Senate Bill No. 434
(By Senators Bailey, McCabe, Dempsey, Chafin, Jenkins, Prezioso,
Kessler, Bowman, White, Facemyer, Minard, Plymale, Unger,
Fanning, Helmick, Edgell, Foster, Hunter, Tomblin, Mr.
President, Sharpe and Love)
____________
[Introduced January 31, 2006; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Finance.]
____________
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 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 ten in state vehicles and in political subdivisions by two thousand twelve, alternative
fuels required by two thousand ten; preference for
the use on non-petroleum derived fuels in state
owned vehicles and combustion powered machines;
alternative fuel use required for political
subdivisions by two thousand fifteen.
(a) (1) As used in this section, "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 non-hydrocarbon 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 seven, 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 ten, compared with two
thousand five petroleum consumption levels; by the first day of
January, two thousand eight, 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 twelve,
compared with two thousand seven 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 ten, every
state-owned vehicle or combustion powered machine shall be
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
shall, by the first day of July, two thousand fifteen, be 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 (AFVs) 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 ten and for state subdivisions to eighty percent of
their two thousand seven levels by two thousand fifteen.
§5A-3-49a is new; therefore, strike-throughs and underscoring
have been omitted.