Alternative Vehicle Acquisition: Use Requirements (2)

Alternative Vehicle Acquisition: Use Requirements (2) under 42 U.S.C. § 16122(b) says that by January 1, 2010, agencies that use a light- or heavy-duty vehicle fleet should lease or purchase fuel cell vehicles and hydrogen energy systems to meet energy-savings goals.

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(1) Requirement—

(A) In general— Not later than January 1, 2010, the head of any Federal agency that uses a light-duty or heavy-duty vehicle fleet shall lease or purchase fuel-cell vehicles and hydrogen energy systems to meet any applicable energy savings goal described in subsection (c).

(B) Learning demonstration vehicles— The Secretary may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of section 16157 of this title to meet the requirement in subparagraph (A). (2) Costs of leases and purchases—

(A) In general—

The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agreements) the difference in cost between—

(i) the cost to the agencies of leasing or purchasing fuel-cell vehicles and hydrogen energy systems under paragraph (1); and

(ii) the cost to the agencies of a feasible alternative to leasing or purchasing fuel-cell vehicles and hydrogen energy systems, as determined by the Secretary. (B) Competitive costs and management structures—

In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the GSA or any commercial vendor to ensure—

(i) a cost-effective purchase of a fuel-cell vehicle or hydrogen energy system; or

(ii) a cost-effective management structure of the lease of a fuel-cell vehicle or hydrogen energy system.

(3) Exception—

(A) In general—

If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable fuel-cell vehicle or hydrogen energy system in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).

(B) Consideration—

In making a determination under subparagraph (A), the Secretary shall consider—

(i) the needs of the agency; and

(ii) an evaluation performed by—

(I) the Task Force; or (II) the Technical Advisory Committee.