Text: S.3543 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in Senate (06/20/2006)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3543 Introduced in Senate (IS)]


109th CONGRESS
  2d Session
                                S. 3543

    To improve passenger automobile fuel economy and safety, reduce 
  greenhouse gas emissions, reduce dependence on foreign oil, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2006

  Mrs. Feinstein (for herself, Ms. Snowe, Mr. Durbin, Mr. Chafee, Mr. 
     Inouye, Ms. Cantwell, Mr. Nelson of Florida, Mrs. Boxer, Mr. 
 Lautenberg, Mr. Menendez, Mr. Lieberman, and Ms. Collins) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To improve passenger automobile fuel economy and safety, reduce 
  greenhouse gas emissions, reduce dependence on foreign oil, 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 ``Ten-in-Ten Fuel Economy Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Average fuel economy standards for passenger automobiles and 
                            light trucks.
Sec. 4. Passenger car program reform.
Sec. 5. Definition of work truck.
Sec. 6. Definition of light truck.
Sec. 7. Ensuring safety of passenger automobiles and light trucks.
Sec. 8. Truth in fuel economy testing.
Sec. 9. Onboard fuel economy indicators and devices.
Sec. 10. Secretary of Transportation to certify benefits.
Sec. 11. Credit trading program.
Sec. 12. Report to Congress.
Sec. 13. Labels for fuel economy and greenhouse gas emissions.

SEC. 3. 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 2009 in order to achieve a combined average 
        fuel economy standard for passenger automobiles and light 
        trucks for model year 2017 of at least 35 miles per gallon.
            ``(2) Elimination of suv loophole.--Beginning no later than 
        with model year 2011, the regulations prescribed under this 
        section may not make any distinction between passenger 
        automobiles and light trucks.
            ``(3) Progress toward standard required.--In prescribing 
        average fuel economy standards under paragraph (1), the 
        Secretary shall prescribe appropriate annual fuel economy 
        standard increases for passenger automobiles and light trucks 
        that--
                    ``(A) increase the applicable average fuel economy 
                standard ratably beginning with model year 2009 and 
                ending with model year 2017;
                    ``(B) require that each manufacturer achieve--
                            ``(i) a fuel economy standard for passenger 
                        automobiles manufactured by that manufacturer 
                        of at least 31.1 miles per gallon no later than 
                        model year 2009; and
                            ``(ii) a fuel economy standard for light 
                        trucks manufactured by that manufacturer of at 
                        least 23.6 miles per gallon no later than model 
                        year 2009.
            ``(4) Fuel economy baseline for passenger automobiles.--
        Notwithstanding the maximum feasible average fuel economy level 
        established by regulations prescribed under subsection (c), the 
        minimum fleetwide average fuel economy standard for passenger 
        automobiles manufactured by a manufacturer in a model year for 
        that manufacturer's domestic fleet and foreign fleet, as 
        calculated under section 32904 of this chapter as in effect 
        before the date of enactment of the Ten-in-Ten Fuel Economy 
        Act, shall be the greater of--
                            ``(i) 27.5 miles per gallon; or
                            ``(ii) 92 percent of the average fuel 
                        economy projected by the Secretary for the 
                        combined domestic and foreign fleets 
                        manufactured by all manufacturers in that model 
                        year.
            ``(5) Deadline for regulations.--The Secretary shall 
        promulgate the regulations required by paragraphs (1) and (2) 
        in final form no later than 18 months after the date of 
        enactment of the Ten-in-Ten Fuel Economy Act.''.

SEC. 4. PASSENGER CAR PROGRAM REFORM.

    Section 32902 of title 49, United States Code, is amended--
            (1) by striking ``gallon.'' in subsection (b)(1), as 
        amended by section 3, and inserting ``gallon or such other 
        number (or numbers) of miles per gallon as the Secretary may 
        prescribe under subsection (c).'';
            (2) by striking ``the standard'' in the first sentence of 
        subsection (c)(1) and inserting ``a standard'';
            (3) by striking ``the standard.'' in the second sentence of 
        subsection (c)(1) and inserting ``any standard prescribed under 
        subsection (b).'';
            (4) by inserting ``The Secretary may prescribe separate 
        standards for different classes of passenger automobiles.'' 
        after ``presentation.'' in subsection (c)(1);
            (5) by striking ``(1) Subject to paragraph (2) of this 
        subsection, the'' in subsection (c)(1) and inserting ``At least 
        18 months before the beginning of each model year, the''; and
            (6) by striking paragraph (2) of subsection (c).

SEC. 5. DEFINITION OF WORK TRUCK.

    (a) Definition of Work Truck.--Section 32901(a) of title 49 is 
amended by inserting after paragraph 11 the following:
            ``(11A) `work truck' means an automobile that the Secretary 
        determines by regulation--
                    ``(A) is rated at between 8,500 and 10,000 pounds 
                gross vehicle weight; and
                    ``(B) is not a medium duty passenger vehicle as 
                defined in 40 CFR 86.1803-01.''.
    (b) Deadline for Regulations.--The Secretary of Transportation--
            (1) shall issue proposed regulations implementing the 
        amendment made by subsection (a) not later than 1 year after 
        the date of enactment of this Act; and
            (2) shall issue final regulations implementing the 
        amendment not later than 18 months after the date of enactment 
        of this Act.
    (c) Fuel Economy Standards for Work Trucks.--The Secretary of 
Transportation, in consultation with the Administrator of the 
Environmental Protection Agency, shall prescribe standards to achieve 
the maximum feasible fuel economy for work trucks (as defined in 
section 32901(a)(11A) of title 49, United States Code) manufactured by 
a manufacturer in each model year beginning in model year 2011.

SEC. 6. DEFINITION OF LIGHT TRUCK.

    (a) Definition of Light Truck.--
            (1) In general.--Section 32901(a) of title 49, United 
        States Code, is amended by inserting after paragraph (11) the 
        following:
            ``(11B) `light truck' means an automobile that the 
        Secretary determines 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) is not a work truck.''.
            (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 2009.
    (b) 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 2009.
    (c) 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 2007 through 2019.

SEC. 7. ENSURING SAFETY OF PASSENGER AUTOMOBILES AND LIGHT TRUCKS.

    (a) In General.--The Secretary of Transportation shall exercise 
such authority under Federal law as the Secretary may have to ensure 
that--
            (1) passenger automobiles and light trucks (as those terms 
        are defined in section 32901 of title 49, United States Code) 
        are safe;
            (2) progress is made in improving the overall safety of 
        passenger automobiles and light trucks; and
            (3) progress is made in maximizing United States 
        employment.
    (b) Vehicle Safety.--Subchapter II of chapter 301 of title 49, 
United States Code, is amended by adding at the end the following:
``Sec. 30129. Vehicle compatibility and aggressivity reduction standard
    ``(a) Standards.--The Secretary of Transportation shall issue a 
motor vehicle safety standard to reduce vehicle incompatibility and 
aggressivity between passenger vehicles and non-passenger vehicles. The 
standard shall address characteristics necessary to ensure better 
management of crash forces in multiple vehicle frontal and side impact 
crashes between different types, sizes, and weights of vehicles with a 
gross vehicle weight of 10,000 pounds or less in order to decrease 
occupant deaths and injuries.
    ``(b) Consumer Information.--The Secretary shall develop and 
implement a public information side and frontal compatibility crash 
test program with vehicle ratings based on risks to occupants, risks to 
other motorists, and combined risks by vehicle make and model.''.
    (c) Rulemaking Deadlines.--
            (1) Rulemaking.--The Secretary of Transportation shall 
        issue--
                    (A) a notice of a proposed rulemaking under section 
                30129 of title 49, United States Code, not later than 
                January 1, 2008; and
                    (B) a final rule under that section not later than 
                December 31, 2009.
            (2) Effective date of requirements.--Any requirement 
        imposed under the final rule issued under paragraph (1) shall 
        become fully effective no later than September 1, 2012.
    (d) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30128 the 
following:

``30129. Vehicle compatibility and aggressivity reduction standard.''.

SEC. 8. TRUTH IN FUEL ECONOMY TESTING.

    (a) In General.--The Administrator of the Environmental Protection 
Agency, in consultation with the Secretary of Transportation, shall, as 
appropriate, use existing emission test cycles and updated adjustment 
factors to update and revise the process used to determine fuel economy 
values for labeling purposes as described in sections 600.209-85 and 
600.209-95 of title 40, Code of Federal Regulations, (or successor 
regulations) to take into consideration current factors, such as--
            (1) speed limits;
            (2) acceleration rates;
            (3) braking;
            (4) variations in weather and temperature;
            (5) vehicle load;
            (6) use of air conditioning;
            (7) driving patterns; and
            (8) the use of other fuel-consuming features.
    (b) Labels for Fuel Economy Mode Devices.--The Administrator of the 
Environmental Protection Agency shall include fuel economy label 
information for all fuel economy modes provided by devices described in 
section 9(a)(3) of this Act.
    (c) Deadline.--In carrying out subsection (a), the Administrator 
shall--
            (1) issue a notice of proposed rulemaking, or amend the 
        notice of proposed rulemaking for Docket Id. No. OAR-2003-0214, 
        not later than 90 days after the date of enactment of this Act; 
        and
            (2) promulgate a final rule not later than 180 days after 
        the date on which the notice under paragraph (1) is issued.
    (d) Use of Common Measurements for Labelling and Compliance 
Testing.--Section 32904(c) of title 49, United States Code, is amended 
to read as follows:
    ``(c) Testing and Calculation Procedures.--The Administrator shall 
measure fuel economy for each model and calculate average fuel economy 
for a manufacturer using the same procedures and factors used by the 
Administrator for labeling purposes under section 32908 by model year 
2015.''.
    (e) Reevaluation and Report.--Not later than 3 years after the date 
of promulgation of the final rule under subsection (b)(2), and 
triennially thereafter, the Administrator shall--
            (1) reevaluate the fuel economy labeling procedures 
        described in subsections (a) and (c) to determine whether 
        changes in the factors used to establish the labeling 
        procedures warrant a revision of that process; and
            (2) submit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Energy and Commerce that describes the results of 
        the reevaluation process.

SEC. 9. ONBOARD FUEL ECONOMY INDICATORS AND DEVICES.

    (a) In General.--Chapter 329 of title 49, United States Code, as 
amended by section 8, is further amended by adding at the end the 
following:
``Sec. 32921. Fuel economy indicators and devices
    ``(a) In General.--The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection Agency, shall 
prescribe a fuel economy standard for passenger automobiles and light 
trucks manufactured by a manufacturer in each model year beginning with 
model year 2013 that requires each such automobile and light truck to 
be equipped with--
            ``(1) an onboard electronic instrument that provides real-
        time and cumulative fuel economy data;
            ``(2) an onboard electronic instrument that signals a 
        driver when inadequate tire pressure may be affecting fuel 
        economy; and
            ``(3) a device that will allow drivers to place the 
        automobile or light truck in a mode that will automatically 
        produce greater fuel economy.
    ``(b) Exception.--Subsection (a) does not apply to any vehicle that 
is not subject to an average fuel economy standard under section 
32902(b).
    ``(c) Enforcement.--Subchapter IV of chapter 301 of this title 
shall apply to a fuel economy standard prescribed under subsection (a) 
to the same extent and in the same manner as if that standard were a 
motor vehicle safety standard under chapter 301.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 329 of 
title 49, United States Code, as amended by section 8, is further 
amended by inserting after the item relating to section 32920 the 
following:

``32921. Fuel economy indicators and devices.''.

SEC. 10. SECRETARY OF TRANSPORTATION TO CERTIFY BENEFITS.

    Beginning with model year 2009, the Secretary of Transportation, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall determine and certify annually to the Congress--
            (1) the annual reduction in United States consumption of 
        gasoline or petroleum distillates used for vehicle fuel, and
            (2) the annual reduction in greenhouse gas emissions,
properly attributable to the implementation of the average fuel economy 
standards imposed under section 32902 of title 49, United States Code, 
as a result of the amendments made by this Act.

SEC. 11. CREDIT TRADING PROGRAM.

    Section 32903 of title 49, United States Code, is amended--
            (1) by striking ``passenger'' each place it appears;
            (2) by striking ``section 32902(b)-(d) of this title'' each 
        place it appears and inserting ``subsection (a), (c), or (d) of 
        section 32902'';
            (3) by striking ``clause (1) of this subsection'' in 
        subsection (a)(2) and inserting ``paragraph (1)''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Credit Trading Among Manufacturers.--The Secretary of 
Transportation may establish, by regulation, a corporate average fuel 
economy credit trading program to allow manufacturers whose automobiles 
exceed the average fuel economy standards prescribed under section 
32902 to earn credits to be sold to manufacturers whose automobiles 
fail to achieve the prescribed standards.''.

SEC. 12. REPORT TO CONGRESS.

    Not later than December 31, 2012, the Secretary of Transportation 
shall submit to Congress a report on the progress made by the 
automobile manufacturing industry towards meeting the 35 miles per 
gallon average fuel economy standard required under section 32902(b)(4) 
of title 49, United States Code.

SEC. 13. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS EMISSIONS.

    Section 32908 of title 49, United States Code, is amended--
            (1) by striking ``title.'' in subsection (a)(1) and 
        inserting ``title, and a light truck (as defined in section 
        32901(a)(11A)) manufactured by a manufacturer in a model year 
        after model year 2009; and'';
            (2) by redesignating subparagraph (F) of subsection (b)(1) 
        as subparagraph (H), and inserting after subparagraph (E) the 
        following:
                    ``(F) a label (or a logo imprinted on a label 
                required by this paragraph) that--
                            ``(i) reflects an automobile's performance 
                        on the basis of criteria developed by the 
                        Administrator to reflect the fuel economy and 
                        greenhouse gas and other emissions consequences 
                        of operating the automobile over its likely 
                        useful life;
                            ``(ii) permits consumers to compare 
                        performance results under clause (i) among all 
                        passenger automobiles and light duty trucks (as 
                        defined in section 32901); and
                            ``(ii) is designed to encourage the 
                        manufacture and sale of passenger automobiles 
                        and light trucks that meet or exceed applicable 
                        fuel economy standards under section 32902.
                    ``(G) a fuelstar under paragraph (5).''; and
            (3) by adding at the end of subsection (b) the following:
            ``(4) Green label program.--
                    ``(A) Marketing Analysis.--Within 2 years after the 
                date of enactment of the Ten-in-Ten Fuel Economy Act, 
                the Administrator shall complete a study of social 
                marketing strategies with the goal of maximizing 
                consumer understanding of point-of-sale labels or logos 
                described in paragraph (1)(F).
                    ``(B) Eligibility.--Within 3 years after that date, 
                the Administrator shall issue requirements for the 
                label or logo required by paragraph (1)(F) to ensure 
                that a passenger automobile or light truck is not 
                eligible for the label or logo unless it--
                            ``(i) meets or exceeds the applicable fuel 
                        economy standard; or
                            ``(ii) will have the lowest greenhouse gas 
                        emissions over the useful life of the vehicle 
                        of all vehicles in the vehicle class to which 
                        it belongs in that model year.
                    ``(C) Criteria.--In developing criteria for the 
                label or logo, the Administrator shall also consider, 
                among others as appropriate, the following factors:
                            ``(i) The recyclability of the automobile.
                            ``(ii) Any other pollutants or harmful 
                        byproducts related to the automobile, which may 
                        include those generated during manufacture of 
                        the automobile, those issued during use of the 
                        automobile, or those generated after the 
                        automobile ceases to be operated.
            ``(5) Fuelstar program.--
                    ``(A) In general.--The Secretary shall establish a 
                program, to be known as the `fuelstar' program, under 
                which stars shall be imprinted on or attached to the 
                label required by paragraph (1).
                    ``(B) Green stars.--Under the program a 
                manufacturer may place green stars on the label 
                maintained on an automobile under paragraph (1) as 
                follows:
                            ``(i) 1 green star for any automobile that 
                        meets the average fuel economy standard for the 
                        model year under section 32902.
                            ``(ii) 1 additional green star for each 2 
                        miles per gallon by which the automobile 
                        exceeds that standard.
                    ``(C) Gold stars.--Under the program a manufacturer 
                may place a gold star on the label maintained on an 
                automobile under paragraph (1) if--
                            ``(i) in the case of a passenger 
                        automobile, it obtains a fuel economy of 50 
                        miles per gallon or more; and
                            ``(ii) in the case of a light truck, it 
                        obtains a fuel economy of 37 miles per gallon 
                        or more.''.
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