PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1043
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of clause (i), the applicable percentage is— ‘‘(I) 20 percent if the vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 30 percent but less than 40 percent, ‘‘(II) 30 percent if the vehicle achieves such an increase of at least 40 percent but less than 50 percent, and ‘‘(III) 40 percent if the vehicle achieves such an increase of at least 50 percent. ‘‘(iii) QUALIFIED INCREMENTAL HYBRID COST.—For purposes of this subparagraph, the qualified incremental hybrid cost of any vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a comparable vehicle, to the extent such amount does not exceed— ‘‘(I) $7,500, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds, ‘‘(II) $15,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ‘‘(III) $30,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. ‘‘(iv) COMPARABLE VEHICLE.—For purposes of this subparagraph, the term ‘comparable vehicle’ means, with respect to any new qualified hybrid motor vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. ‘‘(v) CERTIFICATION.—A certification described in clause (i) shall be made by the manufacturer and shall be determined in accordance with guidance prescribed by the Secretary. Such guidance shall specify procedures and methods for calculating fuel economy savings and incremental hybrid costs. ‘‘(3) NEW QUALIFIED HYBRID MOTOR VEHICLE.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘new qualified hybrid motor vehicle’ means a motor vehicle— ‘‘(i) which draws propulsion energy from onboard sources of stored energy which are both— ‘‘(I) an internal combustion or heat engine using consumable fuel, and ‘‘(II) a rechargeable energy storage system, ‘‘(ii) which, in the case of a vehicle to which paragraph (2)(A) applies, has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and ‘‘(I) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section
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