Pub. L. 110-140, tit. I, subtit. A, sec. 102
AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER VEHICLES.
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER VEHICLES.(a) Increased Standards.—Section 32902 of title 49, United States Code, is amended—(1) in subsection (a)—(A) by striking “Non-Passenger Automobiles.—” and inserting “Prescription of Standards by Regulation.—”;(B) by striking “(except passenger automobiles)” in subsection (a); and(C) by striking the last sentence;(2) by striking subsection (b) and inserting the following:“(b) Standards for Automobiles and Certain Other Vehicles.—121 STAT. 1499“(1) In general.—The Secretary of Transportation, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—“(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;“(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and“(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).“(2) Fuel economy standards for automobiles.—“(A) Automobile fuel economy average for model years 2011 through 2020.—The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.“(B) Automobile fuel economy average for model years 2021 through 2030.—For model years 2021 through 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles manufactured for sale in the United States shall be the maximum feasible average fuel economy standard for each fleet for that model year.“(C) Progress toward standard required.—In prescribing average fuel economy standards under subparagraph (A), the Secretary shall prescribe annual fuel economy standard increases that increase the applicable average fuel economy standard ratably beginning with model year 2011 and ending with model year 2020.“(3) Authority of the secretary.—The Secretary shall—“(A) prescribe by regulation separate average fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and“(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more than 5, model years.“(4) Minimum standard.—In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall also meet the minimum standard for domestically manufactured passenger automobiles, which shall be the greater of—“(A) 27.5 miles per gallon; or“(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal 121 STAT. 1500 Register when the standard for that model year is promulgated in accordance with this section.”; and(3) in subsection (c)—(A) by striking “(1) Subject to paragraph (2) of this subsection, the” and inserting “The”; and(B) by striking paragraph (2).(b) Fuel Economy Standard for Commercial Medium-Duty and Heavy-Duty On-Highway Vehicles and Work Trucks.—Section 32902 of title 49, United States Code, is amended by adding at the end the following:“(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Trucks.—“(1) Study.—Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and determine—“(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks;“(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used;“(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and“(D) such other factors and conditions that could have an impact on a program to improve commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency.“(2) Rulemaking.—Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty on-highway vehicles and work trucks. The Secretary may prescribe separate standards for different classes of vehicles under this subsection.“(3) Lead-time; regulatory stability.—The commercial medium- and heavy-duty on-highway vehicle and work truck fuel economy standard adopted pursuant to this subsection shall provide not less than—121 STAT. 1501“(A) 4 full model years of regulatory lead-time; and“(B) 3 full model years of regulatory stability.”.