[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 520 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 520
To accelerate motor fuel savings nationwide and provide incentives to
registered owners of high fuel consumption automobiles to replace such
automobiles with fuel efficient automobiles or public transportation,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2009
Mr. Israel (for himself, Mr. Inslee, Mr. Hinchey, Mr. Moore of Kansas,
and Ms. Lee of California) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To accelerate motor fuel savings nationwide and provide incentives to
registered owners of high fuel consumption automobiles to replace such
automobiles with fuel efficient automobiles or public transportation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerated Retirement of
Inefficient Vehicles Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Automobile; manufacturer; model; model year.--The terms
``automobile'', ``manufacturer'', ``model'', and ``model year''
have the meanings given such terms in section 32901(a) of title
49, United States Code.
(2) Certificate of title.--The term ``certificate of
title'' means a State-issued document showing ownership of an
automobile.
(3) Dealer.--The term ``dealer'' means a person residing in
a State that engages in the sale, lease, or distribution of new
automobiles to the first person (except a dealer buying as a
dealer) that is an ultimate purchaser.
(4) Dismantler.--The term ``dismantler'' means a person
residing in a State who is licensed to operate a business
employing 3 or more persons to take automobiles apart for the
purpose of reclaiming usable parts and recyclable materials.
(5) Eligible fleet operator.--The term ``eligible fleet
operator'' means--
(A) the operator of a fleet of automobiles that is
owned by a State, Indian tribe, or local government; or
(B) the owner of 2 or more automobiles authorized
to carry passengers for hire under State, tribal, or
local regulations governing the operation of taxi cabs.
(6) Eligible high fuel consumption automobile.--The term
``eligible high fuel consumption automobile'' means a high fuel
consumption automobile that, at the time it is presented for
participation in the program established under section 3--
(A) is in drivable condition; and
(B) has been continuously registered and licensed
to operate in any State for a period of not fewer than
120 consecutive days for operation on public roads.
(7) Fuel efficient automobile.--The term ``fuel efficient
automobile'' means an automobile manufactured for any model
year after 2003 that, at the time of the original sale to a
consumer--
(A) carries a manufacturer's suggested retail price
of $45,000 or less;
(B) complies with the applicable air emission and
related requirements under the National Emission
Standards Act (42 U.S.C. 7521 et seq.);
(C) qualifies for listing in emission bin 1, 2, 3,
4, or 5 (as defined in section 86.1803-01 of title 40,
Code of Federal Regulations); and
(D)(i) for automobiles manufactured in any of the
model years 2004 through 2010, achieves a measured fuel
economy level that exceeds by 25 percent the fuel
economy standard prescribed by the Secretary of
Transportation under section 32902 of title 49, United
States Code, for the model year and compliance category
of such automobile; or
(ii) for automobiles manufactured for any model
year after 2010, achieves a measured fuel economy level
that exceeds by 25 percent the fuel economy target
prescribed by the Secretary of Transportation under
such section 32902 for the model year and automobile
attribute group into which such automobile is
classified.
(8) High fuel consumption automobile.--The term ``high fuel
consumption automobile'' means an automobile manufactured for
any model year before 2008 for which the originally certified
measured fuel economy level is less than 18 miles per gallon.
(9) Measured fuel economy level.--The term ``measured fuel
economy level'' means the fuel economy level of a new
automobile model measured in accordance with section 32904 of
title 49, United States Code, and regulations prescribed
thereunder.
(10) New automobile.--The term ``new automobile'' means an
automobile for which a manufacturer, distributor, or dealer has
never transferred the equitable or legal title to such
automobile to an ultimate purchaser.
(11) Nonpassenger automobile.--The term ``nonpassenger
automobile'' means an automobile classified as a light truck
under part 523 of title 49, Code of Federal Regulations.
(12) Person.--The term ``person'' has the meaning given
such term in section 551 of title 5, United States Code.
(13) Program.--The term ``Program'' means the Accelerated
Retirement of Inefficient Vehicles Program established under
section 3.
(14) Registered owner.--The term ``registered owner''
means, with respect to an automobile, the person whose name
appears on the current State certificate of registration for
such automobile.
(15) Scrap recycling facility.--The term ``scrap recycling
facility'' means a 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.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(17) State.--The term ``State'' has the meaning given such
term in section 32101 of title 49, United States Code.
(18) Ultimate purchaser.--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.
(19) Voucher.--The term ``voucher'' means a voucher issued
to the registered owner of an eligible high fuel consumption
automobile under section 3(a).
SEC. 3. ACCELERATED RETIREMENT OF INEFFICIENT VEHICLES PROGRAM.
(a) Establishment.--There is established in the Department of
Energy a program to be known as the ``Accelerated Retirement of
Inefficient Vehicles Program'', through which the Secretary shall--
(1) authorize the issuance of a voucher, subject to the
limitations described in subsection (e)(1), to any person or
eligible fleet operator who is a registered owner of an
eligible high fuel consumption automobile, which voucher may be
used solely by such person or eligible fleet operator for the
purchase of a new or used fuel efficient automobile upon the
transfer of the certificate of title to such high fuel
consumption automobile to a dealer, dismantler, or scrap
recycling facility participating in the Program;
(2) allow any dealer, dismantler, or scrap recycling
facility to participate in the Program if the dealer,
dismantler, or scrap recycling facility agrees to--
(A) scrap any eligible high fuel consumption
automobile upon receiving the certificate of title to
such automobile pursuant to the Program;
(B) issue a voucher to the registered owner of such
automobile;
(C) certify to the Secretary that such automobile
has been crushed or shredded in accordance with
subsection (e)(4); and
(D) comply with all applicable requirements under
this Act and any regulations promulgated by the
Secretary to carry out this Act;
(3) require that all dealers accept vouchers presented by a
person or eligible fleet operator described in paragraph (1) as
partial payment for the purchase of a new or used fuel
efficient automobile; and
(4) make payments to dealers for vouchers accepted by such
dealers under paragraph (3) between January 1, 2009 and
December 31, 2014, in accordance with the provisions of this
section.
(b) Amount of Voucher.--
(1) Voucher redemption value if used toward purchase of new
a fuel efficient automobile.--A voucher issued under the
Program during the 4-year period beginning on January 1, 2009,
may be applied to offset the purchase price of a new fuel
efficient automobile by--
(A) $4,500 if the eligible high fuel consumption
automobile was manufactured for a model year that is 7
or fewer years less than the calendar year in which the
voucher was issued;
(B) $3,000 if the eligible high fuel consumption
automobile was manufactured for a model year that is 8
to 10 years less than the calendar year in which the
voucher was issued; and
(C) $2,500 if the eligible high fuel consumption
automobile was manufactured for a model year that is 11
or more years less than the calendar year in which the
voucher was issued.
(2) Voucher redemption value if used toward purchase of a
used fuel efficient automobile.--A voucher issued under the
Program during the 4-year period beginning on January 1, 2009,
may be applied to offset the purchase price of a used fuel
efficient automobile by--
(A) $3,000 if the eligible high fuel consumption
automobile was manufactured for a model year that is 7
or fewer years less than the calendar year in which the
voucher was issued;
(B) $2,000 if the eligible high fuel consumption
automobile was manufactured for a model year that is 8
to 10 years less than the calendar year in which the
voucher was issued; and
(C) $1,500 if the eligible high fuel consumption
automobile was manufactured for a model year that is 11
or more years less than the calendar year in which the
voucher was issued.
(3) Voucher redemption value if used toward purchase of a
highly fuel efficient automobile.--The values determined under
paragraphs (1) or (2) shall be increased by $1,000 if the
voucher issued under the Program is applied to offset the
purchase price of a fuel efficient automobile that achieves a
measured fuel economy level that exceeds by 50 percent the fuel
economy standard prescribed by the Secretary of Transportation
under section 32902 of title 49, United States Code, for the
model year and compliance category of such automobile.
(4) Voucher redemption value if used for transit fare
credits.--A voucher issued under the program during the 4-year
period beginning on January 1, 2009, may be applied to acquire
single-passenger transit fare credits from participating
transit operators in an amount equal to the amounts provided
under paragraph (2).
(c) Administrative Payments to Participating Dealers, Dismantlers,
and Scrap Recycling Facilities.--The Secretary shall provide for a
payment of $50, or another amount determined reasonable by the
Secretary, to participating dealers, dismantlers, and scrap recycling
facilities for each voucher issued under the Program in consideration
of the administrative costs related to such issuance.
(d) Lists of Eligible Automobiles To Be Maintained.--The Secretary,
in cooperation with the Secretary of Transportation, 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 fuel consumption automobiles;
(2) new fuel efficient automobiles; or
(3) used fuel efficient automobiles.
(e) Program Specifications.--
(1) Limitations.--
(A) Vouchers per person.--Not more than 1 voucher
may be issued to a person in any period of 3 successive
calendar years. A person may be issued a voucher if the
person demonstrates, in a manner prescribed by rule by
the Secretary, that such person--
(i) is the registered owner of an eligible
high fuel consumption automobile; and
(ii) attests that such high fuel
consumption automobile has not been imported
into the United States during the previous 4-
month period.
(B) Vouchers for eligible fleets.--A voucher for
the purchase of a new or used fuel efficient automobile
from a dealer may be issued to an eligible fleet
operator for each eligible high fuel consumption
automobile for which such eligible fleet operator is
the registered owner, as demonstrated in a manner
prescribed by rule by the Secretary.
(C) Offset.--A dealer--
(i) shall credit the amount of the voucher
being applied toward the purchase of a 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.
(D) Joint ownership.--Not more than 1 voucher may
be issued to the joint owners of an eligible high fuel
consumption automobile, unless such automobile is
operated by an eligible fleet operator.
(E) No combination of vouchers.--A person may not
apply 2 or more vouchers issued under the Program
toward the purchase of a single fuel efficient
automobile.
(F) Combination with other incentives permitted.--
Notwithstanding 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 fuel
efficient automobile shall not limit the value or
issuance of a voucher under the Program to any person
or eligible fleet operator otherwise eligible to
receive such a voucher.
(G) Duration.--Each voucher shall expire 2 years
after the date on which the voucher is issued and may
not be renewed.
(H) Prompt fulfillment of redemption requests
required.--The Secretary shall provide for the payment
of all vouchers submitted to the Secretary for
redemption in accordance with the provisions of this
Act not later than 60 days after such submission, or
within such lesser period as the Secretary determines
to be practicable.
(I) Number and amount.--The total number and value
of vouchers issued under the Program may not exceed the
amounts appropriated for such purpose.
(2) Consumer education program.--The Secretary shall carry
out a consumer education program aimed at informing persons
about the Program, its fuel economy purposes, and the
availability of vouchers under the Program.
(3) Transit fare credits.--The Secretary shall promulgate
regulations that allow operators of bus and rail public transit
systems to redeem vouchers properly issued to any person under
this Act to offset the purchase price of annual 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 voucher issued under this Act.
(4) Disposition of eligible high fuel consumption
automobiles.--
(A) In general.--Any automobile dealer, dismantler,
or scrap recycling facility who receives a certificate
of title to any eligible high fuel consumption
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 automobile
and engine--
(i) have been crushed or shredded within
such period as the Secretary prescribes;
(ii) have been 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) have not been, and will not be, sold,
leased, exchanged, or otherwise disposed of for
use as an automobile in the United States or in
any other country.
(B) Savings provision.--Nothing in subparagraph (A)
may be construed to preclude a dismantler from--
(i) selling any parts of such scrapped
automobile other than the engine block and
drive train for use as replacement parts; or
(ii) retaining the proceeds from such sale.
(C) Coordination.--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
fuel consumption automobiles under this section.
(f) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement the Program, including--
(1) the removal and disposition of toxic or hazardous
materials from eligible high fuel consumption vehicles
presented for participation in the program; and
(2) the enforcement of the penalties described in section
4.
(g) Disclaimer.--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 the Program.
SEC. 4. PENALTIES.
(a) Violation.--It shall be unlawful for any person to violate any
provision under this Act or any regulations issued pursuant to section
3(f).
(b) Penalties.--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.
SEC. 5. REPORT.
The Secretary shall submit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate every 6 months 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.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, for each of the fiscal
years 2009 through 2014, such sums as may be necessary to carry out
this Act, which shall remain available until expended.
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