AN ACT to require THE DEPARTMENT of administration to Give preference to NEW passenger MOTOR VEHICLEs that have A FUEL ECONOMY that is IN THE TOP Fifteen PERCENT of that CLASS OF comparable automobiles for passenger motor vehicles purchased by the State.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑341(8) reads as rewritten:
"(8)	General Services:
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i.	To establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end:
1.	To establish and operate central facilities for the maintenance, repair, and storage of state‑owned passenger motor vehicles for the use of State agencies; to utilize any available State facilities for that purpose; and to establish such subsidiary facilities as the Secretary may deem necessary.
2.	To acquire passenger motor vehicles by transfer from other State agencies and by purchase. All motor vehicles transferred to or purchased by the Department shall become part of a central motor pool.
2a.	Every new motor vehicle transferred to or purchased by the Department that is designed to operate on diesel fuel shall be covered by an express manufacturer's warranty that allows the use of B‑20 fuel, as defined in G.S. 143‑58.4. This sub‑sub‑subdivision does not apply if the intended use, as determined by the Department, of the new motor vehicle requires a type of vehicle for which an express manufacturer's warranty allows the use of B‑20 fuel is not available.
2b.	As used in this sub‑sub‑subdivision, "fuel economy" and "class of comparable automobiles" have the same meaning as in Part 600 of Title 40 of the Code of Federal Regulations (July 1, 2008 Edition). As used in this sub‑sub‑subdivision, "passenger motor vehicle" has the same meaning as "private passenger vehicle" as defined in G.S. 20‑4.01. Notwithstanding the requirements of sub‑sub‑subdivision 2a. of this sub‑subdivision, every request for proposals for new passenger motor vehicles to be purchased by the Department shall state a preference for vehicles that have a fuel economy for the new vehicle's model year that is in the top fifteen percent (15%) of its class of comparable automobiles. The award for every new passenger motor vehicle that is purchased by the Department shall be based on the Department's evaluation of the best value for the State, taking into account fuel economy ratings and life cycle cost that reasonably consider both projected fuel costs and acquisition costs. This sub‑sub‑subdivision does not apply to vehicles used in law enforcement, emergency medical response, and firefighting. The Department shall report the number of new passenger motor vehicles that are purchased as required by this sub‑sub‑subdivision, the savings or costs for the purchase of vehicles to comply with this sub‑sub‑subdivision, and the quantity and cost of fuel saved for the previous fiscal year on or before October 1 of each year to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission.
2c.	To participate in the energy credit banking and selling program under G.S. 143‑58.4. The Division of Motor Fleet Management of the Department of Administration is eligible to receive proceeds from the Alternative Fuel Revolving Fund under G.S. 143‑58.5 to purchase alternative fuel, develop alternative fuel refueling infrastructure, or purchase AFVs as defined in G.S. 143‑58.4.
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SECTION 2.  The first report required under G.S. 143-341(8)i.2b. shall be due on or before October 1, 2011.
SECTION 3.  This act becomes effective July 1, 2010, and applies to contracts to purchase passenger motor vehicles on or after that date.
In the General Assembly read three times and ratified this the 23rd day of June, 2009.

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		 Walter H. Dalton
	 President of the Senate

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		 Joe Hackney
	 Speaker of the House of Representatives

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		 Beverly E. Perdue
	 Governor

Approved __________.m. this ______________ day of ___________________, 2009