sec10 tion 1603 of division B of such Act, as amended by section 

11 2, is amended by redesignating subsections (h), (i), and 

12 (j) as subsections (i), (j), and (k), respectively, and by in13 serting after subsection (g) the following new subsection: 

14 ‘‘(h) SPECIAL RULE FOR BOND FINANCED PROP15 ERTY.—The amount of any grant under this section with 

16 respect to any specified energy property shall not exceed 

17 an amount equal to— 

18 ‘‘(1) the basis of such property, over 

19 ‘‘(2) the portion of the basis of such property 

20 which is allocable to proceeds of any bond which is 

21 designated as a new clean renewable energy bond 

22 under section 54C of such Code or any bond the in23 terest on which is exempt from tax under section 

24 103 of such Code.’’. 


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1 (c) TREATMENT OF GRANTS FOR COOPERATIVE

2 ELECTRIC COMPANIES.—Paragraph (12) of section 

3 501(c) of the Internal Revenue Code of 1986 is amended 

4 by adding at the end the following new subparagraph: 

5 ‘‘(I) In the case of a mutual or cooperative 

6 electric company described in this paragraph or 

7 an organization described in section 

8 1381(a)(2)(C), subparagraph (A) shall be ap9 plied without taking into account any grant re10 ceived under section 1603 of division B of the 

11 American Recovery and Reinvestment Act of 

12 2009.’’. 

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

14 this section shall apply to property placed in service after 

15 the date of the enactment of this Act. 

Æ 


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