S 1001

112th CONGRESS
1st Session

S. 1001

To reduce oil consumption and improve energy security, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 16, 2011

Mr. WYDEN (for himself and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To reduce oil consumption and improve energy security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Alternative Fuel Vehicles Competitiveness and Energy Security Act of 2011'.

    (b) Table of Contents- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE DEVELOPMENT

      Sec. 101. Loan guarantees for alternative fuel infrastructure.

      Sec. 102. Advanced technology vehicles manufacturing incentive program.

      Sec. 103. Conventional fuel replacement calculation and assessment.

      Sec. 104. Technical assistance and coordination.

      Sec. 105. Workforce training.

      Sec. 106. Reduction of engine idling and conventional fuel consumption.

      Sec. 107. Electric and natural gas utility and oil pipeline participation.

      Sec. 108. HOV lane access extension.

      Sec. 109. Research, development, and demonstration.

TITLE II--FUNDING AND OFFSETS

      Sec. 201. Authorization of appropriations.

      Sec. 202. Strategic Petroleum Reserve.

      Sec. 203. Transfers.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) ALTERNATIVE FUEL- The term `alternative fuel' has the meaning given the term in section 30B(e)(4) of the Internal Revenue Code of 1986.

      (2) ALTERNATIVE FUEL VEHICLE- The term `alternative fuel vehicle' means--

        (A) a new qualified alternative fuel motor vehicle (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986);

        (B) a mixed-fuel vehicle (as defined in section 30B(e)(5)(B) of that Code);

        (C) a new qualified plug-in electric drive motor vehicle (as defined in section 30D(d) of that Code); or

        (D) a nonroad vehicle manufactured to primarily use an alternative fuel.

      (3) COMMUNITY COLLEGE- The term `community college' has the meaning given the term `junior or community college' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058).

      (4) DEPARTMENT- The term `Department' means the Department of Energy.

      (5) NONROAD VEHICLE-

        (A) IN GENERAL- The term `nonroad vehicle' means a vehicle that is not licensed for onroad use.

        (B) INCLUSIONS- The term `nonroad vehicle' includes a vehicle described in subparagraph (A) that is used principally--

          (i) for industrial, farming, or commercial use;

          (ii) for rail transportation;

          (iii) at an airport; or

          (iv) for marine purposes.

      (6) SECRETARY- The term `Secretary' means the Secretary of Energy.

TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE DEVELOPMENT

SEC. 101. LOAN GUARANTEES FOR ALTERNATIVE FUEL INFRASTRUCTURE.

    (a) In General- Section 1703(a) of the Energy Policy Act of 2005 (42 U.S.C. 16513(a)) is amended--

      (1) in paragraph (1), by striking `and' after the semicolon at the end;

      (2) by redesignating paragraph (2) as paragraph (3); and

      (3) by inserting after paragraph (1) the following:

      `(2) reduce oil imports through the use of alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); and'.

    (b) Categories- Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the following:

      `(11) The production and distribution of--

        `(A) alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); or

        `(B) advanced biofuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))).'.

SEC. 102. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

    Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--

      (1) in subsection (a)--

        (A) in paragraph (1)--

          (i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;

          (ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking `means an ultra efficient vehicle or a light duty vehicle that meets--' and inserting `means--

        `(A) an ultra efficient vehicle or a light duty vehicle that meets--';

          (iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and

          (iv) by adding at the end the following:

        `(B) a vehicle (such as a medium-duty or heavy-duty work truck, bus, or rail transit vehicle) that--

          `(i) is used on a public street, road, highway, or transitway;

          `(ii) meets each applicable emission standard that is established as of the date of the application; and

          `(iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that--

            `(I) the percentage is not achievable for a vehicle type or class; and

            `(II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States; and

        `(C) an alternative fuel vehicle (as defined in section 2 of the Alternative Fuel Vehicles Competitiveness and Energy Security Act of 2011) that--

          `(i) meets each applicable emission standard that is established as of the date of the application; and

          `(ii) will reduce consumption of conventional fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that--

            `(I) the percentage is not achievable for a vehicle type or class; and

            `(II) an alternative percentage for that vehicle type or class will result in substantial reductions in conventional fuel consumption within the United States.';

        (B) in paragraph (3)(B)--

          (i) by striking `equipment and' and inserting `equipment,'; and

          (ii) by inserting `, and manufacturing process equipment' after `suppliers'; and

        (C) by striking paragraph (4) and inserting the following:

      `(4) QUALIFYING COMPONENTS- The term `qualifying components' means components, systems, or groups of subsystems that the Secretary determines--

        `(A) to be designed to improve fuel economy or the substitution of conventional fuel with--

          `(i) alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); or

          `(ii) advanced biofuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); or

        `(B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies.';

      (2) in subsection (b), in the matter preceding paragraph (1), by striking `to automobile' and inserting `to advanced technology vehicle';

      (3) in subsection (d)(1), in the first sentence, by striking `a total of not more than $25,000,000,000 in';

      (4) in subsection (h)--

        (A) in the subsection heading, by striking `Automobile' and inserting `Advanced Technology Vehicle'; and

        (B) in paragraph (1)(B), by striking `automobiles' each place it appears and inserting `advanced technology vehicles'; and

      (5) in subsection (i), by striking `2012' and inserting `2016'.

SEC. 103. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND ASSESSMENT.

    (a) Methodology- Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fuel vehicles in reducing oil imports.

    (b) National Assessment- Not later than 3 years after the date of enactment of this Act, the Secretary shall--

      (1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fuel vehicles in reducing oil imports into the United States, including as assessment of--

        (A) market penetration of alternative fuel and alternative fuel vehicles in the United States;

        (B) successes and barriers to deployment identified by the programs established under this Act; and

        (C) the maximum feasible deployment of alternative fuel and alternative fuel vehicles by 2020 and 2030; and

      (2) report to Congress the results of the assessment.

SEC. 104. TECHNICAL ASSISTANCE AND COORDINATION.

    (a) Technical Assistance to State, Local, and Tribal Governments-

      (1) IN GENERAL- In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fuel vehicles and infrastructure.

      (2) PUBLIC-PRIVATE PARTNERSHIP- Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including--

        (A) electric or natural gas utilities or other alternative fuel distributors;

        (B) vehicle manufacturers;

        (C) alternative fuel vehicle or alternative fuel technology providers;

        (D) vehicle fleet owners;

        (E) transportation and freight service providers; or

        (F) other appropriate non-Federal entities, as determined by the Secretary.

      (3) ASSISTANCE- The technical assistance described in paragraph (1) may include--

        (A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available;

        (B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems;

        (C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment;

        (D) education and outreach for the deployment of alternative fuel and alternative fuel vehicles; and

        (E) utility rate design and integration of alternative fuel vehicles into electric and natural gas utility distribution systems.

    (b) Cost Sharing- Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

    (c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2012 through 2016.

SEC. 105. WORKFORCE TRAINING.

    (a) Workforce Training-

      (1) IN GENERAL- The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for--

        (A) the manufacture and maintenance of alternative fuel vehicles; and

        (B) the manufacture and installation and inspection of alternative fuel recharging, refueling, and distribution infrastructure.

      (2) PURPOSE- Training funded under this subsection shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fuel vehicles.

      (3) SCOPE- Training funded under this subsection shall include training for--

        (A) electricians, plumbers, pipefitters, and other trades and contractors who will be installing alternative fuel recharging, refueling, and distribution infrastructure;

        (B) building code inspection officials;

        (C) vehicle, engine, and powertrain dealers and mechanics; and

        (D) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles.

    (b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2012 through 2016.

SEC. 106. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL CONSUMPTION.

    (a) Definition of Idle Reduction Technology- Section 756(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 16104(a)(5)) is amended--

      (1) in subparagraph (A), by striking `and' after the semicolon at the end;

      (2) in subparagraph (B), by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

        `(C) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions.'.

    (b) Funding- Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) and (ii) by striking `fiscal year 2008' each place it appears and inserting `each of fiscal years 2008 through 2016'.

SEC. 107. ELECTRIC AND NATURAL GAS UTILITY AND OIL PIPELINE PARTICIPATION.

    (a) In General- The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including--

      (1) model regulatory rate design and billing for recharging and refueling alternative fuel vehicles;

      (2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power;

      (3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems;

      (4) technical and economic barriers to transshipment of biofuels by oil pipelines; and

      (5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure.

    (b) Consultation- The Secretary shall carry out this section in consultation with--

      (1) the Federal Energy Regulatory Commission;

      (2) State public utility commissions;

      (3) State consumer advocates;

      (4) electric and natural gas utility and transmission owners and operators;

      (5) oil pipeline owners and operators; and

      (6) other affected entities.

    (c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section.

SEC. 108. HOV LANE ACCESS EXTENSION.

    Section 166(b)(5) of title 23, United States Code, is amended--

      (1) in subparagraph (A), by striking `Before September 30, 2009, the State' and inserting `The State'; and

      (2) in subparagraph (B), by striking `Before September 30, 2009, the State' and inserting `The State'.

SEC. 109. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    (a) Research, Development, and Demonstration-

      (1) IN GENERAL- The Secretary, in consultation with the Secretary of Defense, the Secretary of Commerce, and the Secretary of Transportation, shall support research, development, and demonstration of alternative fuel vehicles and charging and refueling technology, including support for the manufacture and deployment of those vehicles and technologies, that will--

        (A) allow the United States to meet or exceed the petroleum import reduction goals of this Act;

        (B) develop technologies that minimize life-cycle energy use in the production and distribution of alternative fuels; and

        (C) maintain United States technological leadership in alternative vehicle technology.

      (2) USE OF FUNDS- The program may include funding for--

        (A) the development of alternative fuel vehicle technologies, including new technologies for on-board alternative fuel and energy storage and drive train components for vehicles; and

        (B) production and distribution technologies and systems for alternative fuels, including--

          (i) grid connectivity technology for electric vehicles;

          (ii) recycling technology and practicable uses of catalysts;

          (iii) vehicle batteries; and

          (iv) other components after the useful life in a vehicle or alternative fuel production facility.

    (b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2012 through 2016.

TITLE II--FUNDING AND OFFSETS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Except as otherwise provided in this Act, there are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as are necessary.

SEC. 202. STRATEGIC PETROLEUM RESERVE.

    (a) Level- Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking `1 billion barrels of petroleum products' and inserting `the quantity of crude oil and petroleum fuels imported into the United States each year from countries that are not signatories to North American Free Trade Agreement during an average 90-day period during the most recent calendar year for which data are available'.

    (b) Filling Strategic Petroleum Reserve to Capacity- Section 301(e) of the Energy Policy Act of 2005 (42 U.S.C. 6240 note; Public Law 109-58) is amended by striking paragraph (1).

SEC. 203. TRANSFERS.

    (a) Fiscal Year 2009- Of the funds appropriated under section 101 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3574) for the Strategic Petroleum Reserve under the heading `Strategic Petroleum Reserve' of title III of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1959), $31,500,000 is transferred to carry out this Act and the amendments made by this Act.

    (b) Fiscal Year 2010- Of the funds appropriated under the heading `Strategic Petroleum Reserve' of title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2862), $25,000,000 is transferred to carry out this Act and the amendments made by this Act.

    (c) Use of Proceeds- Notwithstanding any other provision of law, any proceeds from the sale or exchange of oil necessary to reach and maintain the authorized capacity established pursuant to section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) and provide for normal maintenance and operation of the Reserve shall be transferred to carry out this Act and the amendments made by this Act.

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