OFS Act
Key claim: This 2008 Senate bill would have required automakers to make at least half of their light-duty vehicles able to run on E85, M85, or biodiesel by 2012–2014 and 80% from 2015 on, unless the Transportation Department granted an exemption that had to be labeled and disclosed to dealers and buyers.
Abstract
(S3303 · 110th Congress) Open Fuel Standard Act of 2008 or the OFS Act - Requires each light-duty automobile manufacturer’s annual inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines “fuel choice-enabling automobile” as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Requires: (1) each manufacturer that receives an exemption to place a label on each exempted automobile; and (2) each exempted light-duty automobile delivered to a dealer and first purchaser to be accompanied with a written notification of such exemption. Latest action (2008-07-22): Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 110-1023.
Why this matters
The 2008 Open Fuel Standard Act is an early example of Congress trying to force flex-fuel capability into the light-duty fleet via a manufacturer mandate rather than a fuel-supply or emissions rule. Its exemption-disclosure structure — labels on vehicles and notice to dealers and buyers — foreshadows later transparency requirements in vehicle fuel and emissions regulation. It never became law, so it functions today as legislative precedent rather than active policy.