,,ii #aadth ,,congress #b;d ,session ,s4 #bfjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjaf ,mr4 ,markey 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to deny corporate average fuel economy credits obtained through a violation of law1 establish an ,air ,quality ,restoration ,trust ,fund within the ,department of the ,treasury1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,compensating ,losses to the ,environment from ,automobiles with ,noxious ,undisclosed ,pollution ,act of #bjaf or the ,,cleanup ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,electric drive vehicle ,the term electric drive vehicle means a vehicle that-- 7,a7 7i7 is-- 7,i7 a light-duty vehicle 7as defined in section #hf4ahjc-ja of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 that draws motive power from a battery with a capacity of at least #d kilowatt-hours2 or 7,,ii7 a heavy-duty vehicle 7as defined in section #hf4ahjc-ja of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 with a gross vehicle weight rating-- 7aa7 greater than #h1ejj pounds and less than #ad1jjj pounds that draws motive power from a battery with a capacity of at least #aj kilowatt-hours2 7bb7 greater than #ad1jjj pounds but less than #cc1jjj pounds that draws motive power from a battery with a capacity of at least #ae kilowatt-hours2 or 7cc7 greater than #cc1jjj pounds that draws motive power from a battery with a capacity of at least #bj kilowatt-hours2 and 7ii7 can be recharged from an external source of electricity for motive power2 or 7,b7 is a motor vehicle 7as defined in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej77 that draws motive power from a fuel cell 7as defined in section #hjc of the ,spark ,m4 ,matsunaga ,hydrogen ,act of #bjje 7#db ,u4,s4,c4 #afaeb774 7#c7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state2 7,b7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b772 7,c7 a unit of local government2 or 7,d7 a group composed of not fewer than #b-- 7i7 ,states2 7ii7 ,indian tribes2 or 7iii7 units of local government4 7#d7 ,qualified electric drive vehicle infrastructure 7,a7 ,in general ,the term qualified electric drive vehicle infrastructure means any equipment or service that-- 7i7 supports the electric refueling needs of electric drive vehicles2 and 7ii7 serves smart grid functions 7as defined in section #acjf7;d7 the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf77 that optimize the integration of electric drive vehicles into the electric grid4 7,b7 ,inclusions ,the term qualified electric drive vehicle infrastructure includes any equipment or services described in subparagraph 7,a7 that is located in a public or private location1 including-- 7i7 a street parking location2 7ii7 a parking garage2 7iii7 a parking lot2 7iv7 a home2 7v7 a gas station2 and 7vi7 a highway rest stop4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 #c4 ,average fuel economy credits obtained by reason of violation of law 7a7 ,denial of credits ,section #cbijc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,denial of credits obtained by reason of violation of law ,if the ,secretary determines that a manufacturer has obtained credits under this section by reason of a practice that violates this title or title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq471 such credits shall not be available to the manufacturer4 4 7b7 ,additional civil penalty ,section #cbiab of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a71 by striking of this section and inserting or for each credit to be used in calculating a civil penalty under subsection 7f72 and 7,b7 in subparagraph 7,b71 by inserting or each credit1 as the case may be before the period at the end2 and 7#b7 by adding at the end the following3 7f7 ,civil penalty with respect to average fuel economy credits obtained by reason of violation of law ,in addition to any other penalty under this title and except as provided under subsection 7c71 a manufacturer that obtains credits under section #cbijc by reason of a practice that violates this title or title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is liable to the ,government for a civil penalty in an amount equal to #e multiplied by the number of such credits4 4 #d4 ,air ,quality ,restoration ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,air ,quality ,restoration ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of-- 7#a7 such amounts as are deposited in the ,trust ,fund under subsection 7b72 and 7#b7 any interest on1 and proceeds from1 any investment made under subsection 7d74 7b7 ,transfers ,the ,secretary shall deposit in the ,trust ,fund an amount equal to all administrative and civil penalties or other payments paid to the ,federal ,government after the date of enactment of this ,act in connection with any violation or alleged violation of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq474 7c7 ,availability ,amounts in the ,trust ,fund shall-- 7#a7 be available for expenditure to the extent and in the amounts provided in advance by appropriation ,acts solely for making expenditures under subsection 7f72 and 7#b7 remain available until expended1 without fiscal year limitation4 7d7 ,investment ,amounts in the ,trust ,fund shall be invested in accordance with section #igjb of title #ca1 ,united ,states ,code4 7e7 ,administration ,not later than #ahj days after the date of enactment of this ,act1 after providing notice and an opportunity for public comment1 the ,secretary1 in consultation with the ,administrator and the heads of any other relevant ,federal agency1 shall establish such procedures as the ,secretary determines to be necessary to deposit amounts in1 and expend amounts from1 the ,trust ,fund pursuant to this section1 including-- 7#a7 procedures to assess whether a project carried out under subsection 7f7 achieves compliance with applicable requirements1 including procedures by which the ,secretary may determine whether an expenditure pursuant to the project achieves compliance2 7#b7 auditing requirements to ensure that amounts in the ,trust ,fund are expended as intended2 and 7#c7 procedures for identification and allocation of funds available to the ,secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the ,trust ,fund4 7f7 ,use of funds ,amounts from the ,trust ,fund shall be available solely for making grants to eligible applicants to support projects that-- 7#a7 increase qualified electric drive vehicle infrastructure2 7#b7 retrofit school buses or heavy-duty fleets to reduce air emissions significantly2 7#c7 purchase hybrid or zero emissions school buses or heavy-duty vehicles2 7#d7 purchase electric drive vehicles for municipal fleets2 7#e7 provide public health grants to help track1 treat1 and reduce the number of air emissions-related illnesses1 such as asthma1 cardiovascular disease1 and lung cancer2 or 7#f7 provide grants for projects to improve air quality in low-income communities4