1.This Act may be cited as the
Electric Drive Vehicle Deployment Act
of 2011
.
2.In this Act:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The term deployment community means an
area selected by the Secretary under the program established under section
3(a). Such term may include 1 or more municipalities, transportation corridors
that connect municipalities, or other geographic areas that the Secretary
determines appropriate.
(3)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)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 ratingThe 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)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 componentsThe term qualified
electric drive vehicle components means components the Secretary
determines are uniquely needed to produce electric drive vehicles.
(8)Qualified
electric drive vehicle infrastructureThe 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)The
term Secretary means the Secretary of Energy.
3.Targeted electric
drive vehicles deployment communities program
(a)
(1)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)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 10 deployment communities for the
first phase of the program established under paragraph (1).
(b)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;
(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)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)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)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 ApplicationsThe 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, nonproprietary 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)A
description of 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)that 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)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 1
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, including, as appropriate, information regarding the utilization
of emerging technologies or practices; 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)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 50,000 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
ClearinghouseThe 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)
(1)Phase 1 update
and phase 2 planNot 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)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)There
are authorized to be appropriated to carry out this section $300,000,000 for
each recipient of financial assistance for a deployment community, to be
expended within 5 years of the date of the receipt of funds.
4.
(a)The Secretary shall establish a competitive program to
provide financial assistance to municipalities that have not been selected to
receive financial assistance under the program established under section
3(a)(1) for purposes of assisting with the deployment of electric drive
vehicles, including the evaluation of the feasibility of large-scale deployment
of electric drive vehicles and the installation of publicly available electric
drive vehicle charging infrastructure in the municipality.
(b)There
are authorized to be appropriated to carry out this section $120,000,000 for
each of the 5 fiscal years after the date of enactment of this Act, to provide
up to $10,000,000 for each recipient of financial assistance for a municipality
to be expended within 2 years of the date of the receipt of funds.
5.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, 2017Subsection
(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 electricityIn the case of
property placed in service after December 31, 2011, 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)Subsection (e) of section 30C of such Code, as amended by
subsection (a), is amended by adding at the end the following:
(8)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)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, 2014,
and
.
(d)The amendments made by this section shall apply to property
placed in service after December 31, 2011.
6.Electric vehicle
refueling property tax credit bonds
(a)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)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)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:
54G.Qualified
electric vehicle refueling property bonds
(a)Qualified
Electric Vehicle Refueling Property BondFor 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)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 DesignatedThe 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 DesignatedThere is a national
qualified electric vehicle refueling property bond limitation of
$100,000,000.
(e)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)For
purposes of this section—
(1)Qualified
electric vehicle refueling propertyThe 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)
(A)The term qualified issuer means a public
power provider, a cooperative electric company, or a governmental body.
(B)The term governmental body means any State or
Indian tribal government, or any political subdivision thereof.
(C)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 companyThe 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)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)The amendments made by this section shall apply to
obligations issued after the date of the enactment of this Act.
7.Electric drive
vehicle infrastructure planning
(a)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
infrastructureEach 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)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; and
(iii)assess the
system benefits of widespread deployment of electric drive vehicles associated
with predominantly off-peak electric drive vehicle charging.
(C)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)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 vehicleFor 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
2011.
.
(b)
(1)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 each
standard established by paragraph (20) of section
111(d).
.
(2)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)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)
.
8.Electric drive
component and infrastructure manufacturing loan program
(a)
(1)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 $1,000,000,000 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)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 projectsThe 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 loansA 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)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)Administrative
costs shall be no more than $100,000 or 10 basis points of the loan.
(d)
(1)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)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 firmIn 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)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
AppropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2012
through 2017.
9.Loan guarantees
for advanced battery purchases for use in stationary applicationsSubtitle 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:
137.Loan guarantees
for advanced battery purchases
(a)In
this section:
(1)Qualified
automotive batteryThe 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)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 2011); or
(D)any other
qualified entity, as determined by the Secretary.
(b)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)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)A
loan guaranteed under subsection (b) shall have a maturity of not more than 20
years.
(e)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)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)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)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)The
Secretary shall promulgate such regulations as are necessary to carry out this
section.
(j)Authorization of
AppropriationsThere are authorized to be appropriated to carry
out this section $300,000,000 for fiscal years 2012 through
2016.
.
10.
(a)For purposes of Federal agency reporting requirements,
electric energy consumed by Federal agencies 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)
(1)The Administrator of
General Services, in consultation with the Secretary of Energy, shall complete
an assessment of motor vehicle fleets operated by Federal agencies and submit a
report to Congress that includes each of the following:
(A)For each Federal
agency, the types of vehicles the agency uses that may or may not be suitable
for near-term and medium-term replacement with commercially available electric
drive vehicles, taking into account the types of vehicles for which electric
drive vehicles could provide comparable functionality and lifecycle
costs.
(B)The number of
electric drive vehicles that could be deployed by each Federal agency 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.
(C)The estimated cost
to the Federal Government for vehicle purchases described under paragraph (2)
for each fiscal year.
(2)
(A)The first report described under paragraph (1) shall be
submitted not later than 180 days after the date of enactment of this
Act.
(B)The second report described under paragraph (1) shall be
submitted at the completion of phase 1 of the program established under section
3(a)(1) and shall include each of the following:
(i)A description of the status of electric
drive vehicles in the motor vehicle pool.
(ii)An
analysis of the data collected, if any, pursuant to subsection (d)(3).
(c)Subsection (a) of section 1105 of title 31, United
States Code—
(1)is amended by
redesignating the second paragraph 37 as paragraph 39; and
(2)by adding at the
end the following new paragraph:
(40)Information about electric drive vehicle
purchases, including a separate statement, by agency, of the number of vehicles
to be acquired and the amounts proposed in the budget for acquisition of
electric drive vehicles and qualified electric drive vehicle infrastructure (as
such term is defined in the Electric Drive
Vehicle Deployment Act of
2011).
.
(d)Pilot program To
deploy electric drive vehicles in the Federal motor vehicle fleet
(1)There is authorized to be appropriated to
the Acquisition Services Fund, established under section 321 of title 40,
United States Code, $45,000,000, to remain available until expended for
purposes of a pilot program whereby, not later than 3 years after the date of
enactment of this Act, and notwithstanding section 1343(c) of title 31, United
States Code, the Administrator of General Services shall acquire, to the
maximum extent practicable, 1,000 commercially available electric drive
vehicles and the necessary qualified electric drive vehicle
infrastructure.
(2)Setting prices
to recover costsThe
Administrator of General Services shall set prices for furnishing electric
drive vehicles, necessary qualified electric drive vehicle infrastructure, and
related services under section 602 of title 40, United States Code, to recover,
so far as practicable, all costs of carrying out this subsection consistent
with section 605 of title 40, United States Code.
(3)The Administrator
of General Services shall, upon the acquisition of electric drive vehicles and
necessary qualified electric drive vehicle infrastructure described under
paragraph (1), collect data on each of
the following:
(A)The cost,
performance, and use of electric drive vehicles in the motor vehicle
pool.
(B)The deployment and
integration of electric drive vehicles in the motor vehicle pool.
(C)The contribution
of electric drive vehicles in the motor vehicle pool toward reducing the use of
fossil fuels and greenhouse gas emissions.
(e)In
this section:
(1)The term Federal agency has the meaning given
that term under section 102 of title 40, United States Code.
(2)The term motor vehicle pool means the motor
vehicle pool established under subchapter VI of chapter 5 of subtitle I of
title 40, United States Code, and operated by the Administrator of General
Services.