[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4507 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4507

 To amend title 49, United States Code, to make the method used by the 
   Department of Energy for calculating electric vehicle-equivalent 
     petroleum fuel economy more accurate, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2024

Mr. Barrasso (for himself, Mr. Risch, Mr. Lee, Mr. Cassidy, Mr. Hoeven, 
and Ms. Lummis) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to make the method used by the 
   Department of Energy for calculating electric vehicle-equivalent 
     petroleum fuel economy more accurate, 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 ``Recalculating Electric Vehicle 
Efficiency for Accuracy and Legitimacy Act of 2024''.

SEC. 2. EFFICIENCY CALCULATION FOR ELECTRIC VEHICLES.

    Section 32904(a)(2) of title 49, United States Code, is amended by 
striking subparagraph (B) and inserting the following:
            ``(B)(i) If a manufacturer manufactures an electric 
        vehicle, the Administrator shall include in the calculation of 
        average fuel economy under paragraph (1) equivalent petroleum 
        based fuel economy values determined by the Secretary of Energy 
        for various classes of electric vehicles that are--
                    ``(I) directly comparable to those used for 
                gasoline-fueled and diesel-fueled vehicles with 
                internal combustion engines;
                    ``(II) based on the gross vehicle weight ratings of 
                the electric vehicles; and
                    ``(III) calculated in accordance with the factors 
                described in subclauses (I) through (VI) of clause 
                (ii).
            ``(ii) Each year, the Secretary of Energy shall review the 
        values described in clause (i) and determine and propose 
        necessary revisions to those values based on the following 
        factors:
                    ``(I) The approximate overall electrical energy 
                efficiency of the electric vehicle and the durability 
                of the battery of the electric vehicle, taking into 
                consideration--
                            ``(aa) the type of electric vehicle;
                            ``(bb) the intended use, including 
                        commercial use, configuration, and weight of 
                        the electric vehicle;
                            ``(cc) the degradation in electrical energy 
                        efficiency experienced by the electric vehicle 
                        battery and vehicle as the electric vehicle 
                        battery and electric vehicle, respectively, 
                        ages;
                            ``(dd) the degradation that may occur from 
                        frequent fast charging of electric vehicle 
                        batteries on the vehicle efficiency and driving 
                        range;
                            ``(ee) the impact on electrical efficiency 
                        from charging electric vehicle batteries to 100 
                        percent over the useful life of the electric 
                        vehicle; and
                            ``(ff) the type of battery with which the 
                        electric vehicle is equipped.
                    ``(II) The national average electrical generation 
                and transmission efficiencies, as reported by the 
                Energy Information Administration, for the prior year.
                    ``(III) The need of the United States to conserve 
                all forms of energy and the relative scarcity and value 
                to the United States of all fuel used--
                            ``(aa) to generate electricity;
                            ``(bb) to produce electric vehicle 
                        batteries and electric vehicles; and
                            ``(cc) to build the necessary electric 
                        vehicle charging infrastructure.
                    ``(IV) The need of the United States to conserve 
                all forms of critical minerals and other key materials 
                used in electric vehicle batteries and the relative 
                scarcity and value to the United States of all mineral 
                resources used to manufacture electric vehicles.
                    ``(V)(aa) The energy inputs into the mining, 
                refining, transportation, and use of critical minerals 
                and other key materials used in electric vehicles, 
                including electric vehicle batteries.
                    ``(bb) The Secretary of Energy shall determine 
                values under item (aa) that address all energy inputs 
                for electric vehicles through the final production of 
                the electric vehicle for sale.
                    ``(VI) The specific patterns of use of electric 
                vehicles compared to petroleum-fueled vehicles, 
                including--
                            ``(aa) the impact of summer and winter 
                        weather extremes;
                            ``(bb) the use of air conditioning, 
                        heating, and other draws on the supply of 
                        electrical energy onboard the electric vehicle;
                            ``(cc) the range of the different types and 
                        classes of electric vehicles;
                            ``(dd) the difference in distance added to 
                        an electric vehicle for a specific period of 
                        charging based on the differences between 
                        short-range and long-range batteries; and
                            ``(ee) state-of-charge losses when the 
                        battery of the electric vehicle is idle.''.

SEC. 3. SECRETARY OF ENERGY PARTICIPATION.

    Section 32902 of title 49, United States Code, is amended by 
striking subsection (j) and inserting the following:
    ``(j) Secretary of Energy.--
            ``(1) In general.--Before the Secretary of Transportation 
        issues a notice proposing to prescribe or amend an average fuel 
        economy standard under subsection (a), (c), or (g), the 
        Secretary of Energy shall--
                    ``(A) provide, as required under subsection 
                (a)(2)(B)(ii) of section 32904, to the Secretary of 
                Transportation a determination that the equivalent 
                petroleum based fuel economy values used in the 
                calculation of average fuel economy under subsection 
                (a)(1) of that section require revisions based on the 
                factors described in subclauses (I) through (VI) of 
                section 32904(a)(2)(B)(ii);
                    ``(B) coordinate the inclusion of any revised 
                equivalent petroleum based fuel economy values with any 
                proposed or amended average fuel economy standards 
                while considering adequate lead time planning across 
                full model years;
                    ``(C) ensure that any revisions to the equivalent 
                petroleum based fuel economy values, including a 
                revised petroleum equivalency factor value, are used 
                concurrently in any proposed or amended average fuel 
                economy standard issued under subsection (a), (c), or 
                (g);
                    ``(D) harmonize the use of revised equivalent 
                petroleum based fuel economy values with average fuel 
                economy standards including, as appropriate, as part of 
                a mathematical calculation;
                    ``(E) not later than 10 days after the date on 
                which the Secretary of Energy receives notice from the 
                Secretary of Transportation about a proposed standard, 
                provide to the Secretary of Transportation written 
                comments about the impact of the proposed standard on 
                conservation goals if the Secretary of Energy concludes 
                the proposed standard would adversely affect the 
                conservation goals of the Secretary of Energy; and
                    ``(F) receive notice from the Secretary of 
                Transportation before final action on a proposed 
                standard or an exemption from a standard under this 
                section is taken and be provided reasonable time to 
                comment.
            ``(2) Notice comments.--If the Secretary of Transportation 
        does not revise a proposed standard to take into account 
        comments received from the Secretary of Energy under paragraph 
        (1)(E), the Secretary of Transportation shall include those 
        comments in the notice.''.
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