414.400. Definitions--program for state fuel consumption reduction, fleet management and promotion of alternative fuels, University of Missouri, included duties--exceptions for certain vehicles.

MISSOURI STATUTES AND CODES

414.400. Definitions--program for state fuel consumption reduction, fleet management and promotion of alternative fuels, University of Missouri, included duties--exceptions for certain vehicles.

Definitions--program for state fuel consumption reduction, fleetmanagement and promotion of alternative fuels, University ofMissouri, included duties--exceptions for certain vehicles.

414.400. 1. As used in sections 414.400 to 414.417, the following termsmean:

(1) "Alternative fuel", any fuel, including any alcohol fuel containingeighty-five percent or more by volume of such alcohol or other such percentagenot less than seventy percent if determined by the United States Department ofEnergy by rule to be necessary to provide for the requirements of cold start,safety, or vehicle functions, natural gas, liquefied petroleum gas, any fuelother than alcohol derived from biological materials when designated by theUnited States Department of Energy as an alternative fuel, and hydrogen, orany power source, including electricity, and any other fuel that the UnitedStates Department of Energy determines by final rule is substantially notpetroleum and would yield substantial energy security and environmentalbenefits, used in a vehicle that complies with the standards and requirementsapplicable to such vehicle pursuant to sections 414.400 to 414.417 when usingsuch fuel or power source;

(2) "CAFE standard", the federal Corporate Average Fuel Economystandard, 15 U.S.C. 2002 or 40 CFR Parts 86 and 600 or 49 CFR Part 538 orproposed rule 49 CFR Part 538 until such rule is finalized;

(3) "Department", the department of natural resources;

(4) "Director", the director of the department of natural resources;

(5) "State agency", the same meaning as such term is defined in section536.010, RSMo;

(6) "Vehicle fleet", any fleet comprised of vehicles with amanufacturer's gross vehicle weight rating of not more than eight thousandfive hundred pounds registered for operation on the highways of this statepursuant to chapter 301, RSMo.

2. The department in consultation with the commissioner ofadministration shall develop and implement a program to manage andprogressively reduce state agency vehicle fleet fuel consumption and promotethe use of alternative fuels. The program shall require state agencies tomeet minimum guidelines for efficient fleet management. Such guidelines shallbe updated and revised every two years and shall require the overall vehiclefleet fuel efficiency for each agency to meet or exceed the fuel efficiencythat would be achieved if each vehicle in the agency's fleet met the CAFEstandard. The department may promulgate rules necessary to implement suchguidelines. Further, provided that suppliers or state agencies have or canreasonably be expected to have established alternative fuel refueling stationsas needed, the program shall require that at least thirty percent of all motorfuel purchased annually for use in alternative fuel vehicles, calculated ingasoline gallon equivalents, to be alternative fuel by July 1, 2001. Anyalternative fuel purchased by a state agency for use in vehicles not includedin their vehicle fleet as defined in subsection 1 of this section, calculatedin gasoline gallon equivalents, may be credited toward the annual alternativefuel purchase goal. The program shall systematically replace existingstate-owned vehicles and vehicles paid for with any state money, includingvehicles purchased by the university system, with vehicles manufactured,assembled or produced in the United States, as required by sections 34.350 to34.359, RSMo.

3. The commissioner of administration shall identify specific vehiclemodels within each vehicle procurement class that meet or exceed the CAFEstandard. State agencies shall identify specific vehicle models within eachvehicle procurement class that have a life cycle cost which is less than orequal to the average life cycle cost of those vehicles in the class which aremanufactured, assembled or produced in the United States. Life cycle costsshall include but are not limited to the original cost of the vehicle,conversion cost if applicable, costs associated with vehicle emissions to theextent that such statistics are available, and projected cost of operation,including fuel cost and maintenance and salvage value to the extent thatreliable maintenance and salvage value statistics are available. Unless astate agency submits to the department a fleet efficiency plan that complieswith the minimum guidelines for energy efficiency established pursuant tosubsection 2 of this section, or unless otherwise approved by the office ofadministration pursuant to subsection 4 of this section, all purchases ofvehicles for state agency vehicle fleets shall meet the above standards.

4. The commissioner of administration may waive the CAFE standardrequirements of subsection 3 of this section, for only those vehicles whichsatisfy one or more of the following conditions, for any state agency uponreceipt of documentation that has been certified by the director of the stateagency as satisfying one or more of the following conditions:

(1) Such vehicles are used primarily in off-road, construction, or roadmaintenance applications;

(2) Such vehicles are regularly used in the movement of maintenance orconstruction equipment;

(3) Such vehicles are trucks or utility vehicles as defined by theoffice of administration that are regularly used to transport trailers for thepurpose of moving state equipment; or

(4) Such vehicles are vehicles with manufacturer-stated seating capacityexceeding that for six persons and the director of the agency has certifiedthat the vehicle will be used to transport its rated capacity in personsand/or cargo. Agencies which are granted such waivers shall comply with the planningrequirements of section 414.403.

5. The purchase of all class III vehicles, as defined by the office ofadministration, shall be approved through the appropriations process for alldepartments except the highway patrol. The provisions of this subsectionshall not apply to the purchase of used vehicles from the highway patrol.