                                 CODE OF VIRGINIA

BOARD TO ADOPT CLEAN ALTERNATIVE FUEL FLEET STANDARDS FOR MOTOR VEHICLES;
PENALTY (§ 46.2-1179.1)

A. For purposes of this section:
			&#8220;Clean alternative fuel&#8221; 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, &#8220;clean alternative
fuel&#8221; means only a fuel for which the vehicle was certified when operating
on clean alternative fuel.
			&#8220;Fleet&#8221; means any centrally fueled fleet of ten or more motor
vehicles owned or operated by a single entity. &#8220;Fleet&#8221; 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. 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 &#xA7; 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&#8217;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. 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.

D. Any person that violates the requirements of this section or any regulation
adopted hereunder shall be subject to the penalties in &#xA7;&#xA7; 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. 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&#8217; statutes and regulations relating to use of clean alternative
fuels by motor vehicle fleets.

F. 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 (&#xA7; 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.

HISTORY: 1993, cc. 234, 571; 1995, c. 141; 1998, cc. 401, 421.