42 U.S.C. § 13212 — Minimum Federal fleet requirement

(a) General requirements: (1) The federal government had to acquire at least (A) 5,000 light duty alternative fueled vehicles in fiscal year 1993; (B) 7,500 in fiscal year 1994; and (C) 10,000 in fiscal year 1995. (2) The Secretary had to allocate these required purchases among agencies. (b) Percentage requirements: (1) Of all vehicles a "Federal fleet" acquired, at least (A) 25% had to be alternative fueled vehicles in fiscal year 1996; (B) 33% in 1997; (C) 50% in 1998; and (D) 75% in 1999 and every year after. (2) The Secretary, working with the Administrator of General Services where appropriate, could let one Federal fleet buy a lower percentage, as long as all Federal fleets combined still hit the required percentage. (3) A "Federal fleet" means 20 or more light duty vehicles, located in a metro area with a 1980 population over 250,000, that are centrally fueled or center-fuelable and controlled by a federal executive department, military department, government corporation, independent establishment, executive agency, the Postal Service, Congress, the federal courts, or the Executive Office of the President. It excludes (A) vehicles leased or rented to the public; (B) vehicles used for manufacturer testing; (C) law enforcement vehicles; (D) emergency vehicles; (E) military vehicles the Secretary of Defense certifies are exempt for national security; or (F) nonroad vehicles, including farm and construction vehicles. (c) Allocation of incremental costs: The General Services Administration, and any other agency that buys vehicles to hand out to other agencies, must spread the extra cost of alternative fueled vehicles (over comparable gasoline vehicles) across its entire distributed fleet, rather than charging it only to the agencies that get the alternative fueled vehicles. (d) Application of requirements: Section 6374's rules on federal acquisition of alternative fueled vehicles apply to vehicles acquired under this section too. (e) Resale: The Administrator of General Services must take all reasonably possible steps to make sure alternative fueled vehicles the government sells stay alternative fueled vehicles at the time of sale. (f) Vehicle emission requirements: (1) Definitions: (A) "Federal agency" here does not include any legislative branch office. (B) "Medium duty passenger vehicle" has the meaning given in 49 C.F.R. § 523.2, as it read on December 19, 2007. (2) Prohibition: (A) In general, except as (B) allows, no federal agency may acquire a light duty or medium duty passenger vehicle that is not a "low greenhouse gas emitting vehicle." (B) Exception: this ban does not apply if the agency head certifies, in writing, for each individual vehicle, either (i) that no low-emitting vehicle meets the agency's functional needs, explaining in writing which needs could not be met; or (ii) that the agency has instead taken specific, more cost-effective steps to cut petroleum use that (I) have already achieved greenhouse gas cuts at least as large as a low-emitting vehicle would have achieved over its lifetime, or (II) will achieve, every year, greenhouse gas cuts at least as large as a low-emitting vehicle would achieve each year. (3) Guidance: (A) Each year, the EPA Administrator must issue guidance listing the makes and models that count as low greenhouse gas emitting vehicles. (B) In picking those vehicles, the Administrator must consider the strictest enforceable vehicle greenhouse gas standards that apply anywhere vehicles are sold in the U.S. (C) The Administrator cannot list a vehicle as low-emitting if it emits more greenhouse gases per mile than its manufacturer's fleet-average standard allows for that vehicle class, accounting for any emissions allowances or adjustment factors those standards provide. (g) Authorization of appropriations: Congress may appropriate whatever is necessary for fiscal years 1993 through 1998 to carry out this section, and that money stays available until spent.