I 

111TH CONGRESS 

2D SESSION H. R. 5442 

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

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 27, 2010 

Mr. MARKEY of Massachusetts (for himself, Mrs. BIGGERT, Mr. MCNERNEY, 

and Ms. ESHOO) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Oversight and Government Reform, Science and Technology, Ways 

and Means, and Transportation and Infrastructure, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish programs to accelerate, provide incentives for, 

and examine the challenges and opportunities associated 

with the deployment of electric drive vehicles, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Deployment Act of 2010’’. 

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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

8 Secretary under the program established under sec9 tion 3(a). Such term may include one or more mu10 nicipalities, transportation corridors that connect 

11 municipalities, or other geographic areas that the 

12 Secretary determines appropriate. 

13 (3) ELECTRIC DRIVE VEHICLE.—The term 

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

15 (A)(i) is— 

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

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) that draws mo21 tive power from a battery with a ca22 pacity of at least 4 kilowatt-hours; 

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

24 term is defined in section 86.1803–01 

25 of title 40, Code of Federal Regula26 tions, as in effect as of the date of enmstockstill on DSKH9S0YB1PROD with BILLS

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1 actment of this Act) with a gross vehi2 cle weight rating greater than 8,500 

3 pounds and less than 14,000 pounds 

4 that draws motive power from a bat5 tery with a capacity of at least 10 kil6 owatt-hours; 

7 (III) a heavy-duty vehicle (as 

8 that term is defined in section 

9 86.1803–01 of title 40, Code of Fed10 eral Regulations, as in effect as of the 

11 date of enactment of this Act) with a 

12 gross vehicle weight rating greater 

13 than 14,000 pounds but less than 

14 33,000 pounds that draws motive 

15 power from a battery with a capacity 

16 of at least 15 kilowatt-hours; or 

17 (IV) a heavy duty vehicle (as that 

18 term is defined in section 86.1803–01 

19 of title 40, Code of Federal Regula20 tions, as in effect as of the date of en21 actment of this Act) with a gross vehi22 cle weight rating greater than 33,000 

23 pounds that draws motive power from 

24 a battery with a capacity of at least 

25 20 kilowatt-hours; and 

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1 (ii) can be recharged from an external 

2 source of electricity for motive power; or 

3 (B) is a motor vehicle (as that term is de4 fined in section 216 of the Clean Air Act (42 

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

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

7 Spark M. Matsunaga Hydrogen Act of 2005 

8 (42 U.S.C. 16152)). 

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

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

11 3(4) of the Public Utility Regulatory Policies Act of 

12 1978 (16 U.S.C. 2602(3)). 

13 (5) GROSS VEHICLE WEIGHT RATING.—The 

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

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

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

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

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

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

20 (7) QUALIFIED ELECTRIC DRIVE VEHICLE COM21 PONENTS.—The term ‘‘qualified electric drive vehicle 

22 components’’ means components the Secretary deter23 mines are uniquely needed to produce electric drive 

24 vehicles. 

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1 (8) QUALIFIED ELECTRIC DRIVE VEHICLE IN2 FRASTRUCTURE.—The term ‘‘qualified electric drive 

3 vehicle infrastructure’’ means equipment and serv4 ices that— 

5 (A) support the electric refueling needs of 

6 electric drive vehicles and may be located in 

7 public or private locations, including street 

8 parking, parking garages, parking lots, homes, 

9 gas stations, and highway rest stops; and 

10 (B) serve smart grid functions, as defined 

11 in section 1306(d) the Energy Independence 

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

13 that will optimize the integration of electric 

14 drive vehicles into the electric grid. 

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

16 the Secretary of Energy. 

17 SEC. 3. TARGETED ELECTRIC DRIVE VEHICLES DEPLOY18 MENT COMMUNITIES PROGRAM. 

19 (a) IN GENERAL.— 

20 (1) ESTABLISHMENT.—The Secretary shall es21 tablish a competitive program to provide financial 

22 assistance to be used as described under subsection 

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

24 for purposes of deploying electric drive vehicles in 

25 deployment communities. 

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

2 than 12 months after the date of enactment of this 

3 Act, based upon applications for financial assistance 

4 received pursuant to subsection (c), select 5 deploy5 ment communities for the first phase of the program 

6 established under paragraph (1). 

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

8 under subsection (a)(1) shall be— 

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

10 of electric drive vehicles in deployment communities, 

11 deploying at least 700,000 electric drive vehicles 

12 total in deployment communities not later than 6 

13 years after the date of enactment of this Act; 

14 (2) to demonstrate the viability of a vehicle15 based transportation system that reduces depend16 ence on petroleum-based fuel and contributes to re17 ducing emissions of carbon dioxide; 

18 (3) to facilitate the integration of advanced ve19 hicle technologies into deployment communities while 

20 optimizing electric grid system performance and reli21 ability; 

22 (4) to demonstrate the potential— 

23 (A) benefits of coordinated investments in 

24 vehicle electrification and infrastructure on per25 sonal mobility; and 

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1 (B) reduction of emissions of greenhouse 

2 gases and criteria air pollutants from vehicle 

3 electrification and infrastructure; 

4 (5) to demonstrate protocols and standards that 

5 facilitate vehicle integration into the electric grid, in6 cluding demonstration of the use of qualified electric 

7 drive vehicle infrastructure; 

8 (6) to increase understanding of the primary re9 gional differences and varying regulatory environ10 ments that impact electric drive vehicle market pene11 tration and establish best practices for addressing 

12 deployment barriers to electric drive vehicles; and 

13 (7) to increase understanding of consumers’ ve14 hicle charging and other electric drive vehicle infra15 structure needs and establish best practices to meet 

16 such needs. 

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

18 government (or group of State, Indian tribe, or local gov19 ernments) may apply to the Secretary for financial assist20 ance to be used as described in subsection (d) in deploy21 ment communities. Such applications may be jointly spon22 sored by electric utilities, automobile manufacturers, tech23 nology providers, car sharing companies or organizations, 

24 third party electric drive vehicle service providers, or other 

25 persons or entities. 

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1 (d) USE OF FUNDS.—Pursuant to applications re2 ceived under subsection (c), the Secretary may make fi3 nancial assistance under the program established under 

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

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

6 (1) Assisting persons located in the deployment 

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

8 (2) Supporting the use of electric drive vehicles 

9 by funding projects for any of the following: 

10 (A) Planning and deployment of qualified 

11 electric drive vehicle infrastructure. 

12 (B) Updating building codes, inspections 

13 related to the installation of electric drive vehi14 cle charging infrastructure, and updating zon15 ing for such infrastructure. 

16 (C) Converting government fleets to elec17 tric drive vehicles. 

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

19 consultation with the Administrator and the Secretary of 

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

21 date of enactment of this Act, determine the requirements 

22 for the program established under subsection (a), includ23 ing the following: 

24 (1) Criteria for evaluating applications sub25 mitted under subsection (c), consistent with submstockstill on DSKH9S0YB1PROD with BILLS

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1 section (f), including the anticipated ability of appli2 cants to promote deployment and market penetra3 tion of electric drive vehicles. 

4 (2) Data regarding deployment communities, 

5 and the electric drive vehicles and qualified electric 

6 drive vehicle infrastructure in such deployment com7 munities, required for collection, analysis, and eval8 uation of the challenges and opportunities associated 

9 with the widespread deployment of electric drive ve10 hicles. 

11 (3) Metrics of success for deployment commu12 nities. 

13 (4) Reporting requirements for entities that re14 ceive financial assistance under this section, includ15 ing a comprehensive set of performance data charac16 terizing the results of the program in the deploy17 ment community. 

18 (f) CRITERIA FOR EVALUATING APPLICATIONS.—The 

19 Secretary shall require that applications under subsection 

20 (c) include the following: 

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

22 deployment of electric drive vehicles in a deployment 

23 community, through the deployment of consumer ve24 hicles, and, as appropriate, private or public fleets. 

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1 (2) The role of each stakeholder participating 

2 in the deployment of electric drive vehicles in the de3 ployment community, and an indication of how the 

4 financial assistance applied for will be used in the 

5 deployment community. 

6 (3) The number of electric drive vehicles pro7 jected to be deployed in the deployment community 

8 during the first phase of the program established 

9 under subsection (a). 

10 (4) A strategy for developing program partici11 pation among residents of the deployment commu12 nity and a plan that demonstrates high likelihood 

13 that the deployment community will procure and de14 ploy the projected number of electric drive vehicles. 

15 (5) A deployment and financing plan for pub16 licly available electric drive vehicle charging infra17 structure that includes a policy on cost sharing, 

18 methodology for determining the number and place19 ment of such infrastructure, and ensures use of 

20 open, non-proprietary standards that maximize 

21 interoperability with Smart Grid technologies. 

22 (6) Verification that building codes within the 

23 proposed deployment community appropriately ac24 commodate electric drive vehicle charging infrastruc25 ture for new construction and major upgrades or 

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1 evidence of a clear plan to update such codes before 

2 or during the period of financial assistance. 

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

4 other local ordinances have been updated or will be 

5 updated as necessary to facilitate the installation of 

6 publicly available electric drive vehicle charging in7 frastructure, where appropriate. 

8 (8) Mechanisms to increase individual consumer 

9 benefits consistent with subsection (h). 

10 (9) The extent to which electric utilities in the 

11 deployment community have or plan to update poli12 cies— 

13 (A) that— 

14 (i) reflect rate structures that benefit 

15 consumers who charge electric drive vehi16 cles off-peak; or 

17 (ii) with respect to any deployment 

18 community with a competitive retail regu19 latory regime, will make electric drive vehi20 cle charging services available to con21 sumers; 

22 (B) that take into account potential im23 pacts to the local electric distribution system or 

24 the electric grid from the incremental electric 

25 energy used to charge electric drive vehicles; 

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1 (C) that utilize information technologies to 

2 minimize effects of charging electric drive vehi3 cles on the local electric distribution system or 

4 electric grid; 

5 (D) that relate to Smart Grid technologies 

6 for electric drive vehicle charging purposes, in7 cluding those that allow 2-way communication 

8 of electric energy movement (to prepare for ve9 hicle-to-grid applications); and 

10 (E) encourage electric energy conservation 

11 and reduction in peak demand by making con12 sumer electric energy or charging service price 

13 and usage information available to consumers. 

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

15 to applications for financial assistance under subsection 

16 (c) that— 

17 (1) are jointly sponsored by entities that share 

18 interest in the deployment of electric drive vehicles; 

19 (2) project the greatest reduction in dependency 

20 on petroleum as fuel and carbon dioxide emissions, 

21 in proportion to the amount of petroleum used as 

22 fuel and carbon dioxide emitted by the proposed de23 ployment community; 

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1 (3) for at least one deployment community, in2 clude a demonstration of the deployment of heavy3 duty electric drive vehicles; 

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

5 Indian tribe, local governmental, or private incen6 tives for the deployment of electric drive vehicles; 

7 (5) best demonstrate the ability of the deploy8 ment community to deploy the targeted number of 

9 electric drive vehicles; 

10 (6) are most likely to yield information that in11 forms and assists with the large-scale deployment of 

12 electric drive vehicles in different regions and regu13 latory regimes of the United States; and 

14 (7) are submitted for deployment communities 

15 that are located in proximity to other areas to which 

16 electric drive vehicle deployment could be expanded. 

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

18 authorized under subsection (k), the Secretary shall en19 sure that each recipient of financial assistance for a de20 ployment community provides a minimum of $2,000 in 

21 benefits to each of the first 100,000 consumers who reside 

22 in the deployment community who purchase electric drive 

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

24 of any other benefit in effect in the deployment community 

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

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

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

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

8 (4) rebates of the incremental electric energy 

9 costs associated with charging electric drive vehicles; 

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

11 road access charges; 

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

13 vehicles; and 

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

16 purchase of electric drive vehicles. 

17 (i) INFORMATION CLEARINGHOUSE.—The Secretary 

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

20 make available to the public information regarding the 

21 cost, performance, and other technical data regarding the 

22 deployment and integration of electric drive vehicles. 

23 (j) REPORTS.— 

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

25 later than 4 years after the date of enactment of 

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1 this Act, the Secretary shall submit to Congress a 

2 report— 

3 (A) describing the status of the deployment 

4 communities for which financial assistance is 

5 provided under the program established under 

6 subsection (a)(1); 

7 (B) describing, analyzing, and evaluating 

8 the data collected under the first phase of the 

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

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

12 (D) describing a plan for the second phase 

13 of the program established under subsection 

14 (a)(1), including— 

15 (i) how many additional deployment 

16 communities should be selected for further 

17 deployment activities and incentives; 

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

20 (iii) how incentive structures for the 

21 deployment of electric drive vehicles should 

22 be changed; and 

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

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

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

4 the first phase of the program established under 

5 subsection (a)(1). 

6 (k) AUTHORIZATION.—There are authorized to be ap7 propriated to carry out this section $800,000,000 for each 

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

11 SEC. 4. MODIFICATION OF CREDIT FOR ALTERNATIVE 

12 FUEL VEHICLE REFUELING PROPERTY FOR 

13 VEHICLES POWERED BY ELECTRICITY. 

14 (a) SPECIAL RULES FOR PROPERTY PLACED IN

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

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

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(7) PROPERTY FOR RECHARGING VEHICLES

20 POWERED BY ELECTRICITY.—In the case of property 

21 placed in service after December 31, 2010, and be22 fore January 1, 2017, which relates to electricity— 

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

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

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

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

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

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

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

6 30C of such Code, as amended by subsection (a), is 

7 amended by adding at the end the following: 

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

9 qualified alternative fuel vehicle refueling property 

10 which relates to electricity shall include the cost of 

11 the original installation of such property.’’. 

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

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

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

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

16 (1) the following new paragraph: 

17 ‘‘(2) in the case of property relating to elec18 tricity, after December 31, 2016, and’’. 

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

20 this section shall apply to property placed in service after 

21 December 31, 2010. 

22 SEC. 5. ELECTRIC VEHICLE REFUELING PROPERTY TAX 

23 CREDIT BONDS. 

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

25 of the Internal Revenue Code of 1986 is amended by strikmstockstill on DSKH9S0YB1PROD with BILLS

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1 ing ‘‘or’’ at the end of subparagraph (D), by inserting 

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

3 after subparagraph (E) the following new subparagraph: 

4 ‘‘(F) a qualified electric vehicle refueling 

5 property bond,’’. 

6 (b) QUALIFIED PURPOSE.—Subparagraph (C) of sec7 tion 54A(d)(2) of the Internal Revenue Code of 1986 is 

8 amended— 

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

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

11 (v) and inserting ‘‘, and’’, and 

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

13 clause: 

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

15 vehicle refueling property bond, a purpose 

16 specified in section 54G(a)(1).’’. 

17 (c) BONDS ALLOWED.—Subpart I of part IV of sub18 chapter A of chapter 1 of the Internal Revenue Code of 

19 1986 is amended by adding at the end the following new 

20 section: 

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

22 PROPERTY BONDS. 

23 ‘‘(a) QUALIFIED ELECTRIC VEHICLE REFUELING

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

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1 term ‘qualified electric vehicle refueling property bond’ 

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

3 ‘‘(1) 100 percent of the available project pro4 ceeds of such issue are to be used for capital expend5 itures incurred by a qualified issuer for 1 or more 

6 qualified electric vehicle refueling properties, 

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

8 and 

9 ‘‘(3) the issuer designates such bond for pur10 poses of this section. 

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

12 paragraph (2) of section 54A(b), the annual credit deter13 mined with respect to any qualified electric vehicle refuel14 ing property bond is 70 percent of the amount which 

15 would (but for this subsection) otherwise be determined 

16 under such paragraph with respect to such bond. 

17 ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES18 IGNATED.—The maximum aggregate face amount of 

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

20 any issuer shall not exceed the limitation amount allocated 

21 to such issuer under subsection (e). 

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

23 DESIGNATED.—There is a national qualified electric vehi24 cle refueling property bond limitation of $100,000,000. 

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1 ‘‘(e) ALLOCATIONS.—The Secretary shall make allo2 cations of the amount of the national qualified electric ve3 hicle refueling property bond limitation described in sub4 section (d) among purposes described in subsection (a)(1) 

5 in such manner as the Secretary determines appropriate. 

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

7 ‘‘(1) QUALIFIED ELECTRIC VEHICLE REFUEL8 ING PROPERTY.—The term ‘qualified electric vehicle 

9 refueling property’ means any qualified alternative 

10 fuel vehicle refueling property (within the meaning 

11 of section 30C) which relates to electricity. 

12 ‘‘(2) QUALIFIED ISSUER.— 

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

14 issuer’ means a public power provider, a cooper15 ative electric company, or a governmental body. 

16 ‘‘(B) GOVERNMENTAL BODY.—The term 

17 ‘governmental body’ means any State or Indian 

18 tribal government, or any political subdivision 

19 thereof. 

20 ‘‘(C) PUBLIC POWER PROVIDER.—The 

21 term ‘public power provider’ means a State util22 ity that has a service obligation to end-users or 

23 to a distribution utility (within the meaning of 

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1 fect on the date of the enactment of this sec2 tion). 

3 ‘‘(D) COOPERATIVE ELECTRIC COMPANY.— 

4 The term ‘cooperative electric company’ means 

5 a mutual or cooperative electric company de6 scribed in section 501(c)(12) or an organization 

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

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

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

10 the Internal Revenue Code of 1986 is amended by adding 

11 at the end the following new item: 

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

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

13 this section shall apply to obligations issued after the date 

14 of the enactment of this Act. 

15 SEC. 6. ELECTRIC DRIVE VEHICLE INFRASTRUCTURE 

16 PLANNING. 

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

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

19 2621(d)) is amended by adding at the end the following: 

20 ‘‘(20) ELECTRIC DRIVE VEHICLE INFRASTRUC21 TURE.— 

22 ‘‘(A) UTILITY PLAN FOR INFRASTRUC23 TURE.—Each electric utility shall develop a 

24 plan to support the use of electric drive vehi25 cles, including heavy-duty electric drive vehicles. 

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1 Each such plan shall provide for the deploy2 ment of the charging infrastructure or other in3 frastructure necessary to adequately support 

4 the use of electric drive vehicles, and shall pro5 vide for, as appropriate, the support needed to 

6 enable the competitive installation, operation, or 

7 provision of electric drive vehicle charging serv8 ices. The plan may provide for deployment of 

9 electric drive vehicle charging stations in public 

10 or private locations, including street parking, 

11 parking garages, parking lots, homes, gas sta12 tions, and highway rest stops. Any such plan 

13 may also include— 

14 ‘‘(i) rapid charging infrastructure, in15 cluding fast charging and battery ex16 change, and other services; 

17 ‘‘(ii) triggers for charging infrastruc18 ture deployment based upon market pene19 tration of electric drive vehicles; 

20 ‘‘(iii) distribution system upgrades to 

21 accommodate requirements of electric drive 

22 vehicle charging; and 

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

24 regulatory authority (in the case of each 

25 electric utility for which is has ratemaking 

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1 authority) or utility (in the case of a non2 regulated utility) determines necessary to 

3 support electric drive vehicles. 

4 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

5 State regulatory authority (in the case of each 

6 electric utility for which it has ratemaking au7 thority) and each utility (in the case of a non8 regulated utility) shall— 

9 ‘‘(i) require that electric drive vehicle 

10 charging infrastructure deployed complies 

11 with any applicable Federal standard and 

12 is interoperable with the applicable prod13 ucts of all auto manufacturers, to the ex14 tent possible; 

15 ‘‘(ii) consider adopting minimum re16 quirements for deployment of electric drive 

17 vehicle charging infrastructure and other 

18 appropriate requirements necessary to sup19 port the use of electric drive vehicles; 

20 ‘‘(iii) consider adopting requirements 

21 to ensure the ability of each electric drive 

22 vehicle to be identified and billed for elec23 tric charging costs individually; and 

24 ‘‘(iv) assess the system benefits of 

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1 hicles associated with predominantly off2 peak electric drive vehicle charging. 

3 ‘‘(C) COST RECOVERY.—Each State regu4 latory authority (in the case of each electric 

5 utility for which it has ratemaking authority) 

6 and each utility (in the case of a nonregulated 

7 utility) shall consider whether, and to what ex8 tent, to allow cost recovery for plans under sub9 paragraph (A) and implementation of such 

10 plans. 

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

12 State regulatory authority (in the case of each 

13 electric utility for which it has ratemaking au14 thority) and each utility (in the case of a non15 regulated utility) shall, in accordance with ac16 tions taken by the Commission pursuant to sec17 tion 1305(d) of the Energy Independence and 

18 Security Act of 2007— 

19 ‘‘(i) establish any appropriate proto20 cols and standards for integrating electric 

21 drive vehicles into an electric distribution 

22 system, including smart grid systems and 

23 devices as described in title XIII of the 

24 Energy Independence and Security Act of 

25 2007; 

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1 ‘‘(ii) provide for, to the extent fea2 sible, the ability for each electric drive ve3 hicle to be identified individually and to be 

4 associated with its owner’s electric utility 

5 account, regardless of the location that the 

6 vehicle is plugged in, for purposes of ap7 propriate billing for any electric energy re8 quired to charge the vehicle’s batteries as 

9 well as any crediting for electric energy 

10 provided to the electric utility from the ve11 hicle’s batteries; and 

12 ‘‘(iii) review the determination made 

13 in response to paragraph (14) of this sub14 section in light of this paragraph, including 

15 whether time-of-use pricing should be em16 ployed to enable the use of electric drive 

17 vehicles to contribute to meeting peak-load 

18 and ancillary service power needs. 

19 ‘‘(E) DEFINITION OF ‘ELECTRIC DRIVE VE20 HICLE’.—For purposes of this paragraph, the 

21 term ‘electric drive vehicle’ has the meaning 

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

23 Drive Vehicle Deployment Act of 2010.’’. 

24 (b) COMPLIANCE.— 

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

2 Public Utility Regulatory Policies Act of 1978 (16 

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

4 at the end thereof: 

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

6 of enactment of this paragraph, each State regu7 latory authority (with respect to each electric utility 

8 for which it has ratemaking authority) and each 

9 nonregulated utility shall commence the consider10 ation referred to in section 111, or set a hearing 

11 date for consideration, with respect to the standards 

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

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

14 enactment of the this paragraph, each State regu15 latory authority (with respect to each electric utility 

16 for which it has ratemaking authority), and each 

17 nonregulated electric utility, shall complete the con18 sideration, and shall make the determination, re19 ferred to in section 111 with respect to the stand20 ards established by paragraph (20) of section 

21 111(d).’’. 

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

23 the Public Utility Regulatory Policies Act of 1978 

24 (16 U.S.C. 2622(c)) is amended by adding the fol25 lowing at the end: ‘‘In the case of the standards esmstockstill on DSKH9S0YB1PROD with BILLS

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1 tablished by paragraph (20) of section 111(d), the 

2 reference contained in this subsection to the date of 

3 enactment of this Act shall be deemed to be a ref4 erence to the date of enactment of such paragraph.’’. 

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

6 the Public Utility Regulatory Policies Act of 1978 

7 (16 U.S.C. 2622(d)) is amended by striking ‘‘(19)’’ 

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

9 SEC. 7. TECHNOLOGY DEVELOPMENT. 

10 (a) SECONDARY USE APPLICATIONS AND RECYCLING

11 STUDY.— 

12 (1) IN GENERAL.—The Secretary shall conduct 

13 a study on secondary use applications of electric 

14 drive vehicle batteries. Such study shall include— 

15 (A) a survey of the uses, challenges, costs, 

16 and benefits associated with secondary uses of 

17 batteries no longer suitable for use in electric 

18 drive vehicles (such as utility regulation services 

19 and home storage); and 

20 (B) a survey of technologies, challenges, 

21 costs, and benefits associated with the recycling 

22 of electric drive vehicle batteries. 

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

24 date of enactment of this Act, the Secretary shall 

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1 submit to Congress a report describing the results of 

2 the study conducted pursuant to paragraph (1). 

3 (b) RESEARCH AND DEVELOPMENT PROGRAM.— 

4 (1) ESTABLISHMENT.—The Secretary shall es5 tablish a competitively awarded, peer reviewed grant 

6 program of research, development, demonstration, 

7 and commercial application of advanced batteries 

8 with vehicle applications, qualified electric drive vehi9 cle components, and qualified electric drive infra10 structure. 

11 (2) COORDINATION.—The Secretary shall en12 sure that the program established under paragraph 

13 (1) is coordinated with other applicable advanced 

14 battery, qualified electric drive component, and 

15 qualified electric drive infrastructure research and 

16 development activities conducted by the Department 

17 of Energy, with efforts to minimize duplication of 

18 such activities. 

19 (3) ELIGIBLE ENTITIES.—The Secretary may 

20 award grants to carry out the program established 

21 under paragraph (1) to institutions of higher edu22 cation, national laboratories, and other entities the 

23 Secretary determines appropriate. 

24 (4) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to carry out 

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1 this subsection $167,000,000 for each of fiscal years 

2 2011 through 2016. 

3 SEC. 8. STUDY ON SUPPLY OF RAW MATERIALS. 

4 (a) STUDY.—The Secretary of the Interior, in con5 sultation with the Secretary, shall conduct a study to— 

6 (1) identify the raw materials needed for the 

7 manufacture of electric drive vehicles, qualified elec8 tric drive vehicle components, and qualified electric 

9 drive vehicle infrastructure; 

10 (2) describe the primary or original sources of 

11 raw materials described in paragraph (1) in the 

12 United States, as of the date of enactment of this 

13 Act, and known reserves and resources of such ma14 terials; and 

15 (3) assess the ability of the United States to se16 cure reliable and resilient supplies of raw materials 

17 described in paragraph (1) to manufacture, deploy, 

18 and maintain a fleet of electric drive vehicles. 

19 (b) REPORT.—Not later than 2 years after the date 

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

21 shall submit to Congress a report describing the results 

22 of the study conducted pursuant to subsection (a). 

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1 SEC. 9. FEDERAL FLEETS. 

2 (a) IN GENERAL.—For purposes of this section, elec3 tric energy consumed by agencies of the Federal Govern4 ment to fuel electric drive vehicles— 

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

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

7 13211)); and 

8 (2) shall be accounted for under Federal fleet 

9 management reporting requirements, not under Fed10 eral building management reporting requirements. 

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

12 days after the date of enactment of this Act and at the 

13 completion of phase I of the program established under 

14 section 3(a)(1), the Federal Energy Management Program 

15 and the General Services Administration shall complete an 

16 assessment of motor vehicle fleets operated by agencies of 

17 the Federal Government and submit a report to Congress 

18 that describes— 

19 (1) for each agency of the Federal Government, 

20 the types of vehicles the agency uses that may or 

21 may not be suitable for near-term and medium-term 

22 conversion to electric drive vehicles, taking into ac23 count the types of vehicles for which electric drive 

24 vehicles could provide comparable functionality and 

25 lifecycle costs; 

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1 (2) how many electric drive vehicles could be 

2 deployed by each agency of the Federal Government 

3 in 5 years and in 10 years, assuming that electric 

4 drive vehicles are available and are purchased when 

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

7 (3) the estimated cost to the Federal Govern8 ment for vehicle purchases pursuant to paragraph 

9 (2) for each fiscal year. 

10 (c) BUDGET REQUEST.—For each fiscal year that be11 gins after one year after the date of enactment of this 

12 Act, each agency of the Federal Government shall include 

13 electric drive vehicle purchases identified in the report 

14 under subsection (b) in the budget of the agency to be 

15 included in the budget of the United States Government 

16 submitted by the President under section 1105 of title 31, 

17 United States Code. 

18 (d) PILOT PROGRAM TO DEPLOY ELECTRIC DRIVE

19 VEHICLES IN THE FEDERAL FLEET.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the Administrator 

22 of General Services shall acquire 1,000 electric drive 

23 vehicles to be deployed in a range of locations in 

24 motor vehicle fleets operated by Federal agencies. 

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1 (2) DATA COLLECTION.—The Administrator of 

2 General Services shall collect data regarding— 

3 (A) the cost, performance, and use of elec4 tric drive vehicles in motor vehicle fleets oper5 ated by Federal agencies; 

6 (B) the deployment and integration of elec7 tric drive vehicles in motor vehicle fleets oper8 ated by Federal agencies; and 

9 (C) the contribution of electric drive vehi10 cles in motor vehicle fleets operated by Federal 

11 agencies toward reducing the use of fossil fuels 

12 and greenhouse gas emissions. 

13 (3) REPORT.—Not later than 5 years after the 

14 date of enactment of this Act, the Administrator of 

15 General Services shall submit to Congress a report 

16 that— 

17 (A) describes the status of electric drive 

18 vehicles in motor vehicle fleets operated by Fed19 eral agencies; and 

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

22 SEC. 10. ELECTRIC DRIVE COMPONENT AND INFRASTRUC23 TURE MANUFACTURING LOAN PROGRAM. 

24 (a) DIRECT LOAN PROGRAM.— 

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

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

3 availability of appropriated funds, the Secretary 

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

5 more than $5,000,000,000 in loans to eligible indi6 viduals and entities (as determined by the Secretary 

7 and including qualified electric drive vehicle compo8 nent suppliers and qualified electric drive vehicle in9 frastructure suppliers) for the costs of activities de10 scribed in subsection (b). The loans shall be made 

11 through the Federal Financing Bank, with the full 

12 faith and credit of the United States Government on 

13 the principal and interest. The full credit subsidy 

14 shall be paid by the Secretary using appropriated 

15 funds. 

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

17 under this subsection shall submit to the Secretary 

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

19 containing such information as the Secretary may 

20 require, including a written assurance that— 

21 (A) all laborers and mechanics employed 

22 by contractors or subcontractors during con23 struction, alteration, or repair that is financed, 

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

25 shall be paid wages at rates not less than those 

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1 prevailing on similar construction in the local2 ity, as determined by the Secretary of Labor in 

3 accordance with sections 3141 through 3144, 

4 3146, and 3147 of title 40, United States Code; 

5 and 

6 (B) the Secretary of Labor shall, with re7 spect to the labor standards described in this 

8 paragraph, have the authority and functions set 

9 forth in Reorganization Plan Numbered 14 of 

10 1950 (5 U.S.C. App.) and section 3145 of title 

11 40, United States Code. 

12 (3) SELECTION OF ELIGIBLE PROJECTS.—The 

13 Secretary shall select eligible projects to receive 

14 loans under this subsection in cases in which, as de15 termined by the Secretary, the loan recipient— 

16 (A) is financially viable without the receipt 

17 of additional Federal funding associated with 

18 the proposed project; 

19 (B) will provide sufficient information to 

20 the Secretary for the Secretary to ensure that 

21 the funds are expended efficiently and effec22 tively; and 

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

24 established and published by the Secretary. 

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1 (4) RATES, TERMS, AND REPAYMENT OF

2 LOANS.—A loan provided under this subsection— 

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

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

5 the cost of funds to the Department of the 

6 Treasury for obligations of comparable matu7 rity; 

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

9 of— 

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

11 eligible project to be carried out using 

12 funds from the loan, as determined by the 

13 Secretary; or 

14 (ii) 25 years; 

15 (C) may be subject to a deferral in repay16 ment for not more than 5 years after the date 

17 on which the eligible project carried out using 

18 funds from the loan first begins operations, as 

19 determined by the Secretary; and 

20 (D) shall be made by the Federal Financ21 ing Bank. 

22 (b) USE OF FUNDS.—A loan provided under sub23 section (a) may be used by the loan recipient to pay the 

24 costs of— 

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1 (1) reequipping, expanding, or establishing a 

2 manufacturing facility in the United States to 

3 produce— 

4 (A) qualified electric drive vehicle infra5 structure; or 

6 (B) qualified electric drive vehicle compo7 nents; and 

8 (2) engineering integration performed in the 

9 United States of qualified electric drive vehicle com10 ponents. 

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

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

13 (d) PRIORITY.— 

14 (1) CRITERIA.—In selecting loan recipients 

15 from among eligible applicants, the Secretary shall 

16 give preference to proposals that— 

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

18 (B) are located in local markets that have 

19 the greatest need for the manufacturing facility. 

20 (2) EXISTING FACILITIES.—The Secretary 

21 shall, in making loans to manufacturers that have 

22 existing facilities, give priority to those facilities that 

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

24 years. Such facilities may currently be sitting idle. 

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1 (e) SET ASIDE FOR SMALL MANUFACTURERS AND

2 COMPONENT SUPPLIERS.— 

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

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

5 that— 

6 (A) employs less than 500 individuals; and 

7 (B) manufactures qualified electric drive 

8 vehicle infrastructure or qualified electric drive 

9 vehicle components. 

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

11 are used to make loans for each fiscal year under 

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

13 25 percent to make loans to covered firms or con14 sortia led by a covered firm. 

15 (f) APPOINTMENT AND PAY OF PERSONNEL.— 

16 (1) The Secretary may use direct hiring author17 ity pursuant to section 3304(a)(3) of title 5, United 

18 States Code, to appoint such professional and ad19 ministrative personnel as the Secretary determines 

20 necessary to the discharge of the Secretary’s func21 tions under this section. 

22 (2) The rate of pay for a person appointed pur23 suant to paragraph (1) shall not exceed the max24 imum rate payable for GS–15 of the General Sched25 ule under chapter 53 of such title. 

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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section for each of fiscal years 

4 2011 through 2016. 

5 SEC. 11. LOAN GUARANTEES FOR ADVANCED BATTERY 

6 PURCHASES FOR USE IN STATIONARY APPLI7 CATIONS. 

8 Subtitle B of title I of the Energy Independence and 

9 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amend10 ed by adding at the end the following: 

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

12 PURCHASES. 

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

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

15 term ‘qualified automotive battery’ means a battery 

16 that— 

17 ‘‘(A) has at least 5 kilowatt-hours of trac18 tion battery capacity; and 

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

20 vehicles but is purchased for nonautomotive and 

21 dual-purpose applications. 

22 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means— 

24 ‘‘(A) an original equipment manufacturer; 

25 ‘‘(B) an electric utility; 

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

2 vehicle infrastructure (as such term is defined 

3 in section 2(8) of the Electric Drive Vehicle De4 ployment Act of 2010); or 

5 ‘‘(D) any other qualified entity, as deter6 mined by the Secretary. 

7 ‘‘(b) LOAN GUARANTEES.—The Secretary shall es8 tablish a program to provide guarantees of loans made to 

9 eligible entities by private institutions for the purchase, 

10 by such an eligible entity, of at least 500 qualified auto11 motive batteries in a calendar year that use advanced bat12 tery technology. 

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

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

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

16 available to the applicant under reasonable terms or 

17 conditions sufficient to finance the purchase of 

18 qualified automotive batteries described in sub19 section (b); 

20 ‘‘(2) the prospective earning power of the appli21 cant and the character and value of the security 

22 pledged provide a reasonable assurance of repayment 

23 of the loan to be guaranteed in accordance with the 

24 terms of the loan; and 

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1 ‘‘(3) the loan bears interest at a rate deter2 mined by the Secretary to be reasonable, taking into 

3 account the current average yield on outstanding ob4 ligations of the United States with remaining peri5 ods of maturity comparable to the maturity of the 

6 loan. 

7 ‘‘(d) MATURITY.—A loan guaranteed under sub8 section (b) shall have a maturity of not more than 20 

9 years. 

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

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

12 that no provision of the loan agreement may be amended 

13 or waived without the consent of the Secretary. 

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

15 shall require that an applicant for a loan guarantee under 

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

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

18 means acceptable to the Secretary in an amount equal to 

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

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

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

22 amount determined by the Secretary to be sufficient to 

23 cover the administrative costs of the Secretary relating to 

24 the loan guarantee. 

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

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

3 all guarantees made under this section. Any such guar4 antee made by the Secretary shall be conclusive evidence 

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

6 to principal and interest. The validity of the guarantee 

7 shall be incontestable in the hands of a holder of the guar8 anteed loan. 

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

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

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

12 are authorized to be appropriated to carry out this section 

13 $300,000,000 for fiscal years 2011 through 2016.’’. 

Æ 

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