[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5442 Introduced in House (IH)]

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 electric 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 
                               concerned

_______________________________________________________________________

                                 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 Representatives 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''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Deployment community.--The term ``deployment 
        community'' means an area selected by the Secretary under the 
        program established under section 3(a). Such term may include 
        one or more municipalities, 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 
                                Regulations, as in effect as of the 
                                date of enactment of this Act) that 
                                draws motive power from a battery with 
                                a capacity 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 
                                Regulations, as in effect as of the 
                                date of enactment of this Act) with a 
                                gross vehicle weight rating greater 
                                than 8,500 pounds and less than 14,000 
                                pounds that draws motive power from a 
                                battery with a capacity of at least 10 
                                kilowatt-hours;
                                    (III) a heavy-duty vehicle (as that 
                                term is defined in section 86.1803-01 
                                of title 40, Code of Federal 
                                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 
                                Regulations, as in effect as of the 
                                date of enactment of this Act) with a 
                                gross vehicle weight rating greater 
                                than 33,000 pounds that draws motive 
                                power from a battery with a capacity of 
                                at least 20 kilowatt-hours; and
                            (ii) can be recharged from an external 
                        source of electricity for motive power; or
                    (B) is a motor vehicle (as that term is defined 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 components.--The term 
        ``qualified electric drive vehicle components'' means 
        components the Secretary determines are uniquely needed to 
        produce electric drive vehicles.
            (8) Qualified electric drive vehicle infrastructure.--The 
        term ``qualified electric drive vehicle infrastructure'' means 
        equipment and services 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 DEPLOYMENT COMMUNITIES 
              PROGRAM.

    (a) In General.--
            (1) Establishment.--The Secretary shall establish 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.
            (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 deployment 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 dependence on petroleum-
        based fuel and contributes to reducing emissions of carbon 
        dioxide;
            (3) to facilitate the integration of advanced vehicle 
        technologies into deployment communities while optimizing 
        electric grid system performance and reliability;
            (4) to demonstrate the potential--
                    (A) benefits of coordinated investments in vehicle 
                electrification and infrastructure on personal 
                mobility; and
                    (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, including 
        demonstration of the use of qualified electric drive vehicle 
        infrastructure;
            (6) to increase understanding of the primary regional 
        differences and varying regulatory environments that impact 
        electric drive vehicle market penetration and establish best 
        practices for addressing deployment barriers to electric drive 
        vehicles; and
            (7) to increase understanding of consumers' vehicle 
        charging and other electric drive vehicle infrastructure 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 governments) may apply to the 
Secretary for financial assistance to be used as described in 
subsection (d) in deployment communities. Such applications may be 
jointly sponsored by electric utilities, automobile manufacturers, 
technology providers, car sharing companies or organizations, third 
party electric drive vehicle service providers, or other persons or 
entities.
    (d) Use of Funds.--Pursuant to applications received under 
subsection (c), the Secretary may make financial 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 vehicle charging 
                infrastructure, and updating zoning for such 
                infrastructure.
                    (C) Converting government fleets to electric 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), 
including the following:
            (1) Criteria for evaluating applications submitted under 
        subsection (c), consistent with subsection (f), including the 
        anticipated ability of applicants to promote deployment and 
        market penetration of electric drive vehicles.
            (2) Data regarding deployment communities, and the electric 
        drive vehicles and qualified electric drive vehicle 
        infrastructure in such deployment communities, required for 
        collection, analysis, and evaluation of the challenges and 
        opportunities associated with the widespread deployment of 
        electric drive vehicles.
            (3) Metrics of success for deployment communities.
            (4) Reporting requirements for entities that receive 
        financial assistance under this section, including a 
        comprehensive set of performance data characterizing the 
        results of the program in the deployment 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 vehicles, and, as appropriate, 
        private or public fleets.
            (2) The role of each stakeholder participating in the 
        deployment of electric drive vehicles in the deployment 
        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 projected to be 
        deployed in the deployment community during the first phase of 
        the program established under subsection (a).
            (4) A strategy for developing program participation among 
        residents of the deployment community and a plan that 
        demonstrates high likelihood that the deployment community will 
        procure and deploy the projected number of electric drive 
        vehicles.
            (5) A deployment and financing plan for publicly available 
        electric drive vehicle charging infrastructure that includes a 
        policy on cost sharing, methodology for determining the number 
        and placement 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 accommodate electric drive 
        vehicle charging infrastructure for new construction and major 
        upgrades or 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 infrastructure, 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 policies--
                    (A) that--
                            (i) reflect rate structures that benefit 
                        consumers who charge electric drive vehicles 
                        off-peak; or
                            (ii) with respect to any deployment 
                        community with a competitive retail regulatory 
                        regime, will make electric drive vehicle 
                        charging services available to consumers;
                    (B) that take into account potential impacts to the 
                local electric distribution system or the electric grid 
                from the incremental electric energy used to charge 
                electric drive vehicles;
                    (C) that utilize information technologies to 
                minimize effects of charging electric drive vehicles on 
                the local electric distribution system or electric 
                grid;
                    (D) that relate to Smart Grid technologies for 
                electric drive vehicle charging purposes, including 
                those that allow 2-way communication of electric energy 
                movement (to prepare for vehicle-to-grid applications); 
                and
                    (E) encourage electric energy conservation and 
                reduction in peak demand by making consumer 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 deployment community;
            (3) for at least one deployment community, include 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 incentives for the 
        deployment of electric drive vehicles;
            (5) best demonstrate the ability of the deployment 
        community to deploy the targeted number of electric drive 
        vehicles;
            (6) are most likely to yield information that informs and 
        assists with the large-scale deployment of electric drive 
        vehicles in different regions and regulatory 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 ensure that each recipient of 
financial assistance for a deployment 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--
            (1) rebates of portions of the costs of purchasing electric 
        drive vehicles;
            (2) rebates of portions of the costs of permitting, 
        purchasing, or installing home electric drive vehicle charging 
        stations;
            (3) rebates of State or local sales taxes for purchasing 
        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 determines 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 subsection (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 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 program 
                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 
                        deployment 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 implement 
                        such second phase.
            (2) Phase 1 results.--Not later than 6 years after the date 
        of enactment of this Act, the Secretary 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 appropriated to 
carry out this section $800,000,000 for each recipient of financial 
assistance for a deployment community, to be expended within 5 years of 
the date of the receipt 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 paragraph:
            ``(7) Property for recharging vehicles powered by 
        electricity.--In the case of property placed in service after 
        December 31, 2010, and before January 1, 2017, which relates to 
        electricity--
                    ``(A) subsection (a) shall be applied by 
                substituting `50 percent' for `30 percent',
                    ``(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 electricity, 
        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 striking ``or'' at the end of 
subparagraph (D), by inserting ``or'' at the end of subparagraph (E), 
and by inserting after subparagraph (E) the following new subparagraph:
                    ``(F) a qualified electric vehicle refueling 
                property bond,''.
    (b) Qualified Purpose.--Subparagraph (C) of section 54A(d)(2) of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of clause (iv),
            (2) by striking the period at the end of clause (v) and 
        inserting ``, and'', and
            (3) by adding at the end the following new clause:
                            ``(vi) in the case of a qualified electric 
                        vehicle refueling property bond, a purpose 
                        specified in section 54G(a)(1).''.
    (c) Bonds Allowed.--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 section:

``SEC. 54G. QUALIFIED ELECTRIC VEHICLE REFUELING PROPERTY BONDS.

    ``(a) Qualified Electric Vehicle Refueling Property Bond.--For 
purposes of this subpart, the term `qualified electric vehicle 
refueling property bond' means any bond issued as part of an issue if--
            ``(1) 100 percent of the available project proceeds of such 
        issue are to be used for capital expenditures 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 purposes of this 
        section.
    ``(b) Reduced Credit Amount.--Notwithstanding paragraph (2) of 
section 54A(b), the annual credit determined with respect to any 
qualified electric vehicle refueling 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 Designated.--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 vehicle refueling property bond 
limitation of $100,000,000.
    ``(e) Allocations.--The Secretary shall make allocations of the 
amount of the national qualified electric vehicle refueling property 
bond limitation described in subsection (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 refueling 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 cooperative 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 utility 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 effect on the date of the 
                enactment of this section).
                    ``(D) Cooperative electric company.--The term 
                `cooperative electric company' means a mutual or 
                cooperative electric company described 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 infrastructure.--
                    ``(A) Utility plan for infrastructure.--Each 
                electric utility shall develop a plan to support the 
                use of electric drive vehicles, including heavy-duty 
                electric drive vehicles. Each such plan shall provide 
                for the deployment of the charging infrastructure or 
                other infrastructure necessary to adequately support 
                the use of electric drive vehicles, and shall provide 
                for, as appropriate, the support needed to enable the 
                competitive installation, operation, or provision of 
                electric drive vehicle charging services. 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 stations, and highway rest stops. Any 
                such plan may also include--
                            ``(i) rapid charging infrastructure, 
                        including fast charging and battery exchange, 
                        and other services;
                            ``(ii) triggers for charging infrastructure 
                        deployment based upon market penetration 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 
                        authority) or utility (in the case of a 
                        nonregulated 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 authority) and each utility (in 
                the case of a nonregulated utility) shall--
                            ``(i) require that electric drive vehicle 
                        charging infrastructure deployed complies with 
                        any applicable Federal standard and is 
                        interoperable with the applicable products of 
                        all auto manufacturers, to the extent possible;
                            ``(ii) consider adopting minimum 
                        requirements for deployment of electric drive 
                        vehicle charging infrastructure and other 
                        appropriate requirements necessary to support 
                        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 
                        electric charging costs individually; and
                            ``(iv) assess the system benefits of 
                        widespread deployment of electric drive 
                        vehicles associated with predominantly off-peak 
                        electric drive vehicle charging.
                    ``(C) Cost recovery.--Each State regulatory 
                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 extent, to allow cost recovery for 
                plans under subparagraph (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 authority) and each 
                utility (in the case of a nonregulated utility) shall, 
                in accordance with actions taken by the Commission 
                pursuant to section 1305(d) of the Energy Independence 
                and Security Act of 2007--
                            ``(i) establish any appropriate protocols 
                        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;
                            ``(ii) provide for, to the extent feasible, 
                        the ability for each electric drive vehicle to 
                        be identified individually and to be associated 
                        with its owner's electric utility account, 
                        regardless of the location that the vehicle is 
                        plugged in, for purposes of appropriate billing 
                        for any electric energy required to charge the 
                        vehicle's batteries as well as any crediting 
                        for electric energy provided to the electric 
                        utility from the vehicle's batteries; and
                            ``(iii) review the determination made in 
                        response to paragraph (14) of this subsection 
                        in light of this paragraph, including whether 
                        time-of-use pricing should be employed to 
                        enable the use of electric drive vehicles to 
                        contribute to meeting peak-load and ancillary 
                        service power needs.
                    ``(E) Definition of `electric drive vehicle'.--For 
                purposes of this paragraph, the term `electric drive 
                vehicle' has the meaning given such term in section 
                2(3) of the Electric Drive Vehicle Deployment Act of 
                2010.''.
    (b) Compliance.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding the following at the end thereof:
            ``(7)(A) Not later than 3 years after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority) and each nonregulated utility shall commence the 
        consideration referred to in section 111, or set a hearing date 
        for consideration, with respect to the standards established by 
        paragraph (20) of section 111(d).
            ``(B) Not later than 4 years after the date of enactment of 
        the this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority), and each nonregulated electric utility, shall 
        complete the consideration, and shall make the determination, 
        referred to in section 111 with respect to the standards 
        established by paragraph (20) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by adding the following at the end: ``In the case of 
        the standards established by paragraph (20) of section 111(d), 
        the reference contained in this subsection to the date of 
        enactment of this Act shall be deemed to be a reference to the 
        date of enactment of such paragraph.''.
            (3) Prior state actions.--Section 112(d) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is 
        amended by striking ``(19)'' and inserting ``(20)'' before ``of 
        section 111(d)''.

SEC. 7. TECHNOLOGY DEVELOPMENT.

    (a) Secondary Use Applications and Recycling Study.--
            (1) In general.--The Secretary shall conduct a study on 
        secondary use applications of electric drive vehicle batteries. 
        Such study shall include--
                    (A) a survey of the uses, challenges, costs, and 
                benefits associated with secondary uses of batteries no 
                longer suitable for use in electric drive vehicles 
                (such as utility regulation services and home storage); 
                and
                    (B) a survey of technologies, challenges, costs, 
                and benefits associated with the recycling of electric 
                drive vehicle batteries.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the study conducted pursuant 
        to paragraph (1).
    (b) Research and Development Program.--
            (1) Establishment.--The Secretary shall establish a 
        competitively awarded, peer reviewed grant program of research, 
        development, demonstration, and commercial application of 
        advanced batteries with vehicle applications, qualified 
        electric drive vehicle components, and qualified electric drive 
        infrastructure.
            (2) Coordination.--The Secretary shall ensure that the 
        program established under paragraph (1) is coordinated with 
        other applicable advanced battery, qualified electric drive 
        component, and qualified electric drive infrastructure research 
        and development activities conducted by the Department of 
        Energy, with efforts to minimize duplication of such 
        activities.
            (3) Eligible entities.--The Secretary may award grants to 
        carry out the program established under paragraph (1) to 
        institutions of higher education, national laboratories, and 
        other entities the Secretary determines appropriate.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $167,000,000 
        for each of fiscal years 2011 through 2016.

SEC. 8. STUDY ON SUPPLY OF RAW MATERIALS.

    (a) Study.--The Secretary of the Interior, in consultation with the 
Secretary, shall conduct a study to--
            (1) identify the raw materials needed for the manufacture 
        of electric drive vehicles, qualified electric drive vehicle 
        components, and qualified electric drive vehicle 
        infrastructure;
            (2) describe the primary or original sources of raw 
        materials described in paragraph (1) in the United States, as 
        of the date of enactment of this Act, and known reserves and 
        resources of such materials; and
            (3) assess the ability of the United States to secure 
        reliable and resilient supplies of raw materials described in 
        paragraph (1) to manufacture, deploy, and maintain a fleet of 
        electric drive vehicles.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to Congress a 
report describing the results of the study conducted pursuant to 
subsection (a).

SEC. 9. FEDERAL FLEETS.

    (a) In General.--For purposes of this section, electric energy 
consumed by agencies of the Federal Government to fuel electric drive 
vehicles--
            (1) is alternative fuel (as defined in section 301 of the 
        Energy Policy Act of 1992 (42 U.S.C. 13211)); and
            (2) shall be accounted for under Federal fleet management 
        reporting requirements, not under Federal building management 
        reporting requirements.
    (b) Assessment and Report.--Not later than 180 days after the date 
of enactment of this Act and at the completion of phase I of the 
program established under section 3(a)(1), the Federal Energy 
Management Program and the General Services Administration shall 
complete an assessment of motor vehicle fleets operated by agencies of 
the Federal Government and submit a report to Congress that describes--
            (1) for each agency of the Federal Government, the types of 
        vehicles the agency uses that may or may not be suitable for 
        near-term and medium-term conversion to electric drive 
        vehicles, taking into account the types of vehicles for which 
        electric drive vehicles could provide comparable functionality 
        and lifecycle costs;
            (2) how many electric drive vehicles could be deployed by 
        each agency of the Federal Government in 5 years and in 10 
        years, assuming that electric drive vehicles are available and 
        are purchased when new vehicles are needed or existing vehicles 
        are replaced; and
            (3) the estimated cost to the Federal Government for 
        vehicle purchases pursuant to paragraph (2) for each fiscal 
        year.
    (c) Budget Request.--For each fiscal year that begins after one 
year after the date of enactment of this Act, each agency of the 
Federal Government shall include electric drive vehicle purchases 
identified in the report under subsection (b) in the budget of the 
agency to be included in the budget of the United States Government 
submitted by the President under section 1105 of title 31, United 
States Code.
    (d) Pilot Program To Deploy Electric Drive Vehicles in the Federal 
Fleet.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Administrator of General Services 
        shall acquire 1,000 electric drive vehicles to be deployed in a 
        range of locations in motor vehicle fleets operated by Federal 
        agencies.
            (2) Data collection.--The Administrator of General Services 
        shall collect data regarding--
                    (A) the cost, performance, and use of electric 
                drive vehicles in motor vehicle fleets operated by 
                Federal agencies;
                    (B) the deployment and integration of electric 
                drive vehicles in motor vehicle fleets operated by 
                Federal agencies; and
                    (C) the contribution of electric drive vehicles in 
                motor vehicle fleets operated by Federal agencies 
                toward reducing the use of fossil fuels and greenhouse 
                gas emissions.
            (3) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Administrator of General Services 
        shall submit to Congress a report that--
                    (A) describes the status of electric drive vehicles 
                in motor vehicle fleets operated by Federal agencies; 
                and
                    (B) includes an analysis of the data collected 
                under this subsection.

SEC. 10. ELECTRIC DRIVE COMPONENT AND INFRASTRUCTURE MANUFACTURING LOAN 
              PROGRAM.

    (a) Direct Loan Program.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and subject to the availability of 
        appropriated funds, the Secretary shall carry out a program to 
        provide a total of not more than $5,000,000,000 in loans to 
        eligible individuals and entities (as determined by the 
        Secretary and including qualified electric drive vehicle 
        component suppliers and qualified electric drive vehicle 
        infrastructure suppliers) for the costs of activities described 
        in subsection (b). The loans shall be made through the Federal 
        Financing Bank, with the full faith and credit of the United 
        States Government on the principal and interest. The full 
        credit subsidy shall be paid by the Secretary using 
        appropriated funds.
            (2) Application.--An applicant for a loan under this 
        subsection shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including a written assurance that--
                    (A) all laborers and mechanics employed by 
                contractors or subcontractors during construction, 
                alteration, or repair that is financed, in whole or in 
                part, by a loan under this section shall be paid wages 
                at rates not less than those prevailing on similar 
                construction in the locality, as determined by the 
                Secretary of Labor in accordance with sections 3141 
                through 3144, 3146, and 3147 of title 40, United States 
                Code; and
                    (B) the Secretary of Labor shall, with respect to 
                the labor standards described in this paragraph, have 
                the authority and functions set forth in Reorganization 
                Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 
                3145 of title 40, United States Code.
            (3) Selection of eligible projects.--The Secretary shall 
        select eligible projects to receive loans under this subsection 
        in cases in which, as determined by the Secretary, the loan 
        recipient--
                    (A) is financially viable without the receipt of 
                additional Federal funding associated with the proposed 
                project;
                    (B) will provide sufficient information to the 
                Secretary for the Secretary to ensure that the funds 
                are expended efficiently and effectively; and
                    (C) has met such other criteria as may be 
                established and published by the Secretary.
            (4) Rates, terms, and repayment of loans.--A loan provided 
        under this subsection--
                    (A) shall have an interest rate that, as of the 
                date on which the loan is made, is equal to the cost of 
                funds to the Department of the Treasury for obligations 
                of comparable maturity;
                    (B) shall have a term equal to the lesser of--
                            (i) the projected life, in years, of the 
                        eligible project to be carried out using funds 
                        from the loan, as determined by the Secretary; 
                        or
                            (ii) 25 years;
                    (C) may be subject to a deferral in repayment for 
                not more than 5 years after the date on which the 
                eligible project carried out using funds from the loan 
                first begins operations, as determined by the 
                Secretary; and
                    (D) shall be made by the Federal Financing Bank.
    (b) Use of Funds.--A loan provided under subsection (a) may be used 
by the loan recipient to pay the costs of--
            (1) reequipping, expanding, or establishing a manufacturing 
        facility in the United States to produce--
                    (A) qualified electric drive vehicle 
                infrastructure; or
                    (B) qualified electric drive vehicle components; 
                and
            (2) engineering integration performed in the United States 
        of qualified electric drive vehicle components.
    (c) Fees.--Administrative costs shall be no more than $100,000 or 
10 basis points of the loan.
    (d) Priority.--
            (1) Criteria.--In selecting loan recipients from among 
        eligible applicants, the Secretary shall give preference to 
        proposals that--
                    (A) are most likely to be successful; and
                    (B) are located in local markets that have the 
                greatest need for the manufacturing facility.
            (2) Existing facilities.--The Secretary shall, in making 
        loans to manufacturers that have existing facilities, give 
        priority to those facilities that are oldest or have been in 
        existence for at least 20 years. Such facilities may currently 
        be sitting idle.
    (e) Set Aside for Small Manufacturers and Component Suppliers.--
            (1) Definition of covered firm.--In this subsection, the 
        term ``covered firm'' means a firm that--
                    (A) employs less than 500 individuals; and
                    (B) manufactures qualified electric drive vehicle 
                infrastructure or qualified electric drive vehicle 
                components.
            (2) Set aside.--Of the amount of funds that are used to 
        make loans for each fiscal year under subsection (a), the 
        Secretary shall use not less than 25 percent to make loans to 
        covered firms or consortia led by a covered firm.
    (f) Appointment and Pay of Personnel.--
            (1) The Secretary may use direct hiring authority pursuant 
        to section 3304(a)(3) of title 5, United States Code, to 
        appoint such professional and administrative personnel as the 
        Secretary determines necessary to the discharge of the 
        Secretary's functions under this section.
            (2) The rate of pay for a person appointed pursuant to 
        paragraph (1) shall not exceed the maximum rate payable for GS-
        15 of the General Schedule under chapter 53 of such title.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2011 through 2016.

SEC. 11. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES FOR USE IN 
              STATIONARY APPLICATIONS.

    Subtitle B of title I of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end the 
following:

``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

    ``(a) Definitions.--In this section:
            ``(1) Qualified automotive battery.--The term `qualified 
        automotive battery' means a battery that--
                    ``(A) has at least 5 kilowatt-hours of traction 
                battery capacity; and
                    ``(B) is designed for use in electric drive 
                vehicles but is purchased for nonautomotive and dual-
                purpose applications.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) an original equipment manufacturer;
                    ``(B) an electric utility;
                    ``(C) any provider of qualified electric drive 
                vehicle infrastructure (as such term is defined in 
                section 2(8) of the Electric Drive Vehicle Deployment 
                Act of 2010); or
                    ``(D) any other qualified entity, as determined by 
                the Secretary.
    ``(b) Loan Guarantees.--The Secretary shall establish a program to 
provide guarantees of loans made to eligible entities by private 
institutions for the purchase, by such an eligible entity, of at least 
500 qualified automotive batteries in a calendar year that use advanced 
battery technology.
    ``(c) Requirements.--The Secretary may provide a loan guarantee 
under subsection (b) to an applicant if--
            ``(1) without a loan guarantee, credit is not available to 
        the applicant under reasonable terms or conditions sufficient 
        to finance the purchase of qualified automotive batteries 
        described in subsection (b);
            ``(2) the prospective earning power of the applicant and 
        the character and value of the security pledged provide a 
        reasonable assurance of repayment of the loan to be guaranteed 
        in accordance with the terms of the loan; and
            ``(3) the loan bears interest at a rate determined by the 
        Secretary to be reasonable, taking into account the current 
        average yield on outstanding obligations of the United States 
        with remaining periods of maturity comparable to the maturity 
        of the loan.
    ``(d) Maturity.--A loan guaranteed under subsection (b) shall have 
a maturity of not more than 20 years.
    ``(e) Terms and Conditions.--The loan agreement for a loan 
guaranteed under subsection (b) shall provide that no provision of the 
loan agreement may be amended or waived without the consent of the 
Secretary.
    ``(f) Assurance of Repayment.--The Secretary shall require that an 
applicant for a loan guarantee under subsection (b) provide an 
assurance of repayment in the form of a performance bond, insurance, 
collateral, or other means acceptable to the Secretary in an amount 
equal to not less than 20 percent of the amount of the loan.
    ``(g) Guarantee Fee.--The recipient of a loan guarantee under 
subsection (b) shall pay the Secretary an amount determined by the 
Secretary to be sufficient to cover the administrative costs of the 
Secretary relating to the loan guarantee.
    ``(h) Full Faith and Credit.--The full faith and credit of the 
United States is pledged to the payment of all guarantees made under 
this section. Any such guarantee made by the Secretary shall be 
conclusive evidence of the eligibility of the loan for the guarantee 
with respect to principal and interest. The validity of the guarantee 
shall be incontestable in the hands of a holder of the guaranteed loan.
    ``(i) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out this section.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000,000 for fiscal years 
2011 through 2016.''.
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