II 109th CONGRESS 1st Session S. 1648 IN THE SENATE OF THE UNITED STATES September 9, 2005 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to improve the system for enhancing automobile fuel efficiency, and for other purposes.

1.

Short title

This Act may be cited as the Automobile Fuel Efficiency Improvements Act of 2005.

2.

Phased increases in fuel economy standards

(a)

Passenger automobiles

(1)

Minimum standards

Section 32902(b) of title 49, United States Code, is amended to read as follows: (b)

Passenger automobiles

Except as otherwise provided under this section, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year— (1)after model year 1984 and before model year 2008 shall be 25 miles per gallon; (2)after model year 2007 and before model year 2011 shall be 28 miles per gallon; (3)after model year 2010 and before model year 2014 shall be 32 miles per gallon; (4)after model year 2013 and before model year 2017 shall be 36 miles per gallon; and (5)after model year 2016 shall be 40 miles per gallon. . (2)

Higher standards set by regulation

Section 32902(c) of title 49, United States Code, is amended— (A)by striking paragraph (2); and (B)in paragraph (1)— (i)by striking Subject to paragraph (2) of this subsection, the and inserting The; (ii)by striking amending the standard and inserting increasing the standard otherwise applicable; and (iii)by striking Section 553 and inserting the following: (2)Section 553 . (b)

Non-Passenger automobiles

Section 32902(a) of title 49, United States Code, is amended— (1)by striking At least 18 months before each model year, and inserting the following: (1)The average fuel economy standard applicable for automobiles (except passenger automobiles) manufactured by a manufacturer in a model year— (A)after model year 1984 and before model year 2008 shall be 17 miles per gallon; (B)after model year 2007 and before model year 2011 shall be 19 miles per gallon; (C)after model year 2010 and before model year 2014 shall be 21.5 miles per gallon; (D)after model year 2013 and before model year 2017 shall be 24.5 miles per gallon; and (E)after model year 2016 shall be 27.5 miles per gallon, except as provided under paragraph (2). (2)At least 18 months before the beginning of each model year after model year 2017, ; and (2)by adding at the end the following: (3)If the Secretary does not increase the average fuel economy standard applicable under paragraph (1)(E) or (2), or applicable to any class under paragraph (2), within 24 months after the latest increase in the standard applicable under paragraph (1)(E) or (2), the Secretary, not later than 90 days after the expiration of the 24-month period, shall submit to Congress a report containing an explanation of the reasons for not increasing the standard. .

3.

Increased inclusiveness of definitions of automobile and passenger automobile

(a)

Automobile

(1)

In general

Section 32901(a)(3) of title 49, United States Code, is amended— (A)by striking 6,000 pounds each place it appears and inserting 12,000 pounds; and (B)in subparagraph (B)— (i)by striking 10,000 pounds and inserting 14,000 pounds; and (ii)in clause (ii), by striking an average fuel economy standard and all that follows through conservation or. (2)

Special rule

Section 32908(a)(1) of such title is amended by striking 8,500 pounds and inserting 14,000 pounds. (b)

Passenger automobile

Section 32901(a)(16) of title 49, United States Code, is amended to read as follows: (16)passenger automobile— (A)means, except as provided in subparagraph (B), an automobile having a gross vehicle weight of 12,000 pounds or less that is designed to be used principally for the transportation of persons; but (B)does not include— (i)a vehicle that has a primary load carrying device or container attached; (ii)a vehicle that has a seating capacity of more than 12 persons; (iii)a vehicle that has a seating capacity of more than 9 persons behind the driver’s seat; or (iv)a vehicle that is equipped with a cargo area of at least 6 feet in interior length that does not extend beyond the frame of the vehicle and is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment. . (c)

Applicability

The amendments made by this section shall apply with respect to automobiles manufactured for model years beginning after the date of enactment of this Act.

4.

Civil penalties

(a)

Increased penalty for violations of fuel economy standards

Section 32912(b) of title 49, United States Code, is amended— (1)by inserting (1) before Except as provided; (2)by striking $5 and inserting the dollar amount applicable under paragraph (2); (3)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (4)by adding at the end the following: (2)(A)The dollar amount referred to in paragraph (1) is $10, as increased from time to time under subparagraph (B). (B)Effective on October 1 of each year, the dollar amount applicable under subparagraph (A) shall be increased by the percentage (rounded to the nearest one-tenth of one percent) by which the price index for July of such year exceeds the price index for July of the preceding year. The amount calculated under the preceding sentence shall be rounded to the nearest $0.10. (C)In this paragraph, the term price index means the Consumer Price Index for all-urban consumers published monthly by the Department of Labor. . (b)

Conforming amendment

Section 32912(c)(1) of title 49, United States Code, is amended— (1)by striking subparagraph (B); and (2)by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (c)

Applicability

The amendments made by subsection (a) shall apply with respect to automobiles manufactured for model years beginning after the date of enactment of this Act.

5.

Accurate fuel economy testing

(a)

Biennial report on testing quality

(1)

Requirement for report

(A)

In general

Chapter 329 of title 49, United States Code, is amended by adding at the end the following:

32920.

Biennial report on testing quality

(a)

Requirement for report

Not later than October 1 of each odd-numbered year, the Secretary of Transportation shall submit to Congress a report on the quality of the testing for determining automobile fuel economy under this chapter for all currently available technologies for automobiles. (b)

Content of report

The report shall include the following information: (1)An assessment of the accuracy of the fuel economy determined for automobiles in relation to actual highway and road vehicle fuel economy. (2)A discussion of changes in testing methodology that are planned to be made, together with an assessment of the effects that such changes are expected to have on the accuracy of the measures of automobile fuel economy resulting from the use of the testing methodology as changed. (c)

Consultation requirement

The Secretary of Transportation and the Administrator of the Environmental Protection Agency shall consult on the preparation of the biennial report under this section.

. (B)

Clerical amendment

The table of sections at the beginning of chapter 329 of title 49, United States Code, is amended by adding at the end the following new item: 32920. Biennial report on testing quality. . (2)

First report

The first report under section 32920 of title 49, United States Code, as added by paragraph (1), shall be submitted to Congress in 2007. (b)

Improvement of process for measuring fuel economy

(1)

Study

(A)

Requirement for study

The Secretary of Transportation shall provide for the John A. Volpe National Transportation Systems Center to carry out a study— (i)to determine what practicable automobile fuel economy testing process provides the most accurate measures of actual automobile fuel economy in highway use, in urban use, and in combined highway and in urban use; and (ii)to compare the average automobile fuel economy ratings calculated under the testing process determined under clause (i) for each category of automobile use described in that clause with the corresponding automobile fuel economy ratings calculated under the testing process in use under chapter 329 of title 49, United States Code, on the date of enactment of this Act. (B)

Report

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under subparagraph (A), which shall include— (i)the determination and comparisons made under subparagraph (A); and (ii)an estimate of the average adjustment to automobile fuel economy ratings calculated under the testing process used for the purposes of chapter 329 of title 49, United States Code, as of the date of enactment of this Act that is needed to conform those ratings closely to the automobile fuel economy ratings calculated under the testing process determined most accurate under subparagraph (A)(i). (2)

Testing procedure revision

(A)

Requirement for revised procedure

Not later than 180 days after the date on which the report required under paragraph (1)(B) is submitted to Congress, the Secretary of Transportation shall prescribe, by regulation— (i)a revised testing procedure for accurately measuring the actual automobile fuel economy of each model of automobile; and (ii)a requirement that the revised testing procedure be applied for the purposes of chapter 329 of title 49, United States Code, to determine the average fuel economy of the automobiles manufactured in model years after model year 2008. (B)

Model for revised procedure

The testing procedure prescribed under subparagraph (A) shall be based on the testing process identified in the report required under paragraph (1)(B) as providing the most accurate measures of actual automobile fuel economy. (3)

Comparable adjustment in average fuel economy standards

(A)

Requirement for adjustment

For automobiles manufactured in model years after model year 2008, the Secretary of Transportation shall amend each average fuel economy standard prescribed under section 32902 of title 49, United States Code, to take into account improved accuracy in the calculation of automobile fuel economy that results from use of the revised testing procedure applied as required under paragraph (2). (B)

Condition

The Secretary shall ensure that each average fuel economy standard applied as amended under subparagraph (A) is at least as stringent as the corresponding average fuel economy standard that the Secretary would have applied under section 32902 of title 49, United States Code, if the fuel economy testing procedure had not been revised as required under paragraph (2).

6.

Standards for executive agency automobiles

Section 32917 of title 49, United States Code, is amended— (1)in subsection (b)— (A)by amending paragraph (1) to read as follows: (1)The President shall prescribe regulations that require automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve— (A)in the case of non-passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under section 32902(a) of this title for the model year that includes January 1 of that fiscal year; and (B)in the case of passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under subsection (b) or (c) of section 32902 of this title for such model year. ; (B)in paragraph (2)— (i)by striking Fleet average fuel economy is— and inserting For the purposes of paragraph (1), the fleet average fuel economy of non-passenger or passenger automobiles in a fiscal year is—; (ii)in subparagraph (A), by striking passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a and inserting the non-passenger automobiles or passenger automobiles, respectively, that are leased for at least 60 consecutive days or bought by executive agencies in such; and (iii)in subparagraph (B), by inserting such after the number of; and (2)by adding at the end the following: (c)

Minimum number of exceptionally Fuel-Efficient vehicles

The President shall prescribe regulations that require that— (1)at least 20 percent of the passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year have a vehicle fuel economy rating that is at least 5 miles per gallon higher than the average fuel economy standard applicable to the automobile under subsection (b) or (c) of section 32902 of this title for the model year that includes January 1 of that fiscal year; and (2)beginning in fiscal year 2011, at least 10,000 vehicles in the fleet of automobiles used by executive agencies in a fiscal year have a vehicle fuel economy that is at least 5 miles per gallon higher than the average fuel economy standards applicable to such automobiles under section 32902 of this title for the model year that includes January 1 of that fiscal year. .