
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13258]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
 SUBCHAPTER III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE 
             FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
 
Sec. 13258. Credits


(a) In general

    The Secretary shall allocate a credit to a fleet or covered person 
that is required to acquire an alternative fueled vehicle under this 
subchapter, if that fleet or person acquires an alternative fueled 
vehicle in excess of the number that fleet or person is required to 
acquire under this subchapter or acquires an alternative fueled vehicle 
before the date that fleet or person is required to acquire an 
alternative fueled vehicle under such subchapter.

(b) Allocation

    In allocating credits under subsection (a) of this section, the 
Secretary shall allocate one credit for each alternative fueled vehicle 
the fleet or covered person acquires that exceeds the number of 
alternative fueled vehicles that fleet or person is required to acquire 
under this subchapter or that is acquired before the date that fleet or 
person is required to acquire an alternative fueled vehicle under such 
subchapter. In the event that a vehicle is acquired before the date 
otherwise required, the Secretary shall allocate one credit per vehicle 
for each year the vehicle is acquired before the required date. The 
credit shall be allocated for the same type vehicle as the excess 
vehicle or earlier acquired vehicle.

(c) Use of credits

    At the request of a fleet or covered person allocated a credit under 
this section, the Secretary shall treat the credit as the acquisition of 
one alternative fueled vehicle of the type for which the credit is 
allocated in the year designated by that fleet or person when 
determining whether that fleet or person has complied with this 
subchapter in the year designated. A credit may be counted toward 
compliance for only one year.

(d) Transferability

    A fleet or covered person allocated a credit under this section or 
to whom a credit is transferred under this section, may transfer freely 
the credit to another fleet or person who is required to comply with 
this subchapter. At the request of the fleet or person to whom a credit 
is transferred, the Secretary shall treat the transferred credit as the 
acquisition of one alternative fueled vehicle of the type for which the 
credit is allocated in the year designated by the fleet or person to 
whom the credit is transferred when determining whether that fleet or 
person has complied with this subchapter in the year designated. A 
transferred credit may be counted toward compliance for only one year. 
In the case of the alternative fuel provider program under section 13251 
of this title, a transferred credit may be counted toward compliance 
only if the requirement of section 13251(a)(4) of this title is met.

(Pub. L. 102-486, title V, Sec. 508, Oct. 24, 1992, 106 Stat. 2897.)

                  Section Referred to in Other Sections

    This section is referred to in section 13220 of this title.
