I 
116TH CONGRESS 
1ST SESSION H. R. 2764 
To amend the Clean Air Act to create a national zero-emission vehicle 
standard, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2019 
Mr. LEVIN of California (for himself and Mr. NEGUSE) 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 2019’’. 
SEC. 2. NATIONAL ZERO-EMISSION VEHICLE STANDARD. 
(a) NATIONAL ZERO-EMISSION VEHICLE STAND-
ARD.—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: 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘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 qualified plug-in electric drive 
motor vehicle (as defined in section 30D(d) of 
the Internal Revenue Code of 1986); or 
‘‘(B) a new qualified fuel cell motor vehicle 
(as defined in section 30B(d)(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. 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 2030 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— 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 
2030 through 2040, 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 
2030 ................................................................................................
50.0
2031 ................................................................................................
55.0
2032 ................................................................................................
60.0
2033 ................................................................................................
65.0
2034 ................................................................................................
70.0
2035 ................................................................................................
75.0
2036 ................................................................................................
80.0
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘Minimum Required Annual Percentage of Zero-Emission Vehicle 
Credits—Continued 
Model Year 
Percentage 
2037 ................................................................................................
85.0
2038 ................................................................................................
90.0
2039 ................................................................................................
95.0
2040 ................................................................................................
100.0. 
‘‘(d) REQUIREMENT FOR 2040 AND THEREAFTER.— 
For model year 2040 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— 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(A) to verify and issue zero-emission vehi-
cle credits to vehicle manufacturers; 
‘‘(B) to track the sale, transfer, exchange, 
carry over, and retirement of zero-emission ve-
hicle credits; and 
‘‘(C) to enforce the requirements of this 
section. 
‘‘(2) APPLICATION.— 
‘‘(A) IN
GENERAL.—A vehicle manufac-
turer that delivered for sale, either directly or 
through an affiliate, such as a dealer, a new 
zero-emission vehicle or a qualified electric vehi-
cle in the United States may apply to the Ad-
ministrator for the issuance of a zero-emission 
vehicle credit. 
‘‘(B) ELIGIBILITY.—To be eligible for the 
issuance of a zero-emission vehicle credit, a ve-
hicle manufacturer shall demonstrate to the Ad-
ministrator that the vehicle manufacturer deliv-
ered for sale 1 or more zero-emission vehicles or 
qualified electric vehicles in the previous model 
year. 
‘‘(C) CONTENTS.—The application shall 
indicate— 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
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 on the battery of the quali-
fied electric vehicle, as determined by the Ad-
ministrator. 
‘‘(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 
carried forward for use pursuant to subsection 
(b)(1) within the next 5 years, but not later 
than model year 2040. 
‘‘(g) ZERO-EMISSION VEHICLE CREDIT TRADING.— 
‘‘(1) IN
GENERAL.—A zero-emission vehicle 
credit for any model year before 2040 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.— 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 
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— 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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); 
‘‘(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. 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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. 
‘‘(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. 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 2040, the 
Administrator may issue an injunction on the manu-
facture of any passenger vehicles other than zero- 
emission vehicles by a vehicle manufacturer.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the Clean Air Act (42 U.S.C. prec. 7401) 
is amended by adding at the end of the items relating to 
part A of title II the following: 
‘‘Sec. 220. National zero-emission vehicle standard.’’. 
Æ 
VerDate Sep 11 2014 
21:25 May 28, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H2764.IH
H2764
pamtmann on DSKBFK8HB2PROD with BILLS