NAC486A.180. Use of alternative fuel; reporting requirements.

     1. An alternative fuel vehicle acquired in compliance with NAC 486A.160 must be operated solely on an alternative fuel except when operating in an area where the appropriate alternative fuel is unavailable. The provisions of this subsection do not apply to a clean vehicle or hybrid electric vehicle.

     2. Not later than 60 days after the end of each fiscal year, the operator of a fleet shall file a written report with the Director, on a form provided by the Director, which specifies for the immediately preceding fiscal year:

     (a) The total number of motor vehicles included in the fleet of the operator and the total number of alternative fuel vehicles, clean vehicles and hybrid electric vehicles in that fleet;

     (b) The total number of motor vehicles in the fleet of the operator purchased, leased or otherwise acquired and the total number of clean vehicles, hybrid electric vehicles and motor vehicles that are intended to be operated using an alternative fuel;

     (c) For each motor vehicle included in paragraph (b):

          (1) The vehicle identification number;

          (2) The make, model and year of manufacture;

          (3) The type of fuel used by the vehicle, if the motor vehicle is intended to be operated using an alternative fuel; and

          (4) A statement indicating whether the motor vehicle is a clean vehicle or hybrid electric vehicle and, if the motor vehicle is a clean vehicle, the SmartWay or SmartWay Elite designation for the clean vehicle; and

     (d) By type of motor vehicle:

          (1) The total number of motor vehicles in the fleet of the operator that operate using an alternative fuel specified in NAC 486A.015 or a conventional fuel;

          (2) The total amount by volume of each alternative fuel specified in NAC 486A.015 and each conventional fuel used in the fleet of the operator; and

          (3) The total annual mileage accumulated by all motor vehicles in the fleet of the operator that operate using an alternative fuel.

     3. In addition to the provisions of subsection 2, the operator of a fleet shall provide to the Director:

     (a) If the operator uses biodiesel fuel that is not blended in accordance with NAC 590.051 for the fleet, a copy of a bill of lading or other statement from the supplier of the biodiesel fuel indicating that the biodiesel fuel used for the fleet meets the requirements for biodiesel fuel set forth in NAC 486A.015; and

     (b) On a form provided for that purpose by the Director, a statement setting forth the policies, procedures and internal controls established by the operator of the fleet to ensure compliance with the provisions of this subsection, including, without limitation, any policy, procedure or internal control which:

          (1) Authorizes the use of fuel for the fleet solely from any storage tanks of the fleet which are supplied with alternative fuels;

          (2) Prohibits the purchase of conventional fuels from a retailer;

          (3) Sets forth the requirements for labeling motor vehicles for the use of alternative fuels or for training the operator in the use of alternative fuels;

          (4) Sets forth the location of each dispenser for an alternative fuel that is available for use by the fleet; and

          (5) Sets forth each geographic area in which an alternative fuel used by the fleet is not available.

     4. For each report and any other information submitted pursuant to this section, the operator of the fleet or other appropriate person in the state agency or local governing body shall:

     (a) Certify that, based upon all available information and a belief formed after a reasonable inquiry, the report or other information is true, accurate and complete;

     (b) As soon as practicable after discovering any supplementary fact or corrected information required to comply with the provisions of this section, submit the fact or information to the Director; and

     (c) Submit, in writing and within the period specified by the Director, any additional information required by the Director to carry out the provisions of this section.

     (Added to NAC by Environmental Comm’n, eff. 11-23-92; A 10-29-97; R031-00, 5-26-2000; R232-03, 4-13-2004; R022-10, 7-22-2010)