§ 46.2-1179.1. Board to adopt clean alternative fuel fleet standards formotor vehicles; penalty.
A. For purposes of this section:
"Clean alternative fuel" means any fuel, including methanol, ethanol, otheralcohols, reformulated gasoline, diesel, natural gases, liquified petroleumgas, hydrogen, and electricity or other power source used in a clean fuelvehicle that complies with the standards applicable to such vehicle under thefederal Clean Air Act when using such fuel or other power source. In the caseof a flexible fuel vehicle or dual fuel vehicle, "clean alternative fuel"means only a fuel for which the vehicle was certified when operating on cleanalternative fuel.
"Fleet" means any centrally fueled fleet of ten or more motor vehiclesowned or operated by a single entity. "Fleet" does not include motorvehicles held for lease or rental to the general public, motor vehicles heldfor sale by motor vehicle dealers, motor vehicles used for manufacturerproduct tests, law-enforcement and other emergency vehicles, or nonroadvehicles, including farm and construction vehicles.
B. The Board may adopt by regulation motor vehicle clean alternative fuelfleet standards consistent with the provisions of Part C of Title II of thefederal Clean Air Act for model years beginning with the model year 1998 orthe first succeeding model year for which adoption of such standards ispracticable. If adoption and implementation by the Board of an equivalent airpollution reduction program is approved by the federal EnvironmentalProtection Agency, the regulation and program authorized by this sectionshall not become effective. Such regulations shall contain the minimumphase-in schedule contained in § 246 (b) of Part C of Title II of the CleanAir Act. However, nothing in this section shall preclude affected fleetowners from exceeding the minimum requirements of the federal Clean Air Act.Beginning in 1995 and upon adoption of the standards by the Board, the Boardshall require the fleet owned by the federal government to meet the cleanalternative fuel fleet standard and phase-in schedule established by theBoard. If necessary to meet the Board's standards and phase-in schedule, theBoard shall require fleets owned by the federal government to convert aportion of existing fleet vehicles to the use of clean alternative fuels asdefined by the federal Clean Air Act. The standards specified in thissubsection shall apply only to (i) motor vehicles registered in localitiesdesignated by the federal Environmental Protection Agency, pursuant to thefederal Clean Air Act, as serious, severe, or extreme air qualitynonattainment areas, or as maintenance areas formerly designated serious,severe, or extreme and (ii) motor vehicles not registered in theabove-mentioned localities, but having either (a) a base of operations or (b)a majority of their annual travel in one or more of those localities.
C. An owner of a covered fleet shall not use any motor vehicle or motorvehicle engine which is manufactured during or after the first model year towhich the standards specified in subsection A of this section are applicable,if such vehicle or engine is registered or has its base of operations in thelocalities specified in subsection B of this section and has not beencertified in accordance with regulations promulgated by the Board. The Boardmay promulgate regulations providing for reasonable exemptions consistentwith the provisions of Part C of Title II of the federal Clean Air Act. Motorvehicles exempted from the provisions of this section shall forever be exempt.
D. Any person that violates the requirements of this section or anyregulation adopted hereunder shall be subject to the penalties in §§46.2-1187 and 46.2-1187.2. Each day of violation shall be a separate offense,and each motor vehicle shall be treated separately in assessing violations.
E. In order to limit adverse economic and administrative impacts on coveredfleets operating both in Virginia and in neighboring states, the Departmentof Environmental Quality shall, to the maximum extent practicable, coordinatethe provisions of its regulations promulgated under this section withneighboring states' statutes and regulations relating to use of cleanalternative fuels by motor vehicle fleets.
F. The State Corporation Commission, as to matters within its jurisdiction,and the Department of Environmental Quality, as to other matters, may, shouldthey deem such action necessary, promulgate regulations necessary orconvenient to ensure the availability of clean alternative fuels to operatorsof fleets covered by the provisions of this section. The State Air PollutionControl Board may delegate to the Commissioner of Agriculture its authorityunder the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 etseq.) of Title 10.1, to implement and enforce any provisions of itsregulations covering the availability of clean alternative fuels. Uponreceiving such delegation, the authority to implement and enforce theregulations under the Air Pollution Control Law of Virginia shall be vestedsolely in the Commissioner, notwithstanding any provision of law contained inTitle 10.1, except as provided in this section. The State Air PollutionControl Board, in delegating its authority under this section, may make thedelegation subject to any conditions it deems appropriate to ensure effectiveimplementation of the regulations according to the policies of the State AirPollution Control Board.
(1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.)
§ 46.2-1179.1. Board to adopt clean alternative fuel fleet standards formotor vehicles; penalty.
A. For purposes of this section:
"Clean alternative fuel" means any fuel, including methanol, ethanol, otheralcohols, reformulated gasoline, diesel, natural gases, liquified petroleumgas, hydrogen, and electricity or other power source used in a clean fuelvehicle that complies with the standards applicable to such vehicle under thefederal Clean Air Act when using such fuel or other power source. In the caseof a flexible fuel vehicle or dual fuel vehicle, "clean alternative fuel"means only a fuel for which the vehicle was certified when operating on cleanalternative fuel.
"Fleet" means any centrally fueled fleet of ten or more motor vehiclesowned or operated by a single entity. "Fleet" does not include motorvehicles held for lease or rental to the general public, motor vehicles heldfor sale by motor vehicle dealers, motor vehicles used for manufacturerproduct tests, law-enforcement and other emergency vehicles, or nonroadvehicles, including farm and construction vehicles.
B. The Board may adopt by regulation motor vehicle clean alternative fuelfleet standards consistent with the provisions of Part C of Title II of thefederal Clean Air Act for model years beginning with the model year 1998 orthe first succeeding model year for which adoption of such standards ispracticable. If adoption and implementation by the Board of an equivalent airpollution reduction program is approved by the federal EnvironmentalProtection Agency, the regulation and program authorized by this sectionshall not become effective. Such regulations shall contain the minimumphase-in schedule contained in § 246 (b) of Part C of Title II of the CleanAir Act. However, nothing in this section shall preclude affected fleetowners from exceeding the minimum requirements of the federal Clean Air Act.Beginning in 1995 and upon adoption of the standards by the Board, the Boardshall require the fleet owned by the federal government to meet the cleanalternative fuel fleet standard and phase-in schedule established by theBoard. If necessary to meet the Board's standards and phase-in schedule, theBoard shall require fleets owned by the federal government to convert aportion of existing fleet vehicles to the use of clean alternative fuels asdefined by the federal Clean Air Act. The standards specified in thissubsection shall apply only to (i) motor vehicles registered in localitiesdesignated by the federal Environmental Protection Agency, pursuant to thefederal Clean Air Act, as serious, severe, or extreme air qualitynonattainment areas, or as maintenance areas formerly designated serious,severe, or extreme and (ii) motor vehicles not registered in theabove-mentioned localities, but having either (a) a base of operations or (b)a majority of their annual travel in one or more of those localities.
C. An owner of a covered fleet shall not use any motor vehicle or motorvehicle engine which is manufactured during or after the first model year towhich the standards specified in subsection A of this section are applicable,if such vehicle or engine is registered or has its base of operations in thelocalities specified in subsection B of this section and has not beencertified in accordance with regulations promulgated by the Board. The Boardmay promulgate regulations providing for reasonable exemptions consistentwith the provisions of Part C of Title II of the federal Clean Air Act. Motorvehicles exempted from the provisions of this section shall forever be exempt.
D. Any person that violates the requirements of this section or anyregulation adopted hereunder shall be subject to the penalties in §§46.2-1187 and 46.2-1187.2. Each day of violation shall be a separate offense,and each motor vehicle shall be treated separately in assessing violations.
E. In order to limit adverse economic and administrative impacts on coveredfleets operating both in Virginia and in neighboring states, the Departmentof Environmental Quality shall, to the maximum extent practicable, coordinatethe provisions of its regulations promulgated under this section withneighboring states' statutes and regulations relating to use of cleanalternative fuels by motor vehicle fleets.
F. The State Corporation Commission, as to matters within its jurisdiction,and the Department of Environmental Quality, as to other matters, may, shouldthey deem such action necessary, promulgate regulations necessary orconvenient to ensure the availability of clean alternative fuels to operatorsof fleets covered by the provisions of this section. The State Air PollutionControl Board may delegate to the Commissioner of Agriculture its authorityunder the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 etseq.) of Title 10.1, to implement and enforce any provisions of itsregulations covering the availability of clean alternative fuels. Uponreceiving such delegation, the authority to implement and enforce theregulations under the Air Pollution Control Law of Virginia shall be vestedsolely in the Commissioner, notwithstanding any provision of law contained inTitle 10.1, except as provided in this section. The State Air PollutionControl Board, in delegating its authority under this section, may make thedelegation subject to any conditions it deems appropriate to ensure effectiveimplementation of the regulations according to the policies of the State AirPollution Control Board.
(1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.)
§ 46.2-1179.1. Board to adopt clean alternative fuel fleet standards formotor vehicles; penalty.
A. For purposes of this section:
"Clean alternative fuel" means any fuel, including methanol, ethanol, otheralcohols, reformulated gasoline, diesel, natural gases, liquified petroleumgas, hydrogen, and electricity or other power source used in a clean fuelvehicle that complies with the standards applicable to such vehicle under thefederal Clean Air Act when using such fuel or other power source. In the caseof a flexible fuel vehicle or dual fuel vehicle, "clean alternative fuel"means only a fuel for which the vehicle was certified when operating on cleanalternative fuel.
"Fleet" means any centrally fueled fleet of ten or more motor vehiclesowned or operated by a single entity. "Fleet" does not include motorvehicles held for lease or rental to the general public, motor vehicles heldfor sale by motor vehicle dealers, motor vehicles used for manufacturerproduct tests, law-enforcement and other emergency vehicles, or nonroadvehicles, including farm and construction vehicles.
B. The Board may adopt by regulation motor vehicle clean alternative fuelfleet standards consistent with the provisions of Part C of Title II of thefederal Clean Air Act for model years beginning with the model year 1998 orthe first succeeding model year for which adoption of such standards ispracticable. If adoption and implementation by the Board of an equivalent airpollution reduction program is approved by the federal EnvironmentalProtection Agency, the regulation and program authorized by this sectionshall not become effective. Such regulations shall contain the minimumphase-in schedule contained in § 246 (b) of Part C of Title II of the CleanAir Act. However, nothing in this section shall preclude affected fleetowners from exceeding the minimum requirements of the federal Clean Air Act.Beginning in 1995 and upon adoption of the standards by the Board, the Boardshall require the fleet owned by the federal government to meet the cleanalternative fuel fleet standard and phase-in schedule established by theBoard. If necessary to meet the Board's standards and phase-in schedule, theBoard shall require fleets owned by the federal government to convert aportion of existing fleet vehicles to the use of clean alternative fuels asdefined by the federal Clean Air Act. The standards specified in thissubsection shall apply only to (i) motor vehicles registered in localitiesdesignated by the federal Environmental Protection Agency, pursuant to thefederal Clean Air Act, as serious, severe, or extreme air qualitynonattainment areas, or as maintenance areas formerly designated serious,severe, or extreme and (ii) motor vehicles not registered in theabove-mentioned localities, but having either (a) a base of operations or (b)a majority of their annual travel in one or more of those localities.
C. An owner of a covered fleet shall not use any motor vehicle or motorvehicle engine which is manufactured during or after the first model year towhich the standards specified in subsection A of this section are applicable,if such vehicle or engine is registered or has its base of operations in thelocalities specified in subsection B of this section and has not beencertified in accordance with regulations promulgated by the Board. The Boardmay promulgate regulations providing for reasonable exemptions consistentwith the provisions of Part C of Title II of the federal Clean Air Act. Motorvehicles exempted from the provisions of this section shall forever be exempt.
D. Any person that violates the requirements of this section or anyregulation adopted hereunder shall be subject to the penalties in §§46.2-1187 and 46.2-1187.2. Each day of violation shall be a separate offense,and each motor vehicle shall be treated separately in assessing violations.
E. In order to limit adverse economic and administrative impacts on coveredfleets operating both in Virginia and in neighboring states, the Departmentof Environmental Quality shall, to the maximum extent practicable, coordinatethe provisions of its regulations promulgated under this section withneighboring states' statutes and regulations relating to use of cleanalternative fuels by motor vehicle fleets.
F. The State Corporation Commission, as to matters within its jurisdiction,and the Department of Environmental Quality, as to other matters, may, shouldthey deem such action necessary, promulgate regulations necessary orconvenient to ensure the availability of clean alternative fuels to operatorsof fleets covered by the provisions of this section. The State Air PollutionControl Board may delegate to the Commissioner of Agriculture its authorityunder the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 etseq.) of Title 10.1, to implement and enforce any provisions of itsregulations covering the availability of clean alternative fuels. Uponreceiving such delegation, the authority to implement and enforce theregulations under the Air Pollution Control Law of Virginia shall be vestedsolely in the Commissioner, notwithstanding any provision of law contained inTitle 10.1, except as provided in this section. The State Air PollutionControl Board, in delegating its authority under this section, may make thedelegation subject to any conditions it deems appropriate to ensure effectiveimplementation of the regulations according to the policies of the State AirPollution Control Board.
(1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.)
