H. B. 2704
(By Delegates Love and Spencer)
[Introduced March 24, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend article twenty-seven, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto three new sections, designated
sections twenty-seven-a, twenty-seven-b and twenty-seven-c,
relating to the use of alternative fuels in vehicles owned
by political subdivisions.
Be it enacted by the Legislature of West Virginia:
That article twenty-seven, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto three new sections, designated sections
twenty-seven-a, twenty-seven-b and twenty-seven-c, to read as
follows:
ARTICLE 27. INTERGOVERNMENTAL RELATIONS -- URBAN MASS
TRANSPORTATION SYSTEMS.
§8-27-27a. Definitions.
The following terms, whenever used or referred to in this
article, shall have the following meanings unless a differentmeaning clearly appears from the context:
(a) "Alternative fuels" include compressed natural gas,
liquified natural gas, liquified petroleum gas, methanol,
ethanol, fuel mixtures containing eighty-five percent or more by
volume of methanol, ethanol and other alcohols with gasoline or
other fuels, coal-derived liquid fuels and electricity (including
electricity from solar energy).
(b) "Alternative fuel vehicle" means a motor vehicle that
operates solely on one alternative fuel, a motor vehicle that is
capable of operating on one or more alternative fuels or a motor
vehicle that is capable of operating on an alternative fuel and
is capable of operating on gasoline or diesel fuel.
(c) "Fleet" means fifteen or more motor vehicles that are
centrally fueled or capable of being centrally fueled and are
owned, operated, leased or otherwise controlled by or assigned to
an agency of a political subdivision.
(d) "Political subdivision" means a county, municipality and
any other unit of local government authorized by law to perform
governmental functions, but does not include school boards or
school districts.
§8-27-27b. Purchase or lease of fleet vehicles; use of
alternative fuels.
(a)(1) After the first day of September, one thousand nine
hundred ninety-three, a political subdivision may purchase or
lease alternative fuel vehicles for use by any agency of the
political subdivision.
(2) Any agency of a political subdivision may acquire or be
provided with equipment or refueling facilities necessary to
operate alternative fuel vehicles by any of the following
methods:
(A) Purchase or lease as authorized by law;
(B) Gift or loan of the equipment or facilities; or
(C) Gift or loan of the equipment or facilities or other
arrangement pursuant to a service contract for the supply of
alternative fuels.
(3) If the equipment or facilities are donated, loaned or
provided through other arrangement with the supplier of
alternative fuels, the supplier shall be entitled to recoup its
actual cost of donating, loaning or providing the equipment or
facilities through its fuel charges under the fuel supply
contract.
(b)(1) Of the total number of fleet vehicles acquired by
each political subdivision for use by any agency of each
political subdivision:
(A) Twenty percent in fiscal year one thousand nine hundred
ninety-five;
(B) Thirty percent in fiscal year one thousand nine hundred
ninety-six;
(C) Fifty percent in fiscal year one thousand nine hundred
ninety-seven shall be alternative fuel vehicles.
(2) The governing authority of each political subdivision
shall review this alternative fuel use program on or before thethirty-first day of December, one thousand nine hundred ninety-
seven, and if the governing authority determines that the program
is effective in reducing costs to the political subdivision,
taking into consideration the cost of operating alternative fuel
vehicles over the expected useful life of the vehicles, the
governing authority shall, of the total number of vehicles
acquired in each fiscal year, acquire at least seventy-five
percent alternative fuel vehicles for fleets of the agencies of
the political subdivision beginning the first day of September,
one thousand nine hundred ninety-eight, and thereafter.
(c) The governing authority of each political subdivision,
in the development of the alternative fuel use program, shall
consult with agency fleet operators, vehicle manufacturers and
converters, fuel distributors and others to delineate the
vehicles to be covered, taking into consideration range,
specialty uses, fuel availability, vehicle manufacturing and
conversion capability, safety, resale values and other relevant
factors. In order to maximize the savings to the political
subdivision, the governing authority of each political
subdivision shall attempt to the extent possible to convert first
those vehicles that are used the most often for the most miles.
The governing authority may meet the percentage requirements of
this section through purchase or lease of new vehicles, purchase
or lease of used alternative fuel vehicles or the conversion of
existing vehicles, in accordance with federal and state
requirements and applicable safety laws and standards, to usealternative fuels.
(d) The governing authority of each political subdivision
may reduce any percentage specified or waive the requirements of
subsection (b) of this section for any agency upon receipt of
certification supported by evidence acceptable to the governing
authority that either of the following situations apply:
(1) The agency's vehicles will be operating primarily in an
area in which neither the agency nor a supplier has or can
reasonably be expected to establish a central refueling station
for alternative fuels.
(2) The agency is unable to acquire or be provided equipment
or refueling facilities necessary to operate alternative fuel
vehicles at a projected cost that is reasonably expected to
result in no grater net costs than the continued use of
traditional gasoline or diesel fuels measured over the expected
useful life of the equipment or facilities supplies.
(e) The provisions of this section shall not apply to:
(1) Vehicles operated by law-enforcement agencies;
(2) Emergency vehicles;
(3) Vehicles operated by public transit authorities;
(4) School buses; or
(5) Nonroad vehicles, including farm and construction
vehicles.
§8-27-27c. Prohibition of subsidies or incentive payments.
At any time a political subdivision shall not enter into any
program providing subsidies or incentive payments for theproduction of compressed natural gas, liquified natural gas,
liquified petroleum gas, methanol, ethanol or coal-derived liquid
fuels.
NOTE: The purpose of this bill is to determine whether it
is economically feasible for state vehicles to use alternative
fuels.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.