State and local promotion of natural gas, flexible fuel, and high-efficiency motor vehicle fleets

(a)

Definitions

(1)

In general

For purposes of this section, the term fleet means a group of 20 or more light duty motor vehicles, medium duty motor vehicles, or heavy duty motor vehicles capable of carrying 14 or more passengers, operating primarily in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 2000 population of more than 250,000, that are— (A)centrally dispatched, or (B)centrally fueled or capable of being centrally fueled and owned, operated, leased, or otherwise controlled by a governmental entity or other person who owns, operates, leases, or otherwise controls 50 or more such vehicles, by any person who controls such person, by any person controlled by such person, and by any person under common control with such person. (2)

Excluded vehicles

Such term does not include— (A)motor vehicles held for lease or rental to the general public; (B)motor vehicles held for sale by motor vehicle dealers, including demonstration motor vehicles; (C)motor vehicles used for motor vehicle manufacturer product evaluations or tests; (D)law enforcement motor vehicles; (E)emergency motor vehicles; or (F)motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons. (3)

Purchase requirement

For purposes of this section, a purchase requirement is a State or local legal requirement applying to the acquisition of fleet vehicles. Such requirements may specify that when a fleet owner or operator acquires a new fleet vehicle, such owner or operator may acquire only new fleet vehicles that— (A)utilize natural gas as a fuel, (B)are flexible fuel vehicles, meaning vehicles that have been warranted by their manufacturer to operate on gasoline, E85, and M85, or (C)meet a technology or performance-based characteristic that is commercially available. (b)

State and local fleet requirements

Nothing in this Act or in any other provision of law shall be construed to limit the authority of any State or local government to establish purchase requirements applicable to fleets operating primarily within the jurisdiction of the State or local government if such requirements are intended to further any policy regarding climate change, the control of air pollution, energy independence, or local economic benefits. No such State or local requirement shall be considered to be an undue burden on interstate commerce. A fleet operating in more than one jurisdiction in any calendar year shall be treated as operating primarily in the jurisdiction in which the largest number of vehicle miles were traveled by vehicles in the fleet in the 5-calendar-year period immediately preceding such calendar year. (c)

Savings

Nothing in this section shall be construed as granting additional authority to State or local governments to establish requirements upon the manufacturers of automobiles.