Title 42 — The Public Health and Welfare

Chapter 134 — Energy Policy

§ 13258. Credits

Statutory text

Definitions

In this section:

Fuel cell electric vehicle

The term “fuel cell electric vehicle” means an on-road or non-road vehicle that uses a fuel cell (as defined in section 16152 of this title).

Hybrid electric vehicle

The term “hybrid electric vehicle” means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of title 26).

Medium- or heavy-duty electric vehicle

The term “medium- or heavy-duty electric vehicle” means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross vehicle weight of more than 8,501 pounds.

Neighborhood electric vehicle

The term “neighborhood electric vehicle” means a 4-wheeled on-road or nonroad vehicle that—

has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and

is propelled by an electric motor and on-board, rechargeable energy storage system that is rechargeable using an off-board source of electricity.

Plug-in electric drive vehicle

The term “plug-in electric drive vehicle” means a vehicle that—

draws motive power from a battery with a capacity of at least 4 kilowatt-hours;

can be recharged from an external source of electricity for motive power; and

is a light-, medium-, or heavy duty motor vehicle or nonroad vehicle (as those terms are defined in section 7550 of this title).

In general

Allocation

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.

Electric vehicles

Not later than January 31, 2009, the Secretary shall—

allocate credit in an amount to be determined by the Secretary for—

acquisition of—

a hybrid electric vehicle;

a plug-in electric drive vehicle;

a fuel cell electric vehicle;

a neighborhood electric vehicle; or

a medium- or heavy-duty electric vehicle; and

investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the Secretary; and

allocate more than 1, but not to exceed 5, credits for investment in an emerging technology relating to any vehicle described in subparagraph (A) to encourage—

a reduction in petroleum demand;

technological advancement; and

a reduction in vehicle emissions.

Allocation

In allocating credits under subsection (b), 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.

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.

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.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1992
Energy Policy Act of 1992
Pub. L. 102–486 title V § 508 · 106 Stat. 2776
Enacted · 42 U.S.C. § 13258
Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897
Source evidence
Code source credit
Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897
Enacted provision · exact public law section
SEC. 508. 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 title, 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 title or acquires an alternative fueled vehicle before the date that fleet or person is required to acquire an alternative fueled vehicle under such title. (b) Allocation.— In allocating credits under subsection (a), 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 title or that is acquired before the date that fleet or person is required to acquire an alternative fueled vehicle under such title. 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 title 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 title. 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 title 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 501, a transferred credit may be counted toward compliance only if the requirement of section 501(a)(4) is met.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 133(2) · 121 Stat. 1492
Redesignated · 42 U.S.C. § 13258(a)
Pub. L. 110–140, § 133(2), added subsec. (a). Former subsec. (a) redesignated (b)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–140, § 133(2), added subsec. (a). Former subsec. (a) redesignated (b).
Enacted provision · exact public law section
(2) by inserting before subsection (b) the following: “(a) Definitions.— In this section: “(1) Fuel cell electric vehicle.— The term ‘fuel cell electric vehicle’ means an on-road or non-road vehicle that uses a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)). “(2) Hybrid electric vehicle.— The term ‘hybrid electric vehicle’ means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the Internal Revenue Code of 1986). “(3) Medium- or heavy-duty electric vehicle.— The term ‘medium- or heavy-duty electric vehicle’ means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross vehicle weight of more than 8,501 pounds. “(4) Neighborhood electric vehicle.— The term ‘neighborhood electric vehicle’ means a 4-wheeled on-road or nonroad vehicle that— “(A) has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and “(B) is propelled by an electric motor and on-board, rechargeable energy storage system that is rechargeable using an off-board source of electricity. “(5) Plug-in electric drive vehicle.— The term ‘plug-in electric drive vehicle’ means a vehicle that— “(A) draws motive power from a battery with a capacity of at least 4 kilowatt-hours; “(B) can be recharged from an external source of electricity for motive power; and “(C) is a light-, medium-, or heavy duty motor vehicle or nonroad vehicle (as those terms are defined in section 216 of the Clean Air Act (42 U.S.C. 7550)).” ;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 133(1) · 121 Stat. 1492
1. Redesignated · 42 U.S.C. § 13258(b)
  Pub. L. 110–140, § 133(1), (3), redesignated subsec. (a) as (b)
2. Amended · 42 U.S.C. § 13258(b)
  Pub. L. 110–140, § 133(1), (3), designated existing provisions as par. (1)
3. Inserted · 42 U.S.C. § 13258(b)
  Pub. L. 110–140, § 133(1), (3), inserted par. heading
4. Redesignated · 42 U.S.C. § 13258(b)
  Pub. L. 110–140, § 133(1), (3), added par. (2). Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–140, § 133(1), (3), redesignated subsec. (a) as (b), designated existing provisions as par. (1), inserted par. heading, and added par. (2). Former subsec. (b) redesignated (c).
Enacted provision · exact public law section
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 133(1) · 121 Stat. 1492
1. Redesignated · 42 U.S.C. § 13258(c)
  Pub. L. 110–140, § 133(1), (4), redesignated subsec. (b) as (c)
2. Redesignated · 42 U.S.C. § 13258(c)
  Pub. L. 110–140, § 133(1), (4), substituted “subsection (b)” for “subsection (a)”. Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–140, § 133(1), (4), redesignated subsec. (b) as (c) and substituted “subsection (b)” for “subsection (a)”. Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 133(1) · 121 Stat. 1492
Redesignated · 42 U.S.C. § 13258(d); 42 U.S.C. § 13258(e)
Pub. L. 110–140, § 133(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 110–140, § 133(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively.
Enacted provision · exact public law section
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 133(5) · 121 Stat. 1492
Added · 42 U.S.C. § 13258(f)
Pub. L. 110–140, § 133(5), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–140, § 133(5), added subsec. (f).
Enacted provision · exact public law section
(5) by adding at the end the following: “(f) Authorization of Appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013.” .
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Amendments

2007—Subsec. (a). Pub. L. 110–140, § 133(2), added subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 110–140, § 133(1), (3), redesignated subsec. (a) as (b), designated existing provisions as par. (1), inserted par. heading, and added par. (2). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 110–140, § 133(1), (4), redesignated subsec. (b) as (c) and substituted “subsection (b)” for “subsection (a)”. Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Pub. L. 110–140, § 133(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively.

Subsec. (f). Pub. L. 110–140, § 133(5), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Credits

1992–2007 · 2 acts

1992Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897
2007Pub. L. 110–140, title I, § 133, Dec. 19, 2007, 121 Stat. 1511.

Show as published

(Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897; Pub. L. 110–140, title I, § 133, Dec. 19, 2007, 121 Stat. 1511.)