Ind. Code § 5-22-5-8.5

Current through P.L. 171-2024
Section 5-22-5-8.5 - [Effective 7/1/2024] State entities required to purchase or lease clean energy vehicles; exceptions; rules; reports
(a) As used in this section, "clean energy vehicle" means any of the following:
(1) A vehicle that operates on one (1) or more of the following energy sources:
(A) A rechargeable energy storage system.
(B) Hydrogen.
(C) Compressed air.
(D) Compressed or liquid natural gas.
(E) Solar energy.
(F) Liquefied petroleum gas.
(G) Methanol, denatured ethanol, and other alcohols.
(H) Mixtures containing eighty-five percent (85%) or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuel.
(I) Natural gas.
(J) Coal-derived liquid fuels.
(K) Non-alcohol fuels derived from biological material.
(L) P-Series fuels.
(M) Electricity.
(N) Biodiesel or ultra low sulfur diesel fuel.
(2) A vehicle that operates on gasoline and one (1) or more of the energy sources listed in subdivision (1).
(3) A vehicle that operates on diesel fuel and one (1) or more of the energy sources listed in subdivision (1).
(b) As used in this section, "state entity" means the following:
(1) A state agency.
(2) Any other authority, board, branch, commission, committee, department, division, or other instrumentality of the executive (including the administrative), legislative, or judicial department of state government.

The term includes a state elected official's office and excludes a state educational institution.

(c) As used in this section, "total cost of ownership" means the total cost of the following for a vehicle:
(1) Energy.
(2) Operations.
(3) Maintenance.
(4) Support infrastructure.
(d) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(e) Except as provided in subsection (f), if a state entity purchases or leases a vehicle, it must purchase or lease a clean energy vehicle unless the Indiana department of administration determines that the:
(1) purchase or lease of a clean energy vehicle is inappropriate because of the purposes for which the vehicle will be used; or
(2) total cost of ownership of a clean energy vehicle is substantially more than the cost of a vehicle that

is not a clean energy vehicle.

(f) The requirements of subsection (e) do not apply to the:
(1) purchase or lease of vehicles by or for the state police department; and
(2) short term or temporary lease of vehicles.
(g) The Indiana department of administration shall adopt rules or guidelines to provide a preference for the purchase or lease by state entities of clean energy vehicles manufactured wholly or partially in Indiana or containing parts manufactured in Indiana.
(h) Before August 1, each state entity shall annually submit to the Indiana department of administration information regarding the use of clean energy vehicles by the state entity. The information must specify the following for the preceding state fiscal year:
(1) The amount of energy sources described in subsection (a)(1) purchased by the state entity.
(2) The amount of conventional fuels purchased by the state entity.
(3) The average price per gallon paid by the state entity for each type of fuel purchased by the state entity.
(4) The total number of vehicles purchased or leased by the state agency that were clean energy vehicles and the total number of vehicles purchased or leased by the state agency that were not clean energy vehicles.
(5) Any other information required by the Indiana department of administration.
(i) Before September 1, the Indiana department of administration shall annually submit to the general assembly in an electronic format under IC 5-14-6 and to the governor a report that lists the information required under subsection (h) for each state entity and for all state agencies in the aggregate.
(j) Before July 1, 2025, the Indiana department of administration shall make recommendations to state entities regarding the procurement of clean energy vehicles.

IC 5-22-5-8.5

Amended by P.L. 144-2024,SEC. 12, eff. 7/1/2024.
Amended by P.L. 214-2019,SEC. 2, eff. 1/1/2020.
Amended by P.L. 277-2013, SEC. 3, eff. 7/1/2013.
As added by P.L. 151-2009, SEC.3.
This section is set out more than once due to postponed, multiple, or conflicting amendments.