§ 24-163.1 Purchase of cleaner vehicles.
AC § 24-163.1
a. Definitions. When used in this section or in section 24-163.2 of this chapter: "Alternative fuel" means natural gas, liquefied petroleum gas, hydrogen, electricity, and any other fuel which is at least eighty-five percent, singly or in combination, methanol, ethanol, any other alcohol or ether. "Alternative fuel motor vehicle" means a motor vehicle that is operated using solely an alternative fuel or is operated using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles. "Average fuel economy" means the sum of the fuel economies of all motor vehicles in a defined group divided by the number of motor vehicles in such group. "Bi-fuel motor vehicle" means a motor vehicle that is capable of being operated by both an alternative fuel and gasoline or diesel fuel, but may be operated exclusively by any one of such fuels. "Equivalent carbon dioxide" means the metric measure used to compare the emissions from various greenhouse gases emitted by motor vehicles based upon their global warming potential according to the California air resources board or the United States environmental protection agency. "Fuel economy" means the United States environmental protection agency city mileage published label value for a particular motor vehicle, pursuant to 49 U.S.C. § 32908(b). "Gross vehicle weight rating" means the value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model. “Heavy-duty vehicle” means any motor vehicle having a gross vehicle weight rating of more than 14,000 pounds. “Hybrid Electric Vehicle” or “HEV” means a motor vehicle that is designed with an electric battery pack which can be recharged by an on-board internal combustion engine-powered generator. "Light-duty vehicle" means any motor vehicle having a gross vehicle weight rating of 8,500 pounds or less. "Medium-duty vehicle" means any motor vehicle having a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds. "Motor vehicle" means a vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability, provided, however, that this term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department, fire department, department of correction, or office of the chief medical examiner. “Motorcycle” or “on-road motorcycle” means any two-wheeled or three-wheeled motor vehicle having a curb weight of 1,749 pounds or less. “Plug in Hybrid Electric Vehicle” or “PHEV” means a motor vehicle that is designed with an electric battery pack which can be recharged by plugging a charging cable into an external electric power source, but that is not a zero emission vehicle. "Purchase" means purchase, lease, borrow, obtain by gift or otherwise acquire. "Specialized motor vehicle" means a motor vehicle that is equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department, fire department, department of correction, department of investigation, or office of the chief medical examiner. "Use-based fuel economy" means the total number of miles driven by all light-duty and medium-duty vehicles in the city fleet during the previous fiscal year divided by the total amount of fuel used by such vehicles during the previous fiscal year. “Zero emission vehicle” or “ZEV” means a motor vehicle that produces zero exhaust emission of any criteria pollutant, or precursor pollutant, or greenhouse gas, under any possible operational modes or conditions. b.
(1)Except as provided for in paragraphs two and three of this subdivision, beginning July 1, 2006, each light-duty vehicle and medium-duty vehicle that the city purchases shall achieve the highest of the following ratings, with subparagraph one of this paragraph being the highest vehicle rating, applicable to motor vehicles certified to California LEV II standards or successor standards and available within the applicable model year for a light-duty vehicle or medium-duty vehicle that meets the requirements for the intended use by the city of such vehicle: (i) zero emission vehicle (ZEV) (ii) advanced technology partial zero emission vehicle (ATPZEV) (iii) partial zero emission vehicle (PZEV) (iv) super ultra low emission vehicle (SULEV) (v) ultra low emission vehicle (ULEV) (vi) low emission vehicle (LEV) (2) The city shall not be required to purchase a zero emission vehicle or advanced technology partial zero emission vehicle in accordance with paragraph one of this subdivision if the only available vehicle or vehicles that achieve such a rating cost greater than fifty percent more than the lowest bid as determined by the applicable procurement process for a vehicle available in the next highest rating category that meets the requirements for the intended use by the city of such vehicle or if, after consultation with the affected agency, the commissioner determines that the use of such vehicle would be impractical or would unduly hinder the operations of a city agency, or if the commissioner determines that the city lacks the charging and fueling infrastructure to support use of such a vehicle, provided that the next highest rating category that meets the requirements for the intended use by the city of such vehicle shall be selected.
(3)Notwithstanding the requirements of paragraph one of this subdivision, such requirements need not apply to a maximum of five percent of the light-duty vehicles and medium-duty vehicles purchased within each fiscal year.
(4)For the fiscal year beginning July 1, 2005, at least eighty percent of the light-duty vehicles the city purchases in such fiscal year shall be alternative fuel motor vehicles. c.
(2)Except as provided for in paragraph four of this subdivision and subject to the commercial availability and reliability of the motorcycles described in subparagraphs (i) and (ii) of this paragraph and the technical and physical availability of related planned infrastructure, including but not limited to charging stations and depots for such motorcycles: (i) beginning July 1, 2025, each motorcycle that the city purchases, other than a zero emission vehicle, shall achieve the evaporative and exhaust emissions standards for on-road motorcycles established by the California air resources board, or successor standards, and available within the applicable model year for a motorcycle that meets the requirements for the intended use by the city of such motorcycle; and (ii) beginning July 1, 2035, all motorcycles in active operation shall produce zero exhaust emission of any criteria pollutant, or precursor pollutant, or greenhouse gas, under any operational mode or condition.
(5)Any contract entered into by the city for the purchase of light-duty or medium-duty vehicles pursuant to this subdivision, for which the affected agency has the capacity to conduct routine and standard servicing and does so as part of its regular operations at such time, shall require that the city be provided access to the technical service information required to give the city the ability to safely perform routine and standard servicing including to brakes, transmissions, electric motors, batteries, charging systems, tires, and related components as well as to conduct preventive maintenance and state inspections, fluid changes, and replacement of basic body components, including but not limited to, mirrors and lenses. Nothing in the preceding sentence shall be construed to require the manufacturer of such vehicles to divulge any trade secret to any third party. For purposes of this paragraph, the term “trade secret” has the same meaning as set forth in section 1839 of title 18 of the United States code. d.
