42 U.S.C. § 13251 : US Code - Section 13251: Mandate for alternative fuel providers

Search 42 U.S.C. § 13251 : US Code - Section 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.