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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 123:6-1-09 | Appropriate vehicles.

 

(A) The department of administrative services will review each request from a state agency to procure a motor vehicle to determine whether the motor vehicle requested is the most appropriate motor vehicle for intended use.

(B) Each state agency will provide the department the following information before a motor vehicle is procured for that agency's fleet:

(1) The model and type of the requested motor vehicle.

(2) A general description of the intended use of the motor vehicle requested.

(3) The number of individuals normally transported in the motor vehicle in the normal course of business.

(4) If the requested motor vehicle is not capable of using alternative fuels, an explanation why a motor vehicle capable of using alternative fuels is either not economically feasible or not operationally feasible.

(5) Any other information the department deems necessary.

(C) Upon receiving the information set forth in paragraph (B) of this rule, the department will determine whether the requested motor vehicle is the most appropriate motor vehicle to procure for the stated intended use. If the department determines the requested motor vehicle is not the most appropriate motor vehicle to procure based on the intended use of that motor vehicle, the department will inform the state agency, in writing of the department's decision and provide the state agency with a list of motor vehicles that are appropriate for procurement, based on the intended use of that motor vehicle.

(D) In making the determination set forth in paragraph (C) of this rule, the department will consider if the state agency operates fueling stations throughout the state and whether those fueling stations offer alternative fuels and/or the cost of adding alternative fuel capabilities at those fueling stations, and will also consider the following factors and will determine that the state agency may procure a motor vehicle that is not capable of using alternative fuels if any of the following factors exist:

(1) The acquisition cost of an appropriate motor vehicle capable of using alternative fuels exceeds by fifteen per cent or more the acquisition cost of an appropriate motor vehicle that is not capable of using alternative fuels.

(2) The life cycle cost of an appropriate motor vehicle capable of using alternative fuels exceeds by twenty- five per cent or more the cost to acquire and operate an appropriate motor vehicle that is not capable of using alternative fuels.

(3) An emergency or exigent circumstance exists that makes the acquisition of an appropriate motor vehicle capable of using alternative fuels impractical or impossible. Such circumstances include state or federal declared disasters or emergencies.

(4) An appropriate motor vehicle capable of using alternative fuels exceeds the fuel emissions standards established by the United States environmental protection agency by ten per cent for that class of motor vehicle.

(5) An appropriate motor vehicle capable of using alternative fuels underperforms the mileage per gallon average for that class motor vehicle by ten per cent as established by the United States environmental protection agency.

(6) The appropriate motor vehicle capable of using alternative fuels is not available within a reasonable timeframe that meets operational needs, including situations where delivery delays would significantly impact agency services or project timelines.

(7) In response to a competitive solicitation, no manufacturer submits a proposal that includes an appropriate motor vehicle capable of using alternative fuels.

(E) Each agency fleet manager will ensure that drivers of state motor vehicles have access to information about locations where alternative fuels are available.

(F) A driver of a state motor vehicle capable of using alternative fuels will purchase alternative fuels for that motor vehicle unless any of following conditions apply:

(1) The driver must travel more than five miles round trip from the driver's planned route to refuel the vehicle at a location that offers alternative fuels.

(2) The driver must travel more than five miles from a fuel station that does not offer alternative fuels to a station that offers alternative fuels.

(3) The cost of alternative fuels is more than ten percent greater than the cost of conventional gasoline or conventional diesel fuel.

(4) The use of alternative fuels has a likehood of causing performance or operational inconsistencies.

(5) The use of alternative fuels has a likelihood of causing significant cost for storage or operational infrastructure.

(6) The driver refuels the vehicle at an agency operated fueling station.

Last updated December 1, 2025 at 7:44 AM

Supplemental Information

Authorized By: 125.832, 125.834
Amplifies: 125.832, 125.834
Five Year Review Date: 11/25/2030
Prior Effective Dates: 3/16/2009