II 

118TH CONGRESS 

2D SESSION S. 4507 

To amend title 49, United States Code, to make the method used by the 

Department of Energy for calculating electric vehicle-equivalent petroleum fuel economy more accurate, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2024 

Mr. BARRASSO (for himself, Mr. RISCH, Mr. LEE, Mr. CASSIDY, Mr. HOEVEN, 

and Ms. LUMMIS) introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To amend title 49, United States Code, to make the method 

used by the Department of Energy for calculating electric vehicle-equivalent petroleum fuel economy more accurate, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recalculating Electric 

5 Vehicle Efficiency for Accuracy and Legitimacy Act of 

6 2024’’. 


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1 SEC. 2. EFFICIENCY CALCULATION FOR ELECTRIC VEHI2 CLES. 

3 Section 32904(a)(2) of title 49, United States Code, 

4 is amended by striking subparagraph (B) and inserting 

5 the following: 

6 ‘‘(B)(i) If a manufacturer manufactures an 

7 electric vehicle, the Administrator shall include in 

8 the calculation of average fuel economy under para9 graph (1) equivalent petroleum based fuel economy 

10 values determined by the Secretary of Energy for 

11 various classes of electric vehicles that are— 

12 ‘‘(I) directly comparable to those used for 

13 gasoline-fueled and diesel-fueled vehicles with 

14 internal combustion engines; 

15 ‘‘(II) based on the gross vehicle weight rat16 ings of the electric vehicles; and 

17 ‘‘(III) calculated in accordance with the 

18 factors described in subclauses (I) through (VI) 

19 of clause (ii). 

20 ‘‘(ii) Each year, the Secretary of Energy shall 

21 review the values described in clause (i) and deter22 mine and propose necessary revisions to those values 

23 based on the following factors: 

24 ‘‘(I) The approximate overall electrical en25 ergy efficiency of the electric vehicle and the 


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1 durability of the battery of the electric vehicle, 

2 taking into consideration— 

3 ‘‘(aa) the type of electric vehicle; 

4 ‘‘(bb) the intended use, including com5 mercial use, configuration, and weight of 

6 the electric vehicle; 

7 ‘‘(cc) the degradation in electrical en8 ergy efficiency experienced by the electric 

9 vehicle battery and vehicle as the electric 

10 vehicle battery and electric vehicle, respec11 tively, ages; 

12 ‘‘(dd) the degradation that may occur 

13 from frequent fast charging of electric ve14 hicle batteries on the vehicle efficiency and 

15 driving range; 

16 ‘‘(ee) the impact on electrical effi17 ciency from charging electric vehicle bat18 teries to 100 percent over the useful life of 

19 the electric vehicle; and 

20 ‘‘(ff) the type of battery with which 

21 the electric vehicle is equipped. 

22 ‘‘(II) The national average electrical gen23 eration and transmission efficiencies, as re24 ported by the Energy Information Administra25 tion, for the prior year. 


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1 ‘‘(III) The need of the United States to 

2 conserve all forms of energy and the relative 

3 scarcity and value to the United States of all 

4 fuel used— 

5 ‘‘(aa) to generate electricity; 

6 ‘‘(bb) to produce electric vehicle bat7 teries and electric vehicles; and 

8 ‘‘(cc) to build the necessary electric 

9 vehicle charging infrastructure. 

10 ‘‘(IV) The need of the United States to 

11 conserve all forms of critical minerals and other 

12 key materials used in electric vehicle batteries 

13 and the relative scarcity and value to the 

14 United States of all mineral resources used to 

15 manufacture electric vehicles. 

16 ‘‘(V)(aa) The energy inputs into the min17 ing, refining, transportation, and use of critical 

18 minerals and other key materials used in elec19 tric vehicles, including electric vehicle batteries. 

20 ‘‘(bb) The Secretary of Energy shall deter21 mine values under item (aa) that address all en22 ergy inputs for electric vehicles through the 

23 final production of the electric vehicle for sale. 


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1 ‘‘(VI) The specific patterns of use of elec2 tric vehicles compared to petroleum-fueled vehi3 cles, including— 

4 ‘‘(aa) the impact of summer and win5 ter weather extremes; 

6 ‘‘(bb) the use of air conditioning, 

7 heating, and other draws on the supply of 

8 electrical energy onboard the electric vehi9 cle; 

10 ‘‘(cc) the range of the different types 

11 and classes of electric vehicles; 

12 ‘‘(dd) the difference in distance added 

13 to an electric vehicle for a specific period 

14 of charging based on the differences be15 tween short-range and long-range bat16 teries; and 

17 ‘‘(ee) state-of-charge losses when the 

18 battery of the electric vehicle is idle.’’. 

19 SEC. 3. SECRETARY OF ENERGY PARTICIPATION. 

20 Section 32902 of title 49, United States Code, is 

21 amended by striking subsection (j) and inserting the fol22 lowing: 

23 ‘‘(j) SECRETARY OF ENERGY.— 

24 ‘‘(1) IN GENERAL.—Before the Secretary of 

25 Transportation issues a notice proposing to prescribe 


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1 or amend an average fuel economy standard under 

2 subsection (a), (c), or (g), the Secretary of Energy 

3 shall— 

4 ‘‘(A) provide, as required under subsection 

5 (a)(2)(B)(ii) of section 32904, to the Secretary 

6 of Transportation a determination that the 

7 equivalent petroleum based fuel economy values 

8 used in the calculation of average fuel economy 

9 under subsection (a)(1) of that section require 

10 revisions based on the factors described in sub11 clauses (I) through (VI) of section 

12 32904(a)(2)(B)(ii); 

13 ‘‘(B) coordinate the inclusion of any re14 vised equivalent petroleum based fuel economy 

15 values with any proposed or amended average 

16 fuel economy standards while considering ade17 quate lead time planning across full model 

18 years; 

19 ‘‘(C) ensure that any revisions to the 

20 equivalent petroleum based fuel economy values, 

21 including a revised petroleum equivalency factor 

22 value, are used concurrently in any proposed or 

23 amended average fuel economy standard issued 

24 under subsection (a), (c), or (g); 


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1 ‘‘(D) harmonize the use of revised equiva2 lent petroleum based fuel economy values with 

3 average fuel economy standards including, as 

4 appropriate, as part of a mathematical calcula5 tion; 

6 ‘‘(E) not later than 10 days after the date 

7 on which the Secretary of Energy receives no8 tice from the Secretary of Transportation about 

9 a proposed standard, provide to the Secretary 

10 of Transportation written comments about the 

11 impact of the proposed standard on conserva12 tion goals if the Secretary of Energy concludes 

13 the proposed standard would adversely affect 

14 the conservation goals of the Secretary of En15 ergy; and 

16 ‘‘(F) receive notice from the Secretary of 

17 Transportation before final action on a pro18 posed standard or an exemption from a stand19 ard under this section is taken and be provided 

20 reasonable time to comment. 

21 ‘‘(2) NOTICE COMMENTS.—If the Secretary of 

22 Transportation does not revise a proposed standard 

23 to take into account comments received from the 

24 Secretary of Energy under paragraph (1)(E), the 


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1 Secretary of Transportation shall include those com2 ments in the notice.’’. 

Æ 


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