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US (United States) Code. Title 42. Chapter 134: Energy policy

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-CITE-

42 USC CHAPTER 134 - ENERGY POLICY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

-HEAD-

CHAPTER 134 - ENERGY POLICY

-MISC1-

Sec.

13201. "Secretary" defined.

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

13211. Definitions.

13212. Minimum Federal fleet requirement.

(a) General requirements.

(b) Percentage requirements.

(d) Application of requirements.

(e) Resale.

(f) Authorization of appropriations.

13213. Refueling.

(a) In general.

(b) Authorization of appropriations.

13214. Federal agency promotion, education, and coordination.

(a) Promotion and education.

(b) Assistance in procurement and placement.

13215. Agency incentives program.

(a) Reduction in rates.

(b) Sunset provision.

13216. Recognition and incentive awards program.

(a) Awards program.

(b) Criteria.

13217. Measurement of alternative fuel use.

13218. Reports.

(a) Omitted.

(b) Compliance report.

13219. United States Postal Service.

(a) Omitted.

(b) Coordination.

13220. Biodiesel fuel use credits.

(a) Allocation of credits.

(b) Use of credits.

(d) Issuance of rule.

(e) Collection of data.

(f) Definitions.

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

13231. Public information program.

13232. Labeling requirements.

(a) Establishment of requirements.

(b) Technical assistance and coordination.

13233. Data acquisition program.

13234. Federal Energy Regulatory Commission authority to

approve recovery of certain expenses in advance.

(a) Natural gas motor vehicles.

(b) Electric motor vehicles.

13235. State and local incentives programs.

(a) Establishment of program.

(b) Federal assistance to States.

(d) Definitions.

(e) Authorization of appropriations.

13236. Alternative fuel bus program.

(a) Cooperative agreements and joint ventures.

(b) Limitations.

(d) Authorization of appropriations.

13237. Certification of training programs.

13238. Alternative fuel use in nonroad vehicles and engines.

(a) Nonroad vehicles and engines.

(b) Definition of nonroad vehicles and engines.

13239. Low interest loan program.

(a) Establishment.

(b) Loan terms.

(d) Priorities.

(e) Authorization of appropriations.

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES

13251. Mandate for alternative fuel providers.

(a) In general.

(b) Revisions and extensions.

(d) Report to Congress.

13252. Replacement fuel supply and demand program.

(a) Establishment of program.

(b) Development plan and production goals.

13253. Replacement fuel demand estimates and supply

information.

(a) Estimates.

(b) Information.

13254. Modification of goals; additional rulemaking

authority.

(a) Examination of goals.

(b) Modification of goals.

13255. Voluntary supply commitments.

13256. Technical and policy analysis.

(a) Requirement.

(b) Purposes.

13257. Fleet requirement program.

(a) Fleet program purchase goals.

(b) Early rulemaking.

(d) Proposed rule.

(e) Determination.

(f) Explanation of determination that fleet

requirement program is not necessary.

(g) Fleet requirement program.

(h) Extension of deadlines.

(i) Exemptions.

(j) Conversions.

(k) Inclusion of law enforcement vehicles and urban

buses.

(l) Consideration of factors.

(m) Consultation and participation of other Federal

agencies.

(n) Petitions.

(o) Mandatory State fleet programs.

13258. Credits.

(a) In general.

(b) Allocation.

(d) Transferability.

13259. Secretary's recommendations to Congress.

(a) Recommendations to require availability or

acquisition.

(b) Fair and equitable application.

13260. Effect on other laws.

(a) In general.

(b) Compliance by alternative fueled vehicles.

13261. Prohibited acts.

13262. Enforcement.

(a) Violation.

(b) Willful violation.

violation and penalty.

13263. Powers of Secretary.

13264. Authorization of appropriations.

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

13271. Definitions.

PART A - ELECTRIC MOTOR VEHICLE COMMERCIAL DEMONSTRATION PROGRAM

13281. Program and solicitation.

(a) Program.

(b) Solicitation.

13282. Selection of proposals.

(a) Selection.

(b) Criteria.

13283. Discount payments.

(a) Certification.

(b) Payment.

13284. Cost-sharing.

(a) Requirement.

(b) Reduction.

13285. Reports to Congress.

(a) Progress reports.

(b) Report on encouraging purchase and use of

electric motor vehicles.

13286. Authorization of appropriations.

PART B - ELECTRIC MOTOR VEHICLE INFRASTRUCTURE AND SUPPORT SYSTEMS

DEVELOPMENT PROGRAM

13291. General authority.

(a) Program.

(b) Eligibility.

13292. Proposals.

(a) Solicitation.

(b) Criteria.

13293. Protection of proprietary information.

(a) In general.

(b) "Domestic companies" defined.

13294. Compliance with existing law.

13295. Repealed.

13296. Authorization of appropriations.

SUBCHAPTER V - RENEWABLE ENERGY

13311. Purposes.

13312. Renewable energy export technology training.

(a) Establishment of program.

(b) Purpose.

13313. Renewable Energy Advancement Awards.

(a) Authority.

(b) Selection criteria.

(d) Eligibility.

(e) Authorization of appropriations.

(f) Awards made in absence of appropriations.

13314. Study of tax and rate treatment of renewable energy

projects.

13315. Data system and energy technology evaluation.

13316. Innovative renewable energy technology transfer

program.

(a) Establishment of program.

(b) Purposes of program.

(d) Financial mechanisms.

(e) Solicitations for project proposals.

(f) Assistance to United States firms.

(g) Other program requirements.

(h) Selection of projects.

(i) United States-Asia Environmental Partnership.

(j) Buy America.

(k) Reports to Congress.

(l) Definitions.

(m) Authorization of appropriations.

13317. Renewable energy production incentive.

(a) Incentive payments.

(b) Qualified renewable energy facility.

(d) Payment period.

(e) Amount of payment.

(f) Sunset.

(g) Authorization of appropriations.

SUBCHAPTER VI - COAL

PART A - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL

APPLICATION

13331. Coal research, development, demonstration, and

commercial application programs.

(a) Establishment.

(b) Demonstration and commercial application

programs.

(d) Status reports.

(e) Consultation.

13332. Coal-fired diesel engines.

13333. Clean coal, waste-to-energy.

13334. Nonfuel use of coal.

(a) Program.

(b) Plan contents.

13335. Coal refinery program.

(a) Program.

(b) Objectives.

13336. Coalbed methane recovery.

(a) Study of barriers and environmental and safety

aspects.

(b) Information dissemination.

program.

13337. Metallurgical coal development.

13338. Utilization of coal wastes.

(a) Coal waste utilization program.

(b) Use as boiler fuel.

13339. Underground coal gasification.

(a) Program.

(b) Demonstration projects.

13340. Low-rank coal research and development.

13341. Magnetohydrodynamics.

(a) Program.

(b) Solicitation of proposals.

13342. Oil substitution through coal liquefaction.

(a) Program direction.

(b) Program goals.

13343. Authorization of appropriations.

PART B - CLEAN COAL TECHNOLOGY PROGRAM

13351. Additional clean coal technology solicitations.

(a) Program design.

(b) Additional solicitations.

PART C - OTHER COAL PROVISIONS

13361. Clean coal technology export promotion and interagency

coordination.

(a) Establishment.

(b) Membership.

(d) Duties.

(e) Data and information.

(f) Report.

13362. Innovative clean coal technology transfer program.

(a) Establishment of program.

(b) Purposes of program.

(d) Financial mechanisms.

(e) Solicitations for project proposals.

(f) Assistance to United States firms.

(g) Other program requirements.

(h) Selection of projects.

(i) United States-Asia Environmental Partnership.

(j) Buy America.

(k) Reports to Congress.

(l) "Host country" defined.

(m) Authorization of appropriations.

13363. Conventional coal technology transfer.

13364. Study of utilization of coal combustion byproducts.

(a) "Coal combustion byproducts" defined.

(b) Study and report to Congress.

13365. Coal fuel mixtures.

13366. National clearinghouse.

(a) Feasibility.

(b) Authority to establish clearinghouse.

13367. Coal exports.

(a) Plan.

(b) Plan contents.

13368. Ownership of coalbed methane.

(a) Federal lands and mineral rights.

(b) Affected States.

procedure.

(d) Implementation by Secretary of the Interior.

(e) Spacing.

(f) Spacing units.

(g) Development under pooling arrangement.

(h) Escrow account.

(i) Approval of Secretary of the Interior.

(j) Authorization to stimulate coal seam.

(k) Notice and objection.

(l) Plugging.

(m) Notice and objection by other parties.

(n) Venting for safety.

(o) Other laws.

(p) Definitions.

13369. Establishment of data base and study of transportation

rates.

(a) Data base.

(b) Study.

(d) Consultation with other agencies.

13370. Authorization of appropriations.

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

13381. Report.

13382. Least-cost energy strategy.

(a) Strategy.

(b) Additional contents.

(d) Priorities.

(e) Assumptions.

(f) Preference.

(g) Public review and comment.

13383. Director of Climate Protection.

13384. Assessment of alternative policy mechanisms for

addressing greenhouse gas emissions.

13385. National inventory and voluntary reporting of

greenhouse gases.

(a) National inventory.

(b) Voluntary reporting.

13386. Export of domestic energy resource technologies to

developing countries.

13387. Innovative environmental technology transfer program.

(a) Establishment of program.

(b) Purposes of program.

(d) Financial mechanisms.

(e) Solicitations for project proposals.

(f) Assistance to United States firms.

(g) Other program requirements.

(h) Eligible technologies.

(i) Selection of projects.

(j) United States-Asia Environmental Partnership.

(k) Buy America.

(l) Report to Congress.

(m) Definitions.

(n) Authorization of appropriations.

13388. Global Climate Change Response Fund.

(a) Establishment of Fund.

(b) Restrictions on deposits.

(d) Authorization of appropriations.

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

13401. Goals.

PART A - OIL AND GAS SUPPLY ENHANCEMENT

13411. Enhanced oil recovery.

(a) Program direction.

(b) Program goals.

(d) Proposals.

(e) Consultation.

(f) Authorization of appropriations.

13412. Oil shale.

(a) Program direction.

(b) Program goals.

(d) Western oil shale program.

(e) Authorization of appropriations.

13413. Natural gas supply.

(a) Program direction.

(b) Proposals.

(d) Authorization of appropriations.

13414. Natural gas end-use technologies.

13415. Midcontinent Energy Research Center.

(a) Finding.

(b) Purposes.

(d) Research.

PART B - OIL AND GAS DEMAND REDUCTION AND SUBSTITUTION

13431. General transportation.

(a) Program direction.

(b) Program plan.

(d) "Alternative fuels" defined.

(e) Authorization of appropriations.

13432. Advanced automotive fuel economy.

(a) Program direction.

(b) Program goal.

13433. Alternative fuel vehicle program.

(a) Program direction.

(b) Cooperative agreements and assistance.

13434. Biofuels user facility.

13435. Electric motor vehicles and associated equipment

research and development.

(a) General.

(b) Comprehensive plan.

(d) Solicitation of proposals.

(e) Cost-sharing.

(f) Deployment.

(g) Domestic parts manufacturers.

(h) Hold harmless.

(i) Consultation.

(j) Fuel cells for transportation.

(k) Definitions.

13436. Repealed.

13437. Advanced diesel emissions program.

(a) Program direction.

(b) Program goal.

(d) Solicitation of proposals.

13438. Telecommuting study.

(a) Study.

(b) Report to Congress.

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

PART A - IMPROVED ENERGY EFFICIENCY

13451. General improved energy efficiency.

(a) Program direction.

(b) Program goals.

(d) Proposals.

(e) Authorization of appropriations.

13452. Natural gas and electric heating and cooling

technologies.

(a) Program direction.

(b) Proposals.

13453. Pulp and paper.

(a) Program direction.

(b) Proposals.

13454. Advanced buildings for 2005.

(a) Program direction.

(b) Proposals.

13455. Electric drives.

(a) Program.

(b) Proposals.

13456. Improving efficiency in energy-intensive industries.

(a) Secretarial action.

(b) Joint ventures.

13457. Energy efficient environment program.

(a) Program direction.

(b) Identification of opportunities.

(d) Proposals.

13458. Energy efficient lighting and building centers.

(a) Purpose.

(b) Grants for establishment.

(d) Application.

(e) Selection criteria.

(f) Requirement of matching funds.

(g) Task force.

(h) Membership terms and administration of task

force.

(i) Omitted.

(j) Authorization of appropriations.

PART B - ELECTRICITY GENERATION AND USE

13471. Renewable energy.

(a) Program direction.

(b) Program plan.

13472. High efficiency heat engines.

(a) Program direction.

(b) Program goal.

(d) Proposals.

(e) Authorization of appropriations.

13473. Civilian nuclear waste.

(a) Study.

(b) Program.

13474. Fusion energy.

(a) Program.

(b) Program goals.

(d) Authorization of appropriations.

13475. Fuel cells.

(a) Program direction.

(b) Program goal.

13476. Environmental restoration and waste management

program.

(a) Authorization of appropriations.

(b) Long-term missions.

13477. High-temperature superconductivity program.

(a) Program.

(b) Authorization of appropriations.

13478. Electric and magnetic fields research and public

information dissemination program.

(a) Program.

(b) Contents.

(d) Interagency Committee.

(e) Advisory Committee.

(f) Financial assistance.

(g) Reports.

(h) Conflicts of interest.

(i) Definitions.

(j) Authorization of appropriations.

(k) Sense of Congress.

(l) Sunset provision.

13479. Spark M. Matsunaga Renewable Energy and Ocean

Technology Center.

(a) Findings.

(b) Purpose.

(d) Administration.

(e) Activities.

(f) Matching funds.

(g) Authorization of appropriations.

PART C - ADVANCED NUCLEAR REACTORS

13491. Purposes and definitions.

(a) Purposes.

(b) Definitions.

13492. Program, goals, and plan.

(a) Program direction.

(b) Program goals.

13493. Commercialization of advanced light water reactor

technology.

(a) Certification of designs.

(b) First-of-a-kind engineering.

13494. Prototype demonstration of advanced nuclear reactor

technology.

(a) Solicitation of proposals.

(b) Recommendation to Congress.

13495. Authorization of appropriations.

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

13501. National Advanced Materials Program.

(a) Program direction.

(b) Program plan.

(d) General Services Administration demonstration

program.

(e) Authorization of appropriations.

13502. National Advanced Manufacturing Technologies Program.

(a) Program direction.

(b) Program plan.

(d) Authorization of appropriations.

13503. Supporting research and technical analysis.

(a) Basic energy sciences.

(b) University and science education.

(d) Facilities support for multiprogram energy

laboratories.

(e) Authorization of appropriations.

13504. Math and science education program.

(a) Program.

(b) Purpose.

(d) Cooperation with qualified entities.

(e) Report.

(f) Effect on existing programs.

(g) "Qualified entity" defined.

(h) Authorization of appropriations.

13505. Integration of research and development.

13506. Definitions.

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

13521. Policy on major construction projects.

(a) Report and management plan.

(b) Congressional review.

13522. Energy Research, Development, Demonstration, and

Commercial Application Advisory Board.

(a) Establishment.

(b) Responsibilities.

13523. Management plan.

(a) Plan preparation.

(b) Contents of plan.

(d) Public comment.

(e) Plan submission.

13524. Costs related to decommissioning and storage and

disposal of nuclear waste.

(a) Award of contracts.

(b) Issuance of regulations.

13525. Limits on participation by companies.

13526. Uncosted obligations.

(a) Report.

(b) Definitions.

SUBCHAPTER XII - MISCELLANEOUS

PART A - GENERAL PROVISIONS

13541. Research, development, demonstration, and commercial

application activities.

(a) Research, development, and demonstration.

(b) Commercial application.

(d) Protection of information.

(e) Guidelines and procedures.

(f) Application of section.

13542. Cost sharing.

(a) Research and development.

(b) Demonstration and commercial application.

(d) Tennessee Valley Authority.

PART B - OTHER MISCELLANEOUS PROVISIONS

13551. Repealed.

13552. Use of energy futures for fuel purchases.

(a) Fuel study.

(b) Pilot program.

13553. Energy subsidy study.

(a) In general.

(b) Report to Congress.

(d) Authorization of appropriations.

13554. Tar sands.

(a) Policy.

(b) "Tar sands" defined.

(d) Authorization of appropriations.

13555. Consultative Commission on Western Hemisphere Energy

and Environment.

(a) Findings.

(b) "Commission" defined.

(d) The Commission.

(e) Report.

13556. Disadvantaged business enterprises.

(a) General rule.

(b) Definitions.

-End-

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42 USC Sec. 13201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

-HEAD-

Sec. 13201. "Secretary" defined

-STATUTE-

For purposes of this Act, the term "Secretary" means the

Secretary of Energy.

-SOURCE-

(Pub. L. 102-486, Sec. 2, Oct. 24, 1992, 106 Stat. 2782.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-486, Oct. 24, 1992,

106 Stat. 2776, known as the Energy Policy Act of 1992. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC1-

SHORT TITLE

Section 1(a) of Pub. L. 102-486 provided that: "This Act [see

Tables for classification] may be cited as the 'Energy Policy Act

of 1992'."

-EXEC-

EX. ORD. NO. 13211. ACTIONS CONCERNING REGULATIONS THAT

SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE

Ex. Ord. No. 13211, May 18, 2001, 66 F.R. 28355, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

appropriately weigh and consider the effects of the Federal

Government's regulations on the supply, distribution, and use of

energy, it is hereby ordered as follows:

Section 1. Policy. The Federal Government can significantly

affect the supply, distribution, and use of energy. Yet there is

often too little information regarding the effects that

governmental regulatory action can have on energy. In order to

provide more useful energy-related information and hence improve

the quality of agency decisionmaking, I am requiring that agencies

shall prepare a Statement of Energy Effects when undertaking

certain agency actions. As described more fully below, such

Statements of Energy Effects shall describe the effects of certain

regulatory actions on energy supply, distribution, or use.

Sec. 2. Preparation of a Statement of Energy Effects. (a) To the

extent permitted by law, agencies shall prepare and submit a

Statement of Energy Effects to the Administrator of the Office of

Information and Regulatory Affairs, Office of Management and

Budget, for those matters identified as significant energy actions.

(b) A Statement of Energy Effects shall consist of a detailed

statement by the agency responsible for the significant energy

action relating to:

(i) any adverse effects on energy supply, distribution, or use

(including a shortfall in supply, price increases, and increased

use of foreign supplies) should the proposal be implemented, and

(ii) reasonable alternatives to the action with adverse energy

effects and the expected effects of such alternatives on energy

supply, distribution, and use.

Affairs shall provide guidance to the agencies on the

implementation of this order and shall consult with other agencies

as appropriate in the implementation of this order.

Sec. 3. Submission and Publication of Statements. (a) Agencies

shall submit their Statements of Energy Effects to the

Administrator of the Office of Information and Regulatory Affairs,

Office of Management and Budget, whenever they present the related

submission under Executive Order 12866 of September 30, 1993 [5

U.S.C. 601 note], or any successor order.

(b) Agencies shall publish their Statements of Energy Effects, or

a summary thereof, in each related Notice of Proposed Rulemaking

and in any resulting Final Rule.

Sec. 4. Definitions. For purposes of this order:

(a) "Regulation" and "rule" have the same meaning as they do in

Executive Order 12866 [5 U.S.C. 601 note] or any successor order.

(b) "Significant energy action" means any action by an agency

(normally published in the Federal Register) that promulgates or is

expected to lead to the promulgation of a final rule or regulation,

including notices of inquiry, advance notices of proposed

rulemaking, and notices of proposed rulemaking:

(1)(i) that is a significant regulatory action under Executive

Order 12866 or any successor order, and

(ii) is likely to have a significant adverse effect on the

supply, distribution, or use of energy; or

(2) that is designated by the Administrator of the Office of

Information and Regulatory Affairs as a significant energy

action.

"agency" under 44 U.S.C. 3502(1), other than those considered to be

independent regulatory agencies, as defined in 44 U.S.C. 3502(5).

Sec. 5. Judicial Review. Nothing in this order shall affect any

otherwise available judicial review of agency action. This order is

intended only to improve the internal management of the Federal

Government and does not create any right or benefit, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

George W. Bush.

EX. ORD. NO. 13212. ACTIONS TO EXPEDITE ENERGY-RELATED PROJECTS

Ex. Ord. No. 13212, May 18, 2001, 66 F.R. 28357, as amended by

Ex. Ord. No. 13286, Sec. 10, Feb. 28, 2003, 68 F.R. 10622,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to take

additional steps to expedite the increased supply and availability

of energy to our Nation, it is hereby ordered as follows:

Section 1. Policy. The increased production and transmission of

energy in a safe and environmentally sound manner is essential to

the well-being of the American people. In general, it is the policy

of this Administration that executive departments and agencies

(agencies) shall take appropriate actions, to the extent consistent

with applicable law, to expedite projects that will increase the

production, transmission, or conservation of energy.

Sec. 2. Actions to Expedite Energy-Related Projects. For

energy-related projects, agencies shall expedite their review of

permits or take other actions as necessary to accelerate the

completion of such projects, while maintaining safety, public

health, and environmental protections. The agencies shall take such

actions to the extent permitted by law and regulation, and where

appropriate.

Sec. 3. Interagency Task Force. There is established an

interagency task force (Task Force) to monitor and assist the

agencies in their efforts to expedite their review of permits or

similar actions, as necessary, to accelerate the completion of

energy-related projects, increase energy production and

conservation, and improve transmission of energy. The Task Force

also shall monitor and assist agencies in setting up appropriate

mechanisms to coordinate Federal, State, tribal, and local

permitting in geographic areas where increased permitting activity

is expected. The Task Force shall be composed of representatives

from the Departments of State, the Treasury, Defense, Agriculture,

Housing and Urban Development, Justice, Commerce, Transportation,

the Interior, Labor, Education, Health and Human Services, Energy,

Veterans Affairs, Homeland Security, the Environmental Protection

Agency, Central Intelligence Agency, General Services

Administration, Office of Management and Budget, Council of

Economic Advisers, Domestic Policy Council, National Economic

Council, and such other representatives as may be determined by the

Chairman of the Council on Environmental Quality. The Task Force

shall be chaired by the Chairman of the Council on Environmental

Quality and housed at the Department of Energy for administrative

purposes.

Sec. 4. Judicial Review. Nothing in this order shall affect any

otherwise available judicial review of agency action. This order is

intended only to improve the internal management of the Federal

Government and does not create any right or benefit, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

George W. Bush.

-End-

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42 USC SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 13263 of this title.

-End-

-CITE-

42 USC Sec. 13211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13211. Definitions

-STATUTE-

For purposes of this subchapter, subchapter II of this chapter,

and subchapter III of this chapter (unless otherwise specified) -

(1) the term "Administrator" means the Administrator of the

Environmental Protection Agency;

(2) the term "alternative fuel" means methanol, denatured

ethanol, and other alcohols; mixtures containing 85 percent or

more (or such other percentage, but not less than 70 percent, as

determined by the Secretary, by rule, to provide for requirements

relating to cold start, safety, or vehicle functions) by volume

of methanol, denatured ethanol, and other alcohols with gasoline

or other fuels; natural gas, including liquid fuels domestically

produced from natural gas; liquefied petroleum gas; hydrogen;

coal-derived liquid fuels; fuels (other than alcohol) derived

from biological materials; electricity (including electricity

from solar energy); and any other fuel the Secretary determines,

by rule, is substantially not petroleum and would yield

substantial energy security benefits and substantial

environmental benefits;

(3) the term "alternative fueled vehicle" means a dedicated

vehicle or a dual fueled vehicle;

(4) the term "comparable conventionally fueled motor vehicle"

means a motor vehicle which is, as determined by the Secretary -

(A) commercially available at the time the comparability of

the vehicle is being assessed;

(B) powered by an internal combustion engine that utilizes

gasoline or diesel fuel as its fuel source; and

or similar to the alternative fueled vehicle to which it is

being compared;

(5) "covered person" means a person that owns, operates,

leases, or otherwise controls -

(A) a fleet that contains at least 20 motor vehicles that are

centrally fueled or capable of being centrally fueled, and are

used primarily within a metropolitan statistical area or a

consolidated metropolitan statistical area, as established by

the Bureau of the Census, with a 1980 population of 250,000 or

more; and

(B) at least 50 motor vehicles within the United States;

(6) the term "dedicated vehicle" means -

(A) a dedicated automobile, as such term is defined in

section 32901(a)(7) of title 49; or

(B) a motor vehicle, other than an automobile, that operates

solely on alternative fuel;

(7) the term "domestic" means derived from resources within the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, or any

other Commonwealth, territory, or possession of the United

States, including the outer Continental Shelf, as such term is

defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331

et seq.], or from resources within a Nation with which there is

in effect a free trade agreement requiring national treatment for

trade;

(8) the term "dual fueled vehicle" means -

(A) dual fueled automobile, as such term is defined in

section 32901(a)(8) of title 49; or

(B) a motor vehicle, other than an automobile, that is

capable of operating on alternative fuel and is capable of

operating on gasoline or diesel fuel;

(9) the term "fleet" means a group of 20 or more light duty

motor vehicles, used primarily in a metropolitan statistical area

or consolidated metropolitan statistical area, as established by

the Bureau of the Census, with a 1980 population of more than

250,000, that are centrally fueled or capable of being centrally

fueled and are owned, operated, leased, or otherwise controlled

by a governmental entity or other person who owns, operates,

leases, or otherwise controls 50 or more such vehicles, by any

person who controls such person, by any person controlled by such

person, and by any person under common control with such person,

except that such term does not include -

(A) motor vehicles held for lease or rental to the general

public;

(B) motor vehicles held for sale by motor vehicle dealers,

including demonstration motor vehicles;

product evaluations or tests;

(D) law enforcement motor vehicles;

(E) emergency motor vehicles;

(F) motor vehicles acquired and used for military purposes

that the Secretary of Defense has certified to the Secretary

must be exempt for national security reasons;

(G) nonroad vehicles, including farm and construction motor

vehicles; or

(H) motor vehicles which under normal operations are garaged

at personal residences at night;

(10) the term "fuel supplier" means -

(A) any person engaged in the importing, refining, or

processing of crude oil to produce motor fuel;

(B) any person engaged in the importation, production,

storage, transportation, distribution, or sale of motor fuel;

and

importing, or selling at wholesale or retail electricity;

(11) the term "light duty motor vehicle" means a light duty

truck or light duty vehicle, as such terms are defined under

section 7550(7) of this title, of less than or equal to 8,500

pounds gross vehicle weight rating;

(12) the term "motor fuel" means any substance suitable as a

fuel for a motor vehicle;

(13) the term "motor vehicle" has the meaning given such term

under section 7550(2) of this title; and

(14) the term "replacement fuel" means the portion of any motor

fuel that is methanol, ethanol, or other alcohols, natural gas,

liquefied petroleum gas, hydrogen, coal derived liquid fuels,

fuels (other than alcohol) derived from biological materials,

electricity (including electricity from solar energy), ethers, or

any other fuel the Secretary determines, by rule, is

substantially not petroleum and would yield substantial energy

security benefits and substantial environmental benefits.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 301, Oct. 24, 1992, 106 Stat.

2866; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 122],

Dec. 21, 2000, 114 Stat. 2763, 2763A-229.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title" meaning title III of Pub. L. 102-486, Oct. 24, 1992, 106

Stat. 2866, which enacted this subchapter, amended section 6374 of

this title, and repealed provisions set out as a note under section

6374 of this title.

Subchapter II of this chapter, referred to in text, was in the

original "title IV" meaning title IV of Pub. L. 102-486, Oct. 24,

1992, 106 Stat. 2875, which enacted subchapter II of this chapter,

amended sections 6374a to 6374c of this title and sections 717,

717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade,

enacted provisions set out as notes under sections 79b and 717 of

Title 15, and repealed provisions set out as a note under section

717c of Title 15.

The Outer Continental Shelf Lands Act, referred to in par. (7),

is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is

classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

-COD-

CODIFICATION

In pars. (6)(A) and (8)(A), "section 32901(a)(7) of title 49"

substituted for "section 513(h)(1)(C) of the Motor Vehicle

Information and Cost Savings Act" and "section 32901(a)(8) of title

49" substituted for "section 513(h)(1)(D) of the Motor Vehicle

Information and Cost Savings Act" on authority of Pub. L. 103-272,

Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-554 inserted ", including liquid

fuels domestically produced from natural gas" after "natural gas".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6374 of this title.

-End-

-CITE-

42 USC Sec. 13212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13212. Minimum Federal fleet requirement

-STATUTE-

(a) General requirements

(1) The Federal Government shall acquire at least -

(A) 5,000 light duty alternative fueled vehicles in fiscal year

1993;

(B) 7,500 light duty alternative fueled vehicles in fiscal year

1994; and

year 1995.

(2) The Secretary shall allocate the acquisitions necessary to

meet the requirements under paragraph (1).

(b) Percentage requirements

(1) Of the total number of vehicles acquired by a Federal fleet,

at least -

(A) 25 percent in fiscal year 1996;

(B) 33 percent in fiscal year 1997;

(D) 75 percent in fiscal year 1999 and thereafter,

shall be alternative fueled vehicles.

(2) The Secretary, in consultation with the Administrator of

General Services where appropriate, may permit a Federal fleet to

acquire a smaller percentage than is required in paragraph (1), so

long as the aggregate percentage acquired by all Federal fleets is

at least equal to the required percentage.

(3) For purposes of this subsection, the term "Federal fleet"

means 20 or more light duty motor vehicles, located in a

metropolitan statistical area or consolidated metropolitan

statistical area, as established by the Bureau of the Census, with

a 1980 population of more than 250,000, that are centrally fueled

or capable of being centrally fueled and are owned, operated,

leased, or otherwise controlled by or assigned to any Federal

executive department, military department, Government corporation,

independent establishment, or executive agency, the United States

Postal Service, the Congress, the courts of the United States, or

the Executive Office of the President. Such term does not include -

(A) motor vehicles held for lease or rental to the general

public;

(B) motor vehicles used for motor vehicle manufacturer product

evaluations or tests;

(D) emergency vehicles;

(E) motor vehicles acquired and used for military purposes that

the Secretary of Defense has certified to the Secretary must be

exempt for national security reasons; or

(F) nonroad vehicles, including farm and construction vehicles.

The General Services Administration and any other Federal agency

that procures motor vehicles for distribution to other Federal

agencies may allocate the incremental cost of alternative fueled

vehicles over the cost of comparable gasoline vehicles across the

entire fleet of motor vehicles distributed by such agency.

(d) Application of requirements

The provisions of section 6374 of this title relating to the

Federal acquisition of alternative fueled vehicles shall apply to

the acquisition of vehicles pursuant to this section.

(e) Resale

The Administrator of General Services shall take all feasible

steps to ensure that all alternative fueled vehicles sold by the

Federal Government shall remain alternative fueled vehicles at time

of sale.

(f) Authorization of appropriations

There are authorized to be appropriated for carrying out this

section, such sums as may be necessary for fiscal years 1993

through 1998, to remain available until expended.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 303, Oct. 24, 1992, 106 Stat.

2871.)

-EXEC-

EXECUTIVE ORDER NO. 12844

Ex. Ord. No. 12844, Apr. 21, 1993, 58 F.R. 21885, as amended by

Ex. Ord. No. 12974, Sec. 3(b), Sept. 29, 1995, 60 F.R. 51876, which

required the Federal Government to institute a Federal fleet

vehicle acquisition program and established the Federal Fleet

Conversion Task Force to advise on implementation of the program,

was revoked by Ex. Ord. No. 13031, Sec. 9, Dec. 13, 1996, 61 F.R.

66531, formerly set out below.

EXECUTIVE ORDER NO. 13031

Ex. Ord. No. 13031, Dec. 13, 1996, 61 F.R. 66529, which provided

that the Federal Government exercise leadership in the use of

alternative fueled vehicles, was revoked by Ex. Ord. 13149, Sec.

501, Apr. 21, 2000, 65 F.R. 24610, set out below.

EX. ORD. NO. 13149. GREENING THE GOVERNMENT THROUGH FEDERAL FLEET

AND TRANSPORTATION EFFICIENCY

Ex. Ord. No. 13149, Apr. 21, 2000, 65 F.R. 24607, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Energy

Policy and Conservation Act, as amended (42 U.S.C. 6201 et seq.),

the Energy Policy Act of 1992 (Public Law 102-486) [see Tables for

classification], section 301 of title 3, United States Code, and

the Energy Conservation Reauthorization Act of 1998 (Public Law

105-388) [see Short Title of 1998 Amendment note set out under 42

U.S.C. 6201], it is hereby ordered as follows:

-MISC1-

PART 1 PREAMBLE

Section 101. Federal Leadership. The purpose of this order is to

ensure that the Federal Government exercises leadership in the

reduction of petroleum consumption through improvements in fleet

fuel efficiency and the use of alternative fuel vehicles (AFVs) and

alternative fuels. Reduced petroleum use and the displacement of

petroleum by alternative fuels will help promote markets for more

alternative fuel and fuel efficient vehicles, encourage new

technologies, enhance the United States' energy self-sufficiency

and security, and ensure a healthier environment through the

reduction of greenhouse gases and other pollutants in the

atmosphere.

PART 2 GOALS

Sec. 201. Reduced Petroleum Fuel Consumption. Each agency

operating 20 or more motor vehicles within the United States shall

reduce its entire vehicle fleet's annual petroleum consumption by

at least 20 percent by the end of FY 2005, compared with FY 1999

petroleum consumption levels.

Sec. 202. Performance Strategies. Agencies have numerous options

for developing a strategy to meet the petroleum reduction levels

established in section 201 of this order. Measures include: the use

of alternative fuels in light, medium, and heavy-duty vehicles; the

acquisition of vehicles with higher fuel economy, including hybrid

vehicles; the substitution of cars for light trucks; an increase in

vehicle load factors; a decrease in vehicle miles traveled; and a

decrease in fleet size. Each agency will need a strategy that

includes most, if not all, of these measures, but can develop a

strategy that fits its unique fleet configuration and mission

requirements. As part of the strategy, each agency should attempt

to accelerate the introduction of vehicles meeting Tier 2

standards. Where feasible, agencies should also consider

procurement of innovative vehicles, such as hybrid electric

vehicles, capable of large improvements in fuel economy. The

strategy should also attempt to minimize costs in achieving the

objectives of this order. In developing its strategy, each agency

shall include the following:

(a) AFV Acquisition and Use of Alternative Fuels. Each agency

shall fulfill the acquisition requirements for AFVs established by

section 303 of the Energy Policy Act of 1992 [42 U.S.C. 13212].

Agencies shall use alternative fuels to meet a majority of the fuel

requirements of those motor vehicles by the end of FY 2005. Section

402 of this order addresses related issues of alternative fuel

infrastructure availability and the ability to track alternative

fuel usage data; and

(b) Acquisition of Higher Fuel Economy Vehicles. Agencies shall

increase the average EPA fuel economy rating of passenger cars and

light trucks acquired by at least 1 mile per gallon (mpg) by the

end of FY 2002 and at least 3 mpg by the end of FY 2005 compared to

FY 1999 acquisitions.

PART 3 ORGANIZATION AND ACCOUNTABILITY

Sec. 301. Leadership Responsibilities. The Office of Management

and Budget (OMB), the Department of Energy (DOE), the Environmental

Protection Agency (EPA), and the General Services Administration

(GSA) shall be responsible for providing leadership to the other

Federal agencies in implementing programs to meet the goals of this

order. Therefore, they shall perform the following activities:

(a) OMB shall:

(1) designate a senior official to assume the responsibility

for coordinating the collection of agency budget and data

submissions pursuant to this order;

(2) amend and issue budget guidance to the agencies that

requires each agency to identify in its annual budget submission

the funding necessary to meet the requirements of this order;

(3) review annual agency budget submissions to determine

adequacy in meeting the goal of this order and to balance

requests for increased funding to support achievement of the

goals against other mission priorities for the agency; and

(4) review agency submissions for the annual report to the

Congress, after budget decisions are made.

(b) DOE shall:

(1) issue guidance to agencies, within 90 days of the issuance

of this order, on preparation and submission of agency strategies

for complying with this order and the collection and annual

reporting of data to demonstrate compliance with this order;

(2) review and evaluate agency strategies prior to their

submission to OMB;

(3) provide OMB with copies of the agency strategy evaluations;

(4) provide whatever other support OMB requires to facilitate

performance of OMB's role;

(5) establish the data collection and reporting system outlined

in the DOE guidance for collecting annual agency performance data

on meeting the goals of this order and other applicable statutes

and policies;

(6) educate personnel from other agencies on the requirements

of this order, the data collection and reporting system, best

practices for improving fleet fuel efficiency, and methods for

successfully acquiring and using AFVs;

(7) review agencies' annual data submissions for accuracy and

produce a scorecard of agency and overall Federal compliance with

this order and other applicable statutes and policies; and

(8) report to the President annually on compliance with the

order, including the scorecard and level of performance in

meeting the goals of the agencies' strategies.

agencies in the accelerated purchase of Tier 2 vehicles.

(d) GSA shall develop and implement strategies that will ease

agencies' financial and administrative burdens associated with the

acquisition of AFVs, including:

(1) Agencies shall be allowed to replace their

conventionally-fueled vehicles with AFVs by making an initial

lump-sum payment for the additional acquisition cost of the AFV

and shall be allowed to contribute to the higher replacement

costs of the AFV incrementally over the term of the lease, and

have the option of averaging AFV incremental costs across the

agency fleet as provided by the Energy Policy Act of 1992.

(2) Within 120 days of this order, the Administrator of GSA, in

consultation with other agencies, shall:

(A) provide a summary of agency AFV acquisition plans to

potential AFV manufacturers to assist in their production

planning. At least 4 months in advance of agency vehicle

ordering cycles, GSA must provide to agencies the best

available information on the production plans of AFV

manufacturers;

(B) develop, in coordination with DOE and EPA, methods that

will help Federal fleet managers to select vehicles to improve

fleet fuel efficiency and to meet Tier 2 vehicle standards; and

procurement staff and officials to discuss and plan efforts to

ensure that the GSA-leased fleet is making progress toward the

goals of this order.

Sec. 302. Designation of Senior Agency Official. Within 90 days

of the date of this order, the head of each agency shall designate

a senior official to assume responsibility for the agency's AFV and

fleet fuel efficiency programs, and for meeting the requirements of

this order. Each senior agency official designated by an agency

shall be responsible for:

(a) preparing an agency strategy for meeting the goals of this

order, in accordance with guidance issued by DOE;

(b) submitting the agency strategy to DOE within 180 days of the

issuance of this order for evaluation and submission to OMB;

outlined in the DOE guidance for collecting annual agency

performance data on meeting the goals of this order and reporting

the data to DOE;

(d) ensuring the agency's strategy for meeting the goals of this

order is incorporated in the annual budget submission to OMB; and

(e) assembling the appropriate team and resources in the agency

necessary to attain the goals of this order.

Sec. 303. Management and Government Performance. Agencies may use

the following management strategies to assist them in meeting the

goals of this order:

(a) Awards. Agencies may use employee incentive programs to

reward exceptional performance in implementing this order.

(b) Performance Evaluations. Agencies shall, where appropriate,

include successful implementation of the provisions of this order

in the position descriptions and performance evaluations of agency

heads, the senior official, fleet managers, their superiors, and

other relevant employees.

Sec. 304. Applicability. This order applies to each agency

operating 20 or more motor vehicles within the United States.

Agency means an executive agency as defined in 5 U.S.C. 105. For

the purpose of this order, military departments, as defined in 5

U.S.C. 102, are covered under the auspices of the Department of

Defense.

PART 4 IMPLEMENTATION

Sec. 401. Vehicle Reporting Credits. When preparing the annual

report to DOE and OMB, each agency acquisition of an alternative

fuel light-duty vehicle, regardless of geographic placement, shall

count as one credit towards fulfilling the AFV acquisition

requirements of the Energy Policy Act of 1992. Agencies shall

receive one additional credit for each light-duty AFV that

exclusively uses an alternative fuel and for each Zero Emission

Vehicle of any size. Agencies shall receive three credits for

dedicated medium-duty AFVs and four credits for dedicated

heavy-duty AFVs. Agencies can also receive one credit for every 450

gallons of pure bio-diesel used in diesel vehicles.

Sec. 402. Infrastructure. To support the use of alternative fuel

in AFVs, agencies should arrange for fueling at commercial

facilities that offer alternative fuels for sale to the public.

(a) Agencies should team with State, local, and private entities

to support the expansion and use of public access alternative fuel

refueling stations;

(b) Agencies should use the authority granted to them in section

304 of the Energy Policy Act of 1992 [42 U.S.C. 13213] to establish

nonpublic access alternative fuel infrastructure for fueling

Federal AFVs where public fueling is unavailable.

alternative fuel usage tracking issues with alternative and

petroleum fuel providers.

Sec. 403. Procurement of Environmentally Preferable Motor Vehicle

Products.

(a) Consistent with Executive Order 13101 [42 U.S.C. 6961 note]

and section 6002 of the Resource Conservation and Recovery Act

(RCRA), 42 U.S.C. 6962, effective 6 months after the date of this

order, no Federal agency shall purchase, sell, or arrange for the

purchase of virgin petroleum motor vehicle lubricating oils when

re-refined motor vehicle lubricating oils are reasonably available

and meet the vehicle manufacturer's recommended performance

standards.

(b) Consistent with Executive Order 13101 and RCRA section 6962,

in acquiring and maintaining motor vehicles, agencies shall acquire

and use United States EPA-designated Comprehensive Procurement

Guideline items, including but not limited to retread tires, when

such products are reasonably available and meet applicable

performance standards. In addition, Federal agencies should

consider acquiring other recycled content products, such as tires

containing a minimum of 5-10 percent post-consumer recovered

rubber.

encouraged to use biobased motor vehicle products when such

products are reasonably available and meet applicable performance

standards.

PART 5 GENERAL PROVISIONS

Sec. 501. Revocation. Executive Order 13031 of December 13, 1996,

is revoked.

Sec. 502. Statutory Authority. Agencies must carry out the

provisions of this order to the extent consistent with their

statutory authority.

Sec. 503. Limitations. This order is intended only to improve the

internal management of the executive branch and is not intended to

create any right, benefit, or trust responsibility, substantive or

procedural, enforceable at law by a party against the United

States, its agencies, its officers, or any other person.

Sec. 504. Independent Agencies. Independent agencies and agencies

excepted from coverage by section 304 are encouraged to comply with

the provisions of this order.

Sec. 505. Government-Owned Contractor-Operated Vehicles. Agencies

must ensure that all Government-owned contractor-operated vehicles

comply with all applicable goals and other requirements of this

order and that these goals and requirements are incorporated into

each contractor's management contract.

Sec. 506. Exemptions for Military Tactical, Law Enforcement, and

Emergency Vehicles. Department of Defense military tactical

vehicles are exempt from this order. Law enforcement, emergency,

and any other vehicle class or type determined by OMB, in

consultation with DOE, are exempted from this order's requirements

for Federal fleet fuel efficiency and alternative fuel vehicle

acquisition. Agencies claiming vehicle exemptions must provide

information on the number of each class or type of vehicle claimed

as exempt as well as an estimate of total fuel consumption of

exempt vehicles on an annual basis. Agencies should examine options

for increasing fuel efficiency in these exempt vehicles and should

report actions taken to increase fuel efficiency in these vehicles

or fleets. All information required by this section must be

submitted annually under Part 3 of this order.

Sec. 507. Compliance. (a) If an agency fails to meet requirements

of the Energy Policy Act of 1992 or this order, its report to the

DOE and OMB under section 302(c) must include an explanation for

such failure and an updated strategy for achieving compliance using

the agency's current and requested budgets.

(b) OMB, in consultation with DOE, may modify the compliance

requirements for an agency under Part 2 of this order, if the

agency is unable to comply with the requirements of that part. An

agency requesting modification must show that it has made

substantial good faith efforts to comply with that part. The

availability and costs of alternative fuels and AFVs can be a

factor in OMB's decision to modify the agency's compliance with

Part 2 of this order.

Sec. 508. Definitions. Terms used in this order shall have the

same definitions as those in the Energy Policy Act of 1992 [see 42

U.S.C. 13211] and Executive Order 13101 [42 U.S.C. 6961 note],

unless specifically changed in guidance to be issued by DOE under

section 301(b) of this order.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6374, 13213, 13214 of

this title.

-End-

-CITE-

42 USC Sec. 13213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13213. Refueling

-STATUTE-

(a) In general

Federal agencies shall, to the maximum extent practicable,

arrange for the fueling of alternative fueled vehicles acquired

under section 13212 of this title at commercial fueling facilities

that offer alternative fuels for sale to the public. If publicly

available fueling facilities are not convenient or accessible to

the location of Federal alternative fueled vehicles purchased under

section 13212 of this title, Federal agencies are authorized to

enter into commercial arrangements for the purposes of fueling

Federal alternative fueled vehicles, including, as appropriate,

purchase, lease, contract, construction, or other arrangements in

which the Federal Government is a participant.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary for fiscal

years 1993 through 1998, to remain available until expended.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 304, Oct. 24, 1992, 106 Stat.

2872.)

-End-

-CITE-

42 USC Sec. 13214 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13214. Federal agency promotion, education, and coordination

-STATUTE-

(a) Promotion and education

The Secretary, in cooperation with the Administrator of General

Services, shall promote programs and educate officials and

employees of Federal agencies on the merits of alternative fueled

vehicles. The Secretary, in cooperation with the Administrator of

General Services, shall provide and disseminate information to

Federal agencies on -

(1) the location of refueling and maintenance facilities

available to alternative fueled vehicles in the Federal fleet;

(2) the range and performance capabilities of alternative

fueled vehicles;

(3) State and local government and commercial alternative

fueled vehicle programs;

(4) Federal alternative fueled vehicle purchases and

placements;

(5) the operation and maintenance of alternative fueled

vehicles in accordance with the manufacturer's standards and

recommendations; and

(6) incentive programs established pursuant to sections 13215

and 13216 of this title.

(b) Assistance in procurement and placement

The Secretary, in cooperation with the Administrator of General

Services, shall provide guidance, coordination and technical

assistance to Federal agencies in the procurement and geographic

location of alternative fueled vehicles purchased through the

Administrator of General Services. The procurement and geographic

location of such vehicles shall comply with the purchase

requirements under section 13212 of this title.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 305, Oct. 24, 1992, 106 Stat.

2872.)

-End-

-CITE-

42 USC Sec. 13215 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13215. Agency incentives program

-STATUTE-

(a) Reduction in rates

To encourage and promote use of alternative fueled vehicles in

Federal agencies, the Administrator of General Services may offer a

reduction in fees charged to agencies for the lease of alternative

fueled vehicles below those fees charged for the lease of

comparable conventionally fueled motor vehicles.

(b) Sunset provision

This section shall cease to be effective 3 years after October

24, 1992.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 306, Oct. 24, 1992, 106 Stat.

2873.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13214 of this title.

-End-

-CITE-

42 USC Sec. 13216 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13216. Recognition and incentive awards program

-STATUTE-

(a) Awards program

The Administrator of General Services shall establish annual

awards program to recognize those Federal employees who demonstrate

the strongest commitment to the use of alternative fuels and fuel

conservation in Federal motor vehicles.

(b) Criteria

The Administrator of General Services shall provide annual awards

to Federal employees who best demonstrate a commitment -

(1) to the success of the Federal alternative fueled vehicle

program through -

(A) exemplary promotion of alternative fueled vehicle use

within Federal agencies;

(B) proper alternative fueled vehicle care and maintenance;

(D) innovative alternative fueled vehicle procurement,

refueling, and maintenance arrangements with commercial

entities;

(E) making regular requests for alternative fueled vehicles

for agency use; and

(F) maintaining a high number of alternative fueled vehicles

used relative to comparable conventionally fueled motor

vehicles used; and

(2) to fuel efficiency in Federal motor vehicle use through the

promotion of such measures as increased use of fuel-efficient

vehicles, carpooling, ride-sharing, regular maintenance, and

other conservation and awareness measures.

There are authorized to be appropriated for the purpose of

carrying out this section not more than $35,000 for fiscal year

1994 and such sums as may be necessary for each of the fiscal years

1995 and 1996.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 307, Oct. 24, 1992, 106 Stat.

2873.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13214 of this title.

-End-

-CITE-

42 USC Sec. 13217 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13217. Measurement of alternative fuel use

-STATUTE-

The Administrator of General Services shall use such means as may

be necessary to measure the percentage of alternative fuel use in

dual-fueled vehicles procured by the Administrator of General

Services. Not later than one year after October 24, 1992, the

Secretary, in consultation with the Administrator of General

Services, shall issue guidelines to Federal agencies for use in

measuring the aggregate percentage of alternative fuel use in

dual-fueled vehicles in their fleets.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 308, Oct. 24, 1992, 106 Stat.

2874.)

-End-

-CITE-

42 USC Sec. 13218 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13218. Reports

-STATUTE-

(a) Omitted

(b) Compliance report

(1) In general

Not later than 1 year after November 13, 1998, and annually

thereafter for the next 14 years, the head of each Federal agency

which is subject to this Act and Executive Order No. 13031 shall

prepare, and submit to Congress, a report that -

(A) summarizes the compliance by such Federal agency with the

alternative fuel purchasing requirements for Federal fleets

under this Act and Executive Order No. 13031; and

(B) includes a plan of compliance that contains specific

dates for achieving compliance using reasonable means.

(2) Contents

(A) In general

Each report submitted under paragraph (1) shall include -

(i) any information on any failure to meet statutory

requirements or requirements under Executive Order No. 13031;

(ii)(I) any plan of compliance that the agency head is

required to submit under Executive Order No. 13031; or

(II) if a plan of compliance referred to in subclause (I)

does not contain specific dates by which the Federal agency

is to achieve compliance, a revised plan of compliance that

contains specific dates for achieving compliance; and

(iii) any related information the agency head is required

to submit to the Director of the Office of Management and

Budget under Executive Order No. 13031.

(B) Penultimate report

The penultimate report submitted under paragraph (1) shall

include an announcement that the report for the next year shall

be the final report submitted under paragraph (1).

(3) Public dissemination of report

Each report submitted under paragraph (1) shall be made public,

including -

(A) placing such report on a publicly available website on

the Internet; and

(B) publishing the availability of the report, including such

website address, in the Federal Register.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 310, Oct. 24, 1992, 106 Stat.

2874; Pub. L. 105-388, Sec. 8(a), Nov. 13, 1998, 112 Stat. 3481.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is Pub. L. 102-486, Oct.

24, 1992, 102 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of this title and Tables.

Executive Order No. 13031, referred to in subsec. (b)(1), (2)(A),

was Ex. Ord. No. 13031, Dec. 13, 1996, 61 F.R. 66529, which was set

out as a note under section 13212 of this title prior to revocation

by Ex. Ord. No. 13149, Sec. 501, Apr. 21, 2000, 65 F.R. 24610, set

out as a note under section 13212 of this title.

-COD-

CODIFICATION

Subsec. (a) of this section, which required the Administrator of

General Services to report biennially to Congress on the General

Services Administration's alternative fueled vehicle program under

the Energy Policy Act of 1992, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, the 4th item on page 173 of House Document No. 103-7.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-388 substituted "Reports" for "General

Services Administration report" in section catchline, designated

existing provisions as subsec. (a) and inserted heading, and added

subsec. (b).

-End-

-CITE-

42 USC Sec. 13219 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13219. United States Postal Service

-STATUTE-

(a) Omitted

(b) Coordination

To the maximum extent practicable, the Postmaster General shall

coordinate the Postal Service's alternative fueled vehicle

procurement, placement, refueling, and maintenance programs with

those at the Federal, State, and local level. The Postmaster

General shall communicate, share, and disseminate, on a regular

basis, information on such programs with the Secretary, the

Administrator of General Services, and heads of appropriate Federal

agencies.

The Postmaster General shall consider the following criteria in

the procurement and placement of alternative fueled vehicles:

(1) The procurement plans of State and local governments and

other public and private institutions.

(2) The current and future availability of refueling and repair

facilities.

(3) The reduction in emissions of the Postal fleet.

(4) Whether the vehicle is to be used in a nonattainment area

as specified in the Clean Air Act Amendments of 1990.

(5) The operational requirements of the Postal fleet.

(6) The contribution to the reduction in the consumption of oil

in the transportation sector.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 311, Oct. 24, 1992, 106 Stat.

2874.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act Amendments of 1990, referred to in subsec.

(c)(4), probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat.

2399. For complete classification of this Act to the Code, see

Short Title of 1990 Amendment note set out under section 7401 of

this title and Tables.

-COD-

CODIFICATION

Subsec. (a) of this section, which required the Postmaster

General to biennially submit to Congress a report on the Postal

Service's alternative fueled vehicle program, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, the 15th item on page 194 of House Document

No. 103-7.

-End-

-CITE-

42 USC Sec. 13220 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-

Sec. 13220. Biodiesel fuel use credits

-STATUTE-

(a) Allocation of credits

(1) In general

The Secretary shall allocate one credit under this section to a

fleet or covered person for each qualifying volume of the

biodiesel component of fuel containing at least 20 percent

biodiesel by volume purchased after the date of the enactment of

this section, for use by the fleet or covered person in vehicles

owned or operated by the fleet or covered person that weigh more

than 8,500 pounds gross vehicle weight rating.

(2) Exceptions

No credits shall be allocated under paragraph (1) for a

purchase of biodiesel -

(A) for use in alternative fueled vehicles; or

(B) that is required by Federal or State law.

(3) Authority to modify percentage

The Secretary may, by rule, lower the 20 percent biodiesel

volume requirement in paragraph (1) for reasons related to cold

start, safety, or vehicle function considerations.

(4) Documentation

A fleet or covered person seeking a credit under this section

shall provide written documentation to the Secretary supporting

the allocation of a credit to such fleet or covered person under

paragraph (1).

(b) Use of credits

(1) In general

At the request of a fleet or covered person allocated a credit

under subsection (a) of this section, the Secretary shall, for

the year in which the purchase of a qualifying volume is made,

treat that purchase as the acquisition of one alternative fueled

vehicle the fleet or covered person is required to acquire under

this subchapter, subchapter II of this chapter, or subchapter III

of this chapter.

(2) Limitation

Credits allocated under subsection (a) of this section may not

be used to satisfy more than 50 percent of the alternative fueled

vehicle requirements of a fleet or covered person under this

subchapter, subchapter II of this chapter, and subchapter III of

this chapter. This paragraph shall not apply to a fleet or

covered person that is a biodiesel alternative fuel provider

described in section 13251(a)(2)(A) of this title.

A credit under this section shall not be considered a credit

under section 13258 of this title.

(d) Issuance of rule

The Secretary shall, before January 1, 1999, issue a rule

establishing procedures for the implementation of this section.

(e) Collection of data

The Secretary shall collect such data as are required to make a

determination described in subsection (f)(2)(B) of this section.

(f) Definitions

For purposes of this section -

(1) the term "biodiesel" means a diesel fuel substitute

produced from nonpetroleum renewable resources that meets the

registration requirements for fuels and fuel additives

established by the Environmental Protection Agency under section

7545 of this title; and

(2) the term "qualifying volume" means -

(A) 450 gallons; or

(B) if the Secretary determines by rule that the average

annual alternative fuel use in light duty vehicles by fleets

and covered persons exceeds 450 gallons or gallon equivalents,

the amount of such average annual alternative fuel use.

-SOURCE-

(Pub. L. 102-486, title III, Sec. 312, as added Pub. L. 105-277,

div. A, Sec. 101(a) [title XII, Sec. 1201(a)], Oct. 21, 1998, 112

Stat. 2681, 2681-48; Pub. L. 105-388, Sec. 7(a), Nov. 13, 1998, 112

Stat. 3480.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(a)(1), probably means October 21, 1998, the date of the enactment

of this section by Pub. L. 105-277, rather than Nov. 13, 1998, the

date of the enactment of this section by Pub. L. 105-388.

-COD-

CODIFICATION

Pub. L. 105-277 and Pub. L. 105-388 enacted identical sections.

-End-

-CITE-

42 USC SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL

PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 13211, 13220, 13263 of

this title.

-End-

-CITE-

42 USC Sec. 13231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13231. Public information program

-STATUTE-

The Secretary, in consultation with appropriate Federal agencies

and individuals and organizations with practical experience in the

production and use of alternative fuels and alternative fueled

vehicles, shall, for the purposes of promoting the use of

alternative fuels and alternative fueled vehicles, establish a

public information program on the benefits and costs of the use of

alternative fuels in motor vehicles. Within 18 months after October

24, 1992, the Secretary shall produce and make available an

information package for consumers to assist them in choosing among

alternative fuels and alternative fueled vehicles. Such information

package shall provide relevant and objective information on motor

vehicle characteristics and fuel characteristics as compared to

gasoline, on a life cycle basis, including environmental

performance, energy efficiency, domestic content, cost, maintenance

requirements, reliability, and safety. Such information package

shall also include information with respect to the conversion of

conventional motor vehicles to alternative fueled vehicles. The

Secretary shall include such other information as the Secretary

determines is reasonable and necessary to help promote the use of

alternative fuels in motor vehicles. Such information package shall

be updated annually to reflect the most recent available

information.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 405, Oct. 24, 1992, 106 Stat.

2880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13232 of this title.

-End-

-CITE-

42 USC Sec. 13232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13232. Labeling requirements

-STATUTE-

(a) Establishment of requirements

The Federal Trade Commission, in consultation with the Secretary,

the Administrator of the Environmental Protection Agency, and the

Secretary of Transportation, shall, within 18 months after October

24, 1992, issue a notice of proposed rulemaking for a rule to

establish uniform labeling requirements, to the greatest extent

practicable, for alternative fuels and alternative fueled vehicles,

including requirements for appropriate information with respect to

costs and benefits, so as to reasonably enable the consumer to make

choices and comparisons. Required labeling under the rule shall be

simple and, where appropriate, consolidated with other labels

providing information to the consumer. In formulating the rule, the

Federal Trade Commission shall give consideration to the problems

associated with developing and publishing useful and timely cost

and benefit information, taking into account lead time, costs, the

frequency of changes in costs and benefits that may occur, and

other relevant factors. The Commission shall obtain the views of

affected industries, consumer organizations, Federal and State

agencies, and others in formulating the rule. A final rule shall be

issued within 1 year after the notice of proposed rulemaking is

issued. Such rule shall be updated periodically to reflect the most

recent available information.

(b) Technical assistance and coordination

The Secretary shall provide technical assistance to the Federal

Trade Commission in developing labeling requirements under

subsection (a) of this section. The Secretary shall coordinate

activities under this section with activities under section 13231

of this title.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 406, Oct. 24, 1992, 106 Stat.

2880.)

-End-

-CITE-

42 USC Sec. 13233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13233. Data acquisition program

-STATUTE-

(a) Not later than one year after October 24, 1992, the

Secretary, through the Energy Information Administration, and in

cooperation with appropriate State, regional, and local

authorities, shall establish a data collection program to be

conducted in at least 5 geographically and climatically diverse

regions of the United States for the purpose of collecting data

which would be useful to persons seeking to manufacture, convert,

sell, own, or operate alternative fueled vehicles or alternative

fueling facilities. Such data shall include -

(1) identification of the number and types of motor vehicle

trips made daily and miles driven per trip, including commuting,

business, and recreational trips;

(2) the projections of the Secretary as to the most likely

combination of alternative fueled vehicle use and other forms of

transit, including rail and other forms of mass transit;

(3) cost, performance, environmental, energy, and safety data

on alternative fuels and alternative fueled vehicles; and

(4) other appropriate demographic information and consumer

preferences.

(b) The Secretary shall consult with interested parties,

including other appropriate Federal agencies, manufacturers, public

utilities, owners and operators of fleets of light duty motor

vehicles, and State or local governmental entities, to determine

the types of data to be collected and analyzed under subsection (a)

of this section.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 407, Oct. 24, 1992, 106 Stat.

2881.)

-End-

-CITE-

42 USC Sec. 13234 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13234. Federal Energy Regulatory Commission authority to

approve recovery of certain expenses in advance

-STATUTE-

(a) Natural gas motor vehicles

The Federal Energy Regulatory Commission may, under section 717c

of title 15, allow recovery of expenses in advance by natural-gas

companies for research, development, and demonstration activities

by the Gas Research Institute for projects on the use of natural

gas, including fuels derived from natural gas, for transportation,

and projects on the use of natural gas to control pollutants and to

control emissions from the combustion of other fuels, if the

Commission finds that the benefits, including environmental

benefits, to existing and future ratepayers resulting from such

activities exceed all direct costs to existing and future

ratepayers. To the maximum extent practicable, through the

establishment of cofunding requirements applicable to such

projects, the Commission shall ensure that the costs of such

activities shall be provided in part, through contributions of

cash, personnel, services, equipment, and other resources, by

sources other than the recovery of expenses pursuant to this

section.

(b) Electric motor vehicles

The Federal Energy Regulatory Commission may, under section 824d

of title 16, allow recovery of expenses in advance by electric

utilities for research, development, and demonstration activities

by the Electric Power Research Institute for projects on electric

motor vehicles, if the Commission finds that the benefits,

including environmental benefits, to existing and future ratepayers

resulting from such activities exceed all direct costs to existing

and future ratepayers. To the maximum extent practicable, through

the establishment of cofunding requirements applicable to each

project, the costs of such activities shall be provided, in part,

through contributions of cash, personnel, services, equipment, and

other resources, by sources other than the recovery of expenses

pursuant to this section.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 408, Oct. 24, 1992, 106 Stat.

2881.)

-COD-

CODIFICATION

Section is comprised of section 408 of Pub. L. 102-486. Subsec.

III of Pub. L. 102-104, formerly set out as a note under section

717c of Title 15, Commerce and Trade.

-End-

-CITE-

42 USC Sec. 13235 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13235. State and local incentives programs

-STATUTE-

(a) Establishment of program

(1) The Secretary shall, within one year after October 24, 1992,

issue regulations establishing guidelines for comprehensive State

alternative fuels and alternative fueled vehicle incentives and

program plans designed to accelerate the introduction and use of

such fuels and vehicles. Such guideline (!1) shall address the

development, modification, and implementation of such State plans

and shall describe those program elements, as described in

paragraph (3), to be addressed in such plans.

(2) The Secretary, after consultation with the Secretary of

Transportation and the Administrator of the Environmental

Protection Agency, shall invite the Governor of each State to

submit to the Secretary a State plan within one year after the

effective date of the regulations issued under paragraph (1). Such

plan shall include -

(A) provisions designed to result in scheduled progress toward,

and achievement of, the goal of introducing substantial numbers

of alternative fueled vehicles in such State by the year 2000;

and

(B) a detailed description of the requirements, including the

estimated cost of implementation, of such plan.

(3) Each proposed State plan, in order to be eligible for Federal

assistance under this section, shall describe the manner in which

coordination shall be achieved with Federal and local governmental

entities in implementing such plan, and shall include an

examination of -

(A) exemption from State sales tax or other State or local

taxes or surcharges (other than such taxes or surcharges which

are dedicated for transportation purposes) with respect to

alternative fueled vehicles, alternative fuels, or alternative

fueling facilities;

(B) the introduction of alternative fueled vehicles into

State-owned or operated motor vehicle fleets;

transportation facilities;

(D) programs of public education to promote the use of

alternative fueled vehicles;

(E) the treatment of sales of alternative fuels for use in

alternative fueled vehicles;

(F) methods by which State and local governments might

facilitate -

(i) the availability of alternative fuels; and

(ii) the ability to recharge electric motor vehicles at

public locations;

(G) allowing public utilities to include in rates the

incremental cost of -

(i) new alternative fueled vehicles;

(ii) converting conventional vehicles to operate on

alternative fuels; and

(iii) installing alternative fuel fueling facilities,

but only to the extent that the inclusion of such costs in rates

would not create competitive disadvantages for other market

participants, and taking into consideration the effect inclusion

of such costs would have on rates, service, and reliability to

other utility customers;

(H) such other programs and incentives as the State may

describe;

(I) whether accomplishing any of the goals in this subsection

would require amendment to State law or regulation, including

traffic safety prohibitions;

(J) services provided by municipal, county, and regional

transit authorities; and

(K) effects of such plan on programs authorized by the

Intermodal Surface Transportation Efficiency Act of 1991 and

amendments made by that Act.

(b) Federal assistance to States

(1) Upon request of the Governor of any State with a plan

approved under this section, the Secretary may provide to such

State -

(A) information and technical assistance, including model State

laws and proposed regulations relating to alternative fueled

vehicles;

(B) grants of Federal financial assistance for the purpose of

assisting such State in the implementation of such plan or any

part thereof; and

of alternative fueled vehicles.

(2) In determining whether to approve a State plan submitted

under subsection (a) of this section, and in determining the amount

of Federal financial assistance, if any, to be provided to any

State under this subsection, the Secretary shall take into account

(A) the energy-related and environmental-related impacts, on a

life cycle basis, of the introduction and use of alternative

fueled vehicles included in the plan compared to conventional

motor vehicles;

(B) the number of alternative fueled vehicles likely to be

introduced by the year 2000, as a result of successful

implementation of the plan; and

(3) The Secretary, in consultation with the Administrator of

General Services, shall provide assistance to States in procuring

alternative fueled vehicles, including coordination with Federal

procurements of such vehicles.

(4) The Secretary may not approve a State plan submitted under

subsection (a) of this section unless the State agrees to provide

at least 20 percent of the cost of activities for which assistance

is provided under paragraph (1).

(1) In carrying out this section, the Secretary shall consult

with the Secretary of Transportation on matters relating to

transportation and with other appropriate Federal and State

departments and agencies.

(2) The Secretary shall report annually to the President and the

Congress, and shall furnish copies of such report to the Governor

of each State participating in the program, on the operation of the

program under this section. Such report shall include -

(A) an estimate of the number of alternative fueled vehicles in

use in each State;

(B) the degree of each State's participation in the program;

undertaken in the various States, whether pursuant to a State

plan under this section or not, to provide incentives for

introduction of alternative fueled vehicles;

(D) an estimate of the energy and environmental benefits of the

program; and

(E) the recommendations of the Secretary, if any, for

additional action by the Federal Government.

(d) Definitions

For the purposes of this section, the following definitions

apply:

(1) Governor

The term "Governor" means the chief executive of a State.

(2) State

The term "State" means each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the United States

Virgin Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, and any other Commonwealth, territory,

or possession of the United States.

(e) Authorization of appropriations

There are authorized to be appropriated for carrying out this

section, $10,000,000 for each of the 5 fiscal years beginning after

October 24, 1992.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 409, Oct. 24, 1992, 106 Stat.

2882.)

-REFTEXT-

REFERENCES IN TEXT

The Intermodal Surface Transportation Efficiency Act of 1991,

referred to in subsec. (a)(3)(K), is Pub. L. 102-240, Dec. 18,

1991, 105 Stat. 1914. For complete classification of this Act to

the Code, see Short Title of 1991 Amendment note set out under

section 101 of Title 49, Transportation, and Tables.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(2) of this section relating to annual reports to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 8th item on

page 86 of House Document No. 103-7.

-FOOTNOTE-

(!1) So in original. Probably should be "guidelines".

-End-

-CITE-

42 USC Sec. 13236 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13236. Alternative fuel bus program

-STATUTE-

(a) Cooperative agreements and joint ventures

(1) The Secretary of Transportation, in consultation with the

Secretary, may enter into cooperative agreements and joint ventures

proposed by any municipal, county, or regional transit authority in

an urban area with a population over 100,000 (according to latest

available census information) to demonstrate the feasibility of

commercial application, including safety of specific vehicle

design, of using alternative fuels for urban buses and other motor

vehicles used for mass transit.

(2) The cooperative agreements and joint ventures under paragraph

(1) may include interested or affected private firms willing to

provide assistance in cash, or in kind, for any such demonstration.

(3) Federal assistance provided under cooperative agreements and

joint ventures entered into under paragraph (1) to demonstrate the

feasibility of commercial application of using alternative fuels

for urban buses shall be in addition to Federal assistance provided

under any other law for such purpose.

(b) Limitations

(1) The Secretary of Transportation may not enter into

cooperative agreement or joint venture under subsection (a) of this

section with any municipal, county, or regional transit authority,

unless such government body agrees to provide 20 percent of the

costs of such demonstration.

(2) The Secretary of Transportation may grant such priority under

this section to any entity that demonstrates that the use of

alternative fuels for transportation would have a significant

beneficial effect on the environment.

The Secretary of Transportation may also provide, in accordance

with such rules as he may prescribe, financial assistance to any

agency, municipality, or political subdivision in an urban area

referred to in subsection (a) of this section, of any State or the

District of Columbia for the purpose of meeting the incremental

costs of school buses that are dedicated vehicles and used

regularly for such transportation during the school term. Such

costs may include the purchase and installation of alternative fuel

refueling facilities to be used for school bus refueling, and the

conversion of school buses to dedicated vehicles. The Secretary of

Transportation may provide such assistance directly to a person who

is a contractor of such agency, municipality, or political

subdivision, upon the request of the agency, municipality, or

political subdivision, and who, under such contract, provides for

such transportation. Any conversion under this subsection shall

comply with the warranty and safety requirements for alternative

fuel conversions contained in section 7587 (!1) of this title.

(d) Authorization of appropriations

There are authorized to be appropriated not more than $30,000,000

for each of the fiscal years 1993, 1994, and 1995 for purposes of

this section.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 410, Oct. 24, 1992, 106 Stat.

2884.)

-REFTEXT-

REFERENCES IN TEXT

Section 7587 of this title, referred to in subsec. (c), was in

the original "section 247 of the Clean Air Act Amendments of 1990",

Pub. L. 101-549, and was translated as reading "section 247 of the

Clean Air Act", meaning section 247 of act July 14, 1955, ch. 360,

title II, as added Nov. 15, 1990, Pub. L. 101-549, title II, Sec.

229(a), 104 Stat. 2523, to reflect the probable intent of Congress,

because the Clean Air Act Amendments of 1990 does not contain a

section 247, and section 247 of the Clean Air Act relates to

alternate fuel conversions for vehicles.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13237 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13237. Certification of training programs

-STATUTE-

The Secretary shall ensure that the Federal Government

establishes and carries out a program for the certification of

training programs for technicians who are responsible for motor

vehicle installation of equipment that converts gasoline or

diesel-fueled motor vehicles into dedicated vehicles or dual fueled

vehicles, and for the maintenance of such converted motor vehicles.

A training program shall not be certified under the program

established under this section unless it provides technicians with

instruction on the proper and safe installation procedures and

techniques, adherence to specifications (including original

equipment manufacturer specifications), motor vehicle operating

procedures, emissions testing, and other appropriate mechanical

concerns applicable to these motor vehicle conversions. The

Secretary shall ensure that, in the development of the program

required under this section, original equipment manufacturers, fuel

suppliers, companies that convert conventional vehicles to use

alternative fuels, and other affected persons are consulted.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 411, Oct. 24, 1992, 106 Stat.

2885.)

-End-

-CITE-

42 USC Sec. 13238 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13238. Alternative fuel use in nonroad vehicles and engines

-STATUTE-

(a) Nonroad vehicles and engines

(1) The Secretary shall conduct a study to determine whether the

use of alternative fuels in nonroad vehicles and engines would

contribute substantially to reduced reliance on imported energy

sources. Such study shall be completed, and the results thereof

reported to Congress, within 2 years after October 24, 1992.

(2) The study shall assess the potential of nonroad vehicles and

engines to run on alternative fuels. Taking into account the

nonroad vehicles and engines for which running on alternative fuels

is feasible, the study shall assess the potential reduction in

reliance on foreign energy sources that could be achieved if such

vehicles were to run on alternative fuels.

(3) The report required under paragraph (1) may include the

Secretary's recommendations for encouraging or requiring nonroad

vehicles and engines which can feasibly be run on alternative

fuels, to utilize such alternative fuels.

(b) Definition of nonroad vehicles and engines

Nonroad vehicles and engines, for purposes of this section, shall

include nonroad vehicles and engines used for surface

transportation or principally for industrial or commercial

purposes, vehicles used for rail transportation, vehicles used at

airports, vehicles or engines used for marine purposes, and other

vehicles or engines at the discretion of the Secretary.

Upon completion of the study required pursuant to subsection (a)

of this section, the Secretary may designate such vehicles and

engines as qualifying for loans pursuant to section 13239 of this

title.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 412, Oct. 24, 1992, 106 Stat.

2886.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13239 of this title.

-End-

-CITE-

42 USC Sec. 13239 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-

Sec. 13239. Low interest loan program

-STATUTE-

(a) Establishment

Within 1 year after October 24, 1992, the Secretary shall

establish a program for making low interest loans, giving

preference to small businesses that own or operate fleets, for -

(1) the conversion of motor vehicles to operation on

alternative fuels;

(2) covering the incremental costs of the purchase of motor

vehicles which operate on alternative fuels, when compared with

purchase costs of comparable conventionally fueled motor

vehicles; or

(3) covering the incremental costs of purchase of non-road

vehicles and engines designated by the Secretary pursuant to

section 13238(c) of this title.

(b) Loan terms

The Secretary, to the extent practicable, shall establish

reasonable terms for loans made under this subsection, with

preference given to repayment schedules that enable such loans to

be repaid by the borrower from the cost differential between

gasoline and the alternative fuel on which the motor vehicle

operates.

In deciding to whom loans shall be made under this subsection,

the Secretary shall consider -

(1) the financial need of the applicant;

(2) the goal of assisting the greatest number of applicants;

and

(3) the ability of an applicant to repay the loan, taking into

account the fuel cost savings likely to accrue to the applicant.

(d) Priorities

Priority shall be given under this section to fleets where the

use of alternative fuels would have a significant beneficial effect

on energy security and the environment.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section, $25,000,000 for each of the fiscal years

1993, 1994, and 1995.

-SOURCE-

(Pub. L. 102-486, title IV, Sec. 414, Oct. 24, 1992, 106 Stat.

2886.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13238 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - AVAILABILITY AND USE OF

REPLACEMENT FUELS, ALTERNATIVE FUELS, AND

ALTERNATIVE FUELED PRIVATE VEHICLES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 13211, 13220 of this

title.

-End-

-CITE-

42 USC Sec. 13251 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13251. Mandate for alternative fuel providers

-STATUTE-

(a) In general

(1) The Secretary shall, before January 1, 1994, issue

regulations requiring that of the new light duty motor vehicles

acquired by a covered person described in paragraph (2), the

following percentages shall be alternative fueled vehicles for the

following model years:

(A) 30 percent for model year 1996.

(B) 50 percent for model year 1997.

(D) 90 percent for model year 1999 and thereafter.

(2) For purposes of this section, a person referred to in

paragraph (1) is -

(A) a covered person whose principal business is producing,

storing, refining, processing, transporting, distributing,

importing, or selling at wholesale or retail any alternative fuel

other than electricity;

(B) a non-Federal covered person whose principal business is

generating, transmitting, importing, or selling at wholesale or

retail electricity; or

(i) who produces, imports, or produces and imports in

combination, an average of 50,000 barrels per day or more of

petroleum; and

(ii) a substantial portion of whose business is producing

alternative fuels.

(3)(A) In the case of a covered person described in paragraph (2)

with more than one affiliate, division, or other business unit,

only an affiliate, division, or business unit which is

substantially engaged in the alternative fuels business (as

determined by the Secretary by rule) shall be subject to this

subsection.

(B) No covered person or affiliate, division, or other business

unit of such person whose principal business is -

(i) transforming alternative fuels into a product that is not

an alternative fuel; or

(ii) consuming alternative fuels as a feedstock or fuel in the

manufacture of a product that is not an alternative fuel,

shall be subject to this subsection.

(4) The vehicles purchased pursuant to this section shall be

operated solely on alternative fuels except when operating in an

area where the appropriate alternative fuel is unavailable.

(5) Regulations issued under paragraph (1) shall provide for the

prompt exemption by the Secretary, through a simple and reasonable

process, from the requirements of paragraph (1) of any covered

person, in whole or in part, if such person demonstrates to the

satisfaction of the Secretary that -

(A) alternative fueled vehicles that meet the normal

requirements and practices of the principal business of that

person are not reasonably available for acquisition; or

(B) alternative fuels that meet the normal requirements and

practices of the principal business of that person are not

available in the area in which the vehicles are to be operated.

(b) Revisions and extensions

With respect to model years 1997 and thereafter, the Secretary

may -

(1) revise the percentage requirements under subsection (a)(1)

of this section downward, except that under no circumstances

shall the percentage requirement for a model year be less than 20

percent; and

(2) extend the time under subsection (a)(1) of this section for

up to 2 model years.

The Secretary shall, within 1 year after October 24, 1992, issue

regulations requiring that, in the case of a covered person whose

principal business is generating, transmitting, importing, or

selling at wholesale or retail electricity, the requirements of

subsection (a)(1) of this section shall not apply until after

December 31, 1997, with respect to electric motor vehicles. Any

covered person described in this subsection which plans to acquire

electric motor vehicles to comply with the requirements of this

section shall so notify the Secretary before January 1, 1996.

(d) Report to Congress

The Secretary shall, before January 1, 1998, submit a report to

the Congress providing detailed information on actions taken to

carry out this section, and the progress made and problems

encountered thereunder.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 501, Oct. 24, 1992, 106 Stat.

2887.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13220, 13257, 13258,

13261 of this title.

-End-

-CITE-

42 USC Sec. 13252 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13252. Replacement fuel supply and demand program

-STATUTE-

(a) Establishment of program

The Secretary shall establish a program to promote the

development and use in light duty motor vehicles of domestic

replacement fuels. Such program shall promote the replacement of

petroleum motor fuels with replacement fuels to the maximum extent

practicable. Such program shall, to the extent practicable, ensure

the availability of those replacement fuels that will have the

greatest impact in reducing oil imports, improving the health of

our Nation's economy and reducing greenhouse gas emissions.

(b) Development plan and production goals

Under the program established under subsection (a) of this

section, the Secretary, before October 1, 1993, in consultation

with the Administrator, the Secretary of Transportation, the

Secretary of Agriculture, the Secretary of Commerce, and the heads

of other appropriate agencies, shall review appropriate information

and -

(1) estimate the domestic and nondomestic production capacity

for replacement fuels and alternative fueled vehicles needed to

implement this section;

(2) determine the technical and economic feasibility of

achieving the goals of producing sufficient replacement fuels to

replace, on an energy equivalent basis -

(A) at least 10 percent by the year 2000; and

(B) at least 30 percent by the year 2010,

of the projected consumption of motor fuel in the United States

for each such year, with at least one half of such replacement

fuels being domestic fuels;

(3) determine the most suitable means and methods of developing

and encouraging the production, distribution, and use of

replacement fuels and alternative fueled vehicles in a manner

that would meet the program goals described in subsection (a) of

this section;

(4) identify ways to encourage the development of reliable

replacement fuels and alternative fueled vehicle industries in

the United States, and the technical, economic, and institutional

barriers to such development; and

(5) determine the greenhouse gas emission implications of

increasing the use of replacement fuels, including an estimate of

the maximum feasible reduction in such emissions from the use of

replacement fuels.

The Secretary shall publish in the Federal Register the results of

actions taken under this subsection, and provide for an opportunity

for public comment.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 502, Oct. 24, 1992, 106 Stat.

2888.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13254, 13255, 13256,

13257 of this title.

-End-

-CITE-

42 USC Sec. 13253 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13253. Replacement fuel demand estimates and supply

information

-STATUTE-

(a) Estimates

Not later than October 1, 1993, and annually thereafter, the

Secretary, in consultation with the Administrator, the Secretary of

Transportation, and other appropriate State and Federal officials,

shall estimate for the following calendar year -

(1) the number of each type of alternative fueled vehicle

likely to be in use in the United States;

(2) the probable geographic distribution of such vehicles;

(3) the amount and distribution of each type of replacement

fuel; and

(4) the greenhouse gas emissions likely to result from

replacement fuel use.

(b) Information

Beginning on October 1, 1994, the Secretary shall annually

require -

(1) fuel suppliers to report to the Secretary on the amount of

each type of replacement fuel that such supplier -

(A) has supplied in the previous calendar year; and

(B) plans to supply for the following calendar year;

(2) suppliers of alternative fueled vehicles to report to the

Secretary on the number of each type of alternative fueled

vehicle that such supplier -

(A) has made available in the previous calendar year; and

(B) plans to make available for the following calendar year;

and

(3) such fuel suppliers to provide the Secretary information

necessary to determine the greenhouse gas emissions from the

replacement fuels used, taking into account the entire fuel

cycle.

Information provided to the Secretary under subsection (b) of

this section shall be subject to applicable provisions of law

protecting the confidentiality of trade secrets and business and

financial information, including section 1905 of title 18.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 503, Oct. 24, 1992, 106 Stat.

2889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13256, 13261 of this

title.

-End-

-CITE-

42 USC Sec. 13254 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13254. Modification of goals; additional rulemaking authority

-STATUTE-

(a) Examination of goals

Within 3 years after October 24, 1992, and periodically

thereafter, the Secretary shall examine the goals established under

section 13252(b)(2) of this title, in the context of the program

goals stated under section 13252(a) of this title, to determine if

the goals under section 13252(b)(2) of this title, including the

applicable percentage requirements and dates, should be modified

under this section. The Secretary shall publish in the Federal

provide an opportunity for public comment.

(b) Modification of goals

If, after analysis of information obtained in connection with

carrying out subsection (a) of this section or section 13252 of

this title, or other information, and taking into account the

determination of technical and economic feasibility made under

section 13252(b)(2) of this title, the Secretary determines that

goals described in section 13252(b)(2) of this title, including the

percentage requirements or dates, are not achievable, the

Secretary, in consultation with appropriate Federal agencies,

shall, by rule, establish goals that are achievable, for purposes

of this subchapter. The modification of goals under this section

may include changing the target dates specified in section

13252(b)(2) of this title.

If the Secretary determines that the achievement of goals

described in section 13252(b)(2) of this title would result in a

significant and correctable failure to meet the program goals

described in section 13252(a) of this title, the Secretary shall

issue such additional regulations as are necessary to remedy such

failure. The Secretary shall have no authority under this Act to

mandate the production of alternative fueled vehicles or to

specify, as applicable, the models, lines, or types of, or

marketing or pricing practices, policies, or strategies for,

vehicles subject to this Act. Nothing in this Act shall be

construed to give the Secretary authority to mandate marketing or

pricing practices, policies, or strategies for alternative fuels or

to mandate the production or delivery of such fuels.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 504, Oct. 24, 1992, 106 Stat.

2890.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13255, 13256, 13257 of

this title.

-End-

-CITE-

42 USC Sec. 13255 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13255. Voluntary supply commitments

-STATUTE-

The Secretary shall, by January 1, 1994, and thereafter,

undertake to obtain voluntary commitments in geographically diverse

regions of the United States -

(1) from fuel suppliers to make available to the public

replacement fuels, including providing for the construction or

availability of related fuel delivery systems;

(2) from owners of 10 or more motor vehicles to acquire and use

alternative fueled vehicles and alternative fuels; and

(3) from suppliers of alternative fueled vehicles to make

available to the public alternative fueled vehicles and to ensure

the availability of necessary related services,

in sufficient volume to achieve the goals described in section

13252(b)(2) of this title or as modified under section 13254 of

this title, and in order to meet any fleet requirement program

established by rule under this subchapter. The Secretary shall

periodically report to the Congress on the results of efforts under

this section. All voluntary commitments obtained pursuant to this

section shall be available to the public, except to the extent

provided in applicable provisions of law protecting the

confidentiality of trade secrets and business and financial

information, including section 1905 of title 18.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 505, Oct. 24, 1992, 106 Stat.

2890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13257 of this title.

-End-

-CITE-

42 USC Sec. 13256 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13256. Technical and policy analysis

-STATUTE-

(a) Requirement

Not later than March 1, 1995, and March 1, 1997, the Secretary

shall prepare and transmit to the President and the Congress a

technical and policy analysis under this section. The Secretary

shall utilize the analytical capability and authorities of the

Energy Information Administration and such other offices of the

Department of Energy as the Secretary considers appropriate.

(b) Purposes

The technical and policy analysis prepared under this section

shall be based on the best available data and information

obtainable by the Secretary under section 13253 of this title, or

otherwise, and on experience under this subchapter and other

provisions of law in the development and use of replacement fuels

and alternative fueled vehicles, and shall evaluate -

(1) progress made in achieving the goals described in section

13252(b)(2) of this title, as modified under section 13254 of

this title;

(2) the actual and potential role of replacement fuels and

alternative fueled vehicles in significantly reducing United

States reliance on imported oil to the extent of the goals

referred to in paragraph (1); and

(3) the actual and potential availability of various domestic

replacement fuels and dedicated vehicles and dual fueled

vehicles.

The Secretary shall publish a proposed version of each analysis

under this section in the Federal Register for public comment

before transmittal to the President and the Congress. Public

comment received in response to such publication shall be preserved

for use in rulemaking proceedings under section 13257 of this

title.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 506, Oct. 24, 1992, 106 Stat.

2891.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13257 of this title.

-End-

-CITE-

42 USC Sec. 13257 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13257. Fleet requirement program

-STATUTE-

(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 13251 of this title, shall be alternative

fueled vehicles:

(A) 20 percent of the motor vehicles acquired in model years

1999, 2000, and 2001;

(B) 30 percent of the motor vehicles acquired in model year

2002;

2003;

(D) 50 percent of the motor vehicles acquired in model year

2004;

(E) 60 percent of the motor vehicles acquired in model year

2005; and

(F) 70 percent of the motor vehicles acquired in model year

2006 and thereafter.

(2) The Secretary may not establish percentage requirements

higher than those described in paragraph (1). The Secretary may, if

appropriate, and pursuant to a rule under subsection (b) of this

section, establish a lesser percentage requirement for any model

year. The Secretary may, by rule, establish a date later than 1998

(or model year 1999) for initiating the fleet requirements under

paragraph (1).

(3) The Secretary shall publish an advance notice of proposed

rulemaking for the purpose of -

(A) evaluating the progress toward achieving the goals of

replacement fuel use described in section 13252(b)(2) of this

title, as modified under section 13254 of this title;

(B) identifying the problems associated with achieving those

goals;

and

(D) considering all actions needed to achieve those goals.

The Secretary shall provide for at least 3 regional hearings on the

advance notice of proposed rulemaking, with respect to which

official transcripts shall be maintained. The comment period in

connection with such advance notice of proposed rulemaking shall be

completed within 7 months after publication of the advance notice.

(4) After the completion of such advance notice of proposed

rulemaking, the Secretary shall publish in the Federal Register a

proposed rule for the rule required under subsection (b) of this

section, and shall provide for a public comment period, with

hearings, of not less than 90 days.

(b) Early rulemaking

(1) Not earlier than 1 year after October 24, 1992, and after

carrying out the requirements of subsection (a) of this section,

the Secretary shall initiate a rulemaking to determine whether a

fleet requirement program to begin in calendar year 1998 (when

model year 1999 begins), or such other later date as he may select

pursuant to subsection (a) of this section, is necessary under this

section. Such rule, consistent with subsection (a)(1) of this

section, shall establish the annual applicable model year

percentage. No rule under this subsection may be promulgated after

December 15, 1996, and be enforceable. A fleet requirement program

shall be considered necessary and a rule therefor shall be

promulgated if the Secretary finds that -

(A) the goal of replacement fuel use described in section

13252(b)(2)(B) of this title, as modified under section 13254 of

this title, is not expected to be actually achieved by 2010, or

such other date as is established under section 13254 of this

title, by voluntary means or pursuant to this subchapter or any

other law without such a fleet requirement program, taking into

consideration the status of the achievement of the interim goal

described in section 13252(b)(2)(A) of this title, as modified

under section 13254 of this title;

(B) such goal is practicable and actually achievable within

periods specified in section 13252(b)(2) of this title, as

modified under section 13254 of this title, through

implementation of such a fleet requirement program in combination

with voluntary means and the application of other programs

relevant to achieving such goals; and

by the Secretary in such rule for initiating a fleet requirement

program -

(i) there exists sufficient evidence to ensure that the fuel

and the needed infrastructure, including the supply and

deliverability systems, will be installed and located at

convenient places in the fleet areas subject to the rule and

will be fully operational when the rule is effective to offer a

reliable and timely supply of the applicable alternative fuel

at reasonable costs (as compared to conventional fuels) to meet

the fleet requirement program, as demonstrated through use of

the provisions of section 13255(1) of this title regarding

voluntary commitments or other adequate, reliable, and

convincing forms of agreements, arrangements, or

representations that such fuels and infrastructure are in

existence or will exist when the rule is effective and will be

expanded as the percentages increase annually;

(ii) there will be a sufficient number of new alternative

fueled vehicles from original equipment manufacturers that

comply with all applicable requirements of the Clean Air Act

[42 U.S.C. 7401 et seq.] and chapter 301 of title 49;

(iii) such new vehicles will meet the applicable non-Federal

and non-State fleet performance requirements of such fleets

(including range, passenger or cargo-carrying capacity,

reliability, refueling capability, vehicle mix, and economical

operation and maintenance); and

(iv) establishment of a fleet requirement program by rule

under this subsection will not result in unfair competitive

advantages or disadvantages, or result in undue economic

hardship, to the affected fleets.

(2) The Secretary shall not promulgate a rule under this

subsection if he is unable to make affirmative findings in the

case of each of the subparagraphs under paragraph (1), and each

of the clauses under subparagraph (C) of paragraph (1).

(3) If the Secretary does not determine that such program is

necessary under this subsection, the provisions of subsection (e)

of this section shall apply to the consideration in the future of

any fleet requirement program. The record of this rulemaking,

including the Secretary's findings, shall be incorporated into a

rulemaking under that subsection. If the Secretary determines

under this subsection that such program is necessary, the

Secretary shall not initiate the later rulemaking under

subsection (e) of this section.

Not later than April 1, 1998, the Secretary shall publish an

advance notice of proposed rulemaking for the purpose of -

(1) evaluating the progress toward achieving the goals of

replacement fuel use described in section 13252(b)(2) of this

title, as modified under section 13254 of this title;

(2) identifying the problems associated with achieving those

goals;

(3) assessing the adequacy and practicability of those goals;

and

(4) considering all actions needed to achieve those goals.

The Secretary shall provide for at least 3 regional hearings on the

advance notice of proposed rulemaking, with respect to which

official transcripts shall be maintained. The comment period in

connection with such advance notice of proposed rulemaking shall be

completed within 7 months after publication of the advance notice.

(d) Proposed rule

Before May 1, 1999, the Secretary shall publish in the Federal

of this section, and shall provide for a public comment period,

with hearings, of not less than 90 days.

(e) Determination

(1) Not later than January 1, 2000, the Secretary shall, through

the rule required under subsection (g) of this section, determine

whether a fleet requirement program is necessary under this

section. Such a program shall be considered necessary and a rule

therefor shall be promulgated if the Secretary finds that -

(A) the goal of replacement fuel use described in section

13252(b)(2)(B) of this title, as modified under section 13254 of

this title, is not expected to be actually achieved by 2010, or

such other date as is established under section 13254 of this

title, by voluntary means or pursuant to this subchapter or any

other law without such a fleet requirement program, taking into

consideration the status of the achievement of the interim goal

described in section 13252(b)(2)(A) of this title, as modified

under section 13254 of this title; and

(B) such goal is practicable and actually achievable within

periods specified in section 13252(b)(2) of this title, as

modified under section 13254 of this title, through

implementation of such a fleet requirement program in combination

with voluntary means and the application of other programs

relevant to achieving such goals.

(2) The rule under subsection (b) or (g) of this section shall

also modify the goal described in section 13252(b)(2)(B) of this

title and establish a revised goal pursuant to section 13254 of

this title if the Secretary determines, based on the proceeding

required under subsection (a) or (c) of this section, that the goal

in effect at the time of that proceeding is inadequate or

impracticable, and not expected to be achievable. Such goal as

modified and established shall be applicable in making the findings

described in paragraph (1). If the Secretary modifies the goal

under this paragraph, he may also modify the percentages stated in

subsection (a)(1) or (g)(1) of this section and the minimum

percentage stated in subsection (a)(2) or (g)(2) of this section

shall be not less than 10 percent.

(f) Explanation of determination that fleet requirement program is

not necessary

If the Secretary determines, based on findings under subsection

(b) or (e) of this section, that a fleet requirement program under

this section is not necessary, the Secretary shall -

(1) by December 15, 1996, with respect to a rulemaking under

subsection (b) of this section; and

(2) by January 1, 2000, with respect to a rulemaking under

subsection (e) of this section,

publish such determination in the Federal Register as a final

agency action, including an explanation of the findings on which

such determination is made and the basis for the determination.

(g) Fleet requirement program

(1) If the Secretary determines under subsection (e) of this

section 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 13251 of this title -

(A) 20 percent of the motor vehicles acquired in model year

2002;

(B) 40 percent of the motor vehicles acquired in model year

2003;

2004; and

(D) 70 percent of the motor vehicles acquired in model year

2005 and thereafter,

shall be alternative fueled vehicles.

(2) The Secretary may not establish percentage requirements

higher than those described in paragraph (1). The Secretary may, if

appropriate, and pursuant to a rule under subsection (g) of this

section, establish a lesser percentage requirement for any model

year. The Secretary may, by rule, establish a date later than 2002

(when model year 2003 begins) for initiating the fleet requirements

under paragraph (1).

(3) Nothing in this subchapter shall be construed as requiring

any fleet to acquire alternative fueled vehicles or alternative

fuels that do not meet the normal business requirements and

practices and needs of that fleet.

(4) A vehicle operating only on gasoline that complies with

applicable requirements of the Clean Air Act [42 U.S.C. 7401 et

seq.] shall not be considered an alternative fueled vehicle under

subsection (b) of this section or this subsection, except that the

Secretary, as part of the rule under subsection (b) of this section

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 [42 U.S.C. 7581 et seq.], taking into consideration the impact

on energy security and the goals stated in section 13252(a) of this

title.

(h) Extension of deadlines

The Secretary may, by notice published in the Federal Register,

extend the deadlines established under subsections (e), (f)(2), and

(g) of this section for an additional 90 days if the Secretary is

unable to meet such deadlines. Such extension shall not be

reviewable.

(i) Exemptions

(1) A rule issued under subsection (b), (g), or (o) of this

section shall provide for the prompt exemption by the Secretary,

through a simple and reasonable process, of any fleet from the

requirements of subsection (b), (g), or (o) of this section, in

whole or in part, if it is demonstrated to the satisfaction of the

Secretary that -

(A) alternative fueled vehicles that meet the normal

requirements and practices of the principal business of the fleet

owner are not reasonably available for acquisition;

(B) alternative fuels that meet the normal requirements and

practices of the principal business of the fleet owner are not

available in the area in which the vehicles are to be operated;

application of such requirements would pose an unreasonable

financial hardship.

(2) In the case of private fleets, if the motor vehicles, when

under normal operations, are garaged at personal residences at

night, such motor vehicles shall be exempt from the requirements of

subsections (b) and (g).

(j) Conversions

Nothing in this subchapter or the amendments made by this

subchapter shall require a fleet owner to acquire conversion

vehicles.

(k) Inclusion of law enforcement vehicles and urban buses

(1) If the Secretary determines, by rule, that the inclusion of

fleets of law enforcement motor vehicles in the fleet requirement

program established under subsection (g) of this section would

contribute to achieving the goal described in section

13252(b)(2)(B) of this title, as modified under section 13254 of

this title, and the Secretary finds that such inclusion would not

hinder the use of the motor vehicles for law enforcement purposes,

the Secretary may include such fleets in such program. The

Secretary may only initiate one rulemaking under this paragraph.

(2) If the Secretary determines, by rule, that the inclusion of

new urban buses, as defined by the Administrator under title II of

the Clean Air Act [42 U.S.C. 7521 et seq.], in a fleet requirement

program established under subsection (g) of this section would

contribute to achieving the goal described in section

13252(b)(2)(B) of this title, as modified under section 13254 of

this title, the Secretary may include such urban buses in such

program, if the Secretary finds that such application will be

consistent with energy security goals and the needs and objectives

of encouraging and facilitating the greater use of such urban buses

by the public, taking into consideration the impact of such

application on public transit entities. The Secretary may only

initiate one rulemaking under this paragraph.

(3) Rulemakings under paragraph (1) or (2) shall be separate from

a rulemaking under subsection (g) of this section, but may not

occur unless a rulemaking is carried out under subsection (g) of

this section.

(l) Consideration of factors

In carrying out this section, the Secretary shall take into

consideration energy security, costs, safety, lead time

requirements, vehicle miles traveled annually, effect on greenhouse

gases, technological feasibility, energy requirements, economic

impacts, including impacts on workers and the impact on consumers

(including users of the alternative fuel for purposes such as for

residences, agriculture, process use, and non-fuel purposes) and

fleets, the availability of alternative fuels and alternative

fueled vehicles, and other relevant factors.

(m) Consultation and participation of other Federal agencies

In carrying out this section and section 13256 of this title, the

Secretary shall consult with the Secretary of Transportation, the

Administrator, and other appropriate Federal agencies. The

Secretary shall provide for the participation of the Secretary of

Transportation and the Administrator in the development and

issuance of the rule under this section, including the public

process concerning such rule.

(n) Petitions

As part of the rule promulgated either pursuant to subsection (b)

or (g) of this section, the Secretary shall establish procedures

for any fleet owner or operator or motor vehicle manufacturer to

request that the Secretary modify or suspend a fleet requirement

program established under either subsection nationally, by region,

or in an applicable fleet area because, as demonstrated by the

petitioner, the infrastructure or fuel supply or distribution

system for an applicable alternative fuel is inadequate to meet the

needs of a fleet. In the event that the Secretary determines that a

modification or suspension of the fleet requirement program on a

regional basis would detract from the nationwide character of any

fleet requirement program established by rule or would sufficiently

diminish the economies of scale for the production of alternative

fueled vehicles or alternative fuels and thereafter the

practicability and effectiveness of such program, the Secretary may

only modify or suspend the program nationally. The procedures shall

include provisions for notice and public hearings. The Secretary

shall deny or grant the petition within 180 days after filing.

(o) Mandatory State fleet programs

(1) Pursuant to a rule promulgated by the Secretary, beginning in

calendar year 1995 (when model year 1996 begins), the following

percentages of new light duty motor vehicles acquired annually for

State government fleets, including agencies thereof, but not

municipal fleets, shall be alternative fueled vehicles:

(A) 10 percent of the motor vehicles acquired in model year

1996;

(B) 15 percent of the motor vehicles acquired in model year

1997;

1998;

(D) 50 percent of the motor vehicles acquired in model year

1999;

(E) 75 percent of the motor vehicles acquired in model year

2000 and thereafter.

(2)(A) The Secretary shall within 18 months after October 24,

1992, promulgate a rule providing that a State may submit a plan

within 12 months after such promulgation containing a light duty

alternative fueled vehicle plan for State fleets to meet the annual

percentages established under paragraph (1) for the acquisition of

light duty motor vehicles. The plan shall provide for the voluntary

conversion or acquisition or combination thereof, beyond any

acquisition required by this subchapter, of such motor vehicles by

State, local, or private fleets, in numbers greater than or equal

to the number of State alternative fueled vehicles required

pursuant to paragraph (1).

(B) The plan, if approved by the Secretary, would be in lieu of

the State meeting such annual percentages solely through purchases

of new State-owned vehicles. All conversions or acquisitions or

combinations thereof of any alternative fueled vehicles under the

plan must be voluntary and must conform with the requirements of

section 247 of the Clean Air Act [42 U.S.C. 7587] and must comply

with applicable safety requirements. The Secretary of

Transportation shall within 3 years after enactment promulgate

rules setting forth safety standards in accordance with chapter 301

of title 49 applicable to all conversions.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 507, Oct. 24, 1992, 106 Stat.

2891.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (b)(1)(C)(ii), (g)(4),

and (k)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as

amended, which is classified generally to chapter 85 (Sec. 7401 et

seq.) of this title. Title II of the Act, known as the National

Emission Standards Act, is classified generally to subchapter II

(Sec. 7521 et seq.) of chapter 85 of this title. Part C of title II

of the Act is classified generally to part C (Sec. 7581 et seq.) of

chapter 85 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 7401 of

this title and Tables.

This subchapter, referred to in subsecs. (b)(1)(A), (e)(1)(A),

(g)(3), (j), and (o)(2)(A), was in the original "this title"

meaning title V of Pub. L. 102-486, Oct. 24, 1992, 102 Stat. 2887,

which is classified generally to this subchapter.

-COD-

CODIFICATION

In subsecs. (b)(1)(C)(ii) and (o)(2)(B), "chapter 301 of title

49" substituted for "the National Traffic and Motor Vehicle Safety

Act of 1966 [15 U.S.C. 1381 et seq.]" on authority of Pub. L.

103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13256, 13259, 13261 of

this title.

-End-

-CITE-

42 USC Sec. 13258 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13258. Credits

-STATUTE-

(a) In general

The Secretary shall allocate a credit to a fleet or covered

person that is required to acquire an alternative fueled vehicle

under this subchapter, if that fleet or person acquires an

alternative fueled vehicle in excess of the number that fleet or

person is required to acquire under this subchapter or acquires an

alternative fueled vehicle before the date that fleet or person is

required to acquire an alternative fueled vehicle under such

subchapter.

(b) Allocation

In allocating credits under subsection (a) of this section, the

Secretary shall allocate one credit for each alternative fueled

vehicle the fleet or covered person acquires that exceeds the

number of alternative fueled vehicles that fleet or person is

required to acquire under this subchapter or that is acquired

before the date that fleet or person is required to acquire an

alternative fueled vehicle under such subchapter. In the event that

a vehicle is acquired before the date otherwise required, the

Secretary shall allocate one credit per vehicle for each year the

vehicle is acquired before the required date. The credit shall be

allocated for the same type vehicle as the excess vehicle or

earlier acquired vehicle.

At the request of a fleet or covered person allocated a credit

under this section, the Secretary shall treat the credit as the

acquisition of one alternative fueled vehicle of the type for which

the credit is allocated in the year designated by that fleet or

person when determining whether that fleet or person has complied

with this subchapter in the year designated. A credit may be

counted toward compliance for only one year.

(d) Transferability

A fleet or covered person allocated a credit under this section

or to whom a credit is transferred under this section, may transfer

freely the credit to another fleet or person who is required to

comply with this subchapter. At the request of the fleet or person

to whom a credit is transferred, the Secretary shall treat the

transferred credit as the acquisition of one alternative fueled

vehicle of the type for which the credit is allocated in the year

designated by the fleet or person to whom the credit is transferred

when determining whether that fleet or person has complied with

this subchapter in the year designated. A transferred credit may be

counted toward compliance for only one year. In the case of the

alternative fuel provider program under section 13251 of this

title, a transferred credit may be counted toward compliance only

if the requirement of section 13251(a)(4) of this title is met.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 508, Oct. 24, 1992, 106 Stat.

2897.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13220 of this title.

-End-

-CITE-

42 USC Sec. 13259 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13259. Secretary's recommendations to Congress

-STATUTE-

(a) Recommendations to require availability or acquisition

If the Secretary determines, under section 13257(f) of this

title, that a fleet requirement program under section 13257 of this

title is not necessary, the Secretary shall so notify the Congress.

If the Secretary so notifies the Congress, the Secretary shall,

within 2 years after such notification and by rule, prepare and

submit to the Congress recommendations for requirements or

incentives for -

(1) fuel suppliers to make available to the public replacement

fuels, including providing for the construction or availability

of related fuel delivery systems;

(2) suppliers of alternative fueled vehicles to make available

to the public alternative fueled vehicles and to ensure the

availability of necessary related services; and

(3) motor vehicle drivers to use replacement fuels,

to the extent necessary to achieve such goals of replacement fuel

use and to ensure that the availability of alternative fuels and of

alternative fueled vehicles are consistent with each other.

(b) Fair and equitable application

In carrying out this section, the Secretary shall recommend the

imposition of requirements proportionately on all appropriate fuel

suppliers and purchasers of motor fuels and suppliers and

purchasers of motor vehicles in a fair and equitable manner.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 509, Oct. 24, 1992, 106 Stat.

2898.)

-End-

-CITE-

42 USC Sec. 13260 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13260. Effect on other laws

-STATUTE-

(a) In general

Nothing in this Act or the amendments made by this Act shall be

construed to alter, affect, or modify the provisions of the Clean

Air Act [42 U.S.C. 7401 et seq.], or regulations issued thereunder.

(b) Compliance by alternative fueled vehicles

Alternative fueled vehicles, whether dedicated vehicles or dual

fueled vehicles, and the alternative fuels for operating such

vehicles, shall comply with requirements of the Clean Air Act [42

U.S.C. 7401 et seq.] applicable to such vehicles and fuels.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 510, Oct. 24, 1992, 106 Stat.

2898.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-486, Oct. 24, 1992,

106 Stat. 2776, known as the Energy Policy Act of 1992. For

complete classification of this Act to the Code, see Short Title

note set out under section 13201 of this title and Tables.

The Clean Air Act, referred to in text, is act July 14, 1955, ch.

360, 69 Stat. 322, as amended, which is classified generally to

chapter 85 (Sec. 7401 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 7401 of this title and Tables.

-End-

-CITE-

42 USC Sec. 13261 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13261. Prohibited acts

-STATUTE-

It shall be unlawful for any person to violate any provision of

section 13251, 13253(b), or 13257 of this title, or any regulation

issued under such sections.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 511, Oct. 24, 1992, 106 Stat.

2899.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13262 of this title.

-End-

-CITE-

42 USC Sec. 13262 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13262. Enforcement

-STATUTE-

(a) Violation

Whoever violates section 13261 of this title shall be subject to

a civil penalty of not more than $5,000 for each violation.

(b) Willful violation

Whoever willfully violates section 13261 of this title shall be

fined not more than $10,000 for each violation.

penalty

Any person who knowingly and willfully violates section 13261 of

this title after having been subjected to a civil penalty for a

prior violation of section 13261 of this title shall be fined not

more than $50,000.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 512, Oct. 24, 1992, 106 Stat.

2899.)

-End-

-CITE-

42 USC Sec. 13263 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13263. Powers of Secretary

-STATUTE-

For the purpose of carrying out subchapter I of this chapter,

subchapter II of this chapter, this subchapter, and subchapter IV

of this chapter, the Secretary, or the duly designated agent of the

Secretary, may hold such hearings, take such testimony, sit and act

at such times and places, administer such oaths, and require, by

subpena, the attendance and testimony of such witnesses and the

production of such books, papers, correspondence, memorandums,

contracts, agreements, or other records as the Secretary of

Transportation is authorized to do under section 32910(a)(1) of

title 49.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 513, Oct. 24, 1992, 106 Stat.

2899.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter I of this chapter, referred to in text, was in the

original "title III" meaning title III of Pub. L. 102-486, Oct. 24,

1992, 106 Stat. 2866, which enacted subchapter I of this chapter,

amended section 6374 of this title, and repealed provisions set out

as a note under section 6374 of this title.

Subchapter II of this chapter, referred to in text, was in the

original "title IV" meaning title IV of Pub. L. 102-486, Oct. 24,

1992, 106 Stat. 2875, which enacted subchapter II of this chapter,

amended sections 6374a to 6374c of this title and sections 717,

717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade,

enacted provisions set out as notes under sections 79b and 717 of

Title 15, and repealed provisions set out as a note under section

717c of Title 15.

-COD-

CODIFICATION

In text, "section 32910(a)(1) of title 49" substituted for

"section 505(b)(1) of the Motor Vehicle Information and Cost

Savings Act (15 U.S.C. 2005(b)(1))" on authority of Pub. L.

103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-End-

-CITE-

42 USC Sec. 13264 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,

ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE

VEHICLES

-HEAD-

Sec. 13264. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

carrying out this subchapter $10,000,000 for each of the fiscal

years 1993 through 1997, and such sums as may be necessary for

fiscal years 1998 through 2000.

-SOURCE-

(Pub. L. 102-486, title V, Sec. 514, Oct. 24, 1992, 106 Stat.

2899.)

-End-

-CITE-

42 USC SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

-HEAD-

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 13263 of this title.

-End-

-CITE-

42 USC Sec. 13271 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

-HEAD-

Sec. 13271. Definitions

-STATUTE-

For the purposes of this subchapter -

(1) the term "antitrust laws" means the Acts set forth in

section 12 of title 15;

(2) the term "associated equipment" means equipment necessary

for the regeneration, refueling, or recharging of batteries or

other forms of electric energy used to power an electric motor

vehicle and, in the case of electric-hybrid vehicles, such term

includes nonpetroleum-related equipment necessary for, and solely

related to, the demonstration of such vehicles;

(3) the term "discount payment" means the amount determined

pursuant to section 13283 of this title;

(4) the term "electric motor vehicle" means a motor vehicle

primarily powered by an electric motor that draws current from

rechargeable storage batteries, fuel cells, photovoltaic arrays,

or other sources of electric current and may include an

electric-hybrid vehicle;

(5) the term "electric-hybrid vehicle" means a vehicle

primarily powered by an electric motor that draws current from

rechargeable storage batteries, fuel cells, or other source of

electric current and also relies on a non-electric source of

power;

(6) the term "eligible metropolitan area" means any

Metropolitan Area (as such term is defined by the Office of

Management and Budget pursuant to section 3504 of title 44) with

a 1980 population of 250,000 or more that has been designated by

a proposer and the Secretary for a demonstration project under

this subchapter, except that the Secretary may designate an area

with a 1990 population of 50,000 or more as an eligible

metropolitan area;

(7) the term "infrastructure and support systems" includes

support and maintenance services and facilities, electricity

delivery mechanisms and methods, regulatory treatment of

investment in electric motor vehicles and associated equipment,

consumer education programs, safety and health procedures, and

battery availability, replacement, recycling, and disposal, that

may be required to enable electric utilities, manufacturers, and

others to support the operation and maintenance of electric motor

vehicles and associated equipment;

(8) the term "motor vehicle" has the meaning given such term

under section 7550(2) of this title;

(9) the term "non-Federal person" means an entity not part of

the Federal Government that is either -

(A) organized under the laws of the United States or the laws

of a State of the United States; or

(B) a unit of State or local government;

(10) the term "proposer" means a non-Federal person that

submits a proposal to conduct a demonstration project under this

subchapter;

(11) the term "price differential" means -

(A) in the case of a purchased electric motor vehicle, the

difference between the manufacturer's suggested retail price of

such electric motor vehicle and the manufacturer's suggested

retail price of a comparable conventionally fueled motor

vehicle; and

(B) in the case of a leased electric motor vehicle, the

difference between the monthly lease payment of such electric

motor vehicle over the life of the lease and the monthly lease

payment of a comparable conventionally fueled motor vehicle

over the life of the lease; and

(12) the term "user" means a person or entity that purchases or

leases an electric motor vehicle.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 601, Oct. 24, 1992, 106 Stat.

2899.)

-End-

-CITE-

42 USC Part A - Electric Motor Vehicle Commercial

Demonstration Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

PART A - ELECTRIC MOTOR VEHICLE COMMERCIAL DEMONSTRATION PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 13291 of this title.

-End-

-CITE-

42 USC Sec. 13281 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13281. Program and solicitation

-STATUTE-

(a) Program

The Secretary shall conduct a program to demonstrate electric

motor vehicles and the associated equipment of such vehicles, in

consultation with the Electric and Hybrid Vehicle Program Site

Operators, manufacturers, the electric utility industry, and such

other persons as the Secretary considers appropriate. Such program

shall be -

(1) designed to accelerate the development and use of electric

motor vehicles; and

(2) structured to evaluate the performance of such electric

motor vehicles in field operation, including fleet operation, and

evaluate the necessary supporting infrastructure.

(b) Solicitation

(1) Not later than 18 months after October 24, 1992, the

Secretary shall solicit proposals to demonstrate electric motor

vehicles and associated equipment in one or more eligible

metropolitan areas. The Secretary may make additional solicitations

for proposals if the Secretary determines that such solicitations

are necessary to carry out this part.

(2)(A) Solicitations for proposals under this subsection shall

require the proposer to include a description, including the

manufacturer or manufacturers of the electric motor vehicles; the

proposed users of the electric motor vehicles; the eligible

metropolitan area or areas involved; the number of electric motor

vehicles to be demonstrated and their type, characteristics, and

life-cycle costs; the price differential; the proposed discount

payment; the contributions of State or local governments and other

persons to the demonstration project; the type of associated

equipment to be demonstrated; the domestic content of the electric

motor vehicles and associated equipment; and any other information

the Secretary considers appropriate.

(B) If the proposal includes a lease arrangement, the proposal

shall indicate the terms of such lease arrangement for the electric

motor vehicles or associated equipment.

(3) The solicitation for proposals under this subsection shall

establish a closing date for receipt of proposals. The Secretary

may, if necessary, extend the closing date for receipt of proposals

for a period not to exceed 90 days.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 611, Oct. 24, 1992, 106 Stat.

2900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13282 of this title.

-End-

-CITE-

42 USC Sec. 13282 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13282. Selection of proposals

-STATUTE-

(a) Selection

(1) The Secretary, in consultation with the Secretary of

Transportation, the Secretary of Commerce, and the Administrator of

the Environmental Protection Agency, shall, not later than 120 days

after the closing date, as established by the Secretary, for

receipt of proposals under section 13281 of this title, select at

least one, but not more than 10, proposals to receive financial

assistance under section 13283 of this title.

(2) The Secretary may select more than 10 proposals under this

section, if the Secretary determines that the total amount of

available funds is not likely to be otherwise utilized.

(3) Any proposal selected under paragraph (1) must satisfy the

limitations set forth in section 13283(c) of this title.

(4) No one project selected under this section shall receive more

than 25 percent of the funds authorized under section 13286 of this

title.

(5) A demonstration project may not include electric motor

vehicles in more than one eligible metropolitan area, unless the

total number of electric motor vehicles in that project is equal

to, or greater than, 100.

(b) Criteria

In selecting a proposal and in negotiating financial assistance

under this section, the Secretary shall consider -

(1) the ability of the manufacturer, directly, indirectly, or

in combination with the proposer, to develop, assist in the

demonstration of, manufacture, distribute, sell, provide

warranties for, service, and ensure the continued availability of

parts for, electric motor vehicles in the demonstration project;

(2) the geographic and climatic diversity of the eligible

metropolitan area or areas in which the demonstration project is

to be undertaken, when considered in combination with other

proposals and other selected demonstration projects;

(3) the long-term technical and competitive viability of the

electric motor vehicles;

(4) the suitability of the electric motor vehicles for their

intended uses;

(5) the environmental effects of the use of the proposed

electric motor vehicles;

(6) the price differential and the proposed discount payment;

(7) the extent of involvement of State or local government and

other persons in the demonstration project, and whether such

involvement will -

(A) permit a reduction of the Federal cost share per vehicle;

(B) otherwise be used to allow the Federal contribution to be

provided for a greater number of electric motor vehicles;

(8) the proportion of domestic content of the electric motor

vehicles and associated equipment;

(9) the safety of the electric motor vehicles; and

(10) such other criteria as the Secretary considers

appropriate.

The Secretary shall require that -

(1) as a part of a demonstration project, the user or users of

the electric motor vehicles will provide to the proposer and the

manufacturer information regarding the operation, maintenance,

performance, and use of the electric motor vehicles for 5 years

after the beginning of the demonstration project;

(2) the proposer shall provide to the Secretary such

information regarding the operation, maintenance, performance,

and use of the electric motor vehicles as the Secretary may

request during the period of the demonstration project;

(3) in the case of a demonstration project including

automobiles or light duty trucks, the number of electric motor

vehicles to be included in the demonstration project shall be no

less than 50, except that the Secretary may select a

demonstration project with fewer than 50 electric motor vehicles

if the Secretary determines that selection of such a proposal

will ensure that there is geographic or climatic diversity among

the proposals selected and that an adequate demonstration to

accelerate the development and use of electric motor vehicles can

be undertaken with fewer than 50 electric motor vehicles; and

(4) the procurement practices of the manufacturer do not

discriminate against United States producers of vehicle parts.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 612, Oct. 24, 1992, 106 Stat.

2901.)

-End-

-CITE-

42 USC Sec. 13283 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13283. Discount payments

-STATUTE-

(a) Certification

The Secretary shall provide a discount payment to a proposer of a

proposal selected under this part for purposes of reimbursing the

proposer for a discount provided to the users if the proposer

certifies to the Secretary that -

(1) the electric motor vehicles have been purchased or leased

by a user or users in accordance with the requirements of this

part; and

(2) the proposer has provided to the user or users a discount

payment in accordance with the requirements of this part.

(b) Payment

Not later than 30 days after receipt from the proposer of

certification that the Secretary determines satisfies the

requirements of subsection (a) of this section, the Secretary shall

pay to the proposer the full amount of the discount payment, to the

extent provided in advance in appropriations Acts.

(1) The discount payment shall be no greater than -

(A) the price differential; or

(B) the price of the comparable conventionally fueled motor

vehicle.

(2) The purchase price of the electric motor vehicle, less the

discount payment and less any additional reduction in the purchase

price of the electric motor vehicle that may result from

contributions provided by other parties, may not be less than the

manufacturer's suggested retail price of a comparable

conventionally fueled motor vehicle.

(3) The maximum discount payment shall be no greater than $10,000

per electric motor vehicle.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 613, Oct. 24, 1992, 106 Stat.

2902.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13271, 13282 of this

title.

-End-

-CITE-

42 USC Sec. 13284 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13284. Cost-sharing

-STATUTE-

(a) Requirement

The Secretary shall require at least 50 percent of the costs

directly and specifically related to any project under this part to

be from non-Federal sources. Such share may be in the form of cash,

personnel, services, equipment, and other resources.

(b) Reduction

The Secretary may reduce the amount of costs required to be

provided by non-Federal sources under subsection (a) of this

section if the Secretary determines that the reduction is necessary

and appropriate -

(1) considering the technological risks involved in the

project; and

(2) in order to meet the objectives of this part.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 614, Oct. 24, 1992, 106 Stat.

2903.)

-End-

-CITE-

42 USC Sec. 13285 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13285. Reports to Congress

-STATUTE-

(a) Progress reports

The Secretary shall report annually to Congress on the progress

being made, through demonstration projects supported under this

part, to accelerate the development and use of electric motor

vehicles.

(b) Report on encouraging purchase and use of electric motor

vehicles

Within 18 months after October 24, 1992, the Secretary shall

submit to the Congress a report on methods for encouraging the

purchase and use of electric motor vehicles. Such report shall -

(1) address the potential cost of purchasing and maintaining

electric motor vehicles, including the initial cost of the

batteries and the cost of replacement batteries;

(2) identify methods for reducing, subsidizing, or sharing such

costs; and

(3) include recommendations for legislative and administrative

measures to encourage the purchase and use of electric motor

vehicles.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 615, Oct. 24, 1992, 106 Stat.

2903.)

-End-

-CITE-

42 USC Sec. 13286 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-

Sec. 13286. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

purposes of this part $50,000,000 for the 10-year period beginning

with the first full fiscal year after October 24, 1992, to remain

available until expended.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 616, Oct. 24, 1992, 106 Stat.

2903.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13282 of this title.

-End-

-CITE-

42 USC Part B - Electric Motor Vehicle Infrastructure and 01/06/03

Support Systems Development Program

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

PART B - ELECTRIC MOTOR VEHICLE INFRASTRUCTURE AND SUPPORT SYSTEMS

DEVELOPMENT PROGRAM

-End-

-CITE-

42 USC Sec. 13291 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13291. General authority

-STATUTE-

(a) Program

The Secretary shall undertake a program with one or more

non-Federal persons, including fleet operators, for cost-shared

research, development, demonstration, or commercial application of

an infrastructure and support systems program.

(b) Eligibility

A non-Federal person shall be eligible to receive financial

assistance under this part only if such person demonstrates, to the

satisfaction of the Secretary, that the person will conduct a

substantial portion of activities under the project in the United

States using domestic labor and materials.

Activities under this part shall be coordinated with activities

under part A of this subchapter.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 621, Oct. 24, 1992, 106 Stat.

2904.)

-End-

-CITE-

42 USC Sec. 13292 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13292. Proposals

-STATUTE-

(a) Solicitation

Not later than one year after October 24, 1992, the Secretary

shall solicit proposals from non-Federal persons, including fleet

operators, for projects under this part. Within 240 days after

proposals have been solicited, the Secretary shall select

proposals.

(b) Criteria

(1) The Secretary shall provide financial assistance to no more

than 10 projects under this part, unless the Secretary determines

that the total amount of available funds is not likely to be

otherwise used.

(2) The proposals selected by the Secretary shall, to the extent

practicable, represent geographically and climatically diverse

regions of the United States.

(3) The aggregate Federal financial assistance for each project

under this part may not exceed $4,000,000.

The infrastructure and support systems programs for which

projects are selected under this part may address -

(1) the ability to service electric motor vehicles and to

provide or service associated equipment;

(2) the installation of charging facilities;

(3) rates and cost recovery for electric utilities who invest

in infrastructure capital-related expenditures;

(4) the development of safety and health procedures and

guidelines related to battery charging, watering, and emissions;

(5) the conduct of information dissemination programs; and

(6) such other subjects as the Secretary considers necessary in

order to address the infrastructure and support systems needed to

support the development and use of energy storage technologies,

including advanced batteries, and the demonstration of electric

motor vehicles.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 622, Oct. 24, 1992, 106 Stat.

2904.)

-End-

-CITE-

42 USC Sec. 13293 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13293. Protection of proprietary information

-STATUTE-

(a) In general

In the case of activities, including joint venture activities,

under this subchapter, and in the case of any existing or future

activities, including joint venture activities, related primarily

to battery technology for electric motor vehicles under other

provisions of law, where the knowledge resulting from research and

development activities conducted pursuant to such activities,

including joint venture activities, is for the benefit of the

participants (particularly domestic companies) that provide

financial resources to a project under this subchapter, the

Secretary, for a period of up to 5 years after the development of

information that -

(1) results from research and development activities conducted

under this subchapter; and

(2) would be a trade secret or commercial or financial

information that is privileged or confidential if the information

had been obtained from a participant,

shall, notwithstanding any other provision of law, provide

appropriate protections against the dissemination of such

information to the public, and the provisions of section 1905 of

title 18 shall apply to such information. Nothing in this

subsection provides protections against the dissemination of such

information to Congress.

(b) "Domestic companies" defined

For purposes of subsection (a) of this section, the term

"domestic companies" means entities which are substantially

involved in the United States in the domestic production of motor

vehicles for sale in the United States and have a substantial

percentage of their production facilities in the United States.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 623, Oct. 24, 1992, 106 Stat.

2904.)

-End-

-CITE-

42 USC Sec. 13294 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13294. Compliance with existing law

-STATUTE-

Nothing in this subchapter shall be deemed to convey to any

person, partnership, corporation, or other entity, immunity from

civil or criminal liability under any antitrust law or to create

defenses to actions under any antitrust law.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 624, Oct. 24, 1992, 106 Stat.

2905.)

-End-

-CITE-

42 USC Sec. 13295 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13295. Repealed. Pub. L. 105-362, title IV, Sec. 401(b), Nov.

10, 1998, 112 Stat. 3282

-MISC1-

Section, Pub. L. 102-486, title VI, Sec. 625, Oct. 24, 1992, 106

Stat. 2905, related to electric utility participation study.

-End-

-CITE-

42 USC Sec. 13296 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

Part B - Electric Motor Vehicle Infrastructure and Support Systems

Development Program

-HEAD-

Sec. 13296. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

purposes of this part $40,000,000 for the 5-year period beginning

with the first full fiscal year after October 24, 1992, to remain

available until expended.

-SOURCE-

(Pub. L. 102-486, title VI, Sec. 626, Oct. 24, 1992, 106 Stat.

2905.)

-End-

-CITE-

42 USC SUBCHAPTER V - RENEWABLE ENERGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

SUBCHAPTER V - RENEWABLE ENERGY

-End-

-CITE-

42 USC Sec. 13311 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13311. Purposes

-STATUTE-

The purposes of this subchapter are to promote -

(1) increases in the production and utilization of energy from

renewable energy resources;

(2) further advances of renewable energy technologies; and

(3) exports of United States renewable energy technologies and

services.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1201, Oct. 24, 1992, 106 Stat.

2956.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title" meaning title XII of Pub. L. 102-486, Oct. 24, 1992, 106

Stat. 2956, which enacted this subchapter and amended sections

6276, 12001 to 12003, 12005, and 12006 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13316 of this title.

-End-

-CITE-

42 USC Sec. 13312 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13312. Renewable energy export technology training

-STATUTE-

(a) Establishment of program

The Secretary, through the Agency for International Development,

shall establish a program for the training of individuals from

developing countries in the operation and maintenance of renewable

energy and energy efficiency technologies in accordance with this

section. The Secretary and the Administrator of the Agency for

International Development shall, within one year after October 24,

1992, enter into a written agreement to carry out this program.

(b) Purpose

The purpose of the program established under this section shall

be to train appropriate persons in the system design, operation,

and maintenance of renewable energy and energy efficiency equipment

manufactured in the United States, including equipment for water

pumping, heating and purification, and the production of electric

power in remote areas.

There are authorized to be appropriated to the Secretary

$6,000,000 for each of the fiscal years 1994, 1995, and 1996, to

carry out this section.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1203, Oct. 24, 1992, 106 Stat.

2961.)

-End-

-CITE-

42 USC Sec. 13313 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13313. Renewable Energy Advancement Awards

-STATUTE-

(a) Authority

The Secretary shall make Renewable Energy Advancement Awards in

recognition of developments that advance the practical application

of biomass, geothermal, hydroelectric, photovoltaic, solar thermal,

ocean thermal, and wind technologies to consumer, utility, or

industrial uses, in accordance with this section. Except as

provided in subsection (f) of this section, Renewable Energy

Advancement Awards shall include a cash award.

(b) Selection criteria

The Secretary, in consultation with the Advisory Committee on

Demonstration and Commercial Application of Renewable Energy and

Energy Efficiency Technologies (in this section referred to as the

"Advisory Committee"), under section 12005 of this title, shall

develop criteria to be applied in the selection of award recipients

under this section. Such criteria shall include the following:

(1) The degree to which the technological development increases

the utilization of renewable energy.

(2) The degree to which the development will have a significant

impact, by benefitting a large number of people, by reducing the

costs of an important industrial process or commercial product or

service, or otherwise.

(3) The ingenuity of the development.

(4) Whether the application has significant export potential.

(5) The environmental soundness of the development.

Beginning in fiscal year 1994, and annually thereafter for a

period of 10 years, the Secretary, in consultation with the

Advisory Committee, shall select developments described in

subsection (a) of this section that are worthy of receiving an

award under this section, and shall make such awards.

(d) Eligibility

Awards may be made under this section only to individuals who are

United States nationals or permanent resident aliens, or to

non-Federal organizations that are organized under the laws of the

United States or the laws of a State of the United States.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary $50,000

for each of the fiscal years 1994, 1995, and 1996 for carrying out

this section.

(f) Awards made in absence of appropriations

The Secretary shall make honorary awards under this section if

sufficient funds are not available for financial awards in any

fiscal year.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1204, Oct. 24, 1992, 106 Stat.

2961.)

-End-

-CITE-

42 USC Sec. 13314 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13314. Study of tax and rate treatment of renewable energy

projects

-STATUTE-

(a) The Secretary, in conjunction with State regulatory

commissions, shall undertake a study to determine if conventional

taxation and ratemaking procedures result in economic barriers to

or incentives for renewable energy power plants compared to

conventional power plants.

(b) Within 1 year after October 24, 1992, the Secretary shall

submit a report to the Congress on the results of the study

undertaken under subsection (a) of this section.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1205, Oct. 24, 1992, 106 Stat.

2962.)

-End-

-CITE-

42 USC Sec. 13315 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13315. Data system and energy technology evaluation

-STATUTE-

The Secretary of Commerce, in his or her role as a member of the

interagency working group established under section 6276 of this

title, shall -

(1) develop a comprehensive data base and information

dissemination system, using the National Trade Data Bank and the

Commercial Information Management System of the Department of

Commerce, that will provide information on the specific energy

technology needs of foreign countries, and the technical and

economic competitiveness of various renewable energy and energy

efficiency products and technologies;

(2) make such information available to industry, Federal and

multilateral lending agencies, nongovernmental organizations,

host-country and donor-agency officials, and such others as the

Secretary of Commerce considers necessary; and

(3) prepare and transmit to the Congress not later than June 1,

1993, and biennially thereafter, a comprehensive report

evaluating the full range of energy and environmental

technologies necessary to meet the energy needs of foreign

countries, including -

(A) information on the specific energy needs of foreign

countries;

(B) an inventory of United States technologies and services

to meet those needs;

multilateral programs which promote United States exports of

renewable energy and energy efficiency products and

technologies; and

(D) an evaluation of current programs (and recommendations

for future programs) that develop and promote energy efficiency

and sustainable use of indigenous renewable energy resources in

foreign countries to reduce the generation of greenhouse gases.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1209, Oct. 24, 1992, 106 Stat.

2964.)

-End-

-CITE-

42 USC Sec. 13316 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13316. Innovative renewable energy technology transfer program

-STATUTE-

(a) Establishment of program

The Secretary, through the Agency for International Development,

and in consultation with the other members of the interagency

working group established under section 6276(d) of this title (in

this section referred to as the "interagency working group"), shall

establish a renewable energy technology transfer program to carry

out the purposes described in subsection (b) of this section.

Within 150 days after October 24, 1992, the Secretary and the

Administrator of the Agency for International Development shall

enter into a written agreement to carry out this section. The

agreement shall establish a procedure for resolving any disputes

between the Secretary and the Administrator regarding the

implementation of specific projects. With respect to countries not

assisted by the Agency for International Development, the Secretary

may enter into agreements with other appropriate Federal agencies.

If the Secretary and the Administrator, or the Secretary and an

agency described in the previous sentence, are unable to reach an

agreement, each shall send a memorandum to the President outlining

an appropriate agreement. Within 90 days after receipt of either

memorandum, the President shall determine which version of the

agreement shall be in effect. Any agreement entered into under this

subsection shall be provided to the appropriate committees of the

Congress and made available to the public.

(b) Purposes of program

The purposes of the technology transfer program under this

section are to -

(1) reduce the United States balance of trade deficit through

the export of United States renewable energy technologies and

technological expertise;

(2) retain and create manufacturing and related service jobs in

the United States;

(3) encourage the export of United States renewable energy

technologies, including services related thereto, to those

countries that have a need for developmentally sound facilities

to provide energy derived from renewable resources;

(4) develop markets for United States renewable energy

technologies to be utilized in meeting the energy and

environmental requirements of foreign countries;

(5) better ensure that United States participation in

energy-related projects in foreign countries includes

participation by United States firms as well as utilization of

United States technologies that have been developed or

demonstrated in the United States through publicly or privately

funded demonstration programs;

(6) ensure the introduction of United States firms and

expertise in foreign countries;

(7) provide financial assistance by the Federal Government to

foster greater participation by United States firms in the

financing, ownership, design, construction, or operation of

renewable energy technology projects in foreign countries;

(8) assist foreign countries in meeting their energy needs

through the use of renewable energy in an environmentally

acceptable manner, consistent with sustainable development

policies; and

(9) assist United States firms, especially firms that are in

competition with firms in foreign countries, to obtain

opportunities to transfer technologies to, or undertake projects

in, foreign countries.

Pursuant to the agreements required by subsection (a) of this

section, the Secretary, through the Agency for International

Development, and after consultation with the interagency working

group, United States firms, and representatives from foreign

countries, shall develop mechanisms to identify potential energy

projects in host countries, and shall identify a list of such

projects within 240 days after October 24, 1992, and periodically

thereafter.

(d) Financial mechanisms

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall -

(A) establish appropriate financial mechanisms to increase the

participation of United States firms in energy projects utilizing

United States renewable energy technologies, and services related

thereto, in developing countries;

(B) utilize available financial assistance authorized by this

section to counterbalance assistance provided by foreign

governments to non-United States firms; and

(2) The financial assistance authorized by this section may be -

(A) provided in combination with other forms of financial

assistance, including non-United States funding that is available

to the project; and

(B) utilized to assist United States firms in the development

of innovative financing packages for renewable energy technology

projects that utilize other financial assistance programs

available through the Federal Government.

(3) United States obligations under the Arrangement on Guidelines

for Officially Supported Export Credits established through the

Organization for Economic Cooperation and Development shall be

applicable to this section.

(e) Solicitations for project proposals

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, within one year after October 24, 1992, and

subsequently as appropriate thereafter, shall solicit proposals

from United States firms for the design, construction, testing, and

operation of the project or projects identified under subsection

renewable energy technology. Each solicitation under this section

shall establish a closing date for receipt of proposals.

(2) The solicitation under this subsection shall, to the extent

appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean

Coal Technology IV, as administered by the Department of Energy.

(3) Any solicitation made under this subsection shall include the

following requirements:

(A) The United States firm that submits a proposal in response

to the solicitation shall have an equity interest in the proposed

project.

(B) The project shall utilize a United States renewable energy

technology, including services related thereto, in meeting the

applicable energy and environmental requirements of the host

country.

with a United States firm, although a joint venture or other

teaming arrangement with a non-United States manufacturer or

other non-United States entity is permissible.

(f) Assistance to United States firms

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the interagency working group, shall

establish a procedure to provide financial assistance to United

States firms under this section for a project identified under

subsection (c) of this section where solicitations for the project

are being conducted by the host country or by a multilateral

lending institution.

(g) Other program requirements

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the working group, shall -

(1) establish eligibility criteria for host countries;

(2) periodically review the energy needs of such countries and

export opportunities for United States firms for the development

of projects in such countries;

(3) consult with government officials in host countries and, as

appropriate, with representatives of utilities or other entities

in host countries, to determine interest in and support for

potential projects; and

(4) determine whether each project selected under this section

is developmentally sound, as determined under the criteria

developed by the Development Assistance Committee of the

Organization for Economic Cooperation and Development.

(h) Selection of projects

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall, not later than 120 days after receipt of

proposals in response to a solicitation under subsection (e) of

this section, select one or more proposals under this section.

(2) In selecting a proposal under this section, the Secretary,

through the Agency for International Development, shall consider -

(A) the ability of the United States firm, in cooperation with

the host country, to undertake and complete the project;

(B) the degree to which the equipment to be included in the

project is designed and manufactured in the United States;

United States technology, and services related thereto, and the

ability of the United States firm to compete in the development

of additional energy projects using such technology in the host

country and in other foreign countries;

(D) the extent of technical and financial involvement of the

host country in the project;

(E) the extent to which the proposed project meets the purposes

stated in section 13311(b) (!1) of this title;

(F) the extent of technical, financial, management, and

marketing capabilities of the participants in the project, and

the commitment of the participants to completion of a successful

project in a manner that will facilitate acceptance of the United

States technology for future application; and

(G) such other criteria as may be appropriate.

(3) In selecting among proposed projects, the Secretary shall

seek to ensure that, relative to otherwise comparable projects in

the host country, a selected project will meet 1 or more of the

following criteria:

(A) It will reduce environmental emissions to an extent greater

than required by applicable provisions of law.

(B) It will make greater use of indigenous renewable energy

resources.

based on life cycle capital and operating costs per unit of

energy produced and, where applicable, costs per unit of product

produced.

Priority in selection shall be given to those projects which, in

the judgment of the Secretary, best meet one or more of these

criteria.

(i) United States-Asia Environmental Partnership

Activities carried out under this section shall be coordinated

with the United States-Asia Environmental Partnership.

(j) Buy America

In carrying out this section, the Secretary, through the Agency

for International Development, and pursuant to the agreements under

subsection (a) of this section, shall ensure -

(1) the maximum percentage, but in no case less than 50

percent, of the cost of any equipment furnished in connection

with a project authorized under this section shall be

attributable to the manufactured United States components of such

equipment; and

(2) the maximum participation of United States firms.

In determining whether the cost of United States components equals

or exceeds 50 percent, the cost of assembly of such United States

components in the host country shall not be considered a part of

the cost of such United States component.

(k) Reports to Congress

The Secretary and the Administrator of the Agency for

International Development shall report annually to the Committee on

Energy and Natural Resources of the Senate and the appropriate

committees of the House of Representatives on the progress being

made to introduce renewable energy technologies into foreign

countries.

(l) Definitions

For purposes of this section -

(1) the term "host country" means a foreign country which is -

(A) the participant in or the site of the proposed renewable

energy technology project; and

(B) either -

(i) classified as a country eligible to participate in

development assistance programs of the Agency for

International Development pursuant to applicable law or

regulation; or

(ii) a developing country.

(2) the term "developing country" includes, but is not limited

to, countries in Central and Eastern Europe or in the independent

states of the former Soviet Union.

(m) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry

out the program required by this section, $100,000,000 for each of

the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1211, Oct. 24, 1992, 106 Stat.

2965.)

-FOOTNOTE-

(!1) So in original. Probably should be section "13316(b)".

-End-

-CITE-

42 USC Sec. 13317 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-

Sec. 13317. Renewable energy production incentive

-STATUTE-

(a) Incentive payments

For electric energy generated and sold by a qualified renewable

energy facility during the incentive period, the Secretary shall

make, subject to the availability of appropriations, incentive

payments to the owner or operator of such facility. The amount of

such payment made to any such owner or operator shall be as

determined under subsection (e) of this section. Payments under

this section may only be made upon receipt by the Secretary of an

incentive payment application which establishes that the applicant

is eligible to receive such payment and which satisfies such other

requirements as the Secretary deems necessary. Such application

shall be in such form, and shall be submitted at such time, as the

Secretary shall establish.

(b) Qualified renewable energy facility

For purposes of this section, a qualified renewable energy

facility is a facility which is owned by a State or any political

subdivision of a State (or an agency, authority, or instrumentality

of a State or a political subdivision), by any corporation or

association which is wholly owned, directly or indirectly, by one

or more of the foregoing, or by a nonprofit electrical cooperative

and which generates electric energy for sale in, or affecting,

interstate commerce using solar, wind, biomass, or geothermal

energy, except that -

(1) the burning of municipal solid waste shall not be treated

as using biomass energy; and

(2) geothermal energy shall not include energy produced from a

dry steam geothermal reservoir which has -

(A) no mobile liquid in its natural state;

(B) steam quality of 95 percent water; and

equal to 1200 Btu/lb (British thermal units per pound).

Payments may be made under this section only for electricity

generated from a qualified renewable energy facility first used

during the 10-fiscal year period beginning with the first full

fiscal year occurring after October 24, 1992.

(d) Payment period

A qualified renewable energy facility may receive payments under

this section for a 10-fiscal year period. Such period shall begin

with the fiscal year in which electricity generated from the

facility is first eligible for such payments.

(e) Amount of payment

(1) In general

Incentive payments made by the Secretary under this section to

the owner or operator of any qualified renewable energy facility

shall be based on the number of kilowatt hours of electricity

generated by the facility through the use of solar, wind,

biomass, or geothermal energy during the payment period referred

to in subsection (d) of this section. For any facility, the

amount of such payment shall be 1.5 cents per kilowatt hour,

adjusted as provided in paragraph (2).

(2) Adjustments

The amount of the payment made to any person under this

subsection as provided in paragraph (1) shall be adjusted for

inflation for each fiscal year beginning after calendar year 1993

in the same manner as provided in the provisions of section

29(d)(2)(B) of title 26, except that in applying such provisions

the calendar year 1993 shall be substituted for calendar year

1979.

(f) Sunset

No payment may be made under this section to any facility after

the expiration of the 20-fiscal year period beginning with the

first full fiscal year occurring after October 24, 1992, and no

payment may be made under this section to any facility after a

payment has been made with respect to such facility for a 10-fiscal

year period.

(g) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

fiscal years 1993, 1994, and 1995 such sums as may be necessary to

carry out the purposes of this section.

-SOURCE-

(Pub. L. 102-486, title XII, Sec. 1212, Oct. 24, 1992, 106 Stat.

2969.)

-End-

-CITE-

42 USC SUBCHAPTER VI - COAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

-HEAD-

SUBCHAPTER VI - COAL

-End-

-CITE-

42 USC Part A - Research, Development, Demonstration, and

Commercial Application 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

PART A - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL

APPLICATION

-End-

-CITE-

42 USC Sec. 13331 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13331. Coal research, development, demonstration, and

commercial application programs

-STATUTE-

(a) Establishment

The Secretary shall, in accordance with section (!1) 13541 and

13542 of this title, conduct programs for research, development,

demonstration, and commercial application on coal-based

technologies. Such research, development, demonstration, and

commercial application programs shall include the programs

established under this part, and shall have the goals and

objectives of -

(1) ensuring a reliable electricity supply;

(2) complying with applicable environmental requirements;

(3) achieving the control of sulfur oxides, oxides of nitrogen,

air toxics, solid and liquid wastes, greenhouse gases, or other

emissions resulting from coal use or conversion at levels of

proficiency greater than or equal to applicable currently

available commercial technology;

(4) achieving the cost competitive conversion of coal into

energy forms usable in the transportation sector;

(5) demonstrating the conversion of coal to synthetic gaseous,

liquid, and solid fuels;

(6) demonstrating, in cooperation with other Federal and State

agencies, the use of coal-derived fuels in mobile equipment, with

opportunities for industrial cost sharing participation;

(7) ensuring the timely commercial application of

cost-effective technologies or energy production processes or

systems utilizing coal which achieve -

(A) greater efficiency in the conversion of coal to useful

energy when compared to currently available commercial

technology for the use of coal; and

(B) the control of emissions from the utilization of coal;

and

(8) ensuring the availability for commercial use of such

technologies by the year 2010.

(b) Demonstration and commercial application programs

(1) In selecting either a demonstration project or a commercial

application project for financial assistance under this part, the

Secretary shall seek to ensure that, relative to otherwise

comparable commercially available technologies or products, the

selected project will meet one or more of the following criteria:

(A) It will reduce environmental emissions to an extent greater

than required by applicable provisions of law.

(B) It will increase the overall efficiency of the utilization

of coal, including energy conversion efficiency and, where

applicable, production of products derived from coal.

based on life cycle capital and operating costs per unit of

energy produced and, where applicable, costs per unit of product

produced.

Priority in selection shall be given to those projects which, in

the judgment of the Secretary, best meet one or more of these

criteria.

(2) In administering demonstration and commercial application

programs authorized by this part, the Secretary shall establish

accounting and project management controls that will be adequate to

control costs.

(3)(A) Not later than 180 days after October 24, 1992, the

Secretary shall establish procedures and criteria for the

recoupment of the Federal share of each cost shared demonstration

and commercial application project authorized pursuant to this

part. Such recoupment shall occur within a reasonable period of

time following the date of completion of such project, but not

later than 20 years following such date, taking into account the

effect of recoupment on -

(i) the commercial competitiveness of the entity carrying out

the project;

(ii) the profitability of the project; and

(iii) the commercial viability of the coal-based technology

utilized.

(B) The Secretary may at any time waive or defer all or some

portion of the recoupment requirement as necessary for the

commercial viability of the project.

(4) Projects selected by the Secretary under this part for

demonstration or commercial application of a technology shall, in

the judgment of the Secretary, be capable of enhancing the state of

the art for such technology.

Within 240 days after October 24, 1992, the Secretary shall

transmit to the Committee on Energy and Commerce and the Committee

on Science, Space, and Technology of the House of Representatives

and to the Committee on Energy and Natural Resources of the Senate

a report which shall include each of the following:

(1) A detailed description of ongoing research, development,

demonstration, and commercial application activities regarding

coal-based technologies undertaken by the Department of Energy,

other Federal or State government departments or agencies and, to

the extent such information is publicly available, other public

or private organizations in the United States and other

countries.

(2) A listing and analysis of current Federal and State

government regulatory and financial incentives that could further

the goals of the programs established under this part.

(3) Recommendations regarding the manner in which any ongoing

coal-based demonstration and commercial application program might

be modified and extended in order to ensure the timely

demonstrations of advanced coal-based technologies so as to

ensure that the goals established under this section are achieved

and that such demonstrated technologies are available for

commercial use by the year 2010.

(4) Recommendations, if any, regarding the manner in which the

cost sharing demonstrations conducted pursuant to the Clean Coal

Program established by Public Law 98-473 might be modified and

extended in order to ensure the timely demonstration of advanced

coal-based technologies.

(5) A detailed plan for conducting the research, development,

demonstration, and commercial application programs to achieve the

goals and objectives of subsection (a) of this section, which

plan shall include a description of -

(A) the program elements and management structure to be

utilized;

(B) the technical milestones to be achieved with respect to

each of the advanced coal-based technologies included in the

plan; and

sharing demonstrations shall be established.

(d) Status reports

Within one year after transmittal of the report described in

subsection (c) of this section, and every 2 years thereafter for a

period of 6 years, the Secretary shall transmit to the Congress a

report that provides a detailed description of the status of

development of the advanced coal-based technologies and the

research, development, demonstration, and commercial application

activities undertaken to carry out the programs required by this

part.

(e) Consultation

In carrying out research, development, demonstration, and

commercial application activities under this part, the Secretary

shall consult with the National Coal Council and other

representatives of the public and private sectors as the Secretary

considers appropriate.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1301, Oct. 24, 1992, 106 Stat.

2970.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 98-473, referred to in subsec. (c)(4), is Pub. L.

98-473, Oct. 12, 1984, 98 Stat. 1837, as amended. For complete

classification of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives and Committee on Science, Space, and Technology of

House of Representatives treated as referring to Committee on

Science of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Commerce of House of Representatives changed

to Committee on Energy and Commerce of House of Representatives,

and jurisdiction over matters relating to securities and exchanges

and insurance generally transferred to Committee on Financial

Services of House of Representatives by House Resolution No. 5, One

Hundred Seventh Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13361, 13362 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 13332 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13332. Coal-fired diesel engines

-STATUTE-

The Secretary shall conduct a program of research, development,

demonstration, and commercial application for utilizing

coal-derived liquid or gaseous fuels, including ultra-clean

coal-water slurries, in diesel engines. The program shall address -

(1) required engine retrofit technology;

(2) coal-fuel production technology;

(3) emission control requirements;

(4) the testing of low-Btu highly reactive fuels;

(5) fuel delivery and storage systems requirements; and

(6) other infrastructure required to support commercial

deployment.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1302, Oct. 24, 1992, 106 Stat.

2972.)

-End-

-CITE-

42 USC Sec. 13333 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13333. Clean coal, waste-to-energy

-STATUTE-

The Secretary shall establish a program of research, development,

demonstration, and commercial application with respect to the use

of solid waste combined with coal as a fuel source for clean coal

combustion technologies. The program shall address -

(1) the feasibility of cofiring coal and used vehicle tires in

fluidized bed combustion units;

(2) the combined gasification of coal and municipal sludge

using integrated gasification combined cycle technology;

(3) the creation of fuel pellets combining coal and material

reclaimed from solid waste;

(4) the feasibility of cofiring, in fluidized bed combustion

units, waste methane from coal mines, including ventilation air,

together with coal or coal wastes; and

(5) other sources of waste and coal mixtures in other

applications that the Secretary considers appropriate.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1303, Oct. 24, 1992, 106 Stat.

2972.)

-End-

-CITE-

42 USC Sec. 13334 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13334. Nonfuel use of coal

-STATUTE-

(a) Program

The Secretary shall prepare a plan for and carry out a program of

research, development, demonstration, and commercial application

with respect to technologies for the nonfuel use of coal, including

(1) production of coke and other carbon products derived from

coal;

(2) production of coal-derived, carbon-based chemical

intermediates that are precursors of value-added chemicals and

polymers;

(3) production of chemicals from coal-derived synthesis gas;

(4) coal treatment processes, including methodologies such as

solvent-extraction techniques that produce low ash, low sulfur,

coal-based chemical feedstocks; and

(5) waste utilization, including recovery, processing, and

marketing of products derived from sulfur, carbon dioxide,

nitrogen, and ash from coal.

(b) Plan contents

The plan described in subsection (a) of this section shall

address and evaluate -

(1) the known and potential processes for using coal in the

creation of products in the chemical, utility, fuel, and

carbon-based materials industries;

(2) the costs, benefits, and economic feasibility of using coal

products in the chemical and materials industries, including

value-added chemicals, carbon-based products, coke, and waste

derived from coal;

(3) the economics of coproduction of products from coal in

conjunction with the production of electric power, thermal

energy, and fuel;

(4) the economics of the refining of coal and coal byproducts

to produce nonfuel products;

(5) the economics of coal utilization in comparison with other

feedstocks that might be used for the same purposes;

(6) the steps that can be taken by the public and private

sectors to bring about commercialization of technologies

developed under the program recommended; and

(7) the past development, current status, and future potential

of coal products and processes associated with nonfuel uses of

coal.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1304, Oct. 24, 1992, 106 Stat.

2973.)

-End-

-CITE-

42 USC Sec. 13335 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13335. Coal refinery program

-STATUTE-

(a) Program

The Secretary shall conduct a program of research, development,

demonstration, and commercial application for coal refining

technologies.

(b) Objectives

The program shall include technologies for refining high sulfur

coals, low sulfur coals, sub-bituminous coals, and lignites to

produce clean-burning transportation fuels, compliance boiler

fuels, fuel additives, lubricants, chemical feedstocks, and

carbon-based manufactured products, either alone or in conjunction

with the generation of electricity or process heat, or the

manufacture of a variety of products from coal. The objectives of

such program shall be to achieve -

(1) the timely commercial application of technologies,

including mild gasification, hydrocracking and other

hydropyrolysis processes, and other energy production processes

or systems to produce coal-derived fuels and coproducts, which

achieve greater efficiency and economy in the conversion of coal

to electrical energy and coproducts than currently available

technology;

(2) the production of energy, fuels, and products which, on a

complete energy system basis, will result in environmental

emissions no greater than those produced by existing comparable

energy systems utilized for the same purpose;

(3) the capability to produce a range of coal-derived

transportation fuels, including oxygenated hydrocarbons, boiler

fuels, turbine fuels, and coproducts, which can reduce dependence

on imported oil by displacing conventional petroleum in the

transportation sector and other sectors of the economy;

(4) reduction in the cost of producing such coal-derived fuels

and coproducts;

(5) the control of emissions from the combustion of

coal-derived fuels; and

(6) the availability for commercial use of such technologies by

the year 2000.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1305, Oct. 24, 1992, 106 Stat.

2973.)

-End-

-CITE-

42 USC Sec. 13336 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13336. Coalbed methane recovery

-STATUTE-

(a) Study of barriers and environmental and safety aspects

The Secretary, in consultation with the Administrator of the

Environmental Protection Agency and the Secretary of the Interior,

shall conduct a study of -

(1) technical, economic, financial, legal, regulatory,

institutional, or other barriers to coalbed methane recovery, and

of policy options for eliminating such barriers; and

(2) the environmental and safety aspects of flaring coalbed

methane liberated from coal mines.

Within two years after October 24, 1992, the Secretary shall submit

a report to the Congress detailing the results of such study.

(b) Information dissemination

Beginning one year after October 24, 1992, the Secretary, in

consultation with the Administrator of the Environmental Protection

Agency and the Secretary of the Interior, shall disseminate to the

public information on state-of-the-art coalbed methane recovery

techniques, including information on costs and benefits.

The Secretary, in consultation with the Administrator of the

Environmental Protection Agency and the Secretary of the Interior,

shall establish a coalbed methane recovery demonstration and

commercial application program, which shall emphasize gas

enrichment technology. Such program shall address -

(1) gas enrichment technologies for enriching medium-quality

methane recovered from coal mines to pipeline quality;

(2) technologies to use mine ventilation air in nearby power

generation facilities, including gas turbines, internal

combustion engines, or other coal fired powerplants;

(3) technologies for cofiring methane recovered from mines,

including methane from ventilation systems and degasification

systems, together with coal in conventional or clean coal

technology boilers; and

(4) other technologies for producing and using methane from

coal mines that the Secretary considers appropriate.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1306, Oct. 24, 1992, 106 Stat.

2974.)

-End-

-CITE-

42 USC Sec. 13337 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13337. Metallurgical coal development

-STATUTE-

(a) The Secretary shall establish a research, development,

demonstration, and commercial application program on metallurgical

coal utilization for the purpose of developing techniques that will

lead to the greater and more efficient utilization of the Nation's

metallurgical coal resources.

(b) The program referred to in subsection (a) of this section

shall include the use of metallurgical coal -

(1) as a boiler fuel for the purpose of generating steam to

produce electricity, including blending metallurgical coal with

other coals in order to enhance its efficient application as a

boiler fuel;

(2) as an ingredient in the manufacturing of steel; and

(3) as a source of pipeline quality coalbed methane.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1307, Oct. 24, 1992, 106 Stat.

2975.)

-End-

-CITE-

42 USC Sec. 13338 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13338. Utilization of coal wastes

-STATUTE-

(a) Coal waste utilization program

The Secretary, in consultation with the Secretary of the

Interior, shall establish a research, development, demonstration,

and commercial application program on coal waste utilization for

the purpose of developing techniques that will lead to the greater

and more efficient utilization of coal wastes from mining and

processing, other than coal ash.

(b) Use as boiler fuel

The program referred to in subsection (a) of this section shall

include projects to facilitate the use of coal wastes from mining

and processing as a boiler fuel for the purpose of generating steam

to produce electricity.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1308, Oct. 24, 1992, 106 Stat.

2975.)

-End-

-CITE-

42 USC Sec. 13339 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13339. Underground coal gasification

-STATUTE-

(a) Program

The Secretary shall conduct a research, development,

demonstration, and commercial application program for underground

coal gasification technology for in-situ conversion of coal to a

cleaner burning, easily transportable gaseous fuel. The goal and

objective of this program shall be to accelerate the development

and commercialization of underground coal gasification. In carrying

out this program, the Secretary shall give equal consideration to

all ranks of coal.

(b) Demonstration projects

As part of the program authorized in subsection (a) of this

section, the Secretary may solicit proposals for underground coal

gasification technology projects to fulfill the goal and objective

of subsection (a) of this section.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1309, Oct. 24, 1992, 106 Stat.

2975.)

-End-

-CITE-

42 USC Sec. 13340 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13340. Low-rank coal research and development

-STATUTE-

The Secretary shall pursue a program of research and development

with respect to the technologies needed to expand the use of

low-rank coals which take into account the unique properties of

lignites and sub-bituminous coals, including, but not limited to,

the following areas -

(1) high value-added carbon products;

(2) fuel cell applications;

(3) emissions control and combustion efficiencies;

(4) coal water fuels and underground coal gasification;

(5) distillates; and

(6) any other technologies which will assist in the development

of niche markets for lignites and sub-bituminous coals.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1310, Oct. 24, 1992, 106 Stat.

2975.)

-End-

-CITE-

42 USC Sec. 13341 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13341. Magnetohydrodynamics

-STATUTE-

(a) Program

The Secretary shall carry out a research, development,

demonstration, and commercial application program in

magnetohydrodynamics. The purpose of this program shall be to

determine the adequacy of the engineering and design information

completed to date under Department of Energy contracts related to

magnetohydrodynamics retrofit systems and to determine whether any

further Federal investment in this technology is warranted.

(b) Solicitation of proposals

In order to carry out the program authorized in subsection (a) of

this section, the Secretary may solicit proposals from the private

sector and seek to enter into an agreement with appropriate

parties.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1311, Oct. 24, 1992, 106 Stat.

2976.)

-End-

-CITE-

42 USC Sec. 13342 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13342. Oil substitution through coal liquefaction

-STATUTE-

(a) Program direction

The Secretary shall conduct a program of research, development,

demonstration, and commercial application for the purpose of

developing economically and environmentally acceptable advanced

technologies for oil substitution through coal liquefaction.

(b) Program goals

The goals of the program established under subsection (a) of this

section shall include -

(1) improved resource selection and product quality;

(2) the development of technologies to increase net yield of

liquid fuel product per ton of coal;

(3) an increase in overall thermal efficiency; and

(4) a reduction in capital and operating costs through

technology improvements.

Within 180 days after October 24, 1992, the Secretary shall

solicit proposals for conducting activities under this section.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1312, Oct. 24, 1992, 106 Stat.

2976.)

-End-

-CITE-

42 USC Sec. 13343 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part A - Research, Development, Demonstration, and Commercial

Application

-HEAD-

Sec. 13343. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

carrying out this part $278,139,000 for fiscal year 1993 and such

sums as may be necessary for fiscal years 1994 through 1997.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1313, Oct. 24, 1992, 106 Stat.

2976.)

-End-

-CITE-

42 USC Part B - Clean Coal Technology Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part B - Clean Coal Technology Program

-HEAD-

PART B - CLEAN COAL TECHNOLOGY PROGRAM

-End-

-CITE-

42 USC Sec. 13351 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part B - Clean Coal Technology Program

-HEAD-

Sec. 13351. Additional clean coal technology solicitations

-STATUTE-

(a) Program design

Additional clean coal technology solicitations described in

subsection (b) of this section shall be designed to ensure the

timely development of cost-effective technologies or energy

production processes or systems utilizing coal that achieve greater

efficiency in the conversion of coal to useful energy when compared

to currently commercially available technology for the use of coal

and the control of emissions from the combustion of coal. Such

program shall be designed to ensure, to the greatest extent

possible, the availability for commercial use of such technologies

by the year 2010.

(b) Additional solicitations

In conducting the Clean Coal Program established by Public Law

98-473, the Secretary shall consider the potential benefits of

conducting additional solicitations pursuant to such program and,

based on the results of that consideration, may carry out such

additional solicitations, which shall be similar in scope and

percentage of Federal cost sharing as that provided by Public Law

101-121.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1321, Oct. 24, 1992, 106 Stat.

2976.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 98-473, referred to in subsec. (b), is Pub. L. 98-473,

Oct. 12, 1984, 98 Stat. 1837, as amended. For complete

classification of this Act to the Code, see Tables.

Public Law 101-121, referred to in subsec. (b), is Pub. L.

101-121, Oct. 23, 1989, 103 Stat. 701, as amended. For complete

classification of this Act to the Code, see Tables.

-End-

-CITE-

42 USC Part C - Other Coal Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

PART C - OTHER COAL PROVISIONS

-End-

-CITE-

42 USC Sec. 13361 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13361. Clean coal technology export promotion and interagency

coordination

-STATUTE-

(a) Establishment

There shall be established within the Trade Promotion

Coordinating Committee (established by the President on May 23,

1990) a Clean Coal Technology Subgroup (in this part referred to as

the "CCT Subgroup") to focus interagency efforts on clean coal

technologies. The CCT Subgroup shall seek to expand the export and

use of clean coal technologies, particularly in those countries

which can benefit from gains in the efficiency of, and the control

of environmental emissions from, coal utilization.

(b) Membership

The CCT Subgroup shall include 1 member from each agency

represented on the Energy, Environment, and Infrastructure Working

Group of the Trade Promotion Coordinating Committee as of October

24, 1992. The Secretary shall serve as chair of the CCT Subgroup

and shall be responsible for ensuring that the functions of the CCT

Subgroup are carried out through its member agencies.

(1) In carrying out this section, the CCT Subgroup shall consult

with representatives from the United States coal industry,

representatives of railroads and other transportation industries,

organizations representing workers, the electric utility industry,

manufacturers of equipment utilizing clean coal technology, members

of organizations formed to further the goals of environmental

protection or to promote the development and use of clean coal

technologies that are developed, manufactured, or controlled by

United States firms, and other appropriate interested members of

the public.

(2) The CCT Subgroup shall maintain ongoing liaison with other

elements of the Trade Promotion Coordinating Committee relating to

clean coal technologies or regions where these technologies could

be important, including Eastern Europe, Asia, and the Pacific.

(d) Duties

The Secretary, acting through the CCT Subgroup, shall -

(1) facilitate the establishment of technical training for the

consideration, planning, construction, and operation of clean

coal technologies by end users and international development

personnel;

(2) facilitate the establishment of and, where practicable,

cause to be established, consistent with the goals and objectives

stated in section 13331(a) of this title, within existing

departments and agencies -

(A) financial assistance programs (including grants, loan

guarantees, and no interest and low interest loans) to support

prefeasibility and feasibility studies for projects that will

utilize clean coal technologies; and

(B) loan guarantee programs, grants, and no interest and low

interest loans designed to facilitate access to capital and

credit in order to finance such clean coal technology projects;

(3) develop and ensure the execution of programs, including the

establishment of financial incentives, to encourage and support

private sector efforts in exports of clean coal technologies that

are developed, manufactured, or controlled by United States

firms;

(4) encourage the training in, and understanding of, clean coal

technologies by representatives of foreign companies or countries

intending to use coal or clean coal technologies by providing

technical or financial support for training programs, workshops,

and other educational programs sponsored by United States firms;

(5) educate loan officers and other officers of international

lending institutions, commercial and energy attache&233;s of the

United States, and such other personnel as the CCT Subgroup

considers appropriate, for the purposes of providing information

about clean coal technologies to foreign governments or potential

project sponsors of clean coal technology projects;

(6) develop policies and practices to be conducted by

commercial and energy attache&233;s of the United States, and

such other personnel as the CCT Subgroup considers appropriate,

in order to promote the exports of clean coal technologies to

those countries interested in or intending to utilize coal

resources;

(7) augment budgets for trade and development programs

supported by Federal agencies for the purpose of financially

supporting prefeasibility or feasibility studies for projects in

foreign countries that will utilize clean coal technologies;

(8) review ongoing clean coal technology projects and review

and advise Federal agencies on the approval of planned clean coal

technology projects which are sponsored abroad by any Federal

agency to determine whether such projects are consistent with the

overall goals and objectives of this section;

(9) coordinate the activities of the appropriate Federal

agencies in order to ensure that Federal clean coal technology

export promotion policies are implemented in a timely fashion;

(10) work with CCT Subgroup member agencies to develop an

overall strategy for promoting clean coal technology exports,

including setting goals and allocating specific responsibilities

among member agencies, consistent with applicable statutes; and

(11) coordinate with multilateral institutions to ensure that

United States technologies are properly represented in their

projects.

(e) Data and information

(1) The CCT Subgroup, consistent with other applicable provisions

of law, shall ensure the development of a comprehensive data base

and information dissemination system, using the National Trade Data

Bank and the Commercial Information Management System of the

Department of Commerce, relating to the availability of clean coal

technologies and the potential need for such technologies,

particularly in developing countries and countries making the

transition from nonmarket to market economies.

(2) The Secretary, acting through the CCT Subgroup, shall assess

and prioritize foreign markets that have the most potential for the

export of clean coal technologies that are developed, manufactured,

or controlled by United States firms. Such assessment shall include

(A) an analysis of the financing requirements for clean coal

technology projects in foreign countries and whether such

projects are dependent upon financial assistance from foreign

countries or multilateral institutions;

(B) the availability of other fuel or energy resources that may

be available to meet the energy requirements intended to be met

by the clean coal technology projects;

selection of such projects;

(D) the technical competence of those entities likely to be

involved in the planning and operation of such projects;

(E) an objective comparison of the environmental, energy, and

economic performance of each clean coal technology relative to

conventional technologies;

(F) a list of United States vendors of clean coal technologies;

and

(G) answers to commonly asked questions about clean coal

technologies,(!1)

The Secretary, acting through the CCT Subgroup, shall make such

information available to the House of Representatives and the

Senate, and to the appropriate committees of each House of

Congress, industry, Federal and international financing

organizations, nongovernmental organizations, potential customers

abroad, governments of countries where such clean coal technologies

might be used, and such others as the CCT Subgroup considers

appropriate.

(f) Report

Within 180 days after the Secretary submits the report to the

Congress as required by section 409 of Public Law 101-549, the

Secretary, acting through the CCT Subgroup, shall provide to the

appropriate committees of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate, a plan

which details actions to be taken in order to address those

recommendations and findings made in the report submitted pursuant

to section 409 of Public Law 101-549. As a part of the plan

required by this subsection, the Secretary, acting through the CCT

Subgroup, shall specifically address the adequacy of financial

assistance available from Federal departments and agencies and

international financing organizations to aid in the financing of

prefeasibility and feasibility studies and projects that would use

a clean coal technology in developing countries and countries

making the transition from nonmarket to market economies.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1331, Oct. 24, 1992, 106 Stat.

2977.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (a), was in the original "this

subtitle" meaning subtitle C of title XIII of Pub. L. 102-486,

which enacted this part and provisions set out as a note under

section 824a-3 of Title 16, Conservation.

Section 409 of Public Law 101-549, referred to in subsec. (f), is

section 409 of Pub. L. 101-549, title IV, Nov. 15, 1990, 104 Stat.

2634, which directed the Secretary of Energy, in consultation with

the Secretary of Commerce, to submit a report to Congress within

one year of November 15, 1990, respecting clean coal technology

programs, and which is not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13363 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should be a period.

-End-

-CITE-

42 USC Sec. 13362 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13362. Innovative clean coal technology transfer program

-STATUTE-

(a) Establishment of program

The Secretary, through the Agency for International Development,

and in consultation with the other members of the CCT Subgroup,

shall establish a clean coal technology transfer program to carry

out the purposes described in subsection (b) of this section.

Within 150 days after October 24, 1992, the Secretary and the

Administrator of the Agency for International Development shall

enter into a written agreement to carry out this section. The

agreement shall establish a procedure for resolving any disputes

between the Secretary and the Administrator regarding the

implementation of specific projects. With respect to countries not

assisted by the Agency for International Development, the Secretary

may enter into agreements with other appropriate United States

agencies. If the Secretary and the Administrator, or the Secretary

and an agency described in the previous sentence, are unable to

reach an agreement, each shall send a memorandum to the President

outlining an appropriate agreement. Within 90 days after receipt of

either memorandum, the President shall determine which version of

the agreement shall be in effect. Any agreement entered into under

this subsection shall be provided to the appropriate committees of

the Congress and made available to the public.

(b) Purposes of program

The purposes of the technology transfer program under this

section are to -

(1) reduce the United States balance of trade deficit through

the export of United States energy technologies and technological

expertise;

(2) retain and create manufacturing and related service jobs in

the United States;

(3) encourage the export of United States technologies,

including services related thereto, to those countries that have

a need for developmentally sound facilities to provide energy

derived from coal resources;

(4) develop markets for United States technologies and, where

appropriate, United States coal resources to be utilized in

meeting the energy and environmental requirements of foreign

countries;

(5) better ensure that United States participation in

energy-related projects in foreign countries includes

participation by United States firms as well as utilization of

United States technologies that have been developed or

demonstrated in the United States through publicly or privately

funded demonstration programs;

(6) provide for the accelerated deployment of United States

technologies that will serve to introduce into foreign countries

United States technologies intended to use coal resources in a

more efficient, cost-effective, and environmentally acceptable

manner;

(7) serve to ensure the introduction of United States firms and

expertise in foreign countries;

(8) provide financial assistance by the Federal Government to

foster greater participation by United States firms in the

financing, ownership, design, construction, or operation of clean

coal technology projects in foreign countries;

(9) assist foreign countries in meeting their energy needs

through the use of coal in an environmentally acceptable manner,

consistent with sustainable development policies; and

(10) assist United States firms, especially firms that are in

competition with firms in foreign countries, to obtain

opportunities to transfer technologies to, or undertake projects

in, foreign countries.

Pursuant to the agreements required by subsection (a) of this

section, the Secretary, through the Agency for International

Development, and after consultation with the CCT Subgroup, United

States firms, and representatives from foreign countries, shall

develop mechanisms to identify potential energy projects in host

countries, and shall identify a list of such projects within 240

days after October 24, 1992, and periodically thereafter.

(d) Financial mechanisms

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall -

(A) establish appropriate financial mechanisms to increase the

participation of United States firms in energy projects utilizing

United States clean coal technologies, and services related

thereto, in developing countries and countries making the

transition from nonmarket to market economies;

(B) utilize available financial assistance authorized by this

section to counterbalance assistance provided by foreign

governments to non-United States firms; and

(i) financing the incremental costs of a clean coal

technology project attributable only to expenditures to prevent

or abate emissions;

(ii) providing the difference between the costs of a

conventional energy project in the host country and a

comparable project that would utilize a clean coal technology

capable of achieving greater efficiency of energy products and

improved environmental emissions compared to such conventional

project; and

(iii) such other forms of financial assistance as the

Secretary, through the Agency for International Development,

considers appropriate.

(2) The financial assistance authorized by this section may be -

(A) provided in combination with other forms of financial

assistance, including non-United States funding that is available

to the project; and

(B) utilized to assist United States firms to develop

innovative financing packages for clean coal technology projects

that seek to utilize other financial assistance programs

available through other Federal agencies.

(3) United States obligations under the Arrangement on Guidelines

for Officially Supported Export Credits established through the

Organization for Economic Cooperation and Development shall be

applicable to this section.

(e) Solicitations for project proposals

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, within one year after October 24, 1992, and

subsequently as appropriate thereafter, shall solicit proposals

from United States firms for the design, construction, testing, and

operation of the project or projects identified under subsection

technology. Each solicitation under this section shall establish a

closing date for receipt of proposals.

(2) The solicitation under this subsection shall, to the extent

appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean

Coal Technology IV as administered by the Department of Energy.

(3) Any solicitation made under this subsection shall include the

following requirements:

(A) The United States firm that submits a proposal in response

to the solicitation shall have an equity interest in the proposed

project.

(B) The project shall utilize a United States clean coal

technology, including services related thereto, and, where

appropriate, United States coal resources, in meeting the

applicable energy and environmental requirements of the host

country.

with a United States firm, although a joint venture or other

teaming arrangement with a non-United States manufacturer or

other non-United States entity is permissible.

(f) Assistance to United States firms

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the CCT Subgroup, shall establish a

procedure to provide financial assistance to United States firms

under this section for a project identified under subsection (c) of

this section where solicitations for the project are being

conducted by the host country or by a multilateral lending

institution.

(g) Other program requirements

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the CCT Subgroup, shall -

(1) establish eligibility criteria for countries that will host

projects;

(2) periodically review the energy needs of such countries and

export opportunities for United States firms for the development

of projects in such countries;

(3) consult with government officials in host countries and, as

appropriate, with representatives of utilities or other entities

in host countries, to determine interest in and support for

potential projects; and

(4) determine whether each project selected under this section

is developmentally sound, as determined under the criteria

developed by the Development Assistance Committee of the

Organization for Economic Cooperation and Development.

(h) Selection of projects

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall, not later than 120 days after receipt of

proposals in response to a solicitation under subsection (e) of

this section, select one or more proposals under this section.

(2) In selecting a proposal under this section, the Secretary,

through the Agency for International Development, shall consider -

(A) the ability of the United States firm, in cooperation with

the host country, to undertake and complete the project;

(B) the degree to which the equipment to be included in the

project is designed and manufactured in the United States;

United States technology, and services related thereto, and the

ability of the United States firm to compete in the development

of additional energy projects using such technology in the host

country and in other foreign countries;

(D) the extent of technical and financial involvement of the

host country in the project;

(E) the extent to which the proposed project meets the goals

and objectives stated in section 13331(a) of this title;

(F) the extent of technical, financial, management, and

marketing capabilities of the participants in the project, and

the commitment of the participants to completion of a successful

project in a manner that will facilitate acceptance of the United

States technology for future application; and

(G) such other criteria as may be appropriate.

(3) In selecting among proposed projects, the Secretary shall

seek to ensure that, relative to otherwise comparable projects in

the host country, a selected project will meet 1 or more of the

following criteria:

(A) It will reduce environmental emissions to an extent greater

than required by applicable provisions of law.

(B) It will increase the overall efficiency of the utilization

of coal, including energy conversion efficiency and, where

applicable, production of products derived from coal.

based on life cycle capital and operating costs per unit of

energy produced and, where applicable, costs per unit of product

produced.

Priority in selection shall be given to those projects which, in

the judgment of the Secretary, best meet one or more of these

criteria.

(i) United States-Asia Environmental Partnership

Activities carried out under this section shall be coordinated

with the United States-Asia Environmental Partnership.

(j) Buy America

In carrying out this section, the Secretary, through the Agency

for International Development, and pursuant to the agreements under

subsection (a) of this section, shall ensure -

(1) the maximum percentage, but in no case less than 50

percent, of the cost of any equipment furnished in connection

with a project authorized under this section shall be

attributable to the manufactured United States components of such

equipment; and

(2) the maximum participation of United States firms.

In determining whether the cost of United States components equals

or exceeds 50 percent, the cost of assembly of such United States

components in the host country shall not be considered a part of

the cost of such United States component.

(k) Reports to Congress

The Secretary and the Administrator of the Agency for

International Development shall report annually to the Committee on

Energy and Natural Resources of the Senate and the appropriate

committees of the House of Representatives on the progress being

made to introduce clean coal technologies into foreign countries.

(l) "Host country" defined

For purposes of this section, the term "host country" means a

foreign country which is -

(1) the participant in or the site of the proposed clean coal

technology project; and

(2) either -

(A) classified as a country eligible to participate in

development assistance programs of the Agency for International

Development pursuant to applicable law or regulation; or

(B) a developing country or country with an economy in

transition from a nonmarket to a market economy.

(m) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry

out the program required by this section, $100,000,000 for each of

the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1332, Oct. 24, 1992, 106 Stat.

2979.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13363, 13370 of this

title.

-End-

-CITE-

42 USC Sec. 13363 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13363. Conventional coal technology transfer

-STATUTE-

If the Secretary determines that the utilization of a clean coal

technology is not practicable for a proposed project and that a

United States conventional coal technology would constitute a

substantial improvement in efficiency, costs, and environmental

performance relative to the technology being used in a developing

country or country making the transition from nonmarket to market

economies, with significant indigenous coal resources, such

technology shall, for purposes of sections 13361 and 13362 (!1) of

this title, be considered a clean coal technology. In the case of

combustion technologies, only the retrofit, repowering, or

replacement of a conventional technology shall constitute a

substantial improvement for purposes of this section. In carrying

out this section, the Secretary shall give highest priority to

promoting the most environmentally sound and energy efficient

technologies.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1333, Oct. 24, 1992, 106 Stat.

2984.)

-REFTEXT-

REFERENCES IN TEXT

Sections 13361 and 13362 of this title, referred to in text, was

in the original "sections 1321 and 1322" and was translated as

reading "sections 1331 and 1332" meaning sections 1331 and 1332 of

Pub. L. 102-486, to reflect the probable intent of Congress,

because Pub. L. 102-486 does not contain a section 1322 and

sections 1331 and 1332 of Pub. L. 102-486 relate to export of clean

coal technology.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13364 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13364. Study of utilization of coal combustion byproducts

-STATUTE-

(a) "Coal combustion byproducts" defined

As used in this section, the term "coal combustion byproducts"

means the residues from the combustion of coal including ash, slag,

and flue gas desulfurization materials.

(b) Study and report to Congress

(1) The Secretary shall conduct a detailed and comprehensive

study on the institutional, legal, and regulatory barriers to

increased utilization of coal combustion byproducts by potential

governmental and commercial users. Such study shall identify and

investigate barriers found to exist at the Federal, State, or local

level, which may have limited or may have the foreseeable effect of

limiting the quantities of coal combustion byproducts that are

utilized. In conducting this study, the Secretary shall consult

with other departments and agencies of the Federal Government,

appropriate State and local governments, and the private sector.

(2) Not later than one year after October 24, 1992, the Secretary

shall submit a report to the Congress containing the results of the

study required by paragraph (1) and the Secretary's recommendations

for action to be taken to increase the utilization of coal

combustion byproducts. At a minimum, such report shall identify

actions that would increase the utilization of coal combustion

byproducts in -

(A) bridge and highway construction;

(B) stabilizing wastes;

Government and State and local governments; and

(D) federally funded or federally subsidized procurement by the

private sector.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1334, Oct. 24, 1992, 106 Stat.

2984.)

-End-

-CITE-

42 USC Sec. 13365 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13365. Coal fuel mixtures

-STATUTE-

Within one year following October 24, 1992, the Secretary shall

submit a report to the Committee on Energy and Commerce and the

Committee on Science, Space, and Technology of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate on the status of technologies for combining coal with

other materials, such as oil or water fuel mixtures. The report

shall include -

(1) a technical and economic feasibility assessment of such

technologies;

(2) projected developments in such technologies;

(3) an assessment of the market potential of such technologies,

including the potential to displace imported crude oil and

refined petroleum products;

(4) identification of barriers to commercialization of such

technologies; and

(5) recommendations for addressing barriers to

commercialization.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1336, Oct. 24, 1992, 106 Stat.

2985.)