§ 2506. — Demonstrations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2506]
TITLE 15--COMMERCE AND TRADE
CHAPTER 52--ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 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.
(Pub. L. 94-413, Sec. 7, Sept. 17, 1976, 90 Stat. 1263; Pub. L. 95-91,
title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577; Pub. L. 95-238,
title VI, Sec. 601, Feb. 25, 1978, 92 Stat. 91; Pub. L. 96-470, title I,
Sec. 105, Oct. 19, 1980, 94 Stat. 2238; Pub. L. 97-375, title I,
Sec. 106(b), Dec. 21, 1982, 96 Stat. 1820; Pub. L. 103-437,
Sec. 5(d)(1), Nov. 2, 1994, 108 Stat. 4582.)
Amendments
1994--Subsec. (b)(4). Pub. L. 103-437 substituted ``Committee on
Science, Space, and Technology'' for ``Committee on Science and
Technology''.
1982--Subsec. (e)(1). Pub. L. 97-375 struck out provision that at
the time any determination on the displacement of private procurement of
hybrid vehicles was made, that Secretary of Energy transmit such
determination, with relevant supporting information, to the Committee on
Science and Technology of the House and the Committee on Commerce,
Science, and Transportation of the Senate.
1980--Subsec. (c)(4). Pub. L. 96-470 struck out par. (4) which
provided that if the Administrator determines on the basis of his annual
review of the program that at least 200 vehicles cannot be added to the
project during fiscal year 1978, at least 600 during fiscal year 1979,
at least 1,700 during fiscal year 1980, and at least 7,500 in the
aggregate during the fiscal years 1981 through 1984, he immediately
forward a detailed explanation to Congress.
1978--Subsec. (b)(3). Pub. L. 95-238, Sec. 601(a), struck out
requirement that rules promulgated under par. (1) be amended not later
than 6 months prior to the date for contracts specified in subsec.
(c)(2) of this section.
Subsec. (b)(4). Pub. L. 95-238, Sec. 601(b), substituted provisions
relating to transmission of standards developed under par. (1) and all
revised standards established in connection with the demonstrations
specified in subsec. (c)(2) of this section, for provisions relating to
transmission of standards developed under par. (1) as revised and
currently in effect prior to contracts for the production of vehicles
under subsec. (c)(2) of this section.
Subsec. (c). Pub. L. 95-238, Sec. 601(c), in par. (1) substituted
provisions relating to the first contracts for purchase or lease of
vehicles and delivery of such vehicles, for provisions relating to
contracts for the purchase or lease of 2,500 vehicles and delivery of
such vehicles within 39 months after Sept. 17, 1976, in par. (2)
substituted provisions relating to contracts for the purchase or lease
of additional vehicles which satisfy amended performance standards and
are improvements in the state-of-the-art and criteria for
demonstrations, for provisions relating to contracts for the purchase or
lease of 5,000 advanced vehicles and delivery of such vehicles within 72
months after Sept. 17, 1976, with an extention of the delivery period
for 6 additional months, and added pars. (3) and (4).
Change of Name
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.
Transfer of Functions
``Secretary of Energy'' substituted for ``Administrator'' in
subsecs. (a), (b)(1), (2), (d), and (e) pursuant to section 301(a) of
Pub. L. 95-91, see Codification note set out under section 2502 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 2507, 2510, 2512 of this
title; title 42 section 2473.
