I 111th CONGRESS 1st Session H. R. 2234 IN THE HOUSE OF REPRESENTATIVES May 4, 2009 Mr. Engel (for himself and Mr. Bartlett) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science and Technology and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation.

1.

Short title

This Act may be cited as the Electric Transportation Advancement Act of 2009.

2.

Purposes

The purposes of this Act are to enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation, through programs to— (1)develop, with industry, research institutions, National Laboratories, and institutions of higher education, projects to foster— (A)the commercialization of plug-in electric drive vehicle technology for various sizes and applications of vehicles; and (B)growth in employment in the United States in electric drive design and manufacturing of components and vehicles; and (2)optimize the availability of the existing electric infrastructure for use in fueling light duty transportation and other on-road and nonroad vehicles to minimize the use of vehicles and equipment that use petroleum.

3.

Near-term electric transportation

(a)

In general

Paragraph (1) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(c)(1)) is amended— (1)by striking Act and inserting paragraph; (2)by striking establish a program to provide grants and inserting establish or maintain a competitive grant and revolving loan program to provide grants and make loans; and (3)by adding the following new subparagraphs at the end thereof: (A)

Grant and loan selection

The Secretary shall select grant and loan recipients based on the overall cost-effectiveness of a proposed qualified electric transportation project in reducing emissions of criteria pollutants, emissions of greenhouse gases, and petroleum usage. (B)

Revolving loans

(i)

Criteria

The Secretary shall establish criteria for the provision of loans under this subsection. (ii)

Funding

Of amounts made available to carry out this subsection, the Secretary shall use amounts not used to provide grants to make loans under this subsection. . (b)

Priority

Paragraph (2) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(c)(2)) is amended by striking grants under and inserting grants and loans under.

4.

Electric transportation inventory

Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011) is amended by adding at the end the following new subsection: (e)

Market assessment program

The Secretary, in consultation with the Administrator and private industry, shall carry out a program— (1)to inventory and analyze existing electric transportation technologies and hybrid transportation technologies and markets; and (2)to identify and implement methods of promoting existing and emerging applications of electric transportation technologies and hybrid transportation technologies. .

5.

Electricity usage program and certification

Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by section 4 of this Act, is further amended by adding at the end the following new subsections: (f)

Electricity usage program

(1)

In general

The Secretary, in consultation with the Administrator and private industry, shall carry out a program— (A)to work with utilities to develop low-cost, simple methods of— (i)using off-peak electricity; or (ii)managing on-peak electricity use; (B)to develop systems and processes— (i)to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers; and (ii)to work with utilities and other interested stakeholders to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on the production of electricity from renewable resources; and (C)to study and demonstrate the potential value to the electric grid to use the energy stored in on-board storage systems of plug-in electric drive vehicles to improve the efficiency and reliability of the grid generation system. (g)

Plug-in hybrid electric vehicle and electric transportation technology certification

(1)

In general

For the purpose of enabling the introduction of plug-in hybrid electric drive vehicles and electric transportation technology into commercial use, the Administrator shall develop, in consultation with industry, the Secretary, and the National Laboratories, a program to certify— (A)the emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and (B)the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (2)

Certification

The certifications made pursuant to paragraph (1) shall include consideration of— (A)the entire vehicle propulsion system, not just the engine; (B)nightly off-board charging; and (C)different engine turn-on control strategies. (3)

Task force

Not later than 6 months after the date of enactment of this subsection, the Administrator shall establish a task force representing auto manufacturers, truck manufacturers, National Laboratories, public agencies, utilities, and other interested stakeholders to recommend certification protocols for certifying— (A)the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and (B)the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (4)

Public comment

Not later than 2 years after the date of enactment of this subsection, the Administrator shall publish the certification protocols recommended pursuant to paragraph (3) for public comment. (5)

Final protocols

Not later than 3 years after the date of enactment of this subsection, the Administrator shall adopt and publish final certification protocols for certifying— (A)the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and (B)the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (6)

Evaluation and modification of electric transportation technology protocols

(A)

Evaluation

Not later than 2 years after the adoption of the certification protocols pursuant to paragraph (5), and every 2 years thereafter, the Administrator, in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders shall evaluate and modify, as necessary, such certification protocols to ensure that— (i)for plug-in hybrid electric drive vehicles, such protocols accurately measure emissions, fuel economy, and petroleum usage of such vehicles; and (ii)for other forms of electric transportation technology, such protocols accurately measure emissions reductions, fuel economy improvements, and petroleum usage reductions from such technology. (B)

Modification

The Administrator shall modify such certification protocols for such plug-in hybrid electric drive vehicles and electric transportation technologies to realize the full potential of the benefits of such vehicles and technologies, in terms of reduction of emissions of criteria pollutants, reduction of energy use, and reduction of petroleum use. In modifying such certification protocols, the Administrator shall consider— (i)the entire vehicle propulsion system, not just the engine; (ii)nightly off-board charging, as applicable; and (iii)different engine turn-on control strategies. (7)

Plug-in hybrid electric drive vehicle

For purposes of this subsection, the term plug-in hybrid electric drive vehicle means a light-duty, medium-duty, or heavy-duty on-road or nonroad vehicle that is propelled by any combination of— (A)an electric motor and on-board, rechargeable energy storage system capable of operating the vehicle in intermittent or continuous all-electric mode and that is rechargeable using an off-board source of electricity; and (B)an internal combustion engine or heat engine using any combustible fuel. .

6.

City cars

Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by sections 4 and 5 of this Act, is further amended by adding at the end the following new subsection: (h)

City Cars

(1)

In general

Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders in the public, private, and non-profit sectors, shall study, and submit a report to Congress on the benefits, including the petroleum savings of, and barriers to, the widespread deployment of a potential new class of vehicles known as City Cars with performance capability that exceeds that of low speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles. Such study shall examine, and such report shall recommend, appropriate safety requirements for such vehicles based on patterns of usage. Such study shall examine the benefits and issues associated with limiting City Cars to a maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum speed, and such report shall make a recommendation regarding the maximum speed of such City Cars. (2)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection. .

7.

Transition to fuel neutral EPA regulations

Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by sections 4, 5, and 6 of this Act, is further amended by adding at the end the following new subsection: (i)

Transition to Fuel and Technology Neutral Regulations

(1)

Findings

The Congress finds the following: (A)In light of advances in automotive engine technologies since the passage of the Clean Air Act (42 U.S.C. 7401 et seq.), it is necessary to modify the control of mobile source emissions pursuant to such Act to establish fuel and technology neutral mobile source emissions control programs. (B)Replacement of current emissions control requirements with a new fuel and technology neutral program that encourages use of the most fuel efficient and environmentally benign vehicles could include all vehicle technologies, including vehicles with spark-ignited engines, compression-ignited engines, and other engine types, dual fueled vehicles, flexible fuel vehicles, fuel cell electric vehicles, battery electric vehicles, plug-in hybrid electric vehicles, corded electric vehicle equipment, and other electric propulsion technologies. (2)

Reports

(A)Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing all of the fuel definitions and technology definitions specific to vehicles in Federal law and regulation and recommend how such definitions may be changed to be fuel and technology neutral. (B)Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing how petroleum reductions, emissions reductions, and reductions in full fuel cycle criteria pollutants may be incorporated into the fuel and technology neutral emissions reduction program required under paragraph (3), including any changes needed to existing law to achieve the purposes of the Electric Transportation Advancement Act of 2009. (3)

Rulemaking

Not later than 2 years after the submission of the report required under paragraph (2)(B), the Administrator shall adopt final rules to implement a fuel and technology neutral program to reduce tailpipe and evaporative emissions of criteria pollutants from mobile sources. Such program shall take effect not later than 10 years after the date of enactment of this subsection. (4)

Fuel and technology neutral mobile source emission control program

In this subsection, the term fuel and technology neutral mobile source emissions control program means a fuel and technology neutral program described under paragraph (1)(B) that contains emissions controls for criteria pollutants from mobile sources and a credit-based compliance mechanism for manufacturers of mobile source technologies that is at least as protective of public health as the previous applicable emissions control program. (5)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection. .

8.

Research and development diversification

Subsection (m) of section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(m)) is amended by adding at the end the following new sentence: Of amounts made available to carry out the programs established under subsections (i), (j), and (k), not more than 30 percent shall be awarded to the National Laboratories..