Bill Text: MS HB330 | 2013 | Regular Session | Introduced
Bill Title: Government owned vehicles; authorize and encourage conversion to operate on an alternative fuel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB330 Detail]
Download: Mississippi-2013-HB330-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Energy
By: Representative Boyd
House Bill 330
AN ACT TO AUTHORIZE THE CONVERSION OF SCHOOL AND GOVERNMENT VEHICLES TO OPERATE ON AN ALTERNATIVE FUEL; TO DEFINE CERTAIN TERMS; TO REQUIRE A VEHICLE CONVERTED TO OPERATE ON AN ALTERNATIVE FUEL TO USE THE ALTERNATIVE FUEL WHENEVER THERE IS A FILL STATION OR CHARGE STATION WITHIN FIVE MILES OF THE VEHICLE'S HOME BASE AND THE ALTERNATIVE FUEL PRICE IS COMPARABLE TO THE PRICE OF THE DISPLACED FUEL; TO AMEND SECTION 37-41-81, MISSISSIPPI CODE OF 1972, TO ENCOURAGE SCHOOL DISTRICTS TO CONSIDER PURCHASING ONLY MOTOR VEHICLES THAT ARE CAPABLE OF OPERATING ON AN ALTERNATIVE FUEL; TO BRING FORWARD SECTION 25-1-77, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE BUREAU OF FLEET MANAGEMENT TO PREPARE A FISCAL ANALYSIS OF THE COST EFFECTIVENESS OF USING ALTERNATIVE FUELS AND ENERGY SOURCES IN STATE-OWNED VEHICLES AND TO ENCOURAGE THE USE OF SUCH VEHICLES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly indicates otherwise:
(a) "Alternative fuels" means natural gas and liquid fuels produced from natural gas, liquefied petroleum gas, ethanol, methanol, electricity, biodiesel, coal-derived liquid fuels, hydrogen and fuels derived from biological materials.
(b) "Charge station" means the physical device that provides a connection from a power source to an electric vehicle.
(c) "Conversion equipment" means the equipment installed to modify a motor vehicle that is propelled by gasoline or diesel fuel so that the vehicle may be propelled by an alternative fuel.
(d) "Diesel fuel" means diesel engine fuel and all other liquids suitable for the generation of power for the propulsion of motor vehicles except gasoline.
(e) "Fill station" means the equipment and conveyance property that provides the delivery and, if required, compression of an alternative fuel other than electricity.
(f) "Gasoline" means the same as motor fuel and means every liquid petroleum product, or any combination thereof, other than solvents as defined in this subsection, having an A.P.I. gravity of forty-six degrees (46°) or above at a temperature of sixty degrees (60°) Fahrenheit and at atmospheric pressure, and includes drip, casinghead or natural gasoline. The term gasoline also includes any liquid of less than forty-six degrees (46°) A.P.I. gravity at a temperature of sixty degrees (60°) Fahrenheit compounded, blended, manufactured or otherwise produced by mixing or blending gasoline or solvents with any blending materials when the blended product can be used for generating power in internal combustion engines, regardless of how such liquid is made, compounded, manufactured or recovered and regardless of the name by which such liquid may be known or sold.
(g) "Government vehicle" means all motor vehicles owned and operated by the State of Mississippi or any political subdivision of the state, including counties, municipalities, school districts and other established governmental districts, and includes, but is not limited to: transit vehicles operated by any governmental entity: buses; trucks; law enforcement vehicles; and emergency vehicles.
(h) "School vehicle" means all buses and multi-passenger motor vehicles owned and operated the State Department of Education or any school district within this state.
(i) "Solvents" means especially prepared commercial and industrial solvents, cleaners' and painters' naphthas, and raw petroleum materials or petrochemical intermediates when used as or sold for use in production or manufacture of plastics, detergents, synthetic rubber, herbicides, insecticides and other chemicals or products which are not prepared, advertised, offered for sale or sold for use or suitable for use as fuel for generating power in internal combustion engines.
(2) All school vehicles and all government vehicles may be converted to operate on an alternative fuel.
(3) Any vehicle converted to have the capability of being fueled or charged by alternative fuels pursuant to this act may not be sold or otherwise transferred to another person or entity unless such conversion equipment is removed and installed on another government vehicle or school vehicle owned by such public entity.
(4) All school vehicles and all government vehicles that are converted to operate on alternative fuel are required to use the alternative fuel whenever a fill station or charge station is in operation within a radius of five (5) miles of the respective office or place of business of the governmental entity that has converted vehicles to operate on alternative fuel, and the price of the alternative fuel is comparable to the price of the fuel being displaced.
(5) School vehicles and government vehicles that are capable of operating on a conventional fuel as well as an alternative fuel are exempt from the restriction prescribed in subsection (4) of this section when the vehicle or vehicles must be refueled outside the radius of five (5) miles of the governmental entity's office or place of business that has the vehicle and no alternative fuel fill station or charge station is reasonably available.
SECTION 2. Section 37-41-81, Mississippi Code of 1972, is amended as follows:
37-41-81. (1) The local school boards of this state are hereby authorized and empowered to purchase, own and operate, under such rules and regulations as may be prescribed by the State Board of Education, motor vehicles and other equipment for the transportation of children to and from the public schools of the respective counties and school districts, and to provide for the servicing, repair, care and maintenance of such county or district-owned motor vehicles and to employ drivers for the operation thereof, and to establish, erect and equip school bus shops or garages, and purchase land therefor, all under such rules and regulations as may be prescribed by the State Board of Education.
(2) Beginning on July 1, 2013, all school districts within this state are encouraged to consider purchasing only motor vehicles that have the capability to operate on an alternative fuel, as authorized under Section 1 of this act.
SECTION 3. Section 25-1-77, Mississippi Code of 1972, is brought forward as follows:
25-1-77. (1) There is created the Bureau of Fleet Management within the Office of Purchasing, Travel and Fleet Management, Department of Finance and Administration, for the purposes of coordinating and promoting efficiency and economy in the purchase, lease, rental, acquisition, use, maintenance and disposal of vehicles by state agencies. The Executive Director of the Department of Finance and Administration may employ a Fleet Management Officer to manage the bureau and carry out its purposes. The bureau may employ other suitable and competent personnel as necessary. The bureau shall encourage the use of fuel efficient or hybrid vehicles appropriate for the state agency's intended purpose and, when feasible, the use of alternative fuels or energy sources, including, but not limited to, ethanol, biodiesel, natural gas or electric power. The bureau shall prepare a fiscal analysis of the cost-effectiveness of using alternative fuel or energy source vehicles by state agencies, and submit a report of that fiscal analysis to the Legislature by December 15, 2009. Not later than July 1, 2014, at least seventy-five percent (75%) of all vehicles to which the bureau holds title in the name of the state must have a fuel economy estimate by the United States Environmental Protection Agency of forty (40) miles per gallon or higher for highway driving.
(2) The Bureau of Fleet Management shall perform the following duties:
(a) To hold title in the name of the State of Mississippi to all vehicles currently in possession of state agencies as defined in Section 25-9-107(d) and to assign vehicles to such agencies for use; however, the bureau shall exempt any agency or agency vehicles from the provisions of this paragraph (a) if it determines that state or federal law requires that title be vested only in the agency;
(b) To establish rules and regulations for state agency use of vehicles;
(c) To gather information and specify proper fleet management practices for state agencies;
(d) To acquire fleet management software and require agencies to provide necessary information for the bureau to properly monitor the size, use, maintenance and disposal of the state's fleet of vehicles; the bureau shall communicate regularly with the fleet managers of each state agency to determine strengths and weaknesses of the various fleet operations; the bureau shall disseminate information to the agencies so that each can take advantage of any beneficial practices being incorporated at other entities; the bureau shall promulgate rules and regulations concerning the mileage reimbursement practices of each state agency;
(e) To carry out responsibilities relative to budget recommendations as provided in Section 27-103-129;
(f) To reassign vehicles in the possession of any state agency if the bureau believes that another state agency can make more efficient use of a vehicle; however, the state agency receiving the reassigned vehicle shall pay to the previous agency's special fund, or if no special fund exists to the State General Fund, the National Automobile Dealers Association (NADA) wholesale value for the vehicle or the estimated amount for which the vehicle would have sold at auction, as shall be determined by the bureau, whichever is less;
(g) To investigate at any time the vehicle usage practices of any state agency; and
(h) To require each agency to submit to the bureau a vehicle acquisition/use/disposal plan on an annual basis. From the plans received, the bureau shall evaluate the proposed plans and shall submit a recommendation to the Legislature prior to January 1 of each year.
(3) No state department, institution or agency shall purchase, rent, lease or acquire any motor vehicle, regardless of the source of funds from which the motor vehicle is to be purchased, except under authority granted by the Department of Finance and Administration. The Bureau of Fleet Management, Department of Finance and Administration, shall promulgate rules and regulations governing the purchase, rental, lease or acquisition of any motor vehicle by a state department, institution or agency with regard to the appropriateness of the vehicle to its intended use. The Bureau of Fleet Management, Department of Finance and Administration, shall only grant authority to purchase, rent, lease or acquire a motor vehicle which is the lowest cost vehicle to carry out its intended use. Before the disposal or sale of any vehicle, the Bureau of Fleet Management shall make a determination that the lifetime use and mileage of the vehicle has been maximized and that it would not be feasible for another state agency to use the vehicle.
(4) The department, institution or agency shall maintain proper documentation which provides the intended use of the vehicle and the basis for choosing the vehicle. Such documentation shall show that the department, institution or agency made diligent efforts to purchase, rent, lease or acquire a vehicle that is the lowest cost vehicle for its intended use. Such documentation shall be updated as needed when the intended use of the vehicle or any other facts concerning the vehicle are changed. All such documentation shall be approved by the State Fleet Officer prior to purchase, rental, lease or acquisition or change in use of any vehicle and shall be maintained and made available for review by the State Auditor, any other reviewing agency and the Legislature. The Bureau of Fleet Management shall immediately notify the department head of any agency that has a vehicle found to be in violation of the bureau's rules and regulations. At the same time, the bureau shall notify the Speaker of the House of Representatives and the Lieutenant Governor of its findings regarding any such vehicle. If the violation is not rectified within five (5) days of the notice, then the bureau may seize the vehicle and dispose of it as the bureau deems to be in the best interest of the State of Mississippi.
(5) On or before September 1 of each year, the Bureau of Fleet Management shall prepare and deliver to the Senate and House Appropriations Committees and the Joint Legislative Budget Committee a report containing any irregularities that it finds concerning purchases of state-owned vehicles.
(6) The Department of Public Safety and the Department of Wildlife, Fisheries and Parks may retain any vehicle seized pursuant to the forfeiture laws of this state, and the total number of vehicles assigned to each such agency shall not be reduced by the number of seized vehicles which the agency retains.
(7) The Bureau of Fleet Management, upon request, shall grant an exemption from the provisions of this section for only any vehicle assigned to a sworn officer of the Department of Public Safety and used in undercover operations when the bureau determines that compliance could jeopardize the life, health or safety of the sworn officer.
(8) The provisions of this section shall not apply to any state institution of higher learning.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
