H. B. 2733


(By Delegate Love)

[Introduced February 24, 1995; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend article two-d, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to alternative fuel providers; mandated inclusion of alternative fuel vehicles in vehicle purchases and leases; mandatory percentages of alternative fuel vehicles to increase progressively; fleets to be included in the requirement; definition of "alternative fuel providers" as fleets having five or more leased or owned vehicles operating in West Virginia and companies and individuals who produce, distribute or sell alternative fuels, including coal-derived liquids producers, independent electric power generators, electric utilities, natural gas producers, natural gas pipeline operators, propane producers and distributors, natural gas utilities, methanol and ethanol producers and distributors and retailers of alternative fuels.

Be it enacted by the Legislature of West Virginia:
That article two-d, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 2D. ALTERNATIVE FUEL INITIATIVES.

§24-2D-4. Requirements for alternative fuel providers; mandatory
inclusion of vehicles sold, leased or operated.

(a) All businesses in this state involved in the sale or lease of new automobiles shall be required for the following years, beginning in one thousand nine hundred ninety-six, to offer alternative fuel vehicles, as defined by section two of this article, in the following proportions relative to all of the automobiles, held as inventory or stock, intended for sale or lease:
(1) Thirty percent for the year one thousand nine hundred ninety-six;
(2) Fifty percent for the year one thousand nine hundred ninety-seven;
(3) Seventy percent for the year one thousand nine hundred ninety-eight; and,
(4) Ninety percent for the year one thousand nine hundred ninety-nine and thereafter.
(b) Businesses who own, lease or operate fleets of five or more vehicles in this state, in counties where public access to alternative fuels refueling stations exist, shall, additionally, be subject to the percentage requirements set forth in subsection (a) of this section in relation to the total numbers of vehicles such businesses own, lease or operate: Provided, That for the purpose of this article, fleets of five or more vehicles, existing in counties where alternative fuels refueling stations exist, shall be known and defined as "alternative fuel providers": Provided, however, That the term "alternative fuel provider" shall, for the purpose of this article, also include any business in this state, regardless of its location, that produces, distributes or sells alternative fuels, including, but not limited to, coal-derived liquids producers, independent electric power generators, electric utilities, natural gas producers, natural gas utilities, methanol and ethanol producers and distributors and any business that provides alternative fuels on a retail basis. All alternative fuel providers in this state, as defined in this subsection, shall be subject to the percentage requirements, as prescribed in subsection (a) of this section, in relation to all vehicles owned, leased or operated by such alternative fuel providers.


NOTE: The purpose of this bill is to mandate the inclusion of alternative fuel vehicles for sale or lease and to mandate the use of such vehicles by certain businesses involved in some fashion or the other to the alternative fuel industry. The bill sets forth progressively increasing percentage requirements in future years for alternative fuel vehicles offered for sale or lease or which are owned, leased or operated by businesses that are involved in the alternative fuel industry.

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