Title 42, The Public Health and WelfareRelease 119-110

§13282 Selection of Proposals

Title 42 › CHAPTER 134 — ENERGY POLICY › SUBCHAPTER IV — ELECTRIC MOTOR VEHICLES › Part A — Electric Motor Vehicle Commercial Demonstration Program › § 13282

Last updated Sep 22, 2026|Official source

Summary

The Secretary must pick at least one and no more than 10 proposals for financial help within 120 days after the proposal deadline the Secretary sets under section 13281. The Secretary will work with the Transportation Secretary, Commerce Secretary, and EPA Administrator to choose. The Secretary can pick more than 10 only if there is extra money that otherwise would go unused. Each chosen proposal must follow limits set in section 13283(c). No single project may get more than 25 percent of the money authorized under section 13286. A demo project cannot cover electric vehicles in more than one eligible metro area unless it includes at least 100 vehicles. When choosing and negotiating support, the Secretary must look at factors like the maker’s ability to build and support the vehicles; the geographic and climate mix of project locations; the vehicles’ long-term technical and market prospects; whether they fit their intended use; environmental effects; the price difference and any discount plan; state or local involvement and whether that lowers federal cost or lets more vehicles be covered; how much of the vehicle and parts are made in the U.S.; safety; and any other appropriate factors. The Secretary must require that vehicle users give operation and maintenance data to the proposer and manufacturer for 5 years after the project starts, that the proposer share data with the Secretary on request, that car or light-truck demos include at least 50 vehicles (unless the Secretary finds fewer will still give needed geographic/climate diversity and a useful test), and that manufacturers’ buying practices do not unfairly exclude U.S. parts makers.

Full Legal Text

Title 42, §13282

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13282

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110