,,ii #aaeth ,,congress #b;d ,session ,s4 #cffd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bh1 #bjah ,mr4 ,merkley 7for himself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,clean ,air ,act to create a national zero-emission vehicle standard1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,zero-,emission ,vehicles ,act of #bjah4 #b4 ,national zero-emission vehicle standard 7a7 ,national zero-,emission vehicle standard ,part ,a of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is amended by adding at the end the following3 #bbj4 ,national zero-emission vehicle standard 7a7 ,definitions ,in this section3 7#a7 ,base quantity of new passenger vehicle sales ,the term base quantity of new passenger vehicle sales means the total quantity of new passenger vehicles sold by a vehicle manufacturer during the most recent calendar year4 7#b7 ,passenger vehicle ,the term passenger vehicle has the meaning given the term passenger motor vehicle in section #cbaja of title #di1 ,united ,states ,code4 7#c7 ,qualified electric vehicle ,the term qualified electric vehicle means a passenger vehicle that is-- 7,a7 a new qualified hybrid motor vehicle 7as defined in section #cj;,b7d77#c7 of the ,internal ,revenue ,code of #aihf72 or 7,b7 a new qualified plug-in electric drive motor vehicle 7as defined in section #cj;,d7d7 of the ,internal ,revenue ,code of #aihf74 7#d7 ,retire ,the term retire1 with respect to a zero-emission vehicle credit1 means to disqualify the zero-emission vehicle credit for any subsequent use under this section1 including sale1 transfer1 exchange1 or submission in satisfaction of a compliance obligation4 7#e7 ,vehicle manufacturer 7,a7 ,in general ,the term vehicle manufacturer means an entity that-- 7i7 engaged in the manufacturing of new passenger vehicles2 and 7ii7 sold not fewer than #ajj new passenger vehicles to ultimate purchasers1 either directly or through an affiliate1 such as a dealer4 7,b7 ,exclusions ,the term vehicle manufacturer does not include-- 7i7 a motor vehicle parts supplier2 or 7ii7 a dealer4 7#f7 ,zero-emission vehicle ,the term zero-emission vehicle means a passenger vehicle that produces zero exhaust emissions of any criteria pollutant1 precursor pollutant1 or greenhouse gas in any mode of operation or condition1 as determined by the ,administrator4 7b7 ,compliance ,for calendar year #bjcj and each calendar year thereafter1 each vehicle manufacturer shall meet the requirements of subsections 7c7 and 7d7 by submitting to the ,administrator1 not later than ,april #a of the following calendar year1 as applicable-- 7#a7 for a vehicle manufacturer that fails to meet the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year1 as determined under subsection 7c71 a quantity of zero-emission vehicle credits sufficient to offset that excess1 as determined by the ,administrator2 or 7#b7 for a vehicle manufacturer that meets or exceeds the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year1 as determined under subsection 7c71 a certification of that compliance1 as the ,administrator determines to be appropriate4 7c7 ,minimum required annual percentage of new zero-,emission vehicle sales ,for calendar years #bjcj through #bjdj1 in annual increments1 the minimum annual percentage of the base quantity of new passenger vehicle sales of a vehicle manufacturer that shall be zero-emission vehicles1 or otherwise credited towards the percentage requirement pursuant to subsection 7e71 shall be the applicable percentage specified in the following table3 ,minimum ,required ,annual ,percentage of ,new ,zero-,emission ,vehicle ,sales,calendar ,year,percentage#bjcjej4jbjcaee4jbjcbfj4 jbjccfe4jbjcdgj4jbjcege4jbjcfhj4jbjcghe4 jbjchij4jbjciie4jbjdjajj4j4 7d7 ,requirement for #bjdj and thereafter ,for calendar year #bjdj and each calendar year thereafter1 a vehicle manufacturer shall sell only zero-emission vehicles4 7e7 ,zero-,emission vehicle credits 7#a7 ,in general ,a vehicle manufacturer may satisfy the requirements of subsection 7b7 through the submission of zero-emission vehicle credits-- 7,a7 issued to the vehicle manufacturer under subsection 7f72 or 7,b7 obtained by purchase1 transfer1 or exchange under subsection 7g74 7#b7 ,limitation ,a zero-emission vehicle credit may be counted toward compliance with subsection 7b7 only once4 7f7 ,issuance of zero-,emission vehicle credits 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,administrator shall establish by rule a program-- 7,a7 to verify and issue zero-emission vehicle credits to vehicle manufacturers2 7,b7 to track the sale1 transfer1 exchange1 carry over1 and retirement of zero-emission vehicle credits2 and 7,c7 to enforce the requirements of this section4 7#b7 ,application 7,a7 ,in general ,a vehicle manufacturer that sold1 either directly or through an affiliate1 such as a dealer1 a new zero-emission vehicle or a qualified electric vehicle in the ,united ,states may apply to the ,administrator for the issuance of a zero-emission vehicle credit4 7,b7 ,eligibility ,to be eligible for the issuance of a zero-emission vehicle credit1 a vehicle manufacturer shall demonstrate to the ,administrator that the vehicle manufacturer sold #a or more zero-emission vehicles or qualified electric vehicles in the previous calendar year4 7,c7 ,contents ,the application shall indicate-- 7i7 the type of zero-emission vehicle or qualified electric vehicle that was sold2 7ii7 the ,state in which the zero-emission vehicle or qualified electric vehicle was sold2 and 7iii7 any other information determined to be appropriate by the ,administrator4 7,d7 ,aggregation ,an application for a zero-emission vehicle credit under subparagraph 7,a7 may aggregate information on all zero-emission vehicles and qualified electric vehicles sold by the vehicle manufacturer in the applicable calendar year4 7#c7 ,quantity of zero-emission vehicle credits 7,a7 ,zero-emission vehicles ,the ,administrator shall issue to a vehicle manufacturer the application under paragraph 7#b7 of which is approved #a zero-emission vehicle credit for each zero-emission vehicle sold in the ,united ,states4 7,b7 ,qualified electric vehicles ,for a qualified electric vehicle sold by a vehicle manufacturer the application under paragraph 7#b7 of which is approved1 the ,administrator shall issue a partial zero-emission vehicle credit based on the estimated proportion of the mileage driven on the battery of the qualified electric vehicle1 as determined by the ,administrator4 7,c7 ,fuel-efficient vehicles ,the ,administrator may issue a partial zero-emission vehicle credit for a passenger vehicle that consumes less gasoline1 as compared to comparable passenger vehicles 7as identified by the ,administrator71 based on the estimated proportion of fuel savings1 as determined by the ,administrator4 7,d7 ,credit banking ,a zero-emission vehicle credit issued for any calendar year that is not submitted to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection 7c7 during that calendar year may be carried forward for use pursuant to subsection 7b77#a7 within the next #e years1 but not later than #bjdj4 7g7 ,zero-,emission vehicle credit trading 7#a7 ,in general ,a zero-emission vehicle credit for any calendar year before #bjdj that is not submitted to the ,administrator to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection 7c7 for that calendar year may be sold1 transferred1 or exchanged by the vehicle manufacturer to which the credit is issued or by any other entity that acquires the zero-emission vehicle credit4 7#b7 ,delegation ,the ,administrator may delegate to an appropriate market-making entity the administration of a national tradeable zero-emission vehicle credit market for purposes of creating a transparent national market for the sale or trade of zero-emission vehicle credits4 7h7 ,zero-,emission vehicle credit retirement 7#a7 ,in general ,any entity that obtains legal rights to a zero-emission vehicle credit may retire the zero-emission vehicle credit in any calendar year4 7#b7 ,use of retired zero-emission vehicle credit ,a zero-emission vehicle credit retired under paragraph 7#a7 may not be used for compliance with subsection 7b7 in-- 7,a7 the calendar year in which the zero-emission vehicle credit is retired2 or 7,b7 any subsequent calendar year4 7i7 ,information collection ,the ,administrator may collect the information necessary to verify and audit-- 7#a7 the annual sales of passenger vehicles of any vehicle manufacturer2 7#b7 a zero-emission vehicle credit submitted by a vehicle manufacturer pursuant to subsection 7b77#a72 7#c7 the validity of a zero-emission vehicle credit submitted for compliance by a vehicle manufacturer to the ,administrator2 and 7#d7 the quantity of passenger vehicle sales in the ,united ,states of all vehicle manufacturers4 7j7 ,state programs 7#a7 ,in general ,nothing in this section shall preempt the authority of a ,state or political subdivision of a ,state to adopt or enforce any law 7including regulations7 relating to motor vehicles1 including the authority to set standards for motor vehicle emissions and zero-emission vehicle requirements under section #agg and section #bji4 7#b7 ,compliance with section ,no law or regulation of a ,state or political subdivision of a ,state shall relieve any vehicle manufacturer from compliance with any requirement otherwise applicable under this section4 7k7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,administrator shall promulgate regulations to implement this section4 7l7 ,enforcement 7#a7 ,civil penalty 7,a7 ,in general ,a vehicle manufacturer that fails to comply with subsection 7b7 shall be liable for a civil penalty1 assessed by the ,administrator1 in an amount that is equal to twice the average value of the aggregate quantity of zero-emission vehicle credits that the vehicle manufacturer failed to submit in violation of that subsection1 as determined by the ,administrator4 7,b7 ,enforcement ,the ,administrator shall assess any civil penalty under subparagraph 7,a74 7,c7 ,deposit ,with respect to any civil penalty paid to the ,administrator pursuant to subparagraph 7,a71 the ,administrator shall deposit the amount into the ,highway ,trust ,fund established by section #iejc7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,injunction ,after calendar year #bjdj1 the ,administrator may issue an injunction on the manufacture of any passenger vehicles other than zero-emission vehicles by a vehicle manufacturer4 4 7b7 ,table of contents amendment ,the table of contents of the ,clean ,air ,act 7#db ,u4,s4,c4 prec4 #gdja7 is amended by adding at the end of the items relating to part ,a of title ,,ii the following3 ,sec4 #bbj4 ,national zero-emission vehicle standard4 4