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42 U.S.C. § 13252 (THE PUBLIC HEALTH AND WELFARE)
§ 13252. Replacement fuel supply and demand program
(a) Establishment of program
The Secretary shall establish a program to promote the development and use in light duty motor vehicles of domestic replacement fuels. Such program shall promote the replacement of petroleum motor fuels with replacement fuels to the maximum extent practicable. Such program shall, to the extent practicable, ensure the availability of those replacement fuels that will have the greatest impact in reducing oil imports, improving the health of our Nation’s economy and reducing greenhouse gas emissions.
(b) Development plan and production goals
Under the program established under subsection (a) of this section, the Secretary, before October 1, 1993, in consultation with the Administrator, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of Commerce, and the heads of other appropriate agencies, shall review appropriate information and—
(1) estimate the domestic and nondomestic production capacity for replacement fuels and alternative fueled vehicles needed to implement this section;
(2) determine the technical and economic feasibility of achieving the goals of producing sufficient replacement fuels to replace, on an energy equivalent basis—
(A) at least 10 percent by the year 2000; and
(B) at least 30 percent by the year 2010,
of the projected consumption of motor fuel in the United States for each such year, with at least one half of such replacement fuels being domestic fuels;
(3) determine the most suitable means and methods of developing and encouraging the production, distribution, and use of replacement fuels and alternative fueled vehicles in a manner that would meet the program goals described in subsection (a) of this section;
(4) identify ways to encourage the development of reliable replacement fuels and alternative fueled vehicle industries in the United States, and the technical, economic, and institutional barriers to such development; and
(5) determine the greenhouse gas emission implications of increasing the use of replacement fuels, including an estimate of the maximum feasible reduction in such emissions from the use of replacement fuels.
The Secretary shall publish in the Federal Register the results of actions taken under this subsection, and provide for an opportunity for public comment.
(Pub. L. 102–486, title V, § 502, Oct. 24, 1992, 106 Stat. 2888.)
42 U.S.C. § 13253 (THE PUBLIC HEALTH AND WELFARE)
§ 13253. Replacement fuel demand estimates and supply information
(a) Estimates
Not later than October 1, 1993, and annually thereafter, the Secretary, in consultation with the Administrator, the Secretary of Transportation, and other appropriate State and Federal officials, shall estimate for the following calendar year—
(1) the number of each type of alternative fueled vehicle likely to be in use in the United States;
(2) the probable geographic distribution of such vehicles;
(3) the amount and distribution of each type of replacement fuel; and
(4) the greenhouse gas emissions likely to result from replacement fuel use.
(b) Information
Beginning on October 1, 1994, the Secretary shall annually require—
(1) fuel suppliers to report to the Secretary on the amount of each type of replacement fuel that such supplier—
(A) has supplied in the previous calendar year; and
(B) plans to supply for the following calendar year;
(2) suppliers of alternative fueled vehicles to report to the Secretary on the number of each type of alternative fueled vehicle that such supplier—
(A) has made available in the previous calendar year; and
(B) plans to make available for the following calendar year; and
(3) such fuel suppliers to provide the Secretary information necessary to determine the greenhouse gas emissions from the replacement fuels used, taking into account the entire fuel cycle.
(c) Protection of information
Information provided to the Secretary under subsection (b) of this section shall be subject to applicable provisions of law protecting the confidentiality of trade secrets and business and financial information, including section 1905 of title 18.
(Pub. L. 102–486, title V, § 503, Oct. 24, 1992, 106 Stat. 2889.)
42 U.S.C. § 13254 (THE PUBLIC HEALTH AND WELFARE)
§ 13254. Modification of goals; additional rulemaking authority
(a) Examination of goals
Within 3 years after October 24, 1992, and periodically thereafter, the Secretary shall examine the goals established under section 13252(b)(2) of this title, in the context of the program goals stated under section 13252(a) of this title, to determine if the goals under section 13252(b)(2) of this title, including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each examination under this subsection and provide an opportunity for public comment.
(b) Modification of goals
If, after analysis of information obtained in connection with carrying out subsection (a) of this section or section 13252 of this title, or other information, and taking into account the determination of technical and economic feasibility made under section 13252(b)(2) of this title, the Secretary determines that goals described in section 13252(b)(2) of this title, including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Federal agencies, shall, by rule, establish goals that are achievable, for purposes of this subchapter. The modification of goals under this section may include changing the target dates specified in section 13252(b)(2) of this title.
(c) Additional rulemaking authority
If the Secretary determines that the achievement of goals described in section 13252(b)(2) of this title would result in a significant and correctable failure to meet the program goals described in section 13252(a) of this title, the Secretary shall issue such additional regulations as are necessary to remedy such failure. The Secretary shall have no authority under this Act to mandate the production of alternative fueled vehicles or to specify, as applicable, the models, lines, or types of, or marketing or pricing practices, policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be construed to give the Secretary authority to mandate marketing or pricing practices, policies, or strategies for alternative fuels or to mandate the production or delivery of such fuels.
(Pub. L. 102–486, title V, § 504, Oct. 24, 1992, 106 Stat. 2890.)
heading: References in Text
text: This Act, referred to in subsec. (c), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
42 U.S.C. § 13255 (THE PUBLIC HEALTH AND WELFARE)
§ 13255. Voluntary supply commitments
The Secretary shall, by January 1, 1994, and thereafter, undertake to obtain voluntary commitments in geographically diverse regions of the United States—
(1) from fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems;
(2) from owners of 10 or more motor vehicles to acquire and use alternative fueled vehicles and alternative fuels; and
(3) from suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services,
in sufficient volume to achieve the goals described in section 13252(b)(2) of this title or as modified under section 13254 of this title, and in order to meet any fleet requirement program established by rule under this subchapter. The Secretary shall periodically report to the Congress on the results of efforts under this section. All voluntary commitments obtained pursuant to this section shall be available to the public, except to the extent provided in applicable provisions of law protecting the confidentiality of trade secrets and business and financial information, including section 1905 of title 18.
(Pub. L. 102–486, title V, § 505, Oct. 24, 1992, 106 Stat. 2890.)
42 U.S.C. § 13256 (THE PUBLIC HEALTH AND WELFARE)
§ 13256. Technical and policy analysis
(a) Requirement
Not later than March 1, 1995, and March 1, 1997, the Secretary shall prepare and transmit to the President and the Congress a technical and policy analysis under this section. The Secretary shall utilize the analytical capability and authorities of the Energy Information Administration and such other offices of the Department of Energy as the Secretary considers appropriate.
(b) Purposes
The technical and policy analysis prepared under this section shall be based on the best available data and information obtainable by the Secretary under section 13253 of this title, or otherwise, and on experience under this subchapter and other provisions of law in the development and use of replacement fuels and alternative fueled vehicles, and shall evaluate—
(1) progress made in achieving the goals described in section 13252(b)(2) of this title, as modified under section 13254 of this title;
(2) the actual and potential role of replacement fuels and alternative fueled vehicles in significantly reducing United States reliance on imported oil to the extent of the goals referred to in paragraph (1); and
(3) the actual and potential availability of various domestic replacement fuels and dedicated vehicles and dual fueled vehicles.
(c) Publication
The Secretary shall publish a proposed version of each analysis under this section in the Federal Register for public comment before transmittal to the President and the Congress. Public comment received in response to such publication shall be preserved for use in rulemaking proceedings under section 13257 of this title.
(Pub. L. 102–486, title V, § 506, Oct. 24, 1992, 106 Stat. 2891.)
42 U.S.C. § 13259 (THE PUBLIC HEALTH AND WELFARE)
§ 13259. Secretary’s recommendations to Congress
(a) Recommendations to require availability or acquisition
If the Secretary determines, under section 13257(f) of this title, that a fleet requirement program under section 13257 of this title is not necessary, the Secretary shall so notify the Congress. If the Secretary so notifies the Congress, the Secretary shall, within 2 years after such notification and by rule, prepare and submit to the Congress recommendations for requirements or incentives for—
(1) fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems;
(2) suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services; and
(3) motor vehicle drivers to use replacement fuels,
to the extent necessary to achieve such goals of replacement fuel use and to ensure that the availability of alternative fuels and of alternative fueled vehicles are consistent with each other.
(b) Fair and equitable application
In carrying out this section, the Secretary shall recommend the imposition of requirements proportionately on all appropriate fuel suppliers and purchasers of motor fuels and suppliers and purchasers of motor vehicles in a fair and equitable manner.
(Pub. L. 102–486, title V, § 509, Oct. 24, 1992, 106 Stat. 2898.)
42 U.S.C. § 13260 (THE PUBLIC HEALTH AND WELFARE)
§ 13260. Effect on other laws
(a) In general
Nothing in this Act or the amendments made by this Act shall be construed to alter, affect, or modify the provisions of the Clean Air Act [42 U.S.C. 7401 et seq.], or regulations issued thereunder.
(b) Compliance by alternative fueled vehicles
Alternative fueled vehicles, whether dedicated vehicles or dual fueled vehicles, and the alternative fuels for operating such vehicles, shall comply with requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] applicable to such vehicles and fuels.
(Pub. L. 102–486, title V, § 510, Oct. 24, 1992, 106 Stat. 2898.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
42 U.S.C. § 13261 (THE PUBLIC HEALTH AND WELFARE)
§ 13261. Prohibited acts
It shall be unlawful for any person to violate any provision of section 13251, 13253(b), 13257, or 13263a of this title, or any regulation issued under such sections.
(Pub. L. 102–486, title V, § 511, Oct. 24, 1992, 106 Stat. 2899; Pub. L. 109–58, title VII, § 703(b), Aug. 8, 2005, 119 Stat. 816.)
heading: Amendments
text: 2005—Pub. L. 109–58 substituted “13257, or 13263a” for “or 13257”.
42 U.S.C. § 13262 (THE PUBLIC HEALTH AND WELFARE)
§ 13262. Enforcement
(a) Violation
Whoever violates section 13261 of this title shall be subject to a civil penalty of not more than $5,000 for each violation.
(b) Willful violation
Whoever willfully violates section 13261 of this title shall be fined not more than $10,000 for each violation.
(c) Knowing and willful violation following prior violation and penalty
Any person who knowingly and willfully violates section 13261 of this title after having been subjected to a civil penalty for a prior violation of section 13261 of this title shall be fined not more than $50,000.
(Pub. L. 102–486, title V, § 512, Oct. 24, 1992, 106 Stat. 2899.)
42 U.S.C. § 13263 (THE PUBLIC HEALTH AND WELFARE)
§ 13263. Powers of Secretary
For the purpose of carrying out subchapter I of this chapter, subchapter II of this chapter, this subchapter, and subchapter IV of this chapter, the Secretary, or the duly designated agent of the Secretary, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary of Transportation is authorized to do under section 32910(a)(1) of title 49.
(Pub. L. 102–486, title V, § 513, Oct. 24, 1992, 106 Stat. 2899.)
heading: References in Text
text: Subchapter I of this chapter, referred to in text, was in the original “title III” meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted subchapter I of this chapter, amended section 6374 of this title, and repealed provisions set out as a note under section 6374 of this title.
Subchapter II of this chapter, referred to in text, was in the original “title IV” meaning title IV of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2875, which enacted subchapter II of this chapter, amended sections 6374a to 6374c of this title and sections 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted provisions set out as notes under sections 79b and 717 of Title 15, and repealed provisions set out as a note under section 717c of Title 15.
heading: Codification
text: In text, “section 32910(a)(1) of title 49” substituted for “section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1))” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
42 U.S.C. § 13263a (THE PUBLIC HEALTH AND WELFARE)
§ 13263a. Alternative compliance
(a) Application for waiver
Any covered person subject to section 13251 of this title and any State subject to section 13257(o) of this title may petition the Secretary for a waiver of the applicable requirements of section 13251 or 13257(o) of this title.
(b) Grant of waiver
The Secretary shall grant a waiver of the requirements of section 13251 or 13257(o) of this title on a showing that the fleet owned, operated, leased, or otherwise controlled by the State or covered person—
(1) will achieve a reduction in the annual consumption of petroleum fuels by the fleet equal to—
(A) the reduction in consumption of petroleum that would result from 100 percent cumulative compliance with the fuel use requirements of section 13251 of this title; or
(B) in the case of an entity covered under section 13257(o) of this title, a reduction equal to the annual consumption by the State entity of alternative fuels if all of the cumulative alternative fuel vehicles of the State entity given credit under section 13258 of this title were to use alternative fuel 100 percent of the time; and
(2) is in compliance with all applicable vehicle emission standards established by the Administrator of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Reporting requirement
Not later than December 31 of a model year, any State or covered person granted a waiver under this section for the preceding model year shall submit to the Secretary an annual report that—
(1) certifies the quantity of the petroleum motor fuel reduction of the State or covered person during the preceding model year; and
(2) projects the baseline quantity of the petroleum motor fuel reduction of the State or covered person during the following model year.
(d) Revocation of waiver
If a State or covered person that receives a waiver under this section fails to comply with this section, the Secretary—
(1) shall revoke the waiver; and
(2) may impose on the State or covered person a penalty under section 13262 of this title.
(Pub. L. 102–486, title V, § 514, as added Pub. L. 109–58, title VII, § 703(a)(2), Aug. 8, 2005, 119 Stat. 815.)
heading: References in Text
text: The Clean Air Act, referred to in subsec. (b)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
heading: Prior Provisions
text: A prior section 514 of Pub. L. 102–486 was renumbered 515 and is classified to section 13264 of this title.
42 U.S.C. § 13264 (THE PUBLIC HEALTH AND WELFARE)
§ 13264. Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this subchapter $10,000,000 for each of the fiscal years 1993 through 1997, and such sums as may be necessary for fiscal years 1998 through 2000.
(Pub. L. 102–486, title V, § 515, formerly § 514, Oct. 24, 1992, 106 Stat. 2899; renumbered § 515, Pub. L. 109–58, title VII, § 703(a)(1), Aug. 8, 2005, 119 Stat. 815.)
42 U.S.C. § 13281 (THE PUBLIC HEALTH AND WELFARE)
§ 13281. Program and solicitation
(a) Program
The Secretary shall conduct a program to demonstrate electric motor vehicles and the associated equipment of such vehicles, in consultation with the Electric and Hybrid Vehicle Program Site Operators, manufacturers, the electric utility industry, and such other persons as the Secretary considers appropriate. Such program shall be—
(1) designed to accelerate the development and use of electric motor vehicles; and
(2) structured to evaluate the performance of such electric motor vehicles in field operation, including fleet operation, and evaluate the necessary supporting infrastructure.
(b) Solicitation
(1) Not later than 18 months after October 24, 1992, the Secretary shall solicit proposals to demonstrate electric motor vehicles and associated equipment in one or more eligible metropolitan areas. The Secretary may make additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this part.
(2)
(A) Solicitations for proposals under this subsection shall require the proposer to include a description, including the manufacturer or manufacturers of the electric motor vehicles; the proposed users of the electric motor vehicles; the eligible metropolitan area or areas involved; the number of electric motor vehicles to be demonstrated and their type, characteristics, and life-cycle costs; the price differential; the proposed discount payment; the contributions of State or local governments and other persons to the demonstration project; the type of associated equipment to be demonstrated; the domestic content of the electric motor vehicles and associated equipment; and any other information the Secretary considers appropriate.
(B) If the proposal includes a lease arrangement, the proposal shall indicate the terms of such lease arrangement for the electric motor vehicles or associated equipment.
(3) The solicitation for proposals under this subsection shall establish a closing date for receipt of proposals. The Secretary may, if necessary, extend the closing date for receipt of proposals for a period not to exceed 90 days.
(Pub. L. 102–486, title VI, § 611, Oct. 24, 1992, 106 Stat. 2900.)
42 U.S.C. § 13283 (THE PUBLIC HEALTH AND WELFARE)
§ 13283. Discount payments
(a) Certification
The Secretary shall provide a discount payment to a proposer of a proposal selected under this part for purposes of reimbursing the proposer for a discount provided to the users if the proposer certifies to the Secretary that—
(1) the electric motor vehicles have been purchased or leased by a user or users in accordance with the requirements of this part; and
(2) the proposer has provided to the user or users a discount payment in accordance with the requirements of this part.
(b) Payment
Not later than 30 days after receipt from the proposer of certification that the Secretary determines satisfies the requirements of subsection (a) of this section, the Secretary shall pay to the proposer the full amount of the discount payment, to the extent provided in advance in appropriations Acts.
(c) Calculations of discount payments
(1) The discount payment shall be no greater than—
(A) the price differential; or
(B) the price of the comparable conventionally fueled motor vehicle.
(2) The purchase price of the electric motor vehicle, less the discount payment and less any additional reduction in the purchase price of the electric motor vehicle that may result from contributions provided by other parties, may not be less than the manufacturer’s suggested retail price of a comparable conventionally fueled motor vehicle.
(3) The maximum discount payment shall be no greater than $10,000 per electric motor vehicle.
(Pub. L. 102–486, title VI, § 613, Oct. 24, 1992, 106 Stat. 2902.)
42 U.S.C. § 13284 (THE PUBLIC HEALTH AND WELFARE)
§ 13284. Cost-sharing
(a) Requirement
The Secretary shall require at least 50 percent of the costs directly and specifically related to any project under this part to be from non-Federal sources. Such share may be in the form of cash, personnel, services, equipment, and other resources.
(b) Reduction
The Secretary may reduce the amount of costs required to be provided by non-Federal sources under subsection (a) of this section if the Secretary determines that the reduction is necessary and appropriate—
(1) considering the technological risks involved in the project; and
(2) in order to meet the objectives of this part.
(Pub. L. 102–486, title VI, § 614, Oct. 24, 1992, 106 Stat. 2903.)