§ 3806. — 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: 15USC3806]
TITLE 15--COMMERCE AND TRADE
CHAPTER 64--METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 3806. Demonstrations
(a) Development of data assessing current state-of-the-art
Not later than January 1, 1982, the Secretary shall develop data
assessing the current state-of-the-art with respect to vehicles fueled
by methane to serve as baseline data to be utilized in evaluating
improvements in methane-fueled vehicle technologies.
(b) Guidelines; promulgation, criteria, scope, etc.
Not later than April 1, 1982, the Secretary shall have promulgated
necessary and appropriate guidelines for demonstrations and issued an
initial request for proposals for technical and financial assistance to
support public and private entities in developing and implementing
demonstration projects to gather data on the operation of methane-fueled
vehicles and methane transmission, storage, and dispensing facilities,
under differing climatic, atmospheric, and operating conditions and on
design and technical modifications of those vehicles and facilities:
(1) In the case of public entities, the Secretary is authorized
to provide--
(A) technical assistance reasonably associated with the
modification or acquisition of vehicles to be fueled by methane
or with dual fuel capacity, the installation of methane
transmission, storage and dispensing facilities, and compliance
with data acquisition and reporting requirements under this
chapter; and
(B) grants to cover up to 50 per centum of reasonable and
necessary costs associated with the installation of methane
transmission, storage and dispensing facilities: Provided, That
the Secretary shall be authorized to direct and require
recipients of assistance under this section to enter into
cooperative agreements for the planning and use of such
facilities with other recipients of assistance under this
section, under a cost-sharing agreement where appropriate and
economical.
(2)(A) In the case of private entities, the Secretary is
authorized to provide--
(i) technical assistance reasonably associated with the
modification or acquisition of vehicles to be fueled by methane
or with dual fuel capacity, the installation of methane
transmission, storage and dispensing facilities, and compliance
with data acquisition and reporting requirements under this
chapter; and
(ii) loans to cover up to 50 per centum of reasonable and
necessary costs associated with the installation of methane
transmission, storage and dispensing facilities: Provided, That
the Secretary shall be authorized to direct and require
recipients of assistance under this section to enter into
cooperative agreements for the planning and use of such
facilities with other recipients of assistance under this
section, under a cost-sharing agreement where appropriate and
economical.
(B) Loans issued under this section shall bear interest at such
rate as the Secretary may determine, giving consideration to the
needs and capacities of the recipient and the prevailing rates of
interest (public and private), except that such rate shall not be
less than a rate determined by the Secretary of the Treasury, taking
into consideration the current average yield on outstanding
marketable obligations of the United States with remaining periods
of maturity comparable to the average maturities of such loans. No
loan shall be made unless the Secretary shall have determined that
there is reasonable prospect of repayment.
(C) The terms and conditions of loans issued under this section
shall take into account the scope of the particular demonstration
and any particular conditions which might reasonably be expected to
result in additional costs to the recipient, and shall reflect the
relative costs of gasoline and diesel fuel and methane and the
projected savings in fuel costs to the recipient as a result of
participating in the demonstration. In no instance shall a loan
issued under this section be for a period in excess of five years.
(3) The Secretary shall provide for appropriate assistance to
defray costs associated with complying with data acquisition and
reporting requirements under this chapter.
(4) In the case of an organization comprised of both public and
private entities, a package of technical and financial assistance
shall be designed to the maximum extent feasible, in such a manner
as to assist its public components as provided for in paragraph (1)
and to assist its private components as provided for in paragraph
(2) of this section.
(c) Fiscal year limitations
Not fewer than fifty demonstrations shall be assisted under this
section with not fewer than ten being initiated in the fiscal year
ending September 30, 1982, and not fewer than twenty being initiated in
each of the fiscal years ending September 30, 1983, and September 30,
1984. In the case of demonstrations initiated under this chapter after
the first fiscal year in which demonstrations are funded, the Secretary
shall ascertain that plans for such demonstrations take into
consideration information and findings included in reports filed on
other demonstrations assisted under this chapter.
(d) Duration; recordkeeping requirements
Each demonstration shall have a duration of at least three years
during which time records including, but not limited to, fuel efficiency
indicators, emissions data, repair statistics, and detailed reports of
any accidents, shall be maintained and reports made to the Secretary in
accordance with guidelines promulgated by the Secretary prior to
issuance of the first loan or grant under this section and amended no
more often than twice annually.
(e) Selection of proposed demonstrations; discretionary and mandatory
criteria
In selecting proposed demonstrations to be supported under this
section, the Secretary shall, to the maximum extent practicable, assure
representation of diverse operating conditions and vehicle types
including, but not limited to--
(1) altitude and topography,
(2) climatic conditions,
(3) air quality conditions,
(4) industrial, commercial, and agricultural uses,
(5) varying vehicular structures, and
(6) average trip lengths:
Provided, however, That not fewer than two demonstrations initiated in
each year shall be located in a county or standard metropolitan
statistical area designated by the Secretary upon recommendation of the
Administrator of the Environmental Protection Agency based on severity
or uniqueness of air quality conditions: And provided further, That the
fleet or portions of fleets participating in each demonstration with
funding under this chapter shall consist of not fewer than fifty
vehicles except in the case of one demonstration each year involving
methane-fueled off-road agricultural equipment.
(Pub. L. 96-512, Sec. 7, Dec. 12, 1980, 94 Stat. 2830.)
Section Referred to in Other Sections
This section is referred to in sections 3804, 3807, 3809 of this
title.
