WEST VIRGINIA CODE











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WVC 5A-

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

WVC -2A-

ARTICLE 2A. USE OF ALTERNATIVE FUELS IN STATE-OWNED VEHICLES.







WVC 5A-2A-1

§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.







WVC 5 A- 2 A- 2

§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 the vehicles, the secretary shall, of

the total number of vehicles acquired in each fiscal year, acquire

at least seventy-five percent 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 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 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;

(5) Vehicles operated by the state rail authority; or

(6) Nonroad vehicles, including farm and construction

vehicles.







WVC 5A-2A-3

§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.







WVC 5A-2A-4

§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 any

program 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.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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