143-58.4. Energy credit banking and selling program.
(a) The following definitions apply in this section:
(1) AFV. - A hybrid electric vehicle that derives its transportation energy from gasoline and electricity. AFV also means an original equipment manufactured vehicle that operates on compressed natural gas, propane, or electricity.
(2) Alternative fuel. - Biodiesel, biodiesel blend, ethanol, compressed natural gas, propane, and electricity used as a transportation fuel in blends or in a manner as defined by the Energy Policy Act.
(3) B-20. - A blend of twenty percent (20%) by volume biodiesel fuel and eighty percent (80%) by volume petroleum-based diesel fuel.
(3a) Biodiesel. - A fuel comprised of mono-alkyl esters of long fatty acids derived from vegetable oils or animal fats, designated B100 and meeting the requirements of the American Society for Testing and Materials (ASTM) D-6751.
(3b) Biodiesel blend. - A blend of biodiesel fuel with petroleum-based diesel fuel, designated BXX where XX represents the percentage of volume of fuel in the blend meeting the requirements of ASTM D-6751.
(4) Department. - The Department of Environmental Quality.
(5) Energy Policy Act. - The federal Energy Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2782, 42 U.S.C. 13201, et seq.
(6) EPAct credit. - A credit issued pursuant to the Energy Policy Act.
(7) E-85. - A blend of eighty-five percent (85%) by volume ethanol and fifteen percent (15%) by volume gasoline.
(8) Incremental fuel cost. - The difference in cost between an alternative fuel and conventional petroleum fuel at the time the fuel is purchased.
(9) Incremental vehicle cost. - The difference in cost between an AFV and conventional vehicle of the same make and model. For vehicles with no comparable conventional model, incremental vehicle cost means the generally accepted difference in cost between an AFV and a similar conventional model.
(b) Establish Program. - The State Energy Office of the Department, in cooperation with State departments, institutions, and agencies, shall establish and administer an energy credit banking and selling program to allow State departments, institutions, and agencies to use moneys generated by the sale of EPAct credits to purchase alternative fuel, develop alternative fuel refueling infrastructure, and purchase AFVs for use by State departments, institutions, and agencies. Each State department, institution, and agency shall provide the State Energy Office with all vehicle fleet information necessary to determine the number of EPAct credits generated annually by the State. The State Energy Office may sell credits in any manner that is in accordance with the provisions of the Energy Policy Act.
(c) Adopt Rules. - The Secretary of Environmental Quality shall adopt rules as necessary to implement this section. (2005-413, s. 1; 2009-237, s. 1; 2009-446, s. 1(g), (h); 2013-360, s. 15.22(n); 2015-241, s. 14.30(u), (v).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 3 - Purchases and Contracts.
§ 143-48.1 - Medicaid program exemption.
§ 143-48.2 - Procurement program for nonprofit work centers for the blind and the severely disabled.
§ 143-48.3 - Electronic procurement.
§ 143-48.4 - Statewide uniform certification of historically underutilized businesses.
§ 143-48.5 - Contractors must use E-Verify.
§ 143-48.6 - Personal services contracts subject to Article.
§ 143-49 - Powers and duties of Secretary.
§ 143-49.1 - Purchases by volunteer nonprofit fire department and lifesaving and rescue squad.
§ 143-50 - Certain contractual powers exercised by other departments transferred to Secretary.
§ 143-50.1 - Division of Purchase and Contract; Contract Management Section.
§ 143-51 - Reports to Secretary required of all agencies as to needs and purchases.
§ 143-52.1 - Award recommendations; State Purchasing Officer action.
§ 143-52.3 - Multiple award schedule contracts.
§ 143-53.1 - Setting of benchmarks; increase by Secretary.
§ 143-54 - Certification that bids were submitted without collusion.
§ 143-55 - Requisitioning by agencies; must purchase through sources certified.
§ 143-56 - Certain purchases excepted from provisions of Article.
§ 143-57 - Purchases of articles in certain emergencies.
§ 143-57.1 - Furniture requirements contracts.
§ 143-58 - Contracts contrary to provisions of Article made void.
§ 143-58.1 - Unauthorized use of public purchase or contract procedures for private benefit.
§ 143-58.2 - State policy; bid procedures and specifications; identification of products.
§ 143-58.3 - Purchase of recycled paper and paper products; goals.
§ 143-58.4 - Energy credit banking and selling program.
§ 143-58.5 - Alternative Fuel Revolving Fund.
§ 143-58.6 - Specifications for use of coal combustion products.
§ 143-58.7 - Contracts with Conservation Corps North Carolina.
§ 143-59.1 - Contracts with certain foreign vendors.
§ 143-59.1A - Preference given to products made in United States.
§ 143-59.2 - Certain vendors prohibited from contracting with State.
§ 143-59.4 - Contracts performed outside the United States.
§ 143-60 - Rules covering certain purposes.
§ 143-62 - Law applicable to printing Supreme Court Reports not affected.
§ 143-63 - Financial interest of officers in sources of supply; acceptance of bribes.