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paragraph (A) or (B) of paragraph (1) for a fiscal 
year, effective beginning on August 1 of the fiscal 
year, the Administrator shall make the remaining 
funds available to other qualified grant applicants 
under this section. 
(j) REDUCTION
OF SCHOOL BUS IDLING.—Each 
local educational agency (as defined in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801)) that receives Federal funds under the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.) is encouraged to develop a policy, consistent 
with the health, safety, and welfare of students and the 
proper operation and maintenance of school buses, to re-
duce the incidence of unnecessary school bus idling at 
schools when picking up and unloading students. 
(k) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than January 31 
of each year, the Administrator shall transmit to 
Congress a report evaluating implementation of the 
programs under this section and section 743. 
(2) COMPONENTS.—The reports shall include a 
description of— 
(A) the total number of grant applications 
received;
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(B) the number and types of alternative 
fuel school buses, ultra-low sulfur diesel fuel 
school buses, and retrofitted buses requested in 
grant applications; 
(C) grants awarded and the criteria used 
to select the grant recipients; 
(D) certified engine emission levels of all 
buses purchased or retrofitted under the pro-
grams under this section and section 743; 
(E) an evaluation of the in-use emission 
level of buses purchased or retrofitted under the 
programs under this section and section 743; 
and 
(F) any other information the Adminis-
trator considers appropriate. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section, to remain available until ex-
pended— 
(1) $45,000,000 for fiscal year 2005; 
(2) $65,000,000 for fiscal year 2006; 
(3) $90,000,000 for fiscal year 2007; and 
(4) such sums as are necessary for each of fis-
cal years 2008 and 2009.
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SEC. 743. DIESEL RETROFIT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator, in con-
sultation with the Secretary, shall establish a program for 
awarding grants on a competitive basis to entities for the 
installation of retrofit technologies for diesel school buses. 
(b) ELIGIBLE RECIPIENTS.—A grant shall be award-
ed under this section only— 
(1) to a local or State governmental entity re-
sponsible for providing school bus service to 1 or 
more public school systems; 
(2) to 1 or more contracting entities that pro-
vide school bus service to 1 or more public school 
systems, if the grant application is submitted jointly 
with the 1 or more school systems that the buses 
will serve, except that the application may provide 
that buses purchased using funds awarded shall be 
owned, operated, and maintained exclusively by the 
1 or more contracting entities; or 
(3) to a nonprofit school transportation associa-
tion representing private contracting entities, if the 
association has notified and received approval from 
the 1 or more school systems to be served by the 
buses. 
(c) AWARDS.— 
(1) IN
GENERAL.—The Administrator shall 
seek, to the maximum extent practicable, to ensure
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a broad geographic distribution of grants under this 
section. 
(2) PREFERENCES.—In making awards of 
grants under this section, the Administrator shall 
give preference to proposals that— 
(A) will achieve the greatest reductions in 
emissions of nonmethane hydrocarbons, oxides 
of nitrogen, or particulate matter per proposal 
or per bus; or 
(B) involve the use of emissions control 
retrofit technology on diesel school buses that 
operate solely on ultra-low sulfur diesel fuel. 
(d) CONDITIONS OF GRANT.—A grant shall be pro-
vided under this section on the conditions that— 
(1) buses on which retrofit emissions-control 
technology are to be demonstrated— 
(A) will operate on ultra-low sulfur diesel 
fuel where such fuel is reasonably available or 
required for sale by State or local law or regula-
tion; 
(B) were manufactured in model year 1991 
or later; and 
(C) will be used for the transportation of 
school children to and from school for a min-
imum of 5 years;
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(2) grant funds will be used for the purchase of 
emission control retrofit technology, including State 
taxes and contract fees; and 
(3) grant recipients will provide at least 15 per-
cent of the total cost of the retrofit, including the 
purchase of emission control retrofit technology and 
all necessary labor for installation of the retrofit. 
(e) VERIFICATION.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall 
publish in the Federal Register procedures to verify— 
(1) the retrofit emissions-control technology to 
be demonstrated; 
(2) that buses powered by ultra-low sulfur die-
sel fuel on which retrofit emissions-control tech-
nology are to be demonstrated will operate on diesel 
fuel containing not more than 15 parts per million 
of sulfur; and 
(3) that grants are administered in accordance 
with this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section, to remain available until ex-
pended— 
(1) $20,000,000 for fiscal year 2005; 
(2) $35,000,000 for fiscal year 2006;
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(3) $45,000,000 for fiscal year 2007; and 
(4) such sums as are necessary for each of fis-
cal years 2008 and 2009. 
SEC. 744. FUEL CELL SCHOOL BUSES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program for entering into cooperative agreements— 
(1) with private sector fuel cell bus developers 
for the development of fuel cell-powered school 
buses; and 
(2) subsequently, with not less than 2 units of 
local government using natural gas-powered school 
buses and such private sector fuel cell bus developers 
to demonstrate the use of fuel cell-powered school 
buses. 
(b) COST SHARING.—The non-Federal contribution 
for activities funded under this section shall be not less 
than— 
(1) 20 percent for fuel infrastructure develop-
ment activities; and 
(2) 50 percent for demonstration activities and 
for development activities not described in paragraph 
(1). 
(c) REPORTS TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, the Secretary shall 
transmit to Congress a report that—
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(1) evaluates the process of converting natural 
gas infrastructure to accommodate fuel cell-powered 
school buses; and 
(2) assesses the results of the development and 
demonstration program under this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $25,000,000 for the period of fiscal years 
2004 through 2006. 
Subtitle D—Miscellaneous 
SEC. 751. RAILROAD EFFICIENCY. 
(a) ESTABLISHMENT.—The Secretary of Energy 
shall, in cooperation with the Secretary of Transportation 
and the Administrator of the Environmental Protection 
Agency, establish a cost-shared, public-private research 
partnership involving the Federal Government, railroad 
carriers, locomotive manufacturers and equipment sup-
pliers, and the Association of American Railroads, to de-
velop and demonstrate railroad locomotive technologies 
that increase fuel economy, reduce emissions, and lower 
costs of operation. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section— 
(1) $25,000,000 for fiscal year 2005;
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(2) $35,000,000 for fiscal year 2006; and 
(3) $50,000,000 for fiscal year 2007. 
SEC. 752. MOBILE EMISSION REDUCTIONS TRADING AND 
CREDITING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall submit to Con-
gress a report on the experience of the Administrator with 
the trading of mobile source emission reduction credits for 
use by owners and operators of stationary source emission 
sources to meet emission offset requirements within a non-
attainment area. 
(b) CONTENTS.—The report shall describe— 
(1) projects approved by the Administrator that 
include the trading of mobile source emission reduc-
tion credits for use by stationary sources in com-
plying with offset requirements, including a descrip-
tion of— 
(A) project and stationary sources location; 
(B) volumes of emissions offset and trad-
ed; 
(C) the sources of mobile emission reduc-
tion credits; and 
(D) if available, the cost of the credits;
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(2) the significant issues identified by the Ad-
ministrator in consideration and approval of trading 
in the projects; 
(3) the requirements for monitoring and assess-
ing the air quality benefits of any approved project; 
(4) the statutory authority on which the Admin-
istrator has based approval of the projects; 
(5) an evaluation of how the resolution of issues 
in approved projects could be used in other projects; 
and 
(6) any other issues that the Administrator con-
siders relevant to the trading and generation of mo-
bile source emission reduction credits for use by sta-
tionary sources or for other purposes. 
SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration and the Administrator of 
the Environmental Protection Agency shall jointly initiate 
a study to identify— 
(1) the impact of aircraft emissions on air qual-
ity in nonattainment areas; and 
(2) ways to promote fuel conservation measures 
for aviation to— 
(A) enhance fuel efficiency; and
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(B) reduce emissions. 
(b) FOCUS.—The study under subsection (a) shall 
focus on how air traffic management inefficiencies, such 
as aircraft idling at airports, result in unnecessary fuel 
burn and air emissions. 
(c) REPORT.—Not later than 1 year after the date 
of the initiation of the study under subsection (a), the Ad-
ministrator of the Federal Aviation Administration and 
the Administrator of the Environmental Protection Agen-
cy shall jointly submit to the Committee on Energy and 
Commerce and the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that— 
(1) describes the results of the study; and 
(2) includes any recommendations on ways in 
which unnecessary fuel use and emissions affecting 
air quality may be reduced— 
(A) without adversely affecting safety and 
security and increasing individual aircraft noise; 
and 
(B) while taking into account all aircraft 
emissions and the impact of the emissions on 
human health.
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SEC. 754. DIESEL FUELED VEHICLES. 
(a) DEFINITION OF TIER 2 EMISSION STANDARDS.— 
In this section, the term ‘‘tier 2 emission standards’’ 
means the motor vehicle emission standards that apply to 
passenger cars, light trucks, and larger passenger vehicles 
manufactured after the 2003 model year, as issued on 
February 10, 2000, by the Administrator of the Environ-
mental Protection Agency under sections 202 and 211 of 
the Clean Air Act (42 U.S.C. 7521, 7545). 
(b) DIESEL COMBUSTION AND AFTER-TREATMENT 
TECHNOLOGIES.—The Secretary of Energy shall accel-
erate efforts to improve diesel combustion and after-treat-
ment technologies for use in diesel fueled motor vehicles. 
(c) GOALS.—The Secretary shall carry out subsection 
(b) with a view toward achieving the following goals: 
(1) Developing and demonstrating diesel tech-
nologies that, not later than 2010, meet the fol-
lowing standards: 
(A) Tier 2 emission standards. 
(B) The heavy-duty emissions standards of 
2007 that are applicable to heavy-duty vehicles 
under regulations issued by the Administrator 
of the Environmental Protection Agency as of 
the date of enactment of this Act. 
(2) Developing the next generation of low-emis-
sion, high efficiency diesel engine technologies, in-
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cluding homogeneous charge compression ignition 
technology. 
SEC. 755. CONSERVE BY BICYCLING PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) PROGRAM.—The term ‘‘program’’ means 
the Conserve by Bicycling Program established by 
subsection (b). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) ESTABLISHMENT.—There is established within 
the Department of Transportation a program to be known 
as the ‘‘Conserve by Bicycling Program’’. 
(c) PROJECTS.— 
(1) IN GENERAL.—In carrying out the program, 
the Secretary shall establish not more than 10 pilot 
projects that are— 
(A) dispersed geographically throughout 
the United States; and 
(B) designed to conserve energy resources 
by encouraging the use of bicycles in place of 
motor vehicles. 
(2) REQUIREMENTS.—A pilot project described 
in paragraph (1) shall— 
(A) use education and marketing to con-
vert motor vehicle trips to bicycle trips;
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(B) document project results and energy 
savings (in estimated units of energy con-
served); 
(C) facilitate partnerships among inter-
ested parties in at least 2 of the fields of— 
(i) transportation; 
(ii) law enforcement; 
(iii) education; 
(iv) public health; 
(v) environment; and 
(vi) energy; 
(D) maximize bicycle facility investments; 
(E) demonstrate methods that may be 
used in other regions of the United States; and 
(F) facilitate the continuation of ongoing 
programs that are sustained by local resources. 
(3) COST SHARING.—At least 20 percent of the 
cost of each pilot project described in paragraph (1) 
shall be provided from State or local sources. 
(d) ENERGY AND BICYCLING RESEARCH STUDY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall enter into a contract with the National Acad-
emy of Sciences for, and the National Academy of 
Sciences shall conduct and submit to Congress a re-
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port on, a study on the feasibility of converting 
motor vehicle trips to bicycle trips. 
(2) COMPONENTS.—The study shall— 
(A) document the results or progress of 
the pilot projects under subsection (c); 
(B) determine the type and duration of 
motor vehicle trips that people in the United 
States may feasibly make by bicycle, taking into 
consideration factors such as— 
(i) weather; 
(ii) land use and traffic patterns; 
(iii) the carrying capacity of bicycles; 
and 
(iv) bicycle infrastructure; 
(C) determine any energy savings that 
would result from the conversion of motor vehi-
cle trips to bicycle trips; 
(D) include a cost-benefit analysis of bicy-
cle infrastructure investments; and 
(E) include a description of any factors 
that would encourage more motor vehicle trips 
to be replaced with bicycle trips. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry
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out this section $6,200,000, to remain available until ex-
pended, of which— 
(1) $5,150,000 shall be used to carry out pilot 
projects described in subsection (c); 
(2) $300,000 shall be used by the Secretary to 
coordinate, publicize, and disseminate the results of 
the program; and 
(3) $750,000 shall be used to carry out sub-
section (d). 
SEC. 756. REDUCTION OF ENGINE IDLING OF HEAVY-DUTY 
VEHICLES. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ADVANCED TRUCK STOP ELECTRIFICATION 
SYSTEM.—The term ‘‘advanced truck stop elec-
trification system’’ means a stationary system that 
delivers heat, air conditioning, electricity, and com-
munications, and is capable of providing verifiable 
and auditable evidence of use of those services, to a 
heavy-duty vehicle and any occupants of the heavy- 
duty vehicle without relying on components mounted 
onboard the heavy-duty vehicle for delivery of those 
services.
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(3) AUXILIARY POWER UNIT.—The term ‘‘auxil-
iary power unit’’ means an integrated system that— 
(A) provides heat, air conditioning, engine 
warming, and electricity to the factory-installed 
components on a heavy-duty vehicle as if the 
main drive engine of the heavy-duty vehicle 
were running; and 
(B) is certified by the Administrator under 
part 89 of title 40, Code of Federal Regulations 
(or any successor regulation), as meeting appli-
cable emission standards. 
(4) HEAVY-DUTY VEHICLE.—The term ‘‘heavy- 
duty vehicle’’ means a vehicle that— 
(A) has a gross vehicle weight rating great-
er than 12,500 pounds; and 
(B) is powered by a diesel engine. 
(5) IDLE REDUCTION TECHNOLOGY.—The term 
‘‘idle reduction technology’’ means an advanced 
truck stop electrification system, auxiliary power 
unit, or other device or system of devices that— 
(A) is used to reduce long-duration idling 
of a heavy-duty vehicle; and 
(B) allows for the main drive engine or 
auxiliary refrigeration engine of a heavy-duty 
vehicle to be shut down.
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(6) LONG-DURATION IDLING.— 
(A) IN GENERAL.—The term ‘‘long-dura-
tion idling’’ means the operation of a main 
drive engine or auxiliary refrigeration engine of 
a heavy-duty vehicle, for a period greater than 
15 consecutive minutes, at a time at which the 
main drive engine is not engaged in gear. 
(B) EXCLUSIONS.—The term ‘‘long-dura-
tion idling’’ does not include the operation of a 
main drive engine or auxiliary refrigeration en-
gine of a heavy-duty vehicle during a routine 
stoppage associated with traffic movement or 
congestion. 
(b) IDLE REDUCTION TECHNOLOGY BENEFITS, PRO-
GRAMS, AND STUDIES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Administrator 
shall— 
(A)(i) commence a review of the mobile 
source air emission models of the Environ-
mental Protection Agency used under the Clean 
Air Act (42 U.S.C. 7401 et seq.) to determine 
whether the models accurately reflect the emis-
sions resulting from long-duration idling of
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heavy-duty vehicles and other vehicles and en-
gines; and 
(ii) update those models as the Adminis-
trator determines to be appropriate; and 
(B)(i) commence a review of the emission 
reductions achieved by the use of idle reduction 
technology; and 
(ii) complete such revisions of the regula-
tions and guidance of the Environmental Pro-
tection Agency as the Administrator determines 
to be appropriate. 
(2) DEADLINE
FOR
COMPLETION.—Not later 
than 180 days after the date of enactment of this 
Act, the Administrator shall— 
(A) complete the reviews under subpara-
graphs (A)(i) and (B)(i) of paragraph (1); and 
(B) prepare and make publicly available 1 
or more reports on the results of the reviews. 
(3) DISCRETIONARY INCLUSIONS.—The reviews 
under subparagraphs (A)(i) and (B)(i) of paragraph 
(1) and the reports under paragraph (2)(B) may ad-
dress the potential fuel savings resulting from use of 
idle reduction technology. 
(4) 
IDLE
REDUCTION
DEPLOYMENT
PRO-
GRAM.—
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(A) ESTABLISHMENT.— 
(i) IN GENERAL.—Not later than 90 
days after the date of enactment of this 
Act, the Administrator, in consultation 
with the Secretary of Transportation, shall 
establish a program to support deployment 
of idle reduction technology. 
(ii) 
PRIORITY.—The 
Administrator 
shall give priority to the deployment of idle 
reduction technology based on beneficial ef-
fects on air quality and ability to lessen 
the emission of criteria air pollutants. 
(B) FUNDING.— 
(i) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Administrator to carry out 
subparagraph (A) $19,500,000 for fiscal 
year 2004, $30,000,000 for fiscal year 
2005, and $45,000,000 for fiscal year 
2006. 
(ii) COST SHARING.—Subject to clause 
(iii), the Administrator shall require at 
least 50 percent of the costs directly and 
specifically related to any project under
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this section to be provided from non-Fed-
eral sources. 
(iii) NECESSARY
AND
APPROPRIATE 
REDUCTIONS.—The Administrator may re-
duce the non-Federal requirement under 
clause (ii) if the Administrator determines 
that the reduction is necessary and appro-
priate to meet the objectives of this sec-
tion. 
(5) IDLING LOCATION STUDY.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Ad-
ministrator, in consultation with the Secretary 
of Transportation, shall commence a study to 
analyze all locations at which heavy-duty vehi-
cles stop for long-duration idling, including— 
(i) truck stops; 
(ii) rest areas; 
(iii) border crossings; 
(iv) ports; 
(v) transfer facilities; and 
(vi) private terminals. 
(B) DEADLINE
FOR
COMPLETION.—Not 
later than 180 days after the date of enactment 
of this Act, the Administrator shall—
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(i) complete the study under subpara-
graph (A); and 
(ii) prepare and make publicly avail-
able 1 or more reports of the results of the 
study. 
(c) VEHICLE WEIGHT EXEMPTION.—Section 127(a) 
of title 23, United States Code, is amended— 
(1) by designating the first through eleventh 
sentences as paragraphs (1) through (11), respec-
tively; and 
(2) by adding at the end the following: 
‘‘(12) HEAVY DUTY VEHICLES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), in order to promote reduc-
tion of fuel use and emissions because of engine 
idling, the maximum gross vehicle weight limit 
and the axle weight limit for any heavy-duty ve-
hicle equipped with an idle reduction technology 
shall be increased by a quantity necessary to 
compensate for the additional weight of the idle 
reduction system. 
‘‘(B) MAXIMUM WEIGHT INCREASE.—The 
weight increase under subparagraph (A) shall 
be not greater than 250 pounds.
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‘‘(C) PROOF.—On request by a regulatory 
agency or law enforcement agency, the vehicle 
operator shall provide proof (through dem-
onstration or certification) that— 
‘‘(i) the idle reduction technology is 
fully functional at all times; and 
‘‘(ii) the 250-pound gross weight in-
crease is not used for any purpose other 
than the use of idle reduction technology 
described in subparagraph (A).’’. 
SEC. 757. BIODIESEL ENGINE TESTING PROGRAM. 
(a) IN GENERAL.—Not later that 180 days after the 
date of enactment of this Act, the Secretary shall initiate 
a partnership with diesel engine, diesel fuel injection sys-
tem, and diesel vehicle manufacturers and diesel and bio-
diesel fuel providers, to include biodiesel testing in ad-
vanced diesel engine and fuel system technology. 
(b) SCOPE.—The program shall provide for testing 
to determine the impact of biodiesel from different sources 
on current and future emission control technologies, with 
emphasis on— 
(1) the impact of biodiesel on emissions war-
ranty, in-use liability, and antitampering provisions; 
(2) the impact of long-term use of biodiesel on 
engine operations;
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(3) the options for optimizing these technologies 
for both emissions and performance when switching 
between biodiesel and diesel fuel; and 
(4) the impact of using biodiesel in these fuel-
ing systems and engines when used as a blend with 
2006 Environmental Protection Agency-mandated 
diesel fuel containing a maximum of 15-parts-per- 
million sulfur content. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall provide an 
interim report to Congress on the findings of the program, 
including a comprehensive analysis of impacts from bio-
diesel on engine operation for both existing and expected 
future diesel technologies, and recommendations for en-
suring optimal emissions reductions and engine perform-
ance with biodiesel. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
fiscal years 2004 through 2008 to carry out this section. 
(e) DEFINITION.—For purposes of this section, the 
term ‘‘biodiesel’’ means a diesel fuel substitute produced 
from nonpetroleum renewable resources that meets the 
registration requirements for fuels and fuel additives es-
tablished by the Environmental Protection Agency under 
section 211 of the Clean Air Act (42 U.S.C. 7545) and
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that meets the American Society for Testing and Materials 
D6751–02a Standard Specification for Biodiesel Fuel 
(B100) Blend Stock for Distillate Fuels. 
SEC. 758. HIGH OCCUPANCY VEHICLE EXCEPTION. 
Notwithstanding section 102(a) of title 23, United 
States Code, a State may permit a vehicle with fewer than 
2 occupants to operate in high occupancy vehicle lanes if 
the vehicle— 
(1) is a dedicated vehicle (as defined in section 
301 of the Energy Policy Act of 1992 (42 U.S. 
13211)); or 
(2) is a hybrid vehicle (as defined by the State 
for the purpose of this section). 
Subtitle E—Automobile Efficiency 
SEC. 771. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PLEMENTATION 
AND 
ENFORCEMENT 
OF 
FUEL ECONOMY STANDARDS. 
In addition to any other funds authorized by law, 
there are authorized to be appropriated to the National 
Highway Traffic Safety Administration to carry out its ob-
ligations with respect to average fuel economy standards 
$2,000,000 for each of fiscal years 2004 through 2008.
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(8) a public education program to develop im-
proved knowledge and acceptability of hydrogen- 
based systems. 
(b) PROGRAM GOALS.— 
(1) VEHICLES.—For vehicles, the goals of the 
program are— 
(A) to enable a commitment by auto-
makers no later than year 2015 to offer safe, 
affordable, and technically viable hydrogen fuel 
cell vehicles in the mass consumer market; and 
(B) to enable production, delivery, and ac-
ceptance by consumers of model year 2020 hy-
drogen fuel cell and other hydrogen-powered ve-
hicles that will have— 
(i) a range of at least 300 miles; 
(ii) improved performance and ease of 
driving; 
(iii) safety and performance com-
parable to vehicle technologies in the mar-
ket; and 
(iv) when compared to light duty vehi-
cles in model year 2003— 
(I) fuel economy that is substan-
tially higher;
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‘‘(2) the facilities to be authorized by the per-
mit will be used for the transmission of electric en-
ergy in interstate commerce; 
‘‘(3) the proposed construction or modification 
is consistent with the public interest; 
‘‘(4) the proposed construction or modification 
will significantly reduce transmission congestion in 
interstate commerce and protects or benefits con-
sumers; and 
‘‘(5) the proposed construction or modification 
is consistent with sound national energy policy and 
will enhance energy independence. 
‘‘(c) PERMIT APPLICATIONS.—Permit applications 
under subsection (b) shall be made in writing to the Com-
mission. The Commission shall issue rules setting forth 
the form of the application, the information to be con-
tained in the application, and the manner of service of no-
tice of the permit application upon interested persons. 
‘‘(d) COMMENTS.—In any proceeding before the 
Commission under subsection (b), the Commission shall 
afford each State in which a transmission facility covered 
by the permit is or will be located, each affected Federal 
agency and Indian tribe, private property owners, and 
other interested persons, a reasonable opportunity to