Revises corporate average fuel economy standards (CAFE standards) provisions for non-passenger and passenger automobiles to: (1) provide for increased average fuel economy standards for non-passenger and passenger automobiles; (2) permit separate average fuel economy standards for non-passenger and passenger automobiles based on vehicle attributes related to fuel economy; (3) establish a a corporate average fuel economy credit transferring program within a manufacturer's fleet; (4) establish an account to fund domestic commercialization and production of advanced technology vehicles and vehicle components; and (5) extend for 10 years provisions providing manufacturing incentives for alternative fuel automobiles.
Establishes a national tire fuel efficiency consumer information program.
Provides for the establishment of a public education campaign to provide information to U.S. drivers about immediate measures that may be taken to conserve transportation fuel.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2927 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2927
To increase the corporate average fuel economy standards for
automobiles, to promote the domestic development and production of
advanced technology vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2007
Mr. Hill (for himself, Mr. Terry, Mr. Barrow, Mr. Brown of South
Carolina, Mr. Ryan of Wisconsin, Mr. Ross, and Mr. Towns) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To increase the corporate average fuel economy standards for
automobiles, to promote the domestic development and production of
advanced technology vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES.
(a) Increased Standards.--Section 32902 of title 49, United States
Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Non-Passenger Automobiles.--(1) Not later than 18 months
before the beginning of each model year, the Secretary of
Transportation shall prescribe by regulation average fuel economy
standards for non-passenger automobiles manufactured by a manufacturer
in that model year. Each standard prescribed under this paragraph shall
be the maximum feasible average fuel economy level that the Secretary
determines the manufacturers can achieve in that model year.
``(2) Each standard shall be expressed in terms of average miles
per gallon of fuel and in terms of average grams per mile of carbon
dioxide emissions, such that the specified average grams per mile of
carbon dioxide emissions is equivalent to the average miles per gallon
of fuel specified in the standard for that model year.
``(3) The Secretary may prescribe separate standards for different
classes of automobiles under this subsection based on vehicle
attributes pursuant to subsection (k).'';
(2) by amending subsection (b) to read as follows:
``(b) Passenger Automobiles.--(1) Not later than 18 months before
the beginning of each model year, the Secretary of Transportation shall
prescribe by regulation average fuel economy standards for passenger
automobiles manufactured by a manufacturer in that model year. Each
standard prescribed under this paragraph shall be the maximum feasible
average fuel economy level that the Secretary determines the
manufacturers can achieve in that model year.
``(2) Each standard shall be expressed in terms of average miles
per gallon of fuel and in terms of average grams per mile of carbon
dioxide emissions, such that the specified average grams per mile of
carbon dioxide emissions is equivalent in stringency to the average
miles per gallon of fuel specified in the standard for that model year.
``(3) The Secretary may prescribe separate standards for different
classes of passenger automobiles based on vehicle attributes pursuant
to subsection (k).
``(4)(A) Notwithstanding any other provision of this section, for
any model year in which the Secretary prescribes average fuel economy
standards for passenger automobiles on the basis of vehicle attributes
pursuant to subsection (k), the average fuel economy standard for
passenger automobiles manufactured by a manufacturer in that model year
shall also provide for an alternative minimum standard that shall apply
only to a manufacturer's domestically manufactured passenger
automobiles, as calculated under section 32904 as in effect on June 24,
2007.
``(B) The alternative minimum standard referred to in subparagraph
(A) shall be the greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign fleets
manufactured for sale in the United States by all manufacturers
in that model year, which projection shall be published in the
Federal Register when the standard for that model year is
promulgated in accordance with this section.
``(C) The alternative minimum standard under this paragraph shall
apply to a manufacturer's domestically manufactured passenger
automobiles only if the passenger automobile standard established on
the basis of vehicle attributes pursuant to this subsection, excluding
any credits transferred by the manufacturer pursuant to section
32903(g) from other categories of automobiles described in such
section, would allow that manufacturer to comply with a less stringent
passenger automobile standard than the alternative minimum standard.'';
and
(3) by amending subsection (c) to read as follows:
``(c) Average Fuel Economy for Automobiles After 2021.--In
prescribing standards under subsections (a) and (b), the Secretary
shall prescribe separate average fuel economy standards for passenger
automobiles and non-passenger automobiles such that--
``(1) the projected combined fuel economy average for model
year 2022 shall not be greater than 35 miles per gallon; and
``(2) the projected combined fuel economy average for model
year 2022 and subsequent model years shall be not less than 32
miles per gallon,
for the total fleet of automobiles manufactured for sale in the United
States.''.
(b) Authority of the Secretary To Prescribe Standards Based on
Vehicle Attributes.--Section 32902 of title 49, United States Code, is
further amended by adding at the end the following:
``(k) Authority of the Secretary To Prescribe Standards Based on
Vehicle Attributes.--(1) In prescribing average fuel economy standards
under this section, the Secretary may by regulation prescribe separate
average fuel economy standards for passenger automobiles and non-
passenger automobiles based on vehicle attributes related to fuel
economy, which includes carbon efficiency for purposes of this chapter,
and express the standards in the form of a mathematical function.
``(2) If the Secretary prescribes standards for passenger
automobiles on the basis of vehicle attributes, the Secretary shall
provide a transition period during the first 3 model years in which an
attribute-based standard would apply during which each manufacturer may
elect whether to comply with the attribute-based standard or with the
single corporate average fuel economy level prescribed under subsection
(b).
``(l) The Secretary may prescribe regulations under this section
establishing average fuel economy standards for automobiles for 1 or
more consecutive model years, up to a maximum of 5 consecutive model
years at one time.''.
(c) Credit Transferring Within a Manufacturer's Fleet.--Section
32903 of title 49, United States Code, is amended by adding at the end
the following:
``(g) Credit Transferring Within a Manufacturer's Fleet.--(1) The
Secretary of Transportation shall establish by regulation a corporate
average fuel economy credit transferring program to allow any
manufacturer whose automobiles exceed any of the average fuel economy
standards prescribed under section 32902 to transfer the credits earned
under this section and to apply such credits within that manufacturer's
fleet to a compliance category of automobiles that fails to achieve the
prescribed standards.
``(2) Credits transferred under this subsection are available to be
used in the same model years that the manufacturer could have applied
such credits under subsections (a), (b), (d), and (e), as well as for
the model year in which the manufacturer earned such credits. The
maximum increase in any compliance category attributable to transferred
credits is 1.0 mile per gallon in any single model year.
``(3) In the case of transfers of credits to the category of
automobiles described in paragraph (5)(B)(i), the transfer is limited
to the extent that the fuel economy level of the manufacturer's fleet
of passenger automobiles manufactured domestically shall comply with
the provisions established under section 32902(b)(4), excluding any
transfers from other categories of automobiles described in paragraph
(5)(B).
``(4) A credit transferred in conformance with this subsection may
only be so transferred if such credit is earned in model year 2010 or
any subsequent model year.
``(5) As used in this subsection--
``(A) the term `fleet' means all automobiles manufactured
by a manufacturer in a particular model year; and
``(B) the term `compliance category of automobiles' means
any of the 3 categories of automobiles for which compliance is
separately calculated under this chapter, namely--
``(i) passenger automobiles manufactured
domestically;
``(ii) passenger automobiles not manufactured
domestically; and
``(iii) non-passenger automobiles.''.
(d) Technical and Conforming Amendments.--Chapter 329 of title 49,
United States Code, is amended--
(1) in section 32901(a)--
(A) by redesignating paragraph (16) as paragraph
(17); and
(B) by inserting after paragraph (15) the
following:
``(16) `non-passenger automobile' means an automobile that
is not a passenger automobile; and'';
(2) in section 32902--
(A) in subsection (d)(1), by striking ``or (c)'';
(B) in subsection (g)--
(i) in paragraph (1), by striking
``subsection (a) or (d)'' both places it
appears and inserting ``subsection (a), (b),
(c), or (d)'';
(ii) in paragraph (2), by striking ``(and
submit the amendment to Congress when required
under subsection (c)(2) of this section)''; and
(C) in subsection (h), by inserting ``(a), (b),''
after ``subsections'';
(D) in subsection (j), by striking ``subsection
(a),'' and inserting ``subsection (a), (b),'';
(3) in section 32903--
(A) by striking ``section 32902(b)-(d) of this
title'' each place it appears and inserting
``subsection (a) through (d) of section 32902'';
(B) in subsection (a)--
(i) by striking ``3 consecutive model
years'' each place it appears and inserting ``5
consecutive model years'';
(ii) in paragraph (2), by striking ``clause
(1) of this subsection'' and inserting
``paragraph (1)''; and
(C) in subsection (b)--
(i) in paragraph (1), by striking
``paragraph (2) of this subsection'' and
inserting ``paragraph (2) and subsection (g)'';
and
(ii) in paragraph (2), by striking ``3
model years'' and inserting ``5 model years'';
and
(D) in subsection (e), by striking ``automobiles
that are not passenger automobiles'' and inserting
``non-passenger automobiles'';
(4) in section 32904(a)(1)(B), by striking ``section
32902(b)-(d)'' and inserting ``subsections (b) and (d) of
section 32902'';
(5) in section 32909(b), by striking ``, except that a
petition for review'' and all that follows through ``referred
to in section 32902(c)(2)''; and
(6) in section 32917(b)(1)(B), by striking ``or (c)''.
(e) Effective Date and Transition From Existing Standards.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transition for passenger automobiles.--The standard or
standards for passenger automobiles under the authority of
section 32902(b) of title 49, United States Code, in effect on
the day before the date of the enactment of this Act, shall
remain in effect until a standard for passenger automobiles is
prescribed pursuant to such section, as amended by this
section.
(3) Average fuel economy standard for non-passenger
automobiles in model years through 2011.--The average fuel
economy standard for non-passenger automobiles, under the
authority of section 32902(a) of title 49, United States Code,
for model years through 2011, shall be the standard described
in the final rule issued by the National Highway Traffic Safety
Administration entitled ``Average Fuel Economy Standards for
Light Trucks Model Years 2008-2011'' (71 Fed. Reg. 17566), as
amended in a notice published by the National Highway Traffic
Safety Administration on April 14, 2006 (71 Fed. Reg. 19449).
(f) Civil Penalties.--Section 32912 of title 49, United States
Code, is amended by adding at the end the following:
``(e) Fund for Domestic Commercialization and Production of
Advanced Technology Vehicles and Components.--(1) There shall be
established in the Treasury of the United States a separate account to
fund domestic commercialization and production of advanced technology
vehicles and vehicle components. Civil penalties obtained under this
section from any manufacturer that violates a standard prescribed for a
model year under section 32902 of this chapter shall be credited to the
separate account.
``(2) Amounts in the separate account shall be available, subject
to annual appropriation, without regard to fiscal year limitation.
Additional amounts may be appropriated to the account.
``(3) The Secretary is authorized to make grants from the separate
account to automobile manufacturers and component suppliers to pay a
portion of the cost to reequip or expand an existing manufacturing
facility in the United States to produce advanced technology vehicles
or components.
``(4) The Secretary shall deposit at the end of each fiscal year,
in the United States Treasury as miscellaneous receipts, amounts in the
separate account that the Secretary decides are in excess of the needs
of the account. The Secretary may carry over funds to the following
fiscal year, if the Secretary decides that the continued availability
of the funds will be necessary to carry out the purposes of this
subsection.
``(5) The Secretary shall promulgate regulations implementing this
subsection in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency.''.
SEC. 2. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General.--Chapter 323 of title 49, United States Code, is
amended by inserting after section 32304 the following new section:
``Sec. 32304A. Tire Fuel Efficiency Consumer Information
``(a) Rulemaking.--(1) Not later than 18 months after the date of
enactment of this section, the Secretary of Transportation shall, after
notice and opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program for
replacement tires designed for use on motor vehicles to educate
consumers about the effect of replacement tires on automobile fuel
efficiency.
``(2) Items Included in Rule.--The rulemaking shall include each of
the following:
``(A) A national tire fuel efficiency rating system for
motor vehicle replacement tires to assist consumers in making
more educated tire purchasing decisions.
``(B) Requirements for providing information to consumers,
including information at the point of sale of replacement tires
and other potential information dissemination methods,
including the internet.
``(C) Specifications for test methods for tire
manufacturers to use in assessing and rating replacement tires
to avoid variation among test equipment and manufacturers.
``(D) A national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title 49, Code of
Federal Regulations, as in effect on date of enactment of this section.
``(b) Consultation.--The Secretary shall consult with the Secretary
of Energy and the Administrator of the Environmental Protection Agency
on the means of conveying tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct periodic
assessments of the rules promulgated under this section to determine
the utility of such rules to consumers, the level of cooperation by
industry, and the contribution to national goals pertaining to energy
consumption. The Secretary shall transmit periodic reports detailing
the findings of such assessments to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
``(d) Preemption.--Nothing in this section shall prohibit a State
or political subdivision of a State from enforcing a law or regulation
on tire fuel efficiency consumer information in effect on January 1,
2006. When a requirement under this section is in effect, a State or
political subdivision of a State may adopt or enforce a law or
regulation on tire fuel efficiency consumer information enacted after
January 1, 2006, only if the law or regulation is identical to that
requirement. Nothing in this section shall be construed to preempt a
State or political subdivision of a State from regulating the fuel
efficiency of tires not otherwise preempted under this chapter.''.
(b) Enforcement.--Section 32308 of such chapter is amended by
adding at the end the following:
``(e) Section 32304A.--Any person who fails to comply with the
national tire fuel efficiency consumer information program under
section 32304A is liable to the United States Government for a civil
penalty of not more than $50,000 for each violation.''.
(c) Table of Contents.--The table of contents for chapter 301 of
title 49 is amended by adding the following new item after the item
relating to section 32304:
``32304A. Tire fuel efficiency consumer information.''.
SEC. 3. FUEL CONSERVATION EDUCATION PROGRAM.
(a) Partnership.--The Secretary of Transportation shall enter into
a partnership with interested industry groups, including groups from
the automotive, gasoline refining, and oil industries, and groups
representing the public interest and consumers to establish a public
education campaign that provides information to United States drivers
about immediate measures that may be taken to conserve transportation
fuel.
(b) Accessibility.--The public information campaign under this
section shall be targeted to reach the widest audience possible. The
education campaign may include television, print, Internet website, or
any other method designed to maximize the dissemination of
transportation fuel savings information to drivers.
(c) Cost Sharing.--The Secretary shall provide no more than 50
percent of the cost of the campaign created under this section. The
Secretary is authorized to accept private funds to augment funds made
available under this subsection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out this section.
SEC. 4. EXTENSION OF MANUFACTURING CREDIT FOR ALTERNATIVE FUELED
AUTOMOBILES.
(a) Extension of Alternative Fueled Automobiles Manufacturing
Incentive.--Section 32905 of title 49, United States Code, is amended--
(1) by striking ``1993-2010''' each place it appears and
inserting ``1993 through 2020'';
(2) by striking subsections (f) and (g); and redesignating
subsection (h) as subsection (f); and
(3) by inserting after subsection (f) (as so redesignated)
the following:
``(g) Definition.--For purposes of this section--
``(1) the term `dedicated automobile' includes an
automobile that operates on diesel fuel blends containing not
less than 20 percent non-petroleum-based fuel alternatives; and
``(2) the term `dual fueled automobile' includes an
automobile warranted by the manufacturer of the vehicle to
operate on any combination of gasoline or diesel fuel and on
diesel fuel blends containing not less than 20 percent non-
petroleum based fuel alternatives.''.
(b) Extension of Maximum Increase Period.--Section 32906(a) of
title 49, United States Code, is amended--
(1) by striking ``1993-2010'' and inserting ``1993 through
2020'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraph (B); and
(3) in paragraph (2), by striking ``describ-
ed--'' and all that follows and inserting ``is more than 1.2
miles per gallon, the limitation in paragraph (1) applies''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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