II 

110TH CONGRESS 

1ST SESSION S. 1073 

To amend the Clean Air Act to promote the use of fuels with low lifecycle 

greenhouse gas emissions, to establish a greenhouse gas performance 

standard for motor vehicle fuels, to require a significant decrease in 

greenhouse gas emissions from motor vehicles, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2007 

Mrs. FEINSTEIN (for herself, Ms. COLLINS, and Ms. SNOWE) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Clean Air Act to promote the use of fuels 

with low lifecycle greenhouse gas emissions, to establish 

a greenhouse gas performance standard for motor vehicle 

fuels, to require a significant decrease in greenhouse 

gas emissions from motor vehicles, 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 ‘‘Clean Fuels and Vehi5 cles Act of 2007’’. 


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1 SEC. 2. FUEL WITH LOW LIFECYCLE GREENHOUSE GAS 

2 EMISSIONS; GREENHOUSE GAS EMISSION RE3 DUCTIONS. 

4 Title II of the Clean Air Act (42 U.S.C. 7581 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘PART D—FUEL WITH LOW LIFECYCLE GREEN7 HOUSE GAS EMISSIONS; GREENHOUSE GAS 

8 EMISSION REDUCTIONS 

9 ‘‘SEC. 251. DEFINITIONS. 

10 ‘‘In this part: 

11 ‘‘(1) GREENHOUSE GAS.—The term ‘greenhouse 

12 gas’ means— 

13 ‘‘(A) carbon dioxide; 

14 ‘‘(B) methane; 

15 ‘‘(C) nitrous oxide; 

16 ‘‘(D) hydrofluorocarbons; 

17 ‘‘(E) perfluorocarbons; and 

18 ‘‘(F) sulfur hexafluoride. 

19 ‘‘(2) LIFECYCLE GREENHOUSE GAS EMIS20 SIONS.—The term ‘lifecycle greenhouse gas emis21 sions’ means the aggregate quantity of greenhouse 

22 gases emitted per unit of fuel from production to use 

23 (including feedstock production or extraction and 

24 distribution). 

25 ‘‘(3) MAJOR OIL COMPANY.—The term ‘major 

26 oil company’ has the meaning given the term in secVerDate Aug 31 2005 01:11 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1073.IS S1073

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1 tion 105(b) of the Energy Policy and Conservation 

2 Act (42 U.S.C. 6213(b)). 

3 ‘‘(4) MOTOR VEHICLE.—The term ‘motor vehi4 cle’ has the meaning given the term in section 216. 

5 ‘‘SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS 

6 FROM FUELS AVAILABLE FOR MOTOR VEHI7 CLES. 

8 ‘‘(a) DETERMINATION PROCESS; FUEL EMISSIONS

9 BASELINE.— 

10 ‘‘(1) IN GENERAL.—Not later than January 1, 

11 2010, the Administrator shall, by regulation— 

12 ‘‘(A) establish a determination process for 

13 use in determining the lifecycle greenhouse gas 

14 emissions of a fuel; and 

15 ‘‘(B) based on the aggregate quantity and 

16 variety of fuels available for motor vehicles used 

17 in the United States during calendar year 2007, 

18 determine the average quantity of lifecycle 

19 greenhouse gas emissions per unit of energy de20 livered to a motor vehicle (referred to in this 

21 section as the ‘fuel emissions baseline’). 

22 ‘‘(2) CONSIDERATIONS.—For purposes of deter23 mining the lifecycle greenhouse gas emissions of a 

24 fuel under paragraph (1), the Administrator shall 

25 consider— 


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1 ‘‘(A) greenhouse gas emissions resulting 

2 from— 

3 ‘‘(i) production, extraction, distribu4 tion, transportation, and end use of the 

5 fuel; 

6 ‘‘(ii) issues relating to the end use ef7 ficiency of the fuel; 

8 ‘‘(iii) changes in land use and land 

9 cover resulting from an activity described 

10 in clause (i) with respect to the fuel; and 

11 ‘‘(iv) net climate impacts affecting the 

12 energy and agricultural sectors resulting 

13 from an activity described in clause (i) 

14 with respect to the fuel; and 

15 ‘‘(B) any other appropriate matters, as de16 termined by the Administrator. 

17 ‘‘(3) REQUIREMENTS.—The Administrator shall 

18 include in regulations promulgated to carry out 

19 paragraph (1) procedures by which the Adminis20 trator shall— 

21 ‘‘(A) determine the lifecycle greenhouse 

22 gas emissions of a fuel and the fuel emissions 

23 baseline; 

24 ‘‘(B) make each determination described in 

25 subparagraph (A), and information used in 


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1 making the determinations, available to con2 sumers; 

3 ‘‘(C) label fuels with low lifecycle green4 house gas emissions; and 

5 ‘‘(D) provide information about adverse 

6 impacts of the fuel on— 

7 ‘‘(i) land use and land cover; 

8 ‘‘(ii) water, soil, and air quality; and 

9 ‘‘(iii) public health. 

10 ‘‘(b) SUBSEQUENT AVERAGE LIFECYCLE GREEN11 HOUSE GAS EMISSIONS.—Not later than June 1, 2013, 

12 and annually thereafter, based on the aggregate quantity 

13 and variety of fuel available for motor vehicles used in the 

14 United States during the preceding calendar year, the Ad15 ministrator shall determine, in accordance with the regula16 tions promulgated under subsection (a), the average quan17 tity of lifecycle greenhouse gas emissions per unit of en18 ergy delivered to a motor vehicle through the use of a unit 

19 of fuel for motor vehicles for the preceding calendar year. 

20 ‘‘(c) REQUIRED REDUCTIONS IN LIFECYCLE GREEN21 HOUSE GAS EMISSIONS.— 

22 ‘‘(1) REGULATIONS.—The Administrator shall 

23 promulgate regulations to establish a credit trading 

24 program to address the lifecycle greenhouse gas 


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1 emissions from fuels available for use in motor vehi2 cles. 

3 ‘‘(2) REQUIRED EMISSION REDUCTIONS.—The 

4 Administrator shall, by regulation, require each 

5 major oil company, refiner, or fuel importer that 

6 produces, sells, or introduces gasoline or other fuels 

7 available for use in motor vehicles into commerce in 

8 the United States to reduce the average lifecycle 

9 greenhouse gas emissions per unit of energy deliv10 ered to a motor vehicle through fuel to a level that 

11 is— 

12 ‘‘(A) for calendar year 2015, 3 percent 

13 below the fuel emissions baseline; and 

14 ‘‘(B) not later than every fifth calendar 

15 year thereafter, 3 percent below the average 

16 quantity of lifecycle greenhouse gas emissions 

17 per unit of energy delivered to a vehicle allowed 

18 pursuant to this section during the required 

19 fuel emissions level for the preceding calendar 

20 year, as determined by the Administrator under 

21 subsection (b). 

22 ‘‘(3) USE OF CREDITS.— 

23 ‘‘(A) IN GENERAL.—For the purpose of 

24 complying with the required reductions in 

25 lifecycle greenhouse gas emissions under this 


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1 section, each major oil company, fuel refiner, or 

2 fuel importer shall demonstrate, on an annual 

3 basis, that the fuel mix provided to the market 

4 by the company, refiner, or importer meets the 

5 lifecycle greenhouse gas emission level specified 

6 in subparagraphs (A) and (B) of paragraph (2), 

7 including if necessary, by using credits pre8 viously banked or purchased. 

9 ‘‘(B) CREDITS FOR ADDITIONAL REDUC10 TIONS.—The regulations promulgated to carry 

11 out this section shall permit a provider of a fuel 

12 that achieves a greater reduction in lifecycle 

13 greenhouse gas emissions than is required 

14 under subparagraph (A) or (B) of paragraph 

15 (2) for a particular compliance period to gen16 erate credits, based on— 

17 ‘‘(i) the quantity of fuel provided; and 

18 ‘‘(ii) the difference between— 

19 ‘‘(I) the greater reduction in 

20 lifecycle greenhouse gas emissions of 

21 the fuel under subparagraph (A) or 

22 (B) of paragraph (2); and 

23 ‘‘(II) the minimum required re24 duction in lifecycle greenhouse gas 


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1 emissions of the fuel under that sub2 paragraph. 

3 ‘‘(d) STATEMENT OF CONGRESSIONAL INTENT.—It 

4 is the intent of Congress that, through implementation of 

5 this section— 

6 ‘‘(1) an incentive will be created for the use, in 

7 lieu of gasoline, of fuels having lower lifecycle green8 house gas emissions; and 

9 ‘‘(2) fuels with the lowest lifecycle greenhouse 

10 gas emissions will continue over time— 

11 ‘‘(A) to be improved; 

12 ‘‘(B) to become widely-available and com13 petitive in the marketplace; and 

14 ‘‘(C) to contribute to an overall reduction 

15 in greenhouse gas emissions. 

16 ‘‘SEC. 253. GREENHOUSE GAS EMISSION REDUCTIONS 

17 FROM AUTOMOBILES. 

18 ‘‘(a) VEHICLE EMISSIONS BASELINE.—Not later 

19 than January 1, 2009, based on the aggregate quantity 

20 and variety of new automobiles sold in the United States 

21 during model year 2002 and the average greenhouse gas 

22 emissions from those new automobiles, the Administrator 

23 shall determine the average quantity of greenhouse gas 

24 emissions per vehicle mile (referred to in this section as 

25 the ‘new vehicle emissions baseline’). 


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1 ‘‘(b) SUBSEQUENT AVERAGE EMISSIONS FROM NEW

2 AUTOMOBILES.—Not later than June 1, 2015, and annu3 ally thereafter, based on the aggregate quantity and vari4 ety of new automobiles sold in the United States during 

5 the preceding model year and the average greenhouse gas 

6 emissions from those new automobiles during the pre7 ceding model year, the Administrator shall determine the 

8 average quantity of greenhouse gas emissions per vehicle 

9 mile for the model year. 

10 ‘‘(c) REQUIRED REDUCTIONS IN GREENHOUSE GAS

11 EMISSIONS FROM AUTOMOBILES.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall, 

13 by regulation, require each manufacturer of auto14 mobiles for sale in the United States to reduce the 

15 average quantity of greenhouse gas emissions per ve16 hicle mile of the aggregate quantity and variety of 

17 automobiles manufactured by the manufacturer to a 

18 level that is— 

19 ‘‘(A) for automobiles manufactured in 

20 model year 2016, 30 percent less than the new 

21 vehicle emissions baseline; and 

22 ‘‘(B) not later than every fifth model year 

23 thereafter, such percent as shall be specified by 

24 the Administrator that is less than the average 

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1 cle mile required for the model year preceding 

2 that fifth model year, as determined by the Ad3 ministrator under subsection (b).’’. 

4 SEC. 3. OPTIMIZED DUAL FUELED VEHICLES. 

5 (a) OPTIMIZED DUAL FUELED AUTOMOBILES.—Sec6 tion 32901(a) of title 49, United States Code, is amend7 ed— 

8 (1) by striking paragraph (2) and inserting the 

9 following: 

10 ‘‘(2) ‘alternative fueled automobile’ means an 

11 automobile that is— 

12 ‘‘(A) a dedicated automobile; 

13 ‘‘(B) a dual fueled automobile; or 

14 ‘‘(C) an optimized dual fueled auto15 mobile.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(17) ‘optimized dual fueled automobile’ means 

18 an automobile that— 

19 ‘‘(A) is capable of operating on alternative 

20 fuel and on gasoline or diesel fuel; 

21 ‘‘(B) can satisfactorily operate throughout 

22 a Federal testing procedure exclusively on alter23 native fuel, when fueled with the maximum al24 ternative fuel capacity, as determined by the 


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1 Administrator of the Environmental Protection 

2 Agency; and 

3 ‘‘(C) when operated on alternative fuel, 

4 achieves an average fuel economy that is not 

5 less than 20 percent greater, on a gallon of gas6 oline-equivalent energy basis, than the fuel 

7 economy of the same automobile operated on 

8 gasoline or diesel fuel.’’. 

9 (b) FUEL ECONOMY CALCULATION FOR OPTIMIZED

10 DUAL FUEL AUTOMOBILES.—Section 32905 of title 49, 

11 United States Code, is amended— 

12 (1) in subsection (b)— 

13 (A) by redesignating paragraphs (1) and 

14 (2) as subparagraphs (A) and (B), respectively, 

15 and indenting the subparagraphs appropriately; 

16 (B) by striking ‘‘title, for any’’ and insert17 ing ‘‘title— 

18 ‘‘(1) for any’’; 

19 (C) in paragraph (1)(B) (as designated 

20 and redesignated by subparagraphs (A) and 

21 (B)), by striking ‘‘fuel.’’ and inserting ‘‘fuel; 

22 and’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(2) for any model of dual fueled automobile 

25 manufactured by a manufacturer in any of model 


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1 years 2011 through 2015, the Administrator of the 

2 Environmental Protection Agency shall measure the 

3 fuel economy for that model by dividing 1.0 by the 

4 sum obtained by adding— 

5 ‘‘(A) for optimized dual fueled automobiles, 

6 the sum obtained by adding— 

7 ‘‘(i) .5 divided by the fuel economy 

8 measured under section 32904(c), when 

9 operating the model on gasoline and diesel 

10 fuel; and 

11 ‘‘(ii) .5 divided by the fuel economy 

12 measured under subsection (a), when oper13 ating the model on alternative fuel; and 

14 ‘‘(B) for dual fueled automobiles other 

15 than optimized dual fueled automobiles, values 

16 that reflect the actual use of gasoline and diesel 

17 fuel relative to alternative fuel in the models 

18 based on a determination made by the Adminis19 trator, taking into account alternative fuel sales 

20 and total number of models of dual fueled vehi21 cles other than optimized dual fueled auto22 mobiles.’’; and 

23 (2) by striking subsection (f). 

24 (c) YEAR MODIFICATION.—Section 32906(a) of title 

25 49, United States Code, is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘(1)(A) For’’ and inserting 

3 ‘‘(1) For’’; 

4 (B) by striking ‘‘2010’’ and inserting 

5 ‘‘2015’’; and 

6 (C) by striking subparagraph (B); and 

7 (2) in paragraph (2), by striking 

8 ‘‘described—’’ and all that follows through subpara9 graph (B) and inserting ‘‘described in paragraph (1) 

10 is more than 1.2 miles per gallon, the limitation in 

11 that paragraph shall apply.’’. 

12 (d) INCREASING CONSUMER AWARENESS OF ALTER13 NATIVE FUEL VEHICLES.—Section 32908 of title 49, 

14 United States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(g) INCREASING CONSUMER AWARENESS OF FLEXI17 BLE FUEL VEHICLES.—The Secretary of Transportation 

18 shall promulgate regulations that— 

19 ‘‘(1) require each manufacturer that manufac20 tures alternative fuel vehicles that run on fuels with 

21 low lifecycle greenhouse gas emissions to install a 

22 green-colored fuel cap on each alternative fuel vehi23 cle to distinguish the vehicle from vehicles that do 

24 not use low lifecycle greenhouse gas-emitting alter25 native fuels; and 


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1 ‘‘(2) prohibit a manufacturer from installing a 

2 green-colored fuel cap on an automobile manufac3 tured by the manufacturer that does not run on a 

4 low lifecycle greenhouse gas-emitting alternative 

5 fuel.’’. 

Æ 


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