[Senate Report 111-336]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 623
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-336

======================================================================



 
                    PROMOTING ELECTRIC VEHICLES ACT

                                _______
                                

               September 28, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3495]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3495) to promote the deployment of plug-
in electric drive vehicles, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Electric Vehicles Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds that
          (1) the United States is the largest consumer of petroleum in 
        the world, consuming 19,500,000 barrels per day of petroleum 
        products during 2008;
          (2) high and volatile international oil prices represent a 
        significant and ongoing threat to the economic and national 
        security of the United States;
          (3) many of the nations on which the United States relies for 
        petroleum supplies or that significantly affect the world 
        petroleum market share neither the national interest nor the 
        values of the United States;
          (4) the United States imports more than 50 percent of the 
        petroleum needs of the country each day;
          (5) in 2008, the net deficit of the United States in 
        petroleum trade amounted to more than $380,000,000,000, or 
        nearly 60 percent of the total trade deficit;
          (6) the transportation sector of the United States accounts 
        for over \2/3\ of total national petroleum consumption and is 
        94 percent reliant on petroleum;
          (7) the electrification of the transportation sector 
        represents a direct pathway to significant reduction in 
        petroleum dependence, because passenger cars and light trucks 
        account for more than 60 percent of the transportation 
        petroleum demand and more than 40 percent of total petroleum 
        demand in the United States;
          (8) the electrification of the transportation sector promotes 
        national energy security because the electric power sector uses 
        a diverse range of domestic electricity generation sources;
          (9) electric drive vehicles, when running on electric power, 
        produce no tailpipe emissions;
          (10) the deployment of 700,000 plug-in electric drive 
        vehicles would result in a petroleum savings of approximately 
        10,000,000 barrels per year compared to the annual petroleum 
        consumption as of the date of enactment of this Act;
          (11) in 2030, the United States could feasibly deploy more 
        than 100,000,000 plug-in electric drive vehicles, which would 
        result in a petroleum savings of more than 1,000,000,000 
        barrels of petroleum per year and greenhouse gas reductions of 
        over 300,000,000 tons of carbon dioxide compared to the annual 
        petroleum consumption and greenhouse gas emissions as of the 
        date of enactment of this Act; and
          (12) a targeted deployment program for plug-in electric drive 
        vehicles that is focused on competitively selected deployment 
        communities--
                  (A) is a critical component of a comprehensive effort 
                to speed plug-in electric drive vehicle penetration 
                rates;
                  (B) will contribute to the larger national effort to 
                deploy plug-in electric drive vehicles;
                  (C) will inform best practices for the wide-scale 
                deployment of plug-in electric drive vehicles; and
                  (D) will substantially reduce the oil consumption of 
                the United States.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
          (2) Charging infrastructure.--The term ``charging 
        infrastructure'' means any property (not including a building) 
        if the property is used for the recharging of plug-in electric 
        drive vehicles, including electrical panel upgrades, wiring, 
        conduit, trenching, pedestals, and related equipment.
          (3) Committee.--The term ``Committee'' means the Plug-in 
        Electric Drive Vehicle Technical Advisory Committee established 
        by section 304.
          (4) Deployment community.--The term ``deployment community'' 
        means a community selected by the Secretary to be part of the 
        targeted plug-in electric drive vehicles deployment communities 
        program under section 106.
          (5) Electric utility.--The term ``electric utility'' has the 
        meaning given the term in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
          (6) Federal-aid system of highways.--The term ``Federal-aid 
        system of highways'' means a highway system described in 
        section 103 of title 23, United States Code.
          (7) Plug-in electric drive vehicle.--
                  (A) In general.--The term ``plug-in electric drive 
                vehicle'' has the meaning given the term in section 
                131(a)(5) of the Energy Independence and Security Act 
                of 2007 (42 U.S.C. 17011(a)(5)).
                  (B) Inclusions.--The term ``plug-in electric drive 
                vehicle'' includes--
                          (i) low speed plug-in electric drive vehicles 
                        that meet the Federal Motor Vehicle Safety 
                        Standards described in section 571.500 of title 
                        49, Code of Federal Regulations (or successor 
                        regulations); and
                          (ii) any other electric drive motor vehicle 
                        that can be recharged from an external source 
                        of motive power and that is authorized to 
                        travel on the Federal-aid system of highways.
          (8) Prize.--The term ``Prize'' means the Advanced Batteries 
        for Tomorrow Prize established by section 202.
          (9) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
          (10) Task force.--The term ``Task Force'' means the Plug-in 
        Electric Drive Vehicle Interagency Task Force established by 
        section 305.

  TITLE I--NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM

SEC. 101. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM.

    (a) In General.--There is established within the Department of 
Energy a national plug-in electric drive vehicle deployment program for 
the purpose of assisting in the deployment of plug-in electric drive 
vehicles.
    (b) Goals.--The goals of the national program described in 
subsection (a) include--
          (1) the reduction and displacement of petroleum use by 
        accelerating the deployment of plug-in electric drive vehicles 
        in the United States;
          (2) the reduction of greenhouse gas emissions by accelerating 
        the deployment of plug-in electric drive vehicles in the United 
        States;
          (3) the facilitation of the rapid deployment of plug-in 
        electric drive vehicles;
          (4) the achievement of significant market penetrations by 
        plug-in electric drive vehicles nationally;
          (5) the establishment of models for the rapid deployment of 
        plug-in electric drive vehicles nation- ally, including models 
        for the deployment of residential, private, and publicly 
        available charging infrastructure;
          (6) the increase of consumer knowledge and acceptance of 
        plug-in electric drive vehicles;
          (7) the encouragement of the innovation and investment 
        necessary to achieve mass market deployment of plug-in electric 
        drive vehicles;
          (8) the facilitation of the integration of plug-in electric 
        drive vehicles into electricity distribution systems and the 
        larger electric grid while maintaining grid system performance 
        and reliability;
          (9) the provision of technical assistance to communities 
        across the United States to prepare for plug-in electric drive 
        vehicles; and
          (10) the support of workforce training across the United 
        States relating to plug-in electric drive vehicles.
    (c) Duties.--In carrying out this title, the Secretary shall--
          (1) provide technical assistance to State, local, and tribal 
        governments that want to create deployment programs for plug-in 
        electric drive vehicles in the communities over which the 
        governments have jurisdiction;
          (2) perform national assessments of the potential deployment 
        of plug-in electric drive vehicles under section 102;
          (3) synthesize and disseminate data from the deployment of 
        plug-in electric drive vehicles;
          (4) develop best practices for the successful deployment of 
        plug-in electric drive vehicles;
          (5) carry out workforce training under section 104;
          (6) establish the targeted plug-in electric drive vehicle 
        deployment communities program under section 106; and
          (7) in conjunction with the Task Force, make recommendations 
        to Congress and the President on methods to reduce the barriers 
        to plug-in electric drive vehicle deployment.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act and biennially thereafter, the Secretary shall submit to 
the appropriate committees of Congress a report on the progress made in 
implementing the national program described in subsection (a) that 
includes--
          (1) a description of the progress made by--
                  (A) the technical assistance program under section 
                103; and
                  (B) the workforce training program under section 104; 
                and
          (2) any updated recommendations of the Secretary for changes 
        in Federal programs to promote the purposes of this title.
    (e) National Information Clearinghouse--The Secretary shall make 
available to the public, in a timely manner, information regarding--
          (1) the cost, performance, usage data, and technical data 
        regarding plug-in electric drive vehicles and associated 
        infrastructure, including information from the deployment 
        communities established under section 106; and
          (2) any other educational information that the Secretary 
        determines to be appropriate.
    (f) Authorization of Appropriations.--For the period of fiscal 
years 2011 through 2016, there are authorized to be appropriated 
$100,000,000 to carry out sections 101 through 103.

SEC. 102. NATIONAL ASSESSMENT AND PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall carry out a national assessment and 
develop a national plan for plug-in electric drive vehicle deployment 
that includes--
          (1) an assessment of the maximum feasible deployment of plug-
        in electric drive vehicles by 2020 and 2030;
          (2) the establishment of national goals for market 
        penetration of plug-in electric drive vehicles by 2020 and 
        2030;
          (3) a plan for integrating the successes and barriers to 
        deployment identified by the deployment communities program 
        established under section 106 to prepare communities across the 
        Nation for the rapid deployment of plug-in electric drive 
        vehicles;
          (4) a plan for providing technical assistance to communities 
        across the United States to prepare for plug-in electric drive 
        vehicle deployment;
          (5) a plan for quantifying the reduction in petroleum 
        consumption and the net impact on green-house gas emissions due 
        to the deployment of plug-in electric drive vehicles; and
          (6) in consultation with the Task Force, any recommendations 
        to the President and to Congress for changes in Federal 
        programs (including laws, regulations, and guidelines)--
                  (A) to better promote the deployment of plug-in 
                electric drive vehicles; and
                  (B) to reduce barriers to the deployment of plug-in 
                electric drive vehicles.
    (b) Updates.--Not later than 2 years after the date of development 
of the plan described in subsection (a), and not less frequently than 
once every 2 years thereafter, the Secretary shall use market data and 
information from the targeted plug-in electric drive vehicle deployment 
communities program established under section 106 and other relevant 
data to update the plan to reflect real world market conditions.

SEC. 103. TECHNICAL ASSISTANCE.

    (a) Technical Assistance to State, Local, and Tribal Governments.--
          (1) In general.--In carrying out this title, the Secretary 
        shall provide, at the request of the Governor, Mayor, county 
        executive, or the designee of such an official, technical 
        assistance to State, local, and tribal governments to assist 
        with the deployment of plug-in electric drive vehicles.
          (2) Requirements.--The technical assistance described in 
        paragraph (1) shall include--
                  (A) training on codes and standards for building and 
                safety inspectors;
                  (B) training on best practices for expediting permits 
                and inspections;
                  (C) education and outreach on frequently asked 
                questions relating to the various types of plug-in 
                electric drive vehicles and associated infrastructure, 
                battery technology, and disposal; and
                  (D) the dissemination of information regarding best 
                practices for the deployment of plug-in electric drive 
                vehicles.
          (3) Priority.--In providing technical assistance under this 
        subsection, the Secretary shall give priority to--
                  (A) communities that have established public and 
                private partnerships, including partnerships comprised 
                of--
                          (i) elected and appointed officials from each 
                        of the participating State, local, and tribal 
                        governments;
                          (ii) relevant generators and distributors of 
                        electricity;
                          (iii) public utility commissions;
                          (iv) departments of public works and 
                        transportation;
                          (v) owners and operators of property that 
                        will be essential to the deployment of a 
                        sufficient level of publicly available charging 
                        infrastructure (including privately owned 
                        parking lots or structures and commercial 
                        entities with public access locations);
                          (vi) plug-in electric drive vehicle 
                        manufacturers or retailers;
                          (vii) third-party providers of charging 
                        infrastructure or services;
                          (viii) owners of any major fleet that will 
                        participate in the program;
                          (ix) as appropriate, owners and operators of 
                        regional electric power distribution and 
                        transmission facilities; and
                          (x) other existing community coalitions 
                        recognized by the Department of Energy;
                  (B) communities that, as determined by the Secretary, 
                have best demonstrated that the public is likely to 
                embrace plug-in electric drive vehicles, giving 
                particular consideration to communities that--
                          (i) have documented waiting lists to purchase 
                        plug-in electric drive vehicles;
                          (ii) have developed projections of the 
                        quantity of plug-in electric drive vehicles 
                        supplied to dealers; and
                          (iii) have assessed the quantity of charging 
                        infrastructure installed or for which permits 
                        have been issued;
                  (C) communities that have shown a commitment to 
                serving diverse consumer charging infrastructure needs, 
                including the charging infrastructure needs for single- 
                and multi-family housing and public and privately owned 
                commercial infrastructure; and
                  (D) communities that have established regulatory and 
                educational efforts to facilitate consumer acceptance 
                of plug-in electric drive vehicles, including by--
                          (i) adopting (or being in the process of 
                        adopting) streamlined permitting and 
                        inspections processes for residential charging 
                        infrastructure; and
                          (ii) providing customer informational 
                        resources, including providing plug-in electric 
                        drive information on community or other 
                        websites.
          (4) Best practices.--The Secretary shall collect and 
        disseminate information to State, local, and tribal governments 
        creating plans to deploy plug-in electric drive vehicles on 
        best practices (including codes and standards) that uses data 
        from--
                  (A) the program established by section 106;
                  (B) the activities carried out by the Task Force; and
                  (C) existing academic and industry studies of the 
                factors that contribute to the successful deployment of 
                new technologies, particularly studies relating to 
                alternative fueled vehicles.
          (5) Grants.--
                  (A) In general.--The Secretary shall establish a 
                program to provide grants to State, local, and tribal 
                governments or to partnerships of government and 
                private entities to assist the governments and 
                partnerships--
                          (i) in preparing a community deployment plan 
                        under section 106; and
                          (ii) in preparing and implementing programs 
                        that support the deployment of plug-in electric 
                        drive vehicles.
                  (B) Application.--A State, local, or tribal 
                government that seeks to receive a grant under this 
                paragraph shall submit to the Secretary an application 
                for the grant at such time, in such form, and 
                containing such information as the Secretary may 
                prescribe.
                  (C) Use of funds.--A State, local, or tribal 
                government receiving a grant under this paragraph shall 
                use the funds--
                          (i) to develop a community deployment plan 
                        that shall be submitted to the next available 
                        competition under section 106; and
                          (ii) to carry out activities that encourage 
                        the deployment of plug-in electric drive 
                        vehicles including--
                                  (I) planning for and installing 
                                charging infrastructure, particularly 
                                to develop and demonstrate diverse and 
                                cost-effective planning, installation, 
                                and operations options for deployment 
                                of single family and multi-family 
                                residential, workplace, and publicly 
                                available charging infrastructure;
                                  (II) updating building, zoning, or 
                                parking codes and permitting or 
                                inspection processes;
                                  (III) workforce training, including 
                                the training of permitting officials;
                                  (IV) public education described in 
                                the proposed marketing plan;
                                  (V) shifting State, local, or tribal 
                                government fleets to plug-in electric 
                                drive vehicles, at a rate in excess of 
                                the existing alternative fueled fleet 
                                vehicles acquisition requirements for 
                                Federal fleets under section 
                                303(b)(1)(D) of the Energy Policy Act 
                                of 1992 (42 U.S.C. 13212(b)(1)(D)); and
                                  (VI) any other activities, as 
                                determined to be necessary by the 
                                Secretary.
                  (D) Criteria.--The Secretary shall develop and 
                publish criteria for the selection of technical 
                assistance grants, including requirements for the 
                submission of applications under this paragraph.
                  (E) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this paragraph.
    (b) Updating Model Building Codes, Permitting and Inspection 
Processes, and Zoning or Parking Rules.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        American Society of Heating, Refrigerating and Air-Conditioning 
        Engineers, the International Code Council, and any other 
        organizations that the Secretary determines to be appropriate, 
        shall develop and publish guidance for--
                  (A) model building codes for the inclusion of 
                separate circuits for charging infrastructure, as 
                appropriate, in new construction and major renovations 
                of private residences, buildings, or other structures 
                that could provide publicly available charging 
                infrastructure;
                  (B) model construction permitting or inspection 
                processes that allow for the expedited installation of 
                charging infrastructure for purchasers of plug-in 
                electric drive vehicles (including a permitting process 
                that allows a vehicle purchaser to have charging 
                infrastructure installed not later than 1 week after a 
                request); and
                  (C) model zoning, parking rules, or other local 
                ordinances that--
                          (i) facilitate the installation of publicly 
                        available charging infrastructure, including 
                        commercial entities that provide public access 
                        to infrastructure; and
                          (ii) allow for access to publicly available 
                        charging infrastructure.
          (2) Optional adoption.--An applicant for selection for 
        technical assistance under this section or as a deployment 
        community under section 106 shall not be required to use the 
        model building codes, permitting and inspection processes, or 
        zoning, parking rules, or other ordinances included in the 
        report under paragraph (1).
          (3) Smart grid integration.--In developing the model codes or 
        ordinances described in paragraph (1), the Secretary shall 
        consider smart grid integration.

SEC. 104. WORKFORCE TRAINING.

    (a) Maintenance and Support.--
          (1) In general.--The Secretary, in consultation with the 
        Committee and the Task Force, shall award grants to 
        institutions of higher education and other qualified training 
        and education institutions for the establishment of programs to 
        provide training and education for vocational workforce 
        development through centers of excellence.
          (2) Purpose.--Training funded under this subsection shall be 
        intended to ensure that the workforce has the necessary skills 
        needed to work on and maintain plug-in electric drive vehicles 
        and the infrastructure required to support plug-in electric 
        drive vehicles.
          (3) Scope.--Training funded under this subsection shall 
        include training for--
                  (A) first responders;
                  (B) electricians and contractors who will be 
                installing infrastructure;
                  (C) engineers;
                  (D) code inspection officials; and
                  (E) dealers and mechanics.
    (b) Design.--The Secretary shall award grants to institutions of 
higher education and other qualified training and education 
institutions for the establishment of programs to provide training and 
education in designing plug-in electric drive vehicles and associated 
components and infrastructure to ensure that the United States can lead 
the world in this field.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $150,000,000 to carry out this section.

SEC. 105. FEDERAL FLEETS.

    (a) In General.--Electricity consumed by Federal agencies to fuel 
plug-in electric drive vehicles--
          (1) is an alternative fuel (as defined in section 301 of the 
        Energy Policy Act of 1992 (42 U.S.C. 13218)); 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 every 3 years thereafter, the Federal 
Energy Management Program and the General Services Administration, in 
consultation with the Task Force, shall complete an assessment of 
Federal Government fleets, including the Postal Service and the 
Department of Defense, and submit a report to Congress that describes--
          (1) for each Federal agency, which types of vehicles the 
        agency uses that would or would not be suitable for near-term 
        and medium-term conversion to plug-in electric drive vehicles, 
        taking into account the types of vehicles for which plug-in 
        electric drive vehicles could provide comparable functionality 
        and lifecycle costs;
          (2) how many plug-in electric drive vehicles could be 
        deployed by the Federal Government in 5 years and in 10 years, 
        assuming that plug-in electric drive vehicles are available and 
        are purchased when new vehicles are needed or existing vehicles 
        are replaced;
          (3) the estimated cost to the Federal Government for vehicle 
        purchases under paragraph (2); and
          (4) a description of any updates to the assessment based on 
        new market data.
    (c) Inventory and Data Collection.--
          (1) In general.--In carrying out the assessment and report 
        under subsection (b), the Federal Energy Management Program, in 
        consultation with the General Services Administration, shall--
                  (A) develop an information request for each agency 
                that operates a fleet of at least 20 motor vehicles; 
                and
                  (B) establish guidelines for each agency to use in 
                developing a plan to deploy plug-in electric drive 
                vehicles.
          (2) Agency responses.--Each agency that operates a fleet of 
        at least 20 motor vehicles shall--
                  (A) collect information on the vehicle fleet of the 
                agency in response to the information request described 
                in paragraph (1); and
                  (B) develop a plan to deploy plug-in electric drive 
                vehicles.
          (3) Analysis of responses.--The Federal Energy Management 
        Program shall--
                  (A) analyze the information submitted by each agency 
                under paragraph (2);
                  (B) approve or suggest amendments to the plan of each 
                agency to ensure that the plan is consistent with the 
                goals and requirements of this Act; and
                  (C) submit a plan to Congress and the General 
                Services Administration to be used in developing the 
                pilot program described in subsection (e).
    (d) Budget Request.--Each agency of the Federal Government shall 
include plug-in 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.
    (e) Pilot Program To Deploy Plug-In Electric Drive Vehicles in the 
Federal Fleet.--
          (1) In general.--The Administrator of General Services shall 
        acquire plug-in electric drive vehicles and the requisite 
        charging infrastructure to be deployed in a range of locations 
        in Federal Government fleets, which may include the United 
        States Postal Service and the Department of Defense, during the 
        5-year period beginning on the date of enactment of this Act.
          (2) Data collection.--The Administrator of General Services 
        shall collect data regarding--
                  (A) the cost, performance, and use of plug-in 
                electric drive vehicles in the Federal fleet;
                  (B) the deployment and integration of plug-in 
                electric drive vehicles in the Federal fleet; and
                  (C) the contribution of plug-in electric drive 
                vehicles in the Federal fleet toward reducing the use 
                of fossil fuels and greenhouse gas emissions.
          (3) Report.--Not later than 6 years after the date of 
        enactment of this Act, the Administrator of General Services 
        shall submit to the appropriate committees of Congress a report 
        that--
                  (A) describes the status of plug-in electric drive 
                vehicles in the Federal fleet; and
                  (B) includes an analysis of the data collected under 
                this subsection.
          (4) Public web site.--The Federal Energy Management Program 
        shall maintain and regularly update a publicly available Web 
        site that provides information on the status of plug-in 
        electric drive vehicles in the Federal fleet.
    (f) Acquisition Priority.--Section 507(g) of the Energy Policy Act 
of 1992 (42 U.S.C. 13257(g)) is amended by adding at the end the 
following:
          ``(5) Priority.--The Secretary shall, to the maximum extent 
        practicable, prioritize the acquisition of plug-in electric 
        drive vehicles (as defined in section 131(a) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over 
        nonelectric alternative fueled vehicles.''.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated for the Federal Government to pay for incremental costs to 
purchase or lease plug-in electric drive vehicles and the requisite 
charging infrastructure for Federal fleets $25,000,000.

SEC. 106. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT 
                    COMMUNITIES PROGRAM.

    (a) Establishment.--
          (1) In general.--There is established within the national 
        plug-in electric drive deployment program established under 
        section 101 a targeted plug-in electric drive vehicle 
        deployment communities program (referred to in this section as 
        the ``Program'').
          (2) Existing activities.--In carrying out the Program, the 
        Secretary shall coordinate and supplement, not supplant, any 
        ongoing plug-in electric drive deployment activities under 
        section 131 of the Energy Independence and Security Act of 2007 
        (42 U.S.C. 17011).
          (3) Phase 1.--
                  (A) In general.--The Secretary shall establish a 
                competitive process to select phase 1 deployment 
                communities for the Program.
                  (B) Eligible entities.--In selecting participants for 
                the Program under paragraph (1), the Secretary shall 
                only consider applications submitted by State, tribal, 
                or local government entities (or groups of State, 
                tribal, or local government entities).
                  (C) Selection.--Not later than 1 year after the date 
                of enactment of this Act and not later than 1 year 
                after the date on which any subsequent amounts are 
                appropriated for the Program, the Secretary shall 
                select the phase 1 deployment communities under this 
                paragraph.
                  (D) Termination.--Phase 1 of the Program shall be 
                carried out for a 3-year period beginning on the date 
                funding under this Act is first provided to the 
                deployment community.
          (4) Phase 2.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report that analyzes the lessons learned in phase I and, if, 
        based on the phase I analysis, the Secretary determines that a 
        phase II program is warranted, makes recommendations and 
        describes a plan for phase II, including--
                  (A) recommendations regarding--
                          (i) options for the number of additional 
                        deployment communities that should be selected;
                          (ii) the manner in which criteria for 
                        selection should be updated;
                          (iii) the manner in which incentive 
                        structures for phase 2 deployment should be 
                        changed; and
                          (iv) whether other forms of onboard energy 
                        storage for electric drive vehicles, such as 
                        fuel cells, should be included in phase 2; and
                  (B) a request for appropriations to implement phase 2 
                of the Program.
    (b) Goals.--The goals of the Program are--
          (1) to facilitate the rapid deployment of plug-in electric 
        drive vehicles, including--
                  (A) the deployment of 400,000 plug-in electric drive 
                vehicles in phase 1 in the deployment communities 
                selected under paragraph (2);
                  (B) the near-term achievement of significant market 
                penetration in deployment communities; and
                  (C) supporting the achievement of significant market 
                penetration nationally;
          (2) to establish models for the rapid deployment of plug-in 
        electric drive vehicles nationally, including for the 
        deployment of single-family and multifamily residential, 
        workplace, and publicly available charging infrastructure;
          (3) to increase consumer knowledge and acceptance of, and 
        exposure to, plug-in electric drive vehicles;
          (4) to encourage the innovation and investment necessary to 
        achieve mass market deployment of plug-in electric drive 
        vehicles;
          (5) to demonstrate the integration of plug-in electric drive 
        vehicles into electricity distribution systems and the larger 
        electric grid while maintaining or improving grid system 
        performance and reliability;
          (6) to demonstrate protocols and communication standards that 
        facilitate vehicle integration into the grid and provide 
        seamless charging for consumers traveling through multiple 
        utility distribution systems;
          (7) to investigate differences among deployment communities 
        and to develop best practices for implementing vehicle 
        electrification in various communities, including best 
        practices for planning for and facilitating the construction of 
        residential, workplace, and publicly available infrastructure 
        to support plug-in electric drive vehicles;
          (8) to collect comprehensive data on the purchase and use of 
        plug-in electric drive vehicles, including charging profile 
        data at unit and aggregate levels, to inform best practices for 
        rapidly deploying plug-in electric drive vehicles in other 
        locations, including for the installation of charging 
        infrastructure;
          (9) to reduce and displace petroleum use and reduce 
        greenhouse gas emissions by accelerating the deployment of 
        plug-in electric drive vehicles in the United States; and
          (10) to increase domestic manufacturing capacity and 
        commercialization in a manner that will establish the United 
        States as a world leader in plug-in electric drive vehicle 
        technologies.
    (c) Phase 1 Deployment Community Selection Criteria.--
          (1) In general.--The Secretary shall ensure, to the maximum 
        extent practicable, that selected deployment communities in 
        phase 1 serve as models of deployment for various communities 
        across the United States.
          (2) Selection.--In selecting communities under this section, 
        the Secretary--
                  (A) shall ensure, to the maximum extent practicable, 
                that--
                          (i) the combination of selected communities 
                        is diverse in population density, demographics, 
                        urban and suburban composition, typical 
                        commuting patterns, climate, and type of 
                        utility (including investor-owned, publicly-
                        owned, cooperatively-owned, distribution-only, 
                        and vertically integrated utilities);
                          (ii) the combination of selected communities 
                        is diverse in geographic distribution, and at 
                        least 1 deployment community is located in each 
                        Petroleum Administration for Defense District;
                          (iii) at least 1 community selected has a 
                        population of less than 125,000;
                          (iv) grants are of a sufficient amount such 
                        that each deployment community will achieve 
                        significant market penetration; and
                          (v) the deployment communities are 
                        representative of other communities across the 
                        United States;
                  (B) is encouraged to select a combination of 
                deployment communities that includes multiple models or 
                approaches for deploying plug-in electric drive 
                vehicles that the Secretary believes are reasonably 
                likely to be effective, including multiple approaches 
                to the deployment of charging infrastructure;
                  (C) in addition to the criteria described in 
                subparagraph (A), may give preference to applicants 
                proposing a greater non-Federal cost share; and
                  (D) when considering deployment community plans, 
                shall take into account previous Department of Energy 
                and other Federal investments to ensure that the 
                maximum domestic benefit from Federal investments is 
                realized.
          (3) Criteria.--
                  (A) In general.--Not later than 120 days after the 
                date of enactment of this Act, and not later than 90 
                days after the date on which any subsequent amounts are 
                appropriated for the Program, the Secretary shall 
                publish criteria for the selection of deployment 
                communities that include requirements that applications 
                be submitted by a State, tribal, or local government 
                entity (or groups of State, tribal, or local government 
                entities).
                  (B) Application requirements.--The criteria published 
                by the Secretary under subparagraph (A) shall include 
                application requirements that, at a minimum, include--
                          (i) goals for--
                                  (I) the number of plug-in electric 
                                drive vehicles to be deployed in the 
                                community;
                                  (II) the expected percentage of 
                                light-duty vehicle sales that would be 
                                sales of plug-in electric drive 
                                vehicles; and
                                  (III) the adoption of plug-in 
                                electric drive vehicles (including 
                                medium- or heavy-duty vehicles) in 
                                private and public fleets during the 3-
                                year duration of the Program;
                          (ii) data that demonstrate that--
                                  (I) the public is likely to embrace 
                                plug-in electric drive vehicles, which 
                                may include--
                                          (aa) the quantity of plug-in 
                                        electric drive vehicles 
                                        purchased;
                                          (bb) the number of 
                                        individuals on a waiting list 
                                        to purchase a plug-in electric 
                                        drive vehicle;
                                          (cc) projections of the 
                                        quantity of plug-in electric 
                                        drive vehicles supplied to 
                                        dealers; and
                                          (dd) any assessment of the 
                                        quantity of charging 
                                        infrastructure installed or for 
                                        which permits have been issued; 
                                        and
                                  (II) automobile manufacturers and 
                                dealers will be able to provide and 
                                service the targeted number of plug-in 
                                electric drive vehicles in the 
                                community for the duration of the 
                                program;
                          (iii) clearly defined geographic boundaries 
                        of the proposed deployment area;
                          (iv) a community deployment plan for the 
                        deployment of plug-in electric drive vehicles, 
                        charging infrastructure, and services in the 
                        deployment community;
                          (v) assurances that a majority of the vehicle 
                        deployments anticipated in the plan will be 
                        personal vehicles authorized to travel on the 
                        United States Federal-aid system of highways, 
                        and secondarily, private or public sector plug-
                        in electric drive fleet vehicles, but may also 
                        include--
                                  (I) medium- and heavy-duty plug-in 
                                hybrid vehicles;
                                  (II) low speed plug-in electric drive 
                                vehicles that meet Federal Motor 
                                Vehicle Safety Standards described in 
                                section 571.500 of title 49, Code of 
                                Federal Regulations; and
                                  (III) any other plug-in electric 
                                drive vehicle authorized to travel on 
                                the United States Federal-aid system of 
                                highways; and
                          (vi) any other merit-based criteria, as 
                        determined by the Secretary.
          (4) Community deployment plans.--Plans for the deployment of 
        plug-in electric drive vehicles shall include--
                  (A) a proposed level of cost sharing in accordance 
                with subsection (d)(2)(C);
                  (B) documentation demonstrating a substantial 
                partnership with relevant stakeholders, including--
                          (i) a list of stakeholders that includes--
                                  (I) elected and appointed officials 
                                from each of the participating State, 
                                local, and tribal governments;
                                  (II) all relevant generators and 
                                distributors of electricity;
                                  (III) State utility regulatory 
                                authorities;
                                  (IV) departments of public works and 
                                transportation;
                                  (V) owners and operators of property 
                                that will be essential to the 
                                deployment of a sufficient level of 
                                publicly available charging 
                                infrastructure (including privately 
                                owned parking lots or structures and 
                                commercial entities with public access 
                                locations);
                                  (VI) plug-in electric drive vehicle 
                                manufacturers or retailers;
                                  (VII) third-party providers of 
                                residential, workplace, private, and 
                                publicly available charging 
                                infrastructure or services;
                                  (VIII) owners of any major fleet that 
                                will participate in the program;
                                  (IX) as appropriate, owners and 
                                operators of regional electric power 
                                distribution and transmission 
                                facilities; and
                                  (X) as appropriate, other existing 
                                community coalitions recognized by the 
                                Department of Energy;
                          (ii) evidence of the commitment of the 
                        stakeholders to participate in the partnership;
                          (iii) a clear description of the role and 
                        responsibilities of each stakeholder; and
                          (iv) a plan for continuing the engagement and 
                        participation of the stakeholders, as 
                        appropriate, throughout the implementation of 
                        the deployment plan;
                  (C) a description of the number of plug-in electric 
                drive vehicles anticipated to be plug-in electric drive 
                personal vehicles and the number of plug-in electric 
                drive vehicles anticipated to be privately owned fleet 
                or public fleet vehicles;
                  (D) a plan for deploying residential, workplace, 
                private, and publicly available charging 
                infrastructure, including--
                          (i) an assessment of the number of consumers 
                        who will have access to private residential 
                        charging infrastructure in single-family or 
                        multifamily residences;
                          (ii) options for accommodating plug-in 
                        electric drive vehicle owners who are not able 
                        to charge vehicles at their place of residence;
                          (iii) an assessment of the number of 
                        consumers who will have access to workplace 
                        charging infrastructure;
                          (iv) a plan for ensuring that the charging 
                        infrastructure or plug-in electric drive 
                        vehicle be able to send and receive the 
                        information needed to interact with the grid 
                        and be compatible with smart grid technologies 
                        to the extent feasible;
                          (v) an estimate of the number and dispersion 
                        of publicly and privately owned charging 
                        stations that will be publicly or commercially 
                        available;
                          (vi) an estimate of the quantity of charging 
                        infrastructure that will be privately funded or 
                        located on private property; and
                          (vii) a description of equipment to be 
                        deployed, including assurances that, to the 
                        maximum extent practicable, equipment to be 
                        deployed will meet open, nonproprietary 
                        standards for connecting to plug-in electric 
                        drive vehicles that are either--
                                  (I) commonly accepted by industry at 
                                the time the equipment is being 
                                acquired; or
                                  (II) meet the standards developed by 
                                the Director of the National Institute 
                                of Standards and Technology under 
                                section 1305 of the Energy Independence 
                                and Security Act of 2007 (42 U.S.C. 
                                17385);
                  (E) a plan for effective marketing of and consumer 
                education relating to plug-in electric drive vehicles, 
                charging services, and infrastructure;
                  (F) descriptions of updated building codes (or a plan 
                to update building codes before or during the grant 
                period) to include charging infrastructure or dedicated 
                circuits for charging infrastructure, as appropriate, 
                in new construction and major renovations;
                  (G) descriptions of updated construction permitting 
                or inspection processes (or a plan to update 
                construction permitting or inspection processes) to 
                allow for expedited installation of charging 
                infrastructure for purchasers of plug-in electric drive 
                vehicles, including a permitting process that allows a 
                vehicle purchaser to have charging infrastructure 
                installed in a timely manner;
                  (H) descriptions of updated zoning, parking rules, or 
                other local ordinances as are necessary to facilitate 
                the installation of publicly available charging 
                infrastructure and to allow for access to publicly 
                available charging infrastructure, as appropriate;
                  (I) a plan to ensure that each resident in a 
                deployment community who purchases and registers a new 
                plug-in electric drive vehicle throughout the duration 
                of the deployment community receives, in addition to 
                any Federal incentives, consumer benefits that may 
                include--
                          (i) a rebate of part of the purchase price of 
                        the vehicle;
                          (ii) reductions in sales taxes or 
                        registration fees;
                          (iii) rebates or reductions in the costs of 
                        permitting, purchasing, or installing home 
                        plug-in electric drive vehicle charging 
                        infrastructure; and
                          (iv) rebates or reductions in State or local 
                        toll road access charges;
                  (J) additional consumer benefits, such as preferred 
                parking spaces or single-rider access to high-occupancy 
                vehicle lanes for plug-in electric drive vehicles;
                  (K) a proposed plan for making necessary utility and 
                grid upgrades, including economically sound and 
                cybersecure information technology upgrades and 
                employee training, and a plan for recovering the cost 
                of the upgrades;
                  (L) a description of utility, grid operator, or 
                third-party charging service provider, policies and 
                plans for accommodating the deployment of plug-in 
                electric drive vehicles, including--
                          (i) rate structures or provisions and billing 
                        protocols for the charging of plug-in electric 
                        drive vehicles;
                          (ii) analysis of potential impacts to the 
                        grid;
                          (iii) plans for using information technology 
                        or third-party aggregators--
                                  (I) to minimize the effects of 
                                charging on peak loads;
                                  (II) to enhance reliability; and
                                  (III) to provide other grid benefits; 
                                and
                          (iv) plans for working with smart grid 
                        technologies or third-party aggregators for the 
                        purposes of smart charging and for allowing 2-
                        way communication;
                  (M) a deployment timeline;
                  (N) a plan for monitoring and evaluating the 
                implementation of the plan, including metrics for 
                assessing the success of the deployment and an approach 
                to updating the plan, as appropriate; and
                  (O) a description of the manner in which any grant 
                funds applied for under subsection (d) will be used and 
                the proposed local cost share for the funds.
    (d) Phase 1 Applications and Grants.--
          (1) Applications.--
                  (A) In general.--Not later than 150 days after the 
                date of publication by the Secretary of selection 
                criteria described in subsection (c)(3), any State, 
                tribal, or local government, or group of State, tribal, 
                or local governments may apply to the Secretary to 
                become a deployment community.
                  (B) Joint sponsorship.--
                          (i) In general.--An application submitted 
                        under subparagraph (A) may be jointly sponsored 
                        by electric utilities, automobile 
                        manufacturers, technology providers, carsharing 
                        companies or organizations, third-party plug-in 
                        electric drive vehicle service providers, or 
                        other appropriate entities.
                          (ii) Disbursement of grants.--A grant 
                        provided under this subsection shall only be 
                        disbursed to a State, tribal, or local 
                        government, or group of State, tribal, or local 
                        governments, regardless of whether the 
                        application is jointly sponsored under clause 
                        (i).
          (2) Grants.--
                  (A) In general.--In each application, the applicant 
                may request up to $250,000,000 in financial assistance 
                from the Secretary to fund projects in the deployment 
                community.
                  (B) Use of funds.--Funds provided through a grant 
                under this paragraph may be used to help implement the 
                plan for the deployment of plug-in electric drive 
                vehicles included in the application, including--
                          (i) planning for and installing charging 
                        infrastructure, including offering additional 
                        incentives as described in subsection 
                        (c)(4)(I);
                          (ii) updating building codes, zoning or 
                        parking rules, or permitting or inspection 
                        processes as described in subparagraphs (F), 
                        (G), and (H) of subsection (c)(4);
                          (iii) reducing the cost and increasing the 
                        consumer adoption of plug-in electric drive 
                        vehicles through incentives as described in 
                        subsection (c)(4)(I);
                          (iv) workforce training, including training 
                        of permitting officials;
                          (v) public education and marketing described 
                        in the proposed marketing plan;
                          (vi) shifting State, tribal, or local 
                        government fleets to plug-in electric drive 
                        vehicles, at a rate in excess of the existing 
                        alternative fueled fleet vehicle acquisition 
                        requirements for Federal fleets under section 
                        303(b)(1)(D) of the Energy Policy Act of 1992 
                        (42 U.S.C. 13212(b)(1)(D)); and
                          (vii) necessary utility and grid upgrades as 
                        described in subsection (c)(4)(K).
                  (C) Cost-sharing.--
                          (i) In general.--A grant provided under this 
                        paragraph shall be subject to a minimum non-
                        Federal cost-sharing requirement of 20 percent.
                          (ii) Non-federal sources.--The Secretary 
                        shall--
                                  (I) determine the appropriate cost 
                                share for each selected applicant; and
                                  (II) require that not less than 20 
                                percent of the cost of an activity 
                                funded by a grant under this paragraph 
                                be provided by a non-Federal source.
                          (iii) Reduction.--The Secretary may reduce or 
                        eliminate the cost-sharing requirement 
                        described in clause (i), as the Secretary 
                        determines to be necessary.
                          (iv) Calculation of amount.--In calculating 
                        the amount of the non-Federal share under this 
                        section, the Secretary--
                                  (I) may include allowable costs in 
                                accordance with the applicable cost 
                                principles, including--
                                          (aa) cash;
                                          (bb) personnel costs;
                                          (cc) the value of a service, 
                                        other resource, or third party 
                                        in-kind contribution determined 
                                        in accordance with the 
                                        applicable circular of the 
                                        Office of Management and 
                                        Budget;
                                          (dd) indirect costs or 
                                        facilities and administrative 
                                        costs; or
                                          (ee) any funds received under 
                                        the power program of the 
                                        Tennessee Valley Authority or 
                                        any Power Marketing 
                                        Administration (except to the 
                                        extent that such funds are made 
                                        available under an annual 
                                        appropriation Act);
                                  (II) shall include contributions made 
                                by State, tribal, or local government 
                                entities and private entities; and
                                  (III) shall not include--
                                          (aa) revenues or royalties 
                                        from the prospective operation 
                                        of an activity beyond the time 
                                        considered in the grant;
                                          (bb) proceeds from the 
                                        prospective sale of an asset of 
                                        an activity; or
                                          (cc) other appropriated 
                                        Federal funds.
                          (v) Repayment of federal share.--The 
                        Secretary shall not require repayment of the 
                        Federal share of a cost-shared activity under 
                        this section as a condition of providing a 
                        grant.
                          (vi) Title to property.--The Secretary may 
                        vest title or other property interests acquired 
                        under projects funded under this Act in any 
                        entity, including the United States.
          (3) Selection.--Not later than 120 days after an application 
        deadline has been established under paragraph (1), the 
        Secretary shall announce the names of the deployment 
        communities selected under this subsection.
    (e) Reporting Requirements.--
          (1) In general.--The Secretary, in consultation with the 
        Committee, shall--
                  (A) determine what data will be required to be 
                collected by participants in deployment communities and 
                submitted to the Department to allow for analysis of 
                the deployment communities;
                  (B) provide for the protection of consumer privacy, 
                as appropriate; and
                  (C) develop metrics to evaluate the performance of 
                the deployment communities.
          (2) Provision of data.--As a condition of participation in 
        the Program, a deployment community shall provide any data 
        identified by the Secretary under paragraph (1).
          (3) Reports.--Not later than 3 years after the date of 
        enactment of this Act and again after the completion of the 
        Program, the Secretary shall submit to Congress a report that 
        contains--
                  (A) a description of the status of--
                          (i) the deployment communities and the 
                        implementation of the deployment plan of each 
                        deployment community;
                          (ii) the rate of vehicle deployment and 
                        market penetration of plug-in electric drive 
                        vehicles; and
                          (iii) the deployment of residential and 
                        publicly available infrastructure;
                  (B) a description of the challenges experienced and 
                lessons learned from the program to date, including the 
                activities described in subparagraph (A); and
                  (C) an analysis of the data collected under this 
                subsection.
    (f) Proprietary Information.--The Secretary shall, as appropriate, 
provide for the protection of proprietary information and intellectual 
property rights.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,002,000.
    (h) Conforming Amendment.--Section 166(b)(5) of title 23, United 
States Code, is amended--
          (1) in subparagraph (A), by striking ``Before September 30, 
        2009, the State'' and inserting ``The State''; and
          (2) in subparagraph (B), by striking ``Before September 30, 
        2009, the State'' and inserting ``The State''.

                   TITLE II--RESEARCH AND DEVELOPMENT

SEC. 201. RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Research and Development Program.--
          (1) In general.--The Secretary, in consultation with the 
        Committee, shall establish a program to fund research and 
        development in advanced batteries, plug-in electric drive 
        vehicle components, plug-in electric drive infrastructure, and 
        other technologies supporting the development, manufacture, and 
        deployment of plug-in electric drive vehicles and charging 
        infrastructure.
          (2) Use of funds.--The program may include funding for--
                  (A) the development of low-cost, smart-charging and 
                vehicle-to-grid connectivity technology;
                  (B) the benchmarking and assessment of open software 
                systems using nationally established evaluation 
                criteria; and
                  (C) new technologies in electricity storage or 
                electric drive components for vehicles.
          (3) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the status of the program described in 
        paragraph (1).
    (b) Secondary Use Applications Program.--
          (1) In general.--The Secretary, in consultation with the 
        Committee, shall carry out a research, development, and 
        demonstration program that builds upon any work carried out 
        under section 915 of the Energy Policy Act of 2005 (42 U.S.C. 
        16195) and--
                  (A) identifies possible uses of a vehicle battery 
                after the useful life of the battery in a vehicle has 
                been exhausted;
                  (B) assesses the potential for markets for uses 
                described in subparagraph (A) to develop, as well as 
                any barriers to the development of the markets;
                  (C) identifies the infrastructure, technology, and 
                equipment needed to manage the charging activity of the 
                batteries used in stationary sources; and
                  (D) identifies the potential uses of a vehicle 
                battery--
                          (i) with the most promise for market 
                        development; and
                          (ii) for which market development would be 
                        aided by a demonstration project.
          (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress an initial report on the 
        findings of the program described in paragraph (1), including 
        recommendations for stationary energy storage and other 
        potential applications for batteries used in plug-in electric 
        drive vehicles.
    (c) Secondary Use Demonstration Projects.--
          (1) In general.--Based on the results of the program 
        described in subsection (b), the Secretary, in consultation 
        with the Committee, shall develop guidelines for projects that 
        demonstrate the secondary uses of vehicle batteries.
          (2) Publication of guidelines.--Not later than 30 months 
        after the date of enactment of this Act, the Secretary shall--
                  (A) publish the guidelines described in paragraph 
                (1); and
                  (B) solicit applications for funding for 
                demonstration projects.
          (3) Grant program.--Not later than 38 months after the date 
        of enactment of this Act, the Secretary shall select proposals 
        for grant funding under this section, based on an assessment of 
        which proposals are mostly likely to contribute to the 
        development of a secondary market for batteries.
    (d) Materials Recycling Study.--
          (1) In general.--The Secretary, in consultation with the 
        Committee, shall carry out a study on the recycling of 
        materials from plug-in electric drive vehicles and the 
        batteries used in plug-in electric drive vehicles.
          (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report on the findings of 
        the study described in paragraph (1).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,535,000,000, including--
          (1) $1,500,000,000 for use in conducting the program 
        described in subsection (a) for fiscal years 2011 through 2020;
          (2) $5,000,000 for use in conducting the program described in 
        subsection (b) for fiscal years 2011 through 2016;
          (3) $25,000,000 for use in providing grants described in 
        subsection (c) for fiscal years 2011 through 2020; and
          (4) $5,000,000 for use in conducting the study described in 
        subsection (d) for fiscal years 2011 through 2013.

SEC. 202. ADVANCED BATTERIES FOR TOMORROW PRIZE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, as part of the program described in section 1008 of the 
Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall 
establish the Advanced Batteries for Tomorrow Prize to competitively 
award cash prizes in accordance with this section to advance the 
research, development, demonstration, and commercial application of a 
500-mile vehicle battery.
    (b) Battery Specifications.--
          (1) In general.--To be eligible for the Prize, a battery 
        submitted by an entrant shall be--
                  (A) able to power a plug-in electric drive vehicle 
                authorized to travel on the United States Federal-aid 
                system of highways for at least 500 miles before 
                recharging;
                  (B) of a size that would not be cost-prohibitive or 
                create space constraints, if mass-produced; and
                  (C) cost-effective (measured in cost per kilowatt 
                hour), if mass-produced.
          (2) Additional requirements.--The Secretary, in consultation 
        with the Committee, shall establish any additional battery 
        specifications that the Secretary and the Committee determine 
        to be necessary.
    (c) Private Funds.--
          (1) In general.--Subject to paragraph (2) and notwithstanding 
        section 3302 of title 31, United States Code, the Secretary may 
        accept, retain, and use funds contributed by any person, 
        government entity, or organization for purposes of carrying out 
        this subsection--
                  (A) without further appropriation; and
                  (B) without fiscal year limitation.
          (2) Restriction on participation.--An entity providing 
        private funds for the Prize may not participate in the 
        competition for the Prize.
    (d) Technical Review.--The Secretary, in consultation with the 
Committee, shall establish a technical review committee composed of 
non-Federal officers to review data submitted by Prize entrants under 
this section and determine whether the data meets the prize 
specifications described in subsection (b).
    (e) Third Party Administration.--The Secretary may select, on a 
competitive basis, a third party to administer awards provided under 
this section.
    (f) Eligibility.--To be eligible for an award under this section--
          (1) in the case of a private entity, the entity shall be 
        incorporated in and maintain a primary place of business in the 
        United States; and
          (2) in the case of an individual (whether participating as a 
        single individual or in a group), the individual shall be a 
        citizen or lawful permanent resident of the United States.
    (g) Award Amounts.--
          (1) In general.--Subject to the availability of funds to 
        carry out this section, the amount of the Prize shall be 
        $10,000,000.
          (2) Breakthrough achievement awards.--In addition to the 
        award described in paragraph (1), the Secretary, in 
        consultation with the technical review committee established 
        under subsection (d), may award cash prizes, in amounts 
        determined by the Secretary, in recognition of breakthrough 
        achievements in research, development, demonstration, and 
        commercial application of--
                  (A) activities described in subsection (b); or
                  (B) advances in battery durability, energy density, 
                and power density.
    (h) 500-Mile Battery Award Fund.--
          (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the ``500-mile Battery 
        Fund'' (referred to in this section as the ``Fund''), to be 
        administered by the Secretary, to be available without fiscal 
        year limitation and subject to appropriation, to award amounts 
        under this section.
          (2) Transfers to fund.--The Fund shall consist of--
                  (A) such amounts as are appropriated to the Fund 
                under subsection (i); and
                  (B) such amounts as are described in subsection (c) 
                and that are provided for the Fund.
          (3) Prohibition.--Amounts in the Fund may not be made 
        available for any purpose other than a purposes described in 
        subsection (a).
          (4) Annual reports.--
                  (A) In general.--Not later than 60 days after the end 
                of each fiscal year beginning with fiscal year 2012, 
                the Secretary shall submit a report on the operation of 
                the Fund during the fiscal year to--
                          (i) the Committees on Appropriations of the 
                        House of Representatives and of the Senate;
                          (ii) the Committee on Energy and Natural 
                        Resources of the Senate; and
                          (iii) the Committee on Energy and Commerce of 
                        the House of Representatives.
                  (B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                          (i) A statement of the amounts deposited into 
                        the Fund.
                          (ii) A description of the expenditures made 
                        from the Fund for the fiscal year, including 
                        the purpose of the expenditures.
                          (iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                          (iv) A statement of the balance remaining in 
                        the Fund at the end of the fiscal year.
          (5) Separate appropriations account.--Section 1105(a) of 
        title 31, United States Code, is amended--
                  (A) by redesignating paragraphs (35) and (36) as 
                paragraphs (36) and (37), respectively;
                  (B) by redesignating the second paragraph (33) 
                (relating to obligational authority and outlays 
                requested for homeland security) as paragraph (35); and
                  (C) by adding at the end the following:
          ``(38) a separate statement for the 500-mile Battery Fund 
        established under section 8(h) of the `Promoting Electric 
        Vehicles Act of 2010', which shall include the estimated amount 
        of deposits into the Fund, obligations, and outlays from the 
        Fund.''.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated--
          (1) $10,000,000 to carry out subsection (g)(1); and
          (2) $1,000,000 to carry out subsection (g)(2).

SEC. 203. STUDY ON THE SUPPLY OF RAW MATERIALS.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretary and the Task Force, shall conduct a study that--
          (1) identifies the raw materials needed for the manufacture 
        of plug-in electric drive vehicles, batteries, and other 
        components for plug-in electric drive vehicles, and for the 
        infrastructure needed to support plug-in electric drive 
        vehicles;
          (2) describes the primary or original sources and known 
        reserves and resources of those raw materials;
          (3) assesses, in consultation with the National Academy of 
        Sciences, the degree of risk to the manufacture, maintenance, 
        deployment, and use of plug-in electric drive vehicles 
        associated with the supply of those raw materials; and
          (4) identifies pathways to securing reliable and resilient 
        supplies of those raw materials.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to Congress a 
report that describes the results of the study.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $1,500,000.

SEC. 204. STUDY ON THE COLLECTION AND PRESERVATION OF DATA COLLECTED 
                    FROM PLUG-IN ELECTRIC DRIVE VEHICLES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Committee, shall enter into an agreement with the National Academy of 
Sciences under which the Academy shall conduct a study that--
          (1) identifies--
                  (A) the data that may be collected from plug-in 
                electric drive vehicles, including data on the 
                location, charging patterns, and usage of plug-in 
                electric drive vehicles;
                  (B) the scientific, economic, commercial, security, 
                and historic potential of the data described in 
                subparagraph (A); and
                  (C) any laws or regulations that relate to the data 
                described in subparagraph (A); and
          (2) analyzes and provides recommendations on matters that 
        include procedures, technologies, and rules relating to the 
        collection, storage, and preservation of the data described in 
        paragraph (1)(A).
    (b) Report.--Not later than 15 months after the date of an 
agreement between the Secretary and the Academy under subsection (a), 
the National Academy of Sciences shall submit to the appropriate 
committees of Congress a report that describes the results of the study 
under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

                        TITLE III--MISCELLANEOUS

SEC. 301. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE VEHICLES.

    (a) In General.--The Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2601 et seq.) is amended--
          (1) in section 111(d) (16 U.S.C. 2621(d)), by adding at the 
        end the following:
          ``(20) Plug-in electric drive vehicle planning.--
                  ``(A) Utility plan for plug-in electric drive 
                vehicles.--
                          ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        each electric utility shall develop a plan to 
                        support the use of plug-in electric drive 
                        vehicles, including medium- and heavy-duty 
                        hybrid electric vehicles in the service area of 
                        the electric utility.
                          ``(ii) Requirements.--A plan under clause (i) 
                        shall investigate--
                                  ``(I) various levels of potential 
                                penetration of plug-in electric drive 
                                vehicles in the utility service area;
                                  ``(II) the potential impacts that the 
                                various levels of penetration and 
                                charging scenarios (including charging 
                                rates and daily hours of charging) 
                                would have on generation, distribution 
                                infrastructure, and the operation of 
                                the transmission grid; and
                                  ``(III) the role of third parties in 
                                providing reliable and economical 
                                charging services.
                          ``(iii) Waiver.--
                                  ``(I) In general.--An electric 
                                utility that determines that the 
                                electric utility will not be impacted 
                                by plug-in electric drive vehicles 
                                during the 5-year period beginning on 
                                the date of enactment of this paragraph 
                                may petition the Secretary to waive 
                                clause (i) for 5 years.
                                  ``(II) Approval.--Approval of a 
                                waiver under subclause (I) shall be in 
                                the sole discretion of the Secretary.
                          ``(iv) Updates.--
                                  ``(I) In general.--Each electric 
                                utility shall update the plan of the 
                                electric utility every 5 years.
                                  ``(II) Resubmission of waiver.--An 
                                electric utility that received a waiver 
                                under clause (iii) and wants the waiver 
                                to continue after the expiration of the 
                                waiver shall be required to resubmit 
                                the waiver.
                          ``(v) Exemption.--If the Secretary determines 
                        that a plan required by a State regulatory 
                        authority meets the requirements of this 
                        paragraph, the Secretary may accept that plan 
                        and exempt the electric utility submitting the 
                        plan from the requirements of clause (i).
                  ``(B) Support requirements.--Each State regulatory 
                authority (in the case of each electric utility for 
                which the authority has rate-making authority) and each 
                municipal and cooperative utility shall--
                          ``(i) participate in any local plan for the 
                        deployment of recharging infrastructure in 
                        communities located in the footprint of the 
                        authority or utility;
                          ``(ii) require that charging infrastructure 
                        deployed is interoperable with products of all 
                        auto manufacturers to the maximum extent 
                        practicable; and
                          ``(iii) consider adopting minimum 
                        requirements for deployment of electrical 
                        charging infrastructure and other appropriate 
                        requirements necessary to support the use of 
                        plug-in electric drive vehicles.
                  ``(C) Cost recovery.--Each State regulatory authority 
                (in the case of each electric utility for which the 
                authority has ratemaking authority) and each municipal 
                and cooperative utility may consider whether, and to 
                what extent, to allow cost recovery for plans and 
                implementation of plans.
                  ``(D) Determination.--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 the authority has ratemaking 
                authority), and each municipal and cooperative electric 
                utility, shall complete the consideration, and shall 
                make the determination, referred to in subsection (a) 
                with respect to the standard established by this 
                paragraph.'';
          (2) in section 112(c) (16 U.S.C. 2622(c))--
                  (A) in the first sentence, by striking ``Each State'' 
                and inserting the following:
          ``(1) In general.--Each State'';
                  (B) in the second sentence, by striking ``In the 
                case'' and inserting the following:
          ``(2) Specific standards.--
                  ``(A) Net metering and fossil fuel generation 
                efficiency.--In the case'';
                  (C) in the third sentence, by striking ``In the 
                case'' and inserting the following:
                  ``(B) Time-based metering and communications.--In the 
                case'';
                  (D) in the fourth sentence--
                          (i) by striking ``In the case'' and inserting 
                        the following:
                  ``(C) Interconnection.--In the case''; and
                          (ii) by striking ``paragraph (15)'' and 
                        inserting ``paragraph (15) of section 111(d)'';
                  (E) in the fifth sentence, by striking ``In the 
                case'' and inserting the following:
                  ``(D) Integrated resource planning, rate design 
                modifications, smart grid investments, smart grid 
                information.--In the case''; and
                  (F) by adding at the end the following:
                  ``(E) Plug-in electric drive vehicle planning.--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 
                that paragraph.''; and
          (3) in section 112(d) (16 U.S.C. 2622(d)), in the matter 
        preceding paragraph (1), by striking ``(19)'' and inserting 
        ``(20)''.
    (b) Report.--
          (1) In general.--The Secretary, in consultation with the 
        Technical Advisory Committee, shall convene a group of utility 
        stakeholders, charging infrastructure providers, third party 
        aggregators, and others, as appropriate, to discuss and 
        determine the potential models for the technically and 
        logistically challenging issues involved in using electricity 
        as a fuel for vehicles, including--
                  (A) accommodation for billing for charging a plug-in 
                electric drive vehicle, both at home and at publicly 
                available charging infrastructure;
                  (B) plans for anticipating vehicle to grid 
                applications that will allow batteries in cars as well 
                as banks of batteries to be used for grid storage, 
                ancillary services provision, and backup power;
                  (C) integration of plug-in electric drive vehicles 
                with smart grid, including protocols and standards, 
                necessary equipment, and information technology 
                systems; and
                  (D) any other barriers to installing sufficient and 
                appropriate charging infrastructure.
          (2) Report.--Not later than 2 years after the date of 
        enactment of this Act and biennially thereafter, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        that includes--
                  (A) the issues and model solutions described in 
                paragraph (1); and
                  (B) any other issues that the Task Force and 
                Secretary determine to be appropriate.

SEC. 302. LOAN GUARANTEES.

    (a) 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 4 kilowatt hours of battery 
                capacity; and
                  ``(B) is designed for use in qualified plug-in 
                electric drive motor vehicles but is purchased for 
                nonautomotive applications.
          ``(2) Eligible entity.--The term `eligible entity' means--
                  ``(A) an original equipment manufacturer;
                  ``(B) an electric utility;
                  ``(C) any provider of range extension infrastructure; 
                or
                  ``(D) any other qualified entity, as determined by 
                the Secretary.
    ``(b) Loan Guarantees.--
          ``(1) In general.--The Secretary shall guarantee loans made 
        to eligible entities for the aggregate purchase of not less 
        than 200 qualified automotive batteries in a calendar year that 
        have a total minimum power rating of 1 megawatt and use 
        advanced battery technology.
          ``(2) Restriction.--As a condition of receiving a loan 
        guarantee under this section, an entity purchasing qualified 
        automotive batteries with loan funds guaranteed under this 
        section shall comply with the provisions of the Buy American 
        Act (41 U.S.C. 10a et seq.).
    ``(c) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000.''.
    (b) Loan Guarantees for Charging Infrastructure.--Section 1705(a) 
of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by 
adding at the end the following:
          ``(4) Charging infrastructure and networks of charging 
        infrastructure for plug-in drive electric vehicles, if the 
        charging infrastructure will be operational prior to December 
        31, 2016.''.

SEC. 303. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN LANDFILLS.

    (a) Definition of Advanced Battery.--
          (1) In general.--In this section, the term ``advanced 
        battery'' means a battery that is a secondary (rechargeable) 
        electrochemical energy storage device that has enhanced energy 
        capacity.
          (2) Exclusions.--The term ``advanced battery'' does not 
        include--
                  (A) a primary (nonrechargeable) battery; or
                  (B) a lead-acid battery that is used to start or 
                serve as the principal electrical power source for a 
                plug-in electric drive vehicle.
    (b) Requirement.--An advanced battery from a plug-in electric drive 
vehicle shall be disposed of in accordance with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource 
Conservation and Recovery Act of 1976'').

SEC. 304. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY COMMITTEE.

    (a) In General.--There is established the Plug-in Electric Drive 
Vehicle Technical Advisory Committee to advise the Secretary on the 
programs and activities under this Act.
    (b) Mission.--The mission of the Committee shall be to advise the 
Secretary on technical matters, including--
          (1) the priorities for research and development;
          (2) means of accelerating the deployment of safe, economical, 
        and efficient plug-in electric drive vehicles for mass market 
        adoption;
          (3) the development and deployment of charging 
        infrastructure;
          (4) the development of uniform codes, standards, and safety 
        protocols for plug-in electric drive vehicles and charging 
        infrastructure; and
          (5) reporting on the competitiveness of the United States in 
        plug-in electric drive vehicle and infrastructure research, 
        manufacturing, and deployment.
    (c) Membership.--
          (1) Members.--
                  (A) In general.--The Committee shall consist of not 
                less than 12, but not more than 25, members.
                  (B) Representation.--The Secretary shall appoint the 
                members to Committee from among representatives of--
                          (i) domestic industry;
                          (ii) institutions of higher education;
                          (iii) professional societies;
                          (iv) Federal, State, and local governmental 
                        agencies (including the National Laboratories); 
                        and
                          (v) financial, transportation, labor, 
                        environmental, electric utility, or other 
                        appropriate organizations or individuals with 
                        direct experience in deploying and marketing 
                        plug-in electric drive vehicles, as the 
                        Secretary determines to be necessary.
          (2) Terms.--
                  (A) In general.--The term of a Committee member shall 
                not be longer than 3 years.
                  (B) Staggered terms.--The Secretary may appoint 
                members to the Committee for differing term lengths to 
                ensure continuity in the functioning of the Committee.
                  (C) Reappointments.--A member of the Committee whose 
                term is expiring may be reappointed.
          (3) Chairperson.--The Committee shall have a chairperson, who 
        shall be elected by and from the members.
    (d) Review.--The Committee shall review and make recommendations to 
the Secretary on the implementation of programs and activities under 
this Act.
    (e) Response.--
          (1) In general.--The Secretary shall consider and may adopt 
        any recommendation of the Committee under subsection (c).
          (2) Biennial report.--
                  (A) In general.--Not later than 2 years after the 
                date of enactment of this Act and every 2 years 
                thereafter, the Secretary shall submit to the 
                appropriate committees of Congress a report describing 
                any new recommendations of the Committee.
                  (B) Contents.--The report shall include--
                          (i) a description of the manner in which the 
                        Secretary has implemented or plans to implement 
                        the recommendations of the Committee; or
                          (ii) an explanation of the reason that a 
                        recommendation of the Committee has not been 
                        implemented.
                  (C) Timing.--The report described in this paragraph 
                shall be submitted by the Secretary at the same time 
                the President submits the budget proposal for the 
                Department of Energy to Congress.
    (f) Coordination.--The Committee shall--
          (1) hold joint annual meetings with the Hydrogen and Fuel 
        Cell Technical Advisory Committee established by section 807 of 
        the Energy Policy Act of 2005 (42 U.S.C. 16156) to help 
        coordinate the work and recommendations of the Committees; and
          (2) coordinate efforts, to the maximum extent practicable, 
        with all existing independent, departmental, and other advisory 
        Committees, as determined to be appropriate by the Secretary.
    (g) Support.--The Secretary shall provide to the Committee the 
resources necessary to carry out this section, as determined to be 
necessary by the Secretary.

SEC. 305. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK FORCE.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the President shall establish the Plug-in 
Electric Drive Vehicle Interagency Task Force, to be chaired by the 
Secretary and which shall consist of at least 1 representative from 
each of--
          (1) the Office of Science and Technology Policy;
          (2) the Council on Environmental Quality;
          (3) the Department of Energy;
          (4) the Department of Transportation;
          (5) the Department of Defense;
          (6) the Department of Commerce (including the National 
        Institute of Standards and Technology);
          (7) the Environmental Protection Agency;
          (8) the General Services Administration; and
          (9) any other Federal agencies that the President determines 
        to be appropriate.
    (b) Mission.--The mission of the Task Force shall be to ensure 
awareness, coordination, and integration of the activities of the 
Federal Government relating to plug-in electric drive vehicles, 
including--
          (1) plug-in electric drive vehicle research and development 
        (including necessary components);
          (2) the development of widely accepted smart-grid standards 
        and protocols for charging infrastructure;
          (3) the relationship of plug-in electric drive vehicle 
        charging practices to electric utility regulation;
          (4) the relationship of plug-in electric drive vehicle 
        deployment to system reliability and security;
          (5) the general deployment of plug-in electric drive vehicles 
        in the Federal, State, and local governments and for private 
        use;
          (6) the development of uniform codes, standards, and safety 
        protocols for plug-in electric drive vehicles and charging 
        infrastructure; and
          (7) the alignment of international plug-in electric drive 
        vehicle standards.
    (c) Activities.--
          (1) In general.--In carrying out this section, the Task Force 
        may--
                  (A) organize workshops and conferences;
                  (B) issue publications; and
                  (C) create databases.
          (2) Mandatory activities.--In carrying out this section, the 
        Task Force shall--
                  (A) foster the exchange of generic, nonproprietary 
                information and technology among industry, academia, 
                and the Federal Government;
                  (B) integrate and disseminate technical and other 
                information made available as a result of the programs 
                and activities under this Act;
                  (C) support education about plug-in electric drive 
                vehicles;
                  (D) monitor, analyze, and report on the effects of 
                plug-in electric drive vehicle deployment on the 
                environment and public health, including air emissions 
                from vehicles and electricity generating units; and
                  (E) review and report on--
                          (i) opportunities to use Federal programs 
                        (including laws, regulations, and guidelines) 
                        to promote the deployment of plug-in electric 
                        drive vehicles; and
                          (ii) any barriers to the deployment of plug-
                        in electric drive vehicles, including barriers 
                        that are attributable to Federal programs 
                        (including laws, regulations, and guidelines).
    (d) Agency Cooperation.--A Federal agency--
          (1) shall cooperate with the Task Force; and
          (2) provide, on request of the Task Force, appropriate 
        assistance in carrying out this section, in accordance with 
        applicable Federal laws (including regulations).

                                Purpose

    The purpose of S. 3495 is to promote the deployment of 
plug-in electric drive vehicles.

                          Background and Need

    Plug-in electric drive vehicles generally derive some 
motive power from electric motors that are powered by stored 
electricity originally derived from the electric grid. If these 
vehicles can become a significant part of the nation's overall 
vehicle fleet, their decreased reliance on oil-derived fuels 
would dramatically reduce domestic petroleum consumption and 
green house gas emissions. In addition, electric power is often 
significantly cheaper per mile than oil-derived fuels, 
particularly during non-peak hours, providing ongoing economic 
benefits to consumers. As a result of these projected benefits, 
the Federal Government has undertaken a number of efforts to 
promote the development of these vehicles and their adoption by 
the public at large. However, like most new technologies, 
electric-drive vehicles are expected to face a variety of 
market entry challenges, including consumer uncertainty, higher 
initial manufacturing costs, and lack of supporting 
infrastructure.
    S. 3495 aims to accelerate the introduction of electric 
cars and trucks throughout the country by creating a National 
Plug-In Electric Drive Vehicle Deployment Program, which 
includes technical assistance and grants to state, local, and 
tribal governments to help facilitate the deployment of 
electric vehicles; a Targeted Plug-In Electric Drive Vehicle 
Deployment Communities Program; a robust Research and 
Development program at the Department of Energy; and related 
provisions.

                          Legislative History

    S. 3495 was introduced by Senator Dorgan on June 15, 2010. 
The Committee on Energy and Natural Resources held a hearing on 
the bill on June 22, 2010. The Committee on Energy and Natural 
Resources considered the bill and ordered it favorably reported 
with an amendment in the nature of a substitute on July 21, 
2010.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in an open 
business session on July 21, 2010, by a roll call vote of a 
quorum present, recommends that the Senate pass S. 3495, if 
amended as described herein.
    The rollcall vote on reporting the measure was 19 yeas, 4 
nays, as follows:
        YEAS                          NAYS
Mr. Bingaman                        Mr. Barrasso
Mr. Dorgan                          Mr. McCain
Mr. Wyden                           Mr. Bunning*
Mr. Johnson*                        Mr. Sessions
Ms. Landrieu*
Ms. Cantwell*
Mr. Menendez*
Mrs. Lincoln*
Mr. Sanders
Mr. Bayh*
Ms. Stabenow
Mr. Udall
Mrs. Shaheen
Ms. Murkowski
Mr. Burr
Mr. Brownback
Mr. Risch
Mr. Bennett
Mr. Corker

    *Indicates vote by proxy.

                          Committee Amendment

    During its consideration of S. 3495, the Committee adopted 
an amendment in the nature of a substitute. Among other things, 
the amendment modifies section 103(a)(5)(C), on the use of 
grant funds for charging infrastructure; amends section 
103(a)(3), to allow public-private partnerships to apply for 
grants; adds an authorization of appropriations in section 
103(a)(5)(E); specifically makes the Postal Service and the 
Department of Defense eligible to participate in the Federal 
fleet pilot program in section 105(b); amends section 507 of 
the Energy Policy Act of 1992 to give priority to electric 
vehicles in Federal fleets; scales back the scope of the 
deployment communities program in section 106; adds research 
and development on electric drive components to the list of 
research activities covered under title II; narrows the scope 
of issues required to be considered in the National Academy of 
Sciences study under section 204; amends title XVII of the 
Energy Policy Act of 2005 to make charging infrastructure 
eligible for loan guarantees; and requires advanced batteries 
to be disposed of in accordance with the Resource Conservation 
and Recovery Act of 1976. The substitute amendment is explained 
in detail in the section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 provides a short title.
    Section 2 makes findings.
    Section 3 defines key terms.

  TITLE I--NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM

    Section 101(a) establishes within the Department of Energy 
a national plug-in electric drive vehicle deployment program.
    Subsection (b) establishes goals for the program, including 
reduction of petroleum use and greenhouse gas emissions through 
deployment of plug-in electric drive vehicles; establishing 
models for the rapid deployment of plug-in electric drive 
vehicles; increasing consumer knowledge and acceptance; 
encouraging innovation and investment; facilitating integration 
into the electric distribution system; providing technical 
assistance to communities; and supporting workforce training.
    Subsection (c) prescribes the duties of the Secretary of 
Energy in carrying out the program, including providing 
technical assistance, performing national assessments, 
disseminating data, developing best practices, carrying out 
workforce training, and establishing a deployment communities 
program.
    Subsection (d) requires the Secretary to report progress 
made in implementing the program to Congress.
    Subsection (e) requires the Secretary to make information 
regarding plug-in electric drive vehicles and associated 
infrastructure available to the public.
    Subsection (f) authorizes the appropriation of $100 million 
over the period of fiscal years 2011 through 2016 to carry out 
sections 101 through 103.
    Section 102 requires the Secretary to perform a national 
assessment of opportunities to deploy plug-in electric drive 
vehicles and create a national plan for deployment.
    Subsection (a) requires the plan to include: an assessment 
of the maximum number of plug-in electric drive vehicles that 
will be deployed by 2020 and 2030; national goals for market 
penetration of plug-in electric drive vehicles by 2020 and 
2030; a plan for integrating the successes and barriers that 
are identified by the deployment communities program 
established under section 106; a plan for providing technical 
assistance to communities; a plan for quantifying reductions in 
petroleum consumption and greenhouse gas emissions resulting 
from the deployment of plug-in electric drive vehicles; and 
recommendations to promote the deployment of, and reduce 
barriers to the deployment of, plug-in electric drive vehicles.
    Subsection (b) requires the Secretary to update the plan at 
least once every two years to reflect real world market 
conditions, using market data and information from the 
deployment communities program established under section 106.
    Section 103(a)(1) requires the Secretary of Energy to 
provide technical assistance to State, local, and tribal 
governments to assist with the national deployment of plug-in 
electric drive vehicles.
    Paragraph (2) requires the technical assistance to include: 
training codes and standards for building and safety 
inspectors; training on best practices for expediting permits 
and inspections; education and outreach on the various types of 
plug-in electric drive vehicles and the associated technology; 
and dissemination of information on best practices for the 
deployment of plug-in electric drive vehicles.
    Paragraph (3) directs the Secretary to give priority to 
communities that have established public-private partnerships, 
demonstrated public support, shown a commitment to meeting 
consumer charging infrastructure needs, and established 
regulatory and education efforts to facilitate consumer 
acceptance.
    Paragraph (4) requires the Secretary to collect and 
disseminate information on best practices.
    Paragraph (5) directs the secretary to establish a program 
to provide grants to State, local, and tribal governments, or 
to partnerships of government and private entities to assist 
them in preparing community deployment plans under section 106.
    Subsection (b) directs the Secretary of Energy to work with 
relevant groups to develop and publish guidance for: model 
building codes for charging infrastructure; model construction 
permitting or inspection processes that allow for expedited 
installation of charging infrastructure; and model zoning, 
parking rules, or other local ordinances that facilitate 
installation of, and access to, publicly available charging 
infrastructure.
    Section 104 directs the Secretary to award grants to 
educational institutions to train first responders; 
electricians and contractors who will install infrastructure; 
engineers; code inspection officials; and dealers and mechanics 
in order to ensure that the workforce has the necessary skills 
to maintain plug-in electric drive vehicles and their 
supporting infrastructure.
    Subsection (b) directs the Secretary to award grants to 
educational institutions for programs to provide training in 
the design of plug-in electric drive vehicles and associated 
components and infrastructure.
    Subsection (c) authorizes $150 million for grants under 
section 104.
    Section 105(a) provides that electricity consumed by 
Federal agencies to fuel plug-in electric drive vehicles is an 
alternative fuel within the meaning of section 301 of the 
Energy Policy Act of 1992, and is to be counted under Federal 
fleet management reporting requirements rather than Federal 
building management reporting requirements.
    Subsection (b) directs the Federal Energy Management 
Program and the General Services Administration to compile a 
report on how many plug-in electric drive vehicles could be 
deployed in federal fleets based on needed functionality and 
lifecycle costs and the estimated cost to the Federal 
Government.
    Subsection (c)(1) directs the Federal Energy Management 
Program, in consultation with the General Services 
Administration, to develop information requests for each agency 
and establish guidelines for each agency to use in deploying a 
plug-in electric drive vehicles. Paragraph (2) requires each 
Federal agency that operates a fleet of at least 20 motor 
vehicles to collect the information requested and to develop a 
plan to deploy plug-in electric drive vehicles.
    Subsection (d) directs Federal agencies to provide plug-in 
electric drive vehicle purchase plans as part of the 
President's budget request.
    Subsection (e) directs the Administrator of the General 
Services Administration to acquire and deploy plug-in electric 
drive vehicles to be used in a pilot program in federal fleets 
and authorizes funds to cover incremental costs.
    Subsection (f) directs the Secretary to prioritize the 
purchase of plug-in electric drive vehicles for the Federal 
fleet, to the maximum extent practicable.
    Subsection (g) authorizes the appropriation of $25 million 
for the incremental cost of purchasing or leasing plug-in 
electric drive vehicles and charging infrastructure for federal 
fleets.
    Section 106(a)(1) establishes a targeted plug-in electric 
drive vehicle deployment communities program.
    Paragraph (2) requires the Secretary to coordinate and 
supplement, rather than supplant, the plug-in electric drive 
vehicle deployment activities under section 131 of the Energy 
Independence and Security Act of 2007.
    Paragraph (3)(A) directs the Secretary to establish a 
competitive process to select phase 1 deployment communities. 
Subparagraph (B) provides that only State, tribal, or local 
governments may apply to become a deployment community under 
phase 1. Subparagraph (C) requires the Secretary to select 
phase 1 deployment communities within one year after the date 
of enactment and funds being appropriated for the Program. 
Subparagraph (D) requires phase 1 to be carried out over the 
three year period after funds are first provided to the 
deployment community.
    Paragraph (4) requires the Secretary to report to Congress 
within three years after the date of enactment on the lessons 
learned from phase 1 and to make recommendations and propose a 
plan for phase 2, if the Secretary determines that a second 
phase is warranted.
    Subsection (b) establishes goals for the deployment 
communities program.
    Subsection (c) establishes selection criteria for phase 1 
deployment communities. Among other things, the Secretary is 
required to ensure, to the maximum extent practicable, 
geographic and demographic diversity, and the selection of at 
least one community that has a population of less than 125,000. 
The Secretary is also encouraged to select a combination of 
deployment communities that include multiple models or 
approaches for deploying plug-in electric drive vehicles.
    Subsection (d)(1)(A) permits State, tribal, and local 
governments, or combinations of such governments, to apply to 
become a deployment community. Paragraph (1)(B) permits 
applications to be jointly sponsored by other entities.
    Paragraph (2)(A) permits applicants to request up to 
$250,000,000 in financial assistance from the Secretary to fund 
projects in the deployment community. Paragraph (2)(B) 
specifies permissible uses of the funds. Paragraph (2)(C) 
requires communities to provide at least 20 percent of the 
funding for their program from non-Federal sources.
    Paragraph (3) requires the Secretary to announce the 
deployment communities selected within 120 days after the 
application deadline.
    Subsection (e) requires deployment communities, as a 
condition of participation in the Program, to provide any data 
needed by the Secretary to evaluate their performance. It also 
requires the Secretary to report to Congress on the Program 
within three years of enactment of the Act.
    Subsection (f) requires the Secretary to protect 
proprietary information and intellectual property rights.
    Subsection (g) authorizes appropriation of $2,000,002,000 
for the deployment communities program.
    Subsection (h) amends section 166(b)(5) of title 23, United 
States Code, to reinstate and make permanent the authority for 
low emission vehicles to use high occupancy vehicle lanes.

                   TITLE II--RESEARCH AND DEVELOPMENT

    Section 201(a) directs the Secretary to establish a 
research and development program to work on all aspects of the 
development, production, and deployment of electric vehicles 
and relevant components.
    Subsection (b) directs the Secretary to conduct a research, 
development, and demonstration program to identify and assess 
possible uses for vehicle batteries at the end of their useful 
life in a vehicle.
    Subsection (c) directs the Secretary to develop guidelines 
for projects that demonstrate the secondary uses of vehicle 
batteries and to provide grants for demonstration projects 
likely to contribute to the development of a secondary market 
for batteries.
    Subsection (d) directs the Secretary to carry out a study 
on recycling materials from electric vehicles and batteries and 
to report to Congress within two years after the date of 
enactment.
    Subsection (e) authorizes the appropriation of 
$1,535,000,000 to carry out section 201.
    Section 202(a) directs the Secretary to establish the 
Advanced Batteries for Tomorrow Prize to advance the research, 
development, demonstration, and commercial application of a 
500-mile vehicle battery by offering competitively awarded cash 
prizes.
    Subsection (b) specifies eligibility requirements for 
battery entries and authorizes the Secretary to establish 
additional requirements.
    Subsection (c) authorizes the Secretary to accept, retain, 
and use private funds for the Prize without further 
appropriation.
    Subsection (d) directs the Secretary to establish a 
technical review committee to review entries.
    Subsection (e) authorizes the Secretary to select a third 
party to administer awards of the Prize.
    Subsection (f) establishes eligibility requirements of 
entrants.
    Subsection (g)(1) provides that the Prize will be $10 
million, subject to the availability of funds. Paragraph (2) 
permits the Secretary to award additional cash prizes, in 
amounts determined by the Secretary, for breakthrough 
achievements in research, development, demonstration, and 
commercial application.
    Subsection (h) establishes a 500-mile Battery Fund in the 
Treasury.
    Subsection (i) authorizes the appropriation of $10 million 
for the 500-mile Battery Prize and $1 million for the 
breakthrough achievement awards.
    Section 203(a) directs the Secretary of the Interior to 
conduct a study identifying the raw materials needed to 
manufacture plug-in electric drive vehicles, batteries, and 
other components; to describe the known sources of these 
materials and the risks associated with their supply; and to 
identify ways to secure the supply chain of critical raw 
materials. Subsection (b) requires the Secretary of the 
Interior to report the results of the study to Congress within 
three years after the date of enactment. Subsection (c) 
authorizes the appropriation of $1.5 million for the study and 
report.
    Section 204(a) directs the Secretary of Energy to enter 
into an agreement with the National Academy of Sciences to 
conduct a study to identify the data that may be collected from 
electric vehicles, (such as location, charging patterns and 
usage of electric vehicles) and analyze and provide 
recommendations on procedures, technologies, and rules relating 
to the collection, storage, and preservation of this data. 
Subsection (b) requires the National Academy to report the 
results of the study to Congress within 15 months after 
entering into the agreement with the Secretary. Subsection (c) 
authorizes the appropriation of $1 million for the study and 
report.

                        TITLE III--MISCELLANEOUS

    Section 301(a)(1) amends section 111(d) of the Public 
Utility Regulatory Policies Act of 1978 to require state 
regulatory authorities to consider adopting a plan to support 
the deployment of plug-in electric drive vehicles. This plan 
requires electric utilities to consider the potential levels of 
plug-in penetration that they might expect to see on their 
systems in the near term, investigate the potential impacts on 
their transmission and distribution infrastructure, and plan 
for the deployment of electric vehicles in their service area. 
Any utility that does not anticipate meaningful electric 
vehicle penetration on their system can request that this 
requirement be waived.
    Subsection (a)(2) makes technical and conforming amendments 
to section 112(c) of the Public Utility Regulatory Policies Act 
of 1978.
    Subsection (a)(3) makes a further conforming amendment to 
section 112(d) of the Public Utility Regulatory Policies Act of 
1978.
    Subsection (b) requires the Secretary to convene a group of 
stakeholders from utilities, charging infrastructure companies, 
and others to investigate potential models for billing, smart 
grid integration, and future vehicle to grid opportunities.
    Section 302 provides loan guarantees for eligible entities 
that purchase more than 200 qualified automotive batteries in a 
calendar year for use in nonautomotive applications. This 
provision is designed to help attract battery manufacturing 
facilities to the U.S. while plug-in electric drive vehicle 
production is still ramping up.
    Section 303 requires that batteries from plug-in electric 
drive motor vehicles be disposed of in accordance with the 
Solid Waste Disposal Act.
    Section 304 establishes a technical advisory committee to 
advise the Secretary of Energy on matters relating to plug-in 
electric drive vehicles. The committee is to coordinate with 
the Hydrogen and Fuel Cells Technical Advisory Committee and 
the Biomass Research and Development Technical Advisory 
Committee.
    Section 305 establishes an Interagency Task Force, chaired 
by the Secretary of Energy, to coordinate federal actions 
related to plug-in electric drive vehicles and infrastructure.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 3495--Promoting Electric Vehicles Act of 2010

    Summary: S. 3495 would authorize appropriations for 
activities aimed at promoting the development of plug-in, 
electric-drive vehicles and related infrastructure. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing S. 3495 would cost about $4 billion over the 2011-
2015 period. Enacting S. 3495 would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures do not apply.
    S. 3495 would impose an intergovernmental and private-
sector mandate, as defined in the Unfunded Mandates Reform Act 
(UMRA), on state regulatory authorities and electric utilities. 
CBO estimates that the costs of complying with that mandate 
would fall well below the annual thresholds established in UMRA 
for intergovernmental or private-sector mandates ($70 million 
and $141 million in 2010, respectively, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3495 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2011-
                                                        2011      2012      2013      2014      2015      2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.................................     3,874       100       100       100       100     4,274
Estimated Outlays...................................       732     1,188       933       750       427     4,030
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 3495 would direct the Department of 
Energy (DOE) to carry out research and development programs and 
undertake a variety of related efforts to promote the 
development of plug-in electric vehicles and related 
infrastructure. For fiscal year 2010, DOE received a total of 
just over $100 million for programs to develop batteries and 
technologies related to electric-drive vehicles. S. 3495 would 
specifically authorize appropriations totaling nearly $4.3 
billion over the 2011-2015 period to greatly expand existing 
programs and establish new initiatives. That amount includes:
           $2 billion to make competitive grants of up 
        to $250 million each to state, local, or tribal 
        governments to implement plans to develop necessary 
        infrastructure and related systems to support up to 
        400,000 electric-drive vehicles;
           $1.5 billion for research and development 
        related to advanced batteries and related technologies;
           $500 million to provide technical assistance 
        to state and local governments to develop necessary 
        systems and infrastructure to support widespread 
        deployment of plug-in, electric-drive vehicles;
           $150 million for grants to institutions of 
        higher education and other qualified entities that 
        offer vocational training related to plug-in, electric-
        drive vehicles and related infrastructure;
           $50 million to cover the cost of federal 
        loan guarantees to support bulk purchases by certain 
        entities of electric-drive vehicle batteries for 
        nonautomotive use;
           $25 million to procure plug-in, electric-
        drive vehicles for federal agencies; and
           $14 million for other studies, reports, and 
        activities.
    Based on historical spending patterns for DOE programs 
related to research and development of vehicle technologies, 
CBO estimates that implementing S. 3495 would cost about $4 
billion over the 2011-2015 period, with additional spending (of 
about $0.2 billion) occurring in later years. That estimate 
assumes that S. 3495 will be enacted in 2010 and that 
appropriations will be provided as specified by the bill.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 3495 would 
impose an intergovernmental and private-sector mandate, as 
defined in UMRA, requiring state regulatory authorities and 
electric utilities to consider developing a standard for 
electric-vehicle planning. Because those entities would not be 
required to implement those standards, CBO estimates that the 
annual costs of the mandate would fall well below the 
thresholds established in UMRA for intergovernmental and 
private-sector mandates ($70 million and $141 million in 2010, 
respectively, adjusted annually for inflation).
    The bill would authorize grants to state, local, and tribal 
governments for programs to support the deployment of plug-in 
electric vehicles. The bill also would authorize grants to 
institutions of higher education to provide training relating 
to electric vehicle maintenance. Any costs to those entities 
would be incurred voluntarily as a condition of federal 
assistance.
    Estimate prepared by: Federal costs: Megan Carroll; Impact 
on state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evalution

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 3495.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional regulatory paperwork would 
result from the enactment of S. 3495, as ordered reported, 
except to the extent that state regulatory authorities adopt 
the plug-in electric drive vehicle planning standard under 
section 301.

                   Congressionally Directed Spending

    S. 3495, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
June 22, 2010 Full Committee hearing on S. 3495 follows:

    Statement of David B. Sandalow, Assistant Secretary, Policy and 
              International Affairs, Department of Energy


                              introduction


    Chairman Bingaman, Ranking Member Murkowski, and other 
Members of the Committee, thank you for the opportunity to 
appear before you today to discuss electric drive vehicles.
    The Department of Energy shares the Committee's goals for 
accelerating electric drive vehicle deployment as a way to 
address two critical challenges facing our nation--reducing our 
dependence on petroleum and mitigating greenhouse gas 
emissions.
    Nowhere are these priorities more challenging than in the 
transportation sector, which accounts for two-thirds of our 
petroleum consumption and about a third of our greenhouse gas 
emissions.\1\ Electric drive will play a key role in meeting 
these challenges. Simply put, drivetrain electrification can 
dramatically reduce both petroleum use and greenhouse gas 
emissions--whether we're talking about hybrids or plug-ins that 
use biofuel and renewable electricity, full electric vehicles 
recharged with renewable electricity, or fuel cell vehicles 
that use renewable hydrogen.
---------------------------------------------------------------------------
    \1\Transportation Energy Data Book: Edition 28, calculated from 
data in Table 1.13 and Table 1.16
---------------------------------------------------------------------------
    The American Recovery and Reinvestment Act (P.L. 111-5) 
supported an unprecedented investment in our nation's 
manufacturing capacity and infrastructure for electric drive 
vehicles. With Recovery Act funds, U.S. manufacturers are 
building the capacity to produce 50,000 Plug-in Hybrid Electric 
Vehicle (PHEV) batteries annually by the end of 2011 and 
500,000 PHEV batteries annually by December 2014. As you know--
with more than 95 percent of today's lithium-ion batteries for 
consumer electronics made in Asia--this commitment to building 
U.S. manufacturing capacity is significant and provides us an 
opportunity to lead the world in advanced lithium-ion battery 
technology.
    Recovery Act funds are also supporting the largest-ever 
coordinated deployment of nearly 7,000 electric vehicles and 
more than 16,000 electric charging points. The detailed 
operational data we collect through this deployment will 
provide important insights about vehicle usage, charging 
patterns, and potential impacts on our nation's electrical grid 
necessary for accelerating broader, long-term deployment of 
vehicles and infrastructure. I will also add Recovery Act funds 
are supporting a number of programs to educate code officials, 
first responders, technicians, and engineers who are critical 
components of the human infrastructure needed for the 
successful transition to electrified transportation, both in 
terms of consumer acceptance and public safety. All together, 
this $2.4 billion investment through the Recovery Act supports 
48 competitively-selected and cost-shared electric drive 
vehicle projects in more than 20 states that will directly 
result in the creation of tens of thousands of jobs in the U.S. 
battery and auto industries.
    With that as a foundation, I am pleased to offer the 
Department's perspective on the Promoting Electric Vehicles Act 
of 2010 (S. 3495).


            comments on the promoting electric vehicles act


                                of 2010


    The Promoting Electric Vehicles Act of 2010 includes 
several important provisions to promote near-term deployment of 
plug-in electric drive vehicles, which complement and 
supplement the Department's ongoing activities, funded both 
through the Recovery Act and annual appropriations.
    The Department recognizes the potential benefits of 
activities such as those proposed by the National Plug-in 
Electric Drive Vehicle Deployment Program, including technical 
assistance, workforce training, and a targeted communities 
program to facilitate the rapid deployment of plug-in vehicles. 
We believe that such an effort will create models, and 
facilitate the local leadership necessary for faster EV 
adoption across the country, and would be a natural extension 
of the activities being undertaken through our Office of Energy 
Efficiency and Renewable Energy, Vehicle Technologies Program's 
Outreach, Deployment & Analysis (VT/ODA) activities, such as 
Clean Cities. The targeted deployment program would offer 
communities of different sizes in various parts of the country 
an opportunity to execute various deployment approaches and 
develop best practices that can be shared nationwide to address 
critical questions about planning and managing vehicle and 
charging infrastructure deployment.
    The Department appreciates that the community selection 
criteria includes an emphasis on diversity of climate and type 
of electric utility. Such diversity in pilot programs, 
particularly across electricity-generation sources, will be 
crucial for estimating the environmental impacts of expanded 
adoption of plug-in electric drive vehicles.
    We also agree with the Committee's decision to limit the 
number of targeted deployment communities to no more than 15, 
initially. Starting with a smaller number would allow us to 
focus resources and build a team of experts that can support a 
more widespread rollout through communication of best practices 
and lessons learned to other cities nationwide. We are already 
examining ways to work more closely with communities on vehicle 
electrification and infrastructure deployment, particularly in 
connection with our Clean Cities Program. The coalitions that 
comprise the Clean Cities network bring together state and 
local governments, early adopter fleets, local utilities, 
infrastructure developers, and other key stakeholders in a 
community to advance the deployment of alternative fuel 
vehicles. These public private partnerships are proven and 
effective resources for sharing information at the local level 
and are primed to support the rollout of electric drive 
vehicles and infrastructure. Through Clean Cities, we are 
planning a workshop, now scheduled for July 22, to engage key 
stakeholders in a discussion of critical issues such as codes, 
standards, and permitting of electric charging infrastructure 
and electric vehicle deployment best practices. Our goal is to 
better understand how the Department can support local 
community efforts to deploy EVs and infrastructure.
    To maximize the effectiveness of the targeted communities 
program, the Department would seek to coordinate this effort 
with related ongoing projects to deploy electric drive vehicles 
and infrastructure. Our Recovery Act projects for 
transportation electrification are building critical expertise 
through large-scale vehicle and infrastructure deployment, 
collecting data on vehicle-grid interaction and producing 
valuable lessons learned that can support and help to 
accelerate future deployments in other communities. In 
addition, we appreciate the thoroughness and detail of the 
deployment community selection criteria as outlined in the 
legislation, which would help to ensure the selected 
communities stand up as models for deployment across the 
country.
    Regarding the specified 120 days for applicants to submit 
proposals, we are concerned about asking communities to 
complete a significant amount of groundwork and coordination 
with multiple stakeholders prior to submitting their 
applications--much more than they're used to accomplishing. We 
believe 120 days may not provide enough time to complete that 
important work effectively. We ask that the Committee consider 
providing DOE the flexibility to establish the proposal 
deadline following some research to better understand community 
needs in this regard as long as we work within the specified 
360-day timeframe for announcement of community selections.
    The Department thanks the Committee for recognizing the 
importance of workforce training to the successful deployment 
and market penetration of electric drive vehicles, and 
including a specific provision in the proposed national plug-in 
program. The grant program for training first responders, code 
inspection officials, dealers and mechanics, and electricians 
responsible for charging point installation will complement and 
supplement Recovery Act projects and ongoing VT/ODA activities 
focused on these critical needs. Our recently-initiated 
Recovery Act efforts will provide valuable lessons learned and 
build a body of expertise to support implementation of the 
workforce training provision in this bill.
    We also believe that the technical assistance component of 
the proposed national deployment program is vital to the 
successful rollout of electric drive vehicles. The Department 
is well positioned to disseminate information and provide 
training and technical assistance to communities seeking to 
accelerate EV deployment. As an example, and as noted earlier, 
the Clean Cities network is primed to share best practices and 
lessons learned about permitting and inspection processes, as 
well as other local ordinances and opportunities for code 
official and first responder training. I would like to note, 
however, that the Department plays a supporting role in the 
development of model codes and standards. In regard to this 
provision, we can bring value to the process because of our 
extensive experience working with code development 
organizations (CDOs) and standards development organizations 
(SDOs) to facilitate consensus around the development and 
adoption of vehicle- and infrastructure-related codes and 
standards. We are also working to enable the harmonization of 
codes and standards at an international level.
    The Promoting Electric Vehicles Act includes several other 
significant provisions in addition to the National Plug-in 
Electric Drive Deployment Program; I will briefly comment on 
several of them here.
     The bill authorizes a R&D program focused on 
advanced batteries, electric drive components, and other 
technologies supporting the manufacture and deployment of 
electric drive vehicles and charging infrastructure. These 
priorities are aligned closely with ongoing activities in the 
Vehicle Technologies Program--specifically, our Batteries and 
Electric Drive Technology subprogram, which includes advanced 
battery R&D and advanced power electronics and electric 
machines, as well as our Vehicle and Systems Simulation and 
Testing subprogram, which includes work to examine vehicle and 
infrastructure interface issues through testing and evaluation.
     As for prizes, we support the concept of the 
``Advanced Batteries for Tomorrow Prize.'' We also appreciate 
the Committee's inclusion of criteria to address battery size 
and cost as well as range. Understanding that the prize seeks 
to push the envelope for state-of-the-art plug-in hybrid 
battery technology, we would like to note that today's vehicles 
do not require a 500-mile range and that based on input from 
our industry partners, we expect a 300- to 400-mile range to 
meet consumers' vehicle performance demands.
     We also understand and appreciate the Committee's 
interest in a technical advisory committee focused on plug-in 
hybrid vehicles. We place great value in independent reviews 
and external input to our program. You may be aware that the 
National Academy of Sciences National Research Council conducts 
independent biennial reviews of both our light-duty and heavy-
duty vehicle research programs. We would like to suggest to the 
Committee that any new review functions be coordinated with 
other ongoing and planned review activities.
    To conclude, the Department of Energy thanks the Committee 
for the opportunity to comment on this legislation and our 
ongoing related Recovery Act activities. We look forward to 
working with Congress to continue to implement these programs. 
They will accelerate the deployment of electric drive vehicles 
and infrastructure and help us achieve our national objectives 
for reducing petroleum use and greenhouse gas pollution.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 3495, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                       ENERGY POLICY ACT OF 1992


                    (Public Law 102-486, as amended)


AN ACT To provide for improved energy efficiency.

           *       *       *       *       *       *       *


TITLE V--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, 
AND ALTERNATIVE FUELED PRIVATE VEHICLES

           *       *       *       *       *       *       *


SEC. 507. FLEET REQUIREMENT PROGRAM.

           *       *       *       *       *       *       *


    (a) Fleet Program Purchase Goals.--(1) Except as provided 
in paragraph (2), the following percentages of new light duty 
motor vehicles acquired in each model year for a fleet, other 
than a Federal fleet, State fleet, or fleet owned, operated, 
leased, or otherwise controlled by a covered person subject to 
section 501, shall be alternative fueled vehicles:

           *       *       *       *       *       *       *

    (g) Fleet Requirement Program.--(1) If the Secretary 
determines under subsection (e) that a fleet requirement 
program is necessary, the Secretary shall, by January 1, 2000, 
by rule require that, except as provided in paragraph (2), of 
the total number of new light duty motor vehicles acquired for 
a fleet, other than a Federal fleet, State fleet, or fleet 
owned, operated, leased, or otherwise controlled by a covered 
person under section 501--

           *       *       *       *       *       *       *

    (4) A vehicle operating only on gasoline that complies with 
applicable requirements of the Clean Air Act shall not be 
considered an alternative fueled vehicle under subsection (b) 
or this subsection, except that the Secretary, as part of the 
rule under subsection (b) or this subsection, may determine 
that such vehicle should be treated as an alternative fueled 
vehicle for purposes of this section, for fleets subject to 
part C of title II of the Clean Air Act, taking into 
consideration the impact on energy security and the goals 
stated in section 502(a).
    (5) Priority.--The Secretary shall, to the maximum extent 
practicable, prioritize the acquisition of plug-in electric 
drive vehicles (as defined in section 131(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over 
nonelectric alternative fueled vehicles.

           *       *       *       *       *       *       *


                           UNITED STATES CODE

                           TITLE 23--HIGHWAYS

CHAPTER 1--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *



Sec. 166. HOV facilities

           *       *       *       *       *       *       *


    (b) Exceptions.--

           *       *       *       *       *       *       *

          (5) Low emission and energy-efficient vehicles.--
                  (A) Inherently low emission vehicle.--[Before 
                September 30, 2009, the State] The State agency 
                may allow vehicles that are certified as 
                inherently low-emission vehicles pursuant to 
                section 88.311-93 of title 40, Code of Federal 
                Regulations (or successor regulations), and are 
                labeled in accordance with section 88.312-93 of 
                such title (or successor regulations), to use 
                the HOV facility if the agency establishes 
                procedures for enforcing the restrictions on 
                the use of the facility by the vehicles.
                  (B) Other low emission and energy-efficient 
                vehicles.--[Before September 30, 2009, the 
                State] The State agency may allow vehicles 
                certified as low emission and energy-efficient 
                vehicles under subsection (e), and labeled in 
                accordance with subsection (e), to use the HOV 
                facility if the operators of the vehicles pay a 
                toll charged by the agency for use of the 
                facility and the agency--

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *


Subtitle II--The Budget Process

           *       *       *       *       *       *       *


CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

           *       *       *       *       *       *       *



Sec. 1105. Budget contents and submission to Congress

    (a) On or after the first Monday in January but not later 
than the first Monday in February of each year, the President 
shall submit a budget of the United States Government for the 
following fiscal year. Each budget shall include a budget 
message and summary and supporting information. The President 
shall include in each budget the following:
          (1) information on activities and functions of the 
        Government.

           *       *       *       *       *       *       *

          (34) with respect to the amount of appropriations 
        requested for use by the Export-Import Bank of the 
        United States, a separate statement of the amount 
        requested for its program budget, the amount requested 
        for its administrative expenses, and of the amount 
        requested for its administrative expenses, the amount 
        requested for technology expenses.
          [(33)](35)(A)(i) a detailed, separate analysis, by 
        budget function, by agency, and by initiative area (as 
        determined by the administration) for the prior fiscal 
        year, the current fiscal year, the fiscal years for 
        which the budget is submitted, and the ensuing fiscal 
        year identifying the amounts of gross and net 
        appropriations or obligational authority and outlays 
        that contribute to homeland security, with separate 
        displays for mandatory and discretionary amounts, 
        including--
                  (I) summaries of the total amount of such 
                appropriations or new obligational authority 
                and outlays requested for homeland security;

           *       *       *       *       *       *       *

          [(35)](36) as supplementary materials, a separate 
        analysis of the budgetary effects for all prior fiscal 
        years, the current fiscal year, the fiscal year for 
        which the budget is submitted, and ensuing fiscal years 
        of the actions the Secretary of the Treasury has taken 
        or plans to take using any authority provided in the 
        Emergency Economic Stabilization Act of 2008, 
        including--
                  (A) an estimate of the current value of all 
                assets purchased, sold, and guaranteed under 
                the authority provided in the Emergency 
                Economic Stabilization Act of 2008 using 
                methodology required by the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661 et seq.) and 
                section 5232 of Title 12;

           *       *       *       *       *       *       *

          [(36)](37) information on estimates of appropriations 
        for the fiscal year following the fiscal year for which 
        the budget is submitted for the following medical care 
        accounts of the Veterans Health Administration, 
        Department of Veterans Affairs account:
                  (A) Medical Services.
                  (B) Medical Support and Compliance.
                  (C) Medical Facilities.
          (38) a separate statement for the 500-mile Battery 
        Fund established under section 8(h) of the ``Promoting 
        Electric Vehicles Act of 2010'', which shall include 
        the estimated amount of deposits into the Fund, 
        obligations, and outlays from the Fund.

           *       *       *       *       *       *       *


             PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978


                    (Public Law 95-617, as amended)


AN ACT To suspend until the close of June 30, 1980, the duty on certain 
doxorubicin hydrochloride antibiotics.

           *       *       *       *       *       *       *


TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

           *       *       *       *       *       *       *


Subtitle B--Standards for Electric Utilities

           *       *       *       *       *       *       *


SEC. 111. CONSIDERATION AND DETERMINATION RESPECTING CERTAIN RATEMAKING 
                    STANDARDS.

           *       *       *       *       *       *       *


    (d) Establishment.--The following Federal standards are 
hereby established:
          (1) Cost of service.--Rates charged by any electric 
        utility for providing electric service to each class of 
        electric consumers shall be designed, to the maximum 
        extent practicable, to reflect the cost of providing 
        electric service to such class, as determined under 
        section 115(a).

           *       *       *       *       *       *       *

          (19) Smart grid information.--
                  (A) Standard.--All electricity purchasers 
                shall be provided direct access, in written or 
                electronic machine-readable form as 
                appropriate, to information from their 
                electricity provider as provided in 
                subparagraph (B).

           *       *       *       *       *       *       *

          (20) Plug-in electric drive vehicle planning.--
                  (A) Utility plan for plug-in electric drive 
                vehicles.--
                          (i) In general.--Not later than 2 
                        years after the date of enactment of 
                        this paragraph, each electric utility 
                        shall develop a plan to support the use 
                        of plug-in electric drive vehicles, 
                        including medium and heavy-duty hybrid 
                        electric vehicles in the service area 
                        of the electric utility.
                          (ii) Requirements.--A plan under 
                        clause (i) shall investigate--
                                  (I) various levels of 
                                potential penetration of plug-
                                in electric drive vehicles in 
                                the utility service area;
                                  (II) the potential impacts 
                                that the various levels of 
                                penetration and charging 
                                scenarios (including charging 
                                rates and daily hours of 
                                charging) would have on 
                                generation, distribution 
                                infrastructure, and the 
                                operation of the transmission 
                                grid; and
                                  (III) the role of third 
                                parties in providing reliable 
                                and economical charging 
                                services.
                          (iii) Waiver.--
                                  (I) In general.--An electric 
                                utility that determines that 
                                the electric utility will not 
                                be impacted by plug-in electric 
                                drive vehicles during the 5-
                                year period beginning on the 
                                date of enactment of this 
                                paragraph may petition the 
                                Secretary to waive clause (i) 
                                for 5 years.
                                  (II) Approval.--Approval of a 
                                waiver under subclause (I) 
                                shall be in the sole discretion 
                                of the Secretary.
                          (iv) Updates.--
                                  (I) In general.--Each 
                                electric utility shall update 
                                the plan of the electric 
                                utility every 5 years.
                                  (II) Resubmission of 
                                waiver.--An electric utility 
                                that received a waiver under 
                                clause (iii) and wants the 
                                waiver to continue after the 
                                expiration of the waiver shall 
                                be required to resubmit the 
                                waiver.
                          (v) Exemption.--If the Secretary 
                        determines that a plan required by a 
                        State regulatory authority meets the 
                        requirements of this paragraph, the 
                        Secretary may accept that plan and 
                        exempt the electric utility submitting 
                        the plan from the requirements of 
                        clause (i).
                  (B) Support requirements.--Each State 
                regulatory authority (in the case of each 
                electric utility for which the authority has 
                rate making authority) and each municipal and 
                cooperative utility shall--
                          (i) participate in any local plan for 
                        the deployment of recharging 
                        infrastructure in communities located 
                        in the foot print of the authority or 
                        utility;
                          (ii) require that charging 
                        infrastructure deployed is 
                        interoperable with products of all auto 
                        manufacturers to the maximum extent 
                        practicable; and
                          (iii) consider adopting minimum 
                        requirements for deployment of 
                        electrical charging infrastructure and 
                        other appropriate requirements 
                        necessary to support the use of plug-in 
                        electric drive vehicles.
                  (C) Cost recovery.--Each State regulatory 
                authority (in the case of each electric utility 
                for which the authority has ratemaking 
                authority) and each municipal and cooperative 
                utility may consider whether, and to what 
                extent, to allow cost recovery for plans and 
                implementation of plans.
                  (D) Determination.--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 the 
                authority has ratemaking authority), and each 
                municipal and cooperative electric utility, 
                shall complete the consideration, and shall 
                make the determination, referred to in 
                subsection (a) with respect to the standard 
                established by this paragraph.

           *       *       *       *       *       *       *


SEC. 112. OBLIGATIONS TO CONSIDER AND DETERMINE.

    (a) Request for Consideration and Determination.--Each 
State regulatory authority (with respect to each electric 
utility for which it has ratemaking authority) and each 
nonregulated electric utility may undertake the consideration 
and make the determination referred to in section 111 with 
respect to any standard established by section 111(d) in any 
proceeding respecting the rates of the electric utility. Any 
participant or intervenor (including an intervenor referred to 
in section 121) in such a proceeding may request, and shall 
obtain, such consideration and determination in such 
proceeding. In undertaking such consideration and making such 
determination in any such proceeding with respect to the 
application to any electric utility of any standard established 
by section 111(d), a State regulatory authority (with respect 
to an electric utility for which it has ratemaking authority) 
or nonregulated electric utility may take into account in such 
proceeding--

           *       *       *       *       *       *       *

    (c) Failure To Comply.--[Each State] (1) In general.--Each 
State regulatory authority (with respect to each electric 
utility for which it has ratemaking authority) and each 
nonregulated electric utility shall undertake the 
consideration, and make the determination, referred to in 
section 111 with respect to each standard established by 
section 111(d) in the first rate proceeding commenced after the 
date three years after the date of enactment of this Act 
respecting the rates of such utility if such State regulatory 
authority or nonregulated electric utility has not, before such 
date, complied with subsection (b)(2) with respect to such 
standard. [In the case]
    (2) Specific standards._(A) Net metering and fossil fuel 
generation efficiency.--In the case of each standard 
established by paragraphs (11) through (13) 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 paragraphs (11) through (13). [In the 
case]
    (B) Time-based metering and communications.--In the case of 
the standard established by paragraph (14) 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 (14). [In the case]
    (C) Interconnection--In the case of the standard 
established by [paragraph (15)] paragraph (15) 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 paragraph (15). [In the case]
    (D) Integrated resource planning, rate design 
modifications, smart grid investments, smart grid 
information.--In the case of the standards established by 
paragraphs (16) through (19) 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 paragraphs.
    (E) Plug-in electric drive vehicle planning.--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 that paragraph.
    (d) Prior State Actions.--Subsections (b) and (c) of this 
section shall not apply to the standards established by 
paragraphs (11) through (13) and paragraphs (16) through [(19)] 
(20) of section 111(d) in the case of any electric utility in a 
State if, before the enactment of this subsection--

           *       *       *       *       *       *       *


                       ENERGY POLICY ACT OF 2005


                    (Public Law 109-58, as amended)


  AN ACT To ensure jobs for our future with security, affordable, and 
reliable energy.

           *       *       *       *       *       *       *


TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

           *       *       *       *       *       *       *


SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY 
                    AND ELECTRIC POWER TRANSMISSION PROJECTS.

    (a) In General.--Notwithstanding section 1703, the 
Secretary may make guarantees under this section only for the 
following categories of projects that commence construction not 
later than September 30, 2011:
          (1) Renewable energy systems, including incremental 
        hydropower, that generate electricity or thermal 
        energy, and facilities that manufacture related 
        components.
          (2) Electric power transmission systems, including 
        upgrading and reconductoring projects.
          (3) Leading edge biofuel projects that will use 
        technologies performing at the pilot or demonstration 
        scale that the Secretary determines are likely to 
        become commercial technologies and will produce 
        transportation fuels that substantially reduce life-
        cycle greenhouse gas emissions compared to other 
        transportation fuels.
          (4) Charging infrastructure and networks of charging 
        infrastructure for plug-in drive electric vehicles, if 
        the charging infrastructure will be operational prior 
        to December 31, 2016.

           *       *       *       *       *       *       *


              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007


                    (Public Law 110-140, as amended)


AN ACT To move the United States toward greater energy independence and 
   security, to increase the production of clean renewable fuels, to 
 protect consumers, to increase the efficiency of products, buildings, 
and vehicles, to promote research on and deploy greenhouse gas capture 
   and storage options, and to improve the energy performance of the 
Federal Government, and for other purposes.

           *       *       *       *       *       *       *


     TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY

                Subtitle B--Improved Vehicle Technology

SEC. 131. TRANSPORTATION ELECTRIFICATION.

           *       *       *       *       *       *       *


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 4 kilowatt hours of battery 
                capacity; and
                  (B) is designed for use in qualified plug in 
                electric drive motor vehicles but is purchased 
                for nonautomotive applications.
          (2) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) an original equipment manufacturer;
                  (B) an electric utility;
                  (C) any provider of range extension 
                infrastructure; or
                  (D) any other qualified entity, as determined 
                by the Secretary.
    (b) Loan Guarantees.--
          (1) In general.--The Secretary shall guarantee loans 
        made to eligible entities for the aggregate purchase of 
        not less than 200 qualified automotive batteries in a 
        calendar year that have a total minimum power rating of 
        1 megawatt and use advanced battery technology.
          (2) Restriction.--As a condition of receiving a loan 
        guarantee under this section, an entity purchasing 
        qualified automotive batteries with loan funds 
        guaranteed under this section shall comply with the 
        provisions of the Buy American Act (41 U.S.C. 10a et 
        seq.).
    (c) Regulations.--The Secretary shall promulgate such 
regulations as are necessary to carry out this section.
    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $50,000,000.

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