WEST VIRGINIA CODE
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 2A. USE OF ALTERNATIVE FUELS IN STATE-OWNED VEHICLES.
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
(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
(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
(1) Twenty percent in fiscal year one thousand nine hundred
(2) Thirty percent in fiscal year one thousand nine hundred
(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
(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
§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 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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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