Section 13-1B-3 - Acquisition of vehicles; exemptions.

13-1B-3. Acquisition of vehicles; exemptions.

A.     Seventy-five percent of vehicles acquired in fiscal year 2003 and each fiscal year thereafter by the agencies and departments of state government and educational institutions shall be vehicles that:

(1)     meet or exceed the corporate average fuel economy standards for vehicles issued by the national highway transportation safety administration of the United States department of transportation;

(2)     are hybrid vehicles;

(3)     are capable of operating on alternative fuel with either bi-fuel capability or dedicated engine configurations; or

(4)     are plug-in electric vehicles.

B.     Certified law enforcement pursuit vehicles and emergency vehicles are exempt from the provisions of the Alternative Fuel Acquisition Act [13-1B-1 NMSA 1978]. The department may exempt additional vehicles from the requirements of Subsection A of this section upon demonstration by the acquiring entity that:

(1)     a vehicle that meets the corporate average fuel economy standards is not suitable for its intended use or is unavailable from an original vehicle manufacturer;

(2)     alternative fuels are unavailable at a cost within fifteen percent of the cost of conventional fuel within the normal driving range of these vehicles; or

(3)     a vehicle suitable for its intended use and capable of operating on alternative fuel or a  gas-electric hybrid is not available from an original equipment manufacturer.

C.     Equipment and installation procedures shall conform to all applicable state and federal safety and environmental regulations and standards.

D.     The agencies and departments of state government, political subdivisions and educational institutions may submit loan applications to the department to acquire loans to facilitate the acquisition of their vehicles.

E.     Agencies and departments of state government and educational institutions shall provide to the department by September 1, 2003 and by September 1 of each year thereafter the total number of vehicles acquired in the preceding fiscal year and the number of those vehicles that meet the requirements of Paragraphs (1) through (4) of Subsection A of this section and the make, model, fuel or power type of and corporate average fuel economy rating for each of those vehicles.