Sec. 101. High efficiency vehicles
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Part A of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq.) is amended by adding at the end the following new section: This section applies with respect to any motor vehicle (other than a motorcycle) that is introduced into commerce that— is a light-duty vehicle or light-duty truck; is a model year 2023 or later motor vehicle; and uses gasoline for propulsion or any other operation of the motor vehicle, including the engine thereof. The manufacturer of a motor vehicle described in subsection
(a)shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed— to operate with gasoline containing up to and including 20 percent ethanol; and to meet the design requirements under subsection (c). The manufacturer of a motor vehicle described in subsection
(a)shall— design each such motor vehicle— to operate using gasoline that has a research octane number of 95 or higher; and to improve fuel economy connected to the use of gasoline that has a research octane number of 95 or higher; and incorporate into each such motor vehicle devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— necessary to prevent the introduction of gasoline with a research octane number that is lower than 95 into such motor vehicle; and technically and economically feasible. Any gasoline retailer selling gasoline for dispensing into motor vehicles described in subsection
(a)shall incorporate into the retailer’s dispensing equipment such devices or elements of design as are determined by the Administrator to be— necessary for compatibility with the motor vehicle design requirements under subsection (c)(2); and technically and economically feasible. In lieu of applying section 203(a)(3) with respect to this section, the following shall apply: No person shall— remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (c)(2) prior to its sale and delivery to the ultimate purchaser; or knowingly remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser. No person shall manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle, where— a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (c)(2); and the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use. No person shall knowingly remove or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection (d). No person shall manufacture or sell, or offer to sell, or incorporate into, any part or component intended for use with, or as part of, any dispensing equipment, where— a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection (d); and the person knows or should know that such part or component is being offered for sale or incorporated for such use or put to such use. A manufacturer of a motor vehicle, or a gasoline retailer, that is in compliance with the requirements of this section and the requirements of the Petroleum Marketing Practices Act, shall not be liable under any provision of this Act or any other Federal, State, or local law, including common law, for damages— to or caused by a motor vehicle described in subsection (a); and that would not have occurred but for the introduction of gasoline with a research octane number that is lower than 95 into such motor vehicle. No State or any political subdivision thereof may adopt or continue in effect any provision of law or regulation with respect to the design of motor vehicles to operate using gasoline with a certain octane content, or the corresponding design of equipment for dispensing such gasoline into such motor vehicles, unless such provision of such law or regulation is the same as the corresponding provision in this section. A State or political subdivision thereof may provide for any investigative or enforcement action, remedy, or penalty (including procedural actions necessary to carry out such investigative or enforcement actions, remedies, or penalties) with respect to any provision of law or regulation permitted by paragraph (1). Any manufacturer who violates subsection
(b)or
(c)shall be subject to a civil penalty of not more than $25,000. Any such violation shall constitute a separate offense with respect to each motor vehicle. Any gasoline retailer who violates subsection
(d)shall be subject to a civil penalty of not more than $2,500. Any such violation shall constitute a separate offense with respect to each dispensing equipment. Any person who violates subsection
(e)shall be subject to a civil penalty of not more than $2,500. Any such violation shall constitute a separate offense with respect to— each motor vehicle, for purposes of paragraph (1)(A) of such subsection; each dispensing equipment, for purposes of paragraph (2)(A) of such subsection; and each part or component, for purposes of paragraph (1)(B) or (2)(B) of such subsection. The provisions of subsections
(b)and
(c)of section 205 shall apply with respect to a violation of subsection (b), (c), (d), or
(e)of this section to the same extent and in the same manner as such provisions apply with respect to a violation of section 203(a)(3). In promulgating regulations to carry out this section, the Administrator shall consult with persons to be regulated under this section. In promulgating regulations to carry out subsection (c)(2), the Administrator shall consult with the Secretary of Transportation in addition to the persons described in paragraph (1). Nothing in this section shall be construed to relieve a person regulated under this section of any obligation to comply with requirements imposed by provisions of Federal law other than this section, except to the extent that such requirements are in conflict with this section. . Section 216 of the Clean Air Act ( 42 U.S.C. 7550 ) is amended— in paragraph (1), by striking and 208 and inserting 208, and 220 ; and by adding at the end the following: The term research octane number has the meaning given such term in section 201 of the Petroleum Marketing Practices Act. . The Administrator of the Environmental Protection Agency shall— not later than 18 months after the date of enactment of this Act, propose regulations to carry out the amendments made by this section; and not later than 36 months after such date of enactment, finalize regulations to carry out the amendments made by this section. Beginning on the deadline in paragraph (1)(B) for finalizing regulations pursuant to such paragraph, until the Administrator finalizes such regulations, the Administrator is deemed— to have determined under section 220(c)(2) of the Clean Air Act, as added by subsection
(a)of this section, that each manufacturer of a motor vehicle subject to such section 220(c)(2) shall incorporate a restrictor assembly into the vehicle’s fuel filler tube so as to accept only a filling nozzle described in subparagraph (B); and to have determined under section 220(d) of such Act that the diameter of each filling nozzle used by a gasoline retailer for dispensing gasoline with a research octane number of 95 or higher into a motor vehicle subject to such section 220(c) shall not exceed 0.77 inches.
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