2001 Montana Legislature

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SENATE BILL NO. 320

INTRODUCED BY S. KITZENBERG



A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF ADMINISTRATION, WHEN PURCHASING NEW VEHICLES, TO ENSURE THAT A MINIMUM OF 5 PERCENT OF ALL NEW VEHICLES PURCHASED TO PURCHASE 10 VEHICLES THAT ARE POWERED BY RENEWABLE FUELS; REQUIRING THAT AN AGENCY REQUESTING THE PURCHASE OF A NEW VEHICLE BE GIVEN THE OPTION OF REQUESTING A VEHICLE POWERED BY RENEWABLE FUELS; REQUIRING THAT ALLOWING A VEHICLE PROVIDED FOR THE OFFICIAL USE OF THE GOVERNOR OR LIEUTENANT GOVERNOR TO BE POWERED BY RENEWABLE FUELS; DEFINING "RENEWABLE FUELS"; REQUIRING A REPORT TO THE LEGISLATURE; AND PROVIDING AN A CONTINGENT EFFECTIVE DATE AND A CONTINGENT TERMINATION DATE."



     WHEREAS, the United States depends on foreign suppliers for more than 50% of the transportation fuel consumed in this country; and

     WHEREAS, the federal Energy Policy Act of 1992 requires many government fleets to phase into alternatively fueled vehicles in order to decrease dependence on foreign oil, and Montana is exempt from the requirement because of its sparse population; and

     WHEREAS, vehicles powered by alternative fuels, including fuel referred to as "E-85", which is a blend of 85% ethanol and 15% gasoline, are capable of operating on more than one fuel, including gasoline, and can be purchased at automobile dealerships without special order; and

     WHEREAS, the federal Clean Air Act has mandated that a certain percentage of vehicles in certain communities with polluted air must use clean fuels to control automobile emissions, and the U.S. Department of Energy has activated a Clean Cities Program to assist communities in improving air quality; and

     WHEREAS, ethanol is a clean-burning, renewable fuel, and E-85 fuel is increasingly available; and

     WHEREAS, the Governor has stated a desire to find ways to add value to commodities raised in Montana, and ethanol production is a value-added business; and

     WHEREAS, Montana citizens and state agency personnel need to show leadership and responsibility in order to make our nation more energy independent.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  Vehicles powered by renewable fuels -- REPORT TO LEGISLATURE. (1) Beginning July 1, 2001, the department is required, when purchasing new vehicles for any use by a state agency, to ensure that not less than 5% of all new vehicles purchased TO PURCHASE FIVE VEHICLES in each fiscal year THAT are powered by renewable fuels. THE VEHICLES MUST BE ASSIGNED TO THE DEPARTMENT OF TRANSPORTATION'S MOTOR POOL.

     (2) Whenever an agency of state government requests the department to purchase a vehicle for the agency or on the agency's behalf, the agency director or the director's designee must be given the opportunity to specifically request that the vehicle to be purchased is powered by renewable fuels.

     (3) If the governor or lieutenant governor is provided a vehicle for official state business, the vehicle must MAY be powered by renewable fuels.

     (4) For the purposes of this section, "renewable fuels" includes ethanol-blended fuel, as defined in 2-17-414, and other fuels, referred to by various names, that are composed of at least 85% anhydrous ethanol.

     (5)  THE DEPARTMENT OF TRANSPORTATION SHALL REPORT TO THE 58TH LEGISLATURE, AS PROVIDED IN 5-11-210, ON THE FEASIBILITY OF USING VEHICLES POWERED BY RENEWABLE FUELS.



     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 18, and the provisions of Title 18 apply to [section 1].



     NEW SECTION.  Section 3. Effective CONTINGENT EFFECTIVE date. [This act] is effective July 1, 2001 30 DAYS AFTER THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION CERTIFIES TO THE GOVERNOR, SENDING A COPY OF THE CERTIFICATION TO THE SECRETARY OF STATE AND THE CODE COMMISSIONER, THAT AN ETHANOL PLANT IS OPERATIONAL AND PRODUCING FUEL IN MONTANA.



     NEW SECTION.  SECTION 4.  TERMINATION CONTINGENT TERMINATION. [THIS ACT] TERMINATES JUNE 30, 2003 2 YEARS AFTER [THE EFFECTIVE DATE OF THIS ACT].

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Latest Version of SB 320 (SB0320.03)
Processed for the Web on March 20, 2001 (2:16PM)

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