42 U.S.C. § 13219 — United States Postal Service

Page 8529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13220 13149, § 501, Apr. 21, 2000, 65 F.R. 24610, formerly set out as a note under section 13212 of this title. CODIFICATION Subsec. (a) of this section, which required the Admin- istrator of General Services to report biennially to Congress on the General Services Administration’s al- ternative fueled vehicle program under the Energy Pol- icy Act of 1992, terminated, effective May 15, 2000, pur- suant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 4th item on page 173 of House Document No. 103–7. AMENDMENTS 2005—Subsec. (b)(1). Pub. L. 109–58 substituted ‘‘Feb- ruary 15, 2006’’ for ‘‘1 year after November 13, 1998’’ in introductory provisions. 1998—Pub. L. 105–388 substituted ‘‘Reports’’ for ‘‘Gen- eral Services Administration report’’ in section catch- line, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b). § 13219. United States Postal Service (a) Omitted (b) Coordination To the maximum extent practicable, the Post- master General shall coordinate the Postal Service’s alternative fueled vehicle procure- ment, placement, refueling, and maintenance programs with those at the Federal, State, and local level. The Postmaster General shall com- municate, share, and disseminate, on a regular basis, information on such programs with the Secretary, the Administrator of General Serv- ices, and heads of appropriate Federal agencies. (c) Program criteria The Postmaster General shall consider the fol- lowing criteria in the procurement and place- ment of alternative fueled vehicles: (1) The procurement plans of State and local governments and other public and private in- stitutions. (2) The current and future availability of re- fueling and repair facilities. (3) The reduction in emissions of the Postal fleet. (4) Whether the vehicle is to be used in a nonattainment area as specified in the Clean Air Act Amendments of 1990. (5) The operational requirements of the Postal fleet. (6) The contribution to the reduction in the consumption of oil in the transportation sec- tor. (Pub. L. 102–486, title III, § 311, Oct. 24, 1992, 106 Stat. 2874.) Editorial Notes REFERENCES IN TEXT The Clean Air Act Amendments of 1990, referred to in subsec. (c)(4), probably means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 7401 of this title and Tables. CODIFICATION Subsec. (a) of this section, which required the Post- master General to biennially submit to Congress a re- port on the Postal Service’s alternative fueled vehicle program, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, the 15th item on page 194 of House Document No. 103–7. § 13220. Biodiesel fuel use credits (a) Allocation of credits (1) In general The Secretary shall allocate one credit under this section to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 per- cent biodiesel by volume purchased after the date of the enactment of this section, for use by the fleet or covered person in vehicles owned or operated by the fleet or covered per- son that weigh more than 8,500 pounds gross vehicle weight rating. (2) Exceptions No credits shall be allocated under para- graph (1) for a purchase of biodiesel— (A) for use in alternative fueled vehicles; or (B) that is required by Federal or State law. (3) Authority to modify percentage The Secretary may, by rule, lower the 20 percent biodiesel volume requirement in para- graph (1) for reasons related to cold start, safety, or vehicle function considerations. (4) Documentation A fleet or covered person seeking a credit under this section shall provide written docu- mentation to the Secretary supporting the al- location of a credit to such fleet or covered person under paragraph (1). (b) Use of credits (1) In general At the request of a fleet or covered person allocated a credit under subsection (a), the Secretary shall, for the year in which the pur- chase of a qualifying volume is made, treat that purchase as the acquisition of one alter- native fueled vehicle the fleet or covered per- son is required to acquire under this sub- chapter, subchapter II, or subchapter III. (2) Limitation Credits allocated under subsection (a) may not be used to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person under this sub- chapter, subchapter II, and subchapter III. This paragraph shall not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in section 13251(a)(2)(A) of this title. (c) Credit not a section 13258 credit A credit under this section shall not be consid- ered a credit under section 13258 of this title. (d) Issuance of rule The Secretary shall, before January 1, 1999, issue a rule establishing procedures for the im- plementation of this section. (e) Collection of data The Secretary shall collect such data as are required to make a determination described in subsection (f)(2)(B).