§103D-412  Light-duty motor vehiclerequirements.  (a)  The procurement policy for all agencies purchasing orleasing light-duty motor vehicles shall be to reduce dependence on petroleumfor transportation energy.

(b)  Beginning January 1, 2010, all state andcounty entities, when purchasing new vehicles, shall seek vehicles with reduceddependence 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 StatesEnvironmental 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 alcoholfuels, mixtures containing eighty-five per cent or more by volume of alcoholswith gasoline or other fuels, natural gas, liquefied petroleum gas, hydrogen,biodiesel, mixtures containing twenty per cent or more by volume of biodieselwith diesel or other fuels, other fuels derived from biological materials, andelectricity provided by off-board energy sources.

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

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

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

(d)  Agencies may apply to the chiefprocurement officer for exemptions from the requirements of this section to theextent that the vehicles required by this section are not available or do notmeet the specific needs of the agency; provided that life cycle vehicle andfuel costs may be included in the determination of whether a particular vehiclemeets the needs of the agency.  Estimates of future fuel costs shall be basedon projections from the United States Energy Information Administration.

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

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