A260

An Act concerning the purchase of new vehicles by the State and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Alternative fuel" means any non-petroleum based fuel such as methanol, denatured ethanol, and other alcohols; any mixture containing 85% or more by volume of methanol, denatured ethanol and other alcohols, or fuels other than alcohol derived from animal, biological or vegetable materials, with gasoline and other fuels, including, but not limited to, certain blends of biodiesel; fuel other than alcohol derived from animal, biological or vegetable materials not mixed with gasoline or other fuels; natural gas, propane, liquefied petroleum gas, hydrogen, coal-derived liquid fuels, electricity, and any other fuel designated by the Secretary of Energy as an alternative fuel. The term "alternative fuel" shall not include the reformulated gasoline required to be sold pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., or any fuel that is more than 15% petroleum-based by volume.

"Alternative fuel vehicle" means a motor vehicle capable of operating primarily on alternative fuel, except for hybrid electric vehicles and fuel cell vehicles. The term "alternative fuel vehicle" includes any vehicle, except for hybrid electric vehicles and fuel cell vehicles, that has the capability of operating on either alternative fuel or gasoline; any vehicle that does not have a tank for gasoline and can operate only on alternative fuel; and any type of vehicle designated an alternative fuel vehicle by federal law or the Secretary of Energy;

"Alternative technology vehicle" means any vehicle that is certified to meet the California Air Resources Board ultra-low emissions vehicle requirements for the applicable model year or cleaner standards, and is a hybrid electric vehicle, a fuel cell vehicle, or any motor vehicle that operates primarily on alternative fuel but has been determined to not be an alternative fuel vehicle by the Secretary of Energy.

2. No new vehicle shall be purchased by the State unless it is certified to meet the California Air Resources Board low emissions vehicle, ultra low emissions vehicle, super ultra low emissions vehicle or a zero emissions vehicle requirements for the applicable model year, or it is an alternative fuel vehicle or an alternative technology vehicle, except if no such vehicle exists in the vehicle class being purchased.

3. The Commissioner of Environmental Protection and the Commissioner of Transportation shall monitor the development of alternative fuel, alternative technology and zero emissions vehicles, and shall determine, in consultation with the State Treasurer, when a sufficient supply of zero emissions vehicles are available and the necessary infrastructure is in place to allow their use in order to satisfy the new vehicle purchasing needs of the State. Upon making the determination that a sufficient supply of zero emissions vehicles are available and the necessary infrastructure is in place, the Commissioner of Environmental Protection and the Commissioner of Transportation shall certify to the State Treasurer that the requirements of section 4 of this act may take effect and be enforced and shall issue this certification in writing.

4. a. In the next fiscal year beginning after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation issued the certification pursuant to section 2 of this act, no less than 10 percent of all new vehicles purchased by the State shall be zero emissions vehicles, except if no such vehicle exists in the vehicle class being purchased.

b. In the fiscal year beginning two years after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation have issued the certification pursuant to section 2 of this act, no less than 25 percent of all new vehicles purchased by the State shall be zero emissions vehicles, except if no such vehicle exists in the vehicle class being purchased.

c. In the fiscal year beginning three years after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation have issued the certification pursuant to section 2 of this act, no less than 50 percent of all new vehicles purchased by the State shall be zero emissions vehicles, except if no such vehicle exists in the vehicle class being purchased.

d. In the fiscal year beginning four years after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation have issued the certification pursuant to section 2 of this act, no less than 75 percent of all new vehicles purchased by the State shall be zero emissions vehicles, except if no such vehicle exists in the vehicle class being purchased.

e. In the fiscal year beginning five years after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation have issued the certification pursuant to section 2 of this act, each new vehicle purchased by the State shall be a zero emissions vehicle, except if no such vehicle exists in the vehicle class being purchased.

5. This act shall take effect on July 1 after the date of enactment.

STATEMENT

This bill requires that any new vehicle purchased by the State be certified as a low emissions vehicle, ultra low emissions vehicle, super ultra low emissions vehicle or a zero emissions vehicle in accordance with the California Air Resources Board and the United States Environmental Protection Agency requirements for such certification of vehicles, or it is an alternative fuel vehicle or an alternative technology vehicle, except if no such vehicle exists in the vehicle class being purchased.

As defined in the bill, "alternative fuel vehicle" means a motor vehicle capable of operating primarily on alternative fuel, except for hybrid electric vehicles and fuel cell vehicles, and "alternative technology vehicle" means any vehicle that is certified to meet the California Air Resources Board ultra-low emissions vehicle standards for the applicable model year or cleaner standards, and is a hybrid electric vehicle, a fuel cell vehicle, or any motor vehicle that operates primarily on alternative fuel but has been determined to not be an alternative fuel vehicle by the Secretary of Energy. The term "alternative fuel vehicle" includes any vehicle, except for hybrid electric vehicles and fuel cell vehicles, that has the capability of operating on either alternative fuel or gasoline; any vehicle that does not have a tank for gasoline and can operate only on alternative fuel; and any type of vehicle designated an alternative fuel vehicle by federal law or the Secretary of Energy.

"Alternative fuel" is defined in the bill as any non-petroleum based fuel such as methanol, denatured ethanol, and other alcohols; any mixture containing 85% or more by volume of methanol, denatured ethanol and other alcohols, or fuels other than alcohol derived from animal, biological or vegetable materials, with gasoline and other fuels, including, but not limited to, certain blends of biodiesel; fuel other than alcohol derived from animal, biological or vegetable materials not mixed with gasoline or other fuels; natural gas, propane, liquefied petroleum gas, hydrogen, coal-derived liquid fuels, electricity, and any other fuel designated by the Secretary of Energy as an alternative fuel. The term "alternative fuel" shall not include the reformulated gasoline required to be sold pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., or any fuel that is more than 15% petroleum-based by volume.

The bill also directs the Commissioner of Environmental Protection and the Commissioner of Transportation to monitor the development of alternative fuel, alternative technology and zero emissions vehicles, and determine, in consultation with the State Treasurer, when a sufficient supply of zero emissions vehicles are available and the infrastructure is in place to allow their use in order to satisfy the new vehicle purchasing needs of the State. The bill further directs the Commissioner of Environmental Protection and the Commissioner of Transportation to certify to the State Treasurer that a sufficient supply of zero emissions vehicles are available and the infrastructure is in place to allow their use in order to satisfy the new vehicle purchasing needs of the State upon making that determination, and issue the certification in writing.

Finally, the bill requires a five-year phase-in of zero emissions vehicles into the State fleet. In the fiscal year beginning after the date that the Commissioner of Environmental Protection and the Commissioner of Transportation have issued the certification required in section 3 of the bill, 10 percent of all new vehicles purchased by the State must be zero emissions vehicles. In the following fiscal year, 25 percent of all new vehicles purchased must be zero emissions vehicles. In the third fiscal year beginning after the date of the certification required under the bill, 50 percent of all new vehicles purchased must be zero emissions vehicles; in the fourth fiscal year beginning after the date of the certification, 75 percent of all new vehicles purchased must be zero emissions vehicles; and in the fifth fiscal year beginning after the date of the certification, each new vehicle purchased by the State must be a zero emissions vehicle. The phase-in is timed to the beginning of fiscal years to allow the State Treasurer and affected departments to plan and prepare for purchasing decisions affected by the requirement.