§ 5-22-5-8.5 — Purchase of vehicles; requirements; exceptions

Indiana § 5-22-5-8.5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 5: Specifications

Text

5. (a) As used in this section, "clean energy
vehicle" means any of the following:
(1) A vehicle that operates on one (1) or more of the following
energy sources:
(A) A rechargeable energy storage system.
(B) Hydrogen.
(C) Compressed air.
(D) Compressed or liquid natural gas.
(E) Solar energy.
(F) Liquefied petroleum gas.
(G) Methanol, denatured ethanol, and other alcohols.
(H) Mixtures containing eighty-five percent (85%) or more by
volume of methanol, denatured ethanol, and other alcohols with
gasoline or other fuel.
(I) Natural gas.
(J) Coal-derived liquid fuels.
(K) Non-alcohol fuels derived from biological material.
(L) P-Series fuels.
(M) Electricity.
(N) Biodiesel or ultra low sulfur diesel fuel.
(2) A vehicle that operates on gasoline and one (1) or more of the
energy sources listed in subdivision (1).
(3) A vehicle that operates on diesel fuel and one (1) or more of
the energy sources listed in subdivision (1).
(b) As used in this section, "state entity" means the following:
(1) A state agency.
(2) Any other authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive
(including the administrative), legislative, or judicial department
of state government.
The term includes a state elected official's office and excludes a state
educational institution.
(c) As used in this section, "total cost of ownership" means the total
cost of the following for a vehicle:
(1) Energy.
(2) Operations.
(3) Maintenance.
(4) Support infrastructure.
(d) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(e) Except as provided in subsections (f) and (k), if a state entity
purchases or leases a vehicle, it must purchase or lease a clean energy
vehicle unless the Indiana department of administration determines that
the:
(1) purchase or lease of a clean energy vehicle is inappropriate
because of the purposes for which the vehicle will be used; or
(2) total cost of ownership of a clean energy vehicle is
substantially more than the cost of a vehicle that is not a clean
energy vehicle.
The vehicle must be a government model, base model, or standard
model vehicle and may not be from a luxury or semi-luxury brand if a
nonluxury brand alternative exists that uses the same underlying
vehicle platform.
(f) The requirements of subsection (e) do not apply to the:
(1) purchase or lease of vehicles by or for the state police
department or the governor; and
(2) short term or temporary lease of vehicles.
(g) The Indiana department of administration shall adopt rules or
guidelines to provide a preference for the purchase or lease by state
entities of clean energy vehicles manufactured wholly or partially in
Indiana or containing parts manufactured in Indiana.
(h) Before August 1, each state entity shall annually submit to the
Indiana department of administration information regarding the use of
clean energy vehicles by the state entity. The information must specify
the following for the preceding state fiscal year:
(1) The amount of energy sources described in subsection (a)(1)
purchased by the state entity.
(2) The amount of conventional fuels purchased by the state
entity.
(3) The average price per gallon paid by the state entity for each
type of fuel purchased by the state entity.
(4) The total number of vehicles purchased or leased by the state
agency that were clean energy vehicles and the total number of
vehicles purchased or leased by the state agency that were not
clean energy vehicles.
(5) Any other information required by the Indiana department of
administration.
(i) Before September 1, the Indiana department of administration
shall annually submit to the general assembly in an electronic format
under IC 5-14-6 and to the governor a report that lists the information
required under subsection (h) for each state entity and for all state
agencies in the aggregate.
(j) Before July 1, 2025, the Indiana department of administration
shall make recommendations to state entities regarding the
procurement of clean energy vehicles.
(k) A state agency may submit a request to the Indiana department
of administration for an exception to the requirements of subsection
(e). The Indiana department of administration may grant an exception
if it finds the state agency's purchase or lease of a vehicle that does not
meet the requirements of subsection (e) is necessary for the state
agency's intended use of the vehicle.

Legislative History

As added by P.L.151-2009, SEC.3. Amended by P.L.277-2013, SEC.3; P.L.214-2019, SEC.2; P.L.144-2024, SEC.12; P.L.66-2025, SEC.1.