II 

111TH CONGRESS 

2D SESSION S. 3442 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 27 (legislative day, MAY 26), 2010 

Mr. DORGAN (for himself, Mr. ALEXANDER, and Mr. MERKLEY) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

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 ‘‘Electric Vehicle De5 ployment Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

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

9 petroleum in the world, consuming 19,500,000 bar10 rels per day of petroleum products during 2008; 


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

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

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

8 United States; 

9 (4) the United States imports more than 50 

10 percent of the petroleum needs of the country each 

11 day; 

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

13 in petroleum trade amounted to more than 

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

15 trade deficit; 

16 (6) the transportation sector of the United 

States accounts for over 2 17 ⁄3 of total national petro18 leum consumption and is 94 percent reliant on pe19 troleum; 

20 (7) the electrification of the light-duty vehicle 

21 fleet represents a direct pathway to significant re22 duction in petroleum dependence, because passenger 

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


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1 more than 40 percent of total petroleum demand in 

2 the United States; 

3 (8) the electrification of the light-duty vehicle 

4 fleet promotes national energy security because the 

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

7 (9) electric drive cars, when running on electric 

8 power, produce no tailpipe emissions; 

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

10 drive vehicles would result in a petroleum savings of 

11 approximately 10,000,000 barrels per year compared 

12 to the annual petroleum consumption as of the date 

13 of enactment of this Act; 

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

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

16 vehicles, which would result in a petroleum savings 

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

18 year and greenhouse gas reductions of over 

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

20 annual petroleum consumption and greenhouse gas 

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

22 and 

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

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


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1 (A) represents the best opportunity to in2 troduce plug-in electric drive vehicles to the 

3 market; and 

4 (B) with the information learned from the 

5 deployment communities, will— 

6 (i) inform best practices for the wide7 scale deployment of plug-in electric drive 

8 vehicles; and 

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

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

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

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

16 (2) CHARGING INFRASTRUCTURE.—The term 

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

18 including a building or the structural components of 

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

20 of motor vehicles propelled by electricity, including 

21 electrical panel upgrades, wiring, conduit, trenching, 

22 pedestals, and related equipment. 

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

24 means the Plug-in Electric Drive Vehicle Technical 

25 Advisory Committee established by section 13. 


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

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

4 electric drive vehicles deployment communities pro5 gram under section 5. 

6 (5) ELECTRIC DRIVE VEHICLE.—The term 

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

8 (A)(i) is— 

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

10 defined in section 86.1803–01 of title 40, 

11 Code of Federal Regulations, as in effect 

12 as of the date of enactment of this Act) 

13 that draws motive power from a battery 

14 with a capacity of at least 4 kilowatt15 hours; 

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

17 is defined in section 86.1803–01 of title 

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

20 Act) with a gross vehicle weight rating 

21 greater than 8,500 pounds and less than 

22 14,000 pounds that draws motive power 

23 from a battery with a capacity of at least 

24 8 kilowatt-hours; 


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

2 is defined in section 86.1803–01 of title 

3 40, Code of Federal Regulations, as in ef4 fect as of the date of enactment of this 

5 Act) with a gross vehicle weight rating 

6 greater than 14,000 pounds and less than 

7 33,000 pounds that draws motive power 

8 from a battery with a capacity of at least 

9 15 kilowatt-hours; or 

10 (IV) a heavy-duty vehicle (as the term 

11 is defined in section 86.1803–01 of title 

12 40, Code of Federal Regulations, as in ef13 fect as of the date of enactment of this 

14 Act) with a gross vehicle weight rating 

15 greater than 33,000 pounds that draws 

16 motive power from a battery with a capac17 ity of at least 20 kilowatt-hours; and 

18 (ii) can be recharged from an external 

19 source of electricity for motive power; or 

20 (B) is a motor vehicle (as the term is de21 fined in section 216 of the Clean Air Act (42 

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

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

24 of the Spark M. Matsunaga Hydrogen Act of 

25 2005 (42 U.S.C. 16152)). 


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

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

3 3 of the Public Utility Regulatory Policies Act of 

4 1978 (16 U.S.C. 2602). 

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

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

7 highway system described in section 103 of title 23, 

8 United States Code. 

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

10 (A) IN GENERAL.—The term ‘‘plug-in elec11 tric drive vehicle’’ has the meaning given the 

12 term in section 131(a)(5) of the Energy Inde13 pendence and Security Act of 2007 (42 U.S.C. 

14 17011(a)(5)). 

15 (B) INCLUSIONS.—The term ‘‘plug-in elec16 tric drive vehicle’’ includes— 

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

18 vehicles that meet the Federal Motor Vehi19 cle Safety Standards described in section 

20 571.500 of title 49, Code of Federal Regu21 lations (or successor regulations); and 

22 (ii) any other motor vehicles that can 

23 be recharged from an external source of 

24 motive power and that is authorized to 


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1 travel on the Federal-aid system of high2 ways. 

3 (9) PRIZE.—The term ‘‘Prize’’ means the Ad4 vanced Batteries for Tomorrow Prize established by 

5 section 10. 

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

7 means the Secretary of Energy. 

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

9 means the Plug-in Electric Drive Vehicle Inter10 agency Task Force established by section 14. 

11 SEC. 4. NATIONAL ELECTRIC DRIVE VEHICLE DEPLOY12 MENT PROGRAM. 

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

14 Department of Energy a national electric drive vehicle de15 ployment program. 

16 (b) NATIONAL PLAN.— 

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

18 the date of enactment of this Act, the Secretary 

19 shall develop a national plan for electric drive vehicle 

20 deployment that includes— 

21 (A) an assessment of the maximum fea22 sible deployment of plug-in electric drive vehi23 cles by 2020 and 2030; 


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1 (B) the establishment of national goals for 

2 market penetration of plug-in electric drive ve3 hicles by 2020 and 2030; 

4 (C) a plan for using the successes and bar5 riers to deployment identified by the deploy6 ment communities program established under 

7 section 5 to prepare communities across the na8 tion for the rapid deployment of plug-in electric 

9 drive vehicles that includes— 

10 (i) measures that communities not se11 lected as deployment communities should 

12 implement to prepare for electric drive ve13 hicle deployment; and 

14 (ii) any recommendations to the Presi15 dent or Congress on the manner in which 

16 the Federal Government can assist commu17 nities not selected as deployment commu18 nities in preparing for electric vehicle de19 ployment— 

20 (I) to support national plug-in 

21 electric drive vehicle deployment; and 

22 (II) to benefit from the lessons 

23 learned by targeted electric drive vehi24 cle deployment communities; 


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1 (D) a plan for providing technical assist2 ance to communities across the United States 

3 to prepare for plug-in electric drive vehicle de4 ployment; and 

5 (E) in consultation with the Task Force, 

6 any recommendations to the President and to 

7 Congress for changes in Federal programs (in8 cluding laws, regulations, and guidelines)— 

9 (i) to better promote the deployment 

10 of plug-in electric drive vehicles; and 

11 (ii) to reduce barriers to the deploy12 ment of plug-in electric drive vehicles. 

13 (2) UPDATES.—The Secretary shall use market 

14 data and information from the targeted electric drive 

15 vehicle deployment communities program established 

16 under section 5 to regularly update the plan to re17 flect real world market conditions. 

18 (c) TECHNICAL ASSISTANCE.— 

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

20 the Secretary shall provide, at the request of the ap21 plicable local elected official, technical assistance to 

22 communities to assist with the deployment of plug23 in electric drive vehicles. 


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1 (2) PRIORITY.—In providing technical assist2 ance under this subsection, the Secretary shall give 

3 priority to— 

4 (A) communities that— 

5 (i) applied to participate in the pro6 gram described in section 5 but were not 

7 selected to be deployment communities; 

8 and 

9 (ii) submitted applications that were 

10 evaluated as the most worthy of selection 

11 based on criteria established by the Sec12 retary; 

13 (B) communities that have established the 

14 most engaged partnerships among stakeholders, 

15 including, at a minimum— 

16 (i) elected and appointed officials 

17 from each of the participating State, local, 

18 and tribal governments; 

19 (ii) all relevant generators and dis20 tributors of electricity; 

21 (iii) public utility commissions; 

22 (iv) departments of public works and 

23 transportation; 

24 (v) owners and operators of property 

25 that will be essential to the deployment of 


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1 a sufficient level of publicly available 

2 charging infrastructure (including privately 

3 owned parking lots or structures); 

4 (vi) plug-in electric drive vehicle man5 ufacturers or retailers; 

6 (vii) third-party providers of charging 

7 infrastructure or services; 

8 (viii) owners of any major fleet that 

9 will participate in the program; 

10 (ix) as appropriate, owners and opera11 tors of regional electric power distribution 

12 and transmission facilities; and 

13 (x) other existing community coali14 tions recognized by the Department of En15 ergy; and 

16 (C) communities that have best dem17 onstrated that the public is likely to embrace 

18 plug-in electric drive vehicles. 

19 (d) REPORT.—The Secretary shall submit biennially 

20 to the appropriate committees of Congress a report on the 

21 progress made in implementing the national plan de22 scribed in subsection (b) that includes— 

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

24 technical assistance program under subsection (c); 

25 and 


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1 (2) any updated recommendations of the Sec2 retary for changes in Federal programs to promote 

3 the purposes of this section. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $10,000,000 for fiscal years 2011 through 2016. 

7 SEC. 5. TARGETED ELECTRIC DRIVE VEHICLE DEPLOY8 MENT COMMUNITIES PROGRAM. 

9 (a) ESTABLISHMENT.— 

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

11 the national electric drive deployment program es12 tablished under section 4 a targeted electric drive ve13 hicle deployment communities program (referred to 

14 in this section as the ‘‘Program’’). 

15 (2) PHASE 1.— 

16 (A) IN GENERAL.—The Secretary shall es17 tablish a competitive process to select at least 

18 5 and not more than 15 phase 1 deployment 

19 communities for the Program. 

20 (B) ELIGIBLE ENTITIES.—In selecting 

21 participants for the Program under paragraph 

22 (1), the Secretary shall only consider applica23 tions submitted by State, tribal, or local govern24 ment entities (or groups of State, tribal, or 

25 local government entities). 


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

2 after the date of enactment of this Act, the Sec3 retary shall select the phase 1 deployment com4 munities under this paragraph. 

5 (D) TERMINATION.—Phase 1 of the Pro6 gram shall be carried out for a 5-year period 

7 beginning on the date funding under this Act is 

8 first provided to the deployment community. 

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

10 date of enactment of this Act, the Secretary shall 

11 submit to Congress a report that analyzes the suc12 cess of phase I and, if, based on the phase I anal13 ysis, the Secretary determines that a phase II pro14 gram is warranted, makes recommendations and de15 scribes a plan for phase II, including— 

16 (A) recommendations regarding— 

17 (i) the number of additional deploy18 ment communities that should be selected; 

19 (ii) the manner in which criteria for 

20 selection should be updated; 

21 (iii) the manner in which incentive 

22 structures for phase 2 deployment should 

23 be changed; and 


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1 (iv) whether other forms of onboard 

2 energy storage for electric drive vehicles 

3 should be included in phase 2; and 

4 (B) a request for appropriations to imple5 ment phase 2 of the Program. 

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

7 (1) to facilitate the rapid deployment of plug8 in electric drive vehicles, including— 

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

10 electric drive vehicles in phase 1 in the deploy11 ment communities selected under paragraph 

12 (2); 

13 (B) the near-term achievement of signifi14 cant market penetration in deployment commu15 nities; and 

16 (C) the achievement of significant market 

17 penetration nationally; 

18 (2) to establish models for the rapid deployment 

19 of plug-in electric drive vehicles nationally, including 

20 for the deployment of residential and publicly avail21 able charging infrastructure; 

22 (3) to increase consumer knowledge and accept23 ance of plug-in electric drive vehicles; 


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1 (4) to encourage the innovation and investment 

2 necessary to achieve mass market deployment of 

3 plug-in electric drive vehicles; 

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

5 electric drive vehicles into electricity distribution sys6 tems and the larger electric grid while maintaining 

7 grid system performance and reliability; 

8 (6) to demonstrate protocols and communica9 tion standards that facilitate vehicle integration into 

10 the grid and provide seamless charging for con11 sumers traveling through multiple utility distribution 

12 systems; 

13 (7) to investigate differences among deployment 

14 communities and to develop best practices for imple15 menting vehicle electrification in various commu16 nities, including best practices for planning for and 

17 facilitating the construction of residential and pub18 licly available infrastructure to support plug-in elec19 tric drive vehicles; 

20 (8) to collect comprehensive data on the pur21 chase and use of plug-in electric vehicles to inform 

22 best practices for rapidly deploying plug-in electric 

23 drive vehicles in other locations, including for the in24 stallation of charging infrastructure; and 


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1 (9) to reduce and displace petroleum use and 

2 reduce greenhouse gas emissions by accelerating the 

3 deployment of plug-in electric drive vehicles in the 

4 United States. 

5 (c) PHASE 1 DEPLOYMENT COMMUNITY SELECTION

6 CRITERIA.— 

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

8 to the maximum extent practicable, that selected de9 ployment communities in phase 1 serve as models of 

10 deployment for various communities across the 

11 United States. 

12 (2) SELECTION.—In selecting communities 

13 under this section, the Secretary— 

14 (A) shall ensure, to the maximum extent 

15 practicable, that— 

16 (i) the combination of selected com17 munities is diverse in population, demo18 graphics, urban and suburban composition, 

19 typical commuting patterns, climate, type 

20 of utility (including regulated, municipal, 

21 cooperative, and vertically integrated utili22 ties), and geography; 

23 (ii) at least 1 community selected has 

24 a population of less than 125,000; 


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1 (iii) each deployment community will 

2 achieve significant market penetration; and 

3 (iv) the deployment communities 

4 present a strong opportunity for replication 

5 in other communities across the United 

6 States; 

7 (B) is encouraged to select a combination 

8 of deployment communities that includes mul9 tiple models or approaches for deploying plug10 in electric drive vehicles that the Secretary be11 lieves are reasonably likely to be effective, in12 cluding multiple approaches to the deployment 

13 of charging infrastructure; and 

14 (C) in addition to the criteria described in 

15 subparagraph (A), may give preference to appli16 cants proposing a greater non-Federal cost 

17 share. 

18 (3) CRITERIA.— 

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

20 days after the date of enactment of this Act, 

21 the Secretary shall publish criteria for the selec22 tion of deployment communities that include re23 quirements that applications be submitted by a 

24 State, tribal, or local government entity (or 


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1 groups of State, tribal, or local government en2 tities). 

3 (B) APPLICATION REQUIREMENTS.—The 

4 criteria published by the Secretary under sub5 paragraph (A) shall include application require6 ments that, at a minimum, include— 

7 (i) goals for— 

8 (I) the number of plug-in electric 

9 drive vehicles to be deployed in the 

10 community; 

11 (II) the expected percentage of 

12 light-duty vehicle sales that would be 

13 sales of plug-in electric drive vehicles; 

14 and 

15 (III) the adoption of plug-in elec16 tric drive vehicles (including medium17 or heavy-duty vehicles) in private and 

18 public fleets during the 5-year dura19 tion of the Program; 

20 (ii) evidence that— 

21 (I) the public is likely to embrace 

22 plug-in electric drive vehicles; and 

23 (II) automobile manufacturers 

24 and dealers will be able to provide and 

25 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 serv8 ices in the deployment community; 

9 (v) assurances that a majority of the 

10 vehicle deployments anticipated in the plan 

11 will be for personal vehicles authorized to 

12 travel on the United States Federal-aid 

13 system of highways, but may also in14 clude— 

15 (I) private or public sector plug16 in electric drive fleet vehicles; 

17 (II) medium- and heavy-duty hy18 brid vehicles; 

19 (III) low speed plug-in electric 

20 drive vehicles that meet Federal 

21 Motor Vehicle Safety Standards de22 scribed in section 571.500 of title 49, 

23 Code of Federal Regulations; and 

24 (IV) any other plug-in electric 

25 drive vehicle authorized to travel on 


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1 the United States Federal-aid system 

2 of highways; and 

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

4 determined by the Secretary. 

5 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

6 for the deployment of plug-in electric drive vehicles 

7 shall include— 

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

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

12 including— 

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

15 (I) elected and appointed officials 

16 from each of the participating State, 

17 local, and tribal governments; 

18 (II) all relevant generators and 

19 distributors of electricity; 

20 (III) State utility regulatory au21 thorities; 

22 (IV) departments of public works 

23 and transportation; 

24 (V) owners and operators of 

25 property that will be essential to the 


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1 deployment of a sufficient level of 

2 publicly available charging infrastruc3 ture (including privately owned park4 ing lots or structures); 

5 (VI) plug-in electric drive vehicle 

6 manufacturers or retailers; 

7 (VII) third-party providers of 

8 charging infrastructure or services; 

9 (VIII) owners of any major fleet 

10 that will participate in the program; 

11 (IX) as appropriate, owners and 

12 operators of regional electric power 

13 distribution and transmission facili14 ties; and 

15 (X) as appropriate, other existing 

16 community coalitions recognized by 

17 the Department of Energy; 

18 (ii) evidence of the commitment of the 

19 stakeholders to participate in the partner20 ship; 

21 (iii) a clear description of the role and 

22 responsibilities of each stakeholder; and 

23 (iv) a plan for continuing the engage24 ment and participation of the stakeholders, 


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1 as appropriate, throughout the implemen2 tation of the deployment plan; 

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

4 electric drive vehicles anticipated to be plug-in 

5 electric drive personal vehicles and the number 

6 of plug-in electric drive vehicles anticipated to 

7 be privately owned fleet or public fleet vehicles; 

8 (D) a plan for deploying residential and 

9 publicly available charging infrastructure, in10 cluding— 

11 (i) an assessment of the number of 

12 consumers who will have access to private 

13 residential charging infrastructure; 

14 (ii) an approach for accommodating 

15 residents who are not able to charge vehi16 cles at the place of residence; 

17 (iii) a plan for ensuring that the 

18 charging infrastructure be able to send and 

19 receive the information needed to interact 

20 with the grid and be compatible with smart 

21 grid technologies to the extent appropriate; 

22 (iv) an estimate of how many charg23 ing stations will be needed and where to lo24 cate the stations; 


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1 (v) a plan for how much publicly 

2 available charging infrastructure will be 

3 privately funded or located on private 

4 property; and 

5 (vi) a description of equipment to be 

6 deployed, including assurances that, to the 

7 maximum extent practicable, equipment to 

8 be deployed will meet open, nonproprietary 

9 standards for connecting to plug-in electric 

10 drive vehicles that are either— 

11 (I) commonly accepted by indus12 try at the time the equipment is being 

13 acquired; or 

14 (II) meet the standards developed 

15 by the Director of the National Insti16 tute of Standards and Technology 

17 under section 1305 of the Energy 

18 Independence and Security Act of 

19 2007 (42 U.S.C. 17385); 

20 (E) a plan for effective marketing of plug21 in electric drive vehicles, charging services, and 

22 infrastructure; 

23 (F) descriptions of updated building codes 

24 (or a plan to update building codes before or 

25 during the grant period) to include charging inVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 frastructure or dedicated circuits for charging 

2 infrastructure, as appropriate, in new construc3 tion and major renovations; 

4 (G) descriptions of updated construction 

5 permitting or inspection processes (or a plan to 

6 update construction permitting or inspection 

7 processes) to allow for expedited installation of 

8 charging infrastructure for purchasers of plug9 in electric drive vehicles, including a permitting 

10 process that allows a vehicle purchaser to have 

11 charging infrastructure installed within 3 busi12 ness days; 

13 (H) descriptions of updated zoning, park14 ing rules, or other local ordinances as are nec15 essary to facilitate the installation of publicly 

16 available charging infrastructure and to allow 

17 for access to publicly available charging infra18 structure, as appropriate; 

19 (I) additional incentives, beyond those es20 tablished by this Act, for the purchasers of 

21 plug-in electric drive vehicles, including rebates 

22 or reductions in sales taxes or registration fees, 

23 preferred parking spaces, and single rider ac24 cess to high occupancy vehicle lanes for plug-in 

25 electric drive vehicles; 


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1 (J) additional incentives, beyond those es2 tablished by this Act, for the installation of 

3 charging infrastructure; 

4 (K) a proposed plan for making necessary 

5 utility and grid upgrades, including economi6 cally sound information technology upgrades 

7 and a plan for recovering the cost of the up8 grades; 

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

10 or third-party charging service provider, policies 

11 and plans for accommodating the deployment of 

12 plug-in electric drive vehicles, including— 

13 (i) rate structures or provisions and 

14 billing protocols for the charging of plug15 in electric drive vehicles, including, as ap16 propriate— 

17 (I) accommodation for billing 

18 for— 

19 (aa) charging at a place of 

20 residence and at publicly avail21 able charging infrastructure; and 

22 (bb) vehicle owners who can23 not charge at home by virtue of 

24 the nature of their residence; and 


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1 (II) rate structures or provisions 

2 that benefit consumers by facili3 tating— 

4 (aa) charging off-peak rates; 

5 (bb) load management strat6 egies that optimize reliable and 

7 economical operation of the grid; 

8 (cc) utilities, grid operators, 

9 or third-party charging services 

10 to draw battery charge for use on 

11 the grid; or 

12 (dd) the offer of other bene13 fits to the utility system or the 

14 grid; 

15 (ii) analysis of potential impacts to 

16 the grid; 

17 (iii) plans for using information tech18 nology or third-party aggregators to mini19 mize the effects of charging on peak loads; 

20 (iv) plans for working with smart grid 

21 technologies or third-party aggregators for 

22 the purposes of smart charging and for al23 lowing 2-way communication and elec24 tricity movement; and 


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1 (v) plans for anticipating vehicle-to2 grid applications that will allow batteries 

3 in cars as well as banks of batteries to be 

4 used for grid storage, ancillary services 

5 provision, and backup power; 

6 (M) a deployment timeline; 

7 (N) a plan for monitoring and evaluating 

8 the implementation of the plan, including 

9 metrics for assessing the success of the deploy10 ment and an approach to updating the plan, as 

11 appropriate; and 

12 (O) a description of the manner in which 

13 any grant funds applied for under subsection 

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

15 share for the funds. 

16 (d) PHASE 1 APPLICATIONS AND GRANTS.— 

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

18 after the date of publication by the Secretary of the 

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

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

21 tribe, or local governments may apply to the Sec22 retary to become a deployment community. 

23 (2) GRANTS.— 

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

25 applicant may request up to $250,000,000 in fiVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 nancial assistance from the Secretary to fund 

2 projects in the deployment community. 

3 (B) USE OF FUNDS.—Funds provided 

4 through a grant under this paragraph may be 

5 used to help implement the plan for the deploy6 ment of plug-in electric drive vehicles included 

7 in the application, including— 

8 (i) planning for and installing charg9 ing infrastructure, including offering addi10 tional incentives as described in subsection 

11 (c)(4)(J); 

12 (ii) updating building codes, zoning or 

13 parking rules, or permitting or inspection 

14 processes as described in subparagraphs 

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

16 (iii) reducing the cost and increasing 

17 the consumer adoption of plug-in electric 

18 drive vehicles through incentives as de19 scribed in subsection (c)(4)(I); 

20 (iv) workforce training, including 

21 training of permitting officials; 

22 (v) public education described in the 

23 proposed marketing plan; and 

24 (vi) shifting State, tribal, or local gov25 ernment fleets to plug-in electric drive veVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 hicles, at a rate in excess of the existing 

2 Federal alternative fleet vehicle require3 ments. 

4 (C) COST-SHARING.— 

5 (i) IN GENERAL.—A grant provided 

6 under this paragraph shall be subject to a 

7 minimum non-Federal cost-sharing re8 quirement of 20 percent. 

9 (ii) NON-FEDERAL SOURCES.—The 

10 Secretary shall— 

11 (I) determine the appropriate 

12 cost share for each selected applicant; 

13 and 

14 (II) require that not less than 20 

15 percent of the cost of an activity fund16 ed by a grant under this paragraph be 

17 provided by a non-Federal source. 

18 (iii) REDUCTION.—The Secretary may 

19 reduce or eliminate the cost-sharing re20 quirement described in clause (i), as the 

21 Secretary determines to be necessary. 

22 (iv) CALCULATION OF AMOUNT.—In 

23 calculating the amount of the non-Federal 

24 share under this section, the Secretary— 


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1 (I) may include allowable costs in 

2 accordance with the applicable cost 

3 principles, including— 

4 (aa) cash; 

5 (bb) personnel costs; 

6 (cc) the value of a service, 

7 other resource, or third party in8 kind contribution determined in 

9 accordance with the applicable 

10 circular of the Office of Manage11 ment and Budget; 

12 (dd) indirect costs or facili13 ties and administrative costs; or 

14 (ee) any funds received 

15 under the power program of the 

16 Tennessee Valley Authority or 

17 any Power Marketing Adminis18 tration (except to the extent that 

19 such funds are made available 

20 under an annual appropriation 

21 Act); 

22 (II) shall include contributions 

23 made by State, tribal, or local govern24 ment entities and private entities; and 

25 (III) shall not include— 


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1 (aa) revenues or royalties 

2 from the prospective operation of 

3 an activity beyond the time con4 sidered in the grant, unless from 

5 a qualified electric drive vehicle 

6 refueling property bond (as de7 fined in section 54G(a) of the In8 ternal Revenue Code of 1986); 

9 (bb) proceeds from the pro10 spective sale of an asset of an ac11 tivity; or 

12 (cc) other appropriated Fed13 eral funds. 

14 (v) REPAYMENT OF FEDERAL

15 SHARE.—The Secretary shall not require 

16 repayment of the Federal share of a cost17 shared activity under this section as a con18 dition of providing a grant. 

19 (vi) TITLE TO PROPERTY.—The re20 ceipt of Federal funds under this section 

21 shall not prohibit the purchaser of a vehi22 cle, equipment, or other property from re23 taining sole, permanent title to the vehicle, 

24 equipment, or property at the conclusion of 

25 the program. 


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

2 the application deadline established under paragraph 

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

4 deployment communities selected under this sub5 section. 

6 (e) REPORTING REQUIREMENTS.— 

7 (1) IN GENERAL.—The Secretary, in consulta8 tion with the Committee, shall— 

9 (A) determine what data will be required 

10 to be collected by participants in deployment 

11 communities and submitted to the Department 

12 to allow for analysis of the deployment commu13 nities; and 

14 (B) develop metrics to determine the suc15 cess of the deployment communities. 

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

17 participation in the Program, a deployment commu18 nity shall provide any data identified by the Sec19 retary under paragraph (1). 

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

21 date of enactment of this Act and again after the 

22 completion of the Program, the Secretary shall sub23 mit to Congress a report that contains— 

24 (A) a description of the status of— 


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1 (i) the deployment communities and 

2 the implementation of the deployment plan 

3 of each deployment community; 

4 (ii) the rate of vehicle manufacturing 

5 deployment and market penetration of 

6 plug-in electric drive vehicles; and 

7 (iii) the deployment of residential and 

8 publicly available infrastructure; 

9 (B) a description of the challenges experi10 enced and lessons learned from the program to 

11 date, including the activities described in sub12 paragraph (A); and 

13 (C) an analysis of the data collected under 

14 this subsection. 

15 (f) INFORMATION CLEARINGHOUSE.—The Secretary 

16 shall make available to the public, in a timely manner, in17 formation regarding the cost, performance, usage data, 

18 and technical data regarding the deployment and integra19 tion of plug-in electric drive vehicles in the deployment 

20 communities. 

21 (g) PROPRIETARY INFORMATION.—The Secretary 

22 shall, as appropriate, provide for the protection of propri23 etary information and intellectual property rights. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $2,002,000,000. 

4 (i) CONFORMING AMENDMENT.—Section 166(b)(5) 

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

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

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

8 State’’; and 

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

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

11 State’’. 

12 SEC. 6. TAX CREDITS. 

13 (a) CREDIT FOR NEW QUALIFIED PLUG-IN ELEC14 TRIC DRIVE MOTOR VEHICLES.— 

15 (1) TRANSFERABILITY.— 

16 (A) IN GENERAL.—Subsection (c) of sec17 tion 30D of the Internal Revenue Code of 1986 

18 is amended by adding at the end the following 

19 new paragraph: 

20 ‘‘(3) REFUNDABLE PERSONAL CREDIT.— 

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

22 title, in the case of a qualified deployment com23 munity taxpayer, the credit allowed under sub24 section (a) for any taxable year (determined 

25 after application of paragraph (1) and without 


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

2 a credit allowable under subpart C for such tax3 able year (and not allowed under subsection 

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

5 credit. 

6 ‘‘(B) QUALIFIED DEPLOYMENT COMMU7 NITY TAXPAYER.—For purposes of subpara8 graph (A), the term ‘qualified deployment com9 munity taxpayer’ means a taxpayer— 

10 ‘‘(i) who purchases a new qualified 

11 plug-in electric drive motor vehicle to 

12 which paragraph (1) does not apply, and 

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

14 such vehicle in, a deployment community 

15 selected by the Secretary under the Tar16 geted Electric Vehicles Deployment Com17 munities Program established by the ‘Elec18 tric Vehicle Deployment Act of 2010’. 

19 For purposes of the preceding sentence, such a 

20 deployment community shall only be treated as 

21 a deployment community after the date on 

22 which such community is so selected (without 

23 regard to the date on which any funds under 

24 such Act are provided with respect to such comVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 munity) and before the date on which Phase 1 

2 of such program terminates. 

3 ‘‘(C) REFUNDABLE CREDIT MAY BE

4 TRANSFERRED.— 

5 ‘‘(i) IN GENERAL.—A qualified de6 ployment community taxpayer may, in con7 nection with the purchase of a new quali8 fied plug-in electric drive motor vehicle, 

9 transfer any refundable credit described in 

10 subparagraph (A)— 

11 ‘‘(I) to any person who is in the 

12 trade or business of selling new quali13 fied plug-in electric drive motor vehi14 cles and who sold such vehicle to the 

15 taxpayer, or 

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

17 trade or business of financing the 

18 sales of new qualified plug-in electric 

19 drive motor vehicles and who financed 

20 the taxpayer’s purchase of such vehi21 cle. 

22 ‘‘(ii) DISCLOSURE.—A qualified de23 ployment community taxpayer may trans24 fer a refundable credit described in sub25 paragraph (A) to a person described in 


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1 clause (i)(I) only if such person clearly dis2 closes to such taxpayer, through the use of 

3 a window sticker attached to the new 

4 qualified plug-in electric drive motor vehi5 cle— 

6 ‘‘(I) the amount of the refund7 able credit described in subparagraph 

8 (A) with respect to such vehicle, and 

9 ‘‘(II) a notification that the tax10 payer will not be eligible for any cred11 it under any other section of this title 

12 with respect to such vehicle unless the 

13 taxpayer elects not to have this sec14 tion apply with respect to such vehi15 cle. 

16 ‘‘(iii) CERTIFICATION.—A transferee 

17 of a refundable credit described in sub18 paragraph (A) may not claim such credit 

19 unless such claim is accompanied by a cer20 tification to the Secretary that the trans21 feree reduced the price the taxpayer paid 

22 or the balance due to the financier, which23 ever is applicable, for the new qualified 

24 plug-in electric drive motor vehicle by the 

25 entire amount of such refundable credit. 


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1 ‘‘(iv) CONSENT REQUIRED FOR REV2 OCATION.—Any transfer under clause (i) 

3 may be revoked only with the consent of 

4 the Secretary. 

5 ‘‘(v) SPECIAL RULE FOR BULK PUR6 CHASERS.—A qualified deployment com7 munity taxpayer who purchases 10 or more 

8 new qualified plug-in electric drive motor 

9 vehicles during the taxable year may trans10 fer a refundable credit described in sub11 paragraph (A) to any person. 

12 ‘‘(vi) REGULATIONS.—The Secretary 

13 may prescribe such regulations as nec14 essary— 

15 ‘‘(I) to ensure that any refund16 able credit described in clause (i) is 

17 claimed once and not retransferred by 

18 a transferee, and 

19 ‘‘(II) to provide a mechanism by 

20 which the transferee may claim and 

21 receive the credit within 3 months of 

22 the sale of the new qualified plug-in 

23 electric drive motor vehicle.’’. 


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1 (B) DISPLAY OF CREDIT INFORMATION.— 

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

3 Code, is amended— 

4 (i) by redesignating subparagraphs 

5 (E) and (F) as subparagraphs (F) and 

6 (G), and 

7 (ii) by inserting after subparagraph 

8 (D) the following new subparagraph: 

9 ‘‘(E) the amount of the new qualified plug10 in electric drive motor vehicle credit allowable 

11 with respect to the sale of the automobile under 

12 section 30D of the Internal Revenue Code of 

13 1986 (26 U.S.C. 30D).’’. 

14 (2) INCREASED CREDIT FOR TAXPAYERS IN DE15 PLOYMENT COMMUNITIES.—Subsection (f) of section 

16 30D of such Code is amended by adding at the end 

17 the following new paragraph: 

18 ‘‘(8) INCREASED CREDIT FOR TAXPAYERS IN

19 DEPLOYMENT COMMUNITIES.—In the case of a 

20 qualified deployment community taxpayer (within 

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

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

23 ‘$2,500’.’’. 

24 (3) INCREASED PER MANUFACTURER CAP.— 

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


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

2 ‘‘300,000’’. 

3 (4) EXTENSION AND MODIFICATION OF NEW

4 QUALIFIED HYBRID MOTOR VEHICLE CREDIT.— 

5 (A) EXTENSION.—Paragraph (3) of sec6 tion 30B(k) of such Code is amended by strik7 ing ‘‘December 31, 2009’’ and inserting ‘‘De8 cember 31, 2016’’. 

9 (B) QUALIFIED INCREMENTAL HYBRID

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

11 such Code is amended by striking ‘‘does not ex12 ceed—’’ and all that follows and inserting ‘‘does 

13 not exceed— 

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

15 a gross vehicle weight rating of not 

16 more than 14,000 pounds, 

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

18 a gross vehicle weight rating of more 

19 than 14,000 pounds but not more 

20 than 26,000 pounds, 

21 ‘‘(III) $60,000, if such vehicle 

22 has a gross vehicle weight rating of 

23 more than 26,000 pounds but not 

24 more than 33,000 pounds, and 


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1 ‘‘(IV) $100,000, if such vehicle 

2 has a gross vehicle weight rating of 

3 more than 33,000 pounds.’’. 

4 (C) APPLICABLE PERCENTAGE FOR HEAVY

5 TRUCKS ACHIEVING 20 PERCENT INCREASE IN

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

7 30B(d)(2)(B) of such Code is amended by re8 designating subclauses (I), (II), and (III) as 

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

10 and by inserting before subclause (II) (as so re11 designated) the following new subclause: 

12 ‘‘(I) 10 percent in the case of a 

13 vehicle to which clause (iii)(IV) ap14 plies if such vehicle achieves an in15 crease in city fuel economy relative to 

16 a comparable vehicle of at least 20 

17 percent but less than 30 percent.’’. 

18 (D) DOLLAR LIMITATION.—Subparagraph 

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

20 amended by adding at the end the following 

21 new clause: 

22 ‘‘(vi) LIMITATION.—The amount al23 lowed as a credit under subsection (a)(3) 

24 with respect to a vehicle by reason of 


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1 clause (i) of this subparagraph shall not 

2 exceed $24,000.’’. 

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

5 amended by redesignating subparagraphs (B), 

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

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

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

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

12 ‘new qualified hybrid motor vehicle’ includes a 

13 motor vehicle— 

14 ‘‘(i) which draws propulsion energy 

15 exclusively from a rechargeable energy 

16 storage system, and 

17 ‘‘(ii) which meets the requirements of 

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

20 (F) CREDITS MAY BE TRANSFERRED.— 

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

22 amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(4) TRANSFERABILITY OF CREDIT.— 


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

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

4 such vehicle through an assignment to the seller 

5 of such vehicle. Such transfer may be revoked 

6 only with the consent of the Secretary. 

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

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

11 by such other person.’’. 

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

14 (1) EXTENSION OF INCREASED CREDIT FOR

15 ELECTRICITY.— 

16 (A) IN GENERAL.—Paragraph (6) of sec17 tion 30C(e) of the Internal Revenue Code of 

18 1986 is amended— 

19 (i) by striking ‘‘DURING 2009 AND

20 2010’’ in the heading and inserting ‘‘DUR21 ING CERTAIN TAXABLE YEARS’’, 

22 (ii) by striking ‘‘and before January 

23 1, 2011’’, 

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

25 service before January 1, 2011 (before 


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1 January 1, 2017, in the case of property 

2 which relates to electricity)’’ after ‘‘hydro3 gen’’ in subparagraph (A), and 

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

5 service before January 1, 2011’’ after ‘‘hy6 drogen’’ in subparagraph (B). 

7 (B) EXTENSION OF CREDIT.—Subsection 

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

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

10 paragraph (1), 

11 (ii) by redesignating paragraph (2) as 

12 paragraph (3), and 

13 (iii) by inserting after paragraph (1) 

14 the following new paragraph: 

15 ‘‘(2) in the case of property relating to elec16 tricity, after December 31, 2016, and’’. 

17 (2) MODIFICATION OF COST PROVISIONS.—Sub18 section (e) of section 30C of such Code is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(7) INSTALLATION OF ELECTRICITY PROP21 ERTY.—In the case of any qualified alternative fuel 

22 vehicle refueling property which relates to electricity, 

23 for purposes of subsection (a), the cost of such prop24 erty shall include the cost of the original installation 

25 of such property.’’. 


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1 (3) TRANSFERABILITY OF CREDIT.—Section 

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

3 is amended by adding at the end the following new 

4 paragraph: 

5 ‘‘(8) TRANSFERABILITY OF CREDIT.— 

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

7 any qualified alternative fuel vehicle refueling 

8 property in service may transfer the credit 

9 under this section through an assignment to 

10 any other person. Such transfer may be revoked 

11 only with the consent of the Secretary. 

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

13 credit described in subparagraph (A) may not 

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

16 the transferee reduced the price the transferor 

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

19 credit. 

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

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

24 by such other person.’’. 


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

2 this section shall apply to property placed in service after 

3 the date of the enactment of this Act. 

4 SEC. 7. QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI5 CLE REFUELING PROPERTY BONDS. 

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

7 of the Internal Revenue Code of 1986 is amended— 

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

9 (D), 

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

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

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

15 motor vehicle refueling property bond,’’. 

16 (b) QUALIFIED PURPOSE.—Subparagraph (C) of sec17 tion 54A(d)(2) of the Internal Revenue Code of 1986 is 

18 amended— 

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

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

21 (v) and inserting ‘‘, and’’, and 

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

23 clause: 

24 ‘‘(vi) in the case of a qualified plug25 in electric drive motor vehicle refueling 


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

3 (c) BONDS ALLOWED.—Subpart I of part IV of sub4 chapter A of chapter 1 of the Internal Revenue Code of 

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

6 section: 

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

8 VEHICLE REFUELING PROPERTY BONDS. 

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

10 VEHICLE REFUELING PROPERTY BOND.—For purposes 

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

12 motor vehicle refueling property bond’ means any bond 

13 issued as part of an issue if— 

14 ‘‘(1) 100 percent of the available project pro15 ceeds of such issue are to be used for capital expend16 itures incurred by a qualified issuer for 1 or more 

17 qualified plug-in electric drive motor vehicle refuel18 ing properties, 

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

20 and 

21 ‘‘(3) the issuer designates such bond for pur22 poses of this section. 

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

24 paragraph (2) of section 54A(b), the annual credit deter25 mined with respect to any qualified plug-in electric drive 


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1 motor vehicle refueling property bond is 70 percent of the 

2 amount which would (but for this subsection) otherwise 

3 be determined under such paragraph with respect to such 

4 bond. 

5 ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES6 IGNATED.—The maximum aggregate face amount of 

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

8 any issuer shall not exceed the limitation amount allocated 

9 to such issuer under subsection (e). 

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

11 DESIGNATED.—There is a national qualified plug-in elec12 tric drive motor vehicle refueling property bond limitation 

13 of $1,000,000,000. 

14 ‘‘(e) ALLOCATIONS.—The Secretary shall make allo15 cations of the amount of the national qualified plug-in 

16 electric drive motor vehicle refueling property bond limita17 tion described in subsection (d) among purposes described 

18 in subsection (a)(1) in such manner as the Secretary de19 termines appropriate. 

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

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

22 MOTOR VEHICLE REFUELING PROPERTY.—The term 

23 ‘qualified plug-in electric drive motor vehicle refuel24 ing property’ means any qualified alternative fuel veVerDate Mar 15 2010 21:29 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 hicle refueling property (within the meaning of sec2 tion 30C) which relates to electricity. 

3 ‘‘(2) QUALIFIED ISSUER.— 

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

5 issuer’ means a public power provider, a cooper6 ative electric company, or a governmental body. 

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

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

9 shall not include any entity to which a credit 

10 under section 30C is allowed for the taxable 

11 year in which such issue is issued. 

12 ‘‘(C) GOVERNMENTAL BODY.—The term 

13 ‘governmental body’ means any State or Indian 

14 tribal government, or any political subdivision 

15 thereof. 

16 ‘‘(D) PUBLIC POWER PROVIDER.—The 

17 term ‘public power provider’ means a State util18 ity that has a service obligation to end-users or 

19 to a distribution utility (within the meaning of 

20 section 217 of the Federal Power Act, as in ef21 fect on the date of the enactment of this sec22 tion). 

23 ‘‘(E) COOPERATIVE ELECTRIC COMPANY.— 

24 The term ‘cooperative electric company’ means 

25 a mutual or cooperative electric company deVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 scribed in section 501(c)(12) or an organization 

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

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

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

5 the Internal Revenue Code of 1986 is amended by adding 

6 at the end the following new item: 

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

bonds.’’. 

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

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

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

10 (f) LOAN GUARANTEES.— 

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

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

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

14 the following: 

15 ‘‘(4) Charging infrastructure and networks of 

16 charging infrastructure for plug-in drive electric ve17 hicles, if such charging infrastructure will be oper18 ational prior to December 31, 2016.’’; and 

19 (B) by striking subsection (e) and insert20 ing the following: 

21 ‘‘(e) SUNSET.—The authority to enter into guaran22 tees under this section shall expire on September 30, 

23 2011, except that for projects described in subsection 


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

2 on December 31, 2016.’’. 

3 SEC. 8. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE 

4 VEHICLES. 

5 The Public Utility Regulatory Policies Act of 1978 

6 (16 U.S.C. 2601 et seq.) is amended— 

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

8 adding at the end the following: 

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

10 PLANNING.— 

11 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC12 TRIC DRIVE VEHICLES.— 

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

14 years after the date of enactment of this 

15 paragraph, each electric utility shall de16 velop a plan to support the use of plug-in 

17 electric drive vehicles, including medium 

18 and heavy-duty hybrid electric vehicles in 

19 the service area of the electric utility. 

20 ‘‘(ii) REQUIREMENTS.—A plan under 

21 clause (i) shall investigate— 

22 ‘‘(I) various levels of potential 

23 penetration of plug-in electric drive 

24 vehicles in the utility service area; 


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1 ‘‘(II) the potential impacts that 

2 the various levels would have on dis3 tribution infrastructure and on the 

4 operation of the transmission grid; 

5 and 

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

7 providing reliable and economical 

8 charging services. 

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

10 that determines that the electric utility will 

11 have no meaningful penetration of plug-in 

12 electric drive vehicles during the 5-year pe13 riod beginning on the date of enactment of 

14 this paragraph may petition the Secretary 

15 to waive clause (i) for 5 years. 

16 ‘‘(iv) UPDATES.— 

17 ‘‘(I) IN GENERAL.—Each electric 

18 utility shall update the plan of the 

19 electric utility every 5 years. 

20 ‘‘(II) RESUBMISSION OF WAIV21 ER.—An electric utility that received a 

22 waiver under clause (iii) and wants 

23 the waiver to continue after the expi24 ration of the waiver shall be required 

25 to resubmit the waiver. 


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1 ‘‘(v) EXEMPTION.—If the Secretary 

2 determines that a plan required by a State 

3 regulatory authority meets the require4 ments of this paragraph, the Secretary 

5 may accept that plan and exempt the elec6 tric utility submitting the plan from the re7 quirements of clause (i). 

8 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

9 State regulatory authority (in the case of each 

10 electric utility for which the authority has rate11 making authority) and each municipal and co12 operative utility shall— 

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

14 the deployment of recharging infrastruc15 ture in communities located in the foot16 print of the authority or utility; 

17 ‘‘(ii) require that charging infrastruc18 ture deployed is interoperable with prod19 ucts of all auto manufacturers to the max20 imum extent practicable; and 

21 ‘‘(iii) consider adopting minimum re22 quirements for deployment of electrical 

23 charging infrastructure and other appro24 priate requirements necessary to support 

25 the use of plug-in electric drive vehicles. 


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1 ‘‘(C) COST RECOVERY.—Each State regu2 latory authority (in the case of each electric 

3 utility for which the authority has ratemaking 

4 authority) and each municipal and cooperative 

5 utility may consider whether, and to what ex6 tent, to allow cost recovery for plans and imple7 mentation of plans. 

8 ‘‘(D) SMART GRID INTEGRATION.—The 

9 State regulatory authority (in the case of each 

10 electric utility for which the authority has rate11 making authority) and each municipal and co12 operative utility, in accordance with regulations 

13 issued by the Federal Energy Regulatory Com14 mission under section 1305(d) of the Energy 

15 Independence and Security Act of 2007 (42 

16 U.S.C. 17385), shall— 

17 ‘‘(i) establish any appropriate proto18 cols and standards for integrating plug-in 

19 electric drive vehicles into an electrical dis20 tribution system, including Smart Grid 

21 systems and devices as described in title 

22 XIII of the Energy Independence and Se23 curity Act of 2007 (42 U.S.C. 17381 et 

24 seq.); 


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1 ‘‘(ii) develop, to the maximum extent 

2 practicable, the means and methods for ap3 propriate billing settlements between utili4 ties, consumers, and third parties in and 

5 across utility territories; 

6 ‘‘(iii) identify the smart grid infra7 structure and information technology that 

8 would likely need to be installed to most 

9 efficiently manage plug-in electric vehicles; 

10 and 

11 ‘‘(iv) in consideration of this section, 

12 review the determination made under sub13 section (a), including whether time-of-use 

14 pricing should be employed to enable the 

15 use of plug-in electric drive vehicles to con16 tribute to meeting peak-load and ancillary 

17 service power needs. 

18 ‘‘(E) DETERMINATION.—Not later than 3 

19 years after the date of enactment of this para20 graph, each State regulatory authority (with re21 spect to each electric utility for which the au22 thority has ratemaking authority), and each 

23 municipal and cooperative electric utility, shall 

24 complete the consideration, and shall make the 

25 determination, referred to in subsection (a) with 


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1 respect to the standard established by this 

2 paragraph.’’ 

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

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

5 State’’ and inserting the following: 

6 ‘‘(1) IN GENERAL.—Each State’’; 

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

8 the case’’ and inserting the following: 

9 ‘‘(2) SPECIFIC STANDARDS.— 

10 ‘‘(A) NET METERING AND FOSSIL FUEL

11 GENERATION EFFICIENCY.—In the case’’; 

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

13 the case’’ and inserting the following: 

14 ‘‘(B) TIME-BASED METERING AND COMMU15 NICATIONS.—In the case’’; 

16 (D) in the fourth sentence— 

17 (i) by striking ‘‘In the case’’ and in18 serting the following: 

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

20 and 

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

22 inserting ‘‘paragraph (15) of section 

23 111(d)’’; 

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

25 the case’’ and inserting the following: 


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1 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

2 RATE DESIGN MODIFICATIONS, SMART GRID IN3 VESTMENTS, SMART GRID INFORMATION.—In 

4 the case’’; and 

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

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

7 PLANNING.—In the case of the standards estab8 lished by paragraph (20) of section 111(d), the 

9 reference contained in this subsection to the 

10 date of enactment of this Act shall be deemed 

11 to be a reference to the date of enactment of 

12 that paragraph.’’; and 

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

14 the matter preceding paragraph (1), by striking 

15 ‘‘(19)’’ and inserting ‘‘(20)’’. 

16 SEC. 9. FEDERAL FLEETS. 

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

18 agencies to fuel plug-in electric drive vehicles— 

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

20 301 of the Energy Policy Act of 1992 (42 U.S.C. 

21 13218)); and 

22 (2) shall be accounted for under Federal fleet 

23 management reporting requirements, not under Fed24 eral building management reporting requirements. 


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

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

3 completion of the Program, the Federal Energy Manage4 ment Program and the General Services Administration, 

5 in consultation with the Task Force, shall complete an as6 sessment of Federal Government fleets, including the 

7 Postal Service and the Department of Defense, and sub8 mit a report to Congress that describes— 

9 (1) for each Federal agency, which types of ve10 hicles the agency uses that would or would not be 

11 suitable for near-term and medium-term conversion 

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

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

14 vehicles could provide comparable functionality and 

15 lifecycle costs; 

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

17 could be deployed by the Federal Government in 5 

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

19 drive vehicles are available and are purchased when 

20 new vehicles are needed or existing vehicles are re21 placed; and 

22 (3) the estimated cost to the Federal Govern23 ment for vehicle purchases under paragraph (2) for 

24 each fiscal year. 

25 (c) INVENTORY AND DATA COLLECTION.— 


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1 (1) IN GENERAL.—In carrying out the assess2 ment and report under subsection (b), the Federal 

3 Energy Management Program, in consultation with 

4 the General Services Administration, shall— 

5 (A) develop an information request for 

6 each agency that operates a fleet of at least 20 

7 motor vehicles; and 

8 (B) establish guidelines for each agency to 

9 use in developing a plan to deploy plug-in elec10 tric drive vehicles. 

11 (2) AGENCY RESPONSES.—Each agency that 

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

13 (A) collect information on the vehicle fleet 

14 of the agency in response to the information re15 quest described in paragraph (1); and 

16 (B) develop a plan to deploy plug-in elec17 tric drive vehicles. 

18 (3) ANALYSIS OF RESPONSES.—The Federal 

19 Energy Management Program shall— 

20 (A) analyze the information submitted by 

21 each agency under paragraph (2); 

22 (B) approve or suggest amendments to the 

23 plan of each agency to ensure that the plan is 

24 consistent with the goals and requirements of 

25 this Act; and 


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1 (C) submit a plan to Congress and the 

2 General Services Administration to be used in 

3 developing the pilot program described in sub4 section (e). 

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

6 Government shall include plug-in electric drive vehicle pur7 chases identified in the report under subsection (b) in the 

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

9 United States Government submitted by the President 

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

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

12 DRIVE VEHICLES IN THE FEDERAL FLEET.— 

13 (1) IN GENERAL.—The Administrator of Gen14 eral Services shall acquire plug-in electric drive vehi15 cles and the requisite charging infrastructure to be 

16 deployed in a range of locations in the Federal fleet 

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

18 enactment of this Act. 

19 (2) DATA COLLECTION.—The Administrator of 

20 General Services shall collect data regarding— 

21 (A) the cost, performance, and use of plug22 in electric drive vehicles in the Federal fleet; 

23 (B) the deployment and integration of 

24 plug-in electric drive vehicles in the Federal 

25 fleet; and 


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1 (C) the contribution of plug-in electric 

2 drive vehicles in the Federal fleet toward reduc3 ing the use of fossil fuels and greenhouse gas 

4 emissions. 

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

6 date of enactment of this Act, the Administrator of 

7 General Services shall submit to the appropriate 

8 committees of Congress a report that— 

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

10 drive vehicles in the Federal fleet; and 

11 (B) includes an analysis of the data col12 lected under this subsection. 

13 (4) PUBLIC WEBSITE.—The Federal Energy 

14 Management Program shall maintain and regularly 

15 update a publicly available website that provides in16 formation on the status of plug-in electric vehicles in 

17 the Federal fleet. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated for the Federal Government 

20 to pay for incremental costs to purchase or lease plug21 in electric drive vehicles and the requisite charging infra22 structure for Federal fleets $25,000,000. 

23 SEC. 10. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

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

25 date of enactment of this Act, as part of the program deVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 scribed in section 1008 of the Energy Policy Act of 2005 

2 (42 U.S.C. 16396), the Secretary shall establish the Ad3 vanced Batteries for Tomorrow Prize to competitively 

4 award cash prizes in accordance with this section to ad5 vance the research, development, demonstration, and com6 mercial application of a 500-mile vehicle battery. 

7 (b) BATTERY SPECIFICATIONS.— 

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

9 a battery submitted by an entrant shall be— 

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

11 vehicle authorized to travel on the United 

12 States Federal-aid system of highways for at 

13 least 500 miles before recharging; 

14 (B) of a size that would not be cost-prohib15 itive or create space constraints, if mass-pro16 duced; and 

17 (C) cost-effective (measured in cost per kil18 owatt hour), if mass-produced. 

19 (2) ADDITIONAL REQUIREMENTS.—The Sec20 retary, in consultation with the Committee, shall es21 tablish any additional battery specifications that the 

22 Secretary and the Committee determine to be nec23 essary. 

24 (c) PRIVATE FUNDS.— 


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

2 and notwithstanding section 3302 of title 31, United 

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

4 use funds contributed by any person, government 

5 entity, or organization for purposes of carrying out 

6 this subsection— 

7 (A) without further appropriation; and 

8 (B) without fiscal year limitation. 

9 (2) RESTRICTION ON PARTICIPATION.—An enti10 ty providing private funds for the Prize may not 

11 participate in the competition for the Prize. 

12 (d) TECHNICAL REVIEW.—The Secretary, in con13 sultation with the Committee, shall establish a technical 

14 review committee composed of non-Federal officers to re15 view data submitted by Prize entrants under this section 

16 and determine whether the data meets the prize specifica17 tions described in subsection (b). 

18 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

19 may select, on a competitive basis, a third party to admin20 ister awards provided under this section. 

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

22 this section— 

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

24 shall be incorporated in and maintain a primary 

25 place of business in the United States; and 


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1 (2) in the case of an individual (whether par2 ticipating as a single individual or in a group), the 

3 individual shall be a citizen or lawful permanent 

4 resident of the United States. 

5 (g) AWARD AMOUNTS.— 

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

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

8 Prize shall be $10,000,000. 

9 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

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

11 the Secretary, in consultation with the technical re12 view committee established under subsection (d), 

13 may award cash prizes in recognition of break14 through achievements in research, development, 

15 demonstration, and commercial application of activi16 ties described in subsection (b). 

17 (h) 500-MILE BATTERY AWARD FUND.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Treasury of the United States a fund to be 

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

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

22 by the Secretary, to be available without fiscal year 

23 limitation and subject to appropriation, to award 

24 amounts under this section. 


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

2 consist of— 

3 (A) such amounts as are appropriated to 

4 the Fund under subsection (i); and 

5 (B) such amounts as are described in sub6 section (c) and that are provided for the Fund. 

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

8 not be made available for any purpose other than a 

9 purposes described in subsection (a). 

10 (4) ANNUAL REPORTS.— 

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

12 after the end of each fiscal year beginning with 

13 fiscal year 2012, the Secretary shall submit a 

14 report on the operation of the Fund during the 

15 fiscal year to— 

16 (i) the Committees on Appropriations 

17 of the House of Representatives and of the 

18 Senate; 

19 (ii) the Committee on Energy and 

20 Natural Resources of the Senate; and 

21 (iii) the Committee on Energy and 

22 Commerce of the House of Representa23 tives. 


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1 (B) CONTENTS.—Each report shall in2 clude, for the fiscal year covered by the report, 

3 the following: 

4 (i) A statement of the amounts depos5 ited into the Fund. 

6 (ii) A description of the expenditures 

7 made from the Fund for the fiscal year, in8 cluding the purpose of the expenditures. 

9 (iii) Recommendations for additional 

10 authorities to fulfill the purpose of the 

11 Fund. 

12 (iv) A statement of the balance re13 maining in the Fund at the end of the fis14 cal year. 

15 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

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

17 amended— 

18 (A) by redesignating paragraphs (35) and 

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

20 (B) by redesignating the second paragraph 

21 (33) (relating to obligational authority and out22 lays requested for homeland security) as para23 graph (35); and 

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


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1 ‘‘(38) a separate statement for the 500- 

2 mile Battery Fund established under section 

3 8(h) of the ‘Electric Vehicle Deployment Act of 

4 2010’, which shall include the estimated 

5 amount of deposits into the Fund, obligations, 

6 and outlays from the Fund.’’. 

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $10,000,000. 

10 SEC. 11. RESEARCH AND DEVELOPMENT PROGRAM. 

11 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Committee, shall establish a program 

14 to fund research and development in advanced bat15 teries, electric drive vehicle components, electric 

16 drive infrastructure, and other technologies sup17 porting the development, manufacture, and deploy18 ment of electric drive vehicles and charging infra19 structure. 

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

21 funding for— 

22 (A) the development of low-cost, smart23 charging and vehicle-to-grid connectivity tech24 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) 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 $1,530,000,000, 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; and 

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

6 through 2020. 

7 SEC. 12. STUDY ON THE SUPPLY OF RAW MATERIALS. 

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

9 consultation with the Secretary and the Task Force, shall 

10 conduct a study that— 

11 (1) identifies the raw materials needed for the 

12 manufacture of plug-in electric drive vehicles, bat13 teries, and other components for plug-in electric 

14 drive vehicles, and for the infrastructure needed to 

15 support plug-in electric drive vehicles; 

16 (2) describes the primary or original sources 

17 and known reserves and resources of those raw ma18 terials; 

19 (3) assesses, in consultation with the National 

20 Academy of Sciences, the degree of risk to the man21 ufacture, maintenance, deployment, and use of plug22 in electric drive vehicles associated with the supply 

23 of those raw materials; and 

24 (4) identifies pathways to securing reliable and 

25 resilient supplies of those raw materials. 


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

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

3 shall submit to Congress a report that describes the re4 sults of the study. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this subsection 

7 $1,500,000. 

8 SEC. 13. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL 

9 ADVISORY COMMITTEE. 

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

11 Electric Drive Vehicle Technical Advisory Committee to 

12 advise the Secretary on the programs and activities under 

13 this Act. 

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

15 be to advise the Secretary on technical matters, includ16 ing— 

17 (1) the priorities for research and development; 

18 (2) means of accelerating the deployment of 

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

20 vehicles for mass market adoption; 

21 (3) the development and deployment of charg22 ing infrastructure; 

23 (4) the development of uniform codes, stand24 ards, and safety protocols for plug-in electric drive 

25 vehicles and charging infrastructure; and 


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1 (5) reporting on the competitiveness of the 

2 United States in plug-in electric drive vehicle and in3 frastructure research, manufacturing, and deploy4 ment. 

5 (c) MEMBERSHIP.— 

6 (1) MEMBERS.— 

7 (A) IN GENERAL.—The Committee shall 

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

9 25, members. 

10 (B) REPRESENTATION.—The Secretary 

11 shall appoint the members to Committee from 

12 among representatives of— 

13 (i) domestic industry; 

14 (ii) institutions of higher education; 

15 (iii) professional societies; 

16 (iv) Federal, State, and local govern17 mental agencies (including the National 

18 Laboratories); and 

19 (v) financial, transportation, labor, en20 vironmental, or other appropriate organiza21 tions, as the Secretary determines to be 

22 necessary. 

23 (2) TERMS.— 

24 (A) IN GENERAL.—The term of a Com25 mittee member shall not be longer than 3 years. 


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1 (B) STAGGERED TERMS.—The Secretary 

2 may appoint members to the Committee for dif3 fering term lengths to ensure continuity in the 

4 functioning of the Committee. 

5 (C) REAPPOINTMENTS.—A member of the 

6 Committee whose term is expiring may be re7 appointed. 

8 (3) CHAIRPERSON.—The Committee shall have 

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

10 members. 

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

12 recommendations to the Secretary on the implementation 

13 of programs and activities under this Act. 

14 (e) RESPONSE.— 

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

16 and may adopt any recommendation of the Com17 mittee under subsection (c). 

18 (2) BIENNIAL REPORT.— 

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

20 after the date of enactment of this Act and 

21 every 2 years thereafter, the Secretary shall 

22 submit to the appropriate committees of Con23 gress a report describing any new recommenda24 tions of the Committee. 


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1 (B) CONTENTS.—The report shall in2 clude— 

3 (i) a description of the manner in 

4 which the Secretary has implemented or 

5 plans to implement the recommendations 

6 of the Committee; or 

7 (ii) an explanation of the reason that 

8 a recommendation of the Committee has 

9 not been implemented. 

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

11 paragraph shall be submitted by the Secretary 

12 at the same time the President submits the 

13 budget proposal for the Department of Energy 

14 to Congress. 

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

16 annual meetings with the Hydrogen and Fuel Cell Tech17 nical Advisory Committee established by section 807 of the 

18 Energy Policy Act of 2005 (42 U.S.C. 16156) to help co19 ordinate the work and recommendations of the Commit20 tees. 

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

22 Committee the resources necessary to carry out this sec23 tion, as determined to be necessary by the Secretary. 


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1 SEC. 14. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY 

2 TASK FORCE. 

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

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

5 the Plug-in Electric Drive Vehicle Interagency Task 

6 Force, to be chaired by the Secretary and which shall con7 sist of at least 1 representative from each of— 

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

9 (2) the Council on Environmental Quality; 

10 (3) the Department of Energy; 

11 (4) the Department of Transportation; 

12 (5) the Department of Defense; 

13 (6) the Department of Commerce (including the 

14 National Institute of Standards and Technology); 

15 (7) the Environmental Protection Agency; 

16 (8) the General Services Administration; and 

17 (9) any other Federal agencies that the Presi18 dent determines to be appropriate. 

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

20 be to ensure awareness, coordination, and integration of 

21 the activities of the Federal Government relating to elec22 tric drive vehicles, including— 

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

24 development (including necessary components); 


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1 (2) the development of widely accepted smart2 grid standards and protocols for charging infrastruc3 ture; 

4 (3) the relationship of plug-in electric drive ve5 hicle charging practices to electric utility regulation; 

6 (4) the relationship of plug-in electric drive ve7 hicle deployment to system reliability and security; 

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

9 drive vehicles in the Federal, State, and local gov10 ernments and for private use; 

11 (6) the development of uniform codes, stand12 ards, and safety protocols for plug-in electric drive 

13 vehicles and charging infrastructure; and 

14 (7) the alignment of international plug-in elec15 tric drive vehicle standards. 

16 (c) ACTIVITIES.— 

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

18 the Task Force may— 

19 (A) organize workshops and conferences; 

20 (B) issue publications; and 

21 (C) create databases. 

22 (2) MANDATORY ACTIVITIES.—In carrying out 

23 this section, the Task Force shall— 

24 (A) foster the exchange of generic, non25 proprietary information and technology among 


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1 industry, academia, and the Federal Govern2 ment; 

3 (B) integrate and disseminate technical 

4 and other information made available as a re5 sult of the programs and activities under this 

6 Act; 

7 (C) support education about plug-in elec8 tric drive vehicles; 

9 (D) monitor, analyze, and report on the ef10 fects of plug-in electric drive vehicle deployment 

11 on the environment and public health, including 

12 air emissions from vehicles and electricity gen13 erating units; and 

14 (E) review and report on— 

15 (i) opportunities to use Federal pro16 grams (including laws, regulations, and 

17 guidelines) to promote the deployment of 

18 plug-in electric drive vehicles; and 

19 (ii) any barriers to the deployment of 

20 plug-in electric drive vehicles, including 

21 barriers that are attributable to Federal 

22 programs (including laws, regulations, and 

23 guidelines). 

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

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


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1 (2) provide, on request of the Task Force, ap2 propriate assistance in carrying out this section, in 

3 accordance with applicable Federal laws (including 

4 regulations). 

5 SEC. 15. PROHIBITION ON DISPOSING OF ADVANCED BAT6 TERIES IN LANDFILLS. 

7 An advanced battery from a plug-in electric drive ve8 hicle shall be disposed of in accordance with the Mercury9 Containing and Rechargeable Battery Management Act 

10 (42 U.S.C. 14301 et seq.). 

11 SEC. 16. LOAN GUARANTEES FOR ADVANCED BATTERY 

12 PURCHASES FOR USE IN STATIONARY APPLI13 CATIONS. 

14 Subtitle B of title I of the Energy Independence and 

15 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amend16 ed by adding at the end the following: 

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

18 PURCHASES. 

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

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

21 term ‘qualified automotive battery’ means a battery 

22 that— 

23 ‘‘(A) has at least 4 kilowatt hours of bat24 tery capacity; and 


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1 ‘‘(B) is designed for use in qualified plug2 in electric drive motor vehicles but is purchased 

3 for nonautomotive applications. 

4 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means— 

6 ‘‘(A) an original equipment manufacturer; 

7 ‘‘(B) an electric utility; 

8 ‘‘(C) any provider of range extension infra9 structure; or 

10 ‘‘(D) any other qualified entity, as deter11 mined by the Secretary. 

12 ‘‘(b) LOAN GUARANTEES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall guar14 antee loans made to eligible entities for the aggre15 gate purchase of not less than 200 qualified auto16 motive batteries in a calendar year that have a total 

17 minimum power rating of 1 megawatt and use ad18 vanced battery technology. 

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

20 a loan guarantee under this section, an entity pur21 chasing qualified automotive batteries with loan 

22 funds guaranteed under this section shall comply 

23 with the provisions of the Buy American Act (41 

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


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

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

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

4 is authorized to be appropriated to carry out this section 

5 $50,000,000.’’. 

6 SEC. 17. MODEL UPDATING BUILDING CODES, PERMITTING 

7 AND INSPECTION PROCESSES, AND ZONING 

8 OR PARKING RULES. 

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

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

11 and publish— 

12 (1) model building codes for the inclusion of 

13 separate circuits for charging infrastructure, as ap14 propriate, in new construction and major renova15 tions of private residences, buildings, or other struc16 tures that could provide publicly available charging 

17 infrastructure; 

18 (2) model construction permitting or inspection 

19 processes that allow for the expedited installation of 

20 charging infrastructure for purchasers of electric 

21 drive vehicles (including a permitting process that 

22 allows a vehicle purchaser to have charging infra23 structure installed the same day a vehicle is pur24 chased); and 


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

2 ordinances that— 

3 (A) facilitate the installation of publicly 

4 available charging infrastructure; and 

5 (B) allow for access to publicly available 

6 charging infrastructure. 

7 (b) OPTIONAL ADOPTION.—An applicant for selec8 tion as a deployment community under section 4 shall not 

9 be required to use the model building codes, permitting 

10 and inspection processes, or zoning, parking rules, or 

11 other ordinances described in the report published under 

12 subsection (a). 

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

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

15 Secretary shall take into account smart grid integration. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $1,000,000. 

19 SEC. 18. WORKFORCE TRAINING. 

20 (a) MAINTENANCE AND SUPPORT.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with the Committee and the Task Force, shall 

23 award grants to institutions of higher education and 

24 other qualified training and education institutions 

25 for the establishment of programs to provide trainVerDate Mar 15 2010 02:13 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 ing and education for vocational workforce develop2 ment through centers of excellence. 

3 (2) PURPOSE.—Training funded under this 

4 subsection shall be intended to ensure that the work5 force has the necessary skills needed to maintain 

6 plug-in electric drive vehicles and the infrastructure 

7 required to support plug-in electric drive vehicles. 

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

10 (A) first responders; 

11 (B) electricians and contractors who will 

12 be installing infrastructure; 

13 (C) engineers; 

14 (D) code inspection officials; and 

15 (E) dealers and mechanics. 

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

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

19 programs to provide training and education in designing 

20 plug-in electric drive vehicles and associated components 

21 and infrastructure to ensure that the United States can 

22 lead the world in this field. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary shall submit to 


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1 Congress a report on the implementation of the training 

2 programs under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $250,000,000 to carry 

5 out this section. 

Æ 


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