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U.S. Code as of:
01/19/04
Section 2506. Demonstrations
(a) Data development; baseline data; acquisition of vehicles
Within 12 months after September 17, 1976, the Secretary of
Energy shall develop data characterizing the present
state-of-the-art with respect to electric and hybrid vehicles. The
data so developed shall serve as baseline data to be utilized in
order (1) to compare improvements in electric and hybrid vehicle
technologies; (2) to assist in establishing the performance
standards under subsection (b)(1) of this section; and (3) to
otherwise assist in carrying out the purposes of this section. In
developing any such data, the Secretary of Energy shall purchase or
lease a reasonable number of such vehicles or enter into such other
arrangements as the Secretary of Energy deems necessary to carry
out the purposes of this subsection.
(b) Performance standards; factors considered; vehicle uses;
revision; transmission of standards to Congress
(1) Within 15 months after September 17, 1976, the Secretary of
Energy shall promulgate rules establishing performance standards
for electric and hybrid vehicles to be purchased or leased pursuant
to subsection (c)(1) of this section. The standards so developed
shall take into account the factors of energy conservation, urban
traffic characteristics, patterns of use for "second" vehicles,
consumer preferences, maintenance needs, battery recharging
characteristics, agricultural requirements, materials demand and
their ability to be recycled, vehicle safety and insurability,
cost, and other relevant considerations, as such factors and
considerations particularly apply to or affect vehicles with
electric or hybrid propulsion systems. Such standards are to be
developed taking into account (A) the best current
state-of-the-art, and (B) reasonable estimates as to the future
state-of-the-art, based on projections of results from the research
and development conducted under section 2505 of this title. In
developing such standards, the Secretary of Energy shall consult
with appropriate experts concerning design needs for electric and
hybrid vehicles which are compatible with long-range urban
planning, traffic management, and vehicle safety.
(2) Separate performance standards shall be established under
subsection (b)(1) of this section with respect to (A) electric or
hybrid vehicles for personal use, and (B) commercial electric or
hybrid vehicles. Such performance standards shall represent the
minimum level of performance which is required with respect to any
vehicles purchased or leased pursuant to subsection (c) of this
section. Initial performance standards under subsection (b)(1) of
this section shall be set at such levels as the Secretary of Energy
determines are necessary to promote the acquisition and use of such
vehicles for transportation purposes which are within the
capability (as determined by the Secretary of Energy) of electric
and hybrid vehicles.
(3) Such performance standards shall be revised, by rule,
periodically as the state-of-the-art improves.
(4) The Secretary of Energy shall transmit to the Speaker of the
House of Representatives and the President of the Senate, and to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate, the performance standards developed under paragraph
(1) and all revised performance standards established in connection
with the demonstrations specified in subsection (c)(2) of this
section.
(c) Contracts for vehicle purchase or lease; delivery requirements;
demonstration criteria and duration; availability of information
for leasing and procurements
(1) The Secretary of Energy shall, within 6 months after the date
of promulgation of performance standards pursuant to subsection
(b)(1) of this section, institute the first contracts for the
purchase or lease of electric or hybrid vehicles which satisfy the
performance standards set forth under subsection (b)(1) of this
section. The delivery of such vehicles shall be completed according
to the expedited best effort of the administering agency and the
selected manufacturer. To the extent practicable, vehicles
purchased or leased under such contracts shall represent a
cross-section of the available technologies and of actual or
potential vehicle use.
(2) Thereafter, according to a planned schedule, the Secretary of
Energy shall contract for the purchase or lease of additional
electric or hybrid vehicles which satisfy amended performance
standards and represent continuing improvements in
state-of-the-art. In conducting demonstrations, the Secretary of
Energy shall consider -
(A) the need and intent of the Congress to stimulate and
encourage private sector production as well as public knowledge,
acceptance, and use of electric and hybrid vehicles; and
(B) demonstration of varying degrees of vehicle operations,
management, and control for maximum widespread effectiveness and
exposure to public use.
(3) The demonstration period shall extend through the fiscal year
1986, with purchase or leasing continuing through the fiscal year
1984. During the demonstration period the Secretary of Energy shall
demonstrate 7,500 to 10,000 electric and hybrid vehicles. No more
than 400 vehicles may be procured for this purpose during fiscal
year 1978. In order to allow industry time for advanced planning,
the size and nature of projected electric and hybrid vehicle
leasing and procurements will be made public by the administering
agency. Publications under the preceding sentence (each covering a
period of two years) shall be released annually starting at an
appropriate time in the fiscal year 1978.
(d) Arrangements for the demonstration of vehicles
The Secretary of Energy, in supervising the demonstration of
vehicles acquired under subsection (c) of this section, shall make
such arrangements as may be necessary or appropriate -
(1)(A) to make such vehicles available to Federal agencies and
to State or local governments and other persons for individual or
business use (including farms). The individuals and businesses
involved shall be selected by an equitable process which assures
that the Secretary of Energy will receive accurate and adequate
data on vehicle performance, including representative
geographical and climatological information and data on user
reaction to the utilization of electric and hybrid vehicles. Such
individuals and businesses shall be given the option of
purchasing or leasing such vehicles under terms and conditions
which will promote their widespread use;
(B) to pay the differential operating costs of such vehicles to
the extent necessary to assure the adequate demonstration of such
vehicles;
(2) for demonstration maintenance projects, including
maintenance organization and equipment needs and model training
projects for maintenance procedures; and
(3) for the dissemination of data on electric and hybrid
vehicle safety and operating characteristics (including
nontechnical descriptive data which shall be made available by
the Government Printing Office) (A) to Federal, State, and local
consumer affairs agencies and groups; (B) to Federal, State, and
local agricultural and rural agencies and groups; and (C) to the
public.
(e) Displacement of private procurement; reports to congressional
committees; reduction of number purchased
(1) At least 60 days prior to entering into any contract for the
purchase or lease of any electric or hybrid vehicle under
subsection (c)(1) of this section or any advanced electric or
hybrid vehicle under subsection (c)(2) of this section, the
Secretary of Energy shall determine (A) if the purchase or lease of
the number of such vehicles specified in such subsection (c)(1) or
(c)(2) of this section will, with high probability, displace the
normal level of private procurement of such vehicles which would
conform to the applicable performance standards promulgated
pursuant to subsection (b) of this section and which would be used
in the United States, and (B) if such displacement will occur, the
necessary extent of such displacement in order to carry out the
purposes of this chapter.
(2) The Secretary of Energy shall reduce the number of vehicles
for which he shall contract for the purchase or lease under
subsection (c)(1) or (c)(2) of this section by the number
determined under subsection (e)(1)(A) of this section as modified
by subsection (e)(1)(B) of this section, except in no event shall
he contract for the purchase or lease pursuant to subsection (c)(1)
of this section of less than 1,000 electric or hybrid vehicles, and
in no event shall he contract for the purchase or lease pursuant to
subsection (c)(2) of this section of less than 2,500 advanced
electric or hybrid vehicles unless he determines on the basis of
responses to the solicitations for proposals for such contracts,
under the provisions of subsections (c)(1) and (c)(2) of this
section that lesser numbers of such vehicles which satisfy the
applicable performance standards will be available within the
delivery periods. All other provisions of subsection (c) of this
section shall apply.
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