MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Finance
By: Senator(s) Burton
AN ACT TO AMEND SECTION 57-1-421, MISSISSIPPI CODE OF 1972, TO EXPAND TO ALL POLITICAL SUBDIVISIONS THE PROGRAM THAT PROVIDES LOANS TO SCHOOL DISTRICTS AND MUNICIPALITIES TO PAY THE COST OF PURCHASING ALTERNATIVE MOTOR FUEL VEHICLES, CONVERTING VEHICLES TO ALTERNATIVE FUEL AND PROVIDING ALTERNATIVE FUEL REFUELING STATIONS FOR SUCH VEHICLES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-1-421, Mississippi Code of 1972, is amended as follows:
57-1-421. * * *
( * * *1) As used in this * * * section:
(a) "Alternative fuel" means compressed natural gas and liquefied natural gas, as defined in Section 27-59-3, and propane fuel when used as a fuel in a motor vehicle or motor vehicles on the highways of the state.
(b) "Conversion kit" means the fuel system equipment necessary in order to retrofit a motor vehicle propelled by gasoline, diesel or other fuel so that the motor vehicle may be converted or modified into an alternative fuel motor vehicle.
(c) "Cost of qualified alternative fuel motor vehicle fuel property" means any of the following:
(i) The actual
cost per vehicle paid by the * * * political subdivision for the
purchase and installation of qualified alternative fuel motor vehicle fuel
property described in paragraph ( * * *k)(i) of this subsection.
(ii) The
incremental cost per vehicle paid by the * * * political subdivision upon
the purchase of an OEM alternative fuel motor vehicle for the qualified
alternative fuel motor vehicle fuel property (including installation) described
in paragraph ( * * *k)(ii)
of this subsection.
(iii) The cost of
the qualified alternative fuel motor vehicle fuel property described in
paragraph ( * * *k)(iii)
of this subsection and its installation.
(iv) The cost of
the qualified alternative fuel motor vehicle fuel property described in
paragraph ( * * *k)(iv)
of this subsection and its construction and installation. The cost directly
related to a refueling station shall not include costs associated with
exploration and development activities necessary for severing natural resources
from the soil or ground.
(d) "Fuel system equipment" means tanks, pumps, hoses, injectors, electronic controls and related supplies, materials, parts and components for the storage of alternative fuel as fuel for an alternative fuel motor vehicle, the delivery of alternative fuel to the engine of an alternative fuel motor vehicle, and the exhaust from an alternative fuel motor vehicle of gases from combustion of alternative fuel used to propel an alternative fuel motor vehicle, excluding equipment necessary for operation of a motor vehicle on gasoline, diesel or any fuel other than alternative fuel.
(e) "Incremental cost" means:
(i) The stated MSRP of the fuel system equipment and its installation for an OEM alternative fuel motor vehicle; or
(ii) If no separate MSRP is stated, the difference between the MSRP of the OEM alternative fuel motor vehicle and the MSRP of the same make and model of motor vehicle manufactured without the fuel system equipment but otherwise identically equipped.
When an OEM alternative fuel motor vehicle is sold for less (or more) than its MSRP, the amount determined in subparagraph (i) or (ii) of this paragraph (e) shall be proportionately reduced (or increased) by the same percentage as the discount (or premium) on the MSRP, as applicable.
(f) * * * "Political subdivision" means
any body politic or body corporate other than the state responsible for
governmental activities only in geographic areas smaller than that of the
state, including, but not limited to, any county, municipality, school
district, charter school, natural gas district, water supply district, water
and sewer district, volunteer fire department that is a chartered nonprofit
corporation providing emergency services under contract with a county or
municipality, community hospital as defined in Section 41-13-10, airport
authority, or other instrumentality of the state, whether or not the body or
instrumentality has the authority to levy taxes or to sue or be sued in its own
name.
(g) "OEM alternative fuel motor vehicle" means an alternative fuel motor vehicle manufactured by the original vehicle manufacturer (or its contractor) with the fuel system equipment installed as original equipment by the manufacturer (or its contractor) at the factory or at another installation site approved by the manufacturer (or its contractor).
(h) "Motor vehicle" shall have the meaning ascribed to such term in Section 27-59-3.
(i) "MSRP" means manufacturer's suggested retail price.
(j) "Alternative fuel motor vehicle" means a motor vehicle propelled by alternative fuel either as a dedicated alternative fuel vehicle, as a bi-fuel vehicle using alternative fuel as one of its fuels, or as a dual fuel vehicle using alternative fuel as one of its fuels.
* * *
( * * *k) "Qualified alternative fuel
motor vehicle fuel property" means any of the following:
(i) A conversion kit which has not previously been used to retrofit any motor vehicle and is installed and results in a reduction in emissions.
(ii) The fuel system equipment on an OEM alternative fuel motor vehicle which results in a reduction in emissions.
(iii) A refueling
system installed at a * * *
location for the nonpublic refueling with alternative fuel of the * * * political subdivision's
alternative fuel motor vehicles.
(iv) A refueling
station located in the state and operated by a * * * political subdivision for
refueling of alternative fuel motor vehicles owned by the * * * political subdivision.
(v) Upgrades to a
refueling system included in subparagraphs (iii) and (iv) of this paragraph ( * * *k).
(vi) Portable or mobile refueling systems.
( * * *l) "Reduction in emissions"
means a reduction in atmospheric emissions from fuel consumption by an
alternative fuel motor vehicle as demonstrated by certification of the fuel
system equipment by the federal Environmental Protection Agency or the
Mississippi Department of Environmental Quality or any other test or standard recognized
by the Mississippi Department of Environmental Quality.
( * * *m) "Refueling system" means
compressors (whether used separately or in combination with cascade tanks),
process piping, hoses, dispensing units at the point where alternative fuel is
delivered as a fuel, meters and other parts and equipment and installation
supplies and materials therefor and other fuel system equipment that
constitute a refueling system capable of dispensing alternative fuel into fuel
tanks of alternative fuel motor vehicles for use as a fuel.
( * * *n) "Refueling station" means
property constituting a facility operated for dispensing alternative fuel into
fuel tanks of alternative fuel motor vehicles, which shall include:
(i) A refueling system; and
(ii) A building or other structural components constructed or installed as part of and directly related to such refueling system.
( * * *o) "Retrofit" means the
installation of a conversion kit in a motor vehicle designed to operate on
gasoline, diesel or other fuel in order to convert or modify such motor vehicle
into an alternative fuel motor vehicle.
( * * *2) (a) The Mississippi Development
Authority shall establish a revolving loan program to provide loans to * * * political subdivisions
for the purpose of assisting * * * political subdivisions
with paying the cost of purchasing qualified alternative fuel motor
vehicle fuel property * * *.
Loans made under this section shall bear no interest.
(b) A * * * political
subdivision desiring a loan under this section must submit an application
to the Mississippi Development Authority. The application shall include:
(i) A description of the purpose for which the loan is requested;
(ii) The amount of the loan requested; and
(iii) Any other information required by the Mississippi Development Authority.
(c) Repayments of
loans made under this section shall be deposited to the credit of the
Mississippi * * * Alternative Fuel * * * Motor Vehicle
Revolving Loan Fund.
( * * *3) (a) There is created in the State
Treasury a special fund to be designated as the "Mississippi Political
Subdivision Alternative Fuel * * *
Motor Vehicle Revolving
Loan Fund," which shall consist of funds appropriated or otherwise made
available by the Legislature in any manner and funds from any other source
designated for deposit into such fund. Unexpended amounts remaining in the
fund at the end of a fiscal year shall not lapse into the State General Fund,
and any investment earnings or interest earned on amounts in the fund shall be
deposited to the credit of the fund. Monies in the fund shall be used by the
Mississippi Development Authority for the purposes described in this section.
(b) Monies in the fund which are derived from the proceeds of general obligation bonds may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Development Authority in providing loans under this section through the use of general obligation bonds. Monies authorized for a particular loan may not be used to reimburse administrative costs for unrelated loans. Reimbursements made under this subsection shall satisfy any applicable federal tax law requirements.
( * * *4) The Mississippi Development
Authority shall have all powers necessary to implement and administer the
program established under this section, and the Mississippi Development
Authority shall promulgate rules and regulations, in accordance with the
Mississippi Administrative Procedures Law, necessary for the implementation of
this section.
SECTION 2. This act shall take effect and be in force from after its passage.