Page:United States Statutes at Large Volume 104 Part 4.djvu/212

 104 STAT. 2528 PUBLIC LAW 101-549—NOV. 15, 1990 required to be produced and distributed by fuel suppliers and made available in California. Such plan provisions shall not take effect until 1 year after the State has provided notice of such provisions to motor vehicle manufacturers and to fuel suppliers. "(3) INCENTIVES.—The incentives referred to in paragraph (2) may include any or all of the following: "(A) A State registration fee on new motor vehicles registered in the State which are not clean-fuel vehicles in the amount of at least 1 percent of the cost of the vehicle. The proceeds of such fee shall be used to provide financial incentives to purchasers of clean-fuel vehicles and to vehicle dealers who sell high volumes or high percentages of clean-fuel vehicles and to defray the administrative costs of the incentive program. "(B) Provisions to exempt clean-fuel vehicles from high occupancy vehicle or trip reduction requirements. "(C) Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles. The incentives under this paragraph shall not apply in the case of covered fleet vehicles. "(4) No SALES OR PRODUCTION MANDATE. —The regulations and plan revisions under paragraphs (1) and (2) shall not include any production or sales mandate for clean-fuel vehicles or clean alternative fuels. Such regulations and plan revisions shall also provide that vehicle manufacturers and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell clean-fuel vehicles or clean alternative fuels. 42 USC 7590. "SEC. 250. GENERAL PROVISIONS. "(a) STATE REFUELING FACILITIES. — If any State adopts enforceable provisions in an implementation plan applicable to a nonattainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alternative fuels or that State-operated refueling facilities for such fuels will be constructed and operated by the State and made available to the public at reasonable times, taking into consideration safety, costs, and other relevant factors, in approving such plan under section 110 and part D, the Administrator may credit a State with the emission reductions for purposes of part D attributable to such actions. "O^) No PRODUCTION MANDATE.— The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pilot test program or to specify as applicable the models, lines, or types of, or marketing or price practices, policies, or strategies for, vehicles subject to this part. Nothing in this part shall be construed to give the Administrator authority to mandate marketing or pricing practices, policies, or strategies for fuels. Regulations. " (c) TANK AND FuEL SYSTEM SAFETY.— The Secretary of Transportation shall, in accordance with the National Motor Vehicle Traffic Safety Act of 1966, promulgate applicable regulations regarding the safety and use of fuel storage cylinders and fuel systems, including appropriate testing and retesting, in conversions of motor vehicles. " (d) CONSULTATION WITH DEPARTMENT OF ENERGY AND DEPART- MENT OF TRANSPORTATION. — The Administrator shall coordinate with the Secretaries of the Department of Energy and the Depart-

�