{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1179.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1179.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1179.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1179.1.html"}],"law_id":59835,"edition_id":1,"section_id":59835,"structure_id":13715,"section_number":"46.2-1179.1","catch_line":"Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty","history":"1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Clean alternative fuel” means any fuel, including methanol, ethanol, other alcohols, reformulated gasoline, diesel, natural gases, liquefied petroleum gas, hydrogen, and electricity or other power source used in a clean fuel vehicle that complies with the standards applicable to such vehicle under the federal Clean Air Act when using such fuel or other power source. In the case of a flexible fuel vehicle or dual fuel vehicle, “clean alternative fuel” means only a fuel for which the vehicle was certified when operating on clean alternative fuel.\n\t\t\t“Fleet” means any centrally fueled fleet of ten or more motor vehicles owned or operated by a single entity. “Fleet” does not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, motor vehicles used for manufacturer product tests, law-enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.B\n\nThe Board may adopt by regulation motor vehicle clean alternative fuel fleet standards consistent with the provisions of Part C of Title II of the federal Clean Air Act for model years beginning with the model year 1998 or the first succeeding model year for which adoption of such standards is practicable. If adoption and implementation by the Board of an equivalent air pollution reduction program is approved by the federal Environmental Protection Agency, the regulation and program authorized by this section shall not become effective. Such regulations shall contain the minimum phase-in schedule contained in § 246 (b) of Part C of Title II of the Clean Air Act. However, nothing in this section shall preclude affected fleet owners from exceeding the minimum requirements of the federal Clean Air Act. Beginning in 1995 and upon adoption of the standards by the Board, the Board shall require the fleet owned by the federal government to meet the clean alternative fuel fleet standard and phase-in schedule established by the Board. If necessary to meet the Board’s standards and phase-in schedule, the Board shall require fleets owned by the federal government to convert a portion of existing fleet vehicles to the use of clean alternative fuels as defined by the federal Clean Air Act. The standards specified in this subsection shall apply only to (i) motor vehicles registered in localities designated by the federal Environmental Protection Agency, pursuant to the federal Clean Air Act, as serious, severe, or extreme air quality nonattainment areas, or as maintenance areas formerly designated serious, severe, or extreme and (ii) motor vehicles not registered in the above-mentioned localities, but having either (a) a base of operations or (b) a majority of their annual travel in one or more of those localities.C\n\nAn owner of a covered fleet shall not use any motor vehicle or motor vehicle engine which is manufactured during or after the first model year to which the standards specified in subsection A of this section are applicable, if such vehicle or engine is registered or has its base of operations in the localities specified in subsection B of this section and has not been certified in accordance with regulations promulgated by the Board. The Board may promulgate regulations providing for reasonable exemptions consistent with the provisions of Part C of Title II of the federal Clean Air Act. Motor vehicles exempted from the provisions of this section shall forever be exempt.D\n\nAny person that violates the requirements of this section or any regulation adopted hereunder shall be subject to the penalties in §§ 46.2-1187 and 46.2-1187.2. Each day of violation shall be a separate offense, and each motor vehicle shall be treated separately in assessing violations.E\n\nIn order to limit adverse economic and administrative impacts on covered fleets operating both in Virginia and in neighboring states, the Department of Environmental Quality shall, to the maximum extent practicable, coordinate the provisions of its regulations promulgated under this section with neighboring states’ statutes and regulations relating to use of clean alternative fuels by motor vehicle fleets.F\n\nThe State Corporation Commission, as to matters within its jurisdiction, and the Department of Environmental Quality, as to other matters, may, should they deem such action necessary, promulgate regulations necessary or convenient to ensure the availability of clean alternative fuels to operators of fleets covered by the provisions of this section. The State Air Pollution Control Board may delegate to the Commissioner of Agriculture its authority under the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1, to implement and enforce any provisions of its regulations covering the availability of clean alternative fuels. Upon receiving such delegation, the authority to implement and enforce the regulations under the Air Pollution Control Law of Virginia shall be vested solely in the Commissioner, notwithstanding any provision of law contained in Title 10.1, except as provided in this section. The State Air Pollution Control Board, in delegating its authority under this section, may make the delegation subject to any conditions it deems appropriate to ensure effective implementation of the regulations according to the policies of the State Air Pollution Control Board.","order_by":null,"text":{"0":{"id":219142,"text":"For purposes of this section:\n\t\t\t“Clean alternative fuel” means any fuel, including methanol, ethanol, other alcohols, reformulated gasoline, diesel, natural gases, liquefied petroleum gas, hydrogen, and electricity or other power source used in a clean fuel vehicle that complies with the standards applicable to such vehicle under the federal Clean Air Act when using such fuel or other power source. In the case of a flexible fuel vehicle or dual fuel vehicle, “clean alternative fuel” means only a fuel for which the vehicle was certified when operating on clean alternative fuel.\n\t\t\t“Fleet” means any centrally fueled fleet of ten or more motor vehicles owned or operated by a single entity. “Fleet” does not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, motor vehicles used for manufacturer product tests, law-enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219143,"text":"The Board may adopt by regulation motor vehicle clean alternative fuel fleet standards consistent with the provisions of Part C of Title II of the federal Clean Air Act for model years beginning with the model year 1998 or the first succeeding model year for which adoption of such standards is practicable. If adoption and implementation by the Board of an equivalent air pollution reduction program is approved by the federal Environmental Protection Agency, the regulation and program authorized by this section shall not become effective. Such regulations shall contain the minimum phase-in schedule contained in § 246 (b) of Part C of Title II of the Clean Air Act. However, nothing in this section shall preclude affected fleet owners from exceeding the minimum requirements of the federal Clean Air Act. Beginning in 1995 and upon adoption of the standards by the Board, the Board shall require the fleet owned by the federal government to meet the clean alternative fuel fleet standard and phase-in schedule established by the Board. If necessary to meet the Board’s standards and phase-in schedule, the Board shall require fleets owned by the federal government to convert a portion of existing fleet vehicles to the use of clean alternative fuels as defined by the federal Clean Air Act. The standards specified in this subsection shall apply only to (i) motor vehicles registered in localities designated by the federal Environmental Protection Agency, pursuant to the federal Clean Air Act, as serious, severe, or extreme air quality nonattainment areas, or as maintenance areas formerly designated serious, severe, or extreme and (ii) motor vehicles not registered in the above-mentioned localities, but having either (a) a base of operations or (b) a majority of their annual travel in one or more of those localities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219144,"text":"An owner of a covered fleet shall not use any motor vehicle or motor vehicle engine which is manufactured during or after the first model year to which the standards specified in subsection A of this section are applicable, if such vehicle or engine is registered or has its base of operations in the localities specified in subsection B of this section and has not been certified in accordance with regulations promulgated by the Board. The Board may promulgate regulations providing for reasonable exemptions consistent with the provisions of Part C of Title II of the federal Clean Air Act. Motor vehicles exempted from the provisions of this section shall forever be exempt.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":219145,"text":"Any person that violates the requirements of this section or any regulation adopted hereunder shall be subject to the penalties in §§ 46.2-1187 and 46.2-1187.2. Each day of violation shall be a separate offense, and each motor vehicle shall be treated separately in assessing violations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":219146,"text":"In order to limit adverse economic and administrative impacts on covered fleets operating both in Virginia and in neighboring states, the Department of Environmental Quality shall, to the maximum extent practicable, coordinate the provisions of its regulations promulgated under this section with neighboring states’ statutes and regulations relating to use of clean alternative fuels by motor vehicle fleets.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":219147,"text":"The State Corporation Commission, as to matters within its jurisdiction, and the Department of Environmental Quality, as to other matters, may, should they deem such action necessary, promulgate regulations necessary or convenient to ensure the availability of clean alternative fuels to operators of fleets covered by the provisions of this section. The State Air Pollution Control Board may delegate to the Commissioner of Agriculture its authority under the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1, to implement and enforce any provisions of its regulations covering the availability of clean alternative fuels. Upon receiving such delegation, the authority to implement and enforce the regulations under the Air Pollution Control Law of Virginia shall be vested solely in the Commissioner, notwithstanding any provision of law contained in Title 10.1, except as provided in this section. The State Air Pollution Control Board, in delegating its authority under this section, may make the delegation subject to any conditions it deems appropriate to ensure effective implementation of the regulations according to the policies of the State Air Pollution Control Board.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13715,"edition_id":1,"name":"Emissions Inspections","identifier":"22","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:45:38","date_modified":"2026-06-26 03:45:38","permalink":{"id":229269,"object_type":"structure","relational_id":13715,"identifier":"22","token":"46.2\/III\/10\/22","url":"\/46.2\/III\/10\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80818,"structure_id":13715,"section_number":"46.2-1176","catch_line":"Definitions","url":"\/46.2-1176\/","token":"46.2\/III\/10\/22\/46.2-1176","metadata":false},{"id":66550,"structure_id":13715,"section_number":"46.2-1177","catch_line":"Emissions inspection program","url":"\/46.2-1177\/","token":"46.2\/III\/10\/22\/46.2-1177","metadata":false},{"id":75375,"structure_id":13715,"section_number":"46.2-1177.1","catch_line":"Inspection program coordinator; agreement for services","url":"\/46.2-1177.1\/","token":"46.2\/III\/10\/22\/46.2-1177.1","metadata":false},{"id":54705,"structure_id":13715,"section_number":"46.2-1178","catch_line":"Administration and scope of emissions inspection program","url":"\/46.2-1178\/","token":"46.2\/III\/10\/22\/46.2-1178","metadata":false},{"id":79941,"structure_id":13715,"section_number":"46.2-1178.1","catch_line":"On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges","url":"\/46.2-1178.1\/","token":"46.2\/III\/10\/22\/46.2-1178.1","metadata":false},{"id":57522,"structure_id":13715,"section_number":"46.2-1178.2","catch_line":"Repair of certain vehicles not in compliance with standards established by the Board; payment of repairs from Vehicle Emissions Inspection Program Fund","url":"\/46.2-1178.2\/","token":"46.2\/III\/10\/22\/46.2-1178.2","metadata":false},{"id":69408,"structure_id":13715,"section_number":"46.2-1179","catch_line":"Board to adopt emissions standards","url":"\/46.2-1179\/","token":"46.2\/III\/10\/22\/46.2-1179","metadata":false},{"id":59835,"structure_id":13715,"section_number":"46.2-1179.1","catch_line":"Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty","url":"\/46.2-1179.1\/","token":"46.2\/III\/10\/22\/46.2-1179.1","metadata":false},{"id":81748,"structure_id":13715,"section_number":"46.2-1180","catch_line":"Board to adopt regulations; exemption of certain motor vehicles","url":"\/46.2-1180\/","token":"46.2\/III\/10\/22\/46.2-1180","metadata":false},{"id":83623,"structure_id":13715,"section_number":"46.2-1181","catch_line":"Emissions inspection; cost of repairs; waivers","url":"\/46.2-1181\/","token":"46.2\/III\/10\/22\/46.2-1181","metadata":false},{"id":73645,"structure_id":13715,"section_number":"46.2-1182","catch_line":"Emissions inspection fees; exemption","url":"\/46.2-1182\/","token":"46.2\/III\/10\/22\/46.2-1182","metadata":false},{"id":84408,"structure_id":13715,"section_number":"46.2-1182.1","catch_line":"Additional registration fee; exemption","url":"\/46.2-1182.1\/","token":"46.2\/III\/10\/22\/46.2-1182.1","metadata":false},{"id":78153,"structure_id":13715,"section_number":"46.2-1182.2","catch_line":"Vehicle Emissions Inspection Program Fund established; use of moneys","url":"\/46.2-1182.2\/","token":"46.2\/III\/10\/22\/46.2-1182.2","metadata":false},{"id":77524,"structure_id":13715,"section_number":"46.2-1183","catch_line":"Emissions inspection required prior to registration of certain vehicles; records","url":"\/46.2-1183\/","token":"46.2\/III\/10\/22\/46.2-1183","metadata":false},{"id":81664,"structure_id":13715,"section_number":"46.2-1183.1","catch_line":"Repealed","url":"\/46.2-1183.1\/","token":"46.2\/III\/10\/22\/46.2-1183.1","metadata":false},{"id":59028,"structure_id":13715,"section_number":"46.2-1184","catch_line":"Fleet emissions inspection stations","url":"\/46.2-1184\/","token":"46.2\/III\/10\/22\/46.2-1184","metadata":false},{"id":76588,"structure_id":13715,"section_number":"46.2-1185","catch_line":"Investigation of inspection stations; revocation or suspension of permits for emissions inspection stations","url":"\/46.2-1185\/","token":"46.2\/III\/10\/22\/46.2-1185","metadata":false},{"id":55680,"structure_id":13715,"section_number":"46.2-1186","catch_line":"False certificate","url":"\/46.2-1186\/","token":"46.2\/III\/10\/22\/46.2-1186","metadata":false},{"id":85990,"structure_id":13715,"section_number":"46.2-1187","catch_line":"Penalties","url":"\/46.2-1187\/","token":"46.2\/III\/10\/22\/46.2-1187","metadata":false},{"id":72583,"structure_id":13715,"section_number":"46.2-1187.1","catch_line":"Right of entry","url":"\/46.2-1187.1\/","token":"46.2\/III\/10\/22\/46.2-1187.1","metadata":false},{"id":81352,"structure_id":13715,"section_number":"46.2-1187.2","catch_line":"Compelling compliance with regulations and order of Board; penalty","url":"\/46.2-1187.2\/","token":"46.2\/III\/10\/22\/46.2-1187.2","metadata":false},{"id":78643,"structure_id":13715,"section_number":"46.2-1187.3","catch_line":"Vehicles used for investigations","url":"\/46.2-1187.3\/","token":"46.2\/III\/10\/22\/46.2-1187.3","metadata":false}],"previous_section":{"id":69408,"structure_id":13715,"section_number":"46.2-1179","catch_line":"Board to adopt emissions standards","url":"\/46.2-1179\/","token":"46.2\/III\/10\/22\/46.2-1179","metadata":false},"next_section":{"id":81748,"structure_id":13715,"section_number":"46.2-1180","catch_line":"Board to adopt regulations; exemption of certain motor vehicles","url":"\/46.2-1180\/","token":"46.2\/III\/10\/22\/46.2-1180","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1179.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapters 234 and 571 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 141<\/a>; in 1998, chapters 401<\/a> and 421<\/a>.<\/p>","references":[{"id":57761,"section_number":"46.2-649.2","catch_line":"Certain vehicles to comply with clean alternative fuel fleet standards prior to registration; penalty","order_by":null,"url":"\/46.2-649.2\/"}],"refers_to":[{"id":77830,"section_number":"10.1-1300","catch_line":"Definitions","order_by":null,"url":"\/10.1-1300\/"},{"id":85990,"section_number":"46.2-1187","catch_line":"Penalties","order_by":null,"url":"\/46.2-1187\/"},{"id":81352,"section_number":"46.2-1187.2","catch_line":"Compelling compliance with regulations and order of Board; penalty","order_by":null,"url":"\/46.2-1187.2\/"}],"permalink":{"id":229299,"object_type":"law","relational_id":59835,"identifier":"46.2-1179.1","token":"46.2\/III\/10\/22\/46.2-1179.1","url":"\/46.2-1179.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1179.1\/","token":"46.2\/III\/10\/22\/46.2-1179.1","dublin_core":{"Title":"Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1179.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Clean alternative fuel<\/span>” means any fuel, including methanol, ethanol, other alcohols, reformulated gasoline, diesel, natural gases, liquefied petroleum gas, hydrogen, and electricity or other power source used in a clean fuel vehicle that complies with the standards applicable to such vehicle under the federal Clean Air Act when using such fuel or other power source. In the case of a flexible fuel vehicle or dual fuel vehicle, “clean alternative fuel<\/span>” means only a fuel for which the vehicle was certified when operating on clean alternative fuel<\/span>.\n\t\t\t“Fleet<\/span>” means any centrally fueled fleet<\/span> of ten or more motor vehicles<\/span> owned or operated by a single entity. “Fleet<\/span>” does not include motor vehicles<\/span> held for lease or rental to the general public, motor vehicles<\/span> held for sale by motor vehicle<\/span> dealers, motor vehicles<\/span> used for manufacturer product tests, law<\/span>-enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may adopt by regulation motor vehicle<\/span> clean alternative fuel<\/span> fleet<\/span> standards consistent with the provisions of Part C of Title II of the federal Clean Air Act for model years beginning with the model year 1998 or the first succeeding model year for which adoption of such standards is practicable. If adoption and implementation by the Board<\/span> of an equivalent air pollution reduction program is approved by the federal Environmental Protection Agency, the regulation and program authorized by this section shall not become effective. Such regulations shall contain the minimum phase-in schedule contained in § 246 (b) of Part C of Title II of the Clean Air Act. However, nothing in this section shall preclude affected fleet<\/span> owners<\/span> from exceeding the minimum requirements of the federal Clean Air Act. Beginning in 1995 and upon adoption of the standards by the Board<\/span>, the Board<\/span> shall require the fleet<\/span> owned by the federal government to meet the clean alternative fuel<\/span> fleet<\/span> standard and phase-in schedule established by the Board<\/span>. If necessary to meet the Board<\/span>’s standards and phase-in schedule, the Board<\/span> shall require fleets<\/span> owned by the federal government to convert a portion of existing fleet<\/span> vehicles to the use of clean alternative fuels<\/span> as defined by the federal Clean Air Act. The standards specified in this subsection shall apply only to (i) motor vehicles<\/span> registered in localities designated by the federal Environmental Protection Agency, pursuant to the federal Clean Air Act, as serious, severe, or extreme air quality nonattainment areas, or as maintenance areas formerly designated serious, severe, or extreme and (ii) motor vehicles<\/span> not registered in the above-mentioned localities, but having either (a) a base of operations or (b) a majority of their annual travel in one or more of those localities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An owner<\/span> of a covered fleet<\/span> shall not use any motor vehicle<\/span> or motor vehicle<\/span> engine which is manufactured during or after the first model year to which the standards specified in subsection A of this section are applicable, if such vehicle or engine is registered or has its base of operations in the localities specified in subsection B of this section and has not been certified in accordance with regulations promulgated by the Board<\/span>. The Board<\/span> may promulgate regulations providing for reasonable exemptions consistent with the provisions of Part C of Title II of the federal Clean Air Act. Motor vehicles<\/span> exempted from the provisions of this section shall forever be exempt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person that violates the requirements of this section or any regulation adopted hereunder shall be subject to the penalties in §§ 46.2-1187<\/a> and 46.2-1187.2<\/a>. Each day of violation shall be a separate offense<\/span>, and each motor vehicle<\/span> shall be treated separately in assessing violations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> to limit adverse economic and administrative impacts on covered fleets<\/span> operating both in Virginia and in neighboring states, the Department<\/span> of Environmental Quality shall, to the maximum extent practicable, coordinate the provisions of its regulations promulgated under this section with neighboring states’ statutes<\/span> and regulations relating to use of clean alternative fuels<\/span> by motor vehicle<\/span> fleets<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The State Corporation Commission<\/span>, as to matters within its jurisdiction<\/span>, and the Department<\/span> of Environmental Quality, as to other matters, may, should they deem such action necessary, promulgate regulations necessary or convenient to ensure the availability of clean alternative fuels<\/span> to operators<\/span> of fleets<\/span> covered by the provisions of this section. The State Air Pollution Control Board<\/span> may delegate to the Commissioner<\/span> of Agriculture its authority under the Air Pollution Control Law<\/span> of Virginia, Chapter 13 (§ 10.1-1300<\/a> et seq.) of Title 10.1, to implement and enforce any provisions of its regulations covering the availability of clean alternative fuels<\/span>. Upon receiving such delegation, the authority to implement and enforce the regulations under the Air Pollution Control Law<\/span> of Virginia shall be vested solely in the Commissioner<\/span>, notwithstanding any provision of law<\/span> contained in Title 10.1, except as provided in this section. The State Air Pollution Control Board<\/span>, in delegating its authority under this section, may make the delegation subject to any conditions it deems appropriate to ensure effective implementation of the regulations according to the policies of the State Air Pollution Control Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD TO ADOPT CLEAN ALTERNATIVE FUEL FLEET STANDARDS FOR MOTOR VEHICLES;\nPENALTY (\u00a7 46.2-1179.1)\n\nA. For purposes of this section:\n\t\t\t“Clean alternative fuel” means any fuel, including methanol,\nethanol, other alcohols, reformulated gasoline, diesel, natural gases, liquefied\npetroleum gas, hydrogen, and electricity or other power source used in a clean\nfuel vehicle that complies with the standards applicable to such vehicle under\nthe federal Clean Air Act when using such fuel or other power source. In the\ncase of a flexible fuel vehicle or dual fuel vehicle, “clean alternative\nfuel” means only a fuel for which the vehicle was certified when operating\non clean alternative fuel.\n\t\t\t“Fleet” means any centrally fueled fleet of ten or more motor\nvehicles owned or operated by a single entity. “Fleet” does not\ninclude motor vehicles held for lease or rental to the general public, motor\nvehicles held for sale by motor vehicle dealers, motor vehicles used for\nmanufacturer product tests, law-enforcement and other emergency vehicles, or\nnonroad vehicles, including farm and construction vehicles.\n\nB. The Board may adopt by regulation motor vehicle clean alternative fuel fleet\nstandards consistent with the provisions of Part C of Title II of the federal\nClean Air Act for model years beginning with the model year 1998 or the first\nsucceeding model year for which adoption of such standards is practicable. If\nadoption and implementation by the Board of an equivalent air pollution\nreduction program is approved by the federal Environmental Protection Agency,\nthe regulation and program authorized by this section shall not become\neffective. Such regulations shall contain the minimum phase-in schedule\ncontained in § 246 (b) of Part C of Title II of the Clean Air Act. However,\nnothing in this section shall preclude affected fleet owners from exceeding the\nminimum requirements of the federal Clean Air Act. Beginning in 1995 and upon\nadoption of the standards by the Board, the Board shall require the fleet owned\nby the federal government to meet the clean alternative fuel fleet standard and\nphase-in schedule established by the Board. If necessary to meet the\nBoard’s standards and phase-in schedule, the Board shall require fleets\nowned by the federal government to convert a portion of existing fleet vehicles\nto the use of clean alternative fuels as defined by the federal Clean Air Act.\nThe standards specified in this subsection shall apply only to (i) motor\nvehicles registered in localities designated by the federal Environmental\nProtection Agency, pursuant to the federal Clean Air Act, as serious, severe, or\nextreme air quality nonattainment areas, or as maintenance areas formerly\ndesignated serious, severe, or extreme and (ii) motor vehicles not registered in\nthe above-mentioned localities, but having either (a) a base of operations or\n(b) a majority of their annual travel in one or more of those localities.\n\nC. An owner of a covered fleet shall not use any motor vehicle or motor vehicle\nengine which is manufactured during or after the first model year to which the\nstandards specified in subsection A of this section are applicable, if such\nvehicle or engine is registered or has its base of operations in the localities\nspecified in subsection B of this section and has not been certified in\naccordance with regulations promulgated by the Board. The Board may promulgate\nregulations providing for reasonable exemptions consistent with the provisions\nof Part C of Title II of the federal Clean Air Act. Motor vehicles exempted from\nthe provisions of this section shall forever be exempt.\n\nD. Any person that violates the requirements of this section or any regulation\nadopted hereunder shall be subject to the penalties in §§ 46.2-1187\nand 46.2-1187.2. Each day of violation shall be a separate offense, and each\nmotor vehicle shall be treated separately in assessing violations.\n\nE. In order to limit adverse economic and administrative impacts on covered\nfleets operating both in Virginia and in neighboring states, the Department of\nEnvironmental Quality shall, to the maximum extent practicable, coordinate the\nprovisions of its regulations promulgated under this section with neighboring\nstates’ statutes and regulations relating to use of clean alternative\nfuels by motor vehicle fleets.\n\nF. The State Corporation Commission, as to matters within its jurisdiction, and\nthe Department of Environmental Quality, as to other matters, may, should they\ndeem such action necessary, promulgate regulations necessary or convenient to\nensure the availability of clean alternative fuels to operators of fleets\ncovered by the provisions of this section. The State Air Pollution Control Board\nmay delegate to the Commissioner of Agriculture its authority under the Air\nPollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 et seq.) of\nTitle 10.1, to implement and enforce any provisions of its regulations covering\nthe availability of clean alternative fuels. Upon receiving such delegation, the\nauthority to implement and enforce the regulations under the Air Pollution\nControl Law of Virginia shall be vested solely in the Commissioner,\nnotwithstanding any provision of law contained in Title 10.1, except as provided\nin this section. The State Air Pollution Control Board, in delegating its\nauthority under this section, may make the delegation subject to any conditions\nit deems appropriate to ensure effective implementation of the regulations\naccording to the policies of the State Air Pollution Control Board.\n\nHISTORY: 1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}