Email: Chapter 24, Article 2D
§24-2D-1. Legislative findings.
The Legislature finds that there is growing concern about the environment and our state's and nation's dependence on foreign oil.
The Legislature further finds that this state has an abundant supply of alternative fuels and an extensive supply network, and that by encouraging the use of alternative fuels in new demonstration technologies such as alternative fuel vehicles, the state will be reducing dependence on foreign oil and promoting improved air quality. Accordingly, the Legislature finds that it is in the public interest to have the Public Service Commission develop and implement programs designed to encourage the use of West Virginia alternative fuels as vehicle fuels and in other new demonstration technologies.
§24-2D-2. Incentives for use of alternative fuels in new technologies.
(a) For purposes of this article, "alternative fuel" shall mean natural gas, methanol, propane, and electricity, and "alternative fuel vehicles" shall mean motor vehicles whose primary source of fuel is natural gas, methanol, propane, or electricity.
(b) Upon a finding that it is in the public interest of this state to authorize the same, as provided in section one, article one of this chapter, the Public Service Commission shall authorize ratemaking allowances for public utilities to encourage the use of alternative fuel in new demonstration technologies, including alternative fuel vehicles, which provide incentives to encourage investments in such technologies.
§24-2D-3. Limitation on commission jurisdiction over sales by nonutilities of alternative fuel for certain purposes, limitations on jurisdiction for temporary electric charging of alternative fuel motor vehicles.
(a) Notwithstanding any provision of this chapter to the contrary, the Public Service Commission shall have no jurisdiction over the ultimate sale by nonutilities of alternative fuel to be utilized solely as fuel for motor vehicles.
(b) Notwithstanding any provision of this chapter to the contrary, persons or entities generating electricity for retail sale for alternative fuel vehicles at temporary electric charging locations using movable generators are not public utilities and the Public Service Commission shall have no jurisdiction thereover: Provided, That the temporary electric charging locations are: (1) at fairs, festivals, and other special events; (2) at locations where the electric distribution grid has been adversely effected by emergencies or disasters, natural or otherwise; or (3) at locations which facilitate evacuations from such emergencies or disasters, impending or otherwise.