II 

111TH CONGRESS 

1ST SESSION S. 1093 

To amend the Internal Revenue Code of 1986 to provide tax incentives 

for increasing motor vehicle fuel efficiency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

tax incentives for increasing motor vehicle fuel efficiency, 

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; AMENDMENT OF 1986 CODE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oil Independence, Limiting Subsidies, and Accelerating 

6 Vehicle Efficiency Act’’ or the ‘‘OILSAVE Act’’. 

7 (b) AMENDMENT OF 1986 CODE.—Except as other8 wise expressly provided, whenever in this Act an amend9 ment or repeal is expressed in terms of an amendment 

10 to, or repeal of, a section or other provision, the reference 


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1 shall be considered to be made to a section or other provi2 sion of the Internal Revenue Code of 1986. 

3 SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHI4 CLES. 

5 (a) IN GENERAL.—Subpart B of part IV of sub6 chapter A of chapter 1 (relating to other credits) is 

7 amended by inserting after section 30D the following new 

8 section: 

9 ‘‘SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE CREDIT. 

10 ‘‘(a) ALLOWANCE OF CREDIT.— 

11 ‘‘(1) IN GENERAL.—There shall be allowed as a 

12 credit against the tax imposed by this chapter for 

13 the taxable year an amount equal to the amount de14 termined under paragraph (2) with respect to any 

15 new qualified fuel-efficient motor vehicle placed in 

16 service by the taxpayer during the taxable year. 

17 ‘‘(2) CREDIT AMOUNT.—With respect to each 

18 new qualified fuel-efficient motor vehicle, the amount 

19 determined under this paragraph shall be equal to— 

20 ‘‘(A) in the case of any vehicle manufac21 tured in model year 2011, the applicable 

22 amount determined in accordance with the table 

23 contained in paragraph (3), and 

24 ‘‘(B) in the case of any passenger auto25 mobile or non-passenger automobile manufacVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1093.IS S1093

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1 tured in a model year after 2011, the lesser 

2 of— 

3 ‘‘(i) the sum of— 

4 ‘‘(I) $900, plus 

5 ‘‘(II) $100 for each whole mile 

6 per gallon in excess of 110 percent of 

7 the respective industry-wide average 

8 fuel economy standard for such model 

9 year for all passenger automobiles and 

10 all non-passenger automobiles, or 

11 ‘‘(ii) $2,500. 

12 ‘‘(3) APPLICABLE AMOUNT.—For purposes of 

13 paragraph (2)(A), the applicable amount shall be de14 termined as follows: 

15 ‘‘(A) In the case of a passenger automobile 

16 which achieves: 

‘‘The fuel economy of: The applicable 

amount is: 

At least 33.2 but less than 34.2 ................................................. $900

At least 34.2 but less than 35.2 ................................................. $1,000

At least 35.2 but less than 36.2 ................................................. $1,100

At least 36.2 but less than 37.2 ................................................. $1,200

At least 37.2 but less than 38.2 ................................................. $1,300

At least 38.2 but less than 39.2 ................................................. $1,400

At least 39.2 but less than 40.2 ................................................. $1,500

At least 40.2 but less than 41.2 ................................................. $1,600

At least 41.2 but less than 42.2 ................................................. $1,700

At least 42.2 but less than 43.2 ................................................. $1,800

At least 43.2 but less than 44.2 ................................................. $1,900

At least 44.2 but less than 45.2 ................................................. $2,000

At least 45.2 but less than 46.2 ................................................. $2,100

At least 46.2 but less than 47.2 ................................................. $2,200

At least 47.2 but less than 48.2 ................................................. $2,300

At least 48.2 but less than 49.2 ................................................. $2,400


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‘‘The fuel economy of: The applicable 

amount is: 

At least 49.2 ............................................................................... $2,500. 

1 ‘‘(B) In the case of a non-passenger auto2 mobile which achieves: 

‘‘The fuel economy of: The applicable 

amount is: 

At least 26.5 but less than 27.5 ................................................. $900

At least 27.5 but less than 28.5 ................................................. $1,000

At least 28.5 but less than 29.5 ................................................. $1,100

At least 29.5 but less than 30.5 ................................................. $1,200

At least 30.5 but less than 31.5 ................................................. $1,300

At least 31.5 but less than 32.5 ................................................. $1,400

At least 32.5 but less than 33.5 ................................................. $1,500

At least 33.5 but less than 34.5 ................................................. $1,600

At least 34.5 but less than 35.5 ................................................. $1,700

At least 35.5 but less than 36.5 ................................................. $1,800

At least 36.5 but less than 37.5 ................................................. $1,900

At least 37.5 but less than 38.5 ................................................. $2,000

At least 38.5 but less than 39.5 ................................................. $2,100

At least 39.5 but less than 40.5 ................................................. $2,200

At least 40.5 but less than 41.5 ................................................. $2,300

At least 41.5 but less than 42.5 ................................................. $2,400

At least 42.5 ............................................................................... $2,500. 

3 ‘‘(b) NEW QUALIFIED FUEL-EFFICIENT MOTOR VE4 HICLE.—For purposes of this section, the term ‘new quali5 fied fuel-efficient motor vehicle’ means a passenger auto6 mobile or non-passenger automobile— 

7 ‘‘(1) which is treated as a motor vehicle for 

8 purposes of title II of the Clean Air Act, 

9 ‘‘(2) which— 

10 ‘‘(A) in the case of a passenger automobile, 

11 achieves a fuel economy of not less than 110 

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1 omy standard for the model year for all pas2 senger automobiles, and 

3 ‘‘(B) in the case of a non-passenger auto4 mobile, achieves a fuel economy of not less than 

5 110 percent of the industry-wide average fuel 

6 economy standard for the model year for all 

7 non-passenger automobiles, 

8 ‘‘(3) which has a gross vehicle weight rating of 

9 less than 14,000 pounds, 

10 ‘‘(4) the original use of which commences with 

11 the taxpayer, 

12 ‘‘(5) which is acquired for use or lease by the 

13 taxpayer and not for resale, and 

14 ‘‘(6) which is made by a manufacturer during 

15 the period beginning with model year 2011 and end16 ing with model year 2020. 

17 ‘‘(c) APPLICATION WITH OTHER CREDITS.— 

18 ‘‘(1) BUSINESS CREDIT TREATED AS PART OF

19 GENERAL BUSINESS CREDIT.—So much of the credit 

20 which would be allowed under subsection (a) for any 

21 taxable year (determined without regard to this sub22 section) that is attributable to property of a char23 acter subject to an allowance for depreciation shall 

24 be treated as a credit listed in section 38(b) for such 

25 taxable year (and not allowed under subsection (a)). 


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1 ‘‘(2) PERSONAL CREDIT.— 

2 ‘‘(A) IN GENERAL.—For purposes of this 

3 title, the credit allowed under subsection (a) for 

4 any taxable year (determined after application 

5 of paragraph (1)) shall be treated as a credit 

6 allowable under subpart A for such taxable 

7 year. 

8 ‘‘(B) LIMITATION BASED ON AMOUNT OF

9 TAX.—In the case of a taxable year to which 

10 section 26(a)(2) does not apply, the credit al11 lowed under subsection (a) for any taxable year 

12 (determined after application of paragraph (1)) 

13 shall not exceed the excess of— 

14 ‘‘(i) the sum of the regular tax liabil15 ity (as defined in section 26(b)) plus the 

16 tax imposed by section 55, over 

17 ‘‘(ii) the sum of the credits allowable 

18 under subpart A (other than this section 

19 and sections 23, 25D, 30, and 30D) and 

20 section 27 for the taxable year. 

21 ‘‘(d) OTHER DEFINITIONS.—For purposes of this 

22 section— 

23 ‘‘(1) MANUFACTURER.—The term ‘manufac24 turer’ has the meaning given such term in regula25 tions prescribed by the Administrator of the EnviVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1093.IS S1093

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1 ronmental Protection Agency for purposes of the ad2 ministration of title II of the Clean Air Act (42 

3 U.S.C. 7521 et seq.). 

4 ‘‘(2) MODEL YEAR.—The term ‘model year’ has 

5 the meaning given such term under section 32901(a) 

6 of such title 49. 

7 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi8 cle’ means any vehicle which is manufactured pri9 marily for use on public streets, roads, and highways 

10 (not including a vehicle operated exclusively on a rail 

11 or rails) and which has at least 4 wheels. 

12 ‘‘(4) FUEL ECONOMY; AVERAGE FUEL ECONOMY

13 STANDARD.—The terms ‘fuel economy’ and ‘average 

14 fuel economy standard’ have the meanings given 

15 such terms under section 32901 of such title 49. 

16 ‘‘(e) SPECIAL RULES.— 

17 ‘‘(1) BASIS REDUCTION.—For purposes of this 

18 subtitle, the basis of any property for which a credit 

19 is allowable under subsection (a) shall be reduced by 

20 the amount of such credit so allowed. 

21 ‘‘(2) NO DOUBLE BENEFIT.—The amount of 

22 any deduction or other credit allowable under this 

23 chapter for a new qualified fuel-efficient motor vehi24 cle shall be reduced by the amount of credit allowed 

25 under subsection (a) for such vehicle. 


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1 ‘‘(3) CREDIT MAY BE TRANSFERRED.— 

2 ‘‘(A) IN GENERAL.—A taxpayer may, in 

3 connection with the purchase of a new qualified 

4 fuel-efficient motor vehicle, transfer any credit 

5 allowable under subsection (a) to any person 

6 who is in the trade or business of selling new 

7 qualified fuel-efficient motor vehicles, but only 

8 if such person clearly discloses to such tax9 payer, through the use of a window sticker at10 tached to the new qualified fuel-efficient vehi11 cle— 

12 ‘‘(i) the amount of any credit allow13 able under subsection (a) with respect to 

14 such vehicle (determined without regard to 

15 subsection (c)), and 

16 ‘‘(ii) a notification that the taxpayer 

17 will not be eligible for any credit under 

18 section 30, 30B, or 30D with respect to 

19 such vehicle unless the taxpayer elects not 

20 to have this section apply with respect to 

21 such vehicle. 

22 ‘‘(B) CONSENT REQUIRED FOR REVOCA23 TION.—Any transfer under subparagraph (A) 

24 may be revoked only with the consent of the 

25 Secretary. 


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1 ‘‘(C) REGULATIONS.—The Secretary may 

2 prescribe such regulations as necessary to en3 sure that any credit described in subparagraph 

4 (A) is claimed once and not retransferred by a 

5 transferee. 

6 ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES

7 NOT QUALIFIED.—No credit shall be allowable under 

8 subsection (a) with respect to any property referred 

9 to in section 50(b)(1). 

10 ‘‘(5) RECAPTURE.—The Secretary shall, by reg11 ulations, provide for recapturing the benefit of any 

12 credit allowable under subsection (a) with respect to 

13 any property which ceases to be property eligible for 

14 such credit. 

15 ‘‘(6) ELECTION NOT TO TAKE CREDIT.—No 

16 credit shall be allowed under subsection (a) for any 

17 vehicle if the taxpayer elects to not have this section 

18 apply to such vehicle. 

19 ‘‘(7) INTERACTION WITH AIR QUALITY AND

20 MOTOR VEHICLE SAFETY STANDARDS.—A motor ve21 hicle shall not be considered eligible for a credit 

22 under this section unless such vehicle is in compli23 ance with— 

24 ‘‘(A) the applicable provisions of the Clean 

25 Air Act for the applicable make and model year 


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1 of the vehicle (or applicable air quality provi2 sions of State law in the case of a State which 

3 has adopted such provision under a waiver 

4 under section 209(b) of the Clean Air Act), and 

5 ‘‘(B) the motor vehicle safety provisions of 

6 sections 30101 through 30169 of title 49, 

7 United States Code. 

8 ‘‘(f) TERMINATION.—This section shall not apply to 

9 property placed in service after December 31, 2020.’’. 

10 (b) CREDIT ALLOWED AGAINST ALTERNATIVE MIN11 IMUM TAX.— 

12 (1) BUSINESS CREDIT.—Section 38(c)(4)(B) is 

13 amended by redesignating clauses (i) through (viii) 

14 as clauses (ii) through (ix), respectively, and by in15 serting before clause (ii) (as so redesignated) the fol16 lowing new clause: 

17 ‘‘(i) the credit determined under sec18 tion 30E,’’. 

19 (2) PERSONAL CREDIT.— 

20 (A) Section 24(b)(3)(B) is amended by 

21 striking ‘‘and 30D’’ and inserting ‘‘30D, and 

22 30E’’. 

23 (B) Section 25(e)(1)(C)(ii) is amended by 

24 inserting ‘‘30E,’’ after ‘‘30D,’’. 


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1 (C) Section 25B(g)(2) is amended by strik2 ing ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. 

3 (D) Section 26(a)(1) is amended by strik4 ing ‘‘ and 30D’’ and inserting ‘‘30D, and 30E’’. 

5 (E) Section 904(i) is amended by striking 

6 ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) Section 38(a) is amended by striking ‘‘plus’’ 

9 at the end of paragraph (34), by striking the period 

10 at the end of paragraph (35) and inserting ‘‘, plus’’, 

11 and by adding at the end the following new para12 graph: 

13 ‘‘(36) the portion of the new qualified fuel-effi14 cient motor vehicle credit to which section 30E(c)(1) 

15 applies.’’. 

16 (2) Section 1016(a) is amended by striking 

17 ‘‘and’’ at the end of paragraph (36), by striking the 

18 period at the end of paragraph (37) and inserting ‘‘, 

19 and’’, and by adding at the end the following new 

20 paragraph: 

21 ‘‘(38) to the extent provided in section 

22 30E(e)(1).’’. 

23 (3) Section 6501(m) is amended by inserting 

24 ‘‘30E(e)(6),’’ after ‘‘30D(e)(4),’’. 


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1 (4) The table of section for subpart C of part 

2 IV of subchapter A of chapter 1 is amended by in3 serting after the item relating to section 30D the 

4 following new item: 

‘‘Sec. 30E. Fuel-efficient motor vehicle credit.’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to property placed in service after 

7 December 31, 2009. 

8 SEC. 3. CREDIT FOR FUEL SAVINGS COMPONENTS FOR 

9 CERTAIN VEHICLES. 

10 (a) IN GENERAL.—Subpart D of part IV of sub11 chapter A of chapter 1 (relating to business-related cred12 its) is amended by adding at the end the following new 

13 section: 

14 ‘‘SEC. 45R. CREDIT FOR FUEL SAVINGS COMPONENTS FOR 

15 CERTAIN VEHICLES. 

16 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

17 the fuel savings tax credit determined under this section 

18 for the taxable year is an amount equal to the applicable 

19 percentage of the amount paid or incurred for 1 or more 

20 qualifying fuel savings components placed in service on a 

21 qualifying vehicle by the taxpayer during the taxable year. 

22 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

23 subsection (a), the applicable percentage is equal to the 

24 sum of— 

25 ‘‘(1) 5 percent, plus 


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1 ‘‘(2) 5 percentage points (not to exceed 45 per2 centage points), for each percent in excess of 2 per3 cent by which the fuel economy achieved by the 

4 qualifying vehicle with 1 or more qualifying fuel sav5 ings components exceeds such qualifying vehicle 

6 without such component or components. 

7 ‘‘(c) DEFINITIONS.—For purposes of this section— 

8 ‘‘(1) QUALIFYING FUEL SAVINGS COMPO9 NENT.—The term ‘qualifying fuel savings compo10 nent’ means any device or system of devices that— 

11 ‘‘(A) is installed on a qualifying vehicle, 

12 ‘‘(B) is designed to increase the fuel econ13 omy of such vehicle by at least 2 percent, the 

14 amount of such increase to be verified by the 

15 Administrator of the Environmental Protection 

16 Agency under the SmartWay Transport Part17 nership, 

18 ‘‘(C) the original use of which commences 

19 with the taxpayer, 

20 ‘‘(D) is acquired for use by the taxpayer 

21 and not for resale, and 

22 ‘‘(E) has not been taken into account for 

23 purposes of determining the credit under this 

24 section for any preceding taxable year with re25 spect to such qualifying vehicle. 


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1 ‘‘(2) QUALIFYING VEHICLE.—The term ‘quali2 fying vehicle’ means any vehicle subject to transpor3 tation fuels regulations under the Clean Air Act. 

4 ‘‘(3) FUEL ECONOMY.—The term ‘fuel econ5 omy’ has the meaning given such term under section 

6 32901 of such title 49. 

7 ‘‘(d) SPECIAL RULES.— 

8 ‘‘(1) NO DOUBLE BENEFIT.— 

9 ‘‘(A) REDUCTION IN BASIS.—If a credit is 

10 determined under this section with respect to 

11 any property by reason of expenditures de12 scribed in subsection (a), the basis of such 

13 property shall be reduced by the amount of the 

14 credit so determined. 

15 ‘‘(B) OTHER DEDUCTIONS AND CRED16 ITS.—The amount of any deduction or other 

17 credit allowable under this chapter for a quali18 fying vehicle shall be reduced by the amount of 

19 credit allowed under subsection (a) with respect 

20 to such vehicle. 

21 ‘‘(2) CREDIT MAY BE TRANSFERRED.— 

22 ‘‘(A) IN GENERAL.—A taxpayer may, in 

23 connection with the purchase of a qualifying 

24 fuel savings component, transfer any credit al25 lowable under subsection (a) to any person who 


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1 is in the trade or business of selling such com2 ponents, but only if such person clearly dis3 closes to such taxpayer, through the use of a 

4 sticker attached to the qualifying fuel savings 

5 component, the amount of any credit allowable 

6 under subsection (a) with respect to such com7 ponent. 

8 ‘‘(B) CONSENT REQUIRED FOR REVOCA9 TION.—Any transfer under subparagraph (A) 

10 may be revoked only with the consent of the 

11 Secretary. 

12 ‘‘(C) REGULATIONS.—The Secretary may 

13 prescribe such regulations as necessary to en14 sure that any credit described in subparagraph 

15 (A) is claimed once and not retransferred by a 

16 transferee. 

17 ‘‘(3) ELECTION NOT TO CLAIM CREDIT.—No 

18 credit shall be allowed under subsection (a) for any 

19 component if the taxpayer elects to not have this 

20 section apply to such component. 

21 ‘‘(e) TERMINATION.—This section shall not apply to 

22 property placed in service after December 31, 2020.’’. 

23 (b) CREDIT TO BE PART OF GENERAL BUSINESS

24 CREDIT.—Subsection (b) of section 38 (relating to general 

25 business credit), as amended by this Act, is amended by 


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1 striking ‘‘plus’’ at the end of paragraph (35), by striking 

2 the period at the end of paragraph (36) and inserting ‘‘, 

3 plus’’ , and by adding at the end the following new para4 graph: 

5 ‘‘(37) the fuel savings tax credit determined 

6 under section 45R(a).’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) The table of sections for subpart D of part 

9 IV of subchapter A of chapter 1 is amended by in10 serting after the item relating to section 45Q the fol11 lowing new item: 

‘‘Sec. 45R. Credit for fuel savings components for certain vehicles and engines.’’. 

12 (2) Section 1016(a), as amended by this Act, is 

13 amended by striking ‘‘and’’ at the end of paragraph 

14 (37), by striking the period at the end of paragraph 

15 (38) and inserting ‘‘, and’’, and by adding at the 

16 end the following: 

17 ‘‘(39) in the case of a component with respect 

18 to which a credit was allowed under section 45R, to 

19 the extent provided in section 45R(d)(1)(A).’’. 

20 (3) Section 6501(m), as amended by this Act, 

21 is amended by inserting ‘‘45R(d)(3)’’ after 

22 ‘‘45H(g)’’. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to property placed in service after 


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1 December 31, 2009, in taxable years ending after such 

2 date. 

3 SEC. 4. INCREASE IN GAS GUZZLER TAX. 

4 (a) IN GENERAL.—Subsection (a) of section 4064 

5 (relating to gas guzzler tax) is amended to read as follows: 

6 ‘‘(a) IMPOSITION OF TAX.— 

7 ‘‘(1) IN GENERAL.—There is hereby imposed on 

8 the sale by the manufacturer of each automobile a 

9 tax equal to— 

10 ‘‘(A) in the case of any automobile manu11 factured in model year 2011, the applicable tax 

12 amount determined in accordance with the table 

13 contained in paragraph (2), and 

14 ‘‘(B) in the case of any automobile manu15 factured in a model year after 2011, if the fuel 

16 economy of the model type in which such auto17 mobile falls is less than 80 percent of the indus18 try-wide average fuel economy standard for 

19 such model year for all automobiles, an amount 

20 equal to the lesser of— 

21 ‘‘(i) an amount based on each mile 

22 per gallon reduction below such 80 percent 

23 equal tol 

24 ‘‘(I) $1,000 for the first mile per 

25 gallon reduction, or 


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1 ‘‘(II) an aggregate amount equal 

2 to 125 percent of the previous dollar 

3 amount for each additional mile per 

4 gallon reduction, or 

5 ‘‘(ii) $22,737. 

6 For purposes of subparagraph (B), any fraction 

7 of a mile per gallon shall be rounded to the 

8 nearest mile per gallon and any fraction of a 

9 dollar shall be rounded to the nearest dollar. 

10 ‘‘(2) APPLICABLE TAX AMOUNT.—For purposes 

11 of paragraph (1)(A), the applicable tax amount shall 

12 be determined as follows: 

‘‘If the fuel economy of the model type in which the automobile 

falls is: 

The applicable 

tax amount is: 

At least 24.2 ............................................................................... $0

At least 23.2 but less than 24.2 ................................................. $1,000

At least 22.2 but less than 23.2 ................................................. $1,250

At least 21.2 but less than 22.2 ................................................. $1,563

At least 20.2 but less than 21.2 ................................................. $1,953

At least 19.2 but less than 20.2 ................................................. $2,441

At least 18.2 but less than 19.2 ................................................. $3,052

At least 17.2 but less than 18.2 ................................................. $3,815

At least 16.2 but less than 17.2 ................................................. $4,768

At least 15.2 but less than 16.2 ................................................. $5,960

At least 14.2 but less than 15.2 ................................................. $7,451

At least 13.2 but less than 14.2 ................................................. $9,313

At least 12.2 but less than 13.2 ................................................. $11,642

At least 11.2 but less than 12.2 ................................................. $14,552

At least 10.2 but less than 11.2 ................................................. $18,190

Less than 10.2 ............................................................................ $22,737.’’. 

13 (b) DEFINITION.—Section 4064(b) (relating to defi14 nitions) is amended by adding at the end the following 

15 new paragraph: 


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1 ‘‘(8) AVERAGE FUEL ECONOMY STANDARD.— 

2 The term ‘average fuel economy standard’ has the 

3 meaning given such term under section 32901 of 

4 title 49, United States Code.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to sales after December 31, 2009. 

7 SEC. 5. INCREASE IN MANUFACTURER CAFE PENALTIES. 

8 (a) IN GENERAL.—Section 32912 of title 49, United 

9 States Code, is amended— 

10 (1) by striking ‘‘$5’’ in subsection (b) and in11 serting ‘‘$50’’, and 

12 (2) by striking ‘‘$10’’ in subsection (c)(1)(B) 

13 and inserting ‘‘$100’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to model years beginning after the 

16 date of the enactment of this Act. 

17 SEC. 6. DEPLOYMENT OF LOW-GREENHOUSE GAS AND 

18 FUEL-SAVING TECHNOLOGIES. 

19 Section 756 of the Energy Policy Act of 2005 (42 

20 U.S.C. 16104) is amended— 

21 (1) by striking the section heading and all that 

22 follows through the end of subsection (b) and insert23 ing the following: 


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1 ‘‘SEC. 756. DEPLOYMENT OF LOW-GREENHOUSE GAS AND 

2 FUEL-SAVING TECHNOLOGIES. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis5 trator’ means the Administrator of the Environ6 mental Protection Agency. 

7 ‘‘(2) ADVANCED TRUCK STOP ELECTRIFICATION

8 SYSTEM.—The term ‘advanced truck stop electrifica9 tion system’ means a stationary system that delivers 

10 heat, air conditioning, electricity, or communica11 tions, and is capable of providing verifiable and 

12 auditable evidence of use of those services, to a 

13 heavy-duty vehicle and any occupants of the heavy14 duty vehicle with, or for delivery, of those services. 

15 ‘‘(3) AUXILIARY POWER UNIT.—The term ‘aux16 iliary power unit’ means an integrated system that— 

17 ‘‘(A) provides heat, air conditioning, engine 

18 warming, or electricity to components on a 

19 heavy-duty vehicle; and 

20 ‘‘(B) is certified by the Administrator 

21 under part 89 of title 40, Code of Federal Reg22 ulations (or any successor regulation), as meet23 ing applicable emission standards. 

24 ‘‘(4) HEAVY-DUTY VEHICLE.—The term ‘heavy25 duty vehicle’ means a vehicle that has a gross vehicle 

26 weight rating greater than 8,500 pounds. 


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1 ‘‘(5) IDLE REDUCTION TECHNOLOGY.—The 

2 term ‘idle reduction technology’ means an advanced 

3 truck stop electrification system, auxiliary power 

4 unit, or other technology that— 

5 ‘‘(A) is used to reduce idling; and 

6 ‘‘(B) allows for the main drive engine or 

7 auxiliary refrigeration engine to be shut down. 

8 ‘‘(6) LONG-DURATION IDLING.— 

9 ‘‘(A) IN GENERAL.—The term ‘long-dura10 tion idling’ means the operation of a main drive 

11 engine or auxiliary refrigeration engine, for a 

12 period greater than 15 consecutive minutes, at 

13 a time at which the main drive engine is not en14 gaged in gear. 

15 ‘‘(B) EXCLUSIONS.—The term ‘long-dura16 tion idling’ does not include the operation of a 

17 main drive engine or auxiliary refrigeration en18 gine during a routine stoppage associated with 

19 traffic movement or congestion. 

20 ‘‘(7) LOW-GREENHOUSE GAS AND FUEL-SAVING

21 TECHNOLOGY.—The term ‘low-greenhouse gas and 

22 fuel-saving technology’ means any device, system of 

23 devices, strategies, or equipment that— 

24 ‘‘(A) reduces greenhouse gas emissions; or 

25 ‘‘(B) improves fuel efficiency. 


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1 ‘‘(b) LOW-GREENHOUSE GAS AND FUEL-SAVING

2 TECHNOLOGY DEPLOYMENT PROGRAM.— 

3 ‘‘(1) ESTABLISHMENT.— 

4 ‘‘(A) IN GENERAL.—Not later than 90 

5 days after the date of enactment of the 

6 OILSAVE Act, the Administrator, in consulta7 tion with the Secretary of Energy, shall imple8 ment, through the SmartWay Transport Part9 nership of the Environmental Protection Agen10 cy, a program to support deployment of low11 greenhouse gas and fuel-saving technologies. 

12 ‘‘(B) PRIORITY.—The Administrator shall 

13 give priority to the deployment of low-green14 house gas and fuel-saving technologies that 

15 meet SmartWay performance thresholds devel16 oped under paragraph (2)(B). 

17 ‘‘(2) TECHNOLOGY DESIGNATION AND DEPLOY18 MENT.—The Administrator shall— 

19 ‘‘(A) develop measurement protocols to 

20 evaluate the fuel consumption and greenhouse 

21 gas performance of transportation technologies, 

22 including technologies for passenger transport 

23 and goods movement; 

24 ‘‘(B) develop SmartWay performance 

25 thresholds that can be used to certify, verify, or 


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1 designate low-greenhouse gas and fuel-saving 

2 technologies that provide superior environ3 mental performance for each mode of passenger 

4 transportation and goods movement; and 

5 ‘‘(C)(i) publish a list of low-greenhouse gas 

6 and fuel-saving technologies; 

7 ‘‘(ii) identify the greenhouse gas and fuel 

8 efficiency performance of each technology; and 

9 ‘‘(iii) identify those technologies that meet 

10 the SmartWay performance thresholds devel11 oped under subparagraph (B). 

12 ‘‘(3) PROMOTION AND DEPLOYMENT OF TECH13 NOLOGIES.—The Administrator shall— 

14 ‘‘(A) implement partnership and recogni15 tion programs to promote best practices and 

16 drive demand for fuel-efficient, low-greenhouse 

17 gas transportation performance; 

18 ‘‘(B) promote the availability of and en19 courage the adoption of technologies that meet 

20 the SmartWay performance thresholds devel21 oped under paragraph (2)(B); 

22 ‘‘(C) publicize the availability of financial 

23 incentives (such as Federal tax incentives, 

24 grants, and low-cost loans) for the deployment 


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1 of low-greenhouse gas and fuel-saving tech2 nologies; and 

3 ‘‘(D) deploy low-greenhouse gas and fuel4 saving technologies through grant and loan pro5 grams. 

6 ‘‘(4) STAKEHOLDER CONSULTATION.— 

7 ‘‘(A) IN GENERAL.—The Administrator 

8 shall solicit the comments of interested parties 

9 prior to establishing a new or revising an exist10 ing SmartWay technology category, measure11 ment protocol, or performance threshold. 

12 ‘‘(B) NOTICE.—On adoption of a new or 

13 revised technology category, measurement pro14 tocol, or performance threshold, the Adminis15 trator shall publish a notice and explanation of 

16 any changes and, if appropriate, responses to 

17 comments submitted by interested parties. 

18 ‘‘(5) FREIGHT PARTNERSHIP.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 shall implement, through the SmartWay Trans21 port Partnership, a program with shippers and 

22 carriers of goods to promote fuel-efficient, low23 greenhouse gas transportation. 

24 ‘‘(B) ADMINISTRATION.—The Adminis25 trator shall— 


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1 ‘‘(i) verify the greenhouse gas per2 formance and fuel efficiency of partici3 pating freight carriers, including carriers 

4 involved in rail, trucking, marine, and 

5 other goods movement operations; 

6 ‘‘(ii) publish a comprehensive green7 house gas and fuel efficiency performance 

8 index of freight modes (including rail, 

9 trucking, marine, and other modes of 

10 transporting goods) and individual freight 

11 companies so that shippers can choose to 

12 deliver the goods of the shippers most effi13 ciently with minimum greenhouse gas 

14 emissions; 

15 ‘‘(iii) develop tools for— 

16 ‘‘(I) freight carriers to calculate 

17 and improve the fuel efficiency and 

18 greenhouse gas performance of the 

19 carriers; and 

20 ‘‘(II) shippers— 

21 ‘‘(aa) to calculate the fuel 

22 and greenhouse gas impacts of 

23 moving the products of the ship24 pers; and 


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1 ‘‘(bb) to evaluate the relative 

2 impacts from transporting the 

3 goods of the shippers by different 

4 modes and carriers; and 

5 ‘‘(iv) recognize participating shipper 

6 and carrier companies that demonstrate 

7 advanced practices and achieve superior 

8 levels of fuel efficiency and greenhouse gas 

9 performance. 

10 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Ad12 ministrator to carry out this subsection $19,500,000 

13 for each of fiscal years 2010 through 2020.’’; and 

14 (2) by striking subsection (d) and inserting the 

15 following: 

16 ‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS PER17 FORMANCE DATABASES.—The Secretary of Commerce, in 

18 consultation with the Administrator, shall— 

19 ‘‘(1)(A) define and collect data on the physical 

20 and operational characteristics of the truck fleet of 

21 the United States, with special emphasis on data re22 lating to fuel efficiency and greenhouse gas perform23 ance to provide data for the performance index pub24 lished under subsection (b)(5)(B)(ii); and 


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1 ‘‘(B) publish the data described in subpara2 graph (A) through the Vehicle Inventory and Use 

3 Survey as soon as practicable after the date of en4 actment of the OILSAVE Act, and at least every 5 

5 years thereafter, as part of the economic census re6 quired under title 13, United States Code; and 

7 ‘‘(2) define, collect, and publish data for other 

8 modes of goods transport (including rail and ma9 rine), as necessary. 

10 ‘‘(e) REPORT.—Not later than 18 months after the 

11 date on which funds are initially awarded under this sec12 tion and on a biennial basis thereafter, the Administrator 

13 shall submit to Congress a report containing a description 

14 of— 

15 ‘‘(1) actions taken to implement the low-green16 house gas and fuel-saving technology deployment 

17 program established under subsection (b), includ18 ing— 

19 ‘‘(A) the measurement protocols; 

20 ‘‘(B) the SmartWay performance thresh21 olds; and 

22 ‘‘(C) a list of low-greenhouse gas and fuel23 saving technologies; and 


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1 ‘‘(2) estimated greenhouse gas emissions and 

2 fuel savings from the program.’’. 

Æ 


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