H.B. 103 Enrolled

1

USE OF STATE ALTERNATIVE FUEL
2 NETWORK
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Fred R. Hunsaker
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Administrative Services Code relating to the public
11 purchase of compressed natural gas through the state's fuel network.
12 Highlighted Provisions:
13 This bill:
14 . provides that the Division of Fleet Services may allow certain private individuals and
15 entities to purchase compressed natural gas through the state's fuel network under
16 certain circumstances;
17 . authorizes the division to create rules to establish guidelines for the private use of
18 compressed natural gas through the state's fuel network; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 63A-9-101, as last amended by Laws of Utah 2005, Chapter 71
27 ENACTS:
28 63A-9-702, Utah Code Annotated 1953
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63A-9-101 is amended to read:
32 63A-9-101. Definitions.
33 (1) (a) "Agency" means each department, commission, board, council, agency,
34 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
35 unit, bureau, panel, or other administrative unit of the state.
36 (b) "Agency" includes the State Board of Education, the Office of Education, each
37 Applied Technology Center, the board of regents, the institutional councils of each higher
38 education institution, and each higher education institution.
39 (c) "Agency" includes the legislative and judicial branches.
40 (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
41 (3) "Director" means the director of the division.
42 (4) "Division" means the Division of Fleet Operations created by this chapter.
43 (5) "Executive director" means the executive director of the Department of
44 Administrative Services.
45 (6) "Local agency" means:
46 (a) a county;
47 (b) a municipality;
48 (c) a school district;
49 (d) a local district;
50 (e) a special service district;
51 (f) an interlocal entity as defined under Section 11-13-103 ; or
52 (g) any other political subdivision of the state, including a local commission, board, or
53 other governmental entity that is vested with the authority to make decisions regarding the
54 public's business.
55 [(6)] (7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying
56 passengers.
57 (b) "Motor vehicle" includes vehicles used for construction and other nontransportation

58 purposes.
59 [(7)] (8) "State vehicle" means each motor vehicle owned, operated, or in the
60 possession of an agency.
61 Section 2. Section 63A-9-702 is enacted to read:
62 Part 7. Use of Division Services
63 63A-9-702. Authority of public to purchase natural gas from the state fuel
64 network -- Rulemaking authority.
65 (1) As used in this section, "private individual or entity" means any individual or entity
66 that:
67 (a) is not acting under the authority of a federal, state, or local government agency; and
68 (b) is not purchasing compressed natural gas from the state's fuel network for sale,
69 resale, distribution, redistribution, trade, exchange, or in furtherance of a commercial enterprise.
70 (2) The division may allow a private individual or entity to purchase compressed natural
71 gas from the state's fuel network if:
72 (a) there is no commercial fuel site that meets the geographical compressed natural gas
73 distribution needs of private individuals or entities; and
74 (b) there is no emergency that, as determined by the division, warrants the holding of
75 compressed natural gas in reserve for use by state or emergency vehicles.
76 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
77 division shall make rules:
78 (a) giving state and local agencies priority to dispense and receive compressed natural
79 gas from the state's fuel network sites;
80 (b) designating state fuel network sites that may be made available to private individuals
81 and entities for the purchase of compressed natural gas;
82 (c) defining the terms of operation for each site designated under Subsection (3)(b);
83 (d) unless otherwise prohibited by law, limiting the amount of compressed natural gas
84 that may be purchased from the state's fuel network by any private individual or entity at any
85 one time, or in the aggregate during any given period of time;

86 (e) providing conditions upon which a private individual or entity's authorization to
87 purchase compressed natural gas from the state fuel network may be granted, revoked, or
88 suspended under this section;
89 (f) to establish or determine compliance with Subsections (2)(a) and (b); and
90 (g) defining the term "geographical compressed natural gas needs of a private individual
91 or entity."