COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 11
(By Senator Bailey)
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[Originating in the Committee on Government Organization;
reported February 20, 2008.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-49a, relating
to the reduction of petroleum-based fuel consumption;
requiring Secretary of Administration to implement a plan; and
penalties for noncompliance.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3-49a, to read as
follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-49a. Petroleum derived fuel reduction required by two
thousand thirteen in state vehicles and in
political subdivisions by two thousand seventeen,
alternative fuels required by two thousand
fourteen; preference for the use on nonpetroleum derived fuels in state owned vehicles' and
combustion powered machines; alternative fuel use
required for political subdivisions by two thousand
twenty.
(a) As used in this section:
(1) "Alternative fuels" means an energy source that includes
methanol, denatured alcohol and other alcohols, separately or in
mixtures of eighty-five percent by volume or more, or other
percentage not less than seventy percent as determined by United
States Department of Energy rule, with gasoline or other fuels;
compressed natural gas; liquefied natural gas; liquefied petroleum
gas; hydrogen; coal-derived liquid fuels; fuels derived from
biological materials; electricity, or any other fuel determined to
be substantially not petroleum and yielding substantial energy
security benefits and substantial environment benefits that serves
as a power source for all types of vehicles including cars, buses,
trucks, construction equipment, boats as well as combustion powered
machines such as nonroad heavy equipment, generators and oil
heating units.
(2) "Fleet" means one or more vehicles owned by the State of
West Virginia, political subdivision or agency of a political
subdivision.
(3) "Petroleum based fuel" means an energy source in the form
of a refined liquid product derived from crude oil, lease
condensate, unfinished oils, petroleum products, natural gas, plant liquids and nonhydrocarbon compounds blended into finished
petroleum products that serves as a power source for all types of
vehicles including cars, buses, trucks, construction equipment,
boats as well as combustion powered machines such as nonroad heavy
equipment, generators and oil heating units.
(b) The Secretary of Administration shall certify by the first
day of January, two thousand nine, and annually thereafter the
progress made, that a plan has been implemented to reduce the
state's on-road vehicle fleet's annual petroleum consumption as
measured in miles per gallon by at least twenty percent by the
thirty-first day of December, two thousand thirteen, compared with
two thousand six petroleum consumption levels; by the first day of
January, two thousand nine, the Secretary of Administration shall
certify that plans have been devised to reduce the state's
political subdivisions' on-road vehicle fleet's annual petroleum
consumption as measured in miles per gallon by at least twenty
percent by the thirty-first day of December, two thousand
seventeen, compared with two thousand nine petroleum consumption
levels.
(c) Certified strategies may include, but are not limited to:
The use of alternative fuels in light, medium and heavy-duty
vehicles; the acquisition of vehicles with higher fuel economy,
including hybrid vehicles; the substitution of cars for light
trucks; an increase in vehicle load factors; a decrease in vehicle
miles traveled; and a decrease in fleet size. Each agency shall
develop a strategy that includes most, if not all, of these measures, but may develop a strategy that takes into account its
unique fleet configuration and mission requirements. The strategy
shall be designed to minimize costs in achieving the objectives.
(d) The Director of the Purchasing Division shall give
preference to bidders providing vehicles and other combustion
powered machines that are capable of using alternative fuels and
energy sources for state-owned vehicles and combustion powered
machines containing not less than twenty percent alternative fuel
blends.
(e) Notwithstanding the provisions of subsection (d) of this
section, by the first day of July, two thousand fourteen, every
state-owned vehicle or combustion powered machine is required to
use only fuels containing not less than twenty percent
alternative fuel. Alternative fuels that are used pursuant to
this subsection and are derived from biological materials or are
liquid fuels derived from coal shall be limited to those products
that are manufactured or processed in this state.
(f) Except as otherwise required by law, every political
subdivision of the state receiving funding from the State Treasury,
by the first day of July, two thousand twenty, is required to use
only fuel containing not less than twenty percent alternative fuel.
Any political subdivision of the state, receiving funding from the
State Treasury that fails to comply with the provisions of this
section may be enjoined by the Attorney General from expending
funds from the State Treasury for the purchase of vehicles or
combustion-powered machines until the political subdivision comes into compliance with this section.
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