21st Century Transportation Fuels Act
This bill addresses provisions related to high-octane fuel, renewable fuels, and vehicle fuel efficiency.
Among other things, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4690 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4690
To amend title II of the Clean Air Act and title II of the Petroleum
Marketing Practices Act with respect to high-octane fuels, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2019
Mr. Flores (for himself and Mr. Shimkus) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title II of the Clean Air Act and title II of the Petroleum
Marketing Practices Act with respect to high-octane fuels, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st Century
Transportation Fuels Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HIGH-OCTANE FUEL
Sec. 101. High efficiency vehicles.
Sec. 102. Octane disclosure.
Sec. 103. 98 RON certification test fuel.
Sec. 104. Octane sensitivity study.
Sec. 105. Advertisement of price of 95 RON automotive fuel.
TITLE II--RENEWABLE FUELS
Subtitle A--Renewable Fuel Program
Sec. 201. Updates and revisions to regulations.
Sec. 202. Waivers.
Sec. 203. Applicability.
Sec. 204. State ethanol laws.
Subtitle B--Ethanol Waivers
Sec. 211. Reid vapor pressure.
Sec. 212. E20.
Subtitle C--Fueling Infrastructure
Sec. 221. Performance standards for new E20 infrastructure.
TITLE III--VEHICLE FUEL EFFICIENCY
Sec. 301. Credits for exceeding average fuel economy standards.
Sec. 302. Calculation of average fuel economy.
Sec. 303. Rule of construction.
TITLE I--HIGH-OCTANE FUEL
SEC. 101. HIGH EFFICIENCY VEHICLES.
(a) Requirements.--Part A of title II of the Clean Air Act (42
U.S.C. 7521 et seq.) is amended by adding at the end the following new
section:
``SEC. 220. OCTANE SPECIFICATION.
``(a) Applicability.--This section applies with respect to any
motor vehicle (other than a motorcycle) that is introduced into
commerce that--
``(1) is a light-duty vehicle or light-duty truck;
``(2) is a model year 2023 or later motor vehicle; and
``(3) uses gasoline for propulsion or any other operation
of the motor vehicle, including the engine thereof.
``(b) Warranty Requirements.--The manufacturer of a motor vehicle
described in subsection (a) shall warrant to the ultimate purchaser and
each subsequent purchaser that each such motor vehicle is designed--
``(1) to operate with gasoline containing up to and
including 20 percent ethanol; and
``(2) to meet the design requirements under subsection (c).
``(c) Design Requirements.--The manufacturer of a motor vehicle
described in subsection (a) shall--
``(1) design each such motor vehicle--
``(A) to operate using gasoline that has a research
octane number of 95 or higher; and
``(B) to improve fuel economy connected to the use
of gasoline that has a research octane number of 95 or
higher; and
``(2) incorporate into each such motor vehicle devices or
elements of design (including physical or other barriers,
devices, or technological systems) as are determined by the
Administrator to be--
``(A) necessary to prevent the introduction of
gasoline with a research octane number that is lower
than 95 into such motor vehicle; and
``(B) technically and economically feasible.
``(d) Infrastructure Requirements.--Any gasoline retailer selling
gasoline for dispensing into motor vehicles described in subsection (a)
shall incorporate into the retailer's dispensing equipment such devices
or elements of design as are determined by the Administrator to be--
``(1) necessary for compatibility with the motor vehicle
design requirements under subsection (c)(2); and
``(2) technically and economically feasible.
``(e) Misfueling.--
``(1) Prohibitions against tampering and defeat devices for
motor vehicles.--In lieu of applying section 203(a)(3) with
respect to this section, the following shall apply:
``(A) No person shall--
``(i) remove or render inoperative any
device or element of design installed on or in
a motor vehicle pursuant to subsection (c)(2)
prior to its sale and delivery to the ultimate
purchaser; or
``(ii) knowingly remove or render
inoperative any such device or element of
design after such sale and delivery to the
ultimate purchaser.
``(B) No person shall manufacture or sell, or offer
to sell, or install, any part or component intended for
use with, or as part of, any motor vehicle, where--
``(i) a principal effect of the part or
component is to bypass, defeat, or render
inoperative any device or element of design
installed on or in a motor vehicle pursuant to
subsection (c)(2); and
``(ii) the person knows or should know that
such part or component is being offered for
sale or installed for such use or put to such
use.
``(2) Prohibitions against tampering and defeat devices for
dispensing equipment.--
``(A) No person shall knowingly remove or render
inoperative any device or element of design
incorporated into dispensing equipment pursuant to
subsection (d).
``(B) No person shall manufacture or sell, or offer
to sell, or incorporate into, any part or component
intended for use with, or as part of, any dispensing
equipment, where--
``(i) a principal effect of the part or
component is to bypass, defeat, or render
inoperative any device or element of design
incorporated into dispensing equipment pursuant
to subsection (d); and
``(ii) the person knows or should know that
such part or component is being offered for
sale or incorporated for such use or put to
such use.
``(3) Limitation on liability.--A manufacturer of a motor
vehicle, or a gasoline retailer, that is in compliance with the
requirements of this section and the requirements of the
Petroleum Marketing Practices Act, shall not be liable under
any provision of this Act or any other Federal, State, or local
law, including common law, for damages--
``(A) to or caused by a motor vehicle described in
subsection (a); and
``(B) that would not have occurred but for the
introduction of gasoline with a research octane number
that is lower than 95 into such motor vehicle.
``(f) Preemption.--
``(1) In general.--No State or any political subdivision
thereof may adopt or continue in effect any provision of law or
regulation with respect to the design of motor vehicles to
operate using gasoline with a certain octane content, or the
corresponding design of equipment for dispensing such gasoline
into such motor vehicles, unless such provision of such law or
regulation is the same as the corresponding provision in this
section.
``(2) Investigative or enforcement actions.--A State or
political subdivision thereof may provide for any investigative
or enforcement action, remedy, or penalty (including procedural
actions necessary to carry out such investigative or
enforcement actions, remedies, or penalties) with respect to
any provision of law or regulation permitted by paragraph (1).
``(g) Enforcement.--
``(1) Violations.--
``(A) Manufacturer.--Any manufacturer who violates
subsection (b) or (c) shall be subject to a civil
penalty of not more than $25,000. Any such violation
shall constitute a separate offense with respect to
each motor vehicle.
``(B) Gasoline retailer.--Any gasoline retailer who
violates subsection (d) shall be subject to a civil
penalty of not more than $2,500. Any such violation
shall constitute a separate offense with respect to
each dispensing equipment.
``(C) Misfueling.--
``(i) In general.--Any person who violates
subsection (e) shall be subject to a civil
penalty of not more than $2,500.
``(ii) Separate offenses.--Any such
violation shall constitute a separate offense
with respect to--
``(I) each motor vehicle, for
purposes of paragraph (1)(A) of such
subsection;
``(II) each dispensing equipment,
for purposes of paragraph (2)(A) of
such subsection; and
``(III) each part or component, for
purposes of paragraph (1)(B) or (2)(B)
of such subsection.
``(2) Civil actions; administrative assessment of certain
penalties.--The provisions of subsections (b) and (c) of
section 205 shall apply with respect to a violation of
subsection (b), (c), (d), or (e) of this section to the same
extent and in the same manner as such provisions apply with
respect to a violation of section 203(a)(3).
``(h) Consultation.--
``(1) In general.--In promulgating regulations to carry out
this section, the Administrator shall consult with persons to
be regulated under this section.
``(2) Certain design requirements.--In promulgating
regulations to carry out subsection (c)(2), the Administrator
shall consult with the Secretary of Transportation in addition
to the persons described in paragraph (1).
``(i) Rule of Construction.--Nothing in this section shall be
construed to relieve a person regulated under this section of any
obligation to comply with requirements imposed by provisions of Federal
law other than this section, except to the extent that such
requirements are in conflict with this section.''.
(b) Definitions.--Section 216 of the Clean Air Act (42 U.S.C. 7550)
is amended--
(1) in paragraph (1), by striking ``and 208'' and inserting
``208, and 220''; and
(2) by adding at the end the following:
``(12) Research octane number.--The term `research octane
number' has the meaning given such term in section 201 of the
Petroleum Marketing Practices Act.''.
(c) Regulations.--
(1) Promulgation.--The Administrator of the Environmental
Protection Agency shall--
(A) not later than 18 months after the date of
enactment of this Act, propose regulations to carry out
the amendments made by this section; and
(B) not later than 36 months after such date of
enactment, finalize regulations to carry out the
amendments made by this section.
(2) Failure to promulgate.--Beginning on the deadline in
paragraph (1)(B) for finalizing regulations pursuant to such
paragraph, until the Administrator finalizes such regulations,
the Administrator is deemed--
(A) to have determined under section 220(c)(2) of
the Clean Air Act, as added by subsection (a) of this
section, that each manufacturer of a motor vehicle
subject to such section 220(c)(2) shall incorporate a
restrictor assembly into the vehicle's fuel filler tube
so as to accept only a filling nozzle described in
subparagraph (B); and
(B) to have determined under section 220(d) of such
Act that the diameter of each filling nozzle used by a
gasoline retailer for dispensing gasoline with a
research octane number of 95 or higher into a motor
vehicle subject to such section 220(c) shall not exceed
0.77 inches.
SEC. 102. OCTANE DISCLOSURE.
(a) High Efficiency Fuels.--Title II of the Petroleum Marketing
Practices Act (15 U.S.C. 2821 et seq.) is amended by adding at the end
the following:
``SEC. 206. HIGH EFFICIENCY FUEL AND VEHICLE MARKETING REQUIREMENTS.
``(a) Rule.--The Federal Trade Commission shall, by rule, and in
consultation with persons to be regulated under this section, consumer
advocates, and other stakeholders, as appropriate--
``(1) prescribe or revise requirements under this title
relating to the certification, display, and representation of
the automotive fuel rating of an automotive fuel as necessary
to carry out--
``(A) the requirement under subsection (b); and
``(B) any determination made under subsection (c);
``(2) make the determination required under subsection (c);
and
``(3) prescribe requirements under subsection (d).
``(b) Requirement.--The Federal Trade Commission shall require
that, for purposes of this title, effective January 1, 2023, the
automotive fuel rating of an automotive fuel with a research octane
number of 95 or higher be determined only by the research octane number
of such automotive fuel.
``(c) Determination.--The Federal Trade Commission shall determine
whether, for purposes of this title, effective January 1, 2023, the
automotive fuel rating of an automotive fuel with a research octane
number that is lower than 95 should be determined only by the research
octane number of such automotive fuel.
``(d) Labeling.--
``(1) In general.--The Federal Trade Commission shall
prescribe requirements--
``(A) as the Federal Trade Commission determines
necessary with respect to a display at the point of
sale to ultimate purchasers of automotive fuel and a
display on a motor vehicle to--
``(i) inform such ultimate purchaser of
such automotive fuel and any purchaser or user
of such motor vehicle, that a model year 2023
or later motor vehicle is only warrantied to
use automotive fuel with a research octane
number of 95 or higher; and
``(ii) provide a warning to such ultimate
purchaser of such automotive fuel and any such
purchaser or user of such motor vehicle, that
the use of automotive fuel with a research
octane number that is lower than 95 in a model
year 2023 or later motor vehicle will result in
reduced fuel economy, increased exhaust
emissions, and possible engine damage; and
``(B) that are applicable to--
``(i) a manufacturer of a new motor vehicle
(or an entity making a representation in
connection with the sale of such motor vehicle)
with respect to a display on such motor
vehicle; and
``(ii) an automotive fuel retailer, with
respect to a display at the point of sale to an
ultimate purchaser of automotive fuel.
``(2) Considerations.--In prescribing requirements under
paragraph (1), the Federal Trade Commission shall ensure that
such requirements are designed to be--
``(A) understandable to--
``(i) the ultimate purchaser of automotive
fuel; and
``(ii) any purchaser or user of a model
year 2023 or later motor vehicle; and
``(B) cost-effective for automotive fuel retailers.
``(e) Deadlines.--The Federal Trade Commission shall--
``(1) not later than June 1, 2020, issue a proposed rule
under subsection (a); and
``(2) not later than January 1, 2022, issue a final rule
under subsection (a).''.
(b) Enforcement.--Section 203(e) of the Petroleum Marketing
Practices Act (15 U.S.C. 2823(e)) is amended--
(1) by striking ``or a rule prescribed'' and inserting ``a
rule prescribed''; and
(2) by striking ``of such section.'' and inserting ``of
section 202, or a rule prescribed under section 206.''.
(c) Table of Contents Amendment.--The table of contents for the
Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended
by inserting after the item relating to section 205 the following:
``Sec. 206. High efficiency fuel and vehicle marketing requirements.''.
SEC. 103. 98 RON CERTIFICATION TEST FUEL.
Not later than January 1, 2025, the Administrator of the
Environmental Protection Agency shall take such actions as are
necessary to allow the use of a certification test fuel with a research
octane number of 98 for purposes of--
(1) testing and certification under section 206(a) of the
Clean Air Act (42 U.S.C. 7525(a)) of motor vehicles described
in section 220(a) of the Clean Air Act (as added by section
101(a) of this Act); and
(2) testing and calculation procedures under section
32904(c) of title 49, United States Code, with respect to such
motor vehicles.
SEC. 104. OCTANE SENSITIVITY STUDY.
(a) Study.--
(1) In general.--The Administrator shall seek to enter into
appropriate arrangements with the Academy to--
(A) conduct a comprehensive study of the octane
sensitivity of automotive fuel with a research octane
number of 95 or higher; and
(B) submit reports described in subsection (b).
(2) Contents.--In conducting the study under paragraph (1),
the Academy shall examine--
(A) the octane sensitivity of automotive fuel
introduced into commerce for use in light-duty motor
vehicles as of the date of enactment of this section;
(B) the economic and technological feasibility and
impacts of adjusting the octane sensitivity of
automotive fuel with a research octane number of 95 or
higher to increase automobile and fuel efficiency
performance;
(C) environmental and public health outcomes from
increasing the octane sensitivity of automotive fuel
with a research octane number of 95 or higher; and
(D) the acceptability of the commercial
marketplace, including refiners, automotive fuel
retailers, manufacturers, and ultimate users, of
increasing the octane sensitivity of automotive fuel
with a research octane number of 95 or higher.
(3) Information.--The Administrator shall provide the
Academy, at its request, any information which the Academy
determines necessary to conduct the study under paragraph (1).
(b) Reports.--
(1) Interim reports.--Not later than July 1, 2019, and
every 6 months thereafter until a final report is submitted
under paragraph (2), the Academy shall submit to Congress and
the Administrator a report on the progress of the study
conducted under subsection (a).
(2) Final report.--Not later than December 31, 2021, the
Academy shall submit to Congress and the Administrator a final
report on the study conducted under subsection (a).
(c) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the National
Academy of Sciences, or if the National Academy of Sciences
declines to enter into an arrangement pursuant to subsection
(a), another appropriate entity.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Octane sensitivity.--The term ``octane sensitivity''
means, with respect to automotive fuel used in an automotive
spark-ignition engine, the difference between the research
octane number and the motor octane number for such automotive
fuel.
(4) Research octane number and motor octane number.--The
terms ``research octane number'' and ``motor octane number''
have the meaning given such terms in section 201 of the
Petroleum Marketing Practices Act (15 U.S.C. 2821).
SEC. 105. ADVERTISEMENT OF PRICE OF 95 RON AUTOMOTIVE FUEL.
(a) In General.--It shall be unlawful for any person to sell or
offer for sale, at retail, automotive fuel with a research octane
number of 95 unless such person displays, in a manner specified in the
rules promulgated under subsection (b), the total price per gallon of
such fuel on any sign on which such person displays the price of the
most-sold grade of automotive fuel of such person.
(b) Rulemaking.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Federal Trade Commission shall
promulgate, in accordance with section 553 of title 5, United
States Code, any rules necessary for the implementation and
enforcement of this section.
(2) Contents.--Such rules--
(A) shall define ``retail'' and ``most-sold'' for
the purposes of this section;
(B) shall specify the manner in which the price of
automotive fuel with a research octane number of 95
must be displayed in order to comply with subsection
(a); and
(C) shall be consistent with the requirements for
declaring unfair acts or practices in section 5(n) of
the Federal Trade Commission Act (15 U.S.C. 45(n)).
(c) Enforcement.--A violation of subsection (a) shall be treated as
a violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall
enforce this section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made part of this section.
(d) Sunset.--Effective January 1, 2029, this section is repealed.
TITLE II--RENEWABLE FUELS
Subtitle A--Renewable Fuel Program
SEC. 201. UPDATES AND REVISIONS TO REGULATIONS.
(a) Regulations.--
(1) Addition of conventional biofuel.--Clause (i) of
section 211(o)(2)(A) of the Clean Air Act (42 U.S.C.
7545(o)(2)(A)) is amended to read as follows:
``(i) In general.--The Administrator shall
by regulation require--
``(I) transportation fuel sold or
introduced into commerce in the United
States (except in noncontiguous States
or territories), on an annual average
basis, contains at least the applicable
volume of renewable fuel, advanced
biofuel, cellulosic biofuel,
conventional biofuel, and biomass-based
diesel, determined in accordance with
subparagraph (B); and
``(II) renewable fuel produced from
facilities that commenced construction
after December 19, 2007 (the date of
enactment of the Energy Independence
and Security Act of 2007), achieves at
least a 20-percent reduction in
lifecycle greenhouse gas emissions
compared to baseline lifecycle
greenhouse gas emissions.''.
(2) Conforming amendments.--
(A) Section 211(o)(2)(A) of the Clean Air Act (42
U.S.C. 7545(o)(2)(A)) is amended by striking clause
(iv).
(B) Subparagraph (A) of section 211(o)(4) of the
Clean Air Act (42 U.S.C. 7545(o)(4)(A)) is amended by
striking ``the last sentence of''.
(C) Subparagraph (E) of section 211(o)(4) of the
Clean Air Act (42 U.S.C. 7545(o)(4)(E)) is amended by
striking ``the last sentence of''.
(b) Applicable Volume of Conventional Biofuel.--Section
211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is
amended to by adding at the end the following:
``(V) Conventional biofuel.--
``(aa) In general.--For the
purpose of subparagraph (A), of
the volume of renewable fuel
required under subclause (I),
the applicable volume of
conventional biofuel for the
calendar years 2020 through
2022 shall be determined in
accordance with the following
table:
Applicable volume of
conventional biofuel
``Calendar year: (in billions of
gallons):
2020........................................... 15
2021........................................... 15
2022........................................... 15.
``(bb) Applicability.--This
subclause shall cease to apply
on January 1, 2023.''.
(c) Other Calendar Years.--
(1) In general.--Section 211(o)(2)(B) of the Clean Air Act
(42 U.S.C. 7545(o)(2)(B)) is amended by striking clauses (ii)
through (v) and inserting the following:
``(ii) Subsequent calendar years.--For the
purposes of subparagraph (A), the applicable
volumes of advanced biofuel, cellulosic
biofuel, and biomass-based diesel for each of
calendar years 2023 through 2032 shall be--
``(I) determined by the
Administrator not later than March 1 of
such calendar year; and
``(II) subject to adjustment
pursuant to the mid-year review under
clause (iv)(II), equal to the actual
volume of advanced biofuel, cellulosic
biofuel, or biomass-based diesel,
respectively, produced during the
preceding calendar year, as determined
under clause (iv)(I).
``(iii) Special rule for subsequent
calendar years for biomass-based diesel.--The
applicable volume of biomass-based diesel for
each of calendar years 2020 through 2022 shall
be determined in accordance with this
subparagraph, as in effect on the day before
the date of enactment of the 21st Century
Transportation Fuels Act.
``(iv) Determination of actual
production.--
``(I) In general.--Not later than
February 28 of a calendar year
described in clause (ii), the
Administrator shall, based on
information from the Moderated
Transaction System, determine--
``(aa) the actual volume
produced during the preceding
calendar year of advanced
biofuel; and
``(bb) of such actual
volume, the actual volume of
each of cellulosic biofuel,
biomass-based diesel, and other
advanced biofuel.
``(II) Mid-year review.--Not later
than September 1 of each calendar year
described in clause (ii), the
Administrator shall adjust the
applicable volume requirement under
clause (ii) for the calendar year for
advanced biofuel, cellulosic biofuel,
or biomass-based diesel to reflect any
increase in production during that
calendar year, based on information
from the Moderated Transaction
System.''.
(2) Conforming definition.--Section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)) is amended--
(A) by redesignating subparagraphs (I) through (L)
as subparagraphs (J) through (M), respectively; and
(B) by inserting, after subparagraph (H), the
following:
``(I) Moderated transaction system.--The term
`Moderated Transaction System' means--
``(i) the EPA Moderated Transaction System
as defined in section 80.1401 of title 40, Code
of Federal Regulations (or successor
regulations); or
``(ii) any successor system.''.
(d) Definition of Renewable Biomass.--Subparagraph (J) of section
211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as redesignated
by subsection (c)(2) of this section, is amended--
(1) in clause (i), by striking ``at any time prior to the
enactment of this sentence'';
(2) by amending clause (ii) to read as follows:
``(ii) Trees and tree residue from land,
including land belonging to an Indian tribe or
an Indian individual that is held in trust by
the United States or subject to a restriction
against alienation imposed by the United
States.''; and
(3) in clause (iv), by striking ``non-federal''.
SEC. 202. WAIVERS.
Subject to section 203(c) of this Act, section 211(o)(7) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(1) in subparagraph (A), by striking ``the national
quantity of renewable fuel'' and inserting ``the national
quantity of advanced biofuel, cellulosic biofuel, or biomass-
based diesel''; and
(2) by striking subparagraphs (D), (E), and (F).
SEC. 203. APPLICABILITY.
(a) Applicable Calendar Years.--Except as provided in subsections
(b) through (e), the amendments made by this subtitle apply with
respect to calendar year 2020 and subsequent calendar years. Section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)), as in effect on the
day before the date of enactment of this Act, shall continue to apply
with respect to calendar years before calendar year 2020.
(b) Regulations.--The Administrator of the Environmental Protection
Agency shall--
(1) not later than 180 days after the date of enactment of
this Act, shall promulgate the regulations required by
paragraph (2)(A)(i) of section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)), as amended by section 201 of this Act,
respecting the requirements under such section 211(o)
applicable for calendar years 2020, 2021, and 2022; and
(2) not later than January 1, 2021, shall promulgate the
regulations required by such paragraph (2)(A)(i) respecting the
requirements under such section 211(o) applicable for calendar
year 2023 and subsequent calendar years.
(c) Waiver Authority.--The amendments made by section 202 of this
Act to section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7))
shall take effect on January 1, 2023.
(d) Definition.--The amendment made by section 201(d) of this Act
to subparagraph (J) of section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1)), as redesignated by section 201(c)(2) of this Act,
shall take effect on the date of enactment of this Act.
(e) Repeals.--Effective January 1, 2033, subsections (o), (q), and
(v) of section 211 of the Clean Air Act (42 U.S.C. 7545) are repealed.
SEC. 204. STATE ETHANOL LAWS.
(a) In General.--No State or political subdivision of a State may
prohibit or require any particular blend, concentration, or percentage
of ethanol in any automotive fuel.
(b) Exception.--This section does not restrict the authority of a
State or political subdivision of a State to continue to enforce any
such prohibition or requirement in effect prior to the date of
enactment of this Act.
Subtitle B--Ethanol Waivers
SEC. 211. REID VAPOR PRESSURE.
(a) Reid Vapor Pressure Limitation.--Section 211(h) of the Clean
Air Act (42 U.S.C. 7545(h)) is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``or more'' after ``10 percent''; and
(B) in subparagraph (C), by striking ``additional
alcohol or''; and
(2) in paragraph (5)(A), by inserting ``or more'' after
``10 percent''.
(b) Existing Waivers.--Section 211(f)(4) of the Clean Air Act (42
U.S.C. 7545(f)(4)) is amended--
(1) by striking ``The Administrator, upon'' and inserting
``(A) The Administrator, upon''; and
(2) by adding at the end the following:
``(B) A fuel or fuel additive with respect to which a waiver has
been granted in accordance with subparagraph (A) prior to January 1,
2017, and that meets all of the conditions of that waiver, other than
the waiver's limits for Reid vapor pressure, may be introduced into
commerce if the fuel or fuel additive meets all other applicable Reid
vapor pressure requirements.''.
SEC. 212. E20.
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), as
amended by section 211(b) of this Act, is further amended by adding at
the end the following:
``(C) The Administrator shall grant a waiver in accordance with
subparagraph (A) with respect to a fuel with a concentration of ethanol
that is--
``(i) not more than 20 percent; and
``(ii) more than 15 percent.''.
Subtitle C--Fueling Infrastructure
SEC. 221. PERFORMANCE STANDARDS FOR NEW E20 INFRASTRUCTURE.
Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is
amended by adding at the end the following:
``(k) E20 Retail Dispenser Systems.--
``(1) In general.--The Administrator shall, not later than
1 year prior to the effective date specified in paragraph (3),
issue or revise, as necessary, performance standards for
dispenser systems described in paragraph (2) to require that
such dispenser systems be compatible with automotive fuel with
a concentration of up to and including 20 percent ethanol by
volume.
``(2) Dispenser systems.--This subsection applies with
respect to dispenser systems that are--
``(A) on or after the effective date specified in
paragraph (3), brought into use to dispense at retail
automotive fuel from an underground storage tank; and
``(B) subject to regulation under sections 1910.106
and 1926.152 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(3) Effective date.--Standards issued or revised pursuant
to paragraph (1) shall take effect on the later of--
``(A) January 1, 2023; and
``(B) the date on which the Administrator first
grants a waiver pursuant to section 211(f)(4)(C) of the
Clean Air Act.
``(4) Definitions.--In this subsection:
``(A) Automotive fuel.--The term `automotive fuel'
has the meaning given such term in section 201(6) of
the Petroleum Marketing Practices Act (15 U.S.C.
2821(6)).
``(B) Compatible; dispenser system.--The terms
`compatible' and `dispenser system' have the meaning
given such terms in section 280.12 of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this subsection).''.
TITLE III--VEHICLE FUEL EFFICIENCY
SEC. 301. CREDITS FOR EXCEEDING AVERAGE FUEL ECONOMY STANDARDS.
Section 32903 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
their margins 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated, by striking ``When'' and inserting the
following:
``(1) In general.--When'';
(C) in paragraph (1)(B), as redesignated, by
striking ``paragraph (1)'' and inserting ``subparagraph
(A),''; and
(D) by adding at the end the following:
``(2) Model years 2016 through 2021.--Notwithstanding
paragraph (1)(B), beginning with model year 2016 and ending
with model year 2021, a manufacturer may apply any credits
earned after model year 2009 pursuant to paragraph (1), which
have not been applied pursuant to paragraph (1)(A), to any
model year beginning after the model year for which the credits
are earned.'';
(2) in subsection (b)(2)(B), by striking ``subsection
(a)(1) of this section'' and inserting ``subsection
(a)(1)(A)''; and
(3) in subsection (g)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``2011'' and inserting ``2010'';
(ii) in subparagraph (B), by striking
``2017, 1.5 miles per gallon; and'' and
inserting ``2016, 1.5 miles per gallon;''; and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) for model years 2017 and 2018, 2.0 miles per
gallon;
``(D) for model years 2019 through 2021, 4.0 miles
per gallon; and
``(E) for model year 2022 and subsequent model
years, 6.0 miles per gallon.''; and
(B) in paragraph (5), by striking ``2010'' and
inserting ``2009''.
SEC. 302. CALCULATION OF AVERAGE FUEL ECONOMY.
Section 32904(a) of title 49, United States Code, is amended by
adding at the end the following:
``(3) For model years 2012 through 2025, if requested by a
manufacturer, the average fuel economy calculated by the Administrator
for the manufacturer's passenger and nonpassenger automobiles shall
include off-cycle technology fuel economy credits equivalent to the
credits calculated by the Administrator for the off-cycle technology
under the Administrator's vehicle emissions standards for the same or
closest model year, provided that the technology has a direct impact
upon improving fuel economy performance.''.
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title may be
construed to direct or grant new authority to the Secretary of
Transportation to modify a maximum feasible average fuel economy
standard established under section 32902 of title 49, United States
Code. The Secretary's authority to establish and amend a maximum
feasible average fuel economy standard as provided in such section is
unaffected by this title and the amendments made by this title.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Climate Change.
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