42 U.S.C. § 13257 — Fleet requirement program

(a) Fleet program purchase goals: (1) Except as provided in paragraph (2), fleets — other than a Federal fleet, State^* fleet, or a fleet already controlled by a company covered under section 13251 of this title — must buy alternative-fuel vehicles as a rising share of new light-duty vehicles: 20 percent in model years 1999 through 2001, 30 percent in 2002, 40 percent in 2003, 50 percent in 2004, 60 percent in 2005, and 70 percent in 2006 and every year after. (2) The Secretary^* cannot set the percentage any higher than those numbers. The Secretary may, through a rule under subsection (b), set a lower percentage for any model year, and may push the starting date later than 1998 (model year 1999). (3) The Secretary must publish an advance notice of proposed rulemaking to: (A) check progress toward the replacement-fuel goals in section 13252(b)(2) of this title, as modified under section 13254; (B) identify problems reaching those goals; (C) judge whether the goals are realistic and workable; and (D) consider what actions are needed to reach them. The Secretary must hold at least 3 regional hearings on this notice, with official transcripts kept, and the comment period must wrap up within 7 months of publication. (4) After that advance notice process, the Secretary must publish a proposed rule in the Federal Register for the rule required under subsection (b), with a public comment period, including hearings, of at least 90 days.

(b) Early rulemaking: Not earlier than 1 year after October 24, 1992, and after completing subsection (a)'s steps, the Secretary must start a rulemaking to decide whether a fleet requirement program starting in 1998 (model year 1999) — or a later date chosen under subsection (a) — is actually necessary. Any rule issued must set the annual percentage matching subsection (a)(1), and no such rule can be issued, and take effect, after December 15, 1996. A fleet program counts as "necessary," and must be adopted by rule, only if the Secretary finds all of the following: (A) the 30-percent-by-2010 replacement-fuel goal in section 13252(b)(2)(B) of this title (as modified under section 13254) won't actually be met by 2010, or whatever later date applies, through voluntary action or other law alone, considering how the earlier 10-percent-by-2000 goal in section 13252(b)(2)(A) is going; (B) that goal is realistic and genuinely achievable within the deadlines in section 13252(b)(2) by combining a fleet program with voluntary efforts and other relevant programs; and (C) by 1998 (model year 1999) or whatever date the Secretary sets: (i) there's enough evidence that the needed fuel and infrastructure — supply and delivery systems — will be built, conveniently located, and fully working by the time the rule takes effect, reliably and affordably compared to conventional fuel, shown through the voluntary commitments described in section 13255(1) of this title or other convincing agreements; (ii) enough new alternative-fuel vehicles from original manufacturers will exist that meet the Clean Air Act and chapter 301 of title 49; (iii) those vehicles will meet the fleets' actual performance needs — range, cargo or passenger capacity, reliability, refueling, vehicle mix, and reasonable cost to run and maintain; and (iv) starting a fleet program won't create unfair competitive advantages or disadvantages, or an unreasonable economic burden, for the fleets affected. The Secretary cannot issue a rule under this subsection unless the Secretary can affirmatively make every one of these findings, including all four points under (C). If the Secretary decides a program isn't necessary here, then subsection (e)'s process applies to any future consideration of a fleet program, and this rulemaking's record and findings carry over into that later rulemaking. If the Secretary does decide the program is necessary here, the Secretary skips the later rulemaking under subsection (e).

(c) Advance notice of proposed rulemaking: By April 1, 1998, the Secretary must publish another advance notice of proposed rulemaking, again to evaluate progress toward the goals, identify problems, judge whether the goals are realistic, and consider what actions are needed — following the same process (at least 3 regional hearings with transcripts, comment period wrapping up within 7 months) as under subsection (a)(3).

(d) Proposed rule: Before May 1, 1999, the Secretary must publish a proposed rule for the rule required under subsection (g), with a public comment period, including hearings, of at least 90 days.

(e) Determination: By January 1, 2000, the Secretary must, through the rule required by subsection (g), decide whether a fleet requirement program is necessary, using the same two findings described in subsection (b) — that the 2010 goal won't be met without such a program, and that it's realistically achievable with one. Any rule under subsection (b) or (g) must also update the goal in section 13252(b)(2)(B) of this title, setting a new one under section 13254 of this title, if the Secretary decides the current goal is inadequate, unworkable, or unlikely to be met. If the Secretary changes the goal this way, the Secretary may also change the percentages in subsection (a)(1) or (g)(1) — but the lowest allowed percentage under subsection (a)(2) or (g)(2) cannot drop below 10 percent.

(f) Explanation of determination that fleet requirement program is not necessary: If the Secretary decides, under subsection (b) or (e), that a fleet program isn't necessary, the Secretary must publish that decision in the Federal Register as a final action — by December 15, 1996, for a decision under subsection (b), or by January 1, 2000, for a decision under subsection (e) — explaining the findings and reasoning behind it.

(g) Fleet requirement program: If the Secretary decides under subsection (e) that a fleet program is necessary, the Secretary must, by January 1, 2000, issue a rule requiring these rising percentages of new light-duty vehicles bought for covered fleets (again excluding Federal fleets, State fleets, and fleets already covered under section 13251): 20 percent in model year 2002, 40 percent in 2003, 60 percent in 2004, and 70 percent in 2005 and after. As with subsection (a), the Secretary cannot set the percentage higher than these numbers, may set a lower one by rule, and may delay the 2002 (model year 2003) starting point. Nothing in this subchapter forces any fleet to buy alternative-fuel vehicles or fuels that don't fit its normal business needs. A vehicle that runs only on gasoline and meets Clean Air Act requirements does not count as an "alternative fueled vehicle" under subsection (b) or (g) — except that the Secretary, as part of a rule under those subsections, may decide such a vehicle should count anyway for fleets covered by part C of title II of the Clean Air Act, weighing the impact on energy security and the goals in section 13252(a).

(h) Extension of deadlines: The Secretary may, by notice in the Federal Register, push back the deadlines in subsections (e), (f)(2), and (g) by up to 90 additional days if unable to meet them. That extension cannot be challenged in court.

(i) Exemptions: A rule issued under subsection (b), (g), or (o) must provide a quick, simple process for the Secretary to exempt a fleet from all or part of those requirements if it's shown that: (A) alternative-fuel vehicles that fit the fleet owner's normal business needs aren't reasonably available to buy; (B) alternative fuel that fits those normal business needs isn't available where the vehicles operate; or (C) for state and local government fleets, following the requirement would cause unreasonable financial hardship. Also, private fleets whose vehicles are normally kept overnight at personal homes are automatically exempt from subsections (b) and (g).

(j) Conversions: Nothing in this subchapter forces a fleet owner^* to acquire vehicles converted to alternative fuel.

(k) Inclusion of law enforcement vehicles and urban buses: (1) The Secretary may, by rule, add law-enforcement vehicle fleets to the fleet program under subsection (g) if doing so would help meet the 2010 goal and wouldn't interfere with using those vehicles for law enforcement — but the Secretary can only do this once. (2) Similarly, the Secretary may, by rule, add new urban buses (as the EPA Administrator^* defines them under the Clean Air Act) to the program if it would help meet the goal and is consistent with energy security and encouraging wider public use of urban buses, considering the effect on public transit agencies — again, only through one rulemaking. (3) These two rulemakings must be separate from the rulemaking under subsection (g), but can't happen unless a subsection (g) rulemaking has already happened.

(l) Consideration of factors: In running this section, the Secretary must weigh energy security, cost, safety, how much lead time is needed, annual vehicle miles traveled, effects on greenhouse gases, whether the technology is actually feasible, energy needs, economic effects (including on workers), effects on consumers — including people using alternative fuel for homes, farming, industrial processes, or other non-fuel uses — and on fleets, how available alternative fuels and vehicles are, and any other relevant factors.

(m) Consultation and participation of other Federal agencies: While carrying out this section and section 13256 of this title, the Secretary must consult the Secretary of Transportation, the EPA Administrator, and other relevant federal agencies, and must let the Secretary of Transportation and the Administrator take part in developing and issuing the rule, including in the public comment process.

(n) Petitions: As part of any rule issued under subsection (b) or (g), the Secretary must create a process letting any fleet owner, operator, or vehicle manufacturer ask the Secretary to modify or suspend a fleet requirement program — nationally, regionally, or for one fleet area — if they can show that the fuel or delivery infrastructure for a particular alternative fuel isn't adequate for a fleet's needs. If a regional modification or suspension would hurt the program's nationwide consistency, or would meaningfully shrink the economies of scale needed to produce alternative-fuel vehicles or fuels, the Secretary may only modify or suspend the program nationwide instead. This process must include public notice and hearings, and the Secretary must grant or deny each petition within 180 days of filing.

(o) Mandatory State fleet programs: (1) Under a rule the Secretary issues, starting in calendar year 1995 (model year 1996), rising percentages of new light-duty vehicles bought each year for State government fleets (including their agencies, but not municipal fleets) must be alternative-fuel vehicles: 10 percent in model year 1996, 15 percent in 1997, 25 percent in 1998, 50 percent in 1999, and 75 percent in 2000 and after. (2)(A) Within 18 months after October 24, 1992, the Secretary must issue a rule letting a State submit, within 12 months of that rule, a plan for its light-duty alternative-fuel vehicle purchases to meet the percentages in paragraph (1). The plan can rely on voluntary conversion or acquisition — beyond what this subchapter otherwise requires — of vehicles by State, local, or private fleets, in numbers at least equal to the State's required alternative-fuel vehicles under paragraph (1). (B) If the Secretary approves the plan, the State can use it instead of meeting the yearly percentages only by buying new State-owned vehicles. Every conversion or acquisition counted under the plan must be voluntary and must follow the requirements of section 247 of the Clean Air Act and applicable safety rules. Within 3 years of enactment, the Secretary of Transportation must issue safety standards for all these conversions, consistent with chapter 301 of title 49.