
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: 42USC13257]

 
                 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. 13257. Fleet requirement program


(a) Fleet program purchase goals

    (1) Except as provided in paragraph (2), the following percentages 
of new light duty motor vehicles acquired in each model year for a 
fleet, other than a Federal fleet, State fleet, or fleet owned, 
operated, leased, or otherwise controlled by a covered person subject to 
section 13251 of this title, shall be alternative fueled vehicles:
        (A) 20 percent of the motor vehicles acquired in model years 
    1999, 2000, and 2001;
        (B) 30 percent of the motor vehicles acquired in model year 
    2002;
        (C) 40 percent of the motor vehicles acquired in model year 
    2003;
        (D) 50 percent of the motor vehicles acquired in model year 
    2004;
        (E) 60 percent of the motor vehicles acquired in model year 
    2005; and
        (F) 70 percent of the motor vehicles acquired in model year 2006 
    and thereafter.

    (2) The Secretary may not establish percentage requirements higher 
than those described in paragraph (1). The Secretary may, if 
appropriate, and pursuant to a rule under subsection (b) of this 
section, establish a lesser percentage requirement for any model year. 
The Secretary may, by rule, establish a date later than 1998 (or model 
year 1999) for initiating the fleet requirements under paragraph (1).
    (3) The Secretary shall publish an advance notice of proposed 
rulemaking for the purpose of--
        (A) evaluating the progress toward achieving the goals of 
    replacement fuel use described in section 13252(b)(2) of this title, 
    as modified under section 13254 of this title;
        (B) identifying the problems associated with achieving those 
    goals;
        (C) assessing the adequacy and practicability of those goals; 
    and
        (D) considering all actions needed to achieve those goals.

The Secretary shall provide for at least 3 regional hearings on the 
advance notice of proposed rulemaking, with respect to which official 
transcripts shall be maintained. The comment period in connection with 
such advance notice of proposed rulemaking shall be completed within 7 
months after publication of the advance notice.
    (4) After the completion of such advance notice of proposed 
rulemaking, the Secretary shall publish in the Federal Register a 
proposed rule for the rule required under subsection (b) of this 
section, and shall provide for a public comment period, with hearings, 
of not less than 90 days.

(b) Early rulemaking

    (1) Not earlier than 1 year after October 24, 1992, and after 
carrying out the requirements of subsection (a) of this section, the 
Secretary shall initiate a rulemaking to determine whether a fleet 
requirement program to begin in calendar year 1998 (when model year 1999 
begins), or such other later date as he may select pursuant to 
subsection (a) of this section, is necessary under this section. Such 
rule, consistent with subsection (a)(1) of this section, shall establish 
the annual applicable model year percentage. No rule under this 
subsection may be promulgated after December 15, 1996, and be 
enforceable. A fleet requirement program shall be considered necessary 
and a rule therefor shall be promulgated if the Secretary finds that--
        (A) the goal of replacement fuel use described in section 
    13252(b)(2)(B) of this title, as modified under section 13254 of 
    this title, is not expected to be actually achieved by 2010, or such 
    other date as is established under section 13254 of this title, by 
    voluntary means or pursuant to this subchapter or any other law 
    without such a fleet requirement program, taking into consideration 
    the status of the achievement of the interim goal described in 
    section 13252(b)(2)(A) of this title, as modified under section 
    13254 of this title;
        (B) such goal is practicable and actually achievable within 
    periods specified in section 13252(b)(2) of this title, as modified 
    under section 13254 of this title, through implementation of such a 
    fleet requirement program in combination with voluntary means and 
    the application of other programs relevant to achieving such goals; 
    and
        (C) by 1998 (when model year 1999 begins) or the date specified 
    by the Secretary in such rule for initiating a fleet requirement 
    program--
            (i) there exists sufficient evidence to ensure that the fuel 
        and the needed infrastructure, including the supply and 
        deliverability systems, will be installed and located at 
        convenient places in the fleet areas subject to the rule and 
        will be fully operational when the rule is effective to offer a 
        reliable and timely supply of the applicable alternative fuel at 
        reasonable costs (as compared to conventional fuels) to meet the 
        fleet requirement program, as demonstrated through use of the 
        provisions of section 13255(1) of this title regarding voluntary 
        commitments or other adequate, reliable, and convincing forms of 
        agreements, arrangements, or representations that such fuels and 
        infrastructure are in existence or will exist when the rule is 
        effective and will be expanded as the percentages increase 
        annually;
            (ii) there will be a sufficient number of new alternative 
        fueled vehicles from original equipment manufacturers that 
        comply with all applicable requirements of the Clean Air Act [42 
        U.S.C. 7401 et seq.] and chapter 301 of title 49;
            (iii) such new vehicles will meet the applicable non-Federal 
        and non-State fleet performance requirements of such fleets 
        (including range, passenger or cargo-carrying capacity, 
        reliability, refueling capability, vehicle mix, and economical 
        operation and maintenance); and
            (iv) establishment of a fleet requirement program by rule 
        under this subsection will not result in unfair competitive 
        advantages or disadvantages, or result in undue economic 
        hardship, to the affected fleets.

        (2) The Secretary shall not promulgate a rule under this 
    subsection if he is unable to make affirmative findings in the case 
    of each of the subparagraphs under paragraph (1), and each of the 
    clauses under subparagraph (C) of paragraph (1).
        (3) If the Secretary does not determine that such program is 
    necessary under this subsection, the provisions of subsection (e) of 
    this section shall apply to the consideration in the future of any 
    fleet requirement program. The record of this rulemaking, including 
    the Secretary's findings, shall be incorporated into a rulemaking 
    under that subsection. If the Secretary determines under this 
    subsection that such program is necessary, the Secretary shall not 
    initiate the later rulemaking under subsection (e) of this section.

(c) Advance notice of proposed rulemaking

    Not later than April 1, 1998, the Secretary shall publish an advance 
notice of proposed rulemaking for the purpose of--
        (1) evaluating the progress toward achieving the goals of 
    replacement fuel use described in section 13252(b)(2) of this title, 
    as modified under section 13254 of this title;
        (2) identifying the problems associated with achieving those 
    goals;
        (3) assessing the adequacy and practicability of those goals; 
    and
        (4) considering all actions needed to achieve those goals.

The Secretary shall provide for at least 3 regional hearings on the 
advance notice of proposed rulemaking, with respect to which official 
transcripts shall be maintained. The comment period in connection with 
such advance notice of proposed rulemaking shall be completed within 7 
months after publication of the advance notice.

(d) Proposed rule

    Before May 1, 1999, the Secretary shall publish in the Federal 
Register a proposed rule for the rule required under subsection (g) of 
this section, and shall provide for a public comment period, with 
hearings, of not less than 90 days.

(e) Determination

    (1) Not later than January 1, 2000, the Secretary shall, through the 
rule required under subsection (g) of this section, determine whether a 
fleet requirement program is necessary under this section. Such a 
program shall be considered necessary and a rule therefor shall be 
promulgated if the Secretary finds that--
        (A) the goal of replacement fuel use described in section 
    13252(b)(2)(B) of this title, as modified under section 13254 of 
    this title, is not expected to be actually achieved by 2010, or such 
    other date as is established under section 13254 of this title, by 
    voluntary means or pursuant to this subchapter or any other law 
    without such a fleet requirement program, taking into consideration 
    the status of the achievement of the interim goal described in 
    section 13252(b)(2)(A) of this title, as modified under section 
    13254 of this title; and
        (B) such goal is practicable and actually achievable within 
    periods specified in section 13252(b)(2) of this title, as modified 
    under section 13254 of this title, through implementation of such a 
    fleet requirement program in combination with voluntary means and 
    the application of other programs relevant to achieving such goals.

    (2) The rule under subsection (b) or (g) of this section shall also 
modify the goal described in section 13252(b)(2)(B) of this title and 
establish a revised goal pursuant to section 13254 of this title if the 
Secretary determines, based on the proceeding required under subsection 
(a) or (c) of this section, that the goal in effect at the time of that 
proceeding is inadequate or impracticable, and not expected to be 
achievable. Such goal as modified and established shall be applicable in 
making the findings described in paragraph (1). If the Secretary 
modifies the goal under this paragraph, he may also modify the 
percentages stated in subsection (a)(1) or (g)(1) of this section and 
the minimum percentage stated in subsection (a)(2) or (g)(2) of this 
section shall be not less than 10 percent.

(f) Explanation of determination that fleet requirement program is not 
        necessary

    If the Secretary determines, based on findings under subsection (b) 
or (e) of this section, that a fleet requirement program under this 
section is not necessary, the Secretary shall--
        (1) by December 15, 1996, with respect to a rulemaking under 
    subsection (b) of this section; and
        (2) by January 1, 2000, with respect to a rulemaking under 
    subsection (e) of this section,

publish such determination in the Federal Register as a final agency 
action, including an explanation of the findings on which such 
determination is made and the basis for the determination.

(g) Fleet requirement program

    (1) If the Secretary determines under subsection (e) of this section 
that a fleet requirement program is necessary, the Secretary shall, by 
January 1, 2000, by rule require that, except as provided in paragraph 
(2), of the total number of new light duty motor vehicles acquired for a 
fleet, other than a Federal fleet, State fleet, or fleet owned, 
operated, leased, or otherwise controlled by a covered person under 
section 13251 of this title--
        (A) 20 percent of the motor vehicles acquired in model year 
    2002;
        (B) 40 percent of the motor vehicles acquired in model year 
    2003;
        (C) 60 percent of the motor vehicles acquired in model year 
    2004; and
        (D) 70 percent of the motor vehicles acquired in model year 2005 
    and thereafter,

shall be alternative fueled vehicles.
    (2) The Secretary may not establish percentage requirements higher 
than those described in paragraph (1). The Secretary may, if 
appropriate, and pursuant to a rule under subsection (g) of this 
section, establish a lesser percentage requirement for any model year. 
The Secretary may, by rule, establish a date later than 2002 (when model 
year 2003 begins) for initiating the fleet requirements under paragraph 
(1).
    (3) Nothing in this subchapter shall be construed as requiring any 
fleet to acquire alternative fueled vehicles or alternative fuels that 
do not meet the normal business requirements and practices and needs of 
that fleet.
    (4) A vehicle operating only on gasoline that complies with 
applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] 
shall not be considered an alternative fueled vehicle under subsection 
(b) of this section or this subsection, except that the Secretary, as 
part of the rule under subsection (b) of this section or this 
subsection, may determine that such vehicle should be treated as an 
alternative fueled vehicle for purposes of this section, for fleets 
subject to part C of title II of the Clean Air Act [42 U.S.C. 7581 et 
seq.], taking into consideration the impact on energy security and the 
goals stated in section 13252(a) of this title.

(h) Extension of deadlines

    The Secretary may, by notice published in the Federal Register, 
extend the deadlines established under subsections (e), (f)(2), and (g) 
of this section for an additional 90 days if the Secretary is unable to 
meet such deadlines. Such extension shall not be reviewable.

(i) Exemptions

    (1) A rule issued under subsection (b), (g), or (o) of this section 
shall provide for the prompt exemption by the Secretary, through a 
simple and reasonable process, of any fleet from the requirements of 
subsection (b), (g), or (o) of this section, in whole or in part, if it 
is demonstrated to the satisfaction of the Secretary that--
        (A) alternative fueled vehicles that meet the normal 
    requirements and practices of the principal business of the fleet 
    owner are not reasonably available for acquisition;
        (B) alternative fuels that meet the normal requirements and 
    practices of the principal business of the fleet owner are not 
    available in the area in which the vehicles are to be operated; or
        (C) in the case of State and local government entities, the 
    application of such requirements would pose an unreasonable 
    financial hardship.

    (2) In the case of private fleets, if the motor vehicles, when under 
normal operations, are garaged at personal residences at night, such 
motor vehicles shall be exempt from the requirements of subsections (b) 
and (g).

(j) Conversions

    Nothing in this subchapter or the amendments made by this subchapter 
shall require a fleet owner to acquire conversion vehicles.

(k) Inclusion of law enforcement vehicles and urban buses

    (1) If the Secretary determines, by rule, that the inclusion of 
fleets of law enforcement motor vehicles in the fleet requirement 
program established under subsection (g) of this section would 
contribute to achieving the goal described in section 13252(b)(2)(B) of 
this title, as modified under section 13254 of this title, and the 
Secretary finds that such inclusion would not hinder the use of the 
motor vehicles for law enforcement purposes, the Secretary may include 
such fleets in such program. The Secretary may only initiate one 
rulemaking under this paragraph.
    (2) If the Secretary determines, by rule, that the inclusion of new 
urban buses, as defined by the Administrator under title II of the Clean 
Air Act [42 U.S.C. 7521 et seq.], in a fleet requirement program 
established under subsection (g) of this section would contribute to 
achieving the goal described in section 13252(b)(2)(B) of this title, as 
modified under section 13254 of this title, the Secretary may include 
such urban buses in such program, if the Secretary finds that such 
application will be consistent with energy security goals and the needs 
and objectives of encouraging and facilitating the greater use of such 
urban buses by the public, taking into consideration the impact of such 
application on public transit entities. The Secretary may only initiate 
one rulemaking under this paragraph.
    (3) Rulemakings under paragraph (1) or (2) shall be separate from a 
rulemaking under subsection (g) of this section, but may not occur 
unless a rulemaking is carried out under subsection (g) of this section.

(l) Consideration of factors

    In carrying out this section, the Secretary shall take into 
consideration energy security, costs, safety, lead time requirements, 
vehicle miles traveled annually, effect on greenhouse gases, 
technological feasibility, energy requirements, economic impacts, 
including impacts on workers and the impact on consumers (including 
users of the alternative fuel for purposes such as for residences, 
agriculture, process use, and non-fuel purposes) and fleets, the 
availability of alternative fuels and alternative fueled vehicles, and 
other relevant factors.

(m) Consultation and participation of other Federal agencies

    In carrying out this section and section 13256 of this title, the 
Secretary shall consult with the Secretary of Transportation, the 
Administrator, and other appropriate Federal agencies. The Secretary 
shall provide for the participation of the Secretary of Transportation 
and the Administrator in the development and issuance of the rule under 
this section, including the public process concerning such rule.

(n) Petitions

    As part of the rule promulgated either pursuant to subsection (b) or 
(g) of this section, the Secretary shall establish procedures for any 
fleet owner or operator or motor vehicle manufacturer to request that 
the Secretary modify or suspend a fleet requirement program established 
under either subsection nationally, by region, or in an applicable fleet 
area because, as demonstrated by the petitioner, the infrastructure or 
fuel supply or distribution system for an applicable alternative fuel is 
inadequate to meet the needs of a fleet. In the event that the Secretary 
determines that a modification or suspension of the fleet requirement 
program on a regional basis would detract from the nationwide character 
of any fleet requirement program established by rule or would 
sufficiently diminish the economies of scale for the production of 
alternative fueled vehicles or alternative fuels and thereafter the 
practicability and effectiveness of such program, the Secretary may only 
modify or suspend the program nationally. The procedures shall include 
provisions for notice and public hearings. The Secretary shall deny or 
grant the petition within 180 days after filing.

(o) Mandatory State fleet programs

    (1) Pursuant to a rule promulgated by the Secretary, beginning in 
calendar year 1995 (when model year 1996 begins), the following 
percentages of new light duty motor vehicles acquired annually for State 
government fleets, including agencies thereof, but not municipal fleets, 
shall be alternative fueled vehicles:
        (A) 10 percent of the motor vehicles acquired in model year 
    1996;
        (B) 15 percent of the motor vehicles acquired in model year 
    1997;
        (C) 25 percent of the motor vehicles acquired in model year 
    1998;
        (D) 50 percent of the motor vehicles acquired in model year 
    1999;
        (E) 75 percent of the motor vehicles acquired in model year 2000 
    and thereafter.

    (2)(A) The Secretary shall within 18 months after October 24, 1992, 
promulgate a rule providing that a State may submit a plan within 12 
months after such promulgation containing a light duty alternative 
fueled vehicle plan for State fleets to meet the annual percentages 
established under paragraph (1) for the acquisition of light duty motor 
vehicles. The plan shall provide for the voluntary conversion or 
acquisition or combination thereof, beyond any acquisition required by 
this subchapter, of such motor vehicles by State, local, or private 
fleets, in numbers greater than or equal to the number of State 
alternative fueled vehicles required pursuant to paragraph (1).
    (B) The plan, if approved by the Secretary, would be in lieu of the 
State meeting such annual percentages solely through purchases of new 
State-owned vehicles. All conversions or acquisitions or combinations 
thereof of any alternative fueled vehicles under the plan must be 
voluntary and must conform with the requirements of section 247 of the 
Clean Air Act [42 U.S.C. 7587] and must comply with applicable safety 
requirements. The Secretary of Transportation shall within 3 years after 
enactment promulgate rules setting forth safety standards in accordance 
with chapter 301 of title 49 applicable to all conversions.

(Pub. L. 102-486, title V, Sec. 507, Oct. 24, 1992, 106 Stat. 2891.)

                       References in Text

    The Clean Air Act, referred to in subsecs. (b)(1)(C)(ii), (g)(4), 
and (k)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, 
which is classified generally to chapter 85 (Sec. 7401 et seq.) of this 
title. Title II of the Act, known as the National Emission Standards 
Act, is classified generally to subchapter II (Sec. 7521 et seq.) of 
chapter 85 of this title. Part C of title II of the Act is classified 
generally to part C (Sec. 7581 et seq.) of chapter 85 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 7401 of this title and Tables.
    This subchapter, referred to in subsecs. (b)(1)(A), (e)(1)(A), 
(g)(3), (j), and (o)(2)(A), was in the original ``this title'' meaning 
title V of Pub. L. 102-486, Oct. 24, 1992, 102 Stat. 2887, which is 
classified generally to this subchapter.

                          Codification

    In subsecs. (b)(1)(C)(ii) and (o)(2)(B), ``chapter 301 of title 49'' 
substituted for ``the National Traffic and Motor Vehicle Safety Act of 
1966 [15 U.S.C. 1381 et seq.]'' on authority of Pub. L. 103-272, 
Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which 
enacted subtitles II, III, and V to X of Title 49, Transportation.

                  Section Referred to in Other Sections

    This section is referred to in sections 13256, 13259, 13261 of this 
title.
