I 
117TH CONGRESS 
2D SESSION 
H. R. 9555 
To amend the Clean Air Act to create a national zero-emission vehicle 
standard, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 14, 2022 
Mr. LEVIN of California (for himself, Ms. BARRAGA´N, Ms. BONAMICI, Ms. 
BROWNLEY, Ms. CHU, Mr. ESPAILLAT, Mr. GRIJALVA, Mr. HUFFMAN, 
Ms. JAYAPAL, Mr. KHANNA, Mr. LIEU, Mr. LOWENTHAL, Ms. NORTON, 
Ms. PORTER, Mr. CASE, and Mr. DESAULNIER) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to create a national zero- 
emission vehicle standard, 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. 
This Act may be cited as the ‘‘Zero-Emission Vehicles 
Act of 2022’’ or the ‘‘ZEVs Act of 2022’’. 
SEC. 2. NATIONAL ZERO-EMISSION VEHICLE STANDARD. 
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 fol-
lowing: 
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‘‘SEC. 220. NATIONAL ZERO-EMISSION VEHICLE STANDARD. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BASE QUANTITY OF NEW PASSENGER VE-
HICLES.—The term ‘base quantity of new passenger 
vehicles’ means the total quantity of new passenger 
vehicles delivered for sale by a vehicle manufacturer 
during the most recent model year. 
‘‘(2) PASSENGER
VEHICLE.—The term ‘pas-
senger vehicle’ has the meaning given the term ‘pas-
senger motor vehicle’ in section 32101 of title 49, 
United States Code. 
‘‘(3) QUALIFIED
ELECTRIC
VEHICLE.—The 
term ‘qualified electric vehicle’ means a passenger 
vehicle that is— 
‘‘(A) a new clean vehicle (as defined in sec-
tion 30D(d) of the Internal Revenue Code of 
1986); or 
‘‘(B) a new qualified fuel cell motor vehicle 
(as defined in section 30B(b)(3) of the Internal 
Revenue Code of 1986). 
‘‘(4) RETIRE.—The term ‘retire’, with respect 
to a zero-emission vehicle credit, means to disqualify 
the zero-emission vehicle credit for any subsequent 
use under this section, including sale, transfer, ex-
change, or submission in satisfaction of a compliance 
obligation. 
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‘‘(5) VEHICLE MANUFACTURER.— 
‘‘(A) IN
GENERAL.—The term ‘vehicle 
manufacturer’ means an entity that— 
‘‘(i) engaged in the manufacturing of 
new passenger vehicles; and 
‘‘(ii) sold not fewer than 100 new pas-
senger vehicles to ultimate purchasers in 
the United States within the current or 
previous calendar year, either directly or 
through an affiliate, such as a dealer. 
‘‘(B) EXCLUSIONS.—The term ‘vehicle 
manufacturer’ does not include— 
‘‘(i) a motor vehicle parts supplier; or 
‘‘(ii) a dealer. 
‘‘(6) 
ZERO-EMISSION
VEHICLE.—The 
term 
‘zero-emission vehicle’ means a passenger vehicle 
that produces zero exhaust emissions of any criteria 
pollutant, precursor pollutant, or greenhouse gas, 
other than water vapor, in any mode of operation or 
condition, as determined by the Administrator. 
‘‘(b) COMPLIANCE.—For model year 2026 and each 
model year thereafter, each vehicle manufacturer shall 
meet the requirements of subsections (c) and (d) by sub-
mitting to the Administrator, not later than April 1 of 
the following calendar year, as applicable— 
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‘‘(1) for a vehicle manufacturer that fails to 
meet the minimum required percentage of zero-emis-
sion vehicle sales for the applicable model year, as 
determined under subsection (c), a quantity of zero- 
emission vehicle credits sufficient to offset that ex-
cess, as determined by the Administrator; or 
‘‘(2) for a vehicle manufacturer that meets or 
exceeds the minimum required percentage of zero- 
emission vehicle sales for the applicable model year, 
as determined under subsection (c), a certification of 
that compliance, as the Administrator determines to 
be appropriate. 
‘‘(c) MINIMUM REQUIRED ANNUAL PERCENTAGE OF 
ZERO-EMISSION VEHICLE CREDITS.—For model years 
2026 through 2035, in annual increments, the minimum 
annual percentage of the base quantity of new passenger 
vehicles of a vehicle manufacturer delivered for sale that 
are equivalent to zero-emission vehicles, based on the 
issuance of zero-emission vehicle credits, shall be the appli-
cable percentage specified in the following table: 
‘‘Minimum Required Annual Percentage of Zero-Emission Vehicle 
Credits 
Model Year 
Percentage 
2026 ................................................................................................
35.0
2027 ................................................................................................
43.0
2028 ................................................................................................
51.0
2029 ................................................................................................
59.0
2030 ................................................................................................
68.0
2031 ................................................................................................
76.0
2032 ................................................................................................
82.0
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‘‘Minimum Required Annual Percentage of Zero-Emission Vehicle 
Credits—Continued 
Model Year 
Percentage 
2033 ................................................................................................
88.0
2034 ................................................................................................
94.0
2035 ................................................................................................
100.0. 
‘‘(d) REQUIREMENT FOR 2035 AND THEREAFTER.— 
For model year 2035 and each model year thereafter, a 
vehicle manufacturer shall sell only zero-emission vehicles. 
‘‘(e) ZERO-EMISSION VEHICLE CREDITS.— 
‘‘(1) IN
GENERAL.—A vehicle manufacturer 
may satisfy the requirements of subsection (b) 
through the submission of zero-emission vehicle 
credits— 
‘‘(A) issued to the vehicle manufacturer 
under subsection (f); or 
‘‘(B) obtained by purchase, transfer, or ex-
change under subsection (g). 
‘‘(2) LIMITATION.—A zero-emission vehicle 
credit may be counted toward compliance with sub-
section (b) only once. 
‘‘(f) ISSUANCE OF ZERO-EMISSION VEHICLE CRED-
ITS.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this section, the Ad-
ministrator shall establish by rule a program— 
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by a vehicle manufacturer the application under 
paragraph (2) of which is approved, the Admin-
istrator shall issue a partial zero-emission vehi-
cle credit based on the estimated proportion of 
the mileage driven— 
‘‘(i) with respect to a qualified electric 
vehicle described in subsection (a)(3)(A), 
on the battery of the qualified electric vehi-
cle, as determined by the Administrator; 
and 
‘‘(ii) with respect to a qualified elec-
tric 
vehicle 
described 
in 
subsection 
(a)(3)(B), on hydrogen that is produced 
through a process that results in a lifecycle 
greenhouse gas emissions (as defined in 
section 45V(c) of the Internal Revenue 
Code of 1986) rate of less than 0.45 kilo-
grams of carbon dioxide-equivalent per 
kilogram of hydrogen, as determined by 
the Administrator. 
‘‘(C) CREDIT BANKING.—A zero-emission 
vehicle credit issued for any model year that is 
not submitted to comply with the minimum an-
nual percentage of zero-emission vehicles under 
subsection (c) during that model year may be 
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carried forward for use pursuant to subsection 
(b)(1) within the next 5 years, but not later 
than model year 2035. 
‘‘(g) ZERO-EMISSION VEHICLE CREDIT TRADING.— 
‘‘(1) IN
GENERAL.—A zero-emission vehicle 
credit for any model year before 2035 that is not 
submitted to the Administrator to comply with the 
minimum annual percentage of zero-emission vehi-
cles under subsection (c) for that model year may be 
sold, transferred, or exchanged by the vehicle manu-
facturer to which the credit is issued or by any other 
entity that acquires the zero-emission vehicle credit. 
‘‘(2) DELEGATION.— 
‘‘(A) IN
GENERAL.—The Administrator 
may delegate to an appropriate market-making 
entity the administration of a national tradeable 
zero-emission vehicle credit market for purposes 
of creating a transparent national market for 
the sale or trade of zero-emission vehicle cred-
its. 
‘‘(B) PUBLIC
REPORT.—If the Adminis-
trator makes a delegation under subparagraph 
(A), the entity to which the Administrator made 
the delegation shall annually submit to Con-
gress and make available to the public a report 
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describing the status of the zero-emission vehi-
cle credit market. 
‘‘(h) ZERO-EMISSION VEHICLE CREDIT RETIRE-
MENT.— 
‘‘(1) IN
GENERAL.—Any entity that obtains 
legal rights to a zero-emission vehicle credit may re-
tire the zero-emission vehicle credit in any model 
year. 
‘‘(2) USE OF RETIRED ZERO-EMISSION VEHICLE 
CREDIT.—A zero-emission vehicle credit retired 
under paragraph (1) may not be used for compliance 
with subsection (b) in— 
‘‘(A) the model year in which the zero- 
emission vehicle credit is retired; or 
‘‘(B) any subsequent model year. 
‘‘(i) INFORMATION
COLLECTION.—The Adminis-
trator may collect the information necessary to verify and 
audit— 
‘‘(1) the model year sales of passenger vehicles 
of any vehicle manufacturer; 
‘‘(2) a zero-emission vehicle credit submitted by 
a vehicle manufacturer pursuant to subsection 
(b)(1); 
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‘‘(3) the validity of a zero-emission vehicle cred-
it submitted for compliance by a vehicle manufac-
turer to the Administrator; and 
‘‘(4) the quantity of passenger vehicles delivered 
for sale in the United States of all vehicle manufac-
turers. 
‘‘(j) STATE PROGRAMS.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall preempt the authority of a State or political 
subdivision of a State to adopt or enforce any law 
(including regulations) relating to motor vehicles, in-
cluding the authority to set standards for motor ve-
hicle emissions and zero-emission vehicle require-
ments under section 177 and section 209. 
‘‘(2) COMPLIANCE WITH SECTION.—No law or 
regulation of a State or political subdivision of a 
State shall relieve any vehicle manufacturer from 
compliance with any requirement otherwise applica-
ble under this section. 
‘‘(k) SENSE OF CONGRESS.—It is the sense of Con-
gress that vehicle manufacturers should diversify vehicle 
technologies and models to ensure consumer choice and 
access. 
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‘‘(l) REGULATIONS.—Not later than 540 days after 
the date of enactment of this section, the Administrator 
shall promulgate regulations to implement this section. 
‘‘(m) ENFORCEMENT.— 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN
GENERAL.—A vehicle manufac-
turer that fails to comply with subsection (b) 
shall be liable for a civil penalty, assessed by 
the Administrator, in an amount that is equal 
to twice the average value of the aggregate 
quantity of zero-emission vehicle credits that 
the vehicle manufacturer failed to submit in vio-
lation of that subsection, as determined by the 
Administrator. 
‘‘(B) ENFORCEMENT.—The Administrator 
shall assess any civil penalty under subpara-
graph (A). 
‘‘(C) DEPOSIT.—With respect to any civil 
penalty paid to the Administrator pursuant to 
subparagraph (A), the Administrator shall de-
posit the amount into the Highway Trust Fund 
established by section 9503(a) of the Internal 
Revenue Code of 1986. 
‘‘(2) INJUNCTION.—After model year 2035, the 
Administrator shall issue an injunction on the manu-
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facture of any passenger vehicles other than zero- 
emission vehicles by a vehicle manufacturer.’’. 
Æ 
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