S.1923 - Fuel Economy and Security Act of 2002107th Congress (2001-2002)
|Sponsor:||Sen. McCain, John [R-AZ] (Introduced 02/07/2002)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||Senate - 02/07/2002 Read twice and referred to the Committee on Commerce, Science, and Transportation. (All Actions)|
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Introduced in Senate (02/07/2002)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [S. 1923 Introduced in Senate (IS)] 107th CONGRESS 2d Session S. 1923 To provide for increased corporate average fuel economy standards, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2002 Mr. Lott (for Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide for increased corporate average fuel economy standards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Economy and Security Act of 2002''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short Title. Sec. 2. Table of Contents. TITLE I--IMPROVED FUEL ECONOMY FOR VEHICLES Sec. 101. Average fuel economy standards for passenger automobiles and light trucks. Sec. 102. Replacement of dual fuel credit with registry for trading credits. Sec. 103. Elimination of 2-fleet rule. Sec. 104. Elimination of dual fuel credit. Sec. 105. High occupancy vehicle exception. TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION Sec. 201. Market-based initiatives. Sec. 202. Implementing panel. Sec. 203. Definitions. TITLE III--VEHICLE SAFETY Sec. 301. Roof crush standard. Sec. 302. Safety rating labels. TITLE I--IMPROVED FUEL ECONOMY FOR VEHICLES SEC. 101. AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER AUTOMOBILES AND LIGHT TRUCKS. (a) Increased Standards.--Section 32902 of title 49, United States Code, is amended-- (1) by striking ``Non-Passenger Automobiles.--'' in subsection (a) and inserting ``Prescription of Standards by Regulation.--''; and (2) by striking ``(except passenger automobiles)'' in subsection (a) and inserting ``(except passenger automobiles and light trucks)''; (3) by striking subsection (b) and inserting the following: ``(b) Standards for Passenger Automobiles and Light Trucks.-- ``(1) In general.--The Secretary of Transportation, after consultation with the Administrator of the Environmental Protection Agency, shall prescribe average fuel economy standards for passenger automobiles and light trucks manufactured by a manufacturer in each model year beginning with model year 2007 in order to achieve a combined average fuel economy standard for model year 2016 of 36 miles per gallon. In prescribing average fuel economy standards under this paragraph, the Secretary shall prescribe appropriate annual fuel economy standard increases that increase the applicable average fuel economy standard annually during the 9 model-year period beginning with model year 2007. ``(2) Deadline for regulations.--The Secretary shall promulgate the regulations required by paragraph (1) in final form no later than 24 months after the date of enactment of the Fuel Economy and Security Act of 2002. ``(3) Default standards.--If the regulations required by paragraph (1) are not promulgated in final form within the period required by paragraph (2), then the average fuel economy standard for passenger automobiles and light trucks manufactured by a manufacturer is-- ``(A) for model year 2012, a standard (expressed in miles per gallon) that represents 50 percent of the difference between-- ``(i) 36 miles per gallon; and ``(ii) the average fuel economy for passenger automobiles and light trucks manufactured by a manufacturer in model year 2006; and ``(B) 36 miles per gallon for model year 2016 and thereafter.''; (4) by striking ``the standard'' in subsection (c)(1) and inserting ``a standard''; (5) by striking the first and last sentences of subsection (c)(2); and (6) by striking ``(and submit the amendment to Congress when required under subsection (c)(2) of this section)'' in subsection (g). (b) Definition of Light Trucks.-- (1) In general.--Section 32901(a) of title 49, United States Code, is amended by adding at the end the following: ``(17) `light truck' means an automobile that the Secretary decides by regulation-- ``(A) is manufactured primarily for transporting not more than 10 individuals; ``(B) is rated at not more than 10,000 pounds gross vehicle weight; ``(C) is not a passenger automobile; and ``(D) does not fall within the exceptions from the definition of `medium duty passenger vehicle' under section 8601-01 of title 40, Code of Federal Regulations.''. (2) Deadline for regulations.--The Secretary of Transportation-- (A) shall issue proposed regulations implementing the amendment made by paragraph (1) not later than 1 year after the date of the enactment of this Act; and (B) shall issue final regulations implementing the amendment not later than 18 months after the date of the enactment of this Act. (3) Effective date.--Regulations prescribed under paragraph (1) shall apply beginning with model year 2007. (c) Applicability of Existing Standards.--This section does not affect the application of section 32902 of title 49, United States Code, to passenger automobiles or non-passenger automobiles manufactured before model year 2007. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation to carry out the provisions of chapter 329 of title 49, United States Code, $25,000,000 for each of fiscal years 2003 through 2016. SEC. 102. FUEL ECONOMY STANDARD CREDITS. (a) In General.--Section 32903 of title 49, United States Code, is amended by striking the second sentence of subsection (a) and inserting ``The credits-- ``(1) may be applied to any of the 3 model years immediately following the model year for which the credits are earned; or ``(2) transferred to the registry established under section 201 of the Fuel Economy and Security Act of 2002.''. (b) Greenhouse Gas Credits Applied to CAFE Standards.--Section 32903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Greenhouse Gas Credits.-- ``(1) In general.--A manufacturer may apply credits purchased through the registry established by section 201 of the Fuel Economy and Security Act of 2002 toward any model year after model year 2006 under subsection (d), subsection (e), or both. ``(2) Limitation.--A manufacturer may not use credits purchased through the registry to offset more than 10 percent of the fuel economy standard applicable to any model year.''. SEC. 103. ELIMINATION OF 2-FLEET RULE. (a) In General.--Section 32904 of title 49, United States Code, is amended-- (1) by striking subsection (b); and (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively. (b) Effective Date.--The amendments made by subsection (a) shall apply to model years 2007 and later. SEC. 104. ELIMINATION OF DUAL FUEL CREDIT. Section 32905 of title 49, United States Code, is repealed. SEC. 105. HIGH OCCUPANCY VEHICLE EXCEPTION. (a) In General.--Notwithstanding section 102(a)(1) of title 23, United States Code, a State may, for the purpose of promoting energy conservation, permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if it is a hybrid vehicle or is certified by the Secretary of Transportation, after consultation with the Administrator of the Environmental Protection Agency, to be a vehicle that utilizes only an alternative fuel. (b) Hybrid Vehicle Defined.--In this section, the term ``hybrid vehicle'' means a motor vehicle other than a light truck (as defined in section 32901(a)(17) of title 49, United States Code)-- (1) which-- (A) draws propulsion energy from onboard sources of stored energy which are both-- (i) an internal combustion or heat engine using combustible fuel; and (ii) a rechargeable energy storage system; or (B) recovers kinetic energy through regenerative braking and provides at least 13 percent maximum power from the electrical storage device; (2) which, in the case of a passenger automobile-- (A) for 2002 and later model vehicles, has received a certificate of conformity under section 206 of the Clean Air Act (42 U.S.C. 7525) and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act (42 U.S.C. 7583(e)(2)) for that make and model year; and (B) for 2004 and later model vehicles, has received a certificate that such vehicle meets the Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and (3) which is made by a manufacturer. (c) Alternative Fuel Defined.--In this section, the term ``alternative fuel'' has the meaning such term has under section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)). TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION SEC. 201. MARKET-BASED INITIATIVES. (a) Establishment of Registry for Voluntary Trading Systems.--The Secretary of Commerce, through the Undersecretary for Technology, shall establish a national registry system for greenhouse gas trading among industry under which emission reductions from the applicable baseline are assigned unique identifying numerical codes by the registry. Participation in the registry is voluntary. Any entity conducting business in the United States may register its emission results, including emissions generated outside of the United States, on an entity-wide basis with the registry, and may utilize the services of the registry. (b) Purposes.--The purposes of the national registry are-- (1) to encourage voluntary actions to reduce greenhouse gas emissions and increase energy efficiency, including increasing the fuel economy of passenger automobiles and light trucks and reducing the reliance by United States markets on petroleum produced outside the United States used to provide vehicular fuel; (2) to enable participating entities to record voluntary greenhouse gas emissions reductions; in a consistent format that is supported by third party verification; (3) to encourage participants involved in existing partnerships to be able to trade emissions reductions among partnerships; (4) to further recognize, publicize, and promote registrants making voluntary and mandatory reductions; (5) to recruit more participants in the program; and (6) to help various entities in the nation establish emissions baselines. (c) Functions.--The national registry shall carry out the following functions: (1) Referrals.--Provide referrals to approved providers for advice on-- (A) designing programs to establish emissions baselines and to monitor and track greenhouse gas emissions; and (B) establishing emissions reduction goals based on international best practices for specific industries and economic sectors. (2) Uniform reporting format.--Adopt a uniform format for reporting emissions baselines and reductions established through-- (A) the Director of the National Institute of Standards and Technology for greenhouse gas baselines and reductions generally; and (B) the Secretary of Transportation for credits under section 32903 of title 49, United States Code. (3) Record maintenance.--Maintain a record of all emission baselines and reductions verified by qualified independent auditors. (4) Encourage participation.--Encourage organizations from various sectors to monitor emissions, establish baselines and reduction targets, and implement efficiency improvement and renewable energy programs to achieve those targets. (5) Public awareness.--Recognize, publicize, and promote participants that-- (A) commit to monitor their emissions and set reduction targets; (B) establish emission baselines; and (C) report on the amount of progress made on their annual emissions. (d) Transfer of Reductions.--The registry shall-- (1) allow for the transfer of ownership of any reductions realized in accordance with the program; and (2) require that the registry be notified of any such transfer within 30 days after the transfer is effected. (e) Future Considerations.--Any reductions achieved under this program shall be credited against any future mandatory greenhouse gas reductions required by the government. Final approval of the amount and value of credits shall be determined by the agency responsible for the implementation of the mandatory greenhouse gas emission reduction program, except that credits under section 32903 of title 49, United States Code, shall be determined by the Secretary of Transportation. The Secretary of Commerce shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination made by that agency. (f) CAFE Standards Credits.--The Secretary of Transportation shall work with the Secretary of Commerce and the implementing panel established by section 202 to determine the equivalency of credits earned under section 32903 of title 49, United States Code, for inclusion in the registry. The Secretary shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination. SEC. 202. IMPLEMENTING PANEL. (a) Establishment.--There is established within the Department of Commerce an implementing panel. (b) Composition.--The panel shall consist of-- (1) the Secretary of Commerce or the Secretary's designee, who shall serve as Chairperson; (2) the Secretary of Transportation or the Secretary's designee; and (3) 1 expert in the field of greenhouse gas emissions reduction, certification, or trading from each of the following agencies-- (A) the Department of Energy; (B) the Environmental Protection Agency; (C) the Department of Agriculture; (D) the National Aeronautics and Space Administration; (E) the Department of Commerce; and (F) the Department of Transportation. (c) Experts and Consultants.--Any member of the panel may secure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, for greenhouse gas reduction, certification, and trading experts in the private and non-profit sectors and may also utilize any grant, contract, cooperative agreement, or other arrangement authorized by law to carry out its activities under this subsection. (d) Duties.--The panel shall-- (1) implement and oversee the implementation of this section; (2) promulgate-- (A) standards for certification of registries and operation of certified registries; and (B) standards for measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries; (3) maintain, and make available to the public, a list of certified registries; and (4) issue rulemakings on standards for measuring, verifying, and recording greenhouse gas emissions and greenhouse gas emission reductions proposed to the panel by certified registries, through a standard process of issuing a proposed rule, taking public comment for no less than 30 days, then finalizing regulations to implement this act, which will provide for recognizing new forms of acceptable greenhouse gas reduction certification procedures. (e) Certification and Operation Standards.--The standards promulgated by the panel shall include-- (1) standards for ensuring that certified registries do not have any conflicts of interest, including standards that prohibit a certified registry from-- (A) owning greenhouse gas emission reductions recorded in any certified registry; or (B) receiving compensation in the form of a commission where sources receive money for the total number of tons certified; (2) standards for authorizing certified registries to enter into agreements with for-profit persons engaged in trading of greenhouse gas emission reductions, subject to paragraph (1); and (3) such other standards for certification of registries and operation of certified registries as the panel determines to be appropriate. (f) Measurement, Verification, and Recording Standards.--The standards promulgated by the panel shall provide for, in the case of certified registries-- (1) ensuring that certified registries accurately measure, verify, and record greenhouse gas emissions and greenhouse gas emission reductions, taking into account-- (A) boundary issues such as leakage and shifted utilization; and (B) such other factors as the panel determines to be appropriate; (2) ensuring that-- (A) certified registries do not double-count greenhouse gas emission reductions; and (B) if greenhouse gas emission reductions are recorded in more than 1 certified registry, such double-recording is clearly indicated; (3) determining the ownership of greenhouse gas emission reductions and recording and tracking the transfer of greenhouse gas emission reductions among entities (such as through assignment of serial numbers to greenhouse gas emission reductions); (4) measuring the results of the use of carbon sequestration and carbon recapture technologies; (5) measuring greenhouse gas emission reductions resulting from improvements in-- (A) power plants; (B) automobiles (including types of passenger automobiles and light trucks, as defined in section 32901(a) (16) and (17) respectively, produced in the same model year); (C) carbon re-capture, storage and sequestration, including organic sequestration and manufactured emissions injection, and or storage; and (D) other sources; (6) measuring prevented greenhouse gas emissions through the rulemaking process and based on the latest scientific data, sampling, expert analysis related to measurement and projections for prevented greenhouse gas emissions in tons including-- (A) organic soil carbon sequestration practices; and (B) forest preservation and re-forestation activities which adequately address the issues of permanence, leakage and verification; and (7) such other measurement, verification, and recording standards as the panel determines to be appropriate. (g) Certification of Registries.--Except as provided in subsection (h), a registrant that desires to be a certified registry shall submit to the panel an application that-- (1) demonstrates that the registrant meets each of the certification standards established by the panel under subsections (d) and (e); and (2) meets such other requirements as the panel may establish. (h) Automobile Industry.--The Secretary of Transportation is deemed to be the certified registrant for credits earned under section 32903 of title 49, United States Code. (i) Annual Report.--Within 1 year after the date after the date of enactment of this Act and biennially thereafter, the panel shall report to the Congress on the status of the program established under this section. The report shall include an assessment of the level of participation in the program and amount of progress being made on emission reduction targets. SEC. 203. DEFINITIONS. In this title: (1) Greenhouse gas.--The term ``greenhouse gas'' includes-- (A) carbon dioxide; (B) methane; (C) hydro fluorocarbons; (D) perfluorocarbons; (E) nitrous oxide; and (F) sulfur hexafluoride. (2) Baseline.--The term ``baseline'' means-- (A) the greenhouse gas emissions, determined on an entity-wide basis for the participant's most recent previous 3-year annual average of greenhouse gas emissions prior to the date of enactment of this Act; or (B) if data is unavailable for that 3-year period, the greenhouse gas emissions as of September 30, 2002, (or as close to that date as such emission levels can reasonably be determined). In promulgating regulations under this title, the panel shall take into account greenhouse gas emission reductions or off-setting actions taken by any entity before the date on which the registry is established. (3) Certified registry.--The term ``certified registry'' means a registry that has been certified by the panel as meeting the standards promulgated under section 202(e) and (f) and, for the automobile industry, the Secretary of Transportation. (4) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means the quantity of greenhouse gases emitted by a source during a period, measured in tons of greenhouse gases. (5) Greenhouse gas emission reduction.--The term ``greenhouse gas emission reduction'' means a quantity equal to the difference between-- (A) the greenhouse gas emissions of a source during a period; and (B) the greenhouse gas emissions of the source during a baseline period of the same duration as determined by registries and entities defined as owners of emission sources. (6) Kyoto protocol.--The term ``Kyoto protocol'' means the Kyoto Protocol to the United Nations Framework Convention on Climate Change (including the Montreal Protocol to the Convention on Substances that Deplete the Ozone Layer). (7) Panel.--The term ``panel'' means the implementing panel established by section 202(a). (8) Registrant.--The term ``registrant'' means a private person that operates a database recording quantified and verified greenhouse gas emissions and emissions reductions of sources owned by other entities. (9) Source.--The term ``source'' means a source of greenhouse gas emissions. TITLE III--VEHICLE SAFETY SEC. 301. ROOF CRUSH SAFETY STANDARD. (a) Improved Crashworthiness.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30128. Improved crashworthiness ``Within 3 years after the date of enactment of the Fuel Economy and Security Act of 2002, the Secretary of Transportation, through the National Highway Traffic Safety Administration, shall prescribe a motor vehicle safety standard under this chapter for rollover crashworthiness standards that includes-- ``(1) dynamic roof crush standards; ``(2) improved seat structure and safety belt design; ``(3) side impact head protection airbags; and ``(4) roof injury protection measures.''. (b) Conforming Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30127 the following: ``30128. Improved crashworthiness''. SEC. 302. SAFETY RATING LABELS. Section 32302 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (3) and (4) of subsection (a) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) of subsection (a) the following: ``(3) overall safety of the driver and passengers of the vehicle in a collision.''; and (3) by striking subsection (b) and inserting the following: ``(b) Motor Vehicle Safety Information.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall establish test criteria for use by manufacturers in determining damage susceptibility, crashworthiness, and the overall safety of vehicles for drivers and passengers. ``(2) Presentation of data.--The Secretary shall prescribe a system for presenting information developed under paragraphs (1) through (3) of subsection (a) to the public in a simple and understandable form that facilitates comparison among the makes and models of passenger motor vehicles. ``(3) Label requirement.--Each manufacturer of a new passenger motor vehicle (as defined in section 32304(a)(8)) manufactured after September 30, 2005, and distributed in commerce for sale in the United States shall cause the information required by paragraph (2) to appear on, or adjacent to, the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232(b)).''. <all>