Tennessee § 4-3-1109 - Energy efficient state vehicles.

§ 4-3-1109. Energy efficient state vehicles.

The commissioner shall encourage the acquisition of energy-efficient and alternative fuel motor vehicles in the fleet of state vehicles. Each year, every effort should be made to achieve a target goal that one hundred percent (100%) of newly purchased passenger motor vehicles be energy-efficient or alternative fuel motor vehicles. The department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles procured for use in areas designated by the United States environmental protection agency (EPA) as nonattainment areas shall be all electric or hybrid-electric vehicles or vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. In the event that such vehicles or fueling infrastructure is not available at the time of procurement, the department may instead meet this mandate by procuring compact fuel-efficient vehicles. In areas not designated by the EPA as nonattainment areas, the department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles are all electric or hybrid-electric vehicles, vehicles powered by natural gas or propane, or compact fuel-efficient vehicles; provided, that such vehicles are purchased at competitive prices. Commencing June 30, 2013, the commissioner shall compile and maintain information on the nature of passenger motor vehicles that are owned and leased by the state, including, but not limited to: The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency. The commissioner shall file an annual report with the governor and the general assembly concerning such passenger motor vehicles. The report shall include at a minimum: Problems or concerns the state may have experienced in meeting the target goal set pursuant to subsection (a) relative to obtaining such energy-efficient motor vehicles; Any savings or increased expenditures to the state in the purchase of, as well as the operation and maintenance cost of, such motor vehicles; Plans for integrating energy-efficient motor vehicles identified in subdivisions (c)(1)(E) and (G) into the state passenger motor vehicle fleet; The volume of gasoline or diesel displaced by the usage of energy-efficient or alternative fuel vehicles; and The emissions reduction achieved by the usage of energy-efficient or alternative fuel vehicles. The information compiled and maintained pursuant to subdivisions (b)(1) and (2) shall be made accessible to the public on the department's web site through a prominent link provided on the home page. In addition, the department shall submit an annual report containing the information compiled and maintained pursuant to subdivisions (b)(1) and (2) to the speaker of the senate and the speaker of the house of representatives and to the chairs of the committees concerning government operations and to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives. For purposes of this section, unless the context otherwise requires: “Energy-efficient motor vehicle” means a passenger motor vehicle that is: An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486); A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy; A hybrid-electric vehicle (HEV); A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased; An electric vehicle (EV); A vehicle powered by natural gas or propane; or A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and “Passenger motor vehicle” means a motor vehicle designed for carrying six (6) or fewer adult passengers and used for the transportation of persons; provided, that vans, including cargo vans, trucks, sport utility vehicles, and police pursuit vehicles shall not be considered passenger motor vehicles. For purchases of vehicles that are not passenger motor vehicles, including cargo vans, trucks, and sport utility vehicles, the department is encouraged to make reasonable efforts to achieve a target goal that at least five percent (5%) of newly purchased vehicles are vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. In order to facilitate the development of natural gas and propane fueling infrastructure, the department is authorized to participate in such pilot projects as may be necessary to ensure the availability of natural gas and propane fueling infrastructure throughout the interstate highway corridors in this state. Acts 2007, ch. 532, § 1; 2009, ch. 529, §§ 7-13; 2012, ch. 604, § 4; 2013, ch. 236, § 4; 2013, ch. 423, § 2; 2014, ch. 591, §§ 1, 2. Compiler's Notes. Former § 4-3-1109 (Acts 1983, ch. 429, § 9), concerning solar hot water heaters in the energy management program, was repealed by Acts 1999, ch. 457, § 4, effective June 17, 1999. Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.” For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529. Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended subsection (a), added subdivision (b)(2)(C), amended subdivision (c)(1)(D), and added subdivisions (c)(1)(E)-(G), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014. Acts 2013, ch. 423, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Energy Independence Act of 2013.” For the Preamble to the act concerning alternative fuel vehicles and fueling infrastructure, please refer to Acts 2013, ch. 423.