U.S. Legislative News

FCC Moves to Revise Auto Safety Frequency Rules

On November 21, the Federal Communications Commission (FCC) released a draft proposal to open up a portion of the airwaves reserved for automotive safety technology, known as the 5.9 GHz Safety Band Spectrum, for use by other connectivity technologies, such as Wi-Fi and 5G. The remaining portion of the spectrum would be further divided between Dedicated Short Range Communications (DSRC) and Cellular Vehicle-to-Everything (C-V2X) technologies, as automakers have yet to adopt a single safety automotive safety technology standard.

The FCC is set to vote on officially releasing the proposal for public comments at an upcoming meeting on December 12. Several automakers and safety advocates have urged the FCC to postpone making any decision on spectrum allocation until comprehensive testing demonstrates that the use of other technologies does not interfere with automotive safety communications. The U.S. Department of Transportation has also maintained its position that the spectrum should continue to be set aside for automotive safety technology use.

NAFA is a member of the Safety Spectrum Coalition, which seeks to preserve the integrity of airwaves dedicated to automotive safety communication technologies. Coalition members are actively engaging with the FCC to highlight the potential risk this proposal poses to the development and implementation of these lifesaving technologies.

 

Government Shutdown Temporarily Averted 

The President recently signed a four-week continuing resolution (H.R. 3055) for government funding, which was passed by Congress as negotiations over funding for 2020 are ongoing. The short-term funding package moves the deadline for a possible government shutdown to December 20. 

Legislators have reportedly come to an agreement on top-line spending levels for 2020, which reduces the chance for a late December government shutdown. However, several contentious funding-related issues have yet to be resolved, and another short-term deal moving the completion of the funding process to early 2020 may be required.

 

Groups Look to Harmonize Language for Driver Assistance Tech

AAA, Consumer Reports, J.D. Power, and the National Safety Council have come together to issue recommendations for common naming terminology for Advanced Driver Assistance Systems (ADAS). The effort is an attempt to help inform consumers as to the different functions these systems may have and reduce overall confusion for drivers. The marketing of these technologies varies widely among various automakers, potentially making it difficult for consumers to determine what level of driver engagement is required to operate these assistive technologies.

The goal is to have manufacturers, as well as the press and the general public to adopt this more uniform set of labels. The groups also acknowledged that the list would likely be revised and updated as stakeholders weigh-in and as driver assistance technology advances.

 

Members of Congress Seek to End Renewable Fuel Standard

Rep. Peter Welch (D-VT) and Sen. Tom Udall (D-NM) introduced the Growing Renewable Energy through Existing and New Environmentally Responsible (GREENER) Fuels Act (H.R.5113/S.2873), legislation that would phase out corn ethanol blending mandates by 2031. However, the bill would still maintain blending production goals for cellulosic and other advanced biofuels until they reach a specific volume. The sponsors introduced the legislation due to concerns over the actual effectiveness of the corn ethanol blending mandates to produce environmental benefits.

The GREENER Fuels Act also would undo the Administration’s decision to allow the summertime sale of E-15 fuel and mandate that the EPA study the environmental impact of higher ethanol-blended fuel.

The legislation is supported by environmental groups who have grown skeptical of the RFS and believe that it has negatively impacted land and water resources throughout the U.S. Despite stakeholder support, the bill is unlikely to advance in Congress, as the RFS issue remains extremely contentious given varying regional interests between the energy and agricultural industries.

 

Green Tax Extenders Package

House Ways & Means Committee Democrats released a discussion draft for a clean energy tax package called the Growing Renewable Energy and Efficiency Now (GREEN) Act. They also released a section-by-section summary of the legislation. The package touches on several green energy-related issues, but of note for fleets, includes provisions related to the alternative fuels & biodiesel excise, alternative fuels infrastructure, and plug-in electric vehicle (EV) tax credits.

The discussion draft includes retroactive reinstatement of the various fuel excise tax credits and would extend them for several years until they are ultimately phased-out. The draft would also lift the cap on the plug-in EV tax credit to 600,000 vehicles per manufacturer. One new provision included in the draft would create a tax credit of up to $2,500 for consumers who are buying a used EV if they can meet specific income requirements.

The proposal is widely being viewed as a positioning piece of legislation, and unlikely to become law in its current form. However, it is possible that certain elements of the package could be included in tax provisions that are expected to advance alongside must-pass legislation, such as those that fund the government.

NAFA will be providing feedback to the committee on the draft language included in the proposal, noting the importance many of these tax credits have in terms of encouraging the adoption of automotive technology that produces efficiency and sustainability benefits.

 

Senate Committee Reignites Discussion on AVs

On November 20, the Senate Commerce, Science, and Transportation Committee held a hearing to learn more about the status of testing and deployment of highly autonomous vehicles. High-level transportation officials appeared before the committee, including the National Transportation Safety Board (NTSB) Chairman Robert Sumwalt, Acting DOT Under Secretary of Transportation for Policy Joel Szabat, and Acting National Highway Traffic Safety Administration (NTSA) Administrator Dr. James Owens.

Acting Administrator Owens encouraged the Committee to draft legislation that includes more exemptions for NHTSA to grant through its vehicle design regulations, the Federal Motor Vehicle Safety Standards. Some of the current design regulations are viewed as barriers to AV technology development. Chairman Sumwalt of the NTSB urged caution, and as the agency believes AV manufacturers need to be required to complete safety assessments on vehicles to adequately safeguard the public as they conduct testing.

The Committee is in the process of reviving draft legislation on self-driving cars, as the AV START Act (S.1885) that failed to be signed into law in the last session of Congress has yet to be reintroduced in the current session. Lawmakers are hoping to fine-tune their AV bill before introduction, to ensure that it is enacted as soon as possible.

NAFA supports efforts to improve the standards governing self-driving vehicle technology in a way that ensures public safety, as self-driving vehicle technology has enormous potential to reduce the number of injuries and fatalities associated with on-road accidents.