§103D-412  Motor vehicle requirements.  (a)  The procurement policy for all agencies purchasing or leasing light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency.  Priority for selecting vehicles shall be as follows:

     (1)  Zero-emission vehicles;

     (2)  Plug-in hybrid electric vehicles;

     (3)  Alternative fuel vehicles; and

     (4)  Hybrid electric vehicles.

     (b)  Vehicles shall not be larger than necessary for their intended functions.

     (c)  For the purposes of this section:

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

     "Alternative fuel" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that "alternative fuel" includes liquid or gaseous fuels produced from renewable feedstocks, such as organic wastes, or from water using electricity from renewable energy sources.

     "Alternative fuel vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

     "Covered fleet" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490 subpart C.

     "Excluded vehicles" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.3.

     "Fuel cell electric vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.501.

     "Hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.

     "Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

     "Plug-in hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations part 86.1803‑01.

     "Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.102-94.

     (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 but shall be included in the calculation of the clean ground transportation goals established under section 196‑9(c)(10).

     (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 title 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; am L 2019, c 143, §1; am L 2021, c 74, §4]