H1474B1660A02302 AJB:MAC 10/03/23 #90 A02302
AMENDMENTS TO HOUSE BILL NO. 1474
Sponsor: REPRESENTATIVE ROWE
Printer's No. 1660
Amend Bill, page 1, line 3, by inserting after "definitions"
; providing for electric vehicle procurement; and imposing
penalties
Amend Bill, page 2, line 24, by striking out all of said line
and inserting
Section 3. Title 12 is amended by adding a chapter to read:
CHAPTER 59
ELECTRIC VEHICLE PROCUREMENT
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Certification of electric vehicles.
5904. Penalties.
5905. Applicability.
§ 5901. Scope of chapter.
This chapter relates to electric vehicle procurement.
§ 5902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of General Services of the
Commonwealth.
"Electric vehicle." A motor vehicle that delivers power to
its drive wheel or wheels solely by use of a battery-powered
electric motor. The term does not include a qualified motor
vehicle as defined under 75 Pa.C.S. § 2101.1 (relating to
definitions).
"Forced labor." All work or service which is exacted from an
individual under the menace of a penalty for the nonperformance
of the work or service and for which the worker does not offer
the work or service voluntarily. The term includes forced or
indentured child labor.
§ 5903. Certification of electric vehicles.
(a) Certification.--The department shall make available a
certification form indicating that an electric vehicle has been
produced without the use of forced labor and without components
produced through forced labor. Prior to the purchase of an
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electric vehicle by the Commonwealth or a political subdivision,
a manufacturer of the electric vehicle shall provide the
certification form to the Commonwealth.
(b) Presumption.--All vehicles produced with components or
materials originating in the region of Xinjiang, China, shall be
presumed to be produced using forced labor for the purposes of
this chapter. A manufacturer of an electric vehicle may rebut
the presumption under this subsection through the presentation
of evidence that no forced labor was used in the manufacture or
production of an electric vehicle, its components or material
parts.
(c) Exception--In the case that no electric vehicle is
available with a certification form under subsection (a), the
Commonwealth or a political subdivision may purchase an electric
vehicle without a certification form only with an acknowledgment
that the vehicle being purchased was produced using forced
labor.
§ 5904. Penalties.
(a) False certification.--If the department determines that
a manufacturer of an electric vehicle has submitted a false
certification form to the Commonwealth or a political
subdivision under section 5903 (relating to c ertification of
electric vehicles) , the manufacturer shall be subject to the
following:
(1) A civil penalty in the amount of $250,000 or twice
the amount of the contract for the electric vehicle,
whichever is greater. Only one civil penalty may be imposed
upon a manufacturer for each false certification.
(2) A prohibition on purchases of a vehicle from the
manufacturer for a period of three years from the date of the
determination that the manufacturer submitted the false
certification under section 5903.
(b) Report of false certification.--The department shall
report to the Attorney General the name of the manufacturer of
the electric vehicle that submitted the false certification
under section 5903 and the pertinent information that led to the
department's determination. No later than three years after the
department submits the report under this subsection, the
Attorney General shall determine whether to bring a civil action
against the manufacturer of the electric vehicle for the civil
penalty specified under subsection (a)(1). If a court of
competent jurisdiction determines the manufacturer of the
electric vehicle submitted a false certification under section
5903, the manufacturer shall pay all reasonable costs and fees
incurred in the civil action. Reasonable costs shall include the
reasonable costs incurred by the department in investigating the
authenticity of the certification. Only one civil action may be
brought against a manufacturer of an electric vehicle for a
false certification on a contract with the Commonwealth or a
political subdivision.
(c) No private right of action.--Nothing in this section
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shall be construed to create or authorize a private right of
action.
§ 5905. Applicability.
This chapter shall not apply if the President or Congress of
the United States, through legislation or executive order,
declares that the provisions of this chapter interfere with the
conduct of United States foreign policy.
Section 4. This act shall take effect in 60 days.
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See A02302 in
the context
of HB1474