---
kind: "section"
citation: "42 U.S.C. § 16071"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16071"
heading: "Pilot program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16071"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VII — Vehicles and Fuels"
  - "Part B — Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses"
  - "Subpart 2 — advanced vehicles"
---

# §16071. Pilot program

- (a) **Establishment—** The [Secretary](/usc/42/15801.md?p=4), in consultation with the [Secretary](/usc/42/15801.md?p=4) of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the [Department](/usc/42/15801.md?p=1), to provide not more than 30 geographically dispersed [project](/usc/42/16371.md?p=12) grants to [State](/usc/42/15951.md?p=b-2) governments, local governments, or metropolitan transportation authorities to carry out a [project](/usc/42/16371.md?p=12) or [projects](/usc/42/16371.md?p=12) for the purposes described in [subsection (b)](#b).
- (b) **Grant purposes—** A grant under this section may be used for the following purposes:
  - (1) The acquisition of alternative fueled vehicles or [fuel cell](/usc/42/16121.md?p=1) vehicles, including—
    - (A) passenger vehicles (including neighborhood electric vehicles); and
    - (B) motorized 2-wheel bicycles or other vehicles for use by law enforcement personnel or other [State](/usc/42/15951.md?p=b-2) or local government or metropolitan transportation authority employees.
  - (2) The acquisition of alternative fueled vehicles, hybrid vehicles, or [fuel cell](/usc/42/16121.md?p=1) vehicles, including—
    - (A) buses used for public transportation or transportation to and from schools;
    - (B) delivery vehicles for goods or services; and
    - (C) ground support vehicles at public airports (including vehicles to carry baggage or push or pull airplanes toward or away from terminal gates).
  - (3) The acquisition of ultra-low sulfur diesel vehicles.
  - (4) Installation or acquisition of infrastructure necessary to directly support an alternative fueled vehicle, [fuel cell](/usc/42/16121.md?p=1) vehicle, or hybrid vehicle [project](/usc/42/16371.md?p=12) funded by the grant, including fueling and other support equipment.
  - (5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a [project](/usc/42/16371.md?p=12) funded by the grant.
- (c) **Applications—**
  - (1) **Requirements—**
    - (A) **In general—** The [Secretary](/usc/42/15801.md?p=4) shall issue requirements for applying for grants under the pilot program.
    - (B) **Minimum requirements—** At a minimum, the [Secretary](/usc/42/15801.md?p=4) shall require that an application for a grant—
      - (i) be submitted by the head of a [State](/usc/42/15951.md?p=b-2) or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the [Department](/usc/42/15801.md?p=1); and
      - (ii) include—
        - (I) a description of the [project](/usc/42/16371.md?p=12) proposed in the application, including how the [project](/usc/42/16371.md?p=12) meets the requirements of this subpart;
        - (II) an estimate of the ridership or degree of use of the [project](/usc/42/16371.md?p=12);
        - (III) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the [project](/usc/42/16371.md?p=12), and a plan to collect and disseminate environmental data, related to the [project](/usc/42/16371.md?p=12) to be funded under the grant, over the life of the [project](/usc/42/16371.md?p=12);
        - (IV) a description of how the [project](/usc/42/16371.md?p=12) will be sustainable without Federal assistance after the completion of the term of the grant;
        - (V) a complete description of the costs of the [project](/usc/42/16371.md?p=12), including acquisition, [construction](/usc/42/300s–3.md?p=7), operation, and maintenance costs over the expected life of the [project](/usc/42/16371.md?p=12);
        - (VI) a description of which costs of the [project](/usc/42/16371.md?p=12) will be supported by Federal assistance under this subpart; and
        - (VII) documentation to the satisfaction of the [Secretary](/usc/42/15801.md?p=4) that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the [project](/usc/42/16371.md?p=12), and a commitment by the applicant to use such fuel in carrying out the [project](/usc/42/16371.md?p=12).
  - (2) **Partners—** An applicant under [paragraph (1)](#c-1) may carry out a [project](/usc/42/16371.md?p=12) under the pilot program in partnership with public and private entities.
- (d) **Selection criteria—** In evaluating applications under the pilot program, the [Secretary](/usc/42/15801.md?p=4) shall—
  - (1) consider each applicant’s previous experience with similar [projects](/usc/42/16371.md?p=12); and
  - (2) give priority consideration to applications that—
    - (A) are most likely to maximize protection of the environment;
    - (B) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed [project](/usc/42/16371.md?p=12) and the greatest likelihood that the [project](/usc/42/16371.md?p=12) will be maintained or expanded after Federal assistance under this subpart is completed; and
    - (C) exceed the minimum requirements of [subsection (c)(1)(B)(ii)](#c-1-B-ii).
- (e) **Pilot project requirements—**
  - (1) **Maximum amount—** The [Secretary](/usc/42/15801.md?p=4) shall not provide more than $15,000,000 in Federal assistance under the pilot program to any applicant.
  - (2) **Cost sharing—** The [Secretary](/usc/42/15801.md?p=4) shall not provide more than 50 percent of the cost, incurred during the period of the grant, of any [project](/usc/42/16371.md?p=12) under the pilot program.
  - (3) **Maximum period of grants—** The [Secretary](/usc/42/15801.md?p=4) shall not fund any applicant under the pilot program for more than 5 years.
  - (4) **Deployment and distribution—** The [Secretary](/usc/42/15801.md?p=4) shall seek to the maximum extent practicable to ensure a broad geographic distribution of [project](/usc/42/16371.md?p=12) sites.
  - (5) **Transfer of information and knowledge—** The [Secretary](/usc/42/15801.md?p=4) shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
- (f) **Schedule—**
  - (1) **Publication—** Not later than 90 days after August 8, 2005, the [Secretary](/usc/42/15801.md?p=4) shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake [projects](/usc/42/16371.md?p=12) under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice.
  - (2) **Selection—** Not later than 180 days after the date by which applications for grants are due, the [Secretary](/usc/42/15801.md?p=4) shall select by competitive, peer reviewed proposal, all applications for [projects](/usc/42/16371.md?p=12) to be awarded a grant under the pilot program.
- (g) **Definitions—** For purposes of carrying out the pilot program, the [Secretary](/usc/42/15801.md?p=4) shall issue regulations defining any term, as the [Secretary](/usc/42/15801.md?p=4) determines to be necessary.

## Source credit

(Pub. L. 109–58, title VII, § 721, Aug. 8, 2005, 119 Stat. 818.)