
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: 42USC13282]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                 SUBCHAPTER IV--ELECTRIC MOTOR VEHICLES
 
     Part A--Electric Motor Vehicle Commercial Demonstration Program
 
Sec. 13282. Selection of proposals


(a) Selection

    (1) The Secretary, in consultation with the Secretary of 
Transportation, the Secretary of Commerce, and the Administrator of the 
Environmental Protection Agency, shall, not later than 120 days after 
the closing date, as established by the Secretary, for receipt of 
proposals under section 13281 of this title, select at least one, but 
not more than 10, proposals to receive financial assistance under 
section 13283 of this title.
    (2) The Secretary may select more than 10 proposals under this 
section, if the Secretary determines that the total amount of available 
funds is not likely to be otherwise utilized.
    (3) Any proposal selected under paragraph (1) must satisfy the 
limitations set forth in section 13283(c) of this title.
    (4) No one project selected under this section shall receive more 
than 25 percent of the funds authorized under section 13286 of this 
title.
    (5) A demonstration project may not include electric motor vehicles 
in more than one eligible metropolitan area, unless the total number of 
electric motor vehicles in that project is equal to, or greater than, 
100.

(b) Criteria

    In selecting a proposal and in negotiating financial assistance 
under this section, the Secretary shall consider--
        (1) the ability of the manufacturer, directly, indirectly, or in 
    combination with the proposer, to develop, assist in the 
    demonstration of, manufacture, distribute, sell, provide warranties 
    for, service, and ensure the continued availability of parts for, 
    electric motor vehicles in the demonstration project;
        (2) the geographic and climatic diversity of the eligible 
    metropolitan area or areas in which the demonstration project is to 
    be undertaken, when considered in combination with other proposals 
    and other selected demonstration projects;
        (3) the long-term technical and competitive viability of the 
    electric motor vehicles;
        (4) the suitability of the electric motor vehicles for their 
    intended uses;
        (5) the environmental effects of the use of the proposed 
    electric motor vehicles;
        (6) the price differential and the proposed discount payment;
        (7) the extent of involvement of State or local government and 
    other persons in the demonstration project, and whether such 
    involvement will--
            (A) permit a reduction of the Federal cost share per 
        vehicle; or
            (B) otherwise be used to allow the Federal contribution to 
        be provided for a greater number of electric motor vehicles;

        (8) the proportion of domestic content of the electric motor 
    vehicles and associated equipment;
        (9) the safety of the electric motor vehicles; and
        (10) such other criteria as the Secretary considers appropriate.

(c) Conditions

    The Secretary shall require that--
        (1) as a part of a demonstration project, the user or users of 
    the electric motor vehicles will provide to the proposer and the 
    manufacturer information regarding the operation, maintenance, 
    performance, and use of the electric motor vehicles for 5 years 
    after the beginning of the demonstration project;
        (2) the proposer shall provide to the Secretary such information 
    regarding the operation, maintenance, performance, and use of the 
    electric motor vehicles as the Secretary may request during the 
    period of the demonstration project;
        (3) in the case of a demonstration project including automobiles 
    or light duty trucks, the number of electric motor vehicles to be 
    included in the demonstration project shall be no less than 50, 
    except that the Secretary may select a demonstration project with 
    fewer than 50 electric motor vehicles if the Secretary determines 
    that selection of such a proposal will ensure that there is 
    geographic or climatic diversity among the proposals selected and 
    that an adequate demonstration to accelerate the development and use 
    of electric motor vehicles can be undertaken with fewer than 50 
    electric motor vehicles; and
        (4) the procurement practices of the manufacturer do not 
    discriminate against United States producers of vehicle parts.

(Pub. L. 102-486, title VI, Sec. 612, Oct. 24, 1992, 106 Stat. 2901.)
