,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfce ,,in ,,the ,,house ,,of ,,representatives ,october #bj1 #bjbj,mr4 ,levin of ,california 7for himself1 ,mr4 ,neguse1 ,mr4 ,blumenauer1 ,ms4 ,blunt ,rochester1 ,ms4 ,bonamici1 ,ms4 ,brownley of ,california1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,cleaver1 ,mr4 ,de,saulnier1 ,ms4 ,eshoo1 ,mr4 ,huffman1 ,ms4 ,jayapal1 ,ms4 ,lee of ,california1 ,mr4 ,lowenthal1 ,ms4 ,pingree1 and ,mr4 ,nadler7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,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 #bjbj4 #b4 ,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 vehicles ,the term base quantity of new passenger vehicles means the total quantity of new passenger vehicles delivered for sale by a vehicle manufacturer during the most recent model 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 plug-in electric drive motor vehicle 7as defined in section #cj;,d7d7 of the ,internal ,revenue ,code of #aihf72 or 7,b7 a new qualified fuel cell motor vehicle 7as defined in section #cj;,b7d77#c7 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 purchasers in the ,united ,states within the current or previous calendar year1 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 gas1 other than water vapor1 in any mode of operation or condition1 as determined by the ,administrator4 7b7 ,compliance ,for model year #bjbe and each model 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 zero-emission vehicle sales for the applicable model 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 zero-emission vehicle sales for the applicable model year1 as determined under subsection 7c71 a certification of that compliance1 as the ,administrator determines to be appropriate4 7c7 ,minimum required annual percentage of zero-,emission vehicle credits ,for model years #bjbe through #bjce1 in annual increments1 the minimum annual percentage of the base quantity of new passenger vehicles of a vehicle manufacturer delivered for sale that are equivalent to zero-emission vehicles1 based on the issuance of zero-emission vehicle credits1 shall be the applicable percentage specified in the following table3 ,minimum ,required ,annual ,percentage of ,zero-,emission ,vehicle ,credits,model ,year,percentage#bjbeej4jbjbfee4jbjbgfj4 jbjbhfe4jbjbigj4jbjcjge4jbjcahj4jbjcbhe4 jbjccij4jbjcdie4jbjceajj4j4 7d7 ,requirement for #bjce and thereafter ,for model year #bjce and each model 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 delivered for sale1 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 delivered for sale #a or more zero-emission vehicles or qualified electric vehicles in the previous model year4 7,c7 ,contents ,the application shall indicate-- 7i7 the type of zero-emission vehicle or qualified electric vehicle that was delivered for sale2 7ii7 the ,state in which the zero-emission vehicle or qualified electric vehicle was delivered for sale2 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 delivered for sale by the vehicle manufacturer in the applicable model 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 delivered for sale in the ,united ,states4 7,b7 ,qualified electric vehicles ,for a qualified electric vehicle delivered for sale 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 ,credit banking ,a zero-emission vehicle credit issued for any model year that is not submitted to comply with the minimum annual percentage of zero-emission vehicles under subsection 7c7 during that model year may be carried forward for use pursuant to subsection 7b77#a7 within the next #e years1 but not later than model year #bjce4 7g7 ,zero-,emission vehicle credit trading 7#a7 ,in general ,a zero-emission vehicle credit for any model year before #bjce that is not submitted to the ,administrator to comply with the minimum annual percentage of zero-emission vehicles under subsection 7c7 for that model 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 7,a7 ,in general ,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 7,b7 ,public report ,if the ,administrator makes a delegation under subparagraph 7,a71 the entity to which the ,administrator made the delegation shall annually submit to ,congress and make available to the public a report describing the status of the zero-emission vehicle credit market4 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 model 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 model year in which the zero-emission vehicle credit is retired2 or 7,b7 any subsequent model year4 7i7 ,information collection ,the ,administrator may collect the information necessary to verify and audit-- 7#a7 the model year 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 vehicles delivered for sale 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 ,sense of ,congress ,it is the sense of ,congress that vehicle manufacturers should diversify vehicle technologies and models to ensure consumer choice and access4 7l7 ,regulations ,not later than #edj days after the date of enactment of this section1 the ,administrator shall promulgate regulations to implement this section4 7m7 ,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 model year #bjce1 the ,administrator may issue an injunction on the manufacture of any passenger vehicles other than zero-emission vehicles by a vehicle manufacturer4 4