42 U.S.C. § 13235 — State and local incentives programs

Page 8531 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13235 1 So in original. Probably should be ‘‘guidelines’’. § 13233. Data acquisition program (a) Not later than one year after October 24, 1992, the Secretary, through the Energy Infor- mation Administration, and in cooperation with appropriate State, regional, and local authori- ties, 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 driv- en 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, includ- ing rail and other forms of mass transit; (3) cost, performance, environmental, en- ergy, and safety data on alternative fuels and alternative fueled vehicles; and (4) other appropriate demographic informa- tion 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 vehi- cles, and State or local governmental entities, to determine the types of data to be collected and analyzed under subsection (a). (Pub. L. 102–486, title IV, § 407, Oct. 24, 1992, 106 Stat. 2881.) § 13234. Federal Energy Regulatory Commission authority to approve recovery of certain ex- penses in advance (a) Natural gas motor vehicles The Federal Energy Regulatory Commission may, under section 717c of title 15, allow recov- ery of expenses in advance by natural-gas com- panies for research, development, and dem- onstration activities by the Gas Research Insti- tute for projects on the use of natural gas, in- cluding fuels derived from natural gas, for trans- portation, and projects on the use of natural gas to control pollutants and to control emissions from the combustion of other fuels, if the Com- mission finds that the benefits, including envi- ronmental benefits, to existing and future rate- payers resulting from such activities exceed all direct costs to existing and future ratepayers. To the maximum extent practicable, through the establishment of cofunding requirements ap- plicable 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 re- sources, 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 recov- ery of expenses in advance by electric utilities for research, development, and demonstration activities by the Electric Power Research Insti- tute for projects on electric motor vehicles, if the Commission finds that the benefits, includ- ing environmental benefits, to existing and fu- ture ratepayers resulting from such activities exceed all direct costs to existing and future ratepayers. To the maximum extent practicable, through the establishment of cofunding require- ments applicable to each project, the costs of such activities shall be provided, in part, through contributions of cash, personnel, serv- ices, equipment, and other resources, by sources other than the recovery of expenses pursuant to this section. (Pub. L. 102–486, title IV, § 408, Oct. 24, 1992, 106 Stat. 2881.) Editorial Notes CODIFICATION Section is comprised of section 408 of Pub. L. 102–486. Subsec. (c) of section 408 of Pub. L. 102–486 repealed pro- visions of title III of Pub. L. 102–104, formerly set out as a note under section 717c of Title 15, Commerce and Trade. § 13235. State and local incentives programs (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 in- troduction 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 ele- ments, as described in paragraph (3), to be ad- dressed in such plans. (2) The Secretary, after consultation with the Secretary of Transportation and the Adminis- trator of the Environmental Protection Agency, shall invite the Governor of each State to sub- mit to the Secretary a State plan within one year after the effective date of the regulations issued under paragraph (1). Such plan shall in- clude— (A) provisions designed to result in sched- uled progress toward, and achievement of, the goal of introducing substantial numbers of al- ternative fueled vehicles in such State by the year 2000; and (B) a detailed description of the require- ments, including the estimated cost of imple- mentation, of such plan. (3) Each proposed State plan, in order to be el- igible for Federal assistance under this section, shall describe the manner in which coordination shall be achieved with Federal and local govern- mental 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 ve- hicles into State-owned or operated motor ve- hicle fleets; Page 8532 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13235 (C) special parking at public buildings and airport and 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 gov- ernments 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 op- erate on alternative fuels; and (iii) installing alternative fuel fueling fa- cilities, but only to the extent that the inclusion of such costs in rates would not create competi- tive disadvantages for other market partici- pants, and taking into consideration the effect inclusion of such costs would have on rates, service, and reliability to other utility cus- tomers; (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 author- ized 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, in- cluding model State laws and proposed regula- tions relating to alternative fueled vehicles; (B) grants of Federal financial assistance for the purpose of assisting such State in the im- plementation of such plan or any part thereof; and (C) grants of Federal financial assistance for the acquisition of alternative fueled vehicles. (2) In determining whether to approve a State plan submitted under subsection (a), and in de- termining the amount of Federal financial as- sistance, 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 in- troduction and use of alternative fueled vehi- cles included in the plan compared to conven- tional 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 (C) such other factors as the Secretary con- siders appropriate. (3) The Secretary, in consultation with the Ad- ministrator 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) unless the State agrees to provide at least 20 percent of the cost of activities for which assistance is pro- vided under paragraph (1). (c) General provisions (1) In carrying out this section, the Secretary shall consult with the Secretary of Transpor- tation on matters relating to transportation and with other appropriate Federal and State de- partments 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 oper- ation 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; (C) a description of Federal, State, and local programs undertaken in the various States, whether pursuant to a State plan under this section or not, to provide incentives for intro- duction of alternative fueled vehicles; (D) an estimate of the energy and environ- mental benefits of the program; and (E) the recommendations of the Secretary, if any, for additional action by the Federal Gov- ernment. (d) Definitions For the purposes of this section, the following definitions apply: (1) Governor The term ‘‘Governor’’ means the chief execu- tive of a State. (2) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, the United States Vir- gin Islands, Guam, American Samoa, the Com- monwealth 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. (Pub. L. 102–486, title IV, § 409, Oct. 24, 1992, 106 Stat. 2882.) Editorial Notes 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 classi- fication of this Act to the Code, see Short Title of 1991 Amendment note set out under section 101 of Title 49, Transportation, and Tables. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(2) of this section relating to annual re- Page 8533 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13238 1 See References in Text note below. ports 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. § 13236. Alternative fuel bus program (a) Cooperative agreements and joint ventures (1) The Secretary of Transportation, in con- sultation with the Secretary, may enter into co- operative agreements and joint ventures pro- posed by any municipal, county, or regional transit authority in an urban area with a popu- lation over 100,000 (according to latest available census information) to demonstrate the feasi- bility of commercial application, including safe- ty 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 ven- tures under paragraph (1) may include inter- ested or affected private firms willing to provide assistance in cash, or in kind, for any such dem- onstration. (3) Federal assistance provided under coopera- tive agreements and joint ventures entered into under paragraph (1) to demonstrate the feasi- bility of commercial application of using alter- native 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 ven- ture under subsection (a) with any municipal, county, or regional transit authority, unless such government body agrees to provide 20 per- cent 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. (c) School buses The Secretary of Transportation may also pro- vide, 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 any State or the District of Columbia for the pur- pose of meeting the incremental costs of school buses that are dedicated vehicles and used regu- larly for such transportation during the school term. Such costs may include the purchase and installation of alternative fuel refueling facili- ties 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 po- litical subdivision, upon the request of the agen- cy, municipality, or political subdivision, and who, under such contract, provides for such transportation. Any conversion under this sub- section shall comply with the warranty and safety requirements for alternative fuel conver- sions 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. (Pub. L. 102–486, title IV, § 410, Oct. 24, 1992, 106 Stat. 2884.) Editorial Notes 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 trans- lated 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, § 229(a), 104 Stat. 2523, to reflect the probable intent of Con- gress, 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. § 13237. Certification of training programs The Secretary shall ensure that the Federal Government establishes and carries out a pro- gram 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 ve- hicles. A training program shall not be certified under the program established under this sec- tion unless it provides technicians with instruc- tion on the proper and safe installation proce- dures and techniques, adherence to specifica- tions (including original equipment manufac- turer specifications), motor vehicle operating procedures, emissions testing, and other appro- priate 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. (Pub. L. 102–486, title IV, § 411, Oct. 24, 1992, 106 Stat. 2885.) § 13238. Alternative fuel use in nonroad vehicles and engines (a) Nonroad vehicles and engines (1) The Secretary shall conduct a study to de- termine 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 alter- native fuels. Taking into account the nonroad vehicles and engines for which running on alter- native fuels is feasible, the study shall assess the potential reduction in reliance on foreign energy sources that could be achieved if such ve- hicles 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