I 
111TH CONGRESS 
2D SESSION 
H. R. 5442 
To establish programs to accelerate, provide incentives for, and examine 
the challenges and opportunities associated with the deployment of elec-
tric drive vehicles, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 27, 2010 
Mr. MARKEY of Massachusetts (for himself, Mrs. BIGGERT, Mr. MCNERNEY, 
and Ms. ESHOO) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Oversight and Government Reform, Science and Technology, Ways 
and Means, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To establish programs to accelerate, provide incentives for, 
and examine the challenges and opportunities associated 
with the deployment of electric drive vehicles, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electric Drive Vehicle 
Deployment Act of 2010’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) DEPLOYMENT COMMUNITY.—The term ‘‘de-
ployment community’’ means an area selected by the 
Secretary under the program established under sec-
tion 3(a). Such term may include one or more mu-
nicipalities, transportation corridors that connect 
municipalities, or other geographic areas that the 
Secretary determines appropriate. 
(3) ELECTRIC
DRIVE
VEHICLE.—The term 
‘‘electric drive vehicle’’ means a vehicle that— 
(A)(i) is— 
(I) a light-duty vehicle (as that 
term is defined in section 86.1803–01 
of title 40, Code of Federal Regula-
tions, as in effect as of the date of en-
actment of this Act) that draws mo-
tive power from a battery with a ca-
pacity of at least 4 kilowatt-hours; 
(II) a heavy-duty vehicle (as that 
term is defined in section 86.1803–01 
of title 40, Code of Federal Regula-
tions, as in effect as of the date of en-
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actment of this Act) with a gross vehi-
cle weight rating greater than 8,500 
pounds and less than 14,000 pounds 
that draws motive power from a bat-
tery with a capacity of at least 10 kil-
owatt-hours; 
(III) a heavy-duty vehicle (as 
that term is defined in section 
86.1803–01 of title 40, Code of Fed-
eral Regulations, as in effect as of the 
date of enactment of this Act) with a 
gross vehicle weight rating greater 
than 14,000 pounds but less than 
33,000 pounds that draws motive 
power from a battery with a capacity 
of at least 15 kilowatt-hours; or 
(IV) a heavy duty vehicle (as that 
term is defined in section 86.1803–01 
of title 40, Code of Federal Regula-
tions, as in effect as of the date of en-
actment of this Act) with a gross vehi-
cle weight rating greater than 33,000 
pounds that draws motive power from 
a battery with a capacity of at least 
20 kilowatt-hours; and 
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(ii) can be recharged from an external 
source of electricity for motive power; or 
(B) is a motor vehicle (as that term is de-
fined in section 216 of the Clean Air Act (42 
U.S.C. 7550)) that draws its motive power from 
a fuel cell (as defined in section 803 of the 
Spark M. Matsunaga Hydrogen Act of 2005 
(42 U.S.C. 16152)). 
(4) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning given such term in section 
3(4) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2602(3)). 
(5) GROSS
VEHICLE
WEIGHT
RATING.—The 
term ‘‘gross vehicle weight rating’’ has the meaning 
given such term in section 216(7) of the Clean Air 
Act (42 U.S.C. 7550(7)). 
(6) MUNICIPALITY.—The term ‘‘municipality’’ 
has the meaning given such term in section 302(f) 
of the Clean Air Act (42 U.S.C. 7602(f)). 
(7) QUALIFIED ELECTRIC DRIVE VEHICLE COM-
PONENTS.—The term ‘‘qualified electric drive vehicle 
components’’ means components the Secretary deter-
mines are uniquely needed to produce electric drive 
vehicles. 
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(8) QUALIFIED ELECTRIC DRIVE VEHICLE IN-
FRASTRUCTURE.—The term ‘‘qualified electric drive 
vehicle infrastructure’’ means equipment and serv-
ices that— 
(A) support the electric refueling needs of 
electric drive vehicles and may be located in 
public or private locations, including street 
parking, parking garages, parking lots, homes, 
gas stations, and highway rest stops; and 
(B) serve smart grid functions, as defined 
in section 1306(d) the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17386), 
that will optimize the integration of electric 
drive vehicles into the electric grid. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. TARGETED ELECTRIC DRIVE VEHICLES DEPLOY-
MENT COMMUNITIES PROGRAM. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a competitive program to provide financial 
assistance to be used as described under subsection 
(d), consistent with the goals under subsection (b), 
for purposes of deploying electric drive vehicles in 
deployment communities. 
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(2) PHASE 1.—The Secretary shall, not later 
than 12 months after the date of enactment of this 
Act, based upon applications for financial assistance 
received pursuant to subsection (c), select 5 deploy-
ment communities for the first phase of the program 
established under paragraph (1). 
(b) GOALS.—The goals of the program established 
under subsection (a)(1) shall be— 
(1) to facilitate the rapid near-term deployment 
of electric drive vehicles in deployment communities, 
deploying at least 700,000 electric drive vehicles 
total in deployment communities not later than 6 
years after the date of enactment of this Act; 
(2) to demonstrate the viability of a vehicle- 
based transportation system that reduces depend-
ence on petroleum-based fuel and contributes to re-
ducing emissions of carbon dioxide; 
(3) to facilitate the integration of advanced ve-
hicle technologies into deployment communities while 
optimizing electric grid system performance and reli-
ability; 
(4) to demonstrate the potential— 
(A) benefits of coordinated investments in 
vehicle electrification and infrastructure on per-
sonal mobility; and 
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(B) reduction of emissions of greenhouse 
gases and criteria air pollutants from vehicle 
electrification and infrastructure; 
(5) to demonstrate protocols and standards that 
facilitate vehicle integration into the electric grid, in-
cluding demonstration of the use of qualified electric 
drive vehicle infrastructure; 
(6) to increase understanding of the primary re-
gional differences and varying regulatory environ-
ments that impact electric drive vehicle market pene-
tration and establish best practices for addressing 
deployment barriers to electric drive vehicles; and 
(7) to increase understanding of consumers’ ve-
hicle charging and other electric drive vehicle infra-
structure needs and establish best practices to meet 
such needs. 
(c) APPLICATIONS.—Any State, Indian tribe, or local 
government (or group of State, Indian tribe, or local gov-
ernments) may apply to the Secretary for financial assist-
ance to be used as described in subsection (d) in deploy-
ment communities. Such applications may be jointly spon-
sored by electric utilities, automobile manufacturers, tech-
nology providers, car sharing companies or organizations, 
third party electric drive vehicle service providers, or other 
persons or entities. 
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(d) USE OF FUNDS.—Pursuant to applications re-
ceived under subsection (c), the Secretary may make fi-
nancial assistance under the program established under 
subsection (a) available to any applicant or joint sponsor 
of the application to be used for any of the following: 
(1) Assisting persons located in the deployment 
community, consistent with subsections (g) and (h). 
(2) Supporting the use of electric drive vehicles 
by funding projects for any of the following: 
(A) Planning and deployment of qualified 
electric drive vehicle infrastructure. 
(B) Updating building codes, inspections 
related to the installation of electric drive vehi-
cle charging infrastructure, and updating zon-
ing for such infrastructure. 
(C) Converting government fleets to elec-
tric drive vehicles. 
(e) PROGRAM REQUIREMENTS.—The Secretary, in 
consultation with the Administrator and the Secretary of 
Transportation, shall, not later than 6 months after the 
date of enactment of this Act, determine the requirements 
for the program established under subsection (a), includ-
ing the following: 
(1) Criteria for evaluating applications sub-
mitted under subsection (c), consistent with sub-
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section (f), including the anticipated ability of appli-
cants to promote deployment and market penetra-
tion of electric drive vehicles. 
(2) Data regarding deployment communities, 
and the electric drive vehicles and qualified electric 
drive vehicle infrastructure in such deployment com-
munities, required for collection, analysis, and eval-
uation of the challenges and opportunities associated 
with the widespread deployment of electric drive ve-
hicles. 
(3) Metrics of success for deployment commu-
nities. 
(4) Reporting requirements for entities that re-
ceive financial assistance under this section, includ-
ing a comprehensive set of performance data charac-
terizing the results of the program in the deploy-
ment community. 
(f) CRITERIA FOR EVALUATING APPLICATIONS.—The 
Secretary shall require that applications under subsection 
(c) include the following: 
(1) A plan to promote, market, and support the 
deployment of electric drive vehicles in a deployment 
community, through the deployment of consumer ve-
hicles, and, as appropriate, private or public fleets. 
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(2) The role of each stakeholder participating 
in the deployment of electric drive vehicles in the de-
ployment community, and an indication of how the 
financial assistance applied for will be used in the 
deployment community. 
(3) The number of electric drive vehicles pro-
jected to be deployed in the deployment community 
during the first phase of the program established 
under subsection (a). 
(4) A strategy for developing program partici-
pation among residents of the deployment commu-
nity and a plan that demonstrates high likelihood 
that the deployment community will procure and de-
ploy the projected number of electric drive vehicles. 
(5) A deployment and financing plan for pub-
licly available electric drive vehicle charging infra-
structure that includes a policy on cost sharing, 
methodology for determining the number and place-
ment of such infrastructure, and ensures use of 
open, non-proprietary standards that maximize 
interoperability with Smart Grid technologies. 
(6) Verification that building codes within the 
proposed deployment community appropriately ac-
commodate electric drive vehicle charging infrastruc-
ture for new construction and major upgrades or 
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evidence of a clear plan to update such codes before 
or during the period of financial assistance. 
(7) Verification that zoning, parking rules, or 
other local ordinances have been updated or will be 
updated as necessary to facilitate the installation of 
publicly available electric drive vehicle charging in-
frastructure, where appropriate. 
(8) Mechanisms to increase individual consumer 
benefits consistent with subsection (h). 
(9) The extent to which electric utilities in the 
deployment community have or plan to update poli-
cies— 
(A) that— 
(i) reflect rate structures that benefit 
consumers who charge electric drive vehi-
cles off-peak; or 
(ii) with respect to any deployment 
community with a competitive retail regu-
latory regime, will make electric drive vehi-
cle charging services available to con-
sumers; 
(B) that take into account potential im-
pacts to the local electric distribution system or 
the electric grid from the incremental electric 
energy used to charge electric drive vehicles; 
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(C) that utilize information technologies to 
minimize effects of charging electric drive vehi-
cles on the local electric distribution system or 
electric grid; 
(D) that relate to Smart Grid technologies 
for electric drive vehicle charging purposes, in-
cluding those that allow 2-way communication 
of electric energy movement (to prepare for ve-
hicle-to-grid applications); and 
(E) encourage electric energy conservation 
and reduction in peak demand by making con-
sumer electric energy or charging service price 
and usage information available to consumers. 
(g) PRIORITY.—The Secretary shall give preference 
to applications for financial assistance under subsection 
(c) that— 
(1) are jointly sponsored by entities that share 
interest in the deployment of electric drive vehicles; 
(2) project the greatest reduction in dependency 
on petroleum as fuel and carbon dioxide emissions, 
in proportion to the amount of petroleum used as 
fuel and carbon dioxide emitted by the proposed de-
ployment community; 
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(3) for at least one deployment community, in-
clude a demonstration of the deployment of heavy- 
duty electric drive vehicles; 
(4) include a plan to provide additional State, 
Indian tribe, local governmental, or private incen-
tives for the deployment of electric drive vehicles; 
(5) best demonstrate the ability of the deploy-
ment community to deploy the targeted number of 
electric drive vehicles; 
(6) are most likely to yield information that in-
forms and assists with the large-scale deployment of 
electric drive vehicles in different regions and regu-
latory regimes of the United States; and 
(7) are submitted for deployment communities 
that are located in proximity to other areas to which 
electric drive vehicle deployment could be expanded. 
(h) CONSUMER BENEFITS.—As part of the amounts 
authorized under subsection (k), the Secretary shall en-
sure that each recipient of financial assistance for a de-
ployment community provides a minimum of $2,000 in 
benefits to each of the first 100,000 consumers who reside 
in the deployment community who purchase electric drive 
vehicles. Such benefits may not be used to offset the costs 
of any other benefit in effect in the deployment community 
as of the date of enactment of this Act, and may include— 
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(1) rebates of portions of the costs of pur-
chasing electric drive vehicles; 
(2) rebates of portions of the costs of permit-
ting, purchasing, or installing home electric drive ve-
hicle charging stations; 
(3) rebates of State or local sales taxes for pur-
chasing electric drive vehicles; 
(4) rebates of the incremental electric energy 
costs associated with charging electric drive vehicles; 
(5) rebates of the costs of State or local toll 
road access charges; 
(6) rebates of the costs of parking electric drive 
vehicles; and 
(7) any other benefit that the Secretary deter-
mines is appropriate and likely to incentivize the 
purchase of electric drive vehicles. 
(i) INFORMATION CLEARINGHOUSE.—The Secretary 
shall, as part of the program established pursuant to sub-
section (a)(1), collect and, as promptly as practicable, 
make available to the public information regarding the 
cost, performance, and other technical data regarding the 
deployment and integration of electric drive vehicles. 
(j) REPORTS.— 
(1) PHASE 1 UPDATE AND PHASE 2 PLAN.—Not 
later than 4 years after the date of enactment of 
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this Act, the Secretary shall submit to Congress a 
report— 
(A) describing the status of the deployment 
communities for which financial assistance is 
provided under the program established under 
subsection (a)(1); 
(B) describing, analyzing, and evaluating 
the data collected under the first phase of the 
program established under subsection (a)(1); 
(C) assessing the first phase of the pro-
gram established under subsection (a)(1); and 
(D) describing a plan for the second phase 
of the program established under subsection 
(a)(1), including— 
(i) how many additional deployment 
communities should be selected for further 
deployment activities and incentives; 
(ii) how criteria for selection of de-
ployment communities should be updated; 
(iii) how incentive structures for the 
deployment of electric drive vehicles should 
be changed; and 
(iv) a request for funding to imple-
ment such second phase. 
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(2) PHASE 1 RESULTS.—Not later than 6 years 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a report assessing 
the first phase of the program established under 
subsection (a)(1). 
(k) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out this section $800,000,000 for each 
recipient of financial assistance for a deployment commu-
nity, to be expended within 5 years of the date of the re-
ceipt of funds. 
SEC. 4. MODIFICATION OF CREDIT FOR ALTERNATIVE 
FUEL VEHICLE REFUELING PROPERTY FOR 
VEHICLES POWERED BY ELECTRICITY. 
(a) SPECIAL RULES
FOR PROPERTY PLACED
IN 
SERVICE BEFORE JANUARY 1, 2017.—Subsection (e) of 
section 30C of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new para-
graph: 
‘‘(7) PROPERTY
FOR
RECHARGING
VEHICLES 
POWERED BY ELECTRICITY.—In the case of property 
placed in service after December 31, 2010, and be-
fore January 1, 2017, which relates to electricity— 
‘‘(A) subsection (a) shall be applied by 
substituting ‘50 percent’ for ‘30 percent’, 
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‘‘(B) subsection (b)(1) shall be applied by 
substituting ‘$50,000’ for ‘$30,000’, and 
‘‘(C) subsection (b)(2) shall be applied by 
substituting ‘$2,000’ for ‘$1,000’.’’. 
(b) INSTALLATION COSTS.—Subsection (e) of section 
30C of such Code, as amended by subsection (a), is 
amended by adding at the end the following: 
‘‘(8) INSTALLATION COSTS.—The cost of any 
qualified alternative fuel vehicle refueling property 
which relates to electricity shall include the cost of 
the original installation of such property.’’. 
(c) TERMINATION OF CREDIT.—Subsection (g) of 
section 30C of such Code is amended by striking ‘‘and’’ 
at the end of paragraph (1), by redesignating paragraph 
(2) as paragraph (3), and by inserting after paragraph 
(1) the following new paragraph: 
‘‘(2) in the case of property relating to elec-
tricity, after December 31, 2016, and’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2010. 
SEC. 5. ELECTRIC VEHICLE REFUELING PROPERTY TAX 
CREDIT BONDS. 
(a) IN GENERAL.—Paragraph (1) of section 54A(d) 
of the Internal Revenue Code of 1986 is amended by strik-
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term ‘qualified electric vehicle refueling property bond’ 
means any bond issued as part of an issue if— 
‘‘(1) 100 percent of the available project pro-
ceeds of such issue are to be used for capital expend-
itures incurred by a qualified issuer for 1 or more 
qualified electric vehicle refueling properties, 
‘‘(2) the bond is issued by a qualified issuer, 
and 
‘‘(3) the issuer designates such bond for pur-
poses of this section. 
‘‘(b) REDUCED CREDIT AMOUNT.—Notwithstanding 
paragraph (2) of section 54A(b), the annual credit deter-
mined with respect to any qualified electric vehicle refuel-
ing property bond is 70 percent of the amount which 
would (but for this subsection) otherwise be determined 
under such paragraph with respect to such bond. 
‘‘(c) LIMITATION
ON AMOUNT
OF BONDS DES-
IGNATED.—The maximum aggregate face amount of 
bonds which may be designated under subsection (a) by 
any issuer shall not exceed the limitation amount allocated 
to such issuer under subsection (e). 
‘‘(d) NATIONAL LIMITATION ON AMOUNT OF BONDS 
DESIGNATED.—There is a national qualified electric vehi-
cle refueling property bond limitation of $100,000,000. 
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‘‘(e) ALLOCATIONS.—The Secretary shall make allo-
cations of the amount of the national qualified electric ve-
hicle refueling property bond limitation described in sub-
section (d) among purposes described in subsection (a)(1) 
in such manner as the Secretary determines appropriate. 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFIED ELECTRIC VEHICLE REFUEL-
ING PROPERTY.—The term ‘qualified electric vehicle 
refueling property’ means any qualified alternative 
fuel vehicle refueling property (within the meaning 
of section 30C) which relates to electricity. 
‘‘(2) QUALIFIED ISSUER.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
issuer’ means a public power provider, a cooper-
ative electric company, or a governmental body. 
‘‘(B) GOVERNMENTAL
BODY.—The term 
‘governmental body’ means any State or Indian 
tribal government, or any political subdivision 
thereof. 
‘‘(C) PUBLIC
POWER
PROVIDER.—The 
term ‘public power provider’ means a State util-
ity that has a service obligation to end-users or 
to a distribution utility (within the meaning of 
section 217 of the Federal Power Act, as in ef-
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fect on the date of the enactment of this sec-
tion). 
‘‘(D) COOPERATIVE ELECTRIC COMPANY.— 
The term ‘cooperative electric company’ means 
a mutual or cooperative electric company de-
scribed in section 501(c)(12) or an organization 
described in section 1381(a)(2)(C).’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for subpart I of part IV of subchapter A of chapter 1 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new item: 
‘‘Sec. 54G. Qualified electric vehicle refueling property bonds.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after the date 
of the enactment of this Act. 
SEC. 6. ELECTRIC DRIVE VEHICLE INFRASTRUCTURE 
PLANNING. 
(a) AMENDMENT OF PURPA.—Section 111(d) of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2621(d)) is amended by adding at the end the following: 
‘‘(20) ELECTRIC DRIVE VEHICLE INFRASTRUC-
TURE.— 
‘‘(A) UTILITY
PLAN
FOR
INFRASTRUC-
TURE.—Each electric utility shall develop a 
plan to support the use of electric drive vehi-
cles, including heavy-duty electric drive vehicles. 
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Each such plan shall provide for the deploy-
ment of the charging infrastructure or other in-
frastructure necessary to adequately support 
the use of electric drive vehicles, and shall pro-
vide for, as appropriate, the support needed to 
enable the competitive installation, operation, or 
provision of electric drive vehicle charging serv-
ices. The plan may provide for deployment of 
electric drive vehicle charging stations in public 
or private locations, including street parking, 
parking garages, parking lots, homes, gas sta-
tions, and highway rest stops. Any such plan 
may also include— 
‘‘(i) rapid charging infrastructure, in-
cluding fast charging and battery ex-
change, and other services; 
‘‘(ii) triggers for charging infrastruc-
ture deployment based upon market pene-
tration of electric drive vehicles; 
‘‘(iii) distribution system upgrades to 
accommodate requirements of electric drive 
vehicle charging; and 
‘‘(iv) such other elements as the State 
regulatory authority (in the case of each 
electric utility for which is has ratemaking 
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authority) or utility (in the case of a non-
regulated utility) determines necessary to 
support electric drive vehicles. 
‘‘(B) 
SUPPORT
REQUIREMENTS.—Each 
State regulatory authority (in the case of each 
electric utility for which it has ratemaking au-
thority) and each utility (in the case of a non-
regulated utility) shall— 
‘‘(i) require that electric drive vehicle 
charging infrastructure deployed complies 
with any applicable Federal standard and 
is interoperable with the applicable prod-
ucts of all auto manufacturers, to the ex-
tent possible; 
‘‘(ii) consider adopting minimum re-
quirements for deployment of electric drive 
vehicle charging infrastructure and other 
appropriate requirements necessary to sup-
port the use of electric drive vehicles; 
‘‘(iii) consider adopting requirements 
to ensure the ability of each electric drive 
vehicle to be identified and billed for elec-
tric charging costs individually; and 
‘‘(iv) assess the system benefits of 
widespread deployment of electric drive ve-
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hicles associated with predominantly off- 
peak electric drive vehicle charging. 
‘‘(C) COST RECOVERY.—Each State regu-
latory authority (in the case of each electric 
utility for which it has ratemaking authority) 
and each utility (in the case of a nonregulated 
utility) shall consider whether, and to what ex-
tent, to allow cost recovery for plans under sub-
paragraph (A) and implementation of such 
plans. 
‘‘(D) SMART
GRID
INTEGRATION.—Each 
State regulatory authority (in the case of each 
electric utility for which it has ratemaking au-
thority) and each utility (in the case of a non-
regulated utility) shall, in accordance with ac-
tions taken by the Commission pursuant to sec-
tion 1305(d) of the Energy Independence and 
Security Act of 2007— 
‘‘(i) establish any appropriate proto-
cols and standards for integrating electric 
drive vehicles into an electric distribution 
system, including smart grid systems and 
devices as described in title XIII of the 
Energy Independence and Security Act of 
2007; 
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