U.S. Legislative News

Senators Introduce Bill to Help Curb Drunk Driving

Sens. Tom Udall (D-N.M.) and Rick Scott (R-Fla.) have introduced the Reduce Impaired Driving for Everyone (RIDE) Act (S.2604), legislation to promote research and development of advanced alcohol detection technology and to require that such technology is present in new motor vehicles. Rep. Debbie Dingell (D-Mich.) introduced similar legislation in the House, the HALT Act (H.R.4354), in September. Driver alcohol detection systems detect whether a driver is impaired over the legal limit and, if so, prevents that driver from starting the car.

If enacted, the RIDE Act would create a pilot program for fleet deployment of this type of technology in vehicles through state and local government fleets, as well as private sector fleets. The sponsors have also released a summary of the legislation. The RIDE Act is supported by groups such as Advocates for Highway & Auto Safety, Mothers Against Drunk Driving (MADD), and the National Safety Council.

 

EPA Issues Supplemental Notice on RFS Blending Quotas

The Environmental Protection Agency (EPA) recently unveiled a supplemental plan to address the fall in biofuel demand, which some believe has come as a result of small refineries being granted exemptions from blending volume requirements under the Renewable Fuel Standard (RFS). In the past, many waivers have been issued after the agency sets its biofuel requirements for the coming year, but the shortfall of volume has not been redistributed to other compliance-bound entities to make up. 

However, the supplemental plan is drawing opposition from both the biofuels industry and refiners, as the former believes the volume calculations are misleading and do not go far enough, and the latter opposes any form of volume burden reallocation. With a November 30 deadline to finalize the 2020 RFS, the proposed 2020 volumes released this past summer will likely go into effect before any supplemental plan addressing the issue of exemptions can be implemented.

The House Energy & Commerce Committee held a hearing on October 29 to discuss the Administration’s purported overuse of small refiner exemption waivers. Democratic members of the committee felt that the uptick in RFS exemptions issued by the EPA during the Trump Administration was a deliberate undermining of RFS goals. The committee also discussed H.R.3006, the Renewable Fuel Standard Integrity Act of 2019, legislation that would require refiners to ask for RFS exemptions by June 1 and for information included in the petitions to be publicly disclosed.

 

House Committee Examines Actions on Fuel Economy and Vehicle Emission Standards

The House Oversight and Reform Committee’s Environment Subcommittee held a hearing on October 29, on the Administration’s efforts to maintain national fuel economy and emissions standards at 2020 levels for model year 2021-2026 cars and light trucks. NHTSA/EPA recently published part one of their SAFE Vehicles Rule, which clarifies that federal law preempts state and local tailpipe GHG emissions standards and zero-emission vehicle (ZEV) mandates. The rule also notes that the EPA is withdrawing the Clean Air Act (CAA) preemption waiver it granted to California in 2013 for its GHG and ZEV programs.

Democratic members of the committee were highly critical of the Administration’s attempts to advance this regulatory effort, and largely in support of the State of California’s position that the Administration does not have the authority to take away their standard-setting authority. The hearing comes shortly after an October 25 decision by a federal appeals court that dismissed challenges brought by California against the EPA on part one of the SAFE Vehicle Rule, as the judges felt the rule had not yet been finalized. NAFA supports unified national CAFE and GHG standards that encourage sustainability and auto industry stability.

 

House Surface Transportation Bill Possibly Released by End-of-Year

Chairman of the House Transportation & Infrastructure Committee, Rep. Peter DeFazio, is reportedly moving forward in the drafting process for a large surface transportation funding reauthorization package. Chairman DeFazio is aiming to release the bill by the end of the year, and have it marked up by the committee sometime at the beginning of 2020. While the Senate Environment & Public Works Committee advanced a bipartisan surface transportation reauthorization package in the summer (S.2302), a package like S.2302 has yet to emerge from the House. Additionally, while Chairman DeFazio said they would be keeping Republicans on the Committee up to date on a package, he is not trying to work with them due to their reported reactions to some of the climate provisions included in the Senate’s legislation. 

NAFA supports a multi-year surface transportation reauthorization and will continue to be engaged in the drafting process to ensure that provisions of importance to fleets are included in Chairman DeFazio’s anticipated legislation.

 

Top Senate Democrat Touts Car Swap Plan to Bolster Electric Vehicles

Senate Minority Leader Chuck Schumer (D-N.Y.) is seeking to create a $454 billion “cash-for-clunkers” type of program that would provide vouchers for individuals to trade in gas-powered cars for plug-in electric, plug-in hybrid, or fuel-cell-powered cars. His Clean Cars for America plan would be included in a broader climate package Senator Schumer has promised to introduce if Democrats gain control of the Senate following the 2020 elections. Senator Schumer estimated that average voucher would be worth more than $3,000 and that the plan would result in 63 million fewer gas-powered cars on the road by 2030. Of note, $45 billion of the program would go towards deploying charging infrastructure, and $17 billion would go towards incentivizing more electric vehicle-related manufacturing in the U.S.

 

Congressional Budget Office Weights Mileage Tax on Commercial Vehicles

The Congressional Budget Office (CBO) has released a report on imposing a tax on vehicle-miles-traveled (VMT) by commercial trucks. This sort of fee is seen as one potential option to bring in revenue that could correct recent imbalances in Highway Trust Fund (HTF) spending that has sent the HTF on a path towards projected insolvency by 2022.

While some states have already begun levying these fees at the state level, many lingering questions regarding scope, administration, collection, and enforcement associated with implementing a federal VMT tax on commercial trucks have yet to be resolved. Federal lawmakers are expected to consider these types of issues as the HTF shortfall increases, and the current surface transportation authorization, the FAST Act, expires at the end of September 2020.

The CBO report found that imposing a 7.5-cent tax for every mile a commercial truck travels would generate enough new revenue to replace the Highway Trust Fund taxes that truck owners now pay and cover the industry’s share of the fund’s current shortfall. The report also found that the cost to the government of implementing a VMT tax on commercial trucks would be higher than the price of administering the current diesel fuel-excise taxes.

NAFA believes that any VMT-related policy should be fully tested and piloted to understand the various impact this kind of road user-fee change may have on a variety of stakeholders.