Title 42The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary must pick at least one and up to ten proposals for federal help within 120 days after the proposal deadline. The Secretary must talk with the Transportation Secretary, the Commerce Secretary, and the EPA Administrator before deciding. More than ten can be chosen only if the money left is unlikely to be used otherwise. No single project can get more than 25 percent of the program’s authorized funds. A demo project can span more than one metro area only if it includes 100 or more electric vehicles. When choosing and negotiating awards, the Secretary will look at several things, including the maker’s ability to build and support the vehicles, the geographic and climate spread of sites, the vehicles’ long-term viability and safety, how well they fit their planned use, environmental effects, price differences and discounts, local or state involvement that could lower federal cost or increase the number of vehicles, and how much of the vehicle content is made in the U.S. Selected projects must collect and share operation, maintenance, and performance data for 5 years, give the Secretary requested information during the project, include at least 50 cars or light trucks (unless fewer still gives needed diversity and a good test), and use purchasing practices that don’t discriminate against U.S. parts makers.

Full Legal Text

Title 42, §13282

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

(a)(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)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)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 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60