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Introduced Version Senate Bill 11 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 11

(By Senator Bailey)

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[Introduced January 9, 2008; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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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 through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels in state and state subdivision on-road vehicles and combustion-powered machines.

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 eleven in state vehicles and in political subdivisions by two thousand fourteen, alternative fuels required by two thousand twelve; 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 seventeen.

(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 other than alcohols 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) "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 eleven, 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 fourteen, 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 twelve, every state-owned vehicle or combustion powered machine is required to use only fuels containing not less than twenty percent alternative fuel.
(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 seventeen, 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.
NOTE: The purpose of this bill is to ensure that state government exercises leadership in the reduction of petroleum based fuel consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels. Reduced petroleum use and the displacement of petroleum by alternative fuels will help promote markets for more alternative fuel and fuel efficient vehicles, encourage new technologies, enhance West Virginia's energy self-sufficiency and security, and ensure a healthier environment. The bill provides preferences for providers of alternative fuel capable vehicles and combustion powered machines, and providers of fuels that contain not less than twenty percent alternative fuels. The bill also requires certification of the plans to reduce fuel consumption for state-owned vehicles to eighty percent of their two thousand six level by two thousand eleven and for state subdivisions to eighty percent of their two thousand nine levels by two thousand fourteen.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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