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Regular Session, 2010
SENATE BILL NO. 254
BY SENATOR N. GAUTREAUX
LOCAL AGENCIES. Allows local political subdivisions to purchase or lease hybrid fuel
or alternative fuel vehicles. (8/15/10)
AN ACT1
To amend and reenact R.S. 33:1418, relative to hybrid or alternative fuel vehicles; to allow2
political subdivisions to purchase or lease hybrid fuel or alternative fuel vehicles; to3
provide for exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:1418 is hereby amended and reenacted to read as follows: 6
ยง1418. Purchase or lease of fleet vehicles; use of alternative fuels; fuel vehicles7
and hybrid vehicles; exceptions; definitions8
A.(1) A political subdivision may purchase or lease , after September 1, 1991,9
any motor vehicle, for use by any agency of the political subdivision, if that vehicle10
is capable of and equipped for using an alternative fuel which that results in lower11
emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or12
particulates, or any combination thereof which that meet or exceed federal Clean Air13
standards, including but not limited to hybrid vehicles. Alternative fuels shall14
include compressed natural gas, liquefied petroleum gas, reformulated gasoline,15
methanol, ethanol, electricity, and any other fuels which meet or exceed federal16
Clean Air standards.17 SB NO. 254
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(2) For the purposes of this Section, "hybrid vehicle" shall mean a1
vehicle that employs a combustion engine system together with an electric2
propulsion system that results in lower emissions of oxides of nitrogen, volatile3
organic compounds, carbon monoxide, or particulates or any combination4
thereof that meet or exceed federal Clean Air Act standards.5
(2)(3) An agency of a political subdivision may acquire or be provided6
equipment or refueling facilities necessary to operate such alternative fuel or7
hybrid vehicles using alternative fuels by any of the following methods:8
(a) Purchase or lease as authorized by law.9
(b) Gift or loan of the equipment or facilities.10
(c) Gift or loan of the equipment or facilities or other arrangement pursuant11
to a service contract for the supply of alternative fuels.12
(3)(4) If such equipment or facilities are donated, loaned, or provided through13
other arrangement with the supplier of alternative fuels, the supplier shall be entitled14
to recoup its actual cost of donating, loaning, or providing the equipment or facilities15
through its fuel charges under the supply contract.16
(4)(5) The governing authority of a political subdivision may waive the17
requirements of this Subsection for any agency of a political subdivision upon receipt18
of certification supported by evidence acceptable to that governing authority that19
either of the following situations apply:20
(a) The agency's vehicles will be operating primarily in an area in which21
neither the agency nor a supplier has or can reasonably be expected to establish a22
central refueling station for alternative fuels fuel or hybrid vehicles.23
(b) The agency is unable to acquire or be provided equipment or refueling24
facilities necessary to operate alternative or hybrid vehicles using alternative fuels25
at a projected cost that is reasonably expected to result in no greater net costs than26
the continued use of traditional gasoline or diesel fuels measured over the expected27
useful life of the equipment or facilities supplied.28
B.(1) Each political subdivision shall achieve the following percentages of29 SB NO. 254
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vehicles capable of using alternative fuels by the times specified:1
(a) The percentage shall be equal to or greater than thirty percent of the2
number of fleet vehicles operated by September 1, 1994.3
(b) The percentage shall be equal to or greater than fifty percent of the4
number of fleet vehicles operated by September 1, 1996.5
(2) The governing authority of each political subdivision shall review this6
alternative fuel use program on or before December 31, 1996, and, if the governing7
authority determines that the program has been effective in reducing total annual8
emissions from motor vehicles in the area, the governing authority shall achieve a9
percentage of fleet vehicles capable of using alternative fuels equal to or greater than10
eighty percent of the number of fleet vehicles operated by September 1, 1998, and11
thereafter.12
C. The governing authority of each political subdivision, in the development13
of the alternative fuel use program, shall consult with vehicle manufacturers and14
converters, fuel distributors, and others to delineate the vehicles to be covered, taking15
into consideration range, specialty uses, fuel availability, vehicle manufacturing and16
conversion capability, safety, resale values, and other relevant factors. The governing17
authority may meet the percentage requirements of this Section through purchase or18
lease of new vehicles or the conversion of existing vehicles, in accordance with19
federal and state requirements and applicable safety laws and standards, to use the20
alternative fuels.21
D. The governing authority of a political subdivision may reduce any22
percentage specified or waive the requirements of Subsection B of this Section for23
any agency of a political subdivision upon receipt of certification supported by24
evidence acceptable to the governing authority that either of the following situations25
apply:26
(1) The agency' s vehicles will be operating primarily in an area in which27
neither the agency nor a supplier has or can reasonably be expected to establish a28
central refueling station for alternative fuels.29 SB NO. 254
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(2) The agency is unable to acquire or be provided equipment or refueling1
facilities necessary to operate vehicles using alternative fuels at a projected cost that2
is reasonably expected to result in no greater net costs than the continued use of3
traditional gasoline or diesel fuels measured over the expected useful life of the4
equipment or facilities supplied.5
E.B. The provisions of this Section shall not apply to any vehicles operated6
by law enforcement agencies or used as emergency vehicles.7
F.C. As used in this Part, "political subdivision" means a parish,8
municipality, and any other unit of local government, including a school board and9
a special district, authorized by law to perform governmental functions.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
N. Gautreaux (SB 254)
Present law provides that a political subdivision may purchase or lease, after September 1,
1991, any motor vehicle, for use by any agency of the political subdivision, if that vehicle
is capable of and equipped for using an alternative fuel which results in lower emissions of
oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates, or any
combination thereof that meet or exceed federal Clean Air standards.
Proposed law provides that a political subdivision may purchase or lease any motor vehicle
if the vehicle is capable of and equipped for using alternative fuel.
Proposed law also adds hybrid vehicles to the purchase and lease options.
Proposed law provides that the definition of a "hybrid vehicle" shall mean a vehicle that
employs a combustion engine system together with an electric propulsion system that results
in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or
particulates or any combination thereof that meet or exceed federal Clean Air Act standards.
Present law provides that the governing authority of a political subdivision may waive the
requirements of present law for any agency of a political subdivision upon receipt of
certification supported by evidence acceptable to that governing authority that either of the
following situations apply:
(a)The agency's vehicles will be operating primarily in an area in which neither the
agency nor a supplier has or can reasonably be expected to establish a central
refueling station for alternative fuels.
(b)The agency is unable to acquire or be provided equipment or refueling facilities
necessary to operate vehicles using alternative fuels at a projected cost that is
reasonably expected to result in no greater net costs than the continued use of
traditional gasoline or diesel fuels measured over the expected useful life of the
equipment or facilities supplied. SB NO. 254
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law but adds hybrid vehicles to the waiver requirements.
Present law provides that each political subdivision shall achieve the following percentages
of vehicles capable of using alternative fuels by the times specified:
(a)The percentage shall be equal to or greater than 30% of the number of fleet vehicles
operated by September 1, 1994.
(b)The percentage shall be equal to or greater than 50% of the number of fleet vehicles
operated by September 1, 1996.
Proposed law deletes present law.
Present law provides that the governing authority of each political subdivision shall review
the alternative fuel use program on or before December 31, 1996, and, if the governing
authority determines that the program has been effective in reducing total annual emissions
from motor vehicles in the area, the governing authority shall achieve a percentage of fleet
vehicles capable of using alternative fuels equal to or greater than 80% of the number of fleet
vehicles operated by September 1, 1998, and thereafter.
Proposed law deletes present law.
Present law provides that the governing authority of each political subdivision, in the
development of the alternative fuel use program, shall consult with vehicle manufacturers
and converters, fuel distributors, and others to delineate the vehicles to be covered, taking
into consideration range, specialty uses, fuel availability, vehicle manufacturing and
conversion capability, safety, resale values, and other relevant factors. The governing
authority may meet the percentage requirements of present law through purchase or lease
of new vehicles or the conversion of existing vehicles, in accordance with federal and state
requirements and applicable safety laws and standards, to use the alternative fuels.
Proposed law deletes present law.
Present law provides that the governing authority of a political subdivision may reduce any
percentage specified or waive the requirements of present law for any agency of a political
subdivision upon receipt of certification supported by evidence acceptable to the governing
authority that either of the following situations apply:
(1)The agency's vehicles will be operating primarily in an area in which neither the
agency nor a supplier has or can reasonably be expected to establish a central
refueling station for alternative fuels.
(2)The agency is unable to acquire or be provided equipment or refueling facilities
necessary to operate vehicles using alternative fuels at a projected cost that is
reasonably expected to result in no greater net costs than the continued use of
traditional gasoline or diesel fuels measured over the expected useful life of the
equipment or facilities supplied.
Proposed law deletes present law.
Present law provides an exception for any vehicles operated by law enforcement agencies
used as emergency vehicles.
Proposed law retains present law.
Effective August 15, 2010.
(Amends R.S. 33:1418) SB NO. 254
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Changes requirements in the bill from mandatory to permissive.