U.S. Legislative News

Senators Push for Federal Privacy Legislation

Federal consumer data privacy bills were the focus of a Senate Commerce Committee hearing on December 4. At the hearing, a representative for Microsoft said they think a federal privacy law should give consumers a limited right to sue companies in violation of the law, something Democrats see as an essential component of a federal privacy standard. Committee Chairman Roger Wicker (R-MS) has signaled he would be amenable to consumers having access to injunctive relief as well.

Chairman Wicker’s United States Consumer Data Privacy Act (USCDPA) and Ranking Member Maria Cantwell’s (D-WA) Consumer Online Privacy Rights Act (COPRA) are pending efforts to move the conversation forward on federal consumer data privacy standards. While both proposals establish a national standard for data privacy, they differ in terms of preemption of state privacy laws and consumers' private right of action for data violations.

There is work underway to resolve these outstanding differences and to create a bipartisan piece of legislation. However, an agreement before the January 1, 2020, effective date for California’s new data privacy law, the California Consumer Privacy Act (CCPA), is considered to be out of reach.

The eventual consensus federal privacy legislation will likely address employee data in some capacity, which could mean employers will need to update workplace policies to comply. NAFA continues to have conversations with policymakers and staff to stress how integral access to vehicle-generated data is for fleet management. Ensuring that organizations have transparent data policies that outline how data is collected and used is vital to ensuring that both employers and their employees do not run afoul of forthcoming privacy laws.

 

Biofuel Blending Quotas Expected Before End of Year

The head of the Environmental Protection Agency (EPA), Administrator Andrew Wheeler, recently told industry stakeholders that the final 2020 biofuel blending volume amounts would be published by December 20. Renewable fuel blenders, farmers, and several influential members of Congress representing agricultural constituencies have been calling on the Administration to revise the proposed 2020 volumes and a supplemental proposal. These groups view the proposals as inadequate in addressing their concerns over the issue of small refinery RFS exemption waivers. They believe the waivers, which are typically issued after the EPA sets its biofuel requirements for the coming year, disrupt the actual renewable fuel blending volumes and negatively impact the market for those fuels.

The oil industry has voiced its fierce opposition to any volume reallocation proposal, which would place a greater burden on large refiners who are not eligible for an exemption. With the EPA missing its November 30 deadline, the agency is under immense pressure to publish final volumes as soon as possible. The White House has struggled to find a solution on this issue, which divides interests, which have both historically been supportive of the Administration’s actions.

 

Two-Year Delay of Commercial Driver Training Rule Implementation Expected

The Federal Motor Carrier Safety Administration (FMCSA) is reportedly preparing to release a notice that the formal implementation of the Entry Level Driver Training (ELDT) rule, which was slated for February 7, 2020, will be delayed by up to two years. The FMCSA announced this summer that technical issues would mean a two-year delay of the online verification portion of the rule. However, the system is still facing broader hurdles that have prompted the FMCSA to delay implementation of the rule in its entirety.

The ELDT rule establishes new training standards for individuals applying for class A or B commercial driver license (CDL) for the first time, as well as those seeking to upgrade their CDL. Drivers would have to complete a course of training that fulfills established standards laid out in the ELDT rule. Many stakeholders have voiced concerns surrounding compliance, enforcement, and safety with a piecemeal rollout of the rule’s implementation.

NAFA supports efforts to enhances the safety of commercial motor vehicle (CMV) operations on the road and hopes that the full implementation of the ELDT rule is completed in a way that benefits both the public and commercial. Additionally, standardized training requirements have the potential to raise the image of commercial drivers and the profession, which is vital to attracting future CMV operators to the field.