42 U.S.C. § 7588 — Federal agency fleets

Page 7380 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7588 1 So in original. Probably should be ‘‘clean-fuel’’. 2 So in original. Probably should be ‘‘sections’’. clean fuel 1 vehicle shall be treated as the pur- chase of a clean fuel 1 vehicle. Nothing in this part shall be construed to provide that any cov- ered fleet operator subject to fleet vehicle pur- chase requirements under section 7586 of this title shall be required to convert existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles or to purchase converted vehicles. (b) Regulations The Administrator shall, within 24 months after November 15, 1990, consistent with the re- quirements of this subchapter applicable to new vehicles, promulgate regulations governing con- versions of conventional vehicles to clean-fuel vehicles. Such regulations shall establish cri- teria for such conversions which will ensure that a converted vehicle will comply with the stand- ards applicable under this part to clean-fuel ve- hicles. Such regulations shall provide for the ap- plication to such conversions of the same provi- sions of this subchapter (including provisions re- lating to administration enforcement) as are ap- plicable to standards under section 2 7582, 7583, 7584, and 7585 of this title, except that in the case of conversions the Administrator may mod- ify the applicable regulations implementing such provisions as the Administrator deems nec- essary to implement this part. (c) Enforcement Any person who converts conventional vehi- cles to clean fuel 1 vehicles pursuant to sub- section (b), shall be considered a manufacturer for purposes of sections 7525 and 7541 of this title and related enforcement provisions. Nothing in the preceding sentence shall require a person who performs such conversions to warrant any part or operation of a vehicle other than as re- quired under this part. Nothing in this para- graph shall limit the applicability of any other warranty to unrelated parts or operations. (d) Tampering The conversion from a vehicle capable of oper- ating on gasoline or diesel fuel only to a clean- fuel vehicle shall not be considered a violation of section 7522(a)(3) of this title if such conver- sion complies with the regulations promulgated under subsection (b). (e) Safety The Secretary of Transportation shall, if nec- essary, promulgate rules under applicable motor vehicle laws regarding the safety of vehicles converted from existing and new vehicles to clean-fuel vehicles. (July 14, 1955, ch. 360, title II, § 247, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2523.) § 7588. Federal agency fleets (a) Additional provisions applicable The provisions of this section shall apply, in addition to the other provisions of this part, in the case of covered fleet vehicles owned or oper- ated by an agency, department, or instrumen- tality of the United States, except as otherwise provided in subsection (e). (b) Cost of vehicles to Federal agency Notwithstanding the provisions of sections 601–611 of title 40, the Administrator of General Services shall not include the incremental costs of clean-fuel vehicles in the amount to be reim- bursed by Federal agencies if the Administrator of General Services determines that appropria- tions provided pursuant to this paragraph are sufficient to provide for the incremental cost of such vehicles over the cost of comparable con- ventional vehicles. (c) Limitations on appropriations Funds appropriated pursuant to the authoriza- tion under this paragraph shall be applicable only— (1) to the portion of the cost of acquisition, maintenance and operation of vehicles ac- quired under this subparagraph which exceeds the cost of acquisition, maintenance and oper- ation of comparable conventional vehicles; (2) to the portion of the costs of fuel storage and dispensing equipment attributable to such vehicles which exceeds the costs for such pur- poses required for conventional vehicles; and (3) to the portion of the costs of acquisition of clean-fuel vehicles which represents a re- duction in revenue from the disposal of such vehicles as compared to revenue resulting from the disposal of comparable conventional vehicles. (d) Vehicle costs The incremental cost of vehicles acquired under this part over the cost of comparable con- ventional vehicles shall not be applied to any calculation with respect to a limitation under law on the maximum cost of individual vehicles which may be required by the United States. (e) Exemptions The requirements of this part shall not apply to vehicles with respect to which the Secretary of Defense has certified to the Administrator that an exemption is needed based on national security consideration. (f) Acquisition requirement Federal agencies, to the extent practicable, shall obtain clean-fuel vehicles from original equipment manufacturers. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be required to carry out the provi- sions of this section: Provided, That such sums as are appropriated for the Administrator of General Services pursuant to the authorization under this section shall be added to the General Supply Fund established in section 321 of title 40. (July 14, 1955, ch. 360, title II, § 248, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2524.) Editorial Notes CODIFICATION In subsec. (b), ‘‘sections 601–611 of title 40’’ sub- stituted for ‘‘section 211 of the Federal Property and Administrative Services Act of 1949’’, and, in subsec. (g), ‘‘the General Supply Fund established in section Page 7381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7589 1 So in original. Probably should be ‘‘clean-fuel’’. 321 of title 40’’ substituted for ‘‘the General Supply Fund established in section 109 of the Federal Property and Administrative Services Act of 1949’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. Statutory Notes and Related Subsidiaries ABOLITION OF GENERAL SUPPLY FUND The General Supply Fund, referred to in subsec. (g), was abolished and its capital assets and balances trans- ferred to the Acquisition Services Fund by section 3(a)–(c) of Pub. L. 109–313, set out as an Acquisition Services Fund note under section 321 of Title 40, Public Buildings, Property, and Works. § 7589. California pilot test program (a) Establishment The Administrator shall establish a pilot pro- gram in the State of California to demonstrate the effectiveness of clean-fuel vehicles in con- trolling air pollution in ozone nonattainment areas. (b) Applicability The provisions of this section shall only apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided in subsection (f). (c) Program requirements Not later than 24 months after November 15, 1990, the Administrator shall promulgate regula- tions establishing requirements under this sec- tion applicable in the State of California. The regulations shall provide the following: (1) Clean-fuel vehicles Clean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business practices and applicable franchise agreements) to ultimate purchasers in Cali- fornia (including owners of covered fleets re- ferred to in section 7586 of this title) in num- bers that meet or exceed the following sched- ule: Model Years Number of Clean-Fuel Vehicles 1996, 1997, 1998 .................................... 150,000 vehicles 1999 and thereafter ............................ 300,000 vehicles (2) Clean alternative fuels (A) Within 2 years after November 15, 1990, the State of California shall submit a revision of the applicable implementation plan under part D of subchapter I and section 7410 of this title containing a clean fuel plan that requires that clean alternative fuels on which the clean-fuel vehicles required under this para- graph can operate shall be produced and dis- tributed by fuel suppliers and made available in California. At a minimum, sufficient clean alternative fuels shall be produced, distributed and made available to assure that all clean- fuel vehicles required under this section can operate, to the maximum extent practicable, exclusively on such fuels in California. The State shall require that clean alternative fuels be made available and offered for sale at an adequate number of locations with sufficient geographic distribution to ensure convenient refueling with clean alternative fuels, consid- ering the number of, and type of, such vehicles sold and the geographic distribution of such vehicles within the State. The State shall de- termine the clean alternative fuels to be pro- duced, distributed, and made available based on motor vehicle manufacturers’ projections of future sales of such vehicles and consulta- tions with the affected local governments and fuel suppliers. (B) The State may by regulation grant per- sons subject to the requirements prescribed under this paragraph an appropriate amount of credits for exceeding such requirements, and any person granted credits may transfer some or all of the credits for use by one or more persons in demonstrating compliance with such requirements. The State may make the credits available for use after consider- ation of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate. (C) The State may also by regulation estab- lish specifications for any clean alternative fuel produced and made available under this paragraph as the State finds necessary to re- duce or eliminate an unreasonable risk to pub- lic health, welfare, or safety associated with its use or to ensure acceptable vehicle mainte- nance and performance characteristics. (D) If a retail gasoline dispensing facility would have to remove or replace one or more motor vehicle fuel underground storage tanks and accompanying piping in order to comply with the provisions of this section, and it had removed and replaced such tank or tanks and accompanying piping in order to comply with subtitle I of the Solid Waste Disposal Act [42 U.S.C. 6991 et seq.] prior to November 15, 1990, it shall not be required to comply with this subsection until a period of 7 years has passed from the date of the removal and replacement of such tank or tanks. (E) Nothing in this section authorizes any State other than California to adopt provi- sions regarding clean alternative fuels. (F) If the State of California fails to adopt a clean fuel program that meets the require- ments of this paragraph, the Administrator shall, within 4 years after November 15, 1990, establish a clean fuel program for the State of California under this paragraph and section 7410(c) of this title that meets the require- ments of this paragraph. (d) Credits for motor vehicle manufacturers (1) The Administrator may (by regulation) grant a motor vehicle manufacturer an appro- priate amount of credits toward fulfillment of such manufacturer’s share of the requirements of subsection (c)(1) of this section for any of the following (or any combination thereof): (A) The sale of more clean-fuel vehicles than required under subsection (c)(1) of this section. (B) The sale of clean fuel 1 vehicles which meet standards established by the Adminis- trator as provided in paragraph (3) which are