S. 1627Senate111th Congress (2009-2011)In Committee

Consumer Fuels and Vehicle Choice Act of 2009

Sponsored by Tom HarkinSen. Tom Harkin (D-IA)
Introduced August 6, 2009

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9024-9025)

August 6, 2009

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SenateIntro Referral

Introduced in Senate

August 6, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9023-9024)

August 6, 2009

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9024-9025)

August 6, 2009

Floor Debate

19 members

What members said about S. 1627 on the floor

2 Republicans16 Democrats1 Independent
Maria Cantwell
Sen. Maria CantwellD-WA · Aug 6, 2009

Mr. President, I am pleased to join with my colleague, Senator Grassley, and introduce an important piece of legislation that will modernize the tax incentive for domestic biodiesel production. The…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Aug 6, 2009

Mr. President, I cannot tell you how much I appreciated your remarks--I was sitting in the chair--and those of Chairman Dodd as well. The hour is late. The idea that you would be here at that hour to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Aug 6, 2009

Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Aug 6, 2009

Mr. President, I rise to introduce the Livable Communities Act. Our communities are growing and changing. And the way we plan for their futures needs to evolve, as well. At stake is whether or not we…

Mark Udall
Sen. Mark UdallD-CO · Aug 6, 2009

Mr. President, today I am introducing along with my friend and colleague, Senator Bennet, the Ruedi Reservoir Water Allocation for Recovery of Endangered Fish Act. This bill will help address…

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Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Aug 6, 2009

I rise to speak in support of the Foreign Manufacturers Legal Accountability Act of 2009, which I am introducing today with the ranking member of the Judiciary Committee, Senator Sessions, and…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Aug 6, 2009

Mr. President, I rise today with the newest esteemed Member of this Chamber, Senator Al Franken, to introduce the Affordable Access to Prescription Medications Act of 2009. I think this is the first…

Tom Harkin
Sen. Tom HarkinD-IA · Jun 23, 2010

Mr. President, I come to the floor today to speak about the Federal Government's unnecessary and unacceptable delay in deciding to approve the use and sale of E15 gasoline at all the gasoline…

Ron Wyden
Sen. Ron WydenD-OR · Aug 6, 2009

Mr. President, businesses like airlines, trucking companies, and heating oil distributors buy and sell oil and futures contracts because they need to do so to run their day-to-day business and hedge…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Aug 6, 2009

Mr. President, I rise today to reintroduce legislation that will increase the trustworthiness of our Nation's mortgage security market by creating the Federal Board of Certification for mortgage…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Aug 6, 2009

Mr. President, today I introduced a bill entitled 7th Generation Promise: Indian Youth Suicide Prevention Act, to address the crisis of youth suicide in Indian Country. I introduce this legislation…

Patty Murray
Sen. Patty MurrayD-WA · Aug 6, 2009

Mr. President, for a child in a developing country, very simple tools, like safe injection technologies for vaccination, can mean the difference between life and death. But the fact is that many…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Aug 6, 2009

Mr. President, today I am reintroducing legislation that seeks to answer a question more and more Americans are asking in light of our economic woes and our struggle toward energy independence: Why…

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Bernard Sanders
Sen. Bernard SandersI-VT · Aug 6, 2009

Mr. President, today I am pleased to introduce the Thermal Energy Efficiency Act, which I believe can play an important role in moving our Nation toward green job creation and greenhouse gas…

Barbara Boxer
Sen. Barbara BoxerD-CA · Aug 6, 2009

Mr. President, I rise to discuss the Gold Hill-Wakamatsu Preservation Act. This legislation would authorize the Bureau of Land Management to acquire and manage the Gold Hill Ranch near Coloma,…

Tom Harkin
Sen. Tom HarkinD-IA · Aug 6, 2009

Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth…

Tom Harkin
Sen. Tom HarkinD-IA · Aug 6, 2009

Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Aug 6, 2009

Mr. President, today, I am pleased to introduce the Reserve Officers Association Modernization Act of 2009. I want to thank Senators Chambliss and Pryor for joining me to introduce this legislation.…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Aug 6, 2009

Mr. President, this morning, 660,000 police officers and 300,000 firefighters across the country will get up and go to work to protect our homes, our families, and our communities. They will go into…

Jeff Sessions
Sen. Jeff SessionsR-AL · Aug 6, 2009

Mr. President, Senator Whitehouse's legislation would help American consumers bring civil claims against foreign manufacturers who produce faulty goods and send them into the U.S. market. Currently,…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Aug 6, 2009

Mr. President, in recent years, consumer credit has gone from providing convenience and short-term financing to a game of tricks and traps that strips families of hard earned resources and locks the…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 23, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

Latest available legislative text

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Introduced in SenateIssued August 6, 2009

II

111th CONGRESS

1st Session

S. 1627

IN THE SENATE OF THE UNITED STATES

August 6, 2009

Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To improve choices for consumers for vehicles and fuel, and for other purposes.

1.

Short title

This Act may be cited as the Consumer Fuels and Vehicle Choice Act of 2009.

2.

Ensuring the availability of dual fueled automobiles and light duty trucks

(a)

In general

Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following:

32902A.

Requirement to manufacture dual fueled automobiles and light duty trucks

(a)

In general

For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table:

Model YearPercentage
Model years 2011 and 201250 percent
Model year 2013 and each subsequent model year90 percent.
(b)

Exception

Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.

.

(b)

Clerical amendment

The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following:

.

(c)

Rulemaking

Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act.

3.

Blender pump promotion

(a)

Blender Pump grant program

(1)

Definitions

In this subsection:

(A)

Blender pump

The term blender pump means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary.

(B)

E–85 fuel

The term E–85 fuel means a blend of gasoline approximately 85 percent of the content of which is ethanol.

(C)

Ethanol fuel blend

The term ethanol fuel blend means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol.

(D)

Secretary

The term Secretary means the Secretary of Energy.

(2)

Grants

The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of—

(A)

installing blender pump fuel infrastructure, including infrastructure necessary—

(i)

for the direct retail sale of ethanol fuel blends (including E–85 fuel), including blender pumps and storage tanks; and

(ii)

to directly market ethanol fuel blends (including E–85 fuel) to gas retailers, including inline blending equipment, pumps, storage tanks, and loadout equipment; and

(B)

providing subgrants to direct retailers of ethanol fuel blends (including E–85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E–85 fuel), including blender pumps and storage tanks.

(3)

Federal share

The Federal share of the cost of a project carried out under this subsection shall be 50 percent of the total cost of the project.

(4)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended—

(A)

$50,000,000 for fiscal year 2010;

(B)

$100,000,000 for fiscal year 2011;

(C)

$200,000,000 for fiscal year 2012;

(D)

$300,000,000 for fiscal year 2013; and

(E)

$350,000,000 for fiscal year 2014.

(b)

Installation of blender pumps by major fuel distributors at owned stations and branded stations

Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:

(13)

Installation of blender pumps by major fuel distributors at owned stations and branded stations

(A)

Definitions

In this paragraph:

(i)

E–85 fuel

The term E–85 fuel means a blend of gasoline approximately 85 percent of the content of which is ethanol.

(ii)

Ethanol fuel blend

The term ethanol fuel blend means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol.

(iii)

Major fuel distributor

(I)

In general

The term major fuel distributor means any person that owns a refinery and directly markets the output of a refinery.

(II)

Exclusion

The term major fuel distributor does not include any person that owns less than 50 retail fueling stations.

(iv)

Secretary

The term Secretary means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture.

(B)

Regulations

The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E–85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C).

(C)

Applicable percentage

For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table:

Applicable percentage of majority-owned stations and branded stations
Calendar year:Percent:
201110
201320
201535
2017 and each calendar year thereafter50.
(D)

Geographic distribution

(i)

In general

Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E–85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State.

(ii)

Requirement

In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates.

(E)

Financial responsibility

In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly.

(F)

Production credits for exceeding blender pumps installation requirement

(i)

Earning and period for applying credits

If the percentage of the majority-owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned.

(ii)

Trading credits

Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C).

(iii)

Exception

A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).

.