FOUNDATIONAL LEGISLATION, RULES, AND DOCUMENTS
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Section 136 of the Energy Independence and Security Act of 2007, P.L. 110-140 as amended, provides the authority of LPO to issue loans to support the development of advanced technology vehicles and qualifying components. Such legislation is codified at 42 USC 17013.
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT OF 2010
Section 312 of the Energy and Water Development and Related Agencies Appropriations Act of 2010, P.L. 111-85, amends Section 136 of the Energy Independence and Security Act to include ultra-efficient vehicles within the definition of advanced technology vehicles.
INTERIM FINAL RULE (10 CFR PART 611)
The ATVM program requires compliance with its Interim Final Rule, as amended and corrected.
The Interim Final Rule (10 CFR Part 611) was published November 12, 2008, and was amended and corrected. The Interim Final Rule, as amended and corrected, is also available at the Electronic Code of Federal Regulations.
On August 30, 2017, DOE adopted an Interpretive Rule to explain that the costs of outside advisors engaged by DOE in connection with the review of ATVM loan applications and negotiation of ATVM loan closings can be the responsibility of the applicant consistent with the ATVM statute.
The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009, P.L. 110-329, (Section 129), provided loan authority of $25 billion and appropriated $7.51 billion for credit subsidy cost.
CARGO PREFERENCE ACT
All projects that receive a loan under the ATVM loan program must comply with the Cargo Preference Act of 1954, which establishes certain requirements for the use of U.S. flagged vessels in the movement of cargo in international waters. These requirements may apply to shipments contracted for or made prior to receiving a loan. DOE urges applicants to contact the Maritime Administration directly to ensure that relevant project agreements provide for compliance with the Cargo Preference Act.
General information on cargo preference can be found at the Maritime Administration’s web site: https://www.marad.dot.gov/ships-and-shipping/cargo-preference/. Potential applicants may also address questions on cargo preference to the Maritime Administration’s Office of Cargo and Commercial Sealift at (202) 366-4610 or via email to firstname.lastname@example.org.
Loans under the ATVM loan program require that laborers and mechanics employed by contractors and subcontractors in the performance of construction (as defined in Department of Labor (DOL) regulations at 29 CFR 5.2(j)) financed in whole or in part by such loan guarantee be paid at rates not less than those prevailing on projects of a character similar in the locality of the project, as determined by the Secretary of Labor in accordance with the Davis Bacon Act (DBA).
Under DOL regulations at 29 CFR 5.5(a)(6), a borrower who receives a loan under the ATVM loan program is responsible for DBA compliance by all contractors and subcontractors. In accordance with DBA regulations at 29 CFR §1.6(g), the DBA must be complied with beginning with the construction of a project, regardless of when the issuance of the loan has occurred. As such, an applicant seeking a loan under the ATVM loan program for a project that has commenced such construction prior to the issuance of such loan will have to make any necessary wage adjustments no later than the closing of the loan. There is an exception if the Administrator of the Wage and Hour Division, Employment Standards Administration at DOL finds that (i) such relief is necessary and proper in the public interest to prevent injustice or undue hardship and (ii) there was no evidence of intent to apply for federal funding or assistance prior to the start of construction.
Please see the Department of Labor DBA website for more information and links to the DBA and its regulations.