I
105TH CONGRESS
1ST SESSION
H. R. 2568
To amend the Energy Policy Act of 1992 to take into account newly developed
renewable energy-based fuels and to equalize alternative fuel vehicle ac-
quisition incentives to increase the flexibility of controlled fleet owners
and operators, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 1997
Mr. SHIMKUS (for himself, Ms. MCCARTHY of Missouri, Mr. GUTKNECHT, Mr.
EVANS, Mr. HASTERT, Mr. KLUG, Mrs. EMERSON, Mr. HULSHOF, Mr.
WELLER, Ms. DANNER, Mr. SKELTON, Mr. GILCHREST, Mr. BEREUTER,
Mr. LATHAM, Mr. NUSSLE, Mr. THOMPSON, Mr. EWING, Mr. LEACH,
Mr. GANSKE, Mr. BOSWELL, Mr. COSTELLO, Mr. THUNE, Mr. LAHOOD,
and Mr. STRICKLAND) introduced the following bill; which was referred
to the Committee on Commerce
A BILL
To amend the Energy Policy Act of 1992 to take into ac-
count newly developed renewable energy-based fuels and
to equalize alternative fuel vehicle acquisition incentives
to increase the flexibility of controlled fleet owners and
operators, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
‘‘Energy Policy Act Amendments of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—ALTERNATIVE FUELS—GENERAL
Sec. 101. Definitions.
Sec. 102. Amendments to the Energy Policy and Conservation Act.
Sec. 103. Compliance with acquisition requirements.
Sec. 104. Fuel and vehicle neutrality.
TITLE II—ALTERNATIVE FUELS—NON-FEDERAL PROGRAMS
Sec. 201. State and local incentives programs.
Sec. 202. Alternative fuel bus program.
Sec. 203. Alternative fuel use in nonroad vehicles and engines.
TITLE III—AVAILABILITY AND USE OF REPLACEMENT FUELS,
ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
VEHICLES
Sec. 301. Modification of goals; additional rulemaking authority.
Sec. 302. Credits.
Sec. 303. Secretary’s recommendation to Congress.
TITLE I—ALTERNATIVE FUELS—
GENERAL
SEC. 101. DEFINITIONS.
Section 301 of the Energy Policy Act of 1992 (42
U.S.C. 13211) is amended—
(1) in paragraph (2), by inserting ‘‘biodiesel;
biodiesel mixtures containing 20 percent or more by
volume of biodiesel with other fuels’’ after ‘‘biologi-
cal materials;’’;
(2) by redesignating paragraphs (11) through
(14) as paragraphs (13), (15), (16), and (17), re-
spectively;
(3) by inserting after paragraph (10) the fol-
lowing new paragraphs:
‘‘(11) the term ‘heavy duty marine vessel’
means a marine vessel of greater than 8,500 pounds
gross weight rating;
‘‘(12) the term ‘heavy duty motor vehicle’
means a motor vehicle of greater than 8,500 pounds
gross vehicle weight rating;’’;
(4) by inserting after paragraph (13) (as so re-
designated by paragraph (2) of this section) the fol-
lowing new paragraph:
‘‘(14) the term ‘marine vessel’ means a motor-
ized watercraft or other artificial contrivance used as
a means of transportation primarily on the navigable
waters of the United States;’’; and
(5) in paragraph (15) (as so redesignated by
paragraph (2) of this section), by inserting ‘‘biodie-
sel, biodiesel mixtures containing 20 percent or more
by volume of biodiesel with other fuels,’’ after ‘‘bio-
logical materials,’’.
SEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CON-
SERVATION ACT.
Section 400AA of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6374) is amended—
(1) in the second sentence of subsection
(a)(3)(B), by striking ‘‘if, after conversion,’’ and in-
serting in lieu thereof ‘‘, and existing fleet vehicles
may be converted to use alternative fuels and consid-
ered an acquisition, if, after either such type of con-
version,’’; and
(2) in subsection (g)(2), by inserting ‘‘biodiesel;
biodiesel mixtures containing 20 percent or more by
volume of biodiesel with other fuels;’’ after ‘‘biologi-
cal materials;’’.
SEC. 103. COMPLIANCE WITH ACQUISITION REQUIRE-
MENTS.
Title III of the Energy Policy Act of 1992 (42 U.S.C.
13211 et seq.) is amended by adding at the end the follow-
ing new section:
‘‘SEC. 312. COMPLIANCE WITH ACQUISITION REQUIRE-
MENTS.
‘‘(a) CONVERSION.—The conversion of a vehicle
owned as part of a fleet into an alternative fueled vehicle
shall be considered as an acquisition of an alternative
fueled vehicle for purposes of compliance with a require-
ment to acquire alternative fueled vehicles under this title
or title IV or V, if after the conversion the original equip-
ment manufacturer’s warranty continues to apply to the
vehicle, pursuant to an agreement between the original
equipment manufacturer and the person performing the
conversion.
‘‘(b) HEAVY DUTY VEHICLES.—The acquisition of 1
heavy duty vehicle that is an alternative fueled vehicle, or
the acquisition or conversion of 1 heavy duty marine vessel
described in subsection (c), shall be considered as the ac-
quisition of 2 light duty alternative fueled vehicles for pur-
poses of compliance with a requirement to acquire alter-
native fueled vehicles under this title or title IV or V.
‘‘(c) MARINE VESSELS.—The—
‘‘(1) acquisition of a marine vessel that oper-
ates solely on alternative fuels or that is capable of
operating on alternative fuels and is capable of oper-
ating on gasoline or diesel fuel; or
‘‘(2) conversion of a marine vessel already
owned into a marine vessel described in paragraph
(1), if after conversion the original equipment manu-
facturer’s warranty continues to apply to the marine
vessel, pursuant to an agreement between the origi-
nal equipment manufacturer and the person per-
forming the conversion,
shall be considered as the acquisition of an alternative
fueled vehicle for purposes of compliance with a require-
ment to acquire alternative fueled vehicles under this title
or title IV or V.
‘‘(d) ALTERNATIVE FUEL USE.—
‘‘(1) IN GENERAL.—The acquisition by a fleet
or covered person of a volume of alternative fuel
equal to the total estimated fuel requirements for 1
year of a dual fueled vehicle—
‘‘(A) that is part of that fleet or owned by
that covered person; and
‘‘(B) with respect to which no credit has
been claimed under this paragraph for the same
year,
shall be credited by the Secretary as the acquisition
of 1 alternative fueled vehicle for purposes of compli-
ance with a requirement to acquire alternative fueled
vehicles under this title or title IV or V.
‘‘(2) ACCOUNTING.—In allowing a credit under
paragraph (1), the Secretary may request a Federal
agency or require a covered person to provide an ac-
counting of the required acquisition of alternative
fuel.
‘‘(3) GUIDELINES.—The Secretary shall amend
the guidelines required under section 308 to enable
Federal agencies to better comply with paragraph
(1) of this subsection.’’.
SEC. 104. FUEL AND VEHICLE NEUTRALITY.
Title III of the Energy Policy Act of 1992 (42 U.S.C.
13211 et seq.) is further amended by adding at the end
the following new section:
‘‘SEC. 313. FUEL AND VEHICLE NEUTRALITY.
‘‘The Secretary shall carry out this title and titles IV
and V in a manner that is, to the maximum extent prac-
ticable, neutral with respect to the type of alternative fuel
and alternative fueled vehicle used.’’.
TITLE II—ALTERNATIVE
FUELS—NON-FEDERAL
PROGRAMS
SEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS.
(a) ESTABLISHMENT OF PROGRAM.—Section 409(a)
of the Energy Policy Act of 1992 (42 U.S.C. 13235(a))
is amended—
(1) in paragraph (2)(A), by striking ‘‘alter-
native fueled vehicles’’ and inserting in lieu thereof
‘‘light duty and heavy duty alternative fueled vehi-
cles and increasing the use of alternative fuels’’; and
(2) in paragraph (3)—
(A) in subparagraph (B), by inserting
‘‘converted or acquired’’ after ‘‘introduction of’’;
(B) in subparagraph (E), by inserting ‘‘,
along with incentives toward use of, and report-