42 U.S.C. § 13257 — Fleet requirement program

Page 8537 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13257 § 13257. Fleet requirement program (a) Fleet program purchase goals (1) Except as provided in paragraph (2), the fol- lowing percentages of new light duty motor ve- hicles acquired in each model year for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person subject to section 13251 of this title, shall be alternative fueled vehicles: (A) 20 percent of the motor vehicles acquired in model years 1999, 2000, and 2001; (B) 30 percent of the motor vehicles acquired in model year 2002; (C) 40 percent of the motor vehicles acquired in model year 2003; (D) 50 percent of the motor vehicles acquired in model year 2004; (E) 60 percent of the motor vehicles acquired in model year 2005; and (F) 70 percent of the motor vehicles acquired in model year 2006 and thereafter. (2) The Secretary may not establish percent- age requirements higher than those described in paragraph (1). The Secretary may, if appro- priate, and pursuant to a rule under subsection (b), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 1998 (or model year 1999) for initiating the fleet requirements under paragraph (1). (3) The Secretary shall publish an advance no- tice of proposed rulemaking for the purpose of— (A) evaluating the progress toward achieving the goals of replacement fuel use described in section 13252(b)(2) of this title, as modified under section 13254 of this title; (B) identifying the problems associated with achieving those goals; (C) assessing the adequacy and practica- bility of those goals; and (D) considering all actions needed to achieve those goals. The Secretary shall provide for at least 3 re- gional hearings on the advance notice of pro- posed rulemaking, with respect to which official transcripts shall be maintained. The comment period in connection with such advance notice of proposed rulemaking shall be completed within 7 months after publication of the advance no- tice. (4) After the completion of such advance no- tice of proposed rulemaking, the Secretary shall publish in the Federal Register a proposed rule for the rule required under subsection (b), and shall provide for a public comment period, with hearings, of not less than 90 days. (b) Early rulemaking (1) Not earlier than 1 year after October 24, 1992, and after carrying out the requirements of subsection (a), the Secretary shall initiate a rulemaking to determine whether a fleet re- quirement program to begin in calendar year 1998 (when model year 1999 begins), or such other later date as he may select pursuant to sub- section (a), is necessary under this section. Such rule, consistent with subsection (a)(1), shall es- tablish the annual applicable model year per- centage. No rule under this subsection may be promulgated after December 15, 1996, and be en- forceable. A fleet requirement program shall be considered necessary and a rule therefor shall be promulgated if the Secretary finds that— (A) the goal of replacement fuel use de- scribed in section 13252(b)(2)(B) of this title, as modified under section 13254 of this title, is not expected to be actually achieved by 2010, or such other date as is established under sec- tion 13254 of this title, by voluntary means or pursuant to this subchapter or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal described in section 13252(b)(2)(A) of this title, as modified under section 13254 of this title; (B) such goal is practicable and actually achievable within periods specified in section 13252(b)(2) of this title, as modified under sec- tion 13254 of this title, through implementa- tion of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals; and (C) by 1998 (when model year 1999 begins) or the date specified by the Secretary in such rule for initiating a fleet requirement pro- gram— (i) there exists sufficient evidence to en- sure that the fuel and the needed infrastruc- ture, including the supply and deliverability systems, will be installed and located at con- venient places in the fleet areas subject to the rule and will be fully operational when the rule is effective to offer a reliable and timely supply of the applicable alternative fuel at reasonable costs (as compared to con- ventional fuels) to meet the fleet require- ment program, as demonstrated through use of the provisions of section 13255(1) of this title regarding voluntary commitments or other adequate, reliable, and convincing forms of agreements, arrangements, or rep- resentations that such fuels and infrastruc- ture are in existence or will exist when the rule is effective and will be expanded as the percentages increase annually; (ii) there will be a sufficient number of new alternative fueled vehicles from original equipment manufacturers that comply with all applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] and chapter 301 of title 49; (iii) such new vehicles will meet the appli- cable non-Federal and non-State fleet per- formance requirements of such fleets (in- cluding range, passenger or cargo-carrying capacity, reliability, refueling capability, vehicle mix, and economical operation and maintenance); and (iv) establishment of a fleet requirement program by rule under this subsection will not result in unfair competitive advantages or disadvantages, or result in undue eco- nomic hardship, to the affected fleets. (2) The Secretary shall not promulgate a rule under this subsection if he is unable to make af- firmative findings in the case of each of the sub- paragraphs under paragraph (1), and each of the clauses under subparagraph (C) of paragraph (1). (3) If the Secretary does not determine that such program is necessary under this subsection, Page 8538 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13257 the provisions of subsection (e) shall apply to the consideration in the future of any fleet re- quirement program. The record of this rule- making, including the Secretary’s findings, shall be incorporated into a rulemaking under that subsection. If the Secretary determines under this subsection that such program is nec- essary, the Secretary shall not initiate the later rulemaking under subsection (e). (c) Advance notice of proposed rulemaking Not later than April 1, 1998, the Secretary shall publish an advance notice of proposed rule- making for the purpose of— (1) evaluating the progress toward achieving the goals of replacement fuel use described in section 13252(b)(2) of this title, as modified under section 13254 of this title; (2) identifying the problems associated with achieving those goals; (3) assessing the adequacy and practicability of those goals; and (4) considering all actions needed to achieve those goals. The Secretary shall provide for at least 3 re- gional hearings on the advance notice of pro- posed rulemaking, with respect to which official transcripts shall be maintained. The comment period in connection with such advance notice of proposed rulemaking shall be completed within 7 months after publication of the advance no- tice. (d) Proposed rule Before May 1, 1999, the Secretary shall publish in the Federal Register a proposed rule for the rule required under subsection (g), and shall pro- vide for a public comment period, with hearings, of not less than 90 days. (e) Determination (1) Not later than January 1, 2000, the Sec- retary shall, through the rule required under subsection (g), determine whether a fleet re- quirement program is necessary under this sec- tion. Such a program shall be considered nec- essary and a rule therefor shall be promulgated if the Secretary finds that— (A) the goal of replacement fuel use de- scribed in section 13252(b)(2)(B) of this title, as modified under section 13254 of this title, is not expected to be actually achieved by 2010, or such other date as is established under sec- tion 13254 of this title, by voluntary means or pursuant to this subchapter or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal described in section 13252(b)(2)(A) of this title, as modified under section 13254 of this title; and (B) such goal is practicable and actually achievable within periods specified in section 13252(b)(2) of this title, as modified under sec- tion 13254 of this title, through implementa- tion of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals. (2) The rule under subsection (b) or (g) shall also modify the goal described in section 13252(b)(2)(B) of this title and establish a revised goal pursuant to section 13254 of this title if the Secretary determines, based on the proceeding required under subsection (a) or (c), that the goal in effect at the time of that proceeding is inadequate or impracticable, and not expected to be achievable. Such goal as modified and es- tablished shall be applicable in making the find- ings described in paragraph (1). If the Secretary modifies the goal under this paragraph, he may also modify the percentages stated in subsection (a)(1) or (g)(1) and the minimum percentage stat- ed in subsection (a)(2) or (g)(2) shall be not less than 10 percent. (f) Explanation of determination that fleet re- quirement program is not necessary If the Secretary determines, based on findings under subsection (b) or (e), that a fleet require- ment program under this section is not nec- essary, the Secretary shall— (1) by December 15, 1996, with respect to a rulemaking under subsection (b); and (2) by January 1, 2000, with respect to a rule- making under subsection (e), publish such determination in the Federal Reg- ister as a final agency action, including an ex- planation of the findings on which such deter- mination is made and the basis for the deter- mination. (g) Fleet requirement program (1) If the Secretary determines under sub- section (e) that a fleet requirement program is necessary, the Secretary shall, by January 1, 2000, by rule require that, except as provided in paragraph (2), of the total number of new light duty motor vehicles acquired for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person under section 13251 of this title— (A) 20 percent of the motor vehicles acquired in model year 2002; (B) 40 percent of the motor vehicles acquired in model year 2003; (C) 60 percent of the motor vehicles acquired in model year 2004; and (D) 70 percent of the motor vehicles acquired in model year 2005 and thereafter, shall be alternative fueled vehicles. (2) The Secretary may not establish percent- age requirements higher than those described in paragraph (1). The Secretary may, if appro- priate, and pursuant to a rule under subsection (g), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 2002 (when model year 2003 begins) for initiating the fleet require- ments under paragraph (1). (3) Nothing in this subchapter shall be con- strued as requiring any fleet to acquire alter- native fueled vehicles or alternative fuels that do not meet the normal business requirements and practices and needs of that fleet. (4) A vehicle operating only on gasoline that complies with applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] shall not be considered an alternative fueled vehicle under subsection (b) or this subsection, except that the Secretary, as part of the rule under subsection (b) or this subsection, may determine that such vehicle should be treated as an alternative Page 8539 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13257 fueled vehicle for purposes of this section, for fleets subject to part C of title II of the Clean Air Act [42 U.S.C. 7581 et seq.], taking into con- sideration the impact on energy security and the goals stated in section 13252(a) of this title. (h) Extension of deadlines The Secretary may, by notice published in the Federal Register, extend the deadlines estab- lished under subsections (e), (f)(2), and (g) for an additional 90 days if the Secretary is unable to meet such deadlines. Such extension shall not be reviewable. (i) Exemptions (1) A rule issued under subsection (b), (g), or (o) shall provide for the prompt exemption by the Secretary, through a simple and reasonable process, of any fleet from the requirements of subsection (b), (g), or (o), in whole or in part, if it is demonstrated to the satisfaction of the Sec- retary that— (A) alternative fueled vehicles that meet the normal requirements and practices of the prin- cipal business of the fleet owner are not rea- sonably available for acquisition; (B) alternative fuels that meet the normal requirements and practices of the principal business of the fleet owner are not available in the area in which the vehicles are to be oper- ated; or (C) in the case of State and local govern- ment entities, the application of such require- ments would pose an unreasonable financial hardship. (2) In the case of private fleets, if the motor vehicles, when under normal operations, are ga- raged at personal residences at night, such motor vehicles shall be exempt from the require- ments of subsections (b) and (g). (j) Conversions Nothing in this subchapter or the amendments made by this subchapter shall require a fleet owner to acquire conversion vehicles. (k) Inclusion of law enforcement vehicles and urban buses (1) If the Secretary determines, by rule, that the inclusion of fleets of law enforcement motor vehicles in the fleet requirement program estab- lished under subsection (g) would contribute to achieving the goal described in section 13252(b)(2)(B) of this title, as modified under sec- tion 13254 of this title, and the Secretary finds that such inclusion would not hinder the use of the motor vehicles for law enforcement pur- poses, the Secretary may include such fleets in such program. The Secretary may only initiate one rulemaking under this paragraph. (2) If the Secretary determines, by rule, that the inclusion of new urban buses, as defined by the Administrator under title II of the Clean Air Act [42 U.S.C. 7521 et seq.], in a fleet require- ment program established under subsection (g) would contribute to achieving the goal described in section 13252(b)(2)(B) of this title, as modified under section 13254 of this title, the Secretary may include such urban buses in such program, if the Secretary finds that such application will be consistent with energy security goals and the needs and objectives of encouraging and facili- tating the greater use of such urban buses by the public, taking into consideration the impact of such application on public transit entities. The Secretary may only initiate one rulemaking under this paragraph. (3) Rulemakings under paragraph (1) or (2) shall be separate from a rulemaking under sub- section (g), but may not occur unless a rule- making is carried out under subsection (g). (l) Consideration of factors In carrying out this section, the Secretary shall take into consideration energy security, costs, safety, lead time requirements, vehicle miles traveled annually, effect on greenhouse gases, technological feasibility, energy require- ments, economic impacts, including impacts on workers and the impact on consumers (including users of the alternative fuel for purposes such as for residences, agriculture, process use, and non- fuel purposes) and fleets, the availability of al- ternative fuels and alternative fueled vehicles, and other relevant factors. (m) Consultation and participation of other Fed- eral agencies In carrying out this section and section 13256 of this title, the Secretary shall consult with the Secretary of Transportation, the Adminis- trator, and other appropriate Federal agencies. The Secretary shall provide for the participa- tion of the Secretary of Transportation and the Administrator in the development and issuance of the rule under this section, including the pub- lic process concerning such rule. (n) Petitions As part of the rule promulgated either pursu- ant to subsection (b) or (g) of this section, the Secretary shall establish procedures for any fleet owner or operator or motor vehicle manu- facturer to request that the Secretary modify or suspend a fleet requirement program established under either subsection nationally, by region, or in an applicable fleet area because, as dem- onstrated by the petitioner, the infrastructure or fuel supply or distribution system for an ap- plicable alternative fuel is inadequate to meet the needs of a fleet. In the event that the Sec- retary determines that a modification or sus- pension of the fleet requirement program on a regional basis would detract from the nation- wide character of any fleet requirement program established by rule or would sufficiently dimin- ish the economies of scale for the production of alternative fueled vehicles or alternative fuels and thereafter the practicability and effective- ness of such program, the Secretary may only modify or suspend the program nationally. The procedures shall include provisions for notice and public hearings. The Secretary shall deny or grant the petition within 180 days after filing. (o) Mandatory State fleet programs (1) Pursuant to a rule promulgated by the Sec- retary, beginning in calendar year 1995 (when model year 1996 begins), the following percent- ages of new light duty motor vehicles acquired annually for State government fleets, including agencies thereof, but not municipal fleets, shall be alternative fueled vehicles: (A) 10 percent of the motor vehicles acquired in model year 1996; Page 8540 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13258 (B) 15 percent of the motor vehicles acquired in model year 1997; (C) 25 percent of the motor vehicles acquired in model year 1998; (D) 50 percent of the motor vehicles acquired in model year 1999; (E) 75 percent of the motor vehicles acquired in model year 2000 and thereafter. (2)(A) The Secretary shall within 18 months after October 24, 1992, promulgate a rule pro- viding that a State may submit a plan within 12 months after such promulgation containing a light duty alternative fueled vehicle plan for State fleets to meet the annual percentages es- tablished under paragraph (1) for the acquisition of light duty motor vehicles. The plan shall pro- vide for the voluntary conversion or acquisition or combination thereof, beyond any acquisition required by this subchapter, of such motor vehi- cles by State, local, or private fleets, in numbers greater than or equal to the number of State al- ternative fueled vehicles required pursuant to paragraph (1). (B) The plan, if approved by the Secretary, would be in lieu of the State meeting such an- nual percentages solely through purchases of new State-owned vehicles. All conversions or ac- quisitions or combinations thereof of any alter- native fueled vehicles under the plan must be voluntary and must conform with the require- ments of section 247 of the Clean Air Act [42 U.S.C. 7587] and must comply with applicable safety requirements. The Secretary of Transpor- tation shall within 3 years after enactment pro- mulgate rules setting forth safety standards in accordance with chapter 301 of title 49 applicable to all conversions. (Pub. L. 102–486, title V, § 507, Oct. 24, 1992, 106 Stat. 2891.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsecs. (b)(1)(C)(ii), (g)(4), and (k)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. Title II of the Act, known as the National Emission Standards Act, is classified generally to sub- chapter II (§ 7521 et seq.) of chapter 85 of this title. Part C of title II of the Act is classified generally to part C (§ 7581 et seq.) of chapter 85 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. This subchapter, referred to in subsecs. (b)(1)(A), (e)(1)(A), (g)(3), (j), and (o)(2)(A), was in the original ‘‘this title’’ meaning title V of Pub. L. 102–486, Oct. 24, 1992, 102 Stat. 2887, which is classified generally to this subchapter. CODIFICATION In subsecs. (b)(1)(C)(ii) and (o)(2)(B), ‘‘chapter 301 of title 49’’ substituted for ‘‘the National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et seq.]’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted sub- titles II, III, and V to X of Title 49, Transportation. § 13258. Credits (a) Definitions In this section: (1) Fuel cell electric vehicle The term ‘‘fuel cell electric vehicle’’ means an on-road or non-road vehicle that uses a fuel cell (as defined in section 16152 of this title). (2) Hybrid electric vehicle The term ‘‘hybrid electric vehicle’’ means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of title 26). (3) Medium- or heavy-duty electric vehicle The term ‘‘medium- or heavy-duty electric vehicle’’ means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross ve- hicle weight of more than 8,501 pounds. (4) Neighborhood electric vehicle The term ‘‘neighborhood electric vehicle’’ means a 4-wheeled on-road or nonroad vehicle that— (A) has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and (B) is propelled by an electric motor and on-board, rechargeable energy storage sys- tem that is rechargeable using an off-board source of electricity. (5) Plug-in electric drive vehicle The term ‘‘plug-in electric drive vehicle’’ means a vehicle that— (A) draws motive power from a battery with a capacity of at least 4 kilowatt-hours; (B) can be recharged from an external source of electricity for motive power; and (C) is a light-, medium-, or heavy duty motor vehicle or nonroad vehicle (as those terms are defined in section 7550 of this title). (b) In general (1) Allocation The Secretary shall allocate a credit to a fleet or covered person that is required to ac- quire an alternative fueled vehicle under this subchapter, if that fleet or person acquires an alternative fueled vehicle in excess of the number that fleet or person is required to ac- quire under this subchapter or acquires an al- ternative fueled vehicle before the date that fleet or person is required to acquire an alter- native fueled vehicle under such subchapter. (2) Electric vehicles Not later than January 31, 2009, the Sec- retary shall— (A) allocate credit in an amount to be de- termined by the Secretary for— (i) acquisition of— (I) a hybrid electric vehicle; (II) a plug-in electric drive vehicle; (III) a fuel cell electric vehicle; (IV) a neighborhood electric vehicle; or (V) a medium- or heavy-duty electric vehicle; and (ii) investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the Secretary; and (B) allocate more than 1, but not to exceed 5, credits for investment in an emerging technology relating to any vehicle described in subparagraph (A) to encourage—