Open Fuel Standard Act of 2011
Encyclopedia
Open Fuel Standard Act of 2011 (H.R. 1687) is a bipartisan bill in the House of the United States Congress, currently in committee, that would require that a certain portion of light-passenger vehicles sold in the U.S. be alternative fueling vehicles capable of running on something other than just gasoline. The Open Fuel Standard Act does not dictate what types of vehicles are to be sold, only that an increasing percentage of the passenger car fleet sold in the U.S. be capable of running on non-petroleum sources - whether it be natural gas, electric, alcohol fuels, hydrogen or biodiesel, with a catch-all provision for any other sustainable technologies. The bill is intended by its sponsors to ensure that new vehicles enable fuel competition so as to reduce the strategic importance of oil to the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
, is amended by inserting after section 32905 the following new section:
`Sec. 32905A. Open fuel standard for motor vehicles.
(a) Requirements- Except as provided in subsection (c), each manufacturer's fleet
of covered vehicles for a particular model year shall be --
not less than 50 percent qualified vehicles beginning in model year 2014;
not less than 80 percent qualified vehicles beginning in model year 2016; and
not less than 95 percent qualified vehicles beginning in model year 2017 and each subsequent year.
(b) Additional Definitions- As used in this section--
(c) Temporary Exemption From Requirements- APPLICATION- A manufacturer may request an exemption
from the requirement described in subsection (a) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. EVALUATION- After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light-duty motor-vehicle from the requirement described in subsection (a) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of qualified automobiles, including--
[R-IL19] introduced the bill along with Rep Eliot Engel [NY-17]
[MD-6]
Rep Berman, Howard L.
[CA-28]
Rep Blumenauer, Earl
[OR-3]
Rep Boswell, Leonard L.
[IA-3]
Rep Braley, Bruce L.
[IA-1]
Rep Andre Carson
[IN-7]
Rep Cole, Tom
[OK-4]
Rep Dold, Robert J. [IL-10]
Rep Engel, Eliot [NY-17]
Rep Israel, Steve
[NY-2]
Rep Henry C. "Hank," Jr
. [GA-4]
Rep Loebsack, David
[IA-2]
Rep McDermott, Jim
[WA-7]
Rep Peterson, Collin C.
[MN-7]
Rep Ross, Dennis
[FL-12]
Rep Schwartz, Allyson Y.
[PA-13]
Set America Free
Energy Alternatives
Methanol Institute
American Coalition for Ethanol
Bill Text
To amend chapter 329 of title 49, United States Code, to ensure that new vehicles enable fuel competition so as to reduce the strategic importance of oil to the United States.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. OPEN FUEL STANDARD FOR MOTOR VEHICLES.
Chapter 329 of title 49, United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, is amended by inserting after section 32905 the following new section:
`Sec. 32905A. Open fuel standard for motor vehicles.
(a) Requirements- Except as provided in subsection (c), each manufacturer's fleet
Fleet
-Vehicles:A fleet is a collection of ships or vehicles, with many specific connotations:*Fleet vehicles, two or more vehicles*Fishing fleet*Naval fleet, substantial group of warships*A group of small ships or flotilla...
of covered vehicles for a particular model year shall be --
not less than 50 percent qualified vehicles beginning in model year 2014;
not less than 80 percent qualified vehicles beginning in model year 2016; and
not less than 95 percent qualified vehicles beginning in model year 2017 and each subsequent year.
(b) Additional Definitions- As used in this section--
-
- (1) the term `covered vehicle' means a passenger automobile, and includes a light-duty motor vehicle;
- (2) the term `qualified vehicle ' means covered vehicle that--
- (A) has been warranted by its manufacturer to operate solely on natural gasNatural gasNatural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
, hydrogenHydrogenHydrogen is the chemical element with atomic number 1. It is represented by the symbol H. With an average atomic weight of , hydrogen is the lightest and most abundant chemical element, constituting roughly 75% of the Universe's chemical elemental mass. Stars in the main sequence are mainly...
, or biodieselBiodieselBiodiesel refers to a vegetable oil- or animal fat-based diesel fuel consisting of long-chain alkyl esters. Biodiesel is typically made by chemically reacting lipids with an alcohol....
; - (B) is a flexible fuel vehicleFlexible-fuel vehicleA flexible-fuel vehicle or dual-fuel vehicle is an alternative fuel vehicle with an internal combustion engine designed to run on more than one fuel, usually gasoline blended with either ethanol or methanol fuel, and both fuels are stored in the same common tank...
; - (C) is a plug-in electricPlug-in electric vehicleA plug-in electric vehicle is any motor vehicle that can be recharged from any external source of electricity, such as wall sockets, and the electricity stored in the rechargeable battery packs drives or contributes to drive the wheels...
drive vehicle; - (D) is propelled solely by fuel cellFuel cellA fuel cell is a device that converts the chemical energy from a fuel into electricity through a chemical reaction with oxygen or another oxidizing agent. Hydrogen is the most common fuel, but hydrocarbons such as natural gas and alcohols like methanol are sometimes used...
that produces power without the use of petroleum or a petroleum-based fuel; or - (E) is propelled solely by something other than an internal combustion engineInternal combustion engineThe internal combustion engine is an engine in which the combustion of a fuel occurs with an oxidizer in a combustion chamber. In an internal combustion engine, the expansion of the high-temperature and high -pressure gases produced by combustion apply direct force to some component of the engine...
, and produces power without the use of petroleumPetroleumPetroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
or a petroleum-based fuel; the term `flexible fuel vehicle' means a vehicle that has been warranted by its manufacturer to operate on gasolineGasolineGasoline , or petrol , is a toxic, translucent, petroleum-derived liquid that is primarily used as a fuel in internal combustion engines. It consists mostly of organic compounds obtained by the fractional distillation of petroleum, enhanced with a variety of additives. Some gasolines also contain...
, E85E85E85 is an abbreviation for an ethanol fuel blend of up to 85% denatured ethanol fuel and gasoline or other hydrocarbon by volume. E85 is commonly used by flex-fuel vehicles in the US, Canada, and Europe. Some of the benefits of E85 over conventional gasoline powered vehicles include the potential...
, and M85M85M85 or M-85 may refer to:* Messier 85, a lenticular galaxy in the constellation Coma Berenices* Zastava M85, an assault rifle developed and manufactured by Zastava Arms* M85 machine gun, a machine gun used in the M60 Patton series of tanks...
the term `E85E85E85 is an abbreviation for an ethanol fuel blend of up to 85% denatured ethanol fuel and gasoline or other hydrocarbon by volume. E85 is commonly used by flex-fuel vehicles in the US, Canada, and Europe. Some of the benefits of E85 over conventional gasoline powered vehicles include the potential...
' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume; the term `M85M85M85 or M-85 may refer to:* Messier 85, a lenticular galaxy in the constellation Coma Berenices* Zastava M85, an assault rifle developed and manufactured by Zastava Arms* M85 machine gun, a machine gun used in the M60 Patton series of tanks...
' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume; the term `biodieselBiodieselBiodiesel refers to a vegetable oil- or animal fat-based diesel fuel consisting of long-chain alkyl esters. Biodiesel is typically made by chemically reacting lipids with an alcohol....
' means diesel fuel which has been produced from a non-petroleum feedstock and which meets the standards of ASTM D6751-03; the term `plug-in electricPlug-in electric vehicleA plug-in electric vehicle is any motor vehicle that can be recharged from any external source of electricity, such as wall sockets, and the electricity stored in the rechargeable battery packs drives or contributes to drive the wheels...
drive vehicle' has the meaning given such term in section 508(a)(5) of the Energy Policy Act of 1992Energy Policy Act of 1992The Energy Policy Act is a United States government act.It was passed by Congress and addressed energy efficiency, energy conservation and energy management , natural gas imports and exports , alternative fuels and requiring certain fleets to acquire alternative fuel vehicles, which are capable of...
(42 U.S.C. 13258(a)(5)); and the term `light-duty motor vehicle' means a light-duty truck or light-duty vehicle as such terms are defined in section 216(7) of the Clean Air ActClean Air ActA Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
(42 U.S.C. 7550(7)) of less than or equal to 8,500 pounds gross vehicle weight rating.
- (A) has been warranted by its manufacturer to operate solely on natural gas
(c) Temporary Exemption From Requirements- APPLICATION- A manufacturer may request an exemption
Exemption
An exemption such as a tax exemption allows a certain amount of income or other value to be legally excluded to avoid or reduce taxation.Exemption may also refer to:...
from the requirement described in subsection (a) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. EVALUATION- After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light-duty motor-vehicle from the requirement described in subsection (a) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of qualified automobiles, including--
-
- (A) a disruptionDisruptionDisruption is the interruption of normal work or practice.*In Scotland, the Disruption of 1843 refers to the divergence from the Church of Scotland of the Free Church of Scotland...
in the supply of any component required for compliance with the regulations; or - (B) a disruption in the use and installation by the manufacturer of such component.
- (3) CONSOLIDATION- The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature.
- (4) CONDITIONS- Any exemption granted under paragraph (2) shall be conditioned upon the manufacturer's commitment to recallRecallRecall may refer to:* Recollection, recall from memory* Product recall* Recall election* Letter to recall sent to return an ambassador from a country, either as a diplomatic protest or because the diplomat is being reassigned elsewhere and is being replaced by another envoy* Recall to employment...
the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. - (5) NOTICE- The Secretary shall publish in the Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
--- (A) notice of each application received from a manufacturer;
- (B) notice of each decision to grant or deny a temporary exemption; and
- (C) the reasons for granting or denying such exemptions.
- (d) Rulemaking- Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations as necessary to carry out this section.'.
- (A) a disruption
Sponsors
Rep John ShimkusJohn Shimkus
John Mondy Shimkus is the U.S. Representative for , serving since 1997. He is a member of the Republican Party....
[R-IL19] introduced the bill along with Rep Eliot Engel [NY-17]
Cosponsors
Rep Bartlett, Roscoe G.Roscoe Bartlett
Roscoe Gardner Bartlett, Ph.D. is the U.S. Representative for , serving since 1993. He is a member of the Republican Party, and a member of the Tea Party Caucus...
[MD-6]
Rep Berman, Howard L.
Howard Berman
Howard Lawrence Berman is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party. He earlier served in the California State Assembly from 1974 to 1982, and as the U.S...
[CA-28]
Rep Blumenauer, Earl
Earl Blumenauer
Earl Blumenauer is the U.S. Representative for , serving since 1996. He is a member of the Democratic Party. The district includes most of Portland east of the Willamette River. A native of Portland, he previously spent over 20 years as a public official representing the city.-Early...
[OR-3]
Rep Boswell, Leonard L.
Leonard Boswell
Leonard L. Boswell is the U.S. Representative for , serving since 1997. He is a member of the Democratic Party.The district is based in Des Moines.-Early life, education and career:...
[IA-3]
Rep Braley, Bruce L.
Bruce Braley
Bruce Braley is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. The district lies in northeastern Iowa and includes Davenport, Bettendorf, Cedar Falls, Waterloo, Dubuque, and Clinton....
[IA-1]
Rep Andre Carson
André Carson
André D. Carson is the U.S. Representative for , serving since the special election in 2008. He is a member of the Democratic Party....
[IN-7]
Rep Cole, Tom
Tom Cole
Thomas Jeffery Cole is the U.S. Representative for , serving since 2003. He is a member of the Republican Party. He is a Deputy Minority Whip. The chairman of the National Republican Congressional Committee from 2006 to 2008, he was, during his tenure, the fourth-ranking Republican leader in the...
[OK-4]
Rep Dold, Robert J. [IL-10]
Rep Engel, Eliot [NY-17]
Rep Israel, Steve
Steve Israel
Steve J. Israel is the U.S. Representative for , serving since 2001. He is a member of the Democratic Party. The district is located on Long Island and includes the towns of Huntington, Babylon, Islip, and Smithtown in Suffolk County, part of the town of Oyster Bay in Nassau County, and the...
[NY-2]
Rep Henry C. "Hank," Jr
Hank Johnson
Henry C. "Hank" Johnson Jr. is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. The district is based in DeKalb County, a largely suburban county east of Atlanta. It also includes portions of Gwinnett and Rockdale counties.-Life, education and...
. [GA-4]
Rep Loebsack, David
David Loebsack
David Wayne "Dave" Loebsack is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. The district is located in southeastern Iowa and includes Cedar Rapids, Iowa City and Ottumwa...
[IA-2]
Rep McDermott, Jim
Jim McDermott
James Adelbert "Jim" McDermott is the U.S. Representative for , serving since 1989. He is a member of the Democratic Party. The 7th District includes most of Seattle and Vashon Island, and portions of Shoreline, Lake Forest Park, Tukwila, SeaTac, and Burien.He serves on the House Ways and Means...
[WA-7]
Rep Peterson, Collin C.
Collin Peterson
Collin Clark Peterson , is the U.S. Representative for , serving since 1991, and the ranking member of the House Agriculture Committee. He is a member of the Democratic-Farmer-Labor Party and is the dean of the Minnesota congressional delegation.The district, Minnesota's largest and most rural...
[MN-7]
Rep Ross, Dennis
Dennis Ross
Dennis B. Ross is an American diplomat and author. He has served as the Director of Policy Planning in the State Department under President George H. W...
[FL-12]
Rep Schwartz, Allyson Y.
Allyson Schwartz
Allyson Young Schwartz is the U.S. Representative for , serving since 2005. She is a member of the Democratic Party. The district includes parts of Montgomery County and Northeast Philadelphia...
[PA-13]
Supporting Organization
Renewable Fuels AssociationRenewable Fuels Association
The Renewable Fuels Association is an American lobbying organization which promotes policies, regulations, and research and development initiatives that will lead to the increased production and use of ethanol fuel...
Set America Free
Energy Alternatives
Methanol Institute
American Coalition for Ethanol