State Entity Fleets Covered by the Energy Policy Act
State entities—including state government and state agency fleets—are covered by and must meet the requirements of the Energy Policy Act (EPAct) if all of the following conditions are met:
- A state entity owns, operates, leases, or otherwise controls 50 or more light-duty vehicles within the United States that are not on the list of excluded vehicles
- At least 20 of those vehicles are used primarily within a single Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area
- Those same 20 vehicles are centrally fueled or "capable of being centrally fueled." Vehicles are considered capable of being centrally fueled if they are capable of being fueled at least 75% of the time at a location that is owned, operated, or controlled by any fleet or under contract with that fleet for fueling purposes.
States are responsible for determining the appropriate reporting entity or entities for purposes of the Alternative Fuel Transportation Program. For example, a state might report as a single entity, agency by agency, or in some combination of the two. In addition, state universities and colleges that meet the coverage criteria are subject to the program's requirements because they are considered state agencies.