S.Amdt. 5024Senate110th Congress (2007-2009)2nd degree

S.Amdt. 5024

Submitted June 23, 2008

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Senate amendment submitted

June 23, 2008

Text

Submitted

SA 5024. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mr. Shelby)) to the bill H.R. 3221, moving the United States toward
greater energy independence and security, developing innovative new
technologies, reducing carbon emissions, creating green jobs,
protecting consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the Internal
Revenue Code of 1986 to provide tax incentives for the production of
renewable energy and energy conservation; which was ordered to lie on
the table; as follows:

At the end of the amendment, add the following:

DIVISION __--COMMERCIAL TRUCK FUEL SAVINGS

SEC. __01. SHORT TITLE.

This division may be cited as the ``Commercial Truck Fuel
Savings Demonstration Act of 2008''.

SEC. __02. FINDINGS.

Congress finds that--
(1) diesel fuel prices have increased more than 50 percent
during the 1-year period between May 2007 and May 2008;
(2) laws governing Federal highway funding effectively
impose a limit of 80,000 pounds on the weight of vehicles
permitted to use highways on the Interstate System;
(3) the administration of that provision in many States has
forced heavy tractor-trailer and tractor-semitrailer
combination vehicles traveling in those States to divert onto
small State and local roads on which higher vehicle weight
limits apply under State law;
(4) the diversion of those vehicles onto those roads
increases fuel costs because of increased idling time and
total travel time along those roads; and
(5) permitting heavy commercial vehicles, including tanker
trucks carrying hazardous material and fuel oil, to travel on
Interstate System highways when fuel prices are high would
provide significant savings in the transportation of goods
throughout the United States.

SEC. __03. DEFINITIONS.

In this division:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Transportation of a State.
(2) Covered interstate system highway.--
(A) In general.--The term ``covered Interstate System
highway'' means a highway designated as a route on the
Interstate System.
(B) Exclusion.--The term ``covered Interstate System
highway'' does not include any portion of a highway that, as
of the date of the enactment of this Act, is exempt from the
requirements of subsection (a) of section 127 of title 23,
United States Code, pursuant to a waiver under that
subsection.
(3) Interstate system.--The term ``Interstate System'' has
the meaning given the term in section 101(a) of title 23,
United States Code.

SEC. __04. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO
WEIGHT OF VEHICLES USING INTERSTATE SYSTEM
HIGHWAYS.

(a) Prohibition Relating to Certain Vehicles.--
Notwithstanding section 127(a) of title 23, United States
Code, the total amount of funds apportioned to a State under
section 104(b)(1) of that title for any period may not be
reduced under section 127(a) of that title if a State permits
a vehicle described in subsection (b) to use a covered
Interstate System highway in the State in accordance with the
conditions described in subsection (c).
(b) Combination Vehicles in Excess of 80,000 Pounds.--A
vehicle described in this subsection is a vehicle having a
weight in excess of 80,000 pounds that--
(1) consists of a 3-axle tractor unit hauling a single
trailer or semitrailer; and
(2) does not exceed any vehicle weight limitation that is
applicable under the laws of a State to the operation of the
vehicle on highways in the State that are not part of the
Interstate System, as those laws are in effect on the date of
enactment of this Act.
(c) Conditions.--This section shall apply at any time at
which the weighted average price of retail number 2 diesel in
the United States is $3.50 or more per gallon.
(d) Effective Date and Termination.--This section shall not
remain in effect--
(1) after the date that is 2 years after the date of
enactment of this Act; or
(2) before the end of that 2-year period, after any date on
which the Secretary of Transportation--
(A) determines that--
(i) operation of vehicles described in subsection (b) on
covered Interstate System highways has adversely affected
safety on the overall highway network; or
(ii) a Commissioner has failed faithfully to use the
highway safety committee as described in section __06(2)(A)
or to collect the data described in section __06(3); and
(B) publishes the determination, together with the date of
termination of this section, in the Federal Register.
(e) Consultation Regarding Termination for Safety.--In
making a determination under subsection (d)(2)(A)(i), the
Secretary of Transportation shall consult with the highway
safety committee established by a Commissioner in accordance
with section __06.

SEC. __05. GAO TRUCK SAFETY DEMONSTRATION REPORT.

The Comptroller General of the United States shall carry
out a study of the effects of participation in the program
under section __04 on the safety of the overall highway
network in States participating in that program.

SEC. __06. RESPONSIBILITIES OF STATES.

For the purpose of section __04, a State shall be
considered to meet the conditions under this section if the
Commissioner of the State--
(1) submits to the Secretary of Transportation a plan for
use in meeting the conditions described in paragraphs (2) and
(3);
(2) establishes and chairs a highway safety committee
that--
(A) the Commissioner uses to review the data collected
pursuant to paragraph (3); and
(B) consists of representatives of--
(i) agencies of the State that have responsibilities
relating to highway safety;
(ii) municipalities of the State;
(iii) organizations that have evaluation or promotion of
highway safety among the principal purposes of the
organizations; and
(iv) the commercial trucking industry; and

[[Page S5966]]

(3) collects data on the net effects that the operation of
vehicles described in section __04(b) on covered Interstate
System highways have on the safety of the overall highway
network, including the net effects on single-vehicle and
multiple-vehicle collision rates for those vehicles.
______