II 

Calendar No. 623 

111TH CONGRESS 

2D SESSION S. 3495 

[Report No. 111–336] 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2010 

Mr. DORGAN (for himself, Mr. MERKLEY, Mr. ALEXANDER, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

SEPTEMBER 28, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Electric Ve5 hicles Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

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

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

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

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

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

13 United States; 

14 (4) the United States imports more than 50 

15 percent of the petroleum needs of the country each 

16 day; 

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

18 in petroleum trade amounted to more than 

19 $380,000,000,000, or nearly 60 percent of the total 

20 trade deficit; 

21 (6) the transportation sector of the United 

States accounts for over 2 22 ⁄3 of total national petro23 leum consumption and is 94 percent reliant on pe24 troleum; 

25 (7) the electrification of the transportation sec26 tor represents a direct pathway to significant reducVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 tion in petroleum dependence, because passenger 

2 cars and light trucks account for more than 60 per3 cent of the transportation petroleum demand and 

4 more than 40 percent of total petroleum demand in 

5 the United States; 

6 (8) the electrification of the transportation sec7 tor promotes national energy security because the 

8 electric power sector uses a diverse range of domes9 tic electricity generation sources; 

10 (9) electric drive vehicles, when running on elec11 tric power, produce no tailpipe emissions; 

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

13 drive vehicles would result in a petroleum savings of 

14 approximately 10,000,000 barrels per year compared 

15 to the annual petroleum consumption as of the date 

16 of enactment of this Act; 

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

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

19 vehicles, which would result in a petroleum savings 

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

21 year and greenhouse gas reductions of over 

22 300,000,000 tons of carbon dioxide compared to the 

23 annual petroleum consumption and greenhouse gas 

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

25 and 


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

2 electric drive vehicles that is focused on competi3 tively selected deployment communities— 

4 (A) is a critical component of a com5 prehensive effort to speed plug-in electric drive 

6 vehicle penetration rates; 

7 (B) will contribute to the larger national 

8 effort to deploy plug-in electric drive vehicles; 

9 (C) will inform best practices for the wide10 scale deployment of plug-in electric drive vehi11 cles; and 

12 (D) will substantially reduce the oil con13 sumption of the United States. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

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

17 meaning given the term ‘‘Executive agency’’ in sec18 tion 105 of title 5, United States Code. 

19 (2) CHARGING INFRASTRUCTURE.—The term 

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

21 including a building or the structural components of 

22 a building) if the property is used for the recharging 

23 of motor vehicles propelled by electricity, including 

24 electrical panel upgrades, wiring, conduit, trenching, 

25 pedestals, and related equipment. 


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

2 means the Plug-in Electric Drive Vehicle Technical 

3 Advisory Committee established by section 304. 

4 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de5 ployment community’’ means a community selected 

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

7 electric drive vehicles deployment communities pro8 gram under section 106. 

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

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

11 3 of the Public Utility Regulatory Policies Act of 

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

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

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

15 highway system described in section 103 of title 23, 

16 United States Code. 

17 (7) PLUG-IN ELECTRIC DRIVE VEHICLE.— 

18 (A) IN GENERAL.—The term ‘‘plug-in elec19 tric drive vehicle’’ has the meaning given the 

20 term in section 131(a)(5) of the Energy Inde21 pendence and Security Act of 2007 (42 U.S.C. 

22 17011(a)(5)). 

23 (B) INCLUSIONS.—The term ‘‘plug-in elec24 tric drive vehicle’’ includes— 


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

2 vehicles that meet the Federal Motor Vehi3 cle Safety Standards described in section 

4 571.500 of title 49, Code of Federal Regu5 lations (or successor regulations); and 

6 (ii) any other motor vehicles that can 

7 be recharged from an external source of 

8 motive power and that is authorized to 

9 travel on the Federal-aid system of high10 ways. 

11 (8) PRIZE.—The term ‘‘Prize’’ means the Ad12 vanced Batteries for Tomorrow Prize established by 

13 section 202. 

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

15 the Secretary of Energy. 

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

17 means the Plug-in Electric Drive Vehicle Inter18 agency Task Force established by section 305. 

19 TITLE I—NATIONAL PLUG-IN 

20 ELECTRIC DRIVE VEHICLE 

21 DEPLOYMENT PROGRAM. 

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

23 DEPLOYMENT PROGRAM. 

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

25 Department of Energy a national plug-in electric drive veVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 hicle deployment program for the purpose of assisting in 

2 the deployment of plug-in electric drive vehicles. 

3 (b) GOALS.—The goals of the national program de4 scribed in subsection (a) include— 

5 (1) the reduction and displacement of petro6 leum use by accelerating the deployment of plug-in 

7 electric drive vehicles in the United States; 

8 (2) the reduction of greenhouse gas emissions 

9 by accelerating the deployment of plug-in electric 

10 drive vehicles in the United States; 

11 (3) the facilitation of the rapid deployment of 

12 plug-in electric drive vehicles; 

13 (4) the achievement of significant market pene14 trations by plug-in electric drive vehicles nationally; 

15 (5) the establishment of models for the rapid 

16 deployment of plug-in electric drive vehicles nation17 ally, including models for the deployment of residen18 tial, private, and publicly available charging infra19 structure; 

20 (6) the increase of consumer knowledge and ac21 ceptance of plug-in electric drive vehicles; 

22 (7) the encouragement of the innovation and in23 vestment necessary to achieve mass market deploy24 ment of plug-in electric drive vehicles; 


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

2 electric drive vehicles into electricity distribution sys3 tems and the larger electric grid while maintaining 

4 grid system performance and reliability; 

5 (9) the provision of technical assistance to com6 munities across the United States to prepare for 

7 plug-in electric drive vehicles; and 

8 (10) the support of workforce training across 

9 the United States relating to plug-in electric drive 

10 vehicles. 

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

12 shall— 

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

14 and tribal governments that want to create deploy15 ment programs for plug-in electric drive vehicles in 

16 the communities over which the governments have 

17 jurisdiction; 

18 (2) perform national assessments of the poten19 tial deployment of plug-in electric drive vehicles; 

20 (3) synthesize and disseminate data from the 

21 deployment of plug-in electric drive vehicles; 

22 (4) develop best practices for the successful de23 ployment of plug-in electric drive vehicles; 

24 (5) carry out workforce training under section 

25 104; 


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

2 vehicle deployment communities program under sec3 tion 106; and 

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

5 recommendations to Congress and the President on 

6 methods to reduce the barriers to plug-in electric 

7 drive vehicle deployment. 

8 (d) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act and biennially thereafter, the Sec10 retary shall submit to the appropriate committees of Con11 gress a report on the progress made in implementing the 

12 national program described in subsection (a) that in13 cludes— 

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

15 (A) the technical assistance program under 

16 section 103; and 

17 (B) the workforce training program under 

18 section 104; and 

19 (2) any updated recommendations of the Sec20 retary for changes in Federal programs to promote 

21 the purposes of this title. 

22 (e) NATIONAL INFORMATION CLEARINGHOUSE.— 

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

24 timely manner, information regarding— 


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1 (1) the cost, performance, usage data, and tech2 nical data regarding plug-in electric drive vehicles 

3 and associated infrastructure, including information 

4 from the deployment communities established under 

5 section 106; and 

6 (2) any other educational information that the 

7 Secretary determines to be appropriate. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—For the 

9 period of fiscal years 2011 through 2016, there are au10 thorized to be appropriated $100,000,000 to carry out sec11 tions 101 through 103. 

12 SEC. 102. NATIONAL ASSESSMENT AND PLAN. 

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

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

15 out a national assessment and develop a national plan for 

16 plug-in electric drive vehicle deployment that includes— 

17 (1) an assessment of the maximum feasible de18 ployment of plug-in electric drive vehicles by 2020 

19 and 2030; 

20 (2) the establishment of national goals for mar21 ket penetration of plug-in electric drive vehicles by 

22 2020 and 2030; 

23 (3) a plan for integrating the successes and 

24 barriers to deployment identified by the deployment 

25 communities program established under section 106 


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1 to prepare communities across the Nation for the 

2 rapid deployment of plug-in electric drive vehicles; 

3 (4) a plan for providing technical assistance to 

4 communities across the United States to prepare for 

5 plug-in electric drive vehicle deployment; 

6 (5) a plan for quantifying the reduction in pe7 troleum consumption and the net impact on green8 house gas emissions due to the deployment of plug9 in electric drive vehicles; and 

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

11 recommendations to the President and to Congress 

12 for changes in Federal programs (including laws, 

13 regulations, and guidelines)— 

14 (A) to better promote the deployment of 

15 plug-in electric drive vehicles; and 

16 (B) to reduce barriers to the deployment of 

17 plug-in electric drive vehicles. 

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

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

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

21 Secretary shall use market data and information from the 

22 targeted plug-in electric drive vehicle deployment commu23 nities program established under section 106 and other 

24 relevant data to update the plan to reflect real world mar25 ket conditions. 


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1 SEC. 103. TECHNICAL ASSISTANCE. 

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

3 TRIBAL GOVERNMENTS.— 

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

5 Secretary shall provide, at the request of the appli6 cable elected official, technical assistance to State, 

7 local, and tribal governments to assist with the de8 ployment of plug-in electric drive vehicles. 

9 (2) REQUIREMENTS.—The technical assistance 

10 described in paragraph (1) shall include— 

11 (A) training on codes and standards for 

12 building and safety inspectors; 

13 (B) training on best practices for expe14 diting permits and inspections; 

15 (C) education and outreach on frequently 

16 asked questions relating to the various types of 

17 plug-in electric drive vehicles and associated in18 frastructure, battery technology, and disposal; 

19 and 

20 (D) the dissemination of information re21 garding best practices for the deployment of 

22 plug-in electric drive vehicles. 

23 (3) PRIORITY.—In providing technical assist24 ance under this subsection, the Secretary shall give 

25 priority to— 

26 (A) communities that— 


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1 (i) applied to participate in the pro2 gram described in section 106; 

3 (ii) were determined to have strong 

4 applications; and 

5 (iii) were not selected to be deploy6 ment communities; 

7 (B) communities that demonstrate engaged 

8 partnerships among public and private stake9 holders, including— 

10 (i) elected and appointed officials 

11 from each of the participating State, local, 

12 and tribal governments; 

13 (ii) all relevant generators and dis14 tributors of electricity; 

15 (iii) public utility commissions; 

16 (iv) departments of public works and 

17 transportation; 

18 (v) owners and operators of property 

19 that will be essential to the deployment of 

20 a sufficient level of publicly available 

21 charging infrastructure (including privately 

22 owned parking lots or structures and com23 mercial entities with public access loca24 tions); 


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1 (vi) plug-in electric drive vehicle man2 ufacturers or retailers; 

3 (vii) third-party providers of charging 

4 infrastructure or services; 

5 (viii) owners of any major fleet that 

6 will participate in the program; 

7 (ix) as appropriate, owners and opera8 tors of regional electric power distribution 

9 and transmission facilities; and 

10 (x) other existing community coali11 tions recognized by the Department of En12 ergy; 

13 (C) communities that have best dem14 onstrated that the public is likely to embrace 

15 plug-in electric drive vehicles; 

16 (D) communities that have shown a com17 mitment to serving diverse consumer charging 

18 infrastructure needs, including the charging in19 frastructure needs for single- and multi-family 

20 housing and public and privately owned com21 mercial infrastructure; and 

22 (E) communities that have established reg23 ulatory and educational efforts to facilitate con24 sumer acceptance of electric drive vehicles, in25 cluding by— 


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1 (i) adopting (or being in the process 

2 of adopting) streamlined permitting and 

3 inspections processes for residential charg4 ing infrastructure; and 

5 (ii) providing customer informational 

6 resources, including providing plug-in elec7 tric drive information on community or 

8 other Web sites. 

9 (4) BEST PRACTICES.—The Secretary shall col10 lect and disseminate information to State, local, and 

11 tribal governments creating plans to deploy plug-in 

12 electric drive vehicles on best practices (including 

13 codes and standards) that uses data from— 

14 (A) the program established by section 

15 106; and 

16 (B) the activities carried out by the Task 

17 Force. 

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 106; 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 

16 106; 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; 

22 (II) updating building, zoning, or 

23 parking codes and permitting or in24 spection processes; 


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

4 (IV) public education described 

5 in the proposed marketing plan; 

6 (V) shifting State, local, or tribal 

7 government fleets to plug-in electric 

8 drive vehicles, at a rate in excess of 

9 the existing Federal alternative fleet 

10 vehicles requirements; and 

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

14 (b) UPDATING MODEL BUILDING CODES, PERMIT15 TING AND INSPECTION PROCESSES, AND ZONING OR

16 PARKING RULES.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary shall develop and publish— 

20 (A) model building codes for the inclusion 

21 of separate circuits for charging infrastructure, 

22 as appropriate, in new construction and major 

23 renovations of private residences, buildings, or 

24 other structures that could provide publicly 

25 available charging infrastructure; 


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1 (B) model construction permitting or in2 spection processes that allow for the expedited 

3 installation of charging infrastructure for pur4 chasers of plug-in electric drive vehicles (includ5 ing a permitting process that allows a vehicle 

6 purchaser to have charging infrastructure in7 stalled not later than 1 week after a request); 

8 and 

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

10 local ordinances that— 

11 (i) facilitate the installation of pub12 licly available charging infrastructure, in13 cluding commercial entities that provide 

14 public access to infrastructure; and 

15 (ii) allow for access to publicly avail16 able charging infrastructure. 

17 (2) OPTIONAL ADOPTION.—An applicant for se18 lection for technical assistance under this section or 

19 as a deployment community under section 106 shall 

20 not be required to use the model building codes, per21 mitting and inspection processes, or zoning, parking 

22 rules, or other ordinances included in the report 

23 under paragraph (1). 

24 (3) SMART GRID INTEGRATION.—In developing 

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1 graph (1), the Secretary shall consider smart grid 

2 integration. 

3 SEC. 104. WORKFORCE TRAINING. 

4 (a) MAINTENANCE AND SUPPORT.— 

5 (1) IN GENERAL.—The Secretary, in consulta6 tion with the Committee and the Task Force, shall 

7 award grants to institutions of higher education and 

8 other qualified training and education institutions 

9 for the establishment of programs to provide train10 ing and education for vocational workforce develop11 ment through centers of excellence. 

12 (2) PURPOSE.—Training funded under this 

13 subsection shall be intended to ensure that the work14 force has the necessary skills needed to work on and 

15 maintain plug-in electric drive vehicles and the infra16 structure required to support plug-in electric drive 

17 vehicles. 

18 (3) SCOPE.—Training funded under this sub19 section shall include training for— 

20 (A) first responders; 

21 (B) electricians and contractors who will 

22 be installing infrastructure; 

23 (C) engineers; 

24 (D) code inspection officials; and 

25 (E) dealers and mechanics. 


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

2 institutions of higher education and other qualified train3 ing and education institutions for the establishment of 

4 programs to provide training and education in designing 

5 plug-in electric drive vehicles and associated components 

6 and infrastructure to ensure that the United States can 

7 lead the world in this field. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

10 this section. 

11 SEC. 105. FEDERAL FLEETS. 

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

13 agencies to fuel plug-in electric drive vehicles— 

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

15 301 of the Energy Policy Act of 1992 (42 U.S.C. 

16 13218)); and 

17 (2) shall be accounted for under Federal fleet 

18 management reporting requirements, not under Fed19 eral building management reporting requirements. 

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

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

22 completion of the Program, the Federal Energy Manage23 ment Program and the General Services Administration, 

24 in consultation with the Task Force, shall complete an as25 sessment of Federal Government fleets, including the 


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1 Postal Service and the Department of Defense, and sub2 mit a report to Congress that describes— 

3 (1) for each Federal agency, which types of ve4 hicles the agency uses that would or would not be 

5 suitable for near-term and medium-term conversion 

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

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

8 vehicles could provide comparable functionality and 

9 lifecycle costs; 

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

11 could be deployed by the Federal Government in 5 

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

13 drive vehicles are available and are purchased when 

14 new vehicles are needed or existing vehicles are re15 placed; 

16 (3) the estimated cost to the Federal Govern17 ment for vehicle purchases under paragraph (2); and 

18 (4) a description of any updates to the assess19 ment and plan based on new market data. 

20 (c) INVENTORY AND DATA COLLECTION.— 

21 (1) IN GENERAL.—In carrying out the assess22 ment and report under subsection (b), the Federal 

23 Energy Management Program, in consultation with 

24 the General Services Administration, shall— 


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1 (A) develop an information request for 

2 each agency that operates a fleet of at least 20 

3 motor vehicles; and 

4 (B) establish guidelines for each agency to 

5 use in developing a plan to deploy plug-in elec6 tric drive vehicles. 

7 (2) AGENCY RESPONSES.—Each agency that 

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

9 (A) collect information on the vehicle fleet 

10 of the agency in response to the information re11 quest described in paragraph (1); and 

12 (B) develop a plan to deploy plug-in elec13 tric drive vehicles. 

14 (3) ANALYSIS OF RESPONSES.—The Federal 

15 Energy Management Program shall— 

16 (A) analyze the information submitted by 

17 each agency under paragraph (2); 

18 (B) approve or suggest amendments to the 

19 plan of each agency to ensure that the plan is 

20 consistent with the goals and requirements of 

21 this Act; and 

22 (C) submit a plan to Congress and the 

23 General Services Administration to be used in 

24 developing the pilot program described in sub25 section (e). 


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

2 Government shall include plug-in electric drive vehicle pur3 chases identified in the report under subsection (b) in the 

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

5 United States Government submitted by the President 

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

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

8 DRIVE VEHICLES IN THE FEDERAL FLEET.— 

9 (1) IN GENERAL.—The Administrator of Gen10 eral Services shall acquire plug-in electric drive vehi11 cles and the requisite charging infrastructure to be 

12 deployed in a range of locations in the Federal fleet 

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

14 enactment of this Act. 

15 (2) DATA COLLECTION.—The Administrator of 

16 General Services shall collect data regarding— 

17 (A) the cost, performance, and use of plug18 in electric drive vehicles in the Federal fleet; 

19 (B) the deployment and integration of 

20 plug-in electric drive vehicles in the Federal 

21 fleet; and 

22 (C) the contribution of plug-in electric 

23 drive vehicles in the Federal fleet toward reduc24 ing the use of fossil fuels and greenhouse gas 

25 emissions. 


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

2 date of enactment of this Act, the Administrator of 

3 General Services shall submit to the appropriate 

4 committees of Congress a report that— 

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

6 drive vehicles in the Federal fleet; and 

7 (B) includes an analysis of the data col8 lected under this subsection. 

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

10 Management Program shall maintain and regularly 

11 update a publicly available Web site that provides in12 formation on the status of plug-in electric drive vehi13 cles in the Federal fleet. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated for the Federal Government 

16 to pay for incremental costs to purchase or lease plug17 in electric drive vehicles and the requisite charging infra18 structure for Federal fleets $25,000,000. 

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

20 DEPLOYMENT COMMUNITIES PROGRAM. 

21 (a) ESTABLISHMENT.— 

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

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1 in electric drive vehicle deployment communities pro2 gram (referred to in this section as the ‘‘Program’’). 

3 (2) PHASE 1.— 

4 (A) IN GENERAL.—The Secretary shall es5 tablish a competitive process to select at least 

6 5 and not more than 15 phase 1 deployment 

7 communities for the Program. 

8 (B) ELIGIBLE ENTITIES.—In selecting 

9 participants for the Program under paragraph 

10 (1), the Secretary shall only consider applica11 tions submitted by State, tribal, or local govern12 ment entities (or groups of State, tribal, or 

13 local government entities). 

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

15 after the date of enactment of this Act, the Sec16 retary shall select the phase 1 deployment com17 munities under this paragraph. 

18 (D) TERMINATION.—Phase 1 of the Pro19 gram shall be carried out for a 5-year period 

20 beginning on the date funding under this Act is 

21 first provided to the deployment community. 

22 (3) PHASE 2.—Not later than 5 years after the 

23 date of enactment of this Act, the Secretary shall 

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1 ysis, the Secretary determines that a phase II pro2 gram is warranted, makes recommendations and de3 scribes a plan for phase II, including— 

4 (A) recommendations regarding— 

5 (i) the number of additional deploy6 ment communities that should be selected; 

7 (ii) the manner in which criteria for 

8 selection should be updated; 

9 (iii) the manner in which incentive 

10 structures for phase 2 deployment should 

11 be changed; and 

12 (iv) whether other forms of onboard 

13 energy storage for electric drive vehicles 

14 should be included in phase 2; and 

15 (B) a request for appropriations to imple16 ment phase 2 of the Program. 

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

18 (1) to facilitate the rapid deployment of plug19 in electric drive vehicles, including— 

20 (A) the deployment of 700,000 plug-in 

21 electric drive vehicles in phase 1 in the deploy22 ment communities selected under paragraph 

23 (2); 


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

4 (C) the achievement of significant market 

5 penetration nationally; 

6 (2) to establish models for the rapid deployment 

7 of plug-in electric drive vehicles nationally, including 

8 for the deployment of residential and publicly avail9 able charging infrastructure; 

10 (3) to increase consumer knowledge and accept11 ance of plug-in electric drive vehicles; 

12 (4) to encourage the innovation and investment 

13 necessary to achieve mass market deployment of 

14 plug-in electric drive vehicles; 

15 (5) to demonstrate 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 (6) to demonstrate protocols and communica20 tion standards that facilitate vehicle integration into 

21 the grid and provide seamless charging for con22 sumers traveling through multiple utility distribution 

23 systems; 

24 (7) to investigate differences among deployment 

25 communities and to develop best practices for impleVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 menting vehicle electrification in various commu2 nities, including best practices for planning for and 

3 facilitating the construction of residential and pub4 licly available infrastructure to support plug-in elec5 tric drive vehicles; 

6 (8) to collect comprehensive data on the pur7 chase and use of plug-in electric drive vehicles to in8 form best practices for rapidly deploying plug-in 

9 electric drive vehicles in other locations, including 

10 for the installation of charging infrastructure; and 

11 (9) to reduce and displace petroleum use and 

12 reduce greenhouse gas emissions by accelerating the 

13 deployment of plug-in electric drive vehicles in the 

14 United States. 

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, demo3 graphics, urban and suburban composition, 

4 typical commuting patterns, climate, and 

5 type of utility (including regulated, munic6 ipal, cooperative, and vertically integrated 

7 utilities); 

8 (ii) the combination of selected com9 munities is diverse in geographic distribu10 tion, and at least 1 deployment community 

11 is located in each Petroleum Administra12 tion for Defense District; 

13 (iii) at least 1 community selected has 

14 a population of less than 125,000; 

15 (iv) each deployment community will 

16 achieve significant market penetration; and 

17 (v) the deployment communities are 

18 representative of other communities across 

19 the United States; 

20 (B) is encouraged to select a combination 

21 of deployment communities that includes mul22 tiple models or approaches for deploying plug23 in electric drive vehicles that the Secretary be24 lieves are reasonably likely to be effective, inVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 cluding multiple approaches to the deployment 

2 of charging infrastructure; and 

3 (C) in addition to the criteria described in 

4 subparagraph (A), may give preference to appli5 cants proposing a greater non-Federal cost 

6 share. 

7 (3) CRITERIA.— 

8 (A) IN GENERAL.—Not later than 120 

9 days after the date of enactment of this Act, 

10 the Secretary shall publish criteria for the selec11 tion of deployment communities that include re12 quirements that applications be submitted by a 

13 State, tribal, or local government entity (or 

14 groups of State, tribal, or local government en15 tities). 

16 (B) APPLICATION REQUIREMENTS.—The 

17 criteria published by the Secretary under sub18 paragraph (A) shall include application require19 ments that, at a minimum, include— 

20 (i) goals for— 

21 (I) the number of plug-in electric 

22 drive vehicles to be deployed in the 

23 community; 

24 (II) the expected percentage of 

25 light-duty vehicle sales that would be 


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1 sales of plug-in electric drive vehicles; 

2 and 

3 (III) the adoption of plug-in elec4 tric drive vehicles (including medium5 or heavy-duty vehicles) in private and 

6 public fleets during the 5-year dura7 tion of the Program; 

8 (ii) evidence that— 

9 (I) the public is likely to embrace 

10 plug-in electric drive vehicles; and 

11 (II) automobile manufacturers 

12 and dealers will be able to provide and 

13 service the targeted number of plug-in 

14 electric drive vehicles in the commu15 nity for the duration of the program; 

16 (iii) clearly defined geographic bound17 aries of the proposed deployment area; 

18 (iv) a community deployment plan for 

19 the deployment of plug-in electric drive ve20 hicles, charging infrastructure, and serv21 ices in the deployment community; 

22 (v) assurances that a majority of the 

23 vehicle deployments anticipated in the plan 

24 will be for personal vehicles authorized to 

25 travel on the United States Federal-aid 


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1 system of highways, but may also in2 clude— 

3 (I) private or public sector plug4 in electric drive fleet vehicles; 

5 (II) medium- and heavy-duty 

6 plug-in hybrid vehicles; 

7 (III) low speed plug-in electric 

8 drive vehicles that meet Federal 

9 Motor Vehicle Safety Standards de10 scribed in section 571.500 of title 49, 

11 Code of Federal Regulations; and 

12 (IV) any other plug-in electric 

13 drive vehicle authorized to travel on 

14 the United States Federal-aid system 

15 of highways; and 

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

17 determined by the Secretary. 

18 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

19 for the deployment of plug-in electric drive vehicles 

20 shall include— 

21 (A) a proposed level of cost sharing in ac22 cordance with subsection (d)(2)(C); 

23 (B) documentation demonstrating a sub24 stantial partnership with relevant stakeholders, 

25 including— 


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1 (i) a list of stakeholders that in2 cludes— 

3 (I) elected and appointed officials 

4 from each of the participating State, 

5 local, and tribal governments; 

6 (II) all relevant generators and 

7 distributors of electricity; 

8 (III) State utility regulatory au9 thorities; 

10 (IV) departments of public works 

11 and transportation; 

12 (V) owners and operators of 

13 property that will be essential to the 

14 deployment of a sufficient level of 

15 publicly available charging infrastruc16 ture (including privately owned park17 ing lots or structures and commercial 

18 entities with public access locations); 

19 (VI) plug-in electric drive vehicle 

20 manufacturers or retailers; 

21 (VII) third-party providers of 

22 residential, private, and publicly avail23 able charging infrastructure or serv24 ices; 


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1 (VIII) owners of any major fleet 

2 that will participate in the program; 

3 (IX) as appropriate, owners and 

4 operators of regional electric power 

5 distribution and transmission facili6 ties; and 

7 (X) as appropriate, other existing 

8 community coalitions recognized by 

9 the Department of Energy; 

10 (ii) evidence of the commitment of the 

11 stakeholders to participate in the partner12 ship; 

13 (iii) a clear description of the role and 

14 responsibilities of each stakeholder; and 

15 (iv) a plan for continuing the engage16 ment and participation of the stakeholders, 

17 as appropriate, throughout the implemen18 tation of the deployment plan; 

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

20 electric drive vehicles anticipated to be plug-in 

21 electric drive personal vehicles and the number 

22 of plug-in electric drive vehicles anticipated to 

23 be privately owned fleet or public fleet vehicles; 


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1 (D) a plan for deploying residential, pri2 vate, and publicly available charging infrastruc3 ture, including— 

4 (i) an assessment of the number of 

5 consumers who will have access to private 

6 residential charging infrastructure; 

7 (ii) options for accommodating plug-in 

8 electric drive vehicle owners who are not 

9 able to charge vehicles at their place of 

10 residence; 

11 (iii) a plan for ensuring that the 

12 charging infrastructure be able to send and 

13 receive the information needed to interact 

14 with the grid and be compatible with smart 

15 grid technologies to the extent feasible; 

16 (iv) an estimate of the number and 

17 dispersion of publicly and privately owned 

18 charging stations that will be publicly or 

19 commercially available; 

20 (v) an estimate of the quantity of 

21 charging infrastructure that will be pri22 vately funded or located on private prop23 erty; and 

24 (vi) a description of equipment to be 

25 deployed, including assurances that, to the 


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1 maximum extent practicable, equipment to 

2 be deployed will meet open, nonproprietary 

3 standards for connecting to plug-in electric 

4 drive vehicles that are either— 

5 (I) commonly accepted by indus6 try at the time the equipment is being 

7 acquired; or 

8 (II) meet the standards developed 

9 by the Director of the National Insti10 tute of Standards and Technology 

11 under section 1305 of the Energy 

12 Independence and Security Act of 

13 2007 (42 U.S.C. 17385); 

14 (E) a plan for effective marketing of and 

15 consumer education relating to plug-in electric 

16 drive vehicles, charging services, and infrastruc17 ture; 

18 (F) descriptions of updated building codes 

19 (or a plan to update building codes before or 

20 during the grant period) to include charging in21 frastructure or dedicated circuits for charging 

22 infrastructure, as appropriate, in new construc23 tion and major renovations; 

24 (G) descriptions of updated construction 

25 permitting or inspection processes (or a plan to 


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1 update construction permitting or inspection 

2 processes) to allow for expedited installation of 

3 charging infrastructure for purchasers of plug4 in electric drive vehicles, including a permitting 

5 process that allows a vehicle purchaser to have 

6 charging infrastructure installed within 1 week; 

7 (H) descriptions of updated zoning, park8 ing rules, or other local ordinances as are nec9 essary to facilitate the installation of publicly 

10 available charging infrastructure and to allow 

11 for access to publicly available charging infra12 structure, as appropriate; 

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

14 a deployment community who purchases and 

15 registers a new plug-in electric drive vehicle 

16 throughout the duration of the deployment com17 munity receives a minimum of $2,500 in con18 sumer benefits, in addition to any Federal in19 centives, that may include— 

20 (i) a rebate of part of the purchase 

21 price of the vehicle; 

22 (ii) reductions in sales taxes or reg23 istration fees; 

24 (iii) rebates or reductions in the costs 

25 of permitting, purchasing, or installing 


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1 home plug-in electric drive vehicle charging 

2 infrastructure; and 

3 (iv) rebates or reductions in State or 

4 local toll road access charges; 

5 (J) additional consumer benefits, such as 

6 preferred parking spaces or single-rider access 

7 to high-occupancy vehicle lanes for plug-in elec8 tric drive vehicles; 

9 (K) a proposed plan for making necessary 

10 utility and grid upgrades, including economi11 cally sound information technology upgrades 

12 and a plan for recovering the cost of the up13 grades; 

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

15 or third-party charging service provider, policies 

16 and plans for accommodating the deployment of 

17 plug-in electric drive vehicles, including— 

18 (i) rate structures or provisions and 

19 billing protocols for the charging of plug20 in electric drive vehicles; 

21 (ii) analysis of potential impacts to 

22 the grid; 

23 (iii) plans for using information tech24 nology or third-party aggregators to miniVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 mize the effects of charging on peak loads; 

2 and 

3 (iv) plans for working with smart grid 

4 technologies or third-party aggregators for 

5 the purposes of smart charging and for al6 lowing 2-way communication and elec7 tricity movement; 

8 (M) a deployment timeline; 

9 (N) a plan for monitoring and evaluating 

10 the implementation of the plan, including 

11 metrics for assessing the success of the deploy12 ment and an approach to updating the plan, as 

13 appropriate; and 

14 (O) a description of the manner in which 

15 any grant funds applied for under subsection 

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

17 share for the funds. 

18 (d) PHASE 1 APPLICATIONS AND GRANTS.— 

19 (1) IN GENERAL.—Not later than 120 days 

20 after the date of publication by the Secretary of the 

21 selection criteria described in subsection (c)(3), any 

22 State, tribe, or local government, or group of State, 

23 tribe, or local governments may apply to the Sec24 retary to become a deployment community. 

25 (2) GRANTS.— 


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

2 applicant may request up to $500,000,000 in fi3 nancial assistance from the Secretary to fund 

4 projects in the deployment community. 

5 (B) USE OF FUNDS.—Funds provided 

6 through a grant under this paragraph may be 

7 used to help implement the plan for the deploy8 ment of plug-in electric drive vehicles included 

9 in the application, including— 

10 (i) planning for and installing charg11 ing infrastructure, including offering addi12 tional incentives as described in subsection 

13 (c)(4)(I); 

14 (ii) updating building codes, zoning or 

15 parking rules, or permitting or inspection 

16 processes as described in subparagraphs 

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

18 (iii) reducing the cost and increasing 

19 the consumer adoption of plug-in electric 

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

22 (iv) workforce training, including 

23 training of permitting officials; 


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1 (v) public education and marketing 

2 described in the proposed marketing plan; 

3 and 

4 (vi) shifting State, tribal, or local gov5 ernment fleets to plug-in electric drive ve6 hicles, at a rate in excess of the existing 

7 Federal alternative fleet vehicle require8 ments. 

9 (C) COST-SHARING.— 

10 (i) IN GENERAL.—A grant provided 

11 under this paragraph shall be subject to a 

12 minimum non-Federal cost-sharing re13 quirement of 20 percent. 

14 (ii) NON-FEDERAL SOURCES.—The 

15 Secretary shall— 

16 (I) determine the appropriate 

17 cost share for each selected applicant; 

18 and 

19 (II) require that not less than 20 

20 percent of the cost of an activity fund21 ed by a grant under this paragraph be 

22 provided by a non-Federal source. 

23 (iii) REDUCTION.—The Secretary may 

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1 quirement described in clause (i), as the 

2 Secretary determines to be necessary. 

3 (iv) CALCULATION OF AMOUNT.—In 

4 calculating the amount of the non-Federal 

5 share under this section, the Secretary— 

6 (I) may include allowable costs in 

7 accordance with the applicable cost 

8 principles, including— 

9 (aa) cash; 

10 (bb) personnel costs; 

11 (cc) the value of a service, 

12 other resource, or third party in13 kind contribution determined in 

14 accordance with the applicable 

15 circular of the Office of Manage16 ment and Budget; 

17 (dd) indirect costs or facili18 ties and administrative costs; or 

19 (ee) any funds received 

20 under the power program of the 

21 Tennessee Valley Authority or 

22 any Power Marketing Adminis23 tration (except to the extent that 

24 such funds are made available 


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1 under an annual appropriation 

2 Act); 

3 (II) shall include contributions 

4 made by State, tribal, or local govern5 ment entities and private entities; and 

6 (III) shall not include— 

7 (aa) revenues or royalties 

8 from the prospective operation of 

9 an activity beyond the time con10 sidered in the grant; 

11 (bb) proceeds from the pro12 spective sale of an asset of an ac13 tivity; or 

14 (cc) other appropriated Fed15 eral funds. 

16 (v) REPAYMENT OF FEDERAL

17 SHARE.—The Secretary shall not require 

18 repayment of the Federal share of a cost19 shared activity under this section as a con20 dition of providing a grant. 

21 (vi) TITLE TO PROPERTY.—The re22 ceipt of Federal funds under this section 

23 shall not prohibit the purchaser of a vehi24 cle, equipment, or other property from re25 taining sole, permanent title to the vehicle, 


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1 equipment, or property at the conclusion of 

2 the program. 

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

4 the application deadline established under paragraph 

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

6 deployment communities selected under this sub7 section. 

8 (e) REPORTING REQUIREMENTS.— 

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

11 (A) determine what data will be required 

12 to be collected by participants in deployment 

13 communities and submitted to the Department 

14 to allow for analysis of the deployment commu15 nities; and 

16 (B) develop metrics to determine the suc17 cess of the deployment communities. 

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

19 participation in the Program, a deployment commu20 nity shall provide any data identified by the Sec21 retary under paragraph (1). 

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

23 date of enactment of this Act and again after the 

24 completion of the Program, the Secretary shall sub25 mit to Congress a report that contains— 


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1 (A) a description of the status of— 

2 (i) the deployment communities and 

3 the implementation of the deployment plan 

4 of each deployment community; 

5 (ii) the rate of vehicle manufacturing 

6 deployment and market penetration of 

7 plug-in electric drive vehicles; and 

8 (iii) the deployment of residential and 

9 publicly available infrastructure; 

10 (B) a description of the challenges experi11 enced and lessons learned from the program to 

12 date, including the activities described in sub13 paragraph (A); and 

14 (C) an analysis of the data collected under 

15 this subsection. 

16 (f) PROPRIETARY INFORMATION.—The Secretary 

17 shall, as appropriate, provide for the protection of propri18 etary information and intellectual property rights. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $4,000,000,000. 

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

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


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

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

3 State’’; and 

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

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

6 State’’. 

7 TITLE II—RESEARCH AND 

8 DEVELOPMENT 

9 SEC. 201. RESEARCH AND DEVELOPMENT PROGRAM. 

10 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Committee, shall establish a program 

13 to fund research and development in advanced bat14 teries, plug-in electric drive vehicle components, 

15 plug-in electric drive infrastructure, and other tech16 nologies supporting the development, manufacture, 

17 and deployment of plug-in electric drive vehicles and 

18 charging infrastructure. 

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

20 funding for— 

21 (A) the development of low-cost, smart22 charging and vehicle-to-grid connectivity tech23 nology; 


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1 (B) the benchmarking and assessment of 

2 open software systems using nationally estab3 lished evaluation criteria; and 

4 (C) new technologies in electricity storage 

5 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; and 

23 (C) identifies the potential uses of a vehicle 

24 battery— 


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1 (i) with the most promise for market 

2 development; and 

3 (ii) for which market development 

4 would be aided by a demonstration project. 

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

6 date of enactment of this Act, the Secretary shall 

7 submit to the appropriate committees of Congress 

8 an initial report on the findings of the program de9 scribed in paragraph (1), including recommendations 

10 for stationary energy storage and other potential ap11 plications for batteries used in plug-in electric drive 

12 vehicles. 

13 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

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

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

16 in consultation with the Committee, shall develop 

17 guidelines for projects that demonstrate the sec18 ondary uses of vehicle batteries. 

19 (2) PUBLICATION OF GUIDELINES.—Not later 

20 than 30 months after the date of enactment of this 

21 Act, the Secretary shall— 

22 (A) publish the guidelines described in 

23 paragraph (1); and 

24 (B) solicit applications for funding for 

25 demonstration projects. 


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

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

3 Secretary shall select proposals for grant funding 

4 under this section, based on an assessment of which 

5 proposals are mostly likely to contribute to the devel6 opment of a secondary market for batteries. 

7 (d) MATERIALS RECYCLING STUDY.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Committee, shall carry out a study on 

10 the recycling of materials from plug-in electric drive 

11 vehicles and the batteries used in plug-in electric 

12 drive vehicles. 

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

14 date of enactment of this Act, the Secretary shall 

15 submit to the appropriate committees of Congress a 

16 report on the findings of the study described in 

17 paragraph (1). 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $1,535,000,000, including— 

21 (1) $1,500,000,000 for use in conducting the 

22 program described in subsection (a) for fiscal years 

23 2011 through 2020; 


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1 (2) $5,000,000 for use in conducting the pro2 gram described in subsection (b) for fiscal years 

3 2011 through 2016; 

4 (3) $25,000,000 for use in providing grants de5 scribed in subsection (c) for fiscal years 2011 

6 through 2020; and 

7 (4) $5,000,000 for use in conducting the study 

8 described in subsection (d) for fiscal years 2011 

9 through 2013. 

10 SEC. 202. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

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

12 date of enactment of this Act, as part of the program de13 scribed in section 1008 of the Energy Policy Act of 2005 

14 (42 U.S.C. 16396), the Secretary shall establish the Ad15 vanced Batteries for Tomorrow Prize to competitively 

16 award cash prizes in accordance with this section to ad17 vance the research, development, demonstration, and com18 mercial application of a 500-mile vehicle battery. 

19 (b) BATTERY SPECIFICATIONS.— 

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

21 a battery submitted by an entrant shall be— 

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

23 vehicle authorized to travel on the United 

24 States Federal-aid system of highways for at 

25 least 500 miles before recharging; 


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1 (B) of a size that would not be cost-prohib2 itive or create space constraints, if mass-pro3 duced; and 

4 (C) cost-effective (measured in cost per kil5 owatt hour), if mass-produced. 

6 (2) ADDITIONAL REQUIREMENTS.—The Sec7 retary, in consultation with the Committee, shall es8 tablish any additional battery specifications that the 

9 Secretary and the Committee determine to be nec10 essary. 

11 (c) PRIVATE FUNDS.— 

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

13 and notwithstanding section 3302 of title 31, United 

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

15 use funds contributed by any person, government 

16 entity, or organization for purposes of carrying out 

17 this subsection— 

18 (A) without further appropriation; and 

19 (B) without fiscal year limitation. 

20 (2) RESTRICTION ON PARTICIPATION.—An enti21 ty providing private funds for the Prize may not 

22 participate in the competition for the Prize. 

23 (d) TECHNICAL REVIEW.—The Secretary, in con24 sultation with the Committee, shall establish a technical 

25 review committee composed of non-Federal officers to reVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\S3495.RS S3495

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1 view data submitted by Prize entrants under this section 

2 and determine whether the data meets the prize specifica3 tions described in subsection (b). 

4 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

5 may select, on a competitive basis, a third party to admin6 ister awards provided under this section. 

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

8 this section— 

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

10 shall be incorporated in and maintain a primary 

11 place of business in the United States; and 

12 (2) in the case of an individual (whether par13 ticipating as a single individual or in a group), the 

14 individual shall be a citizen or lawful permanent 

15 resident of the United States. 

16 (g) AWARD AMOUNTS.— 

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

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

19 Prize shall be $10,000,000. 

20 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

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

22 the Secretary, in consultation with the technical re23 view committee established under subsection (d), 

24 may award cash prizes, in amounts determined by 

25 the Secretary, in recognition of breakthrough 


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1 achievements in research, development, demonstra2 tion, and commercial application of— 

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

4 or 

5 (B) advances in battery durability, energy 

6 density, and power density. 

7 (h) 500-MILE BATTERY AWARD FUND.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a fund to be 

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

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

12 by the Secretary, to be available without fiscal year 

13 limitation and subject to appropriation, to award 

14 amounts under this section. 

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

16 consist of— 

17 (A) such amounts as are appropriated to 

18 the Fund under subsection (i); and 

19 (B) such amounts as are described in sub20 section (c) and that are provided for the Fund. 

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

22 not be made available for any purpose other than a 

23 purposes described in subsection (a). 

24 (4) ANNUAL REPORTS.— 


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

2 after the end of each fiscal year beginning with 

3 fiscal year 2012, the Secretary shall submit a 

4 report on the operation of the Fund during the 

5 fiscal year to— 

6 (i) the Committees on Appropriations 

7 of the House of Representatives and of the 

8 Senate; 

9 (ii) the Committee on Energy and 

10 Natural Resources of the Senate; and 

11 (iii) the Committee on Energy and 

12 Commerce of the House of Representa13 tives. 

14 (B) CONTENTS.—Each report shall in15 clude, for the fiscal year covered by the report, 

16 the following: 

17 (i) A statement of the amounts depos18 ited into the Fund. 

19 (ii) A description of the expenditures 

20 made from the Fund for the fiscal year, in21 cluding the purpose of the expenditures. 

22 (iii) Recommendations for additional 

23 authorities to fulfill the purpose of the 

24 Fund. 


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1 (iv) A statement of the balance re2 maining in the Fund at the end of the fis3 cal year. 

4 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

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

6 amended— 

7 (A) by redesignating paragraphs (35) and 

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

9 (B) by redesignating the second paragraph 

10 (33) (relating to obligational authority and out11 lays requested for homeland security) as para12 graph (35); and 

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

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

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

16 ‘Promoting Electric Vehicles Act of 2010’, which 

17 shall include the estimated amount of deposits into 

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

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated— 

21 (1) $10,000,000 to carry out subsection (g)(1); 

22 and 

23 (2) $1,000,000 to carry out subsection (g)(2). 


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

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

3 consultation with the Secretary and the Task Force, shall 

4 conduct a study that— 

5 (1) identifies the raw materials needed for the 

6 manufacture of plug-in electric drive vehicles, bat7 teries, and other components for plug-in electric 

8 drive vehicles, and for the infrastructure needed to 

9 support plug-in electric drive vehicles; 

10 (2) describes the primary or original sources 

11 and known reserves and resources of those raw ma12 terials; 

13 (3) assesses, in consultation with the National 

14 Academy of Sciences, the degree of risk to the man15 ufacture, maintenance, deployment, and use of plug16 in electric drive vehicles associated with the supply 

17 of those raw materials; and 

18 (4) identifies pathways to securing reliable and 

19 resilient supplies of those raw materials. 

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

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

22 shall submit to Congress a report that describes the re23 sults of the study. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this subsection 

26 $1,500,000. 


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1 SEC. 204. 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— 

22 (A) the collection, storage, and preserva23 tion of the data described in paragraph (1)(A); 

24 (B) ownership of the data described in 

25 paragraph (1)(A); 


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1 (C) access to the data described in para2 graph (1)(A); and 

3 (D) informed consent and privacy protec4 tions for owners and users of plug-in electric 

5 drive vehicles. 

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

7 date of an agreement between the Secretary and the Acad8 emy under subsection (a), the National Academy of 

9 Sciences shall submit to the appropriate committees of 

10 Congress a report that describes the results of the study 

11 under subsection (a). 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $1,000,000. 

15 TITLE III—MISCELLANEOUS 

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

17 DRIVE VEHICLES. 

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

19 Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amend20 ed— 

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

22 adding at the end the following: 

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

24 PLANNING.— 


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1 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC2 TRIC DRIVE VEHICLES.— 

3 ‘‘(i) IN GENERAL.—Not later than 2 

4 years after the date of enactment of this 

5 paragraph, each electric utility shall de6 velop a plan to support the use of plug-in 

7 electric drive vehicles, including medium8 and heavy-duty hybrid electric vehicles in 

9 the service area of the electric utility. 

10 ‘‘(ii) REQUIREMENTS.—A plan under 

11 clause (i) shall investigate— 

12 ‘‘(I) various levels of potential 

13 penetration of plug-in electric drive 

14 vehicles in the utility service area; 

15 ‘‘(II) the potential impacts that 

16 the various levels would have on dis17 tribution infrastructure and on the 

18 operation of the transmission grid; 

19 and 

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

21 providing reliable and economical 

22 charging services. 

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

24 that determines that the electric utility will 

25 have no meaningful penetration of plug-in 


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1 electric drive vehicles during the 5-year pe2 riod beginning on the date of enactment of 

3 this paragraph may petition the Secretary 

4 to waive clause (i) for 5 years. 

5 ‘‘(iv) UPDATES.— 

6 ‘‘(I) IN GENERAL.—Each electric 

7 utility shall update the plan of the 

8 electric utility every 5 years. 

9 ‘‘(II) RESUBMISSION OF WAIV10 ER.—An electric utility that received a 

11 waiver under clause (iii) and wants 

12 the waiver to continue after the expi13 ration of the waiver shall be required 

14 to resubmit the waiver. 

15 ‘‘(v) EXEMPTION.—If the Secretary 

16 determines that a plan required by a State 

17 regulatory authority meets the require18 ments of this paragraph, the Secretary 

19 may accept that plan and exempt the elec20 tric utility submitting the plan from the re21 quirements of clause (i). 

22 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

23 State regulatory authority (in the case of each 

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1 making authority) and each municipal and co2 operative utility shall— 

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

4 the deployment of recharging infrastruc5 ture in communities located in the foot6 print of the authority or utility; 

7 ‘‘(ii) require that charging infrastruc8 ture deployed is interoperable with prod9 ucts of all auto manufacturers to the max10 imum extent practicable; and 

11 ‘‘(iii) consider adopting minimum re12 quirements for deployment of electrical 

13 charging infrastructure and other appro14 priate requirements necessary to support 

15 the use of plug-in electric drive vehicles. 

16 ‘‘(C) COST RECOVERY.—Each State regu17 latory authority (in the case of each electric 

18 utility for which the authority has ratemaking 

19 authority) and each municipal and cooperative 

20 utility may consider whether, and to what ex21 tent, to allow cost recovery for plans and imple22 mentation of plans. 

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

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1 spect to each electric utility for which the au2 thority has ratemaking authority), and each 

3 municipal and cooperative electric utility, shall 

4 complete the consideration, and shall make the 

5 determination, referred to in subsection (a) with 

6 respect to the standard established by this 

7 paragraph.’’; 

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

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

10 State’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—Each State’’; 

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

13 the case’’ and inserting the following: 

14 ‘‘(2) SPECIFIC STANDARDS.— 

15 ‘‘(A) NET METERING AND FOSSIL FUEL

16 GENERATION EFFICIENCY.—In the case’’; 

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

18 the case’’ and inserting the following: 

19 ‘‘(B) TIME-BASED METERING AND COMMU20 NICATIONS.—In the case’’; 

21 (D) in the fourth sentence— 

22 (i) by striking ‘‘In the case’’ and in23 serting the following: 

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

25 and 


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

2 inserting ‘‘paragraph (15) of section 

3 111(d)’’; 

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

5 the case’’ and inserting the following: 

6 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

7 RATE DESIGN MODIFICATIONS, SMART GRID IN8 VESTMENTS, SMART GRID INFORMATION.—In 

9 the case’’; and 

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

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

12 PLANNING.—In the case of the standards estab13 lished by paragraph (20) of section 111(d), the 

14 reference contained in this subsection to the 

15 date of enactment of this Act shall be deemed 

16 to be a reference to the date of enactment of 

17 that paragraph.’’; and 

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

19 the matter preceding paragraph (1), by striking 

20 ‘‘(19)’’ and inserting ‘‘(20)’’. 

21 (b) REPORT.— 

22 (1) IN GENERAL.—The Secretary, in consulta23 tion with the Technical Advisory Committee, shall 

24 convene a group of utility stakeholders, charging in25 frastructure providers, third party aggregators, and 


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1 others, as appropriate, to discuss and determine the 

2 potential models for the technically and logistically 

3 challenging issues involved in using electricity as a 

4 fuel for vehicles, including— 

5 (A) accommodation for billing for charging 

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

7 and at publicly available charging infrastruc8 ture; 

9 (B) plans for anticipating vehicle to grid 

10 applications that will allow batteries in cars as 

11 well as banks of batteries to be used for grid 

12 storage, ancillary services provision, and backup 

13 power; and 

14 (C) integration of plug-in electric drive ve15 hicles with smart grid, including protocols and 

16 standards, necessary equipment, and informa17 tion technology systems. 

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

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

21 committees of Congress a report that includes— 

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

24 (B) any other issues that the Task Force 

25 and Secretary determine to be appropriate. 


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1 SEC. 302. LOAN GUARANTEES FOR ADVANCED BATTERY 

2 PURCHASES FOR USE IN STATIONARY APPLI3 CATIONS. 

4 Subtitle B of title I of the Energy Independence and 

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

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

8 PURCHASES. 

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

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

11 term ‘qualified automotive battery’ means a battery 

12 that— 

13 ‘‘(A) has at least 4 kilowatt hours of bat14 tery capacity; and 

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

17 for nonautomotive applications. 

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

20 ‘‘(A) an original equipment manufacturer; 

21 ‘‘(B) an electric utility; 

22 ‘‘(C) any provider of range extension infra23 structure; or 

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

26 ‘‘(b) LOAN GUARANTEES.— 


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

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

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

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

10 funds guaranteed under this section shall comply 

11 with the provisions of the Buy American Act (41 

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

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

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

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

16 is authorized to be appropriated to carry out this section 

17 $50,000,000.’’. 

18 SEC. 303. PROHIBITION ON DISPOSING OF ADVANCED BAT19 TERIES IN LANDFILLS. 

20 An advanced battery from a plug-in electric drive ve21 hicle shall be disposed of in accordance with the Mercury22 Containing and Rechargeable Battery Management Act 

23 (42 U.S.C. 14301 et seq.). 


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

2 ADVISORY COMMITTEE. 

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

4 Electric Drive Vehicle Technical Advisory Committee to 

5 advise the Secretary on the programs and activities under 

6 this Act. 

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

8 be to advise the Secretary on technical matters, includ9 ing— 

10 (1) the priorities for research and development; 

11 (2) means of accelerating the deployment of 

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

13 vehicles for mass market adoption; 

14 (3) the development and deployment of charg15 ing infrastructure; 

16 (4) the development of uniform codes, stand17 ards, and safety protocols for plug-in electric drive 

18 vehicles and charging infrastructure; and 

19 (5) reporting on the competitiveness of the 

20 United States in plug-in electric drive vehicle and in21 frastructure research, manufacturing, and deploy22 ment. 

23 (c) MEMBERSHIP.— 

24 (1) MEMBERS.— 


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1 (A) IN GENERAL.—The Committee shall 

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

3 25, members. 

4 (B) REPRESENTATION.—The Secretary 

5 shall appoint the members to Committee from 

6 among representatives of— 

7 (i) domestic industry; 

8 (ii) institutions of higher education; 

9 (iii) professional societies; 

10 (iv) Federal, State, and local govern11 mental agencies (including the National 

12 Laboratories); and 

13 (v) financial, transportation, labor, en14 vironmental, or other appropriate organiza15 tions or individuals with direct experience 

16 in deploying and marketing plug-in electric 

17 drive vehicles, as the Secretary determines 

18 to be necessary. 

19 (2) TERMS.— 

20 (A) IN GENERAL.—The term of a Com21 mittee member shall not be longer than 3 years. 

22 (B) STAGGERED TERMS.—The Secretary 

23 may appoint members to the Committee for dif24 fering term lengths to ensure continuity in the 

25 functioning of the Committee. 


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1 (C) REAPPOINTMENTS.—A member of the 

2 Committee whose term is expiring may be re3 appointed. 

4 (3) CHAIRPERSON.—The Committee shall have 

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

6 members. 

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

8 recommendations to the Secretary on the implementation 

9 of programs and activities under this Act. 

10 (e) RESPONSE.— 

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

12 and may adopt any recommendation of the Com13 mittee under subsection (c). 

14 (2) BIENNIAL REPORT.— 

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

16 after the date of enactment of this Act and 

17 every 2 years thereafter, the Secretary shall 

18 submit to the appropriate committees of Con19 gress a report describing any new recommenda20 tions of the Committee. 

21 (B) CONTENTS.—The report shall in22 clude— 

23 (i) a description of the manner in 

24 which the Secretary has implemented or 


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1 plans to implement the recommendations 

2 of the Committee; or 

3 (ii) an explanation of the reason that 

4 a recommendation of the Committee has 

5 not been implemented. 

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

7 paragraph shall be submitted by the Secretary 

8 at the same time the President submits the 

9 budget proposal for the Department of Energy 

10 to Congress. 

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

12 annual meetings with the Hydrogen and Fuel Cell Tech13 nical Advisory Committee established by section 807 of the 

14 Energy Policy Act of 2005 (42 U.S.C. 16156) to help co15 ordinate the work and recommendations of the Commit16 tees. 

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

18 Committee the resources necessary to carry out this sec19 tion, as determined to be necessary by the Secretary. 

20 SEC. 305. PLUG-IN ELECTRIC DRIVE VEHICLE INTER21 AGENCY TASK FORCE. 

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

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

24 the Plug-in Electric Drive Vehicle Interagency Task 


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1 Force, to be chaired by the Secretary and which shall con2 sist of at least 1 representative from each of— 

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

4 (2) the Council on Environmental Quality; 

5 (3) the Department of Energy; 

6 (4) the Department of Transportation; 

7 (5) the Department of Defense; 

8 (6) the Department of Commerce (including the 

9 National Institute of Standards and Technology); 

10 (7) the Environmental Protection Agency; 

11 (8) the General Services Administration; and 

12 (9) any other Federal agencies that the Presi13 dent determines to be appropriate. 

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

15 be to ensure awareness, coordination, and integration of 

16 the activities of the Federal Government relating to plug17 in electric drive vehicles, including— 

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

19 development (including necessary components); 

20 (2) the development of widely accepted smart21 grid standards and protocols for charging infrastruc22 ture; 

23 (3) the relationship of plug-in electric drive ve24 hicle charging practices to electric utility regulation; 


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1 (4) the relationship of plug-in electric drive ve2 hicle deployment to system reliability and security; 

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

4 drive vehicles in the Federal, State, and local gov5 ernments and for private use; 

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

8 vehicles and charging infrastructure; and 

9 (7) the alignment of international plug-in elec10 tric drive vehicle standards. 

11 (c) ACTIVITIES.— 

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

13 the Task Force may— 

14 (A) organize workshops and conferences; 

15 (B) issue publications; and 

16 (C) create databases. 

17 (2) MANDATORY ACTIVITIES.—In carrying out 

18 this section, the Task Force shall— 

19 (A) foster the exchange of generic, non20 proprietary information and technology among 

21 industry, academia, and the Federal Govern22 ment; 

23 (B) integrate and disseminate technical 

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1 sult of the programs and activities under this 

2 Act; 

3 (C) support education about plug-in elec4 tric drive vehicles; 

5 (D) monitor, analyze, and report on the ef6 fects of plug-in electric drive vehicle deployment 

7 on the environment and public health, including 

8 air emissions from vehicles and electricity gen9 erating units; and 

10 (E) review and report on— 

11 (i) opportunities to use Federal pro12 grams (including laws, regulations, and 

13 guidelines) to promote the deployment of 

14 plug-in electric drive vehicles; and 

15 (ii) any barriers to the deployment of 

16 plug-in electric drive vehicles, including 

17 barriers that are attributable to Federal 

18 programs (including laws, regulations, and 

19 guidelines). 

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

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

22 (2) provide, on request of the Task Force, ap23 propriate assistance in carrying out this section, in 

24 accordance with applicable Federal laws (including 

25 regulations). 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting Electric Vehi3 cles Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

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

7 petroleum in the world, consuming 19,500,000 barrels 

8 per day of petroleum products during 2008; 

9 (2) high and volatile international oil prices rep10 resent a significant and ongoing threat to the eco11 nomic and national security of the United States; 

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

13 States relies for petroleum supplies or that signifi14 cantly affect the world petroleum market share neither 

15 the national interest nor the values of the United 

16 States; 

17 (4) the United States imports more than 50 per18 cent of the petroleum needs of the country each day; 

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

20 in petroleum trade amounted to more than 

21 $380,000,000,000, or nearly 60 percent of the total 

22 trade deficit; 

23 (6) the transportation sector of the United States 

accounts for over 2 24 ⁄3 of total national petroleum con25 sumption and is 94 percent reliant on petroleum; 


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1 (7) the electrification of the transportation sector 

2 represents a direct pathway to significant reduction 

3 in petroleum dependence, because passenger cars and 

4 light trucks account for more than 60 percent of the 

5 transportation petroleum demand and more than 40 

6 percent of total petroleum demand in the United 

7 States; 

8 (8) the electrification of the transportation sector 

9 promotes national energy security because the electric 

10 power sector uses a diverse range of domestic elec11 tricity generation sources; 

12 (9) electric drive vehicles, when running on elec13 tric power, produce no tailpipe emissions; 

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

15 drive vehicles would result in a petroleum savings of 

16 approximately 10,000,000 barrels per year compared 

17 to the annual petroleum consumption as of the date 

18 of enactment of this Act; 

19 (11) in 2030, the United States could feasibly de20 ploy more than 100,000,000 plug-in electric drive ve21 hicles, which would result in a petroleum savings of 

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

23 year and greenhouse gas reductions of over 

24 300,000,000 tons of carbon dioxide compared to the 


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1 annual petroleum consumption and greenhouse gas 

2 emissions as of the date of enactment of this Act; and 

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

4 electric drive vehicles that is focused on competitively 

5 selected deployment communities— 

6 (A) is a critical component of a comprehen7 sive effort to speed plug-in electric drive vehicle 

8 penetration rates; 

9 (B) will contribute to the larger national ef10 fort to deploy plug-in electric drive vehicles; 

11 (C) will inform best practices for the wide12 scale deployment of plug-in electric drive vehi13 cles; and 

14 (D) will substantially reduce the oil con15 sumption of the United States. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) AGENCY.—The term ‘‘agency’’ has the mean19 ing given the term ‘‘Executive agency’’ in section 105 

20 of title 5, United States Code. 

21 (2) CHARGING INFRASTRUCTURE.—The term 

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

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

24 recharging of plug-in electric drive vehicles, including 


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1 electrical panel upgrades, wiring, conduit, trenching, 

2 pedestals, and related equipment. 

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

4 the Plug-in Electric Drive Vehicle Technical Advisory 

5 Committee established by section 304. 

6 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de7 ployment community’’ means a community selected 

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

9 electric drive vehicles deployment communities pro10 gram under section 106. 

11 (5) ELECTRIC UTILITY.—The term ‘‘electric util12 ity’’ has the meaning given the term in section 3 of 

13 the Public Utility Regulatory Policies Act of 1978 (16 

14 U.S.C. 2602). 

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

16 term ‘‘Federal-aid system of highways’’ means a high17 way system described in section 103 of title 23, 

18 United States Code. 

19 (7) PLUG-IN ELECTRIC DRIVE VEHICLE.— 

20 (A) IN GENERAL.—The term ‘‘plug-in elec21 tric drive vehicle’’ has the meaning given the 

22 term in section 131(a)(5) of the Energy Inde23 pendence and Security Act of 2007 (42 U.S.C. 

24 17011(a)(5)). 


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1 (B) INCLUSIONS.—The term ‘‘plug-in elec2 tric drive vehicle’’ includes— 

3 (i) low speed plug-in electric drive ve4 hicles that meet the Federal Motor Vehicle 

5 Safety Standards described in section 

6 571.500 of title 49, Code of Federal Regula7 tions (or successor regulations); and 

8 (ii) any other electric drive motor vehi9 cle that can be recharged from an external 

10 source of motive power and that is author11 ized to travel on the Federal-aid system of 

12 highways. 

13 (8) PRIZE.—The term ‘‘Prize’’ means the Ad14 vanced Batteries for Tomorrow Prize established by 

15 section 202. 

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

17 the Secretary of Energy. 

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

19 means the Plug-in Electric Drive Vehicle Interagency 

20 Task Force established by section 305. 


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1 TITLE I—NATIONAL PLUG-IN 

2 ELECTRIC DRIVE VEHICLE 

3 DEPLOYMENT PROGRAM. 

4 SEC. 101. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DE5 PLOYMENT PROGRAM. 

6 (a) IN GENERAL.—There is established within the De7 partment of Energy a national plug-in electric drive vehicle 

8 deployment program for the purpose of assisting in the de9 ployment of plug-in electric drive vehicles. 

10 (b) GOALS.—The goals of the national program de11 scribed in subsection (a) include— 

12 (1) the reduction and displacement of petroleum 

13 use by accelerating the deployment of plug-in electric 

14 drive vehicles in the United States; 

15 (2) the reduction of greenhouse gas emissions by 

16 accelerating the deployment of plug-in electric drive 

17 vehicles in the United States; 

18 (3) the facilitation of the rapid deployment of 

19 plug-in electric drive vehicles; 

20 (4) the achievement of significant market pene21 trations by plug-in electric drive vehicles nationally; 

22 (5) the establishment of models for the rapid de23 ployment of plug-in electric drive vehicles nationally, 

24 including models for the deployment of residential, 


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1 private, and publicly available charging infrastruc2 ture; 

3 (6) the increase of consumer knowledge and ac4 ceptance of plug-in electric drive vehicles; 

5 (7) the encouragement of the innovation and in6 vestment necessary to achieve mass market deploy7 ment of plug-in electric drive vehicles; 

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

9 electric drive vehicles into electricity distribution sys10 tems and the larger electric grid while maintaining 

11 grid system performance and reliability; 

12 (9) the provision of technical assistance to com13 munities across the United States to prepare for plug14 in electric drive vehicles; and 

15 (10) the support of workforce training across the 

16 United States relating to plug-in electric drive vehi17 cles. 

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

19 shall— 

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

21 and tribal governments that want to create deploy22 ment programs for plug-in electric drive vehicles in 

23 the communities over which the governments have ju24 risdiction; 


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1 (2) perform national assessments of the potential 

2 deployment of plug-in electric drive vehicles under 

3 section 102; 

4 (3) synthesize and disseminate data from the de5 ployment of plug-in electric drive vehicles; 

6 (4) develop best practices for the successful de7 ployment of plug-in electric drive vehicles; 

8 (5) carry out workforce training under section 

9 104; 

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

11 vehicle deployment communities program under sec12 tion 106; and 

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

14 recommendations to Congress and the President on 

15 methods to reduce the barriers to plug-in electric drive 

16 vehicle deployment. 

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

18 of enactment of this Act and biennially thereafter, the Sec19 retary shall submit to the appropriate committees of Con20 gress a report on the progress made in implementing the 

21 national program described in subsection (a) that in22 cludes— 

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

24 (A) the technical assistance program under 

25 section 103; and 


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1 (B) the workforce training program under 

2 section 104; and 

3 (2) any updated recommendations of the Sec4 retary for changes in Federal programs to promote 

5 the purposes of this title. 

6 (e) NATIONAL INFORMATION CLEARINGHOUSE.—The 

7 Secretary shall make available to the public, in a timely 

8 manner, information regarding— 

9 (1) the cost, performance, usage data, and tech10 nical data regarding plug-in electric drive vehicles 

11 and associated infrastructure, including information 

12 from the deployment communities established under 

13 section 106; and 

14 (2) any other educational information that the 

15 Secretary determines to be appropriate. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—For the pe17 riod of fiscal years 2011 through 2016, there are authorized 

18 to be appropriated $100,000,000 to carry out sections 101 

19 through 103. 

20 SEC. 102. NATIONAL ASSESSMENT AND PLAN. 

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

22 date of enactment of this Act, the Secretary shall carry out 

23 a national assessment and develop a national plan for plug24 in electric drive vehicle deployment that includes— 


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1 (1) an assessment of the maximum feasible de2 ployment of plug-in electric drive vehicles by 2020 

3 and 2030; 

4 (2) the establishment of national goals for mar5 ket penetration of plug-in electric drive vehicles by 

6 2020 and 2030; 

7 (3) a plan for integrating the successes and bar8 riers to deployment identified by the deployment com9 munities program established under section 106 to 

10 prepare communities across the Nation for the rapid 

11 deployment of plug-in electric drive vehicles; 

12 (4) a plan for providing technical assistance to 

13 communities across the United States to prepare for 

14 plug-in electric drive vehicle deployment; 

15 (5) a plan for quantifying the reduction in pe16 troleum consumption and the net impact on green17 house gas emissions due to the deployment of plug-in 

18 electric drive vehicles; and 

19 (6) in consultation with the Task Force, any rec20 ommendations to the President and to Congress for 

21 changes in Federal programs (including laws, regula22 tions, and guidelines)— 

23 (A) to better promote the deployment of 

24 plug-in electric drive vehicles; and 


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1 (B) to reduce barriers to the deployment of 

2 plug-in electric drive vehicles. 

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

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

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

6 Secretary shall use market data and information from the 

7 targeted plug-in electric drive vehicle deployment commu8 nities program established under section 106 and other rel9 evant data to update the plan to reflect real world market 

10 conditions. 

11 SEC. 103. TECHNICAL ASSISTANCE. 

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

13 TRIBAL GOVERNMENTS.— 

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

15 Secretary shall provide, at the request of the Gov16 ernor, Mayor, county executive, or the designee of 

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

18 and tribal governments to assist with the deployment 

19 of plug-in electric drive vehicles. 

20 (2) REQUIREMENTS.—The technical assistance 

21 described in paragraph (1) shall include— 

22 (A) training on codes and standards for 

23 building and safety inspectors; 

24 (B) training on best practices for expediting 

25 permits and inspections; 


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1 (C) education and outreach on frequently 

2 asked questions relating to the various types of 

3 plug-in electric drive vehicles and associated in4 frastructure, battery technology, and disposal; 

5 and 

6 (D) the dissemination of information re7 garding best practices for the deployment of 

8 plug-in electric drive vehicles. 

9 (3) PRIORITY.—In providing technical assistance 

10 under this subsection, the Secretary shall give priority 

11 to— 

12 (A) communities that have established pub13 lic and private partnerships, including partner14 ships comprised of— 

15 (i) elected and appointed officials from 

16 each of the participating State, local, and 

17 tribal governments; 

18 (ii) relevant generators and distribu19 tors of electricity; 

20 (iii) public utility commissions; 

21 (iv) departments of public works and 

22 transportation; 

23 (v) owners and operators of property 

24 that will be essential to the deployment of a 

25 sufficient level of publicly available chargVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 ing infrastructure (including privately 

2 owned parking lots or structures and com3 mercial entities with public access loca4 tions); 

5 (vi) plug-in electric drive vehicle man6 ufacturers or retailers; 

7 (vii) third-party providers of charging 

8 infrastructure or services; 

9 (viii) owners of any major fleet that 

10 will participate in the program; 

11 (ix) as appropriate, owners and opera12 tors of regional electric power distribution 

13 and transmission facilities; and 

14 (x) other existing community coalitions 

15 recognized by the Department of Energy; 

16 (B) communities that, as determined by the 

17 Secretary, have best demonstrated that the public 

18 is likely to embrace plug-in electric drive vehi19 cles, giving particular consideration to commu20 nities that— 

21 (i) have documented waiting lists to 

22 purchase plug-in electric drive vehicles; 

23 (ii) have developed projections of the 

24 quantity of plug-in electric drive vehicles 

25 supplied to dealers; and 


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1 (iii) have assessed the quantity of 

2 charging infrastructure installed or for 

3 which permits have been issued; 

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

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

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

10 (D) communities that have established regu11 latory and educational efforts to facilitate con12 sumer acceptance of plug-in electric drive vehi13 cles, including by— 

14 (i) adopting (or being in the process of 

15 adopting) streamlined permitting and in16 spections processes for residential charging 

17 infrastructure; and 

18 (ii) providing customer informational 

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

21 other websites. 

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

24 tribal governments creating plans to deploy plug-in 


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1 electric drive vehicles on best practices (including 

2 codes and standards) that uses data from— 

3 (A) the program established by section 106; 

4 (B) the activities carried out by the Task 

5 Force; and 

6 (C) existing academic and industry studies 

7 of the factors that contribute to the successful de8 ployment of new technologies, particularly stud9 ies relating to alternative fueled vehicles. 

10 (5) GRANTS.— 

11 (A) IN GENERAL.—The Secretary shall es12 tablish a program to provide grants to State, 

13 local, and tribal governments or to partnerships 

14 of government and private entities to assist the 

15 governments and partnerships— 

16 (i) in preparing a community deploy17 ment plan under section 106; and 

18 (ii) in preparing and implementing 

19 programs that support the deployment of 

20 plug-in electric drive vehicles. 

21 (B) APPLICATION.—A State, local, or tribal 

22 government that seeks to receive a grant under 

23 this paragraph shall submit to the Secretary an 

24 application for the grant at such time, in such 


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1 form, and containing such information as the 

2 Secretary may prescribe. 

3 (C) USE OF FUNDS.—A State, local, or trib4 al government receiving a grant under this para5 graph shall use the funds— 

6 (i) to develop a community deployment 

7 plan that shall be submitted to the next 

8 available competition under section 106; 

9 and 

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

12 vehicles including— 

13 (I) planning for and installing 

14 charging infrastructure, particularly to 

15 develop and demonstrate diverse and 

16 cost-effective planning, installation, 

17 and operations options for deployment 

18 of single family and multifamily resi19 dential, workplace, and publicly avail20 able charging infrastructure; 

21 (II) updating building, zoning, or 

22 parking codes and permitting or in23 spection processes; 

24 (III) workforce training, includ25 ing the training of permitting officials; 


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1 (IV) public education described in 

2 the proposed marketing plan; 

3 (V) shifting State, local, or tribal 

4 government fleets to plug-in electric 

5 drive vehicles, at a rate in excess of the 

6 existing alternative fueled fleet vehicles 

7 acquisition requirements for Federal 

8 fleets under section 303(b)(1)(D) of the 

9 Energy Policy Act of 1992 (42 U.S.C. 

10 13212(b)(1)(D)); and 

11 (VI) any other activities, as deter12 mined to be necessary by the Secretary. 

13 (D) CRITERIA.—The Secretary shall develop 

14 and publish criteria for the selection of technical 

15 assistance grants, including requirements for the 

16 submission of applications under this paragraph. 

17 (E) AUTHORIZATION OF APPROPRIA18 TIONS.—There are authorized to be appropriated 

19 such sums as are necessary to carry out this 

20 paragraph. 

21 (b) UPDATING MODEL BUILDING CODES, PERMITTING

22 AND INSPECTION PROCESSES, AND ZONING OR PARKING

23 RULES.— 

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

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


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1 consultation with the American Society of Heating, 

2 Refrigerating and Air-Conditioning Engineers, the 

3 International Code Council, and any other organiza4 tions that the Secretary determines to be appropriate, 

5 shall develop and publish guidance for— 

6 (A) model building codes for the inclusion of 

7 separate circuits for charging infrastructure, as 

8 appropriate, in new construction and major ren9 ovations of private residences, buildings, or other 

10 structures that could provide publicly available 

11 charging infrastructure; 

12 (B) model construction permitting or in13 spection processes that allow for the expedited in14 stallation of charging infrastructure for pur15 chasers of plug-in electric drive vehicles (includ16 ing a permitting process that allows a vehicle 

17 purchaser to have charging infrastructure in18 stalled not later than 1 week after a request); 

19 and 

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

21 local ordinances that— 

22 (i) facilitate the installation of pub23 licly available charging infrastructure, in24 cluding commercial entities that provide 

25 public access to infrastructure; and 


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1 (ii) allow for access to publicly avail2 able charging infrastructure. 

3 (2) OPTIONAL ADOPTION.—An applicant for se4 lection for technical assistance under this section or 

5 as a deployment community under section 106 shall 

6 not be required to use the model building codes, per7 mitting and inspection processes, or zoning, parking 

8 rules, or other ordinances included in the report 

9 under paragraph (1). 

10 (3) SMART GRID INTEGRATION.—In developing 

11 the model codes or ordinances described in paragraph 

12 (1), the Secretary shall consider smart grid integra13 tion. 

14 SEC. 104. WORKFORCE TRAINING. 

15 (a) MAINTENANCE AND SUPPORT.— 

16 (1) IN GENERAL.—The Secretary, in consultation 

17 with the Committee and the Task Force, shall award 

18 grants to institutions of higher education and other 

19 qualified training and education institutions for the 

20 establishment of programs to provide training and 

21 education for vocational workforce development 

22 through centers of excellence. 

23 (2) PURPOSE.—Training funded under this sub24 section shall be intended to ensure that the workforce 

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1 tain plug-in electric drive vehicles and the infrastruc2 ture required to support plug-in electric drive vehi3 cles. 

4 (3) SCOPE.—Training funded under this sub5 section shall include training for— 

6 (A) first responders; 

7 (B) electricians and contractors who will be 

8 installing infrastructure; 

9 (C) engineers; 

10 (D) code inspection officials; and 

11 (E) dealers and mechanics. 

12 (b) DESIGN.—The Secretary shall award grants to in13 stitutions of higher education and other qualified training 

14 and education institutions for the establishment of pro15 grams to provide training and education in designing plug16 in electric drive vehicles and associated components and in17 frastructure to ensure that the United States can lead the 

18 world in this field. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

21 this section. 

22 SEC. 105. FEDERAL FLEETS. 

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

24 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 3 

9 years thereafter, the Federal Energy Management Program 

10 and the General Services Administration, in consultation 

11 with the Task Force, shall complete an assessment of Fed12 eral Government fleets, including the Postal Service and the 

13 Department of Defense, and submit a report to Congress 

14 that describes— 

15 (1) for each Federal agency, which types of vehi16 cles the agency uses that would or would not be suit17 able for near-term and medium-term conversion to 

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

19 types of vehicles for which plug-in electric drive vehi20 cles 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 Government 

4 for vehicle purchases under paragraph (2); and 

5 (4) a description of any updates to the assess6 ment based on new market data. 

7 (c) INVENTORY AND DATA COLLECTION.— 

8 (1) IN GENERAL.—In carrying out the assess9 ment and report under subsection (b), the Federal 

10 Energy Management Program, in consultation with 

11 the General Services Administration, shall— 

12 (A) develop an information request for each 

13 agency that operates a fleet of at least 20 motor 

14 vehicles; and 

15 (B) establish guidelines for each agency to 

16 use in developing a plan to deploy plug-in elec17 tric drive vehicles. 

18 (2) AGENCY RESPONSES.—Each agency that op19 erates a fleet of at least 20 motor vehicles shall— 

20 (A) collect information on the vehicle fleet of 

21 the agency in response to the information request 

22 described in paragraph (1); and 

23 (B) develop a plan to deploy plug-in electric 

24 drive vehicles. 


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1 (3) ANALYSIS OF RESPONSES.—The Federal En2 ergy 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 Act; and 

9 (C) submit a plan to Congress and the Gen10 eral Services Administration to be used in devel11 oping the pilot program described in subsection 

12 (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 General 

22 Services shall acquire plug-in electric drive vehicles 

23 and the requisite charging infrastructure to be de24 ployed in a range of locations in Federal Government 

25 fleets, which may include the United States Postal 


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1 Service and the Department of Defense, during the 5- 

2 year period beginning on the date of enactment of this 

3 Act. 

4 (2) DATA COLLECTION.—The Administrator of 

5 General Services shall collect data regarding— 

6 (A) the cost, performance, and use of plug7 in electric drive vehicles in the Federal fleet; 

8 (B) the deployment and integration of plug9 in electric drive vehicles in the Federal fleet; and 

10 (C) the contribution of plug-in electric drive 

11 vehicles in the Federal fleet toward reducing the 

12 use of fossil fuels and greenhouse gas emissions. 

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

14 date of enactment of this Act, the Administrator of 

15 General Services shall submit to the appropriate com16 mittees of Congress a report that— 

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

18 drive vehicles in the Federal fleet; and 

19 (B) includes an analysis of the data col20 lected under this subsection. 

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

22 Management Program shall maintain and regularly 

23 update a publicly available Web site that provides in24 formation on the status of plug-in electric drive vehi25 cles in the Federal fleet. 


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1 (f) ACQUISITION PRIORITY.—Section 507(g) of the En2 ergy Policy Act of 1992 (42 U.S.C. 13257(g)) is amended 

3 by adding at the end the following: 

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

5 maximum extent practicable, prioritize the acquisi6 tion of plug-in electric drive vehicles (as defined in 

7 section 131(a) of the Energy Independence and Secu8 rity Act of 2007 (42 U.S.C. 17011(a)) over nonelectric 

9 alternative fueled vehicles.’’. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated for the Federal Government 

12 to pay for incremental costs to purchase or lease plug-in 

13 electric drive vehicles and the requisite charging infrastruc14 ture for Federal fleets $25,000,000. 

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

16 DEPLOYMENT COMMUNITIES PROGRAM. 

17 (a) ESTABLISHMENT.— 

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

19 the national plug-in electric drive deployment pro20 gram established under section 101 a targeted plug21 in electric drive vehicle deployment communities pro22 gram (referred to in this section as the ‘‘Program’’). 

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

24 Program, the Secretary shall coordinate and supple25 ment, not supplant, any ongoing plug-in electric 


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1 drive deployment activities under section 131 of the 

2 Energy Independence and Security Act of 2007 (42 

3 U.S.C. 17011). 

4 (3) PHASE 1.— 

5 (A) IN GENERAL.—The Secretary shall es6 tablish a competitive process to select phase 1 de7 ployment communities for the Program. 

8 (B) ELIGIBLE ENTITIES.—In selecting par9 ticipants for the Program under paragraph (1), 

10 the Secretary shall only consider applications 

11 submitted by State, tribal, or local government 

12 entities (or groups of State, tribal, or local gov13 ernment entities). 

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

15 after the date of enactment of this Act and not 

16 later than 1 year after the date on which any 

17 subsequent amounts are appropriated for the 

18 Program, the Secretary shall select the phase 1 

19 deployment communities under this paragraph. 

20 (D) TERMINATION.—Phase 1 of the Pro21 gram shall be carried out for a 3-year period be22 ginning on the date funding under this Act is 

23 first provided to the deployment community. 

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

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1 mit to Congress a report that analyzes the lessons 

2 learned in phase I and, if, based on the phase I anal3 ysis, the Secretary determines that a phase II pro4 gram is warranted, makes recommendations and de5 scribes a plan for phase II, including— 

6 (A) recommendations regarding— 

7 (i) options for the number of addi8 tional deployment communities that should 

9 be selected; 

10 (ii) the manner in which criteria for 

11 selection should be updated; 

12 (iii) the manner in which incentive 

13 structures for phase 2 deployment should be 

14 changed; and 

15 (iv) whether other forms of onboard en16 ergy storage for electric drive vehicles, such 

17 as fuel cells, should be included in phase 2; 

18 and 

19 (B) a request for appropriations to imple20 ment phase 2 of the Program. 

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

22 (1) to facilitate the rapid deployment of plug-in 

23 electric drive vehicles, including— 


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1 (A) the deployment of 400,000 plug-in elec2 tric drive vehicles in phase 1 in the deployment 

3 communities selected under paragraph (2); 

4 (B) the near-term achievement of significant 

5 market penetration in deployment communities; 

6 and 

7 (C) supporting the achievement of signifi8 cant market penetration nationally; 

9 (2) to establish models for the rapid deployment 

10 of plug-in electric drive vehicles nationally, including 

11 for the deployment of single-family and multifamily 

12 residential, workplace, and publicly available charg13 ing infrastructure; 

14 (3) to increase consumer knowledge and accept15 ance of, and exposure to, plug-in electric drive vehi16 cles; 

17 (4) to encourage the innovation and investment 

18 necessary to achieve mass market deployment of plug19 in electric drive vehicles; 

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

21 electric drive vehicles into electricity distribution sys22 tems and the larger electric grid while maintaining 

23 or improving grid system performance and reli24 ability; 


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1 (6) to demonstrate protocols and communication 

2 standards that facilitate vehicle integration into the 

3 grid and provide seamless charging for consumers 

4 traveling through multiple utility distribution sys5 tems; 

6 (7) to investigate differences among deployment 

7 communities and to develop best practices for imple8 menting vehicle electrification in various commu9 nities, including best practices for planning for and 

10 facilitating the construction of residential, workplace, 

11 and publicly available infrastructure to support plug12 in electric drive vehicles; 

13 (8) to collect comprehensive data on the purchase 

14 and use of plug-in electric drive vehicles, including 

15 charging profile data at unit and aggregate levels, to 

16 inform best practices for rapidly deploying plug-in 

17 electric drive vehicles in other locations, including for 

18 the installation of charging infrastructure; 

19 (9) to reduce and displace petroleum use and re20 duce greenhouse gas emissions by accelerating the de21 ployment of plug-in electric drive vehicles in the 

22 United States; and 

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1 tablish the United States as a world leader in plug2 in electric drive vehicle technologies. 

3 (c) PHASE 1 DEPLOYMENT COMMUNITY SELECTION

4 CRITERIA.— 

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

6 the maximum extent practicable, that selected deploy7 ment communities in phase 1 serve as models of de8 ployment for various communities across the United 

9 States. 

10 (2) SELECTION.—In selecting communities under 

11 this section, the Secretary— 

12 (A) shall ensure, to the maximum extent 

13 practicable, that— 

14 (i) the combination of selected commu15 nities is diverse in population density, de16 mographics, urban and suburban composi17 tion, typical commuting patterns, climate, 

18 and type of utility (including investor19 owned, publicly-owned, cooperatively-owned, 

20 distribution-only, and vertically integrated 

21 utilities); 

22 (ii) the combination of selected commu23 nities is diverse in geographic distribution, 

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1 cated in each Petroleum Administration for 

2 Defense District; 

3 (iii) at least 1 community selected has 

4 a population of less than 125,000; 

5 (iv) grants are of a sufficient amount 

6 such that each deployment community will 

7 achieve significant market penetration; and 

8 (v) the deployment communities are 

9 representative of other communities across 

10 the United States; 

11 (B) is encouraged to select a combination of 

12 deployment communities that includes multiple 

13 models or approaches for deploying plug-in elec14 tric drive vehicles that the Secretary believes are 

15 reasonably likely to be effective, including mul16 tiple approaches to the deployment of charging 

17 infrastructure; 

18 (C) in addition to the criteria described in 

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

21 and 

22 (D) when considering deployment commu23 nity plans, shall take into account previous De24 partment of Energy and other Federal investVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 ments to ensure that the maximum domestic ben2 efit from Federal investments is realized. 

3 (3) CRITERIA.— 

4 (A) IN GENERAL.—Not later than 120 days 

5 after the date of enactment of this Act, and not 

6 later than 90 days after the date on which any 

7 subsequent amounts are appropriated for the 

8 Program, the Secretary shall publish criteria for 

9 the selection of deployment communities that in10 clude requirements that applications be sub11 mitted by a State, tribal, or local government en12 tity (or groups of State, tribal, or local govern13 ment entities). 

14 (B) APPLICATION REQUIREMENTS.—The 

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

18 (i) goals for— 

19 (I) the number of plug-in electric 

20 drive vehicles to be deployed in the 

21 community; 

22 (II) the expected percentage of 

23 light-duty vehicle sales that would be 

24 sales of plug-in electric drive vehicles; 

25 and 


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

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

6 (ii) data that demonstrate that— 

7 (I) the public is likely to embrace 

8 plug-in electric drive vehicles, which 

9 may include— 

10 (aa) the quantity of plug-in 

11 electric drive vehicles purchased; 

12 (bb) the number of individ13 uals on a waiting list to purchase 

14 a plug-in electric drive vehicle; 

15 (cc) projections of the quan16 tity of plug-in electric drive vehi17 cles supplied to dealers; and 

18 (dd) any assessment of the 

19 quantity of charging infrastruc20 ture installed or for which permits 

21 have been issued; and 

22 (II) automobile manufacturers 

23 and dealers will be able to provide and 

24 service the targeted number of plug-in 


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1 electric drive vehicles in the commu2 nity for the duration of the program; 

3 (iii) clearly defined geographic bound4 aries of the proposed deployment area; 

5 (iv) a community deployment plan for 

6 the deployment of plug-in electric drive ve7 hicles, charging infrastructure, and services 

8 in the deployment community; 

9 (v) assurances that a majority of the 

10 vehicle deployments anticipated in the plan 

11 will be personal vehicles authorized to travel 

12 on the United States Federal-aid system of 

13 highways, and secondarily, private or pub14 lic sector plug-in electric drive fleet vehicles, 

15 but may also include— 

16 (I) medium- and heavy-duty 

17 plug-in hybrid vehicles; 

18 (II) low speed plug-in electric 

19 drive vehicles that meet Federal Motor 

20 Vehicle Safety Standards described in 

21 section 571.500 of title 49, Code of 

22 Federal Regulations; and 

23 (III) any other plug-in electric 

24 drive vehicle authorized to travel on 


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1 the United States Federal-aid system 

2 of highways; and 

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

4 determined by the Secretary. 

5 (4) COMMUNITY DEPLOYMENT PLANS.—Plans for 

6 the deployment of plug-in electric drive vehicles shall 

7 include— 

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

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

12 including— 

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

15 (I) elected and appointed officials 

16 from each of the participating State, 

17 local, and tribal governments; 

18 (II) all relevant generators and 

19 distributors of electricity; 

20 (III) State utility regulatory au21 thorities; 

22 (IV) departments of public works 

23 and transportation; 

24 (V) owners and operators of prop25 erty that will be essential to the deVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 ployment of a sufficient level of pub2 licly available charging infrastructure 

3 (including privately owned parking 

4 lots or structures and commercial enti5 ties with public access locations); 

6 (VI) plug-in electric drive vehicle 

7 manufacturers or retailers; 

8 (VII) third-party providers of res9 idential, workplace, private, and pub10 licly available charging infrastructure 

11 or services; 

12 (VIII) owners of any major fleet 

13 that will participate in the program; 

14 (IX) as appropriate, owners and 

15 operators of regional electric power dis16 tribution and transmission facilities; 

17 and 

18 (X) as appropriate, other existing 

19 community coalitions recognized by the 

20 Department of Energy; 

21 (ii) evidence of the commitment of the 

22 stakeholders to participate in the partner23 ship; 

24 (iii) a clear description of the role and 

25 responsibilities of each stakeholder; and 


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

3 as appropriate, throughout the implementa4 tion of the deployment plan; 

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

6 electric drive vehicles anticipated to be plug-in 

7 electric drive personal vehicles and the number of 

8 plug-in electric drive vehicles anticipated to be 

9 privately owned fleet or public fleet vehicles; 

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

12 infrastructure, including— 

13 (i) an assessment of the number of con14 sumers who will have access to private resi15 dential charging infrastructure in single16 family or multifamily residences; 

17 (ii) options for accommodating plug-in 

18 electric drive vehicle owners who are not 

19 able to charge vehicles at their place of resi20 dence; 

21 (iii) an assessment of the number of 

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

24 (iv) a plan for ensuring that the charg25 ing infrastructure or plug-in electric drive 


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1 vehicle be able to send and receive the infor2 mation needed to interact with the grid and 

3 be compatible with smart grid technologies 

4 to the extent feasible; 

5 (v) an estimate of the number and dis6 persion of publicly and privately owned 

7 charging stations that will be publicly or 

8 commercially available; 

9 (vi) an estimate of the quantity of 

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

13 (vii) a description of equipment to be 

14 deployed, including assurances that, to the 

15 maximum extent practicable, equipment to 

16 be deployed will meet open, nonproprietary 

17 standards for connecting to plug-in electric 

18 drive vehicles that are either— 

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

21 acquired; or 

22 (II) meet the standards developed 

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

25 under section 1305 of the Energy IndeVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 pendence and Security Act of 2007 (42 

2 U.S.C. 17385); 

3 (E) a plan for effective marketing of and 

4 consumer education relating to plug-in electric 

5 drive vehicles, charging services, and infrastruc6 ture; 

7 (F) descriptions of updated building codes 

8 (or a plan to update building codes before or 

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

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

13 (G) descriptions of updated construction 

14 permitting or inspection processes (or a plan to 

15 update construction permitting or inspection 

16 processes) to allow for expedited installation of 

17 charging infrastructure for purchasers of plug-in 

18 electric drive vehicles, including a permitting 

19 process that allows a vehicle purchaser to have 

20 charging infrastructure installed in a timely 

21 manner; 

22 (H) descriptions of updated zoning, parking 

23 rules, or other local ordinances as are necessary 

24 to facilitate the installation of publicly available 

25 charging infrastructure and to allow for access to 


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1 publicly available charging infrastructure, as 

2 appropriate; 

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

4 a deployment community who purchases and 

5 registers a new plug-in electric drive vehicle 

6 throughout the duration of the deployment com7 munity receives, in addition to any Federal in8 centives, consumer benefits that may include— 

9 (i) a rebate of part of the purchase 

10 price of the vehicle; 

11 (ii) reductions in sales taxes or reg12 istration fees; 

13 (iii) rebates or reductions in the costs 

14 of permitting, purchasing, or installing 

15 home plug-in electric drive vehicle charging 

16 infrastructure; and 

17 (iv) rebates or reductions in State or 

18 local toll road access charges; 

19 (J) additional consumer benefits, such as 

20 preferred parking spaces or single-rider access to 

21 high-occupancy vehicle lanes for plug-in electric 

22 drive vehicles; 

23 (K) a proposed plan for making necessary 

24 utility and grid upgrades, including economi25 cally sound and cybersecure information techVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 nology upgrades and employee training, and a 

2 plan for recovering the cost of the upgrades; 

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

4 or third-party charging service provider, policies 

5 and plans for accommodating the deployment of 

6 plug-in electric drive vehicles, including— 

7 (i) rate structures or provisions and 

8 billing protocols for the charging of plug-in 

9 electric drive vehicles; 

10 (ii) analysis of potential impacts to the 

11 grid; 

12 (iii) plans for using information tech13 nology or third-party aggregators— 

14 (I) to minimize the effects of 

15 charging on peak loads; 

16 (II) to enhance reliability; and 

17 (III) to provide other grid bene18 fits; 

19 (iv) plans for working with smart grid 

20 technologies or third-party aggregators for 

21 the purposes of smart charging and for al22 lowing 2-way communication; 

23 (M) a deployment timeline; 

24 (N) a plan for monitoring and evaluating 

25 the implementation of the plan, including 


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1 metrics for assessing the success of the deploy2 ment and an approach to updating the plan, as 

3 appropriate; and 

4 (O) a description of the manner in which 

5 any grant funds applied for under subsection (d) 

6 will be used and the proposed local cost share for 

7 the funds. 

8 (d) PHASE 1 APPLICATIONS AND GRANTS.— 

9 (1) APPLICATIONS.— 

10 (A) IN GENERAL.—Not later than 150 days 

11 after the date of publication by the Secretary of 

12 selection criteria described in subsection (c)(3), 

13 any State, tribal, or local government, or group 

14 of State, tribal, or local governments may apply 

15 to the Secretary to become a deployment commu16 nity. 

17 (B) JOINT SPONSORSHIP.— 

18 (i) IN GENERAL.—An application sub19 mitted under subparagraph (A) may be 

20 jointly sponsored by electric utilities, auto21 mobile manufacturers, technology providers, 

22 carsharing companies or organizations, 

23 third-party plug-in electric drive vehicle 

24 service providers, or other appropriated en25 tities. 


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1 (ii) DISBURSEMENT OF GRANTS.—A 

2 grant provided under this subsection shall 

3 only be disbursed to a State, tribal, or local 

4 government, or group of State, tribal, or 

5 local governments, regardless of whether the 

6 application is jointly sponsored under 

7 clause (i). 

8 (2) GRANTS.— 

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

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

12 projects in the deployment community. 

13 (B) USE OF FUNDS.—Funds provided 

14 through a grant under this paragraph may be 

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

17 in the application, including— 

18 (i) planning for and installing charg19 ing infrastructure, including offering addi20 tional incentives as described in subsection 

21 (c)(4)(I); 

22 (ii) updating building codes, zoning or 

23 parking rules, or permitting or inspection 

24 processes as described in subparagraphs (F), 

25 (G), and (H) of subsection (c)(4); 


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1 (iii) reducing the cost and increasing 

2 the consumer adoption of plug-in electric 

3 drive vehicles through incentives as de4 scribed in subsection (c)(4)(I); 

5 (iv) workforce training, including 

6 training of permitting officials; 

7 (v) public education and marketing de8 scribed in the proposed marketing plan; 

9 (vi) shifting State, tribal, or local gov10 ernment fleets to plug-in electric drive vehi11 cles, at a rate in excess of the existing alter12 native fueled fleet vehicle acquisition re13 quirements for Federal fleets under section 

14 303(b)(1)(D) of the Energy Policy Act of 

15 1992 (42 U.S.C. 13212(b)(1)(D)); and 

16 (vii) necessary utility and grid up17 grades as described in subsection (c)(4)(K). 

18 (C) COST-SHARING.— 

19 (i) IN GENERAL.—A grant provided 

20 under this paragraph shall be subject to a 

21 minimum non-Federal cost-sharing require22 ment of 20 percent. 

23 (ii) NON-FEDERAL SOURCES.—The 

24 Secretary shall— 


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1 (I) determine the appropriate cost 

2 share for each selected applicant; and 

3 (II) require that not less than 20 

4 percent of the cost of an activity fund5 ed by a grant under this paragraph be 

6 provided by a non-Federal source. 

7 (iii) REDUCTION.—The Secretary may 

8 reduce or eliminate the cost-sharing require9 ment described in clause (i), as the Sec10 retary determines to be necessary. 

11 (iv) CALCULATION OF AMOUNT.—In 

12 calculating the amount of the non-Federal 

13 share under this section, the Secretary— 

14 (I) may include allowable costs in 

15 accordance with the applicable cost 

16 principles, including— 

17 (aa) cash; 

18 (bb) personnel costs; 

19 (cc) the value of a service, 

20 other resource, or third party in21 kind contribution determined in 

22 accordance with the applicable 

23 circular of the Office of Manage24 ment and Budget; 


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

3 (ee) any funds received under 

4 the power program of the Ten5 nessee Valley Authority or any 

6 Power Marketing Administration 

7 (except to the extent that such 

8 funds are made available under 

9 an annual appropriation Act); 

10 (II) shall include contributions 

11 made by State, tribal, or local govern12 ment entities and private entities; and 

13 (III) shall not include— 

14 (aa) revenues or royalties 

15 from the prospective operation of 

16 an activity beyond the time con17 sidered in the grant; 

18 (bb) proceeds from the pro19 spective sale of an asset of an ac20 tivity; or 

21 (cc) other appropriated Fed22 eral funds. 

23 (v) REPAYMENT OF FEDERAL

24 SHARE.—The Secretary shall not require re25 payment of the Federal share of a costVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 shared activity under this section as a con2 dition of providing a grant. 

3 (vi) TITLE TO PROPERTY.—The Sec4 retary may vest title or other property in5 terests acquired under projects funded under 

6 this Act in any entity, including the United 

7 States. 

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

9 an application deadline has been established under 

10 paragraph (1), the Secretary shall announce the 

11 names of the deployment communities selected under 

12 this subsection. 

13 (e) REPORTING REQUIREMENTS.— 

14 (1) IN GENERAL.—The Secretary, in consultation 

15 with the Committee, shall— 

16 (A) determine what data will be required to 

17 be collected by participants in deployment com18 munities and submitted to the Department to 

19 allow for analysis of the deployment commu20 nities; 

21 (B) provide for the protection of consumer 

22 privacy, as appropriate; and 

23 (C) develop metrics to evaluate the perform24 ance of the deployment communities. 


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1 (2) PROVISION OF DATA.—As a condition of par2 ticipation in the Program, a deployment community 

3 shall provide any data identified by the Secretary 

4 under paragraph (1). 

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

6 date of enactment of this Act and again after the com7 pletion of the Program, the Secretary shall submit to 

8 Congress a report that contains— 

9 (A) a description of the status of— 

10 (i) the deployment communities and 

11 the implementation of the deployment plan 

12 of each deployment community; 

13 (ii) the rate of vehicle deployment and 

14 market penetration of plug-in electric drive 

15 vehicles; and 

16 (iii) the deployment of residential and 

17 publicly available infrastructure; 

18 (B) a description of the challenges experi19 enced and lessons learned from the program to 

20 date, including the activities described in sub21 paragraph (A); and 

22 (C) an analysis of the data collected under 

23 this subsection. 


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1 (f) PROPRIETARY INFORMATION.—The Secretary shall, 

2 as appropriate, provide for the protection of proprietary in3 formation 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) of 

8 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 TITLE II—RESEARCH AND 

16 DEVELOPMENT 

17 SEC. 201. RESEARCH AND DEVELOPMENT PROGRAM. 

18 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

19 (1) IN GENERAL.—The Secretary, in consultation 

20 with the Committee, shall establish a program to fund 

21 research and development in advanced batteries, plug22 in electric drive vehicle components, plug-in electric 

23 drive infrastructure, and other technologies sup24 porting the development, manufacture, and deployVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 ment of plug-in electric drive vehicles and charging 

2 infrastructure. 

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

4 funding for— 

5 (A) the development of low-cost, smart6 charging and vehicle-to-grid connectivity tech7 nology; 

8 (B) the benchmarking and assessment of 

9 open software systems using nationally estab10 lished evaluation criteria; and 

11 (C) new technologies in electricity storage or 

12 electric drive components for vehicles. 

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

14 date of enactment of this Act, the Secretary shall sub15 mit to Congress a report describing the status of the 

16 program described in paragraph (1). 

17 (b) SECONDARY USE APPLICATIONS PROGRAM.— 

18 (1) IN GENERAL.—The Secretary, in consultation 

19 with the Committee, shall carry out a research, devel20 opment, and demonstration program that builds upon 

21 any work carried out under section 915 of the Energy 

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

23 (A) identifies possible uses of a vehicle bat24 tery after the useful life of the battery in a vehi25 cle has been exhausted; 


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1 (B) assesses the potential for markets for 

2 uses described in subparagraph (A) to develop, as 

3 well as any barriers to the development of the 

4 markets; 

5 (C) identifies the infrastructure, technology, 

6 and equipment needed to manage the charging 

7 activity of the batteries used in stationary 

8 sources; and 

9 (D) identifies the potential uses of a vehicle 

10 battery— 

11 (i) with the most promise for market 

12 development; and 

13 (ii) for which market development 

14 would be aided by a demonstration project. 

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

16 date of enactment of this Act, the Secretary shall sub17 mit to the appropriate committees of Congress an ini18 tial report on the findings of the program described 

19 in paragraph (1), including recommendations for sta20 tionary energy storage and other potential applica21 tions for batteries used in plug-in electric drive vehi22 cles. 

23 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

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

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


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1 consultation with the Committee, shall develop guide2 lines for projects that demonstrate the secondary uses 

3 of vehicle batteries. 

4 (2) PUBLICATION OF GUIDELINES.—Not later 

5 than 30 months after the date of enactment of this 

6 Act, the Secretary shall— 

7 (A) publish the guidelines described in 

8 paragraph (1); and 

9 (B) solicit applications for funding for dem10 onstration projects. 

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

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

13 shall select proposals for grant funding under this sec14 tion, based on an assessment of which proposals are 

15 mostly likely to contribute to the development of a sec16 ondary market for batteries. 

17 (d) MATERIALS RECYCLING STUDY.— 

18 (1) IN GENERAL.—The Secretary, in consultation 

19 with the Committee, shall carry out a study on the 

20 recycling of materials from plug-in electric drive vehi21 cles and the batteries used in plug-in electric drive ve22 hicles. 

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

24 date of enactment of this Act, the Secretary shall sub25 mit to the appropriate committees of Congress a reVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 port on the findings of the study described in para2 graph (1). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $1,535,000,000, including— 

6 (1) $1,500,000,000 for use in conducting the pro7 gram described in subsection (a) for fiscal years 2011 

8 through 2020; 

9 (2) $5,000,000 for use in conducting the program 

10 described in subsection (b) for fiscal years 2011 

11 through 2016; 

12 (3) $25,000,000 for use in providing grants de13 scribed in subsection (c) for fiscal years 2011 through 

14 2020; and 

15 (4) $5,000,000 for use in conducting the study 

16 described in subsection (d) for fiscal years 2011 

17 through 2013. 

18 SEC. 202. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

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

20 of enactment of this Act, as part of the program described 

21 in section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 

22 16396), the Secretary shall establish the Advanced Batteries 

23 for Tomorrow Prize to competitively award cash prizes in 

24 accordance with this section to advance the research, develVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 opment, demonstration, and commercial application of a 

2 500-mile vehicle battery. 

3 (b) BATTERY SPECIFICATIONS.— 

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

5 battery submitted by an entrant shall be— 

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

7 vehicle authorized to travel on the United States 

8 Federal-aid system of highways for at least 500 

9 miles before recharging; 

10 (B) of a size that would not be cost-prohibi11 tive or create space constraints, if mass-pro12 duced; and 

13 (C) cost-effective (measured in cost per kilo14 watt hour), if mass-produced. 

15 (2) ADDITIONAL REQUIREMENTS.—The Sec16 retary, in consultation with the Committee, shall es17 tablish any additional battery specifications that the 

18 Secretary and the Committee determine to be nec19 essary. 

20 (c) PRIVATE FUNDS.— 

21 (1) IN GENERAL.—Subject to paragraph (2) and 

22 notwithstanding section 3302 of title 31, United 

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

24 use funds contributed by any person, government enVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 tity, or organization for purposes of carrying out this 

2 subsection— 

3 (A) without further appropriation; and 

4 (B) without fiscal year limitation. 

5 (2) RESTRICTION ON PARTICIPATION.—An entity 

6 providing private funds for the Prize may not par7 ticipate in the competition for the Prize. 

8 (d) TECHNICAL REVIEW.—The Secretary, in consulta9 tion with the Committee, shall establish a technical review 

10 committee composed of non-Federal officers to review data 

11 submitted by Prize entrants under this section and deter12 mine whether the data meets the prize specifications de13 scribed in subsection (b). 

14 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

15 may select, on a competitive basis, a third party to admin16 ister awards provided under this section. 

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

18 this section— 

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

20 shall be incorporated in and maintain a primary 

21 place of business in the United States; and 

22 (2) in the case of an individual (whether partici23 pating as a single individual or in a group), the in24 dividual shall be a citizen or lawful permanent resi25 dent of the United States. 


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1 (g) AWARD AMOUNTS.— 

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

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

4 Prize shall be $10,000,000. 

5 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

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

7 the Secretary, in consultation with the technical re8 view committee established under subsection (d), may 

9 award cash prizes, in amounts determined by the Sec10 retary, in recognition of breakthrough achievements 

11 in research, development, demonstration, and com12 mercial application of— 

13 (A) activities described in subsection (b); 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 known 

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

20 section as the ‘‘Fund’’), to be administered by the Sec21 retary, to be available without fiscal year limitation 

22 and subject to appropriation, to award amounts 

23 under this section. 

24 (2) TRANSFERS TO FUND.—The Fund shall con25 sist 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 re12 port on the operation of the Fund during the fis13 cal 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 Nat18 ural Resources of the Senate; and 

19 (iii) the Committee on Energy and 

20 Commerce of the House of Representatives. 

21 (B) CONTENTS.—Each report shall include, 

22 for the fiscal year covered by the report, the fol23 lowing: 

24 (i) A statement of the amounts depos25 ited into the Fund. 


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1 (ii) A description of the expenditures 

2 made from the Fund for the fiscal year, in3 cluding the purpose of the expenditures. 

4 (iii) Recommendations for additional 

5 authorities to fulfill the purpose of the 

6 Fund. 

7 (iv) A statement of the balance remain8 ing in the Fund at the end of the fiscal 

9 year. 

10 (5) SEPARATE APPROPRIATIONS ACCOUNT.—Sec11 tion 1105(a) of title 31, United States Code, is 

12 amended— 

13 (A) by redesignating paragraphs (35) and 

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

15 (B) by redesignating the second paragraph 

16 (33) (relating to obligational authority and out17 lays requested for homeland security) as para18 graph (35); and 

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

20 ‘‘(38) a separate statement for the 500-mile Bat21 tery Fund established under section 8(h) of the ‘Pro22 moting Electric Vehicles Act of 2010’, which shall in23 clude the estimated amount of deposits into the Fund, 

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


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated— 

3 (1) $10,000,000 to carry out subsection (g)(1); 

4 and 

5 (2) $1,000,000 to carry out subsection (g)(2). 

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

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

8 consultation with the Secretary and the Task Force, shall 

9 conduct a study that— 

10 (1) identifies the raw materials needed for the 

11 manufacture of plug-in electric drive vehicles, bat12 teries, and other components for plug-in electric drive 

13 vehicles, and for the infrastructure needed to support 

14 plug-in electric drive vehicles; 

15 (2) describes the primary or original sources and 

16 known reserves and resources of those raw materials; 

17 (3) assesses, in consultation with the National 

18 Academy of Sciences, the degree of risk to the manu19 facture, maintenance, deployment, and use of plug-in 

20 electric drive vehicles associated with the supply of 

21 those raw materials; and 

22 (4) identifies pathways to securing reliable and 

23 resilient supplies of those raw materials. 

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

25 of enactment of this Act, the Secretary of the Interior shall 


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1 submit to Congress a report that describes the results of the 

2 study. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this subsection 

5 $1,500,000. 

6 SEC. 204. STUDY ON THE COLLECTION AND PRESERVATION 

7 OF DATA COLLECTED FROM PLUG-IN ELEC8 TRIC DRIVE VEHICLES. 

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

10 date of enactment of this Act, the Secretary, in consultation 

11 with the Committee, shall enter into an agreement with the 

12 National Academy of Sciences under which the Academy 

13 shall conduct a study that— 

14 (1) identifies— 

15 (A) the data that may be collected from 

16 plug-in electric drive vehicles, including data on 

17 the location, charging patterns, and usage of 

18 plug-in electric drive vehicles; 

19 (B) the scientific, economic, commercial, se20 curity, and historic potential of the data de21 scribed in subparagraph (A); and 

22 (C) any laws or regulations that relate to 

23 the data described in subparagraph (A); and 

24 (2) analyzes and provides recommendations on 

25 matters that include procedures, technologies, and 


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1 rules relating to the collection, storage, and preserva2 tion of the data described in paragraph (1)(A). 

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

4 of an agreement between the Secretary and the Academy 

5 under subsection (a), the National Academy of Sciences 

6 shall submit to the appropriate committees of Congress a 

7 report that describes the results of the study under sub8 section (a). 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $1,000,000. 

12 TITLE III—MISCELLANEOUS 

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

14 DRIVE VEHICLES. 

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

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

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

18 adding at the end the following: 

19 ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE PLAN20 NING.— 

21 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELECTRIC

22 DRIVE VEHICLES.— 

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

24 years after the date of enactment of this 

25 paragraph, each electric utility shall deVerDate Mar 15 2010 02:35 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 E:\BILLS\S3495.RS S3495

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1 velop a plan to support the use of plug-in 

2 electric drive vehicles, including medium3 and heavy-duty hybrid electric vehicles in 

4 the service area of the electric utility. 

5 ‘‘(ii) REQUIREMENTS.—A plan under 

6 clause (i) shall investigate— 

7 ‘‘(I) various levels of potential 

8 penetration of plug-in electric drive ve9 hicles in the utility service area; 

10 ‘‘(II) the potential impacts that 

11 the various levels of penetration and 

12 charging scenarios (including charging 

13 rates and daily hours of charging) 

14 would have on generation, distribution 

15 infrastructure, and the operation of the 

16 transmission grid; and 

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

18 providing reliable and economical 

19 charging services. 

20 ‘‘(iii) WAIVER.— 

21 ‘‘(I) IN GENERAL.—An electric 

22 utility that determines that the electric 

23 utility will not be impacted by plug-in 

24 electric drive vehicles during the 5-year 

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1 ment of this paragraph may petition 

2 the Secretary to waive clause (i) for 5 

3 years. 

4 ‘‘(II) APPROVAL.—Approval of a 

5 waiver under subclause (I) shall be in 

6 the sole discretion of the Secretary. 

7 ‘‘(iv) UPDATES.— 

8 ‘‘(I) IN GENERAL.—Each electric 

9 utility shall update the plan of the 

10 electric utility every 5 years. 

11 ‘‘(II) RESUBMISSION OF WAIV12 ER.—An electric utility that received a 

13 waiver under clause (iii) and wants 

14 the waiver to continue after the expira15 tion of the waiver shall be required to 

16 resubmit the waiver. 

17 ‘‘(v) EXEMPTION.—If the Secretary de18 termines that a plan required by a State 

19 regulatory authority meets the requirements 

20 of this paragraph, the Secretary may accept 

21 that plan and exempt the electric utility 

22 submitting the plan from the requirements 

23 of clause (i). 

24 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

25 State regulatory authority (in the case of each 


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1 electric utility for which the authority has rate2 making authority) and each municipal and co3 operative utility shall— 

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

5 the deployment of recharging infrastructure 

6 in communities located in the footprint of 

7 the authority or utility; 

8 ‘‘(ii) require that charging infrastruc9 ture deployed is interoperable with products 

10 of all auto manufacturers to the maximum 

11 extent practicable; and 

12 ‘‘(iii) consider adopting minimum re13 quirements for deployment of electrical 

14 charging infrastructure and other appro15 priate requirements necessary to support the 

16 use of plug-in electric drive vehicles. 

17 ‘‘(C) COST RECOVERY.—Each State regu18 latory authority (in the case of each electric util19 ity for which the authority has ratemaking au20 thority) and each municipal and cooperative 

21 utility may consider whether, and to what ex22 tent, to allow cost recovery for plans and imple23 mentation of plans. 

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

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1 graph, each State regulatory authority (with re2 spect to each electric utility for which the author3 ity has ratemaking authority), and each munic4 ipal and cooperative electric utility, shall com5 plete the consideration, and shall make the deter6 mination, referred to in subsection (a) with re7 spect to the standard established by this para8 graph.’’; 

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

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

11 State’’ and inserting the following: 

12 ‘‘(1) IN GENERAL.—Each State’’; 

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

14 the case’’ and inserting the following: 

15 ‘‘(2) SPECIFIC STANDARDS.— 

16 ‘‘(A) NET METERING AND FOSSIL FUEL

17 GENERATION EFFICIENCY.—In the case’’; 

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

19 the case’’ and inserting the following: 

20 ‘‘(B) TIME-BASED METERING AND COMMU21 NICATIONS.—In the case’’; 

22 (D) in the fourth sentence— 

23 (i) by striking ‘‘In the case’’ and in24 serting the following: 

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


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

2 inserting ‘‘paragraph (15) of section 

3 111(d)’’; 

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

5 case’’ and inserting the following: 

6 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

7 RATE DESIGN MODIFICATIONS, SMART GRID IN8 VESTMENTS, SMART GRID INFORMATION.—In the 

9 case’’; and 

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

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

12 PLANNING.—In the case of the standards estab13 lished by paragraph (20) of section 111(d), the 

14 reference contained in this subsection to the date 

15 of enactment of this Act shall be deemed to be a 

16 reference to the date of enactment of that para17 graph.’’; and 

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

19 matter preceding paragraph (1), by striking ‘‘(19)’’ 

20 and inserting ‘‘(20)’’. 

21 (b) REPORT.— 

22 (1) IN GENERAL.—The Secretary, in consultation 

23 with the Technical Advisory Committee, shall convene 

24 a group of utility stakeholders, charging infrastruc25 ture providers, third party aggregators, and others, as 


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1 appropriate, to discuss and determine the potential 

2 models for the technically and logistically challenging 

3 issues involved in using electricity as a fuel for vehi4 cles, including— 

5 (A) accommodation for billing for charging 

6 a plug-in electric drive vehicle, both at home and 

7 at publicly available charging infrastructure; 

8 (B) plans for anticipating vehicle to grid 

9 applications that will allow batteries in cars as 

10 well as banks of batteries to be used for grid stor11 age, ancillary services provision, and backup 

12 power; 

13 (C) integration of plug-in electric drive ve14 hicles with smart grid, including protocols and 

15 standards, necessary equipment, and informa16 tion technology systems; and 

17 (D) any other barriers to installing suffi18 cient and appropriate charging infrastructure. 

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

20 date of enactment of this Act and biennially there21 after, the Secretary shall submit to the appropriate 

22 committees of Congress a report that includes— 

23 (A) the issues and model solutions described 

24 in paragraph (1); and 


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1 (B) any other issues that the Task Force 

2 and Secretary determine to be appropriate. 

3 SEC. 302. LOAN GUARANTEES. 

4 (a) LOAN GUARANTEES FOR ADVANCED BATTERY

5 PURCHASES FOR USE IN STATIONARY APPLICATIONS.— 

6 Subtitle B of title I of the Energy Independence and Secu7 rity Act of 2007 (42 U.S.C. 17011 et seq.) is amended by 

8 adding at the end the following: 

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

10 PURCHASES. 

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

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

13 term ‘qualified automotive battery’ means a battery 

14 that— 

15 ‘‘(A) has at least 4 kilowatt hours of battery 

16 capacity; and 

17 ‘‘(B) is designed for use in qualified plug18 in electric drive motor vehicles but is purchased 

19 for nonautomotive applications. 

20 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti21 ty’ means— 

22 ‘‘(A) an original equipment manufacturer; 

23 ‘‘(B) an electric utility; 

24 ‘‘(C) any provider of range extension infra25 structure; or 


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

3 ‘‘(b) LOAN GUARANTEES.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall guar5 antee loans made to eligible entities for the aggregate 

6 purchase of not less than 200 qualified automotive 

7 batteries in a calendar year that have a total min8 imum power rating of 1 megawatt and use advanced 

9 battery technology. 

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

11 a loan guarantee under this section, an entity pur12 chasing qualified automotive batteries with loan funds 

13 guaranteed under this section shall comply with the 

14 provisions of the Buy American Act (41 U.S.C. 10a 

15 et seq.). 

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

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

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $50,000,000.’’. 

21 (b) LOAN GUARANTEES FOR CHARGING INFRASTRUC22 TURE.—Section 1705(a) of the Energy Policy Act of 2005 

23 (42 U.S.C. 16516(a)) is amended by adding at the end the 

24 following: 


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1 ‘‘(4) Charging infrastructure and networks of 

2 charging infrastructure for plug-in drive electric vehi3 cles, if the charging infrastructure will be operational 

4 prior to December 31, 2016.’’. 

5 SEC. 303. PROHIBITION ON DISPOSING OF ADVANCED BAT6 TERIES IN LANDFILLS. 

7 (a) DEFINITION OF ADVANCED BATTERY.— 

8 (1) IN GENERAL.—In this section, the term ‘‘ad9 vanced battery’’ means a battery that is a secondary 

10 (rechargeable) electrochemical energy storage device 

11 that has enhanced energy capacity. 

12 (2) EXCLUSIONS.—The term ‘‘advanced battery’’ 

13 does not include— 

14 (A) a primary (nonrechargeable) battery; or 

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

16 or serve as the principal electrical power source 

17 for a plug-in electric drive vehicle. 

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

19 plug-in electric drive vehicle shall be disposed of in accord20 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

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

22 and Recovery Act of 1976’’). 


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

2 ADVISORY COMMITTEE. 

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

4 Electric Drive Vehicle Technical Advisory Committee to ad5 vise the Secretary on the programs and activities under this 

6 Act. 

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

8 to advise the Secretary on technical matters, including— 

9 (1) the priorities for research and development; 

10 (2) means of accelerating the deployment of safe, 

11 economical, and efficient plug-in electric drive vehi12 cles for mass market adoption; 

13 (3) the development and deployment of charging 

14 infrastructure; 

15 (4) the development of uniform codes, standards, 

16 and safety protocols for plug-in electric drive vehicles 

17 and charging infrastructure; and 

18 (5) reporting on the competitiveness of the 

19 United States in plug-in electric drive vehicle and in20 frastructure research, manufacturing, and deploy21 ment. 

22 (c) MEMBERSHIP.— 

23 (1) MEMBERS.— 

24 (A) IN GENERAL.—The Committee shall 

25 consist of not less than 12, but not more than 25, 

26 members. 


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1 (B) REPRESENTATION.—The Secretary shall 

2 appoint the members to Committee from among 

3 representatives of— 

4 (i) domestic industry; 

5 (ii) institutions of higher education; 

6 (iii) professional societies; 

7 (iv) Federal, State, and local govern8 mental agencies (including the National 

9 Laboratories); and 

10 (v) financial, transportation, labor, en11 vironmental, electric utility, or other appro12 priate organizations or individuals with di13 rect experience in deploying and marketing 

14 plug-in electric drive vehicles, as the Sec15 retary determines to be necessary. 

16 (2) TERMS.— 

17 (A) IN GENERAL.—The term of a Committee 

18 member shall not be longer than 3 years. 

19 (B) STAGGERED TERMS.—The Secretary 

20 may appoint members to the Committee for dif21 fering term lengths to ensure continuity in the 

22 functioning of the Committee. 

23 (C) REAPPOINTMENTS.—A member of the 

24 Committee whose term is expiring may be re25 appointed. 


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1 (3) CHAIRPERSON.—The Committee shall have a 

2 chairperson, who shall be elected by and from the 

3 members. 

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

5 recommendations to the Secretary on the implementation 

6 of programs and activities under this Act. 

7 (e) RESPONSE.— 

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

9 and may adopt any recommendation of the Com10 mittee under subsection (c). 

11 (2) BIENNIAL REPORT.— 

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

13 after the date of enactment of this Act and every 

14 2 years thereafter, the Secretary shall submit to 

15 the appropriate committees of Congress a report 

16 describing any new recommendations of the 

17 Committee. 

18 (B) CONTENTS.—The report shall include— 

19 (i) a description of the manner in 

20 which the Secretary has implemented or 

21 plans to implement the recommendations of 

22 the Committee; or 

23 (ii) an explanation of the reason that 

24 a recommendation of the Committee has not 

25 been implemented. 


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

2 paragraph shall be submitted by the Secretary at 

3 the same time the President submits the budget 

4 proposal for the Department of Energy to Con5 gress. 

6 (f) COORDINATION.—The Committee shall— 

7 (1) hold joint annual meetings with the Hydro8 gen and Fuel Cell Technical Advisory Committee es9 tablished by section 807 of the Energy Policy Act of 

10 2005 (42 U.S.C. 16156) to help coordinate the work 

11 and recommendations of the Committees; and 

12 (2) coordinate efforts, to the maximum extent 

13 practicable, with all existing independent, depart14 mental, and other advisory Committees, as deter15 mined to be appropriate by the Secretary. 

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

17 Committee the resources necessary to carry out this section, 

18 as determined to be necessary by the Secretary. 

19 SEC. 305. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY 

20 TASK FORCE. 

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

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

23 the Plug-in Electric Drive Vehicle Interagency Task Force, 

24 to be chaired by the Secretary and which shall consist of 

25 at least 1 representative from each of— 


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

2 (2) the Council on Environmental Quality; 

3 (3) the Department of Energy; 

4 (4) the Department of Transportation; 

5 (5) the Department of Defense; 

6 (6) the Department of Commerce (including the 

7 National Institute of Standards and Technology); 

8 (7) the Environmental Protection Agency; 

9 (8) the General Services Administration; and 

10 (9) any other Federal agencies that the President 

11 determines to be appropriate. 

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

13 to ensure awareness, coordination, and integration of the 

14 activities of the Federal Government relating to plug-in 

15 electric drive vehicles, including— 

16 (1) plug-in electric drive vehicle research and de17 velopment (including necessary components); 

18 (2) the development of widely accepted smart19 grid standards and protocols for charging infrastruc20 ture; 

21 (3) the relationship of plug-in electric drive vehi22 cle charging practices to electric utility regulation; 

23 (4) the relationship of plug-in electric drive vehi24 cle deployment to system reliability and security; 


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

2 drive vehicles in the Federal, State, and local govern3 ments and for private use; 

4 (6) the development of uniform codes, standards, 

5 and safety protocols for plug-in electric drive vehicles 

6 and charging infrastructure; and 

7 (7) the alignment of international plug-in elec8 tric drive vehicle standards. 

9 (c) ACTIVITIES.— 

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

11 the Task Force may— 

12 (A) organize workshops and conferences; 

13 (B) issue publications; and 

14 (C) create databases. 

15 (2) MANDATORY ACTIVITIES.—In carrying out 

16 this section, the Task Force shall— 

17 (A) foster the exchange of generic, non18 proprietary information and technology among 

19 industry, academia, and the Federal Govern20 ment; 

21 (B) integrate and disseminate technical and 

22 other information made available as a result of 

23 the programs and activities under this Act; 

24 (C) support education about plug-in electric 

25 drive vehicles; 


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1 (D) monitor, analyze, and report on the ef2 fects of plug-in electric drive vehicle deployment 

3 on the environment and public health, including 

4 air emissions from vehicles and electricity gener5 ating units; and 

6 (E) review and report on— 

7 (i) opportunities to use Federal pro8 grams (including laws, regulations, and 

9 guidelines) to promote the deployment of 

10 plug-in electric drive vehicles; and 

11 (ii) any barriers to the deployment of 

12 plug-in electric drive vehicles, including 

13 barriers that are attributable to Federal 

14 programs (including laws, regulations, and 

15 guidelines). 

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

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

18 (2) provide, on request of the Task Force, appro19 priate assistance in carrying out this section, in ac20 cordance with applicable Federal laws (including reg21 ulations). 


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Calendar No. 623 

111TH CONGRESS 

2D SESSION S. 3495 

[Report No. 111–336] 

A BILL 

To promote the deployment of plug-in electric drive 

vehicles, and for other purposes. 

SEPTEMBER 28, 2010 

Reported with an amendment 


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