U.S. Legislative Issues

On March 19, 2015, Representative Rick Crawford (R-AR) and Sen. John Boozman (R- AR) introduced H.R.1467/S. 806, the Drug Free Commercial Driver Act of 2015, legislation that would allow trucking companies to opt out of Department of Transportation (DOT) required urinalysis testing if they use hair tests instead. Hair tests are considered more effective because evidence of drug use stays longer in hair than in urine, preventing users from briefly abstaining from drug use in order to "beat the test." In 2008, the Government Accountability Office highlighted the severity of these limitations in DOT’s current urine drug testing program.

Many fleets are already using hair tests, in addition to mandatory urine tests, to identify habitual drug users. However, because hair tests have not yet been accepted by DOT to meet federal testing requirements, a number of fleets have been deterred by the redundant costs of employing hair testing programs in addition to the DOT required urinalysis tests. This legislation would eliminate the need for duplicative testing should the fleet choose to test hair over urine. The Drug Free Commercial Driver Act of 2015 is supported by the American Trucking Association and the Trucking Alliance.



Senator Ron Wyden (D-OR), the ranking Democrat on the Senate Finance Committee, has sent a letter to the Internal Revenue Service (IRS) asking the agency to issue guidance to make clear that electric vehicle (EV) charging provided by employers is a de minimis fringe benefit. Wyden argues that employer-provided EV charging should not be considered employee income because it is so small and accounting for it would be unreasonable and administratively impractical.  

Due to the uncertainty regarding the tax treatment of workplace EV charging and concerns over the high cost of tracking charge usage, Wyden contends that employers are discouraged from participating in the EV Everywhere Workplace Charging Challenge, a voluntary initiative created by the Department of Energy to promote the development of charging infrastructure for the nation’s electric vehicles. "Promoting alternative vehicles and fuels is vital to our economy, our environment, and our national security," Wyden said in a statement. "The IRS needs to end the uncertainty for businesses who are eager to help grow this important piece of American infrastructure."



The President has issued an executive order requiring the federal government to reduce its direct greenhouse-gas (GHG) emissions by at least 40 percent over the next decade. The order also mandates that federal fleets cut per-mile GHG emissions by 30 percent by fiscal year (FY) 2025 and incorporate more zero-emission vehicles (ZEVs) and plug-in hybrid electric vehicles (PHEVs).

The order, issued on March 19, 2015, gives agency leads 90 days to propose percentage-reduction targets to the Council on Environmental Quality and the Office of Management and Budget. It also calls for regional coordination. Within 180 days, agencies such as the Environmental Protection Agency and the General Services Administration are required to convene regional inter-agency work groups to identify and address ways to meet the targets outlined in the President’s order. This includes sustainable operations of federal fleet vehicles, including identification and implementation of opportunities to use and share fueling infrastructure and logistical resources to support the adoption and use of alternative fuel vehicles, including E-85-compatible vehicles, ZEVs, PHEVs, and compressed natural gas vehicles. Each agency is to begin implementing the provisions in the order in FY 2016.

This is the third move by the Obama Administration to reduce the government’s fuel costs and greenhouse gas emissions. As of 2013, more than 200,000 of the federal government’s fleet of nearly 650,000 vehicles were alternative fuel vehicles, with a vast majority of these – more than 180,000 – qualifying due to their capability of running on an ethanol-gasoline mix.