42 U.S.C. § 6374 — Alternative fuel use by light duty Federal

Page 6816 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6372h mate of each State, and such other factors as the Secretary may deem appropriate. (b) The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be al- located in such year for the total of grants in each State which has an approved State plan under this part. (Pub. L. 94–163, title III, § 400H, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.) § 6372h. Administration; detailed description in annual report (a) The Secretary may prescribe such rules as may be necessary in order to carry out the pro- visions of this part. (b) The Secretary shall include in his annual report a detailed description of the actions taken under this part in the preceding fiscal year and the actions planned to be taken in the subsequent fiscal year. Such description shall show the allocations made (including the alloca- tions made to each State) and include informa- tion on the technical assistance carried out with funds allocated, and an estimate of the energy savings, if any, achieved. (Pub. L. 94–163, title III, § 400I, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253; amended Pub. L. 96–470, title II, § 203(a), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 105–388, § 5(a)(13), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–388 struck out comma after ‘‘Secretary shall’’. 1980—Subsec. (b). Pub. L. 96–470 substituted ‘‘include in his annual report a detailed description’’ for ‘‘within one year after November 9, 1978, and annually there- after while funds are available under this part, submit to the Congress a detailed report’’ and ‘‘Such descrip- tion’’ for ‘‘Such report’’. § 6372i. Records Each recipient of assistance under this part shall keep such records, provide such reports, and furnish such access to books and records as the Secretary may by rule prescribe. (Pub. L. 94–163, title III, § 400J, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.) PART G—OFF-HIGHWAY MOTOR VEHICLES Editorial Notes CODIFICATION This part was, in the original, designated part I and has been changed to part G for purposes of codification. § 6373. Off-highway motor vehicles Not later than 1 year after November 9, 1978, the Secretary of Transportation shall complete a study of the energy conservation potential of recreational motor vehicles, including, but not limited to, aircraft and motor boats which are designed for recreational use, and shall submit a report to the President and to the Congress con- taining the results of such study. (Pub. L. 94–163, title III, § 385, as added Pub. L. 95–619, title VI, § 681(a), Nov. 9, 1978, 92 Stat. 3286.) PART H—ENCOURAGING USE OF ALTERNATIVE FUELS Editorial Notes CODIFICATION This part was, in the original, designated part J and has been changed to part H for purposes of codification. § 6374. Alternative fuel use by light duty Federal vehicles (a) Department of Energy program (1) Beginning in the fiscal year ending Sep- tember 30, 1990, the Secretary shall ensure, with the cooperation of other appropriate agencies and consistent with other Federal law, that the maximum number practicable of the vehicles ac- quired annually for use by the Federal Govern- ment shall be alternative fueled vehicles. In no event shall the number of such vehicles acquired be less than the number required under section 13212 of this title. (2) In any determination of whether the acqui- sition of a vehicle is practicable under para- graph (1), the initial cost of such vehicle to the United States shall not be considered as a factor unless the initial cost of such vehicle exceeds the initial cost of a comparable gasoline or die- sel fueled vehicle by at least 5 percent. (3)(A) To the extent practicable, the Secretary shall acquire both dedicated and dual fueled ve- hicles, and shall ensure that each type of alter- native fueled vehicle is used by the Federal Gov- ernment. (B) Vehicles acquired under this section shall be acquired from original equipment manufac- turers. If such vehicles are not available from original equipment manufacturers, vehicles con- verted to use alternative fuels may be acquired if, after conversion, the original equipment manufacturer’s warranty continues to apply to such vehicles, pursuant to an agreement be- tween the original equipment manufacturer and the person performing the conversion. This sub- paragraph shall not apply to vehicles acquired by the United States Postal Service pursuant to a contract entered into by the United States Postal Service before October 24, 1992, and which terminates on or before December 31, 1997. (C) Alternative fueled vehicles, other than those described in subparagraph (B), may be ac- quired solely for the purposes of studies under subsection (b), whether or not original equip- ment manufacturer warranties still apply. (D) In deciding which types of alternative fueled vehicles to acquire in implementing this part, the Secretary shall consider as a factor— (i) which types of vehicles yield the greatest reduction in pollutants emitted per dollar spent; and Page 6817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6374 (ii) the source of the fuel to supply the vehi- cles, giving preference to vehicles that operate on alternative fuels derived from domestic sources. (E)(i) Dual fueled vehicles acquired pursuant to this section shall be operated on alternative fuels unless the Secretary determines that an agency qualifies for a waiver of such require- ment for vehicles operated by the agency in a particular geographic area in which— (I) the alternative fuel otherwise required to be used in the vehicle is not reasonably avail- able to retail purchasers of the fuel, as cer- tified to the Secretary by the head of the agency; or (II) the cost of the alternative fuel otherwise required to be used in the vehicle is unreason- ably more expensive compared to gasoline, as certified to the Secretary by the head of the agency. (ii) The Secretary shall monitor compliance with this subparagraph by all such fleets and shall report annually to Congress on the extent to which the requirements of this subparagraph are being achieved. The report shall include in- formation on annual reductions achieved from the use of petroleum-based fuels and the prob- lems, if any, encountered in acquiring alter- native fuels. (F) At least 50 percent of the alternative fuels used in vehicles acquired pursuant to this sec- tion shall be derived from domestic feedstocks, except to the extent inconsistent with the mul- tilateral trade agreements (as defined in section 3501(4) of title 19). The Secretary shall issue reg- ulations to implement this requirement. For purposes of this subparagraph, the term ‘‘domes- tic’’ has the meaning given such term in section 13211(7) of this title. (G) Except to the extent inconsistent with the multilateral trade agreements (as defined in sec- tion 3501(4) of title 19), vehicles acquired under this section shall be motor vehicles manufac- tured in the United States or Canada. (4) Acquisitions of vehicles under this section shall, to the extent practicable, be coordinated with acquisitions of alternative fueled vehicles by State and local governments. (b) Studies (1)(A) The Secretary, in cooperation with the Environmental Protection Agency and the Na- tional Highway Traffic Safety Administration, shall conduct a study of a representative sample of alternative fueled vehicles in Federal fleets, which shall at a minimum address— (i) the performance of such vehicles, includ- ing performance in cold weather and at high altitude; (ii) the fuel economy, safety, and emissions of such vehicles; and (iii) a comparison of the operation and main- tenance costs of such vehicles to the operation and maintenance costs of other passenger automobiles and light duty trucks. (B) The Secretary shall provide a report on the results of the study conducted under subpara- graph (A) to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on En- ergy and Commerce of the House of Representa- tives, within one year after the first such vehi- cles are acquired. (2)(A) The Secretary and the Administrator of the General Services Administration shall con- duct a study of the advisability, feasibility, and timing of the disposal of vehicles acquired under subsection (a) and any problems of such dis- posal. Such study shall take into account exist- ing laws governing the sale of Government vehi- cles and shall specifically focus on when to sell such vehicles and what price to charge, without compromising studies of the use of such vehicles authorized under this part. (B) The Secretary and the Administrator of the General Services Administration shall re- port the results of the study conducted under subparagraph (A) to the Committees on Com- merce, Science, and Transportation and Govern- mental Affairs of the Senate, and the Com- mittee on Energy and Commerce of the House of Representatives, within 12 months after funds are appropriated for carrying out this section. (3) Studies undertaken under this subsection shall be coordinated with relevant testing ac- tivities of the Environmental Protection Agency and the Department of Transportation. (c) Availability to public To the extent practicable, at locations where vehicles acquired under subsection (a) are sup- plied with alternative fuels, such fuels shall be offered for sale to the public. The head of the Federal agency responsible for such a location shall consider whether such sale is practicable, taking into account, among other factors— (1) whether alternative fuel is commercially available for vehicles in the vicinity of such location; (2) security and safety considerations; (3) whether such sale is in accordance with applicable local, State, and Federal law; (4) the ease with which the public can access such location; and (5) the cost to the United States of such sale. (d) Federal agency use of demonstration vehicles (1) Upon the request of the head of any agency of the Federal Government, the Secretary shall ensure that such Federal agency be provided with vehicles acquired under subsection (a) to the maximum extent practicable. (2)(A) Funds appropriated under this section for the acquisition of vehicles under subsection (a) shall be applicable only to the portion of the cost of vehicles acquired under subsection (a) which exceeds the cost of comparable gasoline or diesel fueled vehicles. (B) To the extent that appropriations are available for such purposes, the Secretary shall ensure that the cost to any Federal agency re- ceiving a vehicle under paragraph (1) shall not exceed the cost to such agency of a comparable gasoline or diesel fueled vehicle. (3) Only one-half of the vehicles acquired under this section by an agency of the Federal Government shall be counted against any limi- tation under law, Executive order, or executive or agency policy on the number of vehicles which may be acquired by such agency. (4) Any Federal agency receiving a vehicle under paragraph (1) shall cooperate with studies Page 6818 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6374 1 See References in Text note below. undertaken by the Secretary under subsection (b). (e) Detail of personnel Upon the request of the Secretary, the head of any Federal agency may detail, on a reimburs- able basis, any of the personnel of such agency to the Department of Energy to assist the Sec- retary in carrying out the Secretary’s duties under this section. (f) Exemptions (1) Vehicles acquired under this section shall not be counted in any calculation of the average fuel economy of the fleet of passenger auto- mobiles acquired in a fiscal year by the United States. (2) The incremental cost of vehicles acquired under this section over the cost of comparable gasoline or diesel fueled vehicles shall not be ap- plied to any calculation with respect to a limi- tation under law on the maximum cost of indi- vidual vehicles which may be acquired by the United States. (g) Definitions For purposes of this part— (1) the term ‘‘acquired’’ means leased for a period of sixty continuous days or more, or purchased; (2) the term ‘‘alternative fuel’’ means meth- anol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by vol- ume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydro- gen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary de- termines, by rule, is substantially not petro- leum and would yield substantial energy secu- rity benefits and substantial environmental benefits; (3) the term ‘‘alternative fueled vehicle’’ means a dedicated vehicle or a dual fueled ve- hicle; (4) the term ‘‘dedicated vehicle’’ means— (A) a dedicated automobile, as such term is defined in section 32901(a)(7) 1 of title 49; or (B) a motor vehicle, other than an auto- mobile, that operates solely on alternative fuel; (5) the term ‘‘dual fueled vehicle’’ means— (A) dual fueled automobile, as such term is defined in section 32901(a)(8) 1 of title 49; or (B) a motor vehicle, other than an auto- mobile, that is capable of operating on alter- native fuel and is capable of operating on gasoline or diesel fuel; and (6) the term ‘‘heavy duty vehicle’’ means a vehicle of greater than 8,500 pounds gross vehi- cle weight rating. (h) Funding (1) For the purposes of this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 1998, to remain available until expended. (2) The authority of the Secretary to obligate amounts to be expended under this section shall be effective for any fiscal year only to such ex- tent or in such amounts as are provided in ad- vance by appropriation Acts. (Pub. L. 94–163, title III, § 400AA, as added Pub. L. 100–494, § 4(a), Oct. 14, 1988, 102 Stat. 2442; amended Pub. L. 102–486, title III, §§ 302(a), 309, Oct. 24, 1992, 106 Stat. 2868, 2874; Pub. L. 104–66, title I, §§ 1051(a), 1052(e), Dec. 21, 1995, 109 Stat. 716, 718; Pub. L. 105–388, § 5(a)(14), Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106–36, title I, § 1002(h), June 25, 1999, 113 Stat. 134; Pub. L. 109–58, title VII, § 701, Aug. 8, 2005, 119 Stat. 814.) Editorial Notes REFERENCES IN TEXT Paragraphs (7) and (8) of section 32901(a) of title 49, referred to in subsec. (g)(4)(A), (5)(A), were redesignated (8) and (9), respectively, and a new par. (7) was enacted by Pub. L. 110–140, title I, § 103(a)(2), (3), Dec. 19, 2007, 121 Stat. 1501. CODIFICATION In subsec. (g)(4)(A), (5)(A), ‘‘section 32901(a)(7) of title 49’’ substituted for ‘‘section 513(h)(1)(C) of the Motor Vehicle Information Cost Savings Act’’ and ‘‘section 32901(a)(8) of title 49’’ substituted for ‘‘section 513(h)(1)(D) of the Motor Vehicle Information and Cost Savings Act’’, respectively, on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 2005—Subsec. (a)(3)(E). Pub. L. 109–58 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘Dual fueled vehicles acquired pursuant to this section shall be operated on alternative fuels unless the Secretary determines that operation on such alter- native fuels is not feasible.’’ 1999—Subsec. (a)(3)(F), (G). Pub. L. 106–36 substituted ‘‘multilateral trade agreements (as defined in section 3501(4) of title 19)’’ for ‘‘General Agreement on Tariffs and Trade’’. 1998—Subsecs. (h), (i). Pub. L. 105–388 redesignated subsec. (i) as (h). 1995—Subsec. (b)(1)(B). Pub. L. 104–66, § 1052(e), struck out before period at end ‘‘, and annually thereafter’’. Subsec. (b)(3) to (5). Pub. L. 104–66, § 1051(a), redesig- nated par. (5) as (3) and struck out former par. (3) which directed Secretary to conduct study of heavy duty ve- hicles acquired under Department of Energy program and report results to Congress and par. (4) which di- rected Secretary to conduct study of advisability of heavy duty vehicle disposal and report results to Con- gress. 1992—Subsec. (a)(1). Pub. L. 102–486, § 302(a)(1), sub- stituted ‘‘vehicles’’ for ‘‘passenger automobiles and light duty trucks’’ before ‘‘acquired annually for use’’ and ‘‘alternative fueled vehicles. In no event shall the number of such vehicles acquired be less than the num- ber required under section 13212 of this title.’’ for ‘‘alco- hol powered vehicles, dual energy vehicles, natural gas powered vehicles, or natural gas dual energy vehicles.’’ Subsec. (a)(3). Pub. L. 102–486, § 302(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The Secretary shall, to the extent practicable and consistent with this part, ensure that the number of dual energy vehicles acquired under this subsection is at least as great as the number of alcohol powered vehicles acquired under this subsection, and that the number of natural gas dual energy vehicles acquired Page 6819 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6374a under this subsection is at least as great as the number of natural gas powered vehicles acquired under this subsection. To the extent practicable, both vehicles ca- pable of operating on alcohol and vehicles capable of operating on natural gas shall be acquired in carrying out this subsection, and such vehicles shall be supplied by original equipment manufacturers.’’ Subsec. (a)(4). Pub. L. 102–486, § 302(a)(3), added par. (4). Subsec. (b)(1)(A). Pub. L. 102–486, § 309, substituted ‘‘a representative sample of alternative fueled vehicles in Federal fleets’’ for ‘‘the vehicles acquired under sub- section (a) of this section’’. Subsec. (b)(3) to (5). Pub. L. 102–486, § 302(a)(4), added pars. (3) to (5). Subsec. (c). Pub. L. 102–486, § 302(a)(5), in introductory provisions substituted ‘‘alternative fuels, such fuels’’ for ‘‘alcohol or natural gas, alcohol or natural gas’’ and in par. (1) substituted ‘‘alternative fuel’’ for ‘‘alcohol or natural gas’’. Subsec. (d)(2)(B). Pub. L. 102–486, § 302(a)(6), sub- stituted ‘‘To the extent that appropriations are avail- able for such purposes, the Secretary’’ for ‘‘The Sec- retary’’. Subsec. (g)(2) to (6). Pub. L. 102–486, § 302(a)(7), added pars. (2) to (6) and struck out former pars. (2) to (6) which read as follows: ‘‘(2) the term ‘alcohol’ means a mixture containing 85 percent or more by volume methanol, ethanol, or other alcohols, in any combination; ‘‘(3) the term ‘alcohol powered vehicle’ means a vehi- cle designed to operate exclusively on alcohol; ‘‘(4) the term ‘dual energy vehicle’ means a vehicle which is capable of operating on alcohol and on gaso- line or diesel fuel; ‘‘(5) the term ‘natural gas dual energy vehicle’ means a vehicle which is capable of operating on natural gas and on gasoline or diesel fuel; and ‘‘(6) the term ‘natural gas powered vehicle’ means a vehicle designed to operate exclusively on natural gas.’’ Subsec. (i)(1). Pub. L. 102–486, § 302(a)(8), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘For the purposes of this section, there are au- thorized to be appropriated for the fiscal year ending September 30, 1990, $5,000,000, for the fiscal year ending September 30, 1991, $3,000,000, for the fiscal year ending September 30, 1992, $2,000,000, and for the fiscal year ending September 30, 1993, $2,000,000.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. TERMINATION DATE Pub. L. 100–494, § 4(b), Oct. 14, 1988, 102 Stat. 2448, which provided that this section and the amendments made by this section (enacting this part) were to cease to be effective after Sept. 30, 1997, was repealed by Pub. L. 102–486, title III, § 302(b), Oct. 24, 1992, 106 Stat. 2871. FINDINGS Pub. L. 100–494, § 2, Oct. 14, 1988, 102 Stat. 2441, pro- vided that: ‘‘The Congress finds and declares that— ‘‘(1) the achievement of long-term energy security for the United States is essential to the health of the national economy, the well-being of our citizens, and the maintenance of national security; ‘‘(2) the displacement of energy derived from im- ported oil with alternative fuels will help to achieve energy security and improve air quality; ‘‘(3) transportation uses account for more than 60 percent of the oil consumption of the Nation; ‘‘(4) the Nation’s security, economic, and environ- mental interests require that the Federal Govern- ment should assist clean-burning, nonpetroleum transportation fuels to reach a threshold level of commercial application and consumer acceptability at which they can successfully compete with petro- leum-based fuels; ‘‘(5) methanol, ethanol, and natural gas are proven transportation fuels that burn more cleanly and effi- ciently than gasoline and diesel fuel; ‘‘(6) the production and use as transportation fuels of ethanol, methanol made from natural gas or bio- mass, and compressed natural gas have been esti- mated in some studies to release less carbon dioxide than comparable quantities of petroleum-based fuel; ‘‘(7) the amount of carbon dioxide released with methanol from a coal-to-methanol industry using currently available technologies has been estimated in some studies to be significantly greater than the amount released with a comparable quantity of pe- troleum-based fuel; ‘‘(8) there exists evidence that manmade pollu- tion—the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the atmosphere—may be producing a long term and substantial increase in the average temperature on Earth, a phenomenon known as global warming through the greenhouse effect; and ‘‘(9) ongoing pollution and deforestation may be contributing now to an irreversible process producing unacceptable global climate changes; necessary ac- tions must be identified and implemented in time to protect the climate, including the development of technologies to control increased carbon dioxide emissions that result with methanol from a coal-to- methanol industry.’’ PURPOSE Pub. L. 100–494, § 3, Oct. 14, 1988, 102 Stat. 2442, pro- vided that: ‘‘The purpose of this Act [see Short Title of 1988 Amendment note set out under section 6201 of this title] is to encourage— ‘‘(1) the development and widespread use of meth- anol, ethanol, and natural gas as transportation fuels by consumers; and ‘‘(2) the production of methanol, ethanol, and nat- ural gas powered motor vehicles.’’ USE OF NONSTANDARD FUELS Pub. L. 100–494, § 5, Oct. 14, 1988, 102 Stat. 2448, pro- vided that: ‘‘No guaranty or warranty with respect to any passenger automobile or light-duty truck acquired by the United States after October 1, 1989, shall be void- ed or reduced in effect by reason of the operation of such vehicle with any fuel for which a currently effec- tive waiver, which includes a limitation regarding Reid vapor pressure with respect to such fuel, has been issued by the Administrator of the Environmental Pro- tection Agency under section 211(f) of the Clean Air Act (42 U.S.C. 7545(f)).’’ § 6374a. Alternative fuels truck commercial appli- cation program (a) Establishment The Secretary, in cooperation with manufac- turers of heavy duty engines and with other Federal agencies, shall establish a commercial application program to study the use of alter- native fuels in heavy duty trucks and, if appro- priate, other heavy duty applications.