HR 520 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

January 14, 2009CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Accelerated Retirement of Inefficient Vehicles Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CERTIFICATE OF TITLE- The term ‘certificate of title’ means a State-issued document showing ownership of an automobile.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) ELIGIBLE FLEET OPERATOR- The term ‘eligible fleet operator’ means--CommentsClose CommentsPermalink





(A) the operator of a fleet of automobiles that is owned by a State, Indian tribe, or local government; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) is in drivable condition; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) carries a manufacturer’s suggested retail price of $45,000 or less;CommentsClose CommentsPermalink





(B) complies with the applicable air emission and related requirements under the National Emission Standards Act (42 U.S.C. 7521 et seq.);CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(12) PERSON- The term ‘person’ has the meaning given such term in section 551 of title 5, United States Code.CommentsClose CommentsPermalink





(13) PROGRAM- The term ‘Program’ means the Accelerated Retirement of Inefficient Vehicles Program established under section 3.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(15) SCRAP RECYCLING FACILITY- The term ‘scrap recycling facility’ means a business--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.CommentsClose CommentsPermalink





(16) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





(17) STATE- The term ‘State’ has the meaning given such term in section 32101 of title 49, United States Code.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(19) VOUCHER- The term ‘voucher’ means a voucher issued to the registered owner of an eligible high fuel consumption automobile under section 3(a).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) allow any dealer, dismantler, or scrap recycling facility to participate in the Program if the dealer, dismantler, or scrap recycling facility agrees to--CommentsClose CommentsPermalink





(A) scrap any eligible high fuel consumption automobile upon receiving the certificate of title to such automobile pursuant to the Program;CommentsClose CommentsPermalink





(B) issue a voucher to the registered owner of such automobile;CommentsClose CommentsPermalink





(C) certify to the Secretary that such automobile has been crushed or shredded in accordance with subsection (e)(4); andCommentsClose CommentsPermalink





(D) comply with all applicable requirements under this Act and any regulations promulgated by the Secretary to carry out this Act;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Amount of Voucher-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) eligible high fuel consumption automobiles;CommentsClose CommentsPermalink





(2) new fuel efficient automobiles; orCommentsClose CommentsPermalink





(3) used fuel efficient automobiles.CommentsClose CommentsPermalink





(e) Program Specifications-CommentsClose CommentsPermalink





(1) LIMITATIONS-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) is the registered owner of an eligible high fuel consumption automobile; andCommentsClose CommentsPermalink





(ii) attests that such high fuel consumption automobile has not been imported into the United States during the previous 4-month period.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) OFFSET- A dealer--CommentsClose CommentsPermalink





(i) shall credit the amount of the voucher being applied toward the purchase of a fuel efficient automobile; andCommentsClose CommentsPermalink





(ii) may not offset the amount of the voucher against any other rebate or discount otherwise being offered by the dealer or manufacturer.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(G) DURATION- Each voucher shall expire 2 years after the date on which the voucher is issued and may not be renewed.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(I) NUMBER AND AMOUNT- The total number and value of vouchers issued under the Program may not exceed the amounts appropriated for such purpose.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) DISPOSITION OF ELIGIBLE HIGH FUEL CONSUMPTION AUTOMOBILES-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) have been crushed or shredded within such period as the Secretary prescribes;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) SAVINGS PROVISION- Nothing in subparagraph (A) may be construed to preclude a dismantler from--CommentsClose CommentsPermalink





(i) selling any parts of such scrapped automobile other than the engine block and drive train for use as replacement parts; orCommentsClose CommentsPermalink





(ii) retaining the proceeds from such sale.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the removal and disposition of toxic or hazardous materials from eligible high fuel consumption vehicles presented for participation in the program; andCommentsClose CommentsPermalink





(2) the enforcement of the penalties described in section 4.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) the number of vouchers which have been used under the Program; andCommentsClose CommentsPermalink





(2) the make, model, model year, location of sale, and manufacturing location of each vehicle traded in or purchased under the Program.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink