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.