1.This Act may be cited as the
Accelerated Retirement of Inefficient
Vehicles Act of 2009
.
2.In this Act:
(1)Automobile;
manufacturer; model; model yearThe terms
automobile, manufacturer, model, and
model year have the meanings given such terms in section 32901(a)
of title 49, United States Code.
(2)The term certificate of title means a
State-issued document showing ownership of an automobile.
(3)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)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)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 automobileThe 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
automobileThe 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 automobileThe 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 levelThe 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)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)The term nonpassenger automobile means an
automobile classified as a light truck under part 523 of title 49, Code of
Federal Regulations.
(12)The
term person has the meaning given such term in section 551 of
title 5, United States Code.
(13)The
term Program means the Accelerated Retirement of Inefficient
Vehicles Program established under section 3.
(14)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)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)The
term Secretary means the Secretary of Energy.
(17)The
term State has the meaning given such term in section 32101 of
title 49, United States Code.
(18)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)The
term voucher means a voucher issued to the registered owner of an
eligible high fuel consumption automobile under section 3(a).
3.Accelerated
retirement of inefficient vehicles program
(a)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)
(1)Voucher
redemption value if used toward purchase of new a fuel efficient
automobileA 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
automobileA 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
automobileThe 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 creditsA 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
facilitiesThe 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 maintainedThe 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)
(1)
(A)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 fleetsA 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)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)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
vouchersA 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 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 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)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 requiredThe 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)The total number and value of vouchers issued under the
Program may not exceed the amounts appropriated for such purpose.
(2)Consumer
education programThe 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)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)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)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)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)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)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.
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).
(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 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.
6.Authorization of
appropriationsThere 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.