
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13251]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
 SUBCHAPTER III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE 
             FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
 
Sec. 13251. Mandate for alternative fuel providers


(a) In general

    (1) The Secretary shall, before January 1, 1994, issue regulations 
requiring that of the new light duty motor vehicles acquired by a 
covered person described in paragraph (2), the following percentages 
shall be alternative fueled vehicles for the following model years:
        (A) 30 percent for model year 1996.
        (B) 50 percent for model year 1997.
        (C) 70 percent for model year 1998.
        (D) 90 percent for model year 1999 and thereafter.

    (2) For purposes of this section, a person referred to in paragraph 
(1) is--
        (A) a covered person whose principal business is producing, 
    storing, refining, processing, transporting, distributing, 
    importing, or selling at wholesale or retail any alternative fuel 
    other than electricity;
        (B) a non-Federal covered person whose principal business is 
    generating, transmitting, importing, or selling at wholesale or 
    retail electricity; or
        (C) a covered person--
            (i) who produces, imports, or produces and imports in 
        combination, an average of 50,000 barrels per day or more of 
        petroleum; and
            (ii) a substantial portion of whose business is producing 
        alternative fuels.

    (3)(A) In the case of a covered person described in paragraph (2) 
with more than one affiliate, division, or other business unit, only an 
affiliate, division, or business unit which is substantially engaged in 
the alternative fuels business (as determined by the Secretary by rule) 
shall be subject to this subsection.
    (B) No covered person or affiliate, division, or other business unit 
of such person whose principal business is--
        (i) transforming alternative fuels into a product that is not an 
    alternative fuel; or
        (ii) consuming alternative fuels as a feedstock or fuel in the 
    manufacture of a product that is not an alternative fuel,

shall be subject to this subsection.
    (4) The vehicles purchased pursuant to this section shall be 
operated solely on alternative fuels except when operating in an area 
where the appropriate alternative fuel is unavailable.
    (5) Regulations issued under paragraph (1) shall provide for the 
prompt exemption by the Secretary, through a simple and reasonable 
process, from the requirements of paragraph (1) of any covered person, 
in whole or in part, if such person demonstrates to the satisfaction of 
the Secretary that--
        (A) alternative fueled vehicles that meet the normal 
    requirements and practices of the principal business of that person 
    are not reasonably available for acquisition; or
        (B) alternative fuels that meet the normal requirements and 
    practices of the principal business of that person are not available 
    in the area in which the vehicles are to be operated.

(b) Revisions and extensions

    With respect to model years 1997 and thereafter, the Secretary may--
        (1) revise the percentage requirements under subsection (a)(1) 
    of this section downward, except that under no circumstances shall 
    the percentage requirement for a model year be less than 20 percent; 
    and
        (2) extend the time under subsection (a)(1) of this section for 
    up to 2 model years.

(c) Option for electric utilities

    The Secretary shall, within 1 year after October 24, 1992, issue 
regulations requiring that, in the case of a covered person whose 
principal business is generating, transmitting, importing, or selling at 
wholesale or retail electricity, the requirements of subsection (a)(1) 
of this section shall not apply until after December 31, 1997, with 
respect to electric motor vehicles. Any covered person described in this 
subsection which plans to acquire electric motor vehicles to comply with 
the requirements of this section shall so notify the Secretary before 
January 1, 1996.

(d) Report to Congress

    The Secretary shall, before January 1, 1998, submit a report to the 
Congress providing detailed information on actions taken to carry out 
this section, and the progress made and problems encountered thereunder.

(Pub. L. 102-486, title V, Sec. 501, Oct. 24, 1992, 106 Stat. 2887.)

                  Section Referred to in Other Sections

    This section is referred to in sections 13220, 13257, 13258, 13261 
of this title.
