EDERAL LOW-EMISSION VEHICLE PROCUREMENT ACT TUESDAY, JANUARY 27, 1970 SUBCOMMITTEE ON ENERGY, NATURAL RESOURCES, AND THE ENVIRONMENT; COMMITTEE ON PUBLIC WORKS, SUBCOMMITTEE ON AIR AND WATER POLLUTION, Washington, D.C. The subcommittees met at 10:15 a.m. in room 5110, New Senate ice Building, Washington, D.C., Hon. Warren G. Magnuson, airman of the Commerce Committee); Hon. Philip A. Hart airman of the Subcommittee on Energy, Natural Resources, and Environment); and Hon. Edmund S. Muskie (chairman of the committee on Air and Water Pollution) cochairing. Present: Senators Magnuson, Hart, Cannon, Moss, Cotton, Baker, skie, and Dole. ENING STATEMENT BY THE CHAIRMAN, SENATOR WARREN G. MAGNUSON 'he CHAIRMAN. The committee will come to order. As cochairman of this meeting, I have a statement I would like to ke on this matter, and then I am sure maybe the Senator from ine would also like to make a statement. irst of all, I want to thank Senator Hart for inviting me to sit n this Subcommittee on Energy and Natural Resources and Enonment, which is beginning hearings on a bill which I introduced, 072, the Federal Low-Emission Vehicle Procurement Act. s chairman of the Commerce Committee I would like to welcome, on behalf of the full committee and your subcommittee, the Air Water Pollution Subcommittee of the Public Works Committee its distinguished chairman, the Senator from Maine, Mr. Muskie. ow, the Nation, of course, is under the siege of some pretty strange nies, enemies who would infiltrate the very air we breath. his country has never before known such enemies. They may not een or heard, but they are assaulting the lungs of all people, espey infants, asthmatics, and the aged. They go by less emotional es than tyrants. They are called hydrocarbons, carbon monoxide, ur and nitrogen oxides, and other chemical names, but they are nies of our own creation; and no missile or antimissile will proaff member assigned to this hearing: S. Lynn Sutcliffe. tect us from these things unless we take some action and try and stop this invasion. We could stop it by bringing industry and transportation in this country to a standstill. But as chairman of the Senate Commerce Committee a committee dedicated to the advancement of commerce and transportation-we, of course, could not consistently support this battle plan. Nor do I support, nor I am sure the committee supports, a course of action which fails to recognize the seriousness of the threats to our environment. So, strong steps must be taken and taken as soon as possible. Government and industry must disarm these assailants by creating technology that will allow industry and commerce to flourish without producing this evil or at least minimizing it to its lowest possible denominator. The Senate Commerce Committee, and particularly the Energy, Natural Resources, and the Environment Subcommittee, will continue to lead the fight against these evil things of our own creation by trying to search and stimulate these new technologies. The committee is going to welcome assistance from all quarters. This bears repeating everybody in this room knows this-the automobile is the worst polluter in this country. Only by changing the technology of land-propelled vehicles can we begin to win the major war against pollution of the air. The Senate Commerce Committee and the Air and Water Pollution Subcommittees of the Committee on Public Works headed by the Senator from Maine began to map out a plan for this battle that must be waged as early as May of 1967. At that time the committees held joint hearings to consider what alternative propulsion technologies were available, technologies that did not produce dangerous pollutants. The initial hearings concentrated on alternative cars, electric cars, and things of that kind. In May of 1968 the committee continued their search for smogless or low-emission vehicles and explored the steam engine technology. In March of 1969 the Senate Commerce Committee published a report on "The Search for a Low-Emission Vehicle" and recommended that the Government use its purchasing power to generate development of technologies that were low or nonpolluting. So, the bill before the committee embodies that recommendation. It creates a legislatively guaranteed market for smogless vehicles so that consumer demand in the free market will reflect, before it's too late for action, the need and desire for smogless vehicles. As many have said, you have to begin a journey with a single step, and we think this is one of the first steps to bring the search for low-emission vehicles, hopefully, to a successful end. Another essential step is to provide adequate research and develop ment funds for people working on low-emission vehicles, and this includes the prominent manufacturers of automobiles and others. This will insure that there will be competition in this area and the best possible vehicle might be developed. This year the Senate insured that this step would be taken by appro priating $45 million for the development of pollutionless technology. I hesitate there to determine the fate of that $45 million. I think that we have had some setback on that, as late as last evening.1 But I hope this second step is not foreclosed or seriously delayed. We hope that the President joins us in the search for low-emission vehicles, the search that we have been conducting for a long time. So, in closing, Senator Hart, let me commend S. 3072 to you and let me thank the Senators who cosponsored this measure in addition to Senators Muskie and Jackson who were on the bill when it was introduced. There are many Senators who have already asked to cosponsor it, and I suspect there are at least 15 more if we talked to them and explained it. For the record, I would like to submit the names of the 35. Senator HART. They will be received and the bill and any agency comments will be placed in the record. (The list of Senators, the bill, and agency comments follow :) Mr. Magnuson (for himself, Mr. Jackson, Mr. Muskie, Mr. Baker, Mr. Bayh, Mr. Bible, Mr. Boggs, Mr. Brooke, Mr. Byrd of Virginia, Mr. Cannon, Mr. Eagleton, Mr. Fong, Mr. Gravel, Mr. Harris, Mr. Hart, Mr. Inouye, Mr. Kennedy, Mr. McGee, Mr. McIntyre, Mr. Mansfield, Mr. Metcalf, Mr. Mondale, Mr. Moss, Mr. Nelson, Mr. Packwood, Mr. Pell, Mr. Percy, Mr. Randolph, Mr. Scott, Mr. Sparkman, Mr. Spong, Mr. Stevens, Mr. Tydings, Mr. Yarborough, and Mr. Young of Ohio) introduced the following bill; which was read twice and referred to the Committee on Commerce. [S. 3072, 91st Cong., first sess.] A BILL To stimulate the development, production, and distribution in interstate commerce of low-emission motor vehicles in order to provide the public increased protection against the hazards of vehicular exhaust emission, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Low-Emission Vehicle Procurement Act of 1969". DEFINITIONS SEC. 2. For the purpose of this Act (1) "Board" means the Low-Emission Vehicle Certification Board; (2) "Federal Government” includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia; (3) "motor vehicle" means any vehicle, self-propelled or drawn by mechanical or electrical power, designed for use on the highways principally for the transportation of passengers except any vehicle designed or used for military field training, combat, or tactical purposes; (4) "low-emission vehicle" means any motor vehicle which produces significantly less pollution that the class or model of vehicle for which the Board may certify it as a suitable substitute. LOW-EMISSION VEHICLE CERTIFICATION BOARD SEC. 3. (a) There is established a Low-Emission Vehicle Certification Board to be composed of the Secretary of Transportation or his designee, the Secretary of Health, Education, and Welfare or his designee, the Director of the National Highway Safety Bureau in the Department of Transportation, the Administrator of the General Services Administration, and one member appointed by the President. The Secretary of Transportation or his designee shall be the Chairman of the Board. 1 On Monday, Jan. 26, 1970, President Nixon vetoed the Labor-HEW appropriation bill. In the bill which was finally signed by the President, the $45 million was retained. (b) Any member of the Board not employed by the United States may receive compensation at the rate of $125 for each day such member is engaged upon work of the Board. Each member of the Board shall be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. (c) (1) The chairman, with the concurrence of the members of the Board, may employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Board, but no individual so appointed shall receive compensation in excess of the rate authorized for GS-18 by section 5332 of title 5, United States Code. (2) The Chairman may fix the time and place of such meetings as may be required. (3) The Board is granted all other powers necessary for meeting its responsibilities under this Act. CERTIFICATION SEC. 4. (a) The Secretary of Health, Education, and Welfare shall determine which models or classes of motor vehicles qualify as low-emission vehicles in accordance with the provisions of this Act. (b) The Board shall certify any class or model of motor vehicles— (1) for which a certification application has been filed in accordance with subsection (d) of this section; (2) which is a low-emission vehicle as determined by the Secretary of Health, Education, and Welfare; and (3) which it determines is suitable for use as a substitute for a class or model of vehicle presently in use by agencies of the United States. The Board shall specify with particularity the class or model of vehicles for which the class or model of vehicles described in the application is a suitable substitute. In making the determination under this subsection the Board shall consider the following criteria: (1) the safety of the vehicle; (2) its performance characteristics; (3) its reliability potential; (5) its fuel availability. (c) Certification under this section shall be effective for a period of two years from the date of issuance. (d) (1) Any party seeking to have a class or model of vehicles certified under this Act shall file a certification application in accordance with rules established by the Board and published in the Federal Register. (2) The Board shall publish any notice of each application received in the Federal Register. (3) The Board shall determine whether or not the vehicle for which application has been properly made is a low-emission vehicle in accordance with procedures established by it and published in the Federal Register. (4) The Board shall conduct whatever investigation necessary, including actual inspection of the vehicle at a place designated by the Board in the certification application rules established under this section. (5) The Board shall receive and evaluate written comments and documents from interested parties in support of, or in opposition to, certification of the class or model of vehicle under consideration. (6) Within ninety days after the receipt of a properly filed certification application, the Board shall reach a decision by majority vote as to whether such class or model of vehicle is a low-emission vehicle and is a suitable substitute for any class or classes of vehicles presently being purchased by the Federal Government for use by its agencies. (7) The Board shall publish in the Federal Register, within ninety days after the receipt of a properly filed certification application, a report of its decision on such application which sets forth with particularity the reasons for granting or denying certification, together with dissenting views. PROCUREMENT OF LOW-EMISSION VEHICLES SEC. 5. Certified low-emission vehicles shall be acquired by purchase by the Federal Government for use by the Federal Government in lieu of other vehicles if the General Services Administrator determines that such certified vehicles have procurement and maintenance costs which are no more than 125 per centum of the procurement and maintenance costs of the class or model of motor vehicles for which they are certified substitutes. WAIVER SEC. 6. For the purposes of this Act any statutory price limitations shall be waived, and the procuring agency shall be required to purchase available certified low-emission vehicles which are eligible for purchase before purchasing any other vehicles for which the low-emission vehicle is a certified substitute. APPROPRIATIONS AUTHORIZED SEC. 7. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. EFFECTIVE DATE SEC. 8. This Act shall take effect immediately upon signing by the President and the Board shall promulgate the procedures required to implement this Act within ninety days thereafter. Hon. WARREN C. MAGNUSON, COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Commerce, Washington, D.C. DEAR MR. CHAIRMAN: By letter dated October 29, 1969, you requested our report on S. 3072, 91st Congress. The primary purpose of this measure is to stimulate the development, production, and distribution of low-emission motor vehicles in order to provide the public increased protection against the hazards of vehicular exhaust emission. We view this measure as primarily a matter of policy and as we have no special information that would assist the Committee in its consideration of the merits of S. 3072, we offer no recommendations concerning the action to be taken on the merits of the measure. Assuming favorable action is to be taken however, the following comments are offered for the consideration of the Committee. Section 5 of S. 3072 would encourage the use of approved low-emission motor vehicules by the Federal Government. Specifically, section 5 would require the Administrator of the General Service-after appropriate tests and certification— to substitute low-emission vehicles for other vehicles upon a determination that procurement and maintenance costs of low-emission vehicles do not exceed 125 per centum of the procurement and maintenance costs of the vehicles for which they are substituted. Ordinarily it would be assumed that the stated 125 per centum figure would be calculated on the basis of vehicles purchased under statutory price limitations now prescribed in the law. However, section 6 of S. 3072 specifically waives statutory price limitations "For the purposes of this Act." This waiver authority could be construed to apply not only to purchases but also to the 125 per centum determination required by section 5. In such case, the calculation under section 5 would be based on vehicles purchased on the open market which of course would be higher than vehicles heretofore purchased by the Government under statutory limitations. As we are not sure such is intended by S. 3072, we feel that clarification of this matter is needed in the bill or its legislative history. We also question whether the statutory price limitations should be waived in their entirety as provided in section 6. The objective could be accomplished by waiving only the additional procurement costs of low-emission vehicles. Sincerely yours, R. F. KELLER, Assistant Comptroller General of the United States. |