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.
Short title
This Act may be cited as the
Consumer Fuels and Vehicle Choice Act
of 2009
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Ensuring the availability of dual fueled automobiles and light duty trucks
In general
Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following:
Requirement to manufacture dual fueled automobiles and light duty trucks
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 Year | Percentage |
| Model years 2011 and 2012 | 50 percent |
| Model year 2013 and each subsequent model year | 90 percent. |
Exception
Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.
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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:
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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.
Blender pump promotion
Blender Pump grant program
Definitions
In this subsection:
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.
E–85 fuel
The term E–85 fuel means a blend of gasoline approximately 85 percent of the content of which is ethanol.
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.
Secretary
The term Secretary means the Secretary of Energy.
Grants
The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of—
installing blender pump fuel infrastructure, including infrastructure necessary—
for the direct retail sale of ethanol fuel blends (including E–85 fuel), including blender pumps and storage tanks; and
to directly market ethanol fuel blends (including E–85 fuel) to gas retailers, including inline blending equipment, pumps, storage tanks, and loadout equipment; and
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.
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.
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended—
$50,000,000 for fiscal year 2010;
$100,000,000 for fiscal year 2011;
$200,000,000 for fiscal year 2012;
$300,000,000 for fiscal year 2013; and
$350,000,000 for fiscal year 2014.
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:
Installation of blender pumps by major fuel distributors at owned stations and branded stations
Definitions
In this paragraph:
E–85 fuel
The term E–85 fuel means a blend of gasoline approximately 85 percent of the content of which is ethanol.
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.
Major fuel distributor
In general
The term major fuel distributor means any person that owns a refinery and directly markets the output of a refinery.
Exclusion
The term major fuel distributor does not include any person that owns less than 50 retail fueling stations.
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.
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).
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: |
| 2011 | 10 |
| 2013 | 20 |
| 2015 | 35 |
| 2017 and each calendar year thereafter | 50. |
Geographic distribution
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.
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.
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.
Production credits for exceeding blender pumps installation requirement
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.
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).
Exception
A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).
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