42 U.S.C. § 13235 : US Code - Section 13235: State and local incentives programs

Search 42 U.S.C. § 13235 : US Code - Section 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 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;
(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 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
(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) 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
(C) such other factors as the Secretary considers appropriate.
(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).
(c) General provisions
(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;
(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
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.