§103D-412  Light-duty motor vehicle
requirements.  (a)  The procurement policy for all agencies purchasing or
leasing light-duty motor vehicles shall be to reduce dependence on petroleum
for transportation energy.



(b)  Beginning January 1, 2010, all state and
county entities, when purchasing new vehicles, shall seek vehicles with reduced
dependence on petroleum-based fuels that meet the needs of the agency. 
Priority for selecting vehicles shall be as follows:



(1)  Electric or plug-in hybrid electric vehicles;



(2)  Hydrogen or fuel cell vehicles;



(3)  Other alternative fuel vehicles;



(4)  Hybrid electric vehicles; and



(5)  Vehicles that are identified by the United States
Environmental Protection Agency in its annual "Fuel Economy Leaders"
report as being among the top performers for fuel economy in their class.



(c)  For the purposes of this section:



"Agency" means a state agency,
office, or department.



"Alternative fuel" means alcohol
fuels, mixtures containing eighty-five per cent or more by volume of alcohols
with gasoline or other fuels, natural gas, liquefied petroleum gas, hydrogen,
biodiesel, mixtures containing twenty per cent or more by volume of biodiesel
with diesel or other fuels, other fuels derived from biological materials, and
electricity provided by off-board energy sources.



"Covered fleet" has the same meaning
as contained in 10 Code of Federal Regulations Part 490 Subpart C.



"Excluded vehicles" has the same
meaning as provided in 10 Code of Federal Regulations Section 490.3.



"Light-duty motor vehicle" has the
same meaning as contained in 10 Code of Federal Regulations Part 490[.],
not including any vehicle incapable of traveling on highways or any vehicle
with a gross vehicle weight rating greater than eight thousand five hundred
pounds.



(d)  Agencies may apply to the chief
procurement officer for exemptions from the requirements of this section to the
extent that the vehicles required by this section are not available or do not
meet the specific needs of the agency; provided that life cycle vehicle and
fuel costs may be included in the determination of whether a particular vehicle
meets the needs of the agency.  Estimates of future fuel costs shall be based
on projections from the United States Energy Information Administration.



(e)  Vehicles acquired from another state
agency and excluded vehicles are exempt from the requirements of this section.



(f)  Nothing in this section is intended to
interfere with the ability of a covered fleet to comply with the vehicle
purchase mandates required by 10 Code of Federal Regulations Part 490 Subpart
C. [L 2005, c 216, §2; am L 2006, c 96, §28; am L 2009, c 156, §6]