1.This Act may be cited as the
Consumer Assistance to Recycle and
Save Act of 2009
.
2.In this Act:
(1)Automobile;
manufacturer; model; model year; passenger automobileThe terms
automobile, manufacturer, model,
model year,passenger automobile,
and work
truck
have the meanings given such terms in section 32901(a) of title
49, United States Code.
(2)The term certificate of title means a valid
State-issued title or other document showing ownership by a person of an
automobile.
(3)The
term dealer means a person engaged in any State in the business of
selling or leasing in interstate commerce new automobiles (except a person
buying such automobile as a dealer) to an ultimate purchaser.
(4)The
term dismantler means a person residing in a State and is licensed
or otherwise authorized by a State or local government to operate a business
employing 3 or more persons to take automobiles apart for the purpose of
reclaiming usable parts and recyclable materials.
(5)The
term distributor means a person who acts for, and is under the
control of, a manufacturer in connection with the distribution of new
automobiles or new automobile engines, but shall not include any dealer with
respect to such automobiles or engines received by such person in
commerce.
(6)Eligible high
polluting automobileThe term eligible high polluting
automobile means an automobile that, at the time it is presented for
participation in the program established under section 3 of this Act,
it—
(A)is in drivable
condition; and
(B)has been
continuously registered and licensed to operate on public roads in any State
for a period of not fewer than 120 consecutive days immediately prior to such
presentation.
(7)High polluting
automobileThe term high polluting automobile means
an automobile that is either an inefficient or high polluting automobile and
that was issued a certificate of conformity with the regulations prescribed
under section 202 of the Clean Air Act (42 U.S.C. 7521) for any model year
before model year 2001, and is not a new fuel efficient automobile.
(8)Highway label
fuel economy valueThe term highway label fuel economy
value means the number, expressed in miles per gallon, centered directly
below the words Highway MPG
on the label required to be affixed
or caused to be affixed on a new automobile pursuant to subpart D of part 600
of title 40 Code of Federal Regulations.
(9)City label fuel
economy valueThe term
city label fuel economy value means the number, expressed in miles
per gallon, centered directly below the words City MPG
on the
label required to be affixed or caused to be affixed on a new automobile
pursuant to subpart D of part 600 of title 40 Code of Federal
Regulations.
(10)Battery
electric automobileThe term battery electric
automobile means an automobile that—
(A)draws motive power
from a battery with a capacity of at least 4-kilowatt hours; and
(B)is recharged from
an external source of electricity for motive power.
(11)New fuel
efficient automobileThe term new fuel efficient
automobile means a model year 2009, 2010, or 2011 passenger automobile,
nonpassenger automobile, or work truck for which—
(A)a manufacturer,
distributor, or dealer has never, except in accordance with the Program
established by this Act, transferred the equitable or legal title by contract,
lease or other means thereof to an ultimate purchaser;
(B)a dealer
participating in such Program may, during the period beginning after the date
in calendar year 2009 that the interim final regulations required by section
3(f) of this Act are promulgated by the Secretary and ending on December 31,
2010, accept a voucher under such Program as an offset of the purchase price of
such automobile paid by such purchaser; and
(C)at the time of
such purchase of such automobile by an ultimate purchaser—
(i)carries a manufacturer’s suggested retail
price of $35,000 or less; and
(ii)achieves the
emission standard listed as tier 2, bin 5 in table S04–1 under section
86.1811–04 of title 40, Code of Federal Regulation.
(12)The term nonpassenger automobile means an
automobile classified as a light truck under part 523 of title 49, Code of
Federal Regulations, and is not a work truck.
(13)The
term person has the meaning given such term in section 551 of
title 5, United States Code.
(14)Plug-in
electric drive automobileThe
term plug-in electric drive automobile has the same meaning given
the term new qualified plug-in electric drive motor vehicle in
section 30D(d)(1) through (4) of the Internal Revenue Code of 1986.
(15)The
term Program means the Consumer Assistance to Recycle and Save
(CARS) Program established by section 3 of this Act.
(16)The term registered work truck means a work
truck that—
(A)a dealer, at the
time of acquisition by an ultimate purchaser of a work truck for which a
voucher under section 3 of this Act is applied, registers such truck as a
commercial vehicle under the applicable State law for such purchaser as the
registered owner thereof; and
(B)achieves the emission standard listed as
tier 2, bin 5 in Table S04–1 under section 86.1811–04 of title 40, Code of
Federal Regulations.
(17)The term registered owner means, with respect
to an automobile or work truck, the person identified as the ultimate purchaser
of such automobile or work truck on the title or other form or certificate of
registration issued by a State.
(18)The term scrap recycler means a person
licensed or otherwise authorized by a State or local government to do
business—
(A)employing 3 or
more individuals at a fixed location in a State, where machinery and equipment
are utilized for processing and manufacturing scrap metal into prepared grades;
and
(B)whose principal
product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for
remelting purposes.
(19)The terms Administrator and
Secretary mean the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation, respectively.
(20)The
term State has the meaning given such term in section 32101 of
title 49, United States Code.
(21)The term ultimate purchaser means, with
respect to any new automobile, the first person who in good faith purchases
such automobile for purposes other than resale.
(22)The
term voucher means a voucher issued to the registered owner of an
eligible high polluting automobile under section 3(a) of (g).
3.Accelerated
recycling of inefficient vehicles program
(a)There
is established in the Department of Transportation a program to be known as the
Consumer Assistance to Recycle and Save (CARS) Program
, for
fiscal years 2009 through 2011, through which the Secretary, in accordance with
this Act and the regulations promulgated thereunder, shall—
(1)encourage and
allow any dealer, dismantler, and scrap recycler in any State to participate in
the Program;
(2)authorize the issuance by participating
dealers of a vouchers to any person who is a registered owner of a high
polluting automobile, and who transfers such automobile, together with the
applicable certificate of title for the automobile, to a dealer, or, in the
case of subsection (g) of this section, to a dismantler or scrape
recycler;
(3)require that all
dealers participating in the Program accept vouchers submitted to them as
provided in this Act as partial payment for the purchase of a new fuel
efficient automobile;
(4)require that each participating dealer
agree to accept any high polluting automobile from a registered owner thereof
and upon the transfer by such owner of a certificate of title to such
automobile shall issue a voucher for such automobile to the owner, which may be
immediately redeemed by such owner for the purchase of a new fuel efficient
automobile that, using for comparison purposes only the average full economy
standard applicable to the make and model of each such automobile (taking into
consideration relevant factors established and published by the Secretary, in
coordination with the Administration), is shown to be more fuel efficient than
such high polluting vehicle;
(5)require that
participating dealers, dismantlers, and scrap recyclers agree to comply with
the applicable provisions of subsection (e) of this section; and
(6)electronically
transfer funds to a participating dealer within 10 days after receipt from such
dealer of—
(A)a voucher issued
by the dealer and redeemed for the purchase of a new fuel efficient automobile;
and
(B)the applicable certifications required
under this Act.
(b)
(1)Voucher
redemption value if used toward purchase of new fuel efficient
automobileA voucher issued under the Program may be applied to
offset a portion of the purchase price of one new fuel efficient automobile
meeting the criteria set forth in this paragraph, which portion shall be the
amount of—
(A)$4,000 for
a—
(i)passenger
automobile assembled in the United States with a minimum highway label fuel
economy value of 27 miles per gallon;
(ii)passenger
automobile assembled in North America with a minimum highway label fuel economy
value of 30 miles per gallon; or
(iii)nonpassenger
automobile assembled in the United States with a minimum highway label fuel
economy value of 24 miles per gallon;
(B)$5,000 for
a—
(i)passenger
automobile assembled in the United States with a minimum highway label fuel
economy value of 30 miles per gallon; or
(ii)work truck
assembled in the United States registered by the dealer as a registered work
truck; or
(C)$3,000 for a
nonpassenger automobile assembled in North America with a minimum highway value
of 24 miles per gallon.
(2)No combination
of voucher redemption valuesThe voucher redemption values under
subsections (b)(1)(A), (b)(1)(B), and (b)(1)(C) of this section shall not be
combined. If a new fuel efficient automobile meets the criteria set forth in
more than one such subsection, the purchaser of the new fuel efficient
automobile may designate which subsection applies for purposes of determining
the voucher redemption value.
(c)Administrative
payments to participating dealers, dismantlers, and scrap recycling
facilitiesThe Secretary shall provide for a payment of $50, or
another greater amount determined reasonable by the Secretary, to participating
dealers, dismantlers, and scrap recyclers for each voucher issued under the
Program in consideration of their administrative and other similar costs
related to such issuance and for the issuance of the certification required by
subsection (e)(3) of this section.
(d)Lists of
eligible automobiles To be maintainedThe Secretary shall
prepare, maintain, publicize, and make available through the Internet, lists of
automobiles, classified by make and model, which are classified under this
section as—
(1)eligible high
polluting automobiles; or
(2)new fuel efficient
automobiles.
(e)
(1)
(A)Number of
vouchers per personA person may be issued not more than 1
voucher and the person must demonstrate, in a manner prescribed by rule by the
Secretary, that such person—
(i)is
the registered owner of an eligible high polluting automobile; and
(ii)attests that such
high polluting automobile has not been imported into the United States during
the previous 4-month period.
(B)A
dealer—
(i)shall credit the
amount of the voucher being applied toward the purchase of a new fuel efficient
automobile; and
(ii)may
not offset the amount of the voucher against any other rebate or discount
otherwise being offered by the dealer or manufacturer.
(C)Not more than 1 voucher may be issued to the joint
registered owners of an eligible high polluting automobile.
(D)No combination
of vouchersA person may only apply 1 voucher issued under the
Program toward the purchase of a new fuel efficient automobile.
(E)Combination with
other incentives permittedNotwithstanding any other provision of
law, the availability or use of a Federal or State tax incentive or a
State-issued voucher for the purchase of a new fuel efficient automobile shall
not limit the value or issuance of a voucher under the Program to any person
otherwise eligible to receive such a voucher.
(F)Each
voucher shall expire 90 days after the date on which the voucher is issued and
may not be renewed.
(G)Prompt
fulfillment of redemption requests requiredThe Secretary shall
provide for the payment of all vouchers submitted to the Secretary for
redemption in accordance with this section.
(H)The total number and value of vouchers issued under the
Program may not exceed the amounts appropriated for such purpose.
(2)Administration
of programThe Secretary shall establish by the date interim
final regulations are promulgated under subsection (f) of this section a
web-based system for the administration and electronic transfer of vouchers and
funds for the Program. The web-based system shall at a minimum—
(A)provide
information to the public regarding the purposes of the Program, and how to
obtain and redeem vouchers;
(B)provide information to consumers regarding
the availability of new fuel efficient automobiles for which vouchers may be
used and transit passes or fare credit;
(C)provide
information to participating dealers, dismantlers, and scrap recyclers
regarding how to verify that a registered owner requesting a voucher has an
eligible high polluting automobile;
(D)provide for the
electronic issuance of vouchers once eligibility has been verified; and
(E)provide electronic
fund transfer of funds to participating dealers, dismantlers, and scrap
recyclers in accordance with section. In addition to the web-based system, the
Secretary may use such other means as the Secretary deems necessary to educate
consumers regarding the voucher program and carry out other aspects of the
program.
(3)Disposition of
eligible high polluting automobiles
(A)Any dealer who
receives a certificate of title to any eligible high polluting automobile in
exchange for a voucher under the Program shall certify to the Secretary, in
such manner as the Secretary shall prescribe, by rule, that such title has been
retired or otherwise extinguished and not re-issued and that the dealer has
received from a dismantler or recycler a certification that such automobile,
engine and drive train (within such period as the Secretary prescribes by
rule)—
(i)will
be crushed or shredded within such period as the Secretary prescribes;
(ii)will be processed
prior to crushing or shredding to ensure the removal and appropriate
disposition of refrigerants, antifreeze, lead products, mercury switches, and
such other toxic or hazardous vehicle components as the Secretary may specify
by rule; and
(iii)has not been,
and will not be, registered, sold, leased, exchanged, distributed, or otherwise
operated at any time as an automobile in the United States or in any foreign
country.
(B)Nothing in subparagraph (A) may be construed to
preclude a dismantler or recycler from—
(i)removing any parts
of such crushed or shredded high polluting automobile, other than the engine
block and drive train, and selling them for use as replacement parts; or
(ii)retaining the
proceeds from such sale.
(C)The
Secretary shall coordinate with the Attorney General to ensure that the
National Motor Vehicle Title Information System is appropriately updated to
reflect the crushing or shredding of high polluting automobiles under this
section.
(f)Not
later than 60 days after the date of the enactment of this Act, the Secretary
shall promulgate interim final regulations to implement the Program,
including—
(1)the removal and
disposition of toxic or hazardous materials from eligible high polluting
vehicles presented for participation in the program; and
(2)the enforcement of
the penalties described in section 4 of this Act.
(g)The Secretary shall
promulgate regulations establishing criteria that allow operators of bus and
rail public transit systems participating in the program to redeem from the
Secretary the allowable value of transit fare vouchers properly issued by such
operators to any person who is a registered owner of a high polluting
automobile under this Act to offset the purchase price of annual or monthly
transit passes or any other form of individual transit fare credit designated
by the transit system operator. Participating transit system operators shall
establish the terms and conditions for the ownership, use, and expiration of
any transit fare credits acquired through the use of a transit fare voucher
issued under this subsection. Such transit vouchers may only be issued by a
person who is a dismantler or scrap recycler in lieu of vouchers issued under
subsection (a) if a high polluting automobile of a registered owner is accepted
by any such dismantler or scrap recycler, such owner transfers the certificate
of title for such automobile to either such person, and such voucher includes
the certification by such dismantler or recycler required by subsection (e)(3)
of this section. The amount of any such voucher shall be $3,000. The Secretary
shall electronically transfer funds to cover such vouchers to such
operators.
(h)Nothing
in this Act or any other provision of law limits the authority of Congress or
the Secretary to terminate or limit the Program or the issuance of vouchers
under this Act or the issuance of transit fare vouchers.
4.
(a)It
shall be unlawful for any person to violate any provision under this Act or any
regulations issued pursuant to section 3(f) of this Act.
(b)Any
person who commits a violation described in subsection (a) shall be liable to
the United States Government for a civil penalty of not more than $5,000 for
each violation. A separate violation shall be deemed to have occurred for each
day the person continues to be in violation of any provision under this
Act.
5.The Secretary shall submit a semi-annual
report to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of Representatives that
specifies, for the most recent 6-month period—
(1)the number of
vouchers which have been used under the Program; and
(2)the make, model,
model year, location of sale, and manufacturing location of each vehicle traded
in or purchased under the Program.
6.Post-2010
vouchers to recycle inefficient vehicles and encourage purchase of new battery
electric automobiles and plug-in electric drive automobilesEffective for model year 2011, the Secretary
shall, by rule, revise the Program established under section 3 of this Act to
provide for the issuance by dealers of vouchers to registered owners of a high
polluting automobile, who transfer a certificate of title to such automobile to
the dealer to be redeemed in such model year and for two subsequent model years
to offset the purchase price of a new battery electric automobile or a new
plug-in electric drive automobile, in accordance with the applicable provisions
of this Act and related regulations, as so revised or modified by the Secretary
consistent with this section. For purposes of determining the amount of a
voucher issued under this section for purposes of such redemption, the voucher
amount shall be $7,500 for either a passenger or nonpassenger automobile
assembled in the United States and each such automobile shall have a minimum
city label fuel economy value of 100 miles per gallon.
7.Authorization of
appropriationsThere are
authorized to be appropriated such sums as may be necessary to the Secretary of
Transportation to enable the Secretary to carry out the Program authorized
under section 3 of this Act beginning in calendar year 2009, under section 6
beginning in calendar year 2010, and such sums shall remain available until
expended.