PRIOR PRINTER'S NOS. 705, 2414 PRINTER'S NO. 3201
No. 637 Session of 1989
INTRODUCED BY LEVDANSKY, S. H. SMITH, KASUNIC, DALEY, WOZNIAK,
STAIRS, HALUSKA, ARGALL, LUCYK, BLACK, MARKOSEK, DeWEESE,
ITKIN, COLAIZZO, COWELL, WASS, LAUGHLIN, TELEK, TRICH,
KONDRICH, STISH, BELARDI, BURD, KAISER, PETRARCA, McCALL,
BILLOW, CESSAR, CARLSON, J. L. WRIGHT, GEIST, CAWLEY, FARGO,
PHILLIPS, DISTLER, JAROLIN, TANGRETTI, HESS, McVERRY AND
HERMAN, MARCH 6, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 20, 1990
AN ACT
1 Encouraging the use of alternative motor fuels; providing for <--
2 acquisition of State-owned vehicles which operate on
3 alternative motor fuels; providing for powers and duties of
4 the Department of General Services and the Pennsylvania
5 Energy Office; and establishing a State Government Task Force
6 on Alternative Motor Fuels.
7 ENCOURAGING THE USE OF ALTERNATIVE MOTOR FUELS; PROVIDING FOR <--
8 ACQUISITION AND STUDY OF VEHICLES WHICH OPERATE ON
9 ALTERNATIVE MOTOR FUELS; AND PROVIDING FOR POWERS AND DUTIES
10 OF THE PENNSYLVANIA ENERGY OFFICE.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title. <--
14 This act shall be known and may be cited as the Alternative
15 Motor Fuels Act.
16 Section 2. Legislative findings and declaration of policy.
17 The General Assembly finds and declares as follows:
18 (1) The achievement of long-term energy security is
19 essential to a strong economy and the well-being of the
1 Commonwealth's citizens.
2 (2) The displacement of energy derived from imported oil
3 with alternative fuels will help achieve energy security and
4 improve air quality.
5 (3) Methanol, ethanol and natural gas are proven
6 transportation fuels that can have lower emissions of
7 undesirable pollutants than gasoline and diesel fuel;
8 however, additional research is needed to identify actions to
9 be taken to forestall effects of all fuels on global climate.
10 (4) By enacting the act of December 14, 1982 (P.L.1213,
11 No.280), entitled "An act amending the act of April 9, 1929
12 (P.L.177, No.175), entitled 'An act providing for and
13 reorganizing the conduct of the executive and administrative
14 work of the Commonwealth by the Executive Department thereof
15 and the administrative departments, boards, commissions, and
16 officers thereof, including the boards of trustees of State
17 Normal Schools, or Teachers Colleges; abolishing, creating,
18 reorganizing or authorizing the reorganization of certain
19 administrative departments, boards, and commissions; defining
20 the powers and duties of the Governor and other executive and
21 administrative officers, and of the several administrative
22 departments, boards, commissions, and officers; fixing the
23 salaries of the Governor, Lieutenant Governor, and certain
24 other executive and administrative officers; providing for
25 the appointment of certain administrative officers, and of
26 all deputies and other assistants and employes in certain
27 departments, boards, and commissions; and prescribing the
28 manner in which the number and compensation of the deputies
29 and all other assistants and employes of certain departments,
30 boards and commissions shall be determined,' requiring moneys
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1 received by criminals as a result of the commission of a
2 crime to be paid to the Crime Victim's Compensation Board,
3 permitting certain research on State vehicles, and relating
4 to emergency petroleum product shortages and energy
5 development and making an appropriation," and the act of
6 March 29, 1984 (P.L.154, No.29), entitled "An act permitting
7 all State-owned vehicles to be converted to operate on
8 natural gas; and requiring indications of dual systems," the
9 General Assembly has recognized the desirability of using
10 alternative motor fuels. However, these goals must be
11 monitored and coordinated through an ongoing program to
12 encourage the use of various alternative fuels in government,
13 commercial and private vehicles in an environmentally
14 acceptable manner.
15 (5) Through adoption of the Alternative Motor Fuels Act
16 of 1988, (Public Law 100-494, 102 Stat. 2441), Congress has
17 indicated support for the development and widespread use of
18 methanol, ethanol and natural gas as transportation fuels and
19 for the production of methanol, ethanol and natural gas
20 powered motor vehicles.
21 (6) To fulfill its obligation to promote the health,
22 safety and welfare of its citizens and to protect the
23 environment, the Commonwealth would encourage the use of
24 alternative fuels which will reduce emissions and dependence
25 on energy derived from imported oil.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Acquire." To lease a vehicle for a period of 60 continuous
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1 days or longer or to purchase a vehicle.
2 "Alcohol." A mixture containing 85% or more by volume
3 methanol, ethanol or other alcohols in any combination.
4 "Alcohol powered vehicle." A vehicle designed to operate
5 exclusively on alcohol.
6 "Department." The Department of General Services of the
7 Commonwealth.
8 "Dual fuel vehicle." A vehicle which is capable of operating
9 on alcohol and on gasoline or diesel fuel.
10 "Natural gas dual fuel vehicle." A vehicle which is capable
11 of operating on natural gas and on gasoline or diesel fuel.
12 "Natural gas powered vehicle." A vehicle designed to operate
13 exclusively on natural gas.
14 "Task force." The State Government Task Force on Alternative
15 Motor Fuels.
16 Section 4. Powers and duties of the Department of General
17 Services.
18 (a) Commonwealth vehicles.--The Department of General
19 Service, in cooperation with the Pennsylvania Energy Office,
20 shall ensure that the maximum number practicable of passenger
21 automobiles and light duty trucks acquired annually for use by
22 the Commonwealth are alcohol powered vehicles, alcohol dual fuel
23 vehicles, natural gas powered vehicles or natural gas dual
24 energy vehicles.
25 (b) Types of vehicles.--The department shall, to the extent
26 practicable and consistent with this section, ensure that the
27 number of alcohol dual fuel vehicles acquired under this section
28 is at least as great as the number of alcohol powered vehicles,
29 and that the number of natural gas dual fuel vehicles acquired
30 under this section is at least as great as the number of natural
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1 gas powered vehicles acquired under this section. When acquiring
2 alcohol powered vehicles and alcohol dual fuel vehicles, the
3 department shall ensure, to the maximum extent practicable, that
4 the number of vehicles powered by methanol derived in whole or
5 in part from coal is at least as great as the number of vehicles
6 powered by other methanol products, ethanol or other alcohols.
7 To the maximum extent practicable, both vehicles capable of
8 operating on alcohol and vehicles capable of operating on
9 natural gas shall be acquired, and such vehicles shall be
10 supplied by original equipment manufacturers.
11 (c) Study of vehicles.--The department, in cooperation with
12 the Pennsylvania Energy Office and the Department of
13 Transportation, shall conduct a study of the vehicles acquired
14 under subsection (a) which, at a minimum, shall include the
15 following:
16 (1) A comparison of the performance of the vehicles,
17 including performance in cold weather and at high altitude to
18 the performance in cold weather and at high altitude of other
19 gasoline-fueled passenger automobiles and light duty trucks.
20 (2) A comparison of the fuel economy, safety and
21 emissions of the vehicles to the fuel economy, safety and
22 emissions of other gasoline-fueled passenger automobiles and
23 light duty trucks.
24 (3) A comparison of the operation and maintenance costs
25 of such vehicles to the operation and maintenance costs of
26 other gasoline-fueled passenger automobiles and light duty
27 trucks.
28 (4) An analysis of the total costs and benefits relating
29 to vehicles operating on alternative fuels as compared to the
30 costs and benefits relating to other gasoline-fueled
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1 passenger automobiles and light duty trucks.
2 (5) The status of current and prospective technologies
3 to control emissions resulting from use of certain
4 alternative motor fuels.
5 (6) The advisability, feasibility and timing of the
6 disposal of vehicles acquired under subsection (a).
7 (d) Report of results of study.--The department, in
8 cooperation with the Pennsylvania Energy Office and the
9 Department of Transportation, shall report upon the results of
10 the study conducted under subsection (c) to the Conservation,
11 State Government and Transportation Committees of the House of
12 Representatives and to the Environmental Resources and Energy,
13 State Government and Transportation Committees of the Senate
14 within five years from the effective date of this act. The
15 report shall include appropriate recommendations for future
16 activities related to the Commonwealth's acquisition of vehicles
17 which operate on alternative motor fuels.
18 (e) Requests for vehicles.--Upon the request of the head of
19 any agency of this Commonwealth, the department shall, to the
20 maximum extent practicable, ensure that the agency is provided
21 with vehicles acquired under subsection (a), provided that the
22 agency agrees to cooperate with studies undertaken pursuant to
23 this section.
24 Section 5. Duties of the Pennsylvania Energy Office.
25 (a) Demonstration program.--The Pennsylvania Energy Office,
26 in cooperation with manufacturers of heavy duty engines, any
27 Pennsylvania college or university, and appropriate Federal and
28 State agencies, may establish a commercial application
29 demonstration program to study the use of alcohol and natural
30 gas in heavy duty trucks and, if appropriate, other heavy duty
19890H0637B3201 - 6 -
1 applications.
2 (b) Testing program.--The Pennsylvania Energy Office,
3 pursuant to the Alternative Motor Fuels Act of 1988 (Public Law
4 100-494, 102 Stat. 2441), shall cooperate with appropriate
5 Federal, State and local government agencies in the testing in
6 urban settings of transit buses capable of operating on alcohol
7 and buses capable of operating on natural gas for emissions
8 levels, durability, safety and fuel economy, comparing the
9 different types with each other and with diesel powered transit
10 buses, as such buses will be required to operate under Federal
11 safety and environmental standards applicable to such buses for
12 the model year 1991. To the extent practicable, testing under
13 this subsection shall apply equally to transit buses capable of
14 operating on alcohol and buses capable of operating on natural
15 gas. The Pennsylvania Energy Office shall assist State and local
16 government agencies, as necessary, to secure Federal and State
17 funds which may be available to carry out the purposes of this
18 subsection.
19 Section 6. State Government Task Force on Alternative Motor
20 Fuels.
21 (a) Establishment.--There is established a State Government
22 Task Force on Alternative Motor Fuels. The task force shall be
23 composed of the Lieutenant Governor, as Chairman of the
24 Pennsylvania Energy Office, or his designee, the Secretary of
25 General Services, or his designee, the Secretary of
26 Transportation, or his designee, the Secretary of Commerce, or
27 his designee, the Secretary of Agriculture, or his designee, the
28 Secretary of Environmental Resources, or his designee, the
29 Secretary of Labor and Industry, or his designee, the Chairman
30 of the Pennsylvania Public Utility Commission, or his designee,
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1 and four members of the General Assembly, or their designees,
2 one appointed by the President pro tempore of the Senate, one by
3 the Minority Leader of the Senate, one by the Speaker of the
4 House of Representatives and one by the Minority Leader of the
5 House of Representatives.
6 (b) Operating procedures.--A majority of members shall
7 constitute a quorum. Meetings of the task force shall be held at
8 least semiannually or at the call of the chairperson, or at the
9 request of at least five members of the task force. A
10 chairperson shall be elected by a majority of members present at
11 the first meeting of the task force which shall be called by the
12 Lieutenant Governor within three months of the effective date of
13 this act. A new chairperson shall be elected annually, and
14 members of the task force shall serve terms concurrent with
15 their terms in office.
16 (c) Duties.--The task force shall have the following duties:
17 (1) To coordinate efforts of State agencies with Federal
18 programs to promote the use of alternative motor fuels.
19 (2) To provide for the exchange of information among
20 individuals, private industry, public agencies and colleges
21 and universities interested in the development and use of
22 alternative motor fuels.
23 (3) To monitor and, to the maximum extent practicable,
24 participate in the efforts of Federal agencies to develop a
25 long-term plan for the commercialization of alcohols, natural
26 gas and other potential alternative motor fuels.
27 (4) To provide comments on rules, regulations, policies
28 and reports issued pursuant to the Alternative Motor Fuels
29 Act of 1988 (Public Law 100-494, 102 Stat. 2441), or issued
30 pursuant to the authority of other Federal, State or local
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1 agencies regarding alternative motor fuels.
2 (5) To appoint, as may be necessary, advisory groups
3 consisting of persons from the private sector, educational
4 institutions, State agencies, local government agencies,
5 environmental organizations and the general public who are
6 knowledgeable about alternative motor fuels and their
7 possible uses, the production and conversion of vehicles to
8 use alternative motor fuels, or the development of
9 technologies to reduce emissions associated with the use of
10 alternative motor fuels. Appointments shall be made from
11 names submitted to the chairperson, subject to approval by a
12 majority of members of the task force. Advisory groups
13 appointed pursuant to this subsection shall meet at the call
14 of the chairperson of the task force.
15 (6) To submit an interim report to the Governor and the
16 General Assembly, no later than January 1, 1993, setting
17 forth actions taken by the task force pursuant to this
18 section, together with appropriate recommendations for future
19 activities relating to the use of alternative motor fuels in
20 this Commonwealth.
21 (d) Staff and facilities.--The Pennsylvania Energy Office
22 shall provide staff assistance and meeting facilities for the
23 task force as needed.
24 Section 7. Repeals.
25 All acts and parts of acts are repealed insofar as they are
26 inconsistent with this act.
27 Section 8. Effective date.
28 This act shall take effect immediately.
29 SECTION 1. SHORT TITLE. <--
30 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA
19890H0637B3201 - 9 -
1 ALTERNATIVE FUELS ACT.
2 SECTION 2. LEGISLATIVE FINDINGS AND DECLARATION OF POLICY.
3 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
4 (1) A RECENT REPORT OF THE AMERICAN LUNG ASSOCIATION
5 INDICATES THAT ANNUAL HEALTH COSTS TO PENNSYLVANIANS
6 RESULTING FROM AUTOMOBILE EMISSIONS RANGE FROM $200,000,000
7 TO $4,000,000,000.
8 (2) METHANOL, ETHANOL AND NATURAL GAS ARE PROVEN
9 TRANSPORTATION FUELS THAT CAN HAVE LOWER EMISSIONS OF
10 UNDESIRABLE POLLUTANTS THAN GASOLINE AND DIESEL FUEL.
11 (3) THE ACHIEVEMENT OF LONG-TERM ENERGY SECURITY IS
12 ESSENTIAL TO A STRONG ECONOMY AND THE WELL-BEING OF THE
13 COMMONWEALTH'S CITIZENS.
14 (4) THE DISPLACEMENT OF ENERGY DERIVED FROM IMPORTED OIL
15 WITH ALTERNATIVE FUELS WILL HELP ACHIEVE ENERGY SECURITY AND
16 IMPROVE AIR QUALITY.
17 (5) CONGRESS HAS INDICATED SUPPORT FOR THE DEVELOPMENT
18 AND WIDESPREAD USE OF METHANOL, ETHANOL AND NATURAL GAS AS
19 TRANSPORTATION FUELS THROUGH ADOPTION OF THE ALTERNATIVE
20 MOTOR FUELS ACT OF 1988 (PUBLIC LAW 100-494, 102 STAT. 2441)
21 AND IS CURRENTLY CONSIDERING MORE STRINGENT VEHICLE EMISSION
22 STANDARDS AND CLEAN FUEL REQUIREMENTS AS AMENDMENTS TO THE
23 CLEAN AIR ACT (PUBLIC LAW 95-95, 42 U.S.C. § 7401 ET SEQ.).
24 (6) THE COMMONWEALTH, IN FULFILLING ITS OBLIGATION TO
25 PROMOTE THE HEALTH, SAFETY AND WELFARE OF ITS CITIZENS AND TO
26 PROTECT THE ENVIRONMENT, SHOULD SET AN EXAMPLE OF CONCERN FOR
27 CLEAN AIR AND ENERGY SECURITY BY ENCOURAGING THE USE OF
28 ALTERNATIVE FUELS BY STATE AGENCIES.
29 SECTION 3. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "ACQUIRE." TO LEASE A VEHICLE FOR A PERIOD OF 60 CONTINUOUS
4 DAYS OR LONGER, TO PURCHASE A VEHICLE OR TO RECEIVE A VEHICLE BY
5 DONATION FOR DEMONSTRATION PURPOSES.
6 "ALCOHOL." A MIXTURE CONTAINING 85% OR MORE BY VOLUME OF
7 METHANOL, ETHANOL OR OTHER ALCOHOLS IN ANY COMBINATION.
8 "ALTERNATIVE MOTOR FUELS ACT OF 1988." PUBLIC LAW 100-494,
9 102 STAT. 2441.
10 "ALTERNATIVE FUEL VEHICLE." A VEHICLE WHICH IS CAPABLE OF
11 OPERATING ON ALCOHOL OR NATURAL GAS, A DUAL FUEL VEHICLE CAPABLE
12 OF OPERATING ON ALCOHOL AND ON GASOLINE OR DIESEL FUEL, OR A
13 NATURAL GAS DUAL FUEL VEHICLE WHICH IS CAPABLE OF OPERATING ON
14 NATURAL GAS AND ON GASOLINE OR DIESEL FUEL. THE TERM SHALL ALSO
15 INCLUDE A VEHICLE POWERED BY ELECTRICITY.
16 "OFFICE." THE PENNSYLVANIA ENERGY OFFICE.
17 SECTION 4. POWERS AND DUTIES OF OFFICE.
18 (A) COMMONWEALTH VEHICLES.--THE PENNSYLVANIA ENERGY OFFICE,
19 IN COOPERATION WITH THE DEPARTMENT OF GENERAL SERVICES, THE
20 DEPARTMENT OF ENVIRONMENTAL RESOURCES AND THE DEPARTMENT OF
21 TRANSPORTATION, SHALL ENCOURAGE THE USE OF ALTERNATIVE FUEL
22 VEHICLES BY COMMONWEALTH AGENCIES. A VARIETY OF DIFFERENT TYPES
23 OF ALTERNATIVE FUEL VEHICLES SHALL BE ACQUIRED AND USED BY SUCH
24 AGENCIES INSOFAR AS SUCH PRACTICE IS ECONOMICALLY FEASIBLE AND
25 ENVIRONMENTALLY ACCEPTABLE.
26 (B) STUDY.--THE OFFICE SHALL MONITOR THE PERFORMANCE OF
27 ALTERNATIVE FUEL VEHICLES ACQUIRED PURSUANT TO SUBSECTION (A) BY
28 RECEIVING REPORTS FROM AGENCIES USING THE VEHICLES. THE REPORTS
29 SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION RELATING TO
30 EMISSIONS, FUEL ECONOMY, SAFETY, OPERATING AND MAINTENANCE
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1 COSTS, PERFORMANCE AT HIGH ALTITUDE, PERFORMANCE IN COLD
2 WEATHER, AND A COMPARISON OF THE OVERALL PERFORMANCE AND COST OF
3 EACH TYPE OF ALTERNATIVE FUEL VEHICLE WITH OTHER TYPES OF
4 ALTERNATIVE FUEL VEHICLES OR GASOLINE-FUELED VEHICLES.
5 (C) HEAVY DUTY ENGINES.--THE OFFICE, IN COOPERATION WITH
6 MANUFACTURERS OF HEAVY DUTY ENGINES, ANY PENNSYLVANIA COLLEGE OR
7 UNIVERSITY, OR ANY FEDERAL AND STATE AGENCY, MAY ESTABLISH A
8 COMMERCIAL APPLICATION DEMONSTRATION PROGRAM TO STUDY THE USE OF
9 ALTERNATIVE FUELS IN HEAVY DUTY TRUCKS AND, IF APPROPRIATE, IN
10 OTHER HEAVY DUTY APPLICATIONS.
11 (D) TRANSIT BUSES.--THE OFFICE, PURSUANT TO THE ALTERNATIVE
12 MOTOR FUELS ACT OF 1988, SHALL COOPERATE WITH FEDERAL, STATE AND
13 LOCAL GOVERNMENT AGENCIES IN THE TESTING AND STUDY IN URBAN
14 SETTINGS OF TRANSIT BUSES CAPABLE OF OPERATING ON ALTERNATIVE
15 FUELS, PROVIDED FUNDS AUTHORIZED FOR THIS PURPOSE BY THE
16 ALTERNATIVE MOTOR FUELS ACT OF 1988 ARE APPROPRIATED AND MADE
17 AVAILABLE TO THE OFFICE UPON APPLICATION, OR FUNDS ARE OTHERWISE
18 MADE AVAILABLE FOR THIS PURPOSE.
19 (E) ADVISORY ASSISTANCE.--THE OFFICE MAY APPOINT, AS MAY BE
20 NECESSARY, ADVISORY GROUPS CONSISTING OF STATE AND LOCAL
21 GOVERNMENT OFFICIALS AND PERSONS FROM THE PRIVATE SECTOR,
22 EDUCATIONAL INSTITUTIONS, ENVIRONMENTAL ORGANIZATIONS AND THE
23 GENERAL PUBLIC WHO ARE KNOWLEDGEABLE ABOUT ALTERNATIVE FUELS AND
24 THEIR POSSIBLE USES, THE PRODUCTION OF ALTERNATIVE FUELS
25 VEHICLES AND THE CONVERSION OF VEHICLES TO ALTERNATIVE FUELS
26 USE, OR THE DEVELOPMENT OF TECHNOLOGIES TO REDUCE EMISSIONS
27 ASSOCIATED WITH THE USE OF ALTERNATIVE FUELS.
28 (F) COORDINATION AND INFORMATION.--THE OFFICE SHALL
29 COORDINATE THE COMMONWEALTH'S EFFORTS RELATING TO THE USE OF
30 ALTERNATIVE FUEL VEHICLES WITH EFFORTS OF FEDERAL AND LOCAL
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1 AGENCIES AND SHALL ENCOURAGE THE EXCHANGE OF INFORMATION AMONG
2 INDIVIDUALS, PRIVATE INDUSTRY, PUBLIC AGENCIES, ENVIRONMENTAL
3 GROUPS AND COLLEGES AND UNIVERSITIES INTERESTED IN THE
4 DEVELOPMENT AND USE OF ALTERNATIVE FUELS.
5 (G) REPORT.--WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS
6 ACT, THE OFFICE SHALL REPORT TO THE GOVERNOR AND THE GENERAL
7 ASSEMBLY UPON THE RESULTS OF THE STUDY CONDUCTED PURSUANT TO
8 SUBSECTION (B), AND UPON ANY FINDINGS RESULTING FROM
9 PARTICIPATION IN ACTIVITIES UNDER SUBSECTIONS (C) AND (D). THE
10 REPORT SHALL ALSO INCLUDE RECOMMENDATIONS FOR FUTURE ACTIVITIES
11 RELATED TO THE USE OF ALTERNATIVE FUELS IN THIS COMMONWEALTH.
12 SECTION 5. CONSTRUCTION.
13 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT OR
14 RESTRICT THE STUDY OR USE OF VEHICLES USING ALTERNATIVE SOURCES
15 OF ENERGY OR FUEL OTHER THAN THOSE SET FORTH IN THIS ACT IF SUCH
16 STUDY OR USE IS DETERMINED BY THE OFFICE TO BE ECONOMICALLY
17 FEASIBLE AND IS DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL
18 RESOURCES TO BE ENVIRONMENTALLY ACCEPTABLE.
19 SECTION 6. REPEALS.
20 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
21 INCONSISTENT WITH THIS ACT.
22 SECTION 7. EFFECTIVE DATE.
23 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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