SECTIONS 25722-25723 - California Statutes

PUBLIC RESOURCES CODE

SECTION 25722-25723

25722. (a) On or before January 31, 2003, the commission, the
Department of General Services, and the State Air Resources Board, in
consultation with any other state agency that the commission, the
department, and the state board deem necessary, shall develop and
adopt fuel-efficiency specifications governing the purchase by the
state of motor vehicles and replacement tires that, on an annual
basis, will reduce petroleum consumption of the state vehicle fleet
to the maximum extent practicable and cost-effective.
(b) In developing the specifications, the commission and the
department shall jointly conduct a study to examine state vehicle
purchasing patterns, including the purchase of after market tires,
and to analyze the costs and benefits of reducing the energy
consumption of the state vehicle fleet by no less than 10 percent on
or before January 1, 2005.
(c) The study shall include an analysis of all of the following
topics:
(1) Use of alternative fuels.
(2) Use of fuel-efficient vehicles.
(3) Costs and benefits of decreasing the size of the state vehicle
fleet.
(4) Reduction in vehicle trips and increase in use of alternative
means of transportation.
(5) Improved vehicle maintenance.
(6) Costs and benefits of using fuel-efficient tires relative to
using retreaded tires, as described in the Retreaded Tire Program
(Chapter 7 (commencing with Section 42400) of Part 3 of Division 30
of the Public Resources Code).
(7) The costs and benefits of purchasing high fuel efficiency
gasoline vehicles, including hybrid electric vehicles, instead of
flexible fuel vehicles.
(d) On or before January 31, 2003, and annually thereafter, the
commission, the Department of General Services, and the State Air
Resources Board, in consultation with any other state agency that the
commission, the department, and the state board deem necessary,
shall develop and adopt air pollution emission specifications
governing the purchase by the state of passenger cars and light-duty
trucks that meet or exceed California's Ultra-Low Emission Vehicle
(ULEV) standards for exhaust emissions (13 Cal. Code Regs. 1960.1).
(e) If the study described in subdivision (b) determines that
lower cost measures exist that deliver petroleum reductions
equivalent to applicable federal requirements governing the state
purchase of passenger cars and light-duty trucks, the state shall
pursue a waiver from those federal requirements.

25722.5. (a) In order to achieve the policy objectives set forth in
Sections 25000.5 and 25722, the Department of General Services, in
consultation with the commission and the State Air Resources Board,
shall develop and adopt specifications and standards for all
passenger cars and light-duty trucks that are purchased or leased on
behalf of, or by, state offices, agencies, and departments. An
authorized emergency vehicle, as defined in Section 165 of the
Vehicle Code, that is equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code is exempt from the
requirements of this section. The specifications and standards shall
include the following:
(1) Minimum air pollution emission specifications that meet or
exceed California's Ultra-Low Emission Vehicle II (ULEV II) standards
for exhaust emissions (13 Cal. Code Regs. 1961). These
specifications shall apply on January 1, 2006, for passenger cars and
on January 1, 2010, for light-duty trucks.
(2) Notwithstanding any other provision of law, the utilization of
procurement policies that enable the Department of General Services
to do all of the following:
(A) Evaluate and score emissions, fuel costs, and fuel economy in
addition to capital cost to enable the Department of General Services
to choose the vehicle with the lowest life-cycle cost when awarding
a state vehicle procurement contract.
(B) Maximize the purchase or lease of hybrid or "Best in Class"
vehicles that are substantially more fuel efficient than the class
average.
(C) Maximize the purchase or lease of available vehicles that meet
or exceed California's Super Ultra-Low Emission Vehicle (SULEV)
passenger car standards for exhaust emissions.
(D) Maximize the purchase or lease of alternative fuel vehicles.
(3) In order to discourage the unnecessary purchase or leasing of
a sport utility vehicle and a four-wheel drive truck, a requirement
that each state office, agency, or department seeking to purchase or
lease that vehicle, demonstrate to the satisfaction of the Director
of General Services or to the entity that purchases or leases
vehicles for that office, agency, or department, that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
(b) The specifications and standards developed and adopted
pursuant to subdivision (a) do not apply upon the development and
implementation of the method, criteria, and procedure described in
Section 25722.6.
(c) Each state office, agency, and department shall review its
vehicle fleet and, upon finding that it is fiscally prudent, cost
effective, or otherwise in the public interest to do so, shall
dispose of nonessential sport utility vehicles and four-wheel drive
trucks in its fleet and replace these vehicles with more
fuel-efficient passenger cars and trucks.
(d) To the maximum extent practicable, each state office, agency,
and department that has bifuel natural gas, bifuel propane, and flex
fuel vehicles in its vehicle fleet shall use the respective
alternative fuel in those vehicles.
(e) The Director of General Services shall compile annually and
maintain information on the nature of vehicles that are owned or
leased by the state, including, but not limited to, all of the
following:
(1) The number of passenger-type motor vehicles purchased or
leased during the year, and the number owned or leased as of December
31 of each year.
(2) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year.
(3) The number of alternatively fueled vehicles and hybrid
vehicles purchased or leased by the state during the year, and the
total number owned or leased as of December 31 of each year and their
location.
(4) The locations of the alternative fuel pumps available for
those vehicles.
(5) The justification provided for all sport utility vehicles and
four-wheel drive trucks purchased or leased by the state and the
specific office, department, or agency responsible for the purchase
or lease.
(6) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year that are
alternative fuel or hybrid vehicles.
(7) The number of light-duty trucks disposed of under subdivision
(c).
(8) The total dollars spent by the state on passenger-type vehicle
purchases and leases, categorized by sport utility vehicle and
nonsport utility vehicle, and within each of those categories, by
alternative fuel, hybrid and other.
(9) The total annual consumption of gasoline and diesel fuel used
by the state fleet.
(10) The total annual consumption of alternative fuels.
(11) On December 31, 2009, and annually thereafter, the Director
of General Services shall also compile the total annual vehicle miles
traveled by vehicles in the state fleet.
(f) Each state office, agency, and department shall cooperate with
the Department of General Services' data requests in order that the
department may compile and maintain the information required in
subdivision (e).
(g) As soon as practicable, but no later than 12 months after
receiving the data, the information compiled and maintained under
subdivision (e) and a list of those state offices, agencies, and
departments that are not in compliance with subdivision (f) shall be
made available to the public on the Department of General Services'
Internet Web site.
(h) Beginning July 1, 2009, and every three years thereafter, the
Director of General Services shall report to the Legislature and the
Governor the information compiled and maintained pursuant to
subdivision (e).
(i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.

25722.6. (a) On or before December 31, 2008, the Department of
General Services, in conjunction with the State Air Resources Board
and the commission, shall amend the existing "Enhanced Efficiency
Costing Methodology for Passenger Cars and Light-Duty Vehicles" to
rank the environmental and energy benefits, and costs of motor
vehicles for potential procurement by state and local governments.
The vehicle rankings shall include both of the following criteria:
(1) The reduction in greenhouse gas emissions, air pollutant
emissions, and petroleum use on a full fuel-cycle basis, to the
extent possible, based on existing data available to the State Air
Resources Board, the commission, or other reliable sources, including
the California Strategy to Reduce Petroleum Dependence developed
pursuant to subdivision (f) of Section 25720 and the state plan to
increase the use of alternative transportation fuels developed
pursuant to Section 43866 of the Health and Safety Code.
(2) The life-cycle costs of the vehicle and fuel, including
maintenance.
(b) On or before December 31, 2008, the Department of General
Services shall revise its procedures for the procurement of state and
local government vehicles based upon the necessary performance
specifications of the vehicles to perform the required work or tasks
of the vehicles in the fleet. The Department of General Services
shall establish vehicle "classes" depending upon the required work or
tasks and the necessary performance specifications.
(c) On or before July 1, 2009, for the purpose of state fleet
procurement, both of the following shall apply:
(1) Available vehicles in individual classes shall be ranked for
purchase or lease using the method and criteria developed in
subdivision (a).
(2) (A) Vehicles shall be procured for use in the state fleet that
meet all requirements established by the federal government,
including, but not limited to, the federal Energy Policy Act of 1992,
Public Law 102-486, if applicable, and that have been ranked best in
their class as determined by the evaluation in subdivision (a).
(B) If fueling infrastructure, for the fuel used to rank a vehicle
best in class, is not available, or planned to be available within
two years, the Department of General Services shall procure the
vehicle ranked next best in class for which fueling infrastructure is
or will be available.
(d) The Department of General Services shall evaluate vehicles for
potential addition to the state and local fleets, as described in
this section, on an annual basis, reflecting annual new vehicle
availability.
(e) A vehicle capable of using alternative fuels shall be operated
on those fuels to the maximum extent practicable unless alternative
fuels are not readily available or other factors exist that may
prevent the use of those fuels in the area in which the vehicle is
used.
(f) The Department of General Services shall do both of the
following:
(1) During the normal course of coordination and contracting with
nearby fueling stations, provide information related to the
alternative fuel vehicles in the state fleet and request the stations
to provide a fuel supply to meet that demand.
(2) When replacing, retrofitting, or installing a fueling tank or
infrastructure at a facility that fuels state vehicles, the
Department of General Services shall consider requesting competitive
bids for alternative fuel infrastructure that would meet the needs of
vehicles used, or planned to be used, in that facility.
(g) Authorized emergency vehicles as defined in Section 165 of the
Vehicle Code, that are equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code, are exempt from the
requirements of this section.
(h) Each state office, agency, or department seeking to purchase
or lease a sport utility vehicle or four-wheel drive vehicle shall
demonstrate to the satisfaction of the Director of General Services
or the entity that purchases or leases vehicles that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
(i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.

25722.7. (a) In order to further achieve the policy objectives set
forth in Sections 25000.5, 25722, and 25722.5, on or before June 1,
2007, the Department of General Services in consultation with the
State Energy Resources Conservation and Development Commission shall
establish a minimum fuel economy standard that is above the standard,
as it exists on January 1, 2007, established pursuant to Section
3620.1 of the State Administrative Manual, for the purchase of
passenger vehicles and light duty trucks for the state fleet that are
powered solely by internal combustion engines utilizing fossil
fuels.
(b) On or after January 1, 2008, all new state fleet purchases of
passenger vehicles and light duty trucks powered solely by internal
combustion engines utilizing fossil fuels, by the Department of
General Services and any other state entities shall meet the fuel
economy standard established under subdivision (a).
(c) Authorized emergency vehicles, as defined in Section 165 of
the Vehicle Code, and vehicles identified in paragraph (3) of
subdivision (a) of Section 25722.5 are exempt from this section.
(d) Vehicles purchased, that are modified for the following
purposes, are exempt from this section.
(1) To provide services by a state entity to an individual with a
disability or a developmental disability, as defined under the
statutes or regulations governing that state entity.
(2) As a reasonable accommodation for the known physical or mental
disability, as defined in Section 12926 of the Government Code, of
an employee.
(e) For purposes of this section, "state entities" includes all
state departments, boards, commissions, programs, and other
organizational units of the executive, legislative, and judicial
branches of state government, the California Community Colleges, the
California State University, and the University of California.
(f) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.

25722.8. (a) On or before July 1, 2009, the Secretary of State and
Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
(1) By January 1, 2012, a 10-percent reduction or displacement.
(2) By January 1, 2020, a 20-percent reduction or displacement.
(b) Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall provide to the Department of
Finance and the appropriate legislative committees of the Legislature
a progress report on meeting the goals specified in subdivision (a).
The Department of General Services shall also make the progress
report available on its Internet Web site.

25723. On or before January 31, 2003, the commission, in
consultation with any other state agency that the commission deems
necessary, shall develop and adopt recommendations for consideration
by the Governor and the Legislature of a California State
Fuel-Efficient Tire Program. The commission shall make
recommendations on all of the following items:
(a) Establishing a test procedure for measuring tire fuel
efficiency.
(b) Development of a data base of fuel efficiency of existing
tires in order to establish an accurate baseline of tire efficiency.
(c) A rating system for tires that provides consumers with
information on the fuel efficiency of individual tire models.
(d) A consumer-friendly system to disseminate tire fuel-efficiency
information as broadly as possible. The commission shall consider
labeling, Web site listing, printed fuel economy guide booklets, and
mandatory requirements for tire retailers to provide fuel-efficiency
information.
(e) A study to determine the safety implications, if any, of
different policies to promote fuel efficient replacement tires in the
consumer market.
(f) A mandatory fuel-efficiency standard for all after market
tires sold in California.
(g) Consumer incentive programs that would offer a rebate to
purchasers of replacement tires that are more fuel efficient than the
average replacement tire.