ENROLLED
Senate Bill No. 509
(By Senators Sharpe, Ross, Helmick, Dalton, Boley and Minard)
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[Passed April 10, 1993; in effect from passage.]
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AN ACT to amend chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
alternative fuels; regulating alternative fuel technology;
providing for conversion to alternative fuels of a certain
percentage of state-owned vehicles; reports; standards;
exceptions; and related matters.
Be it enacted by the Legislature of West Virginia:
That chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-a, to read
as follows:
ARTICLE 2A. USE OF ALTERNATIVE FUELS IN STATE-OWNED VEHICLES.
§5A-2A-1. Definitions.
As used in this article, the following words and phrases
shall have the meanings hereinafter ascribed to them:
(1) "Alternative fuels" include compressed natural gas,
liquefied natural gas, liquefied 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).
(2) "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.
(3) "Compression and conversion equipment" means all
equipment used in the compression, storage, transmission and
decompression of natural gas for the purpose of powering motor
vehicles.
(4) "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
a state agency.
(5) "Secretary" means the secretary of administration.
§5A-2A-2. Purchase or lease of fleet vehicles; use of
alternative fuels.
(a) After the first day of September, one thousand nine
hundred ninety-three, the secretary may purchase or lease
alternative fuel vehicles for use by any state agency.
(b) The secretary may acquire or be provided with equipment
or refueling facilities necessary to operate alternative fuel
vehicles by any of the following methods:
(1) Purchase or lease as authorized by law;
(2) Gift or loan of the equipment or facilities; or
(3) Gift or loan of the equipment or facilities or other
arrangement pursuant to a service contract for the supply of
alternative fuels.
(c) If such 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.
(d) Of the total number of vehicles acquired or caused to be
acquired by the secretary for use by any state agency vehicle
fleet:
(1) Twenty percent in fiscal year one thousand nine hundred
ninety-five;
(2) Thirty percent in fiscal year one thousand nine hundred
ninety-six;
(3) Fifty percent in fiscal year one thousand nine hundred
ninety-seven, shall be alternative fuel vehicles.
(e) The secretary shall review this alternative fuel use
program on or before the thirty-first day of December, one
thousand nine hundred ninety-seven, and if the secretary
determines that the program is effective in reducing costs to the
state, taking into consideration the cost of operating
alternative fuel vehicles over the expected useful life of such
vehicles, the secretary shall, of the total number of vehicles
acquired in each fiscal year, acquire at least seventy-fivepercent alternative fuel vehicles for state agency fleets
beginning the first day of September, one thousand nine hundred
ninety-eight, and thereafter.
(f) The secretary shall, in the annual fiscal report to the
Legislature, show the progress in achieving these percentage
requirements by itemizing purchases, leases and conversions of
motor vehicles and usage of alternative fuels.
(g) The secretary, in the development of the alternative
fuel use program, shall consult with state 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 state, the secretary shall attempt to
the extent possible to convert first those vehicles that are used
the most often for the most miles. The secretary 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 use alternative fuels.
(h) The secretary may reduce any percentage specified or
waive the requirements of subsection (d) of this section for any
state agency upon a determination by the secretary that either of
the following situations apply:
(1) The agency's vehicles will be operating primarily in anarea 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 greater net costs than the continued use of
traditional gasoline or diesel fuels measured over the expected
useful life of the equipment or facilities supplied.
(i) The provisions of this section do 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.
§5A-2A-3. Regulation of compressed natural gas.
The secretary of commerce, labor and environmental resources
has the authority to regulate all activities related to the
safety of compressed natural gas and shall establish by
regulation minimum safety standards, in conformity with federal
and industry standards, for compressed natural gas compression
and conversion equipment including the installation of such
equipment.
§5A-2A-4. Prohibition of subsidies or incentive payments.
Except as provided by section three-d, article thirteen-d,
chapter eleven of this code, the state may not enter into anyprogram providing subsidies or incentive payments for the
production of compressed natural gas, liquefied natural gas,
liquefied petroleum gas, methanol, ethanol or coal-derived liquid
fuels.