
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13235]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
         SUBCHAPTER II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS
 
Sec. 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.
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    \1\ So in original. Probably should be ``guidelines''.
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    (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.

(Pub. L. 102-486, title IV, Sec. 409, Oct. 24, 1992, 106 Stat. 2882.)

                       References in Text

    The Intermodal Surface Transportation Efficiency Act of 1991, 
referred to in subsec. (a)(3)(K), is Pub. L. 102-240, Dec. 18, 1991, 105 
Stat. 1914. For complete classification of this Act to the Code, see 
Short Title of 1991 Amendment note set out under section 101 of Title 
49, Transportation, and Tables.
