[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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