21st Century Transportation Fuels Act

I 116TH CONGRESS 1ST SESSION H. R. 4690 To amend title II of the Clean Air Act and title II of the Petroleum Marketing Practices Act with respect to high-octane fuels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 16, 2019 Mr. FLORES (for himself and Mr. SHIMKUS) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title II of the Clean Air Act and title II of the Petroleum Marketing Practices Act with respect to high-octane fuels, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘21st Century Transportation Fuels Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. TITLE I—HIGH-OCTANE FUEL Sec. 101. High efficiency vehicles. VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4690 IH Sec. 102. Octane disclosure. Sec. 103. 98 RON certification test fuel. Sec. 104. Octane sensitivity study. Sec. 105. Advertisement of price of 95 RON automotive fuel. TITLE II—RENEWABLE FUELS Subtitle A—Renewable Fuel Program Sec. 201. Updates and revisions to regulations. Sec. 202. Waivers. Sec. 203. Applicability. Sec. 204. State ethanol laws. Subtitle B—Ethanol Waivers Sec. 211. Reid vapor pressure. Sec. 212. E20. Subtitle C—Fueling Infrastructure Sec. 221. Performance standards for new E20 infrastructure. TITLE III—VEHICLE FUEL EFFICIENCY Sec. 301. Credits for exceeding average fuel economy standards. Sec. 302. Calculation of average fuel economy. Sec. 303. Rule of construction. TITLE I—HIGH-OCTANE FUEL 1 SEC. 101. HIGH EFFICIENCY VEHICLES. 2 (a) REQUIREMENTS.—Part A of title II of the Clean 3 Air Act (42 U.S.C. 7521 et seq.) is amended by adding 4 at the end the following new section: 5 ‘‘SEC. 220. OCTANE SPECIFICATION. 6 ‘‘(a) APPLICABILITY.—This section applies with re- 7 spect to any motor vehicle (other than a motorcycle) that 8 is introduced into commerce that— 9 ‘‘(1) is a light-duty vehicle or light-duty truck; 10 ‘‘(2) is a model year 2023 or later motor vehi- 11 cle; and 12 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4690 IH ‘‘(3) uses gasoline for propulsion or any other 1 operation of the motor vehicle, including the engine 2 thereof. 3 ‘‘(b) WARRANTY REQUIREMENTS.—The manufac- 4 turer of a motor vehicle described in subsection (a) shall 5 warrant to the ultimate purchaser and each subsequent 6 purchaser that each such motor vehicle is designed— 7 ‘‘(1) to operate with gasoline containing up to 8 and including 20 percent ethanol; and 9 ‘‘(2) to meet the design requirements under 10 subsection (c). 11 ‘‘(c) DESIGN REQUIREMENTS.—The manufacturer of 12 a motor vehicle described in subsection (a) shall— 13 ‘‘(1) design each such motor vehicle— 14 ‘‘(A) to operate using gasoline that has a 15 research octane number of 95 or higher; and 16 ‘‘(B) to improve fuel economy connected to 17 the use of gasoline that has a research octane 18 number of 95 or higher; and 19 ‘‘(2) incorporate into each such motor vehicle 20 devices or elements of design (including physical or 21 other barriers, devices, or technological systems) as 22 are determined by the Administrator to be— 23 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4690 IH ‘‘(A) necessary to prevent the introduction 1 of gasoline with a research octane number that 2 is lower than 95 into such motor vehicle; and 3 ‘‘(B) technically and economically feasible. 4 ‘‘(d) INFRASTRUCTURE REQUIREMENTS.—Any gaso- 5 line retailer selling gasoline for dispensing into motor vehi- 6 cles described in subsection (a) shall incorporate into the 7 retailer’s dispensing equipment such devices or elements 8 of design as are determined by the Administrator to be— 9 ‘‘(1) necessary for compatibility with the motor 10 vehicle design requirements under subsection (c)(2); 11 and 12 ‘‘(2) technically and economically feasible. 13 ‘‘(e) MISFUELING.— 14 ‘‘(1) PROHIBITIONS AGAINST TAMPERING AND 15 DEFEAT DEVICES FOR MOTOR VEHICLES.—In lieu of 16 applying section 203(a)(3) with respect to this sec- 17 tion, the following shall apply: 18 ‘‘(A) No person shall— 19 ‘‘(i) remove or render inoperative any 20 device or element of design installed on or 21 in a motor vehicle pursuant to subsection 22 (c)(2) prior to its sale and delivery to the 23 ultimate purchaser; or 24 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4690 IH ‘‘(ii) knowingly remove or render inop- 1 erative any such device or element of de- 2 sign after such sale and delivery to the ul- 3 timate purchaser. 4 ‘‘(B) No person shall manufacture or sell, 5 or offer to sell, or install, any part or compo- 6 nent intended for use with, or as part of, any 7 motor vehicle, where— 8 ‘‘(i) a principal effect of the part or 9 component is to bypass, defeat, or render 10 inoperative any device or element of design 11 installed on or in a motor vehicle pursuant 12 to subsection (c)(2); and 13 ‘‘(ii) the person knows or should know 14 that such part or component is being of- 15 fered for sale or installed for such use or 16 put to such use. 17 ‘‘(2) PROHIBITIONS AGAINST TAMPERING AND 18 DEFEAT DEVICES FOR DISPENSING EQUIPMENT.— 19 ‘‘(A) No person shall knowingly remove or 20 render inoperative any device or element of de- 21 sign incorporated into dispensing equipment 22 pursuant to subsection (d). 23 ‘‘(B) No person shall manufacture or sell, 24 or offer to sell, or incorporate into, any part or 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4690 IH component intended for use with, or as part of, 1 any dispensing equipment, where— 2 ‘‘(i) a principal effect of the part or 3 component is to bypass, defeat, or render 4 inoperative any device or element of design 5 incorporated into dispensing equipment 6 pursuant to subsection (d); and 7 ‘‘(ii) the person knows or should know 8 that such part or component is being of- 9 fered for sale or incorporated for such use 10 or put to such use. 11 ‘‘(3) LIMITATION ON LIABILITY.—A manufac- 12 turer of a motor vehicle, or a gasoline retailer, that 13 is in compliance with the requirements of this sec- 14 tion and the requirements of the Petroleum Mar- 15 keting Practices Act, shall not be liable under any 16 provision of this Act or any other Federal, State, or 17 local law, including common law, for damages— 18 ‘‘(A) to or caused by a motor vehicle de- 19 scribed in subsection (a); and 20 ‘‘(B) that would not have occurred but for 21 the introduction of gasoline with a research oc- 22 tane number that is lower than 95 into such 23 motor vehicle. 24 ‘‘(f) PREEMPTION.— 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4690 IH ‘‘(1) IN GENERAL.—No State or any political 1 subdivision thereof may adopt or continue in effect 2 any provision of law or regulation with respect to the 3 design of motor vehicles to operate using gasoline 4 with a certain octane content, or the corresponding 5 design of equipment for dispensing such gasoline 6 into such motor vehicles, unless such provision of 7 such law or regulation is the same as the cor- 8 responding provision in this section. 9 ‘‘(2) INVESTIGATIVE OR ENFORCEMENT AC- 10 TIONS.—A State or political subdivision thereof may 11 provide for any investigative or enforcement action, 12 remedy, or penalty (including procedural actions 13 necessary to carry out such investigative or enforce- 14 ment actions, remedies, or penalties) with respect to 15 any provision of law or regulation permitted by 16 paragraph (1). 17 ‘‘(g) ENFORCEMENT.— 18 ‘‘(1) VIOLATIONS.— 19 ‘‘(A) MANUFACTURER.—Any manufacturer 20 who violates subsection (b) or (c) shall be sub- 21 ject to a civil penalty of not more than $25,000. 22 Any such violation shall constitute a separate 23 offense with respect to each motor vehicle. 24 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4690 IH ‘‘(B) GASOLINE RETAILER.—Any gasoline 1 retailer who violates subsection (d) shall be sub- 2 ject to a civil penalty of not more than $2,500. 3 Any such violation shall constitute a separate 4 offense with respect to each dispensing equip- 5 ment. 6 ‘‘(C) MISFUELING.— 7 ‘‘(i) IN GENERAL.—Any person who 8 violates subsection (e) shall be subject to a 9 civil penalty of not more than $2,500. 10 ‘‘(ii) SEPARATE OFFENSES.—Any 11 such violation shall constitute a separate 12 offense with respect to— 13 ‘‘(I) each motor vehicle, for pur- 14 poses of paragraph (1)(A) of such 15 subsection; 16 ‘‘(II) each dispensing equipment, 17 for purposes of paragraph (2)(A) of 18 such subsection; and 19 ‘‘(III) each part or component, 20 for purposes of paragraph (1)(B) or 21 (2)(B) of such subsection. 22 ‘‘(2) CIVIL ACTIONS; ADMINISTRATIVE ASSESS- 23 MENT OF CERTAIN PENALTIES.—The provisions of 24 subsections (b) and (c) of section 205 shall apply 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4690 IH with respect to a violation of subsection (b), (c), (d), 1 or (e) of this section to the same extent and in the 2 same manner as such provisions apply with respect 3 to a violation of section 203(a)(3). 4 ‘‘(h) CONSULTATION.— 5 ‘‘(1) IN GENERAL.—In promulgating regula- 6 tions to carry out this section, the Administrator 7 shall consult with persons to be regulated under this 8 section. 9 ‘‘(2) CERTAIN DESIGN REQUIREMENTS.—In 10 promulgating regulations to carry out subsection 11 (c)(2), the Administrator shall consult with the Sec- 12 retary of Transportation in addition to the persons 13 described in paragraph (1). 14 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec- 15 tion shall be construed to relieve a person regulated under 16 this section of any obligation to comply with requirements 17 imposed by provisions of Federal law other than this sec- 18 tion, except to the extent that such requirements are in 19 conflict with this section.’’. 20 (b) DEFINITIONS.—Section 216 of the Clean Air Act 21 (42 U.S.C. 7550) is amended— 22 (1) in paragraph (1), by striking ‘‘and 208’’ 23 and inserting ‘‘208, and 220’’; and 24 (2) by adding at the end the following: 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4690 IH ‘‘(12) RESEARCH OCTANE NUMBER.—The term 1 ‘research octane number’ has the meaning given 2 such term in section 201 of the Petroleum Mar- 3 keting Practices Act.’’. 4 (c) REGULATIONS.— 5 (1) PROMULGATION.—The Administrator of the 6 Environmental Protection Agency shall— 7 (A) not later than 18 months after the 8 date of enactment of this Act, propose regula- 9 tions to carry out the amendments made by this 10 section; and 11 (B) not later than 36 months after such 12 date of enactment, finalize regulations to carry 13 out the amendments made by this section. 14 (2) FAILURE TO PROMULGATE.—Beginning on 15 the deadline in paragraph (1)(B) for finalizing regu- 16 lations pursuant to such paragraph, until the Ad- 17 ministrator finalizes such regulations, the Adminis- 18 trator is deemed— 19 (A) to have determined under section 20 220(c)(2) of the Clean Air Act, as added by 21 subsection (a) of this section, that each manu- 22 facturer of a motor vehicle subject to such sec- 23 tion 220(c)(2) shall incorporate a restrictor as- 24 sembly into the vehicle’s fuel filler tube so as to 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4690 IH accept only a filling nozzle described in sub- 1 paragraph (B); and 2 (B) to have determined under section 3 220(d) of such Act that the diameter of each 4 filling nozzle used by a gasoline retailer for dis- 5 pensing gasoline with a research octane number 6 of 95 or higher into a motor vehicle subject to 7 such section 220(c) shall not exceed 0.77 8 inches. 9 SEC. 102. OCTANE DISCLOSURE. 10 (a) HIGH EFFICIENCY FUELS.—Title II of the Petro- 11 leum Marketing Practices Act (15 U.S.C. 2821 et seq.) 12 is amended by adding at the end the following: 13 ‘‘SEC. 206. HIGH EFFICIENCY FUEL AND VEHICLE MAR- 14 KETING REQUIREMENTS. 15 ‘‘(a) RULE.—The Federal Trade Commission shall, 16 by rule, and in consultation with persons to be regulated 17 under this section, consumer advocates, and other stake- 18 holders, as appropriate— 19 ‘‘(1) prescribe or revise requirements under this 20 title relating to the certification, display, and rep- 21 resentation of the automotive fuel rating of an auto- 22 motive fuel as necessary to carry out— 23 ‘‘(A) the requirement under subsection (b); 24 and 25 VerDate Sep 11 2014 03:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4690.IH H4690 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4690 IH ‘‘(B) any determination made under sub- 1 section (c); 2 ‘‘(2) make the determination required under 3 subsection (c); and 4 ‘‘(3) prescribe requirements under subsection 5 (d). 6 ‘‘(b) REQUIREMENT.—The Federal Trade Commis- 7 sion shall require that, for purposes of this title, effective 8 January 1, 2023, the automotive fuel rating of an auto- 9 motive fuel with a research octane number of 95 or higher 10 be determined only by the research octane number of such 11 automotive fuel. 12 ‘‘(c) DETERMINATION.—The Federal Trade Commis- 13 sion shall determine whether, for purposes of this title, 14 effective January 1, 2023, the automotive fuel rating of 15 an automotive fuel with a research octane number that 16 is lower than 95 should be determined only by the research 17 octane number of such automotive fuel. 18 ‘‘(d) LABELING.— 19 ‘‘(1) IN GENERAL.—The Federal Trade Com- 20 mission shall prescribe requirements— 21 ‘‘(A) as the Federal Trade Commission de- 22 termines necessary with respect to a display at 23 the poi [Text truncated for display. 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