West Virginia Laws and Incentives

Listed below are the summaries of all current West Virginia laws, incentives, regulations, funding opportunities, and other initiatives related to alternative fuels and vehicles, advanced technologies, or air quality. You can go directly to summaries of:

State Incentives

Alternative Fuel Vehicle (AFV) Tax Credit

An income tax credit is available to eligible taxpayers who convert a vehicle to operate as a dedicated or bi-fuel natural gas or propane vehicle or who purchase a new original equipment manufacturer dedicated or bi-fuel natural gas or propane vehicle. The value of the tax credit is 35% of the vehicle purchase price or 50% of the vehicle conversion cost, up to $7,500 for vehicles with a gross vehicle weight rating (GVWR) up to 26,000 pounds (lbs.) and up to $25,000 for vehicles with a GVWR greater than or equal to 26,000 lbs. This tax credit expires December 31, 2017. (Reference West Virginia Code 11-6D)

Alternative Fueling Infrastructure Tax Credit

An income tax credit is available to eligible taxpayers who construct or purchase and install qualified alternative fueling infrastructure. The tax credit is 50% of the total allowable costs associated with construction or purchase and installation of the equipment, up to $250,000. If the infrastructure is accessible for public use, the credit allowed will be multiplied by 1.25 and the maximum amount will be $312,500, so long as the amount of the credit allowed does not exceed the cost of construction. The maximum tax credit will decrease to 20% of the total allowable costs associated with the fueling infrastructure, up to $400,000 per facility, on January 1, 2014. For the purpose of this tax credit, qualified alternative fuels include natural gas and propane. This tax credit expires December 31, 2017. (Reference West Virginia Code 11-6D)

Alternative Fuel School Bus Incentive

Any county that uses compressed natural gas (CNG) for the operation of any portion of its school bus fleet is eligible for a 10% reimbursement from the West Virginia Department of Education to help offset the cost of maintenance, operation, and other costs incurred from using those CNG school buses. Counties receiving this reimbursement that also use biodiesel school buses may receive an additional 10% reimbursement to help offset the cost of maintenance, operation, and other costs incurred from the biodiesel buses during the 2012-2013 school year. The biodiesel bus reimbursement will decrease by 2.5% per year for four consecutive years beginning with the 2014-2015 school year. Any county qualifying for this allowance must submit a plan that includes the future use of the alternatively fueled school buses to the Department of Education. (Reference West Virginia Code 18-9A-7)

Point of Contact
Mike Pickens
Executive Director
West Virginia Department of Education, Office of School Transportation
Phone: 304-558-2711
mepickwn@access.k12.wv.us

Idle Reduction Weight Exemption

Any motor vehicle equipped with qualified idle reduction technology may exceed the state gross and axle weight limits by up to 550 pounds, as provided under Title 23 U.S. Code, section 127(a)(12), to compensate for the added weight of the idle reduction technology. (Reference West Virginia Code 17C-13A-4)

Laws and Regulations

Alternative Fuel Production Subsidy Prohibition

Incentives or subsidies from political subdivisions for the production of alternative fuels are prohibited by law, with exceptions for certain coal-based liquid fuels. (Reference West Virginia Code 8-27A-3 and 11-13D-3D)

Alternative Fuels Tax

Alternative fuels are subject to an excise tax at a rate of $0.205 per gasoline gallon equivalent, with a variable component equal to at least 5% of the average wholesale price of the fuel. (Reference West Virginia Code 111-14C-2, 11-14C-5, 11-14C-6a, 11-15A-13a, and 11-15-18b)

Natural Gas Vehicle (NGV) and Infrastructure Initiative

The West Virginia Natural Gas Vehicle Task Force was established to perform a cost-benefit analysis of NGVs; research and analyze the potential for the state to operate pilot public access natural gas fueling stations; communicate with executive agencies in states that are in the process of transitioning their fleets to natural gas and encourage infrastructure development; explore partnerships with the natural gas industry; examine options for modernizing the state motor fuel excise tax related to natural gas; and develop a communications strategy to educate citizens about the economic, environmental, and safety benefits of operating NGVs. For the Task Force's final recommendations regarding NGVs and infrastructure in West Virginia, see the Natural Gas Vehicle Task Force Report. (Reference Executive Order 10, 2012)

Idle Reduction Requirement

A commercial motor vehicle with a gross vehicle weight rating of 10,001 pounds or more may not idle for more than 15 minutes in any 60-minute period. Exceptions apply, including those pertaining to emergency vehicles, auxiliary power unit use, and outside temperature. Additionally, exemptions apply to diesel vehicles with a label issued by the California Air Resources Board and diesel vehicles powered by clean diesel technology or biodiesel. (Reference West Virginia Code 17C-13A-1 through 17C-13A-3)

Provision for Establishment of Alternative Fuel Vehicle (AFV) Acquisition Requirements

The West Virginia Department of Administration (Department) may require that up to 75% of a state agency's fleet consist of AFVs. To meet these requirements, agencies may purchase or lease AFVs or convert existing vehicles to operate using alternative fuels. The Department may waive this requirement if an agency's vehicles are operating in an area where the agency cannot reasonably establish a central alternative fueling station or the lifetime cost of the vehicle or fueling infrastructure is significantly higher as compared to conventional vehicles or fuels. This requirement does not apply to law enforcement, emergency, public transit authority, state rail authority, non-road vehicles, or school buses. (Reference West Virginia Code 5A-2A-1 and 5A-2A-2)

Alternative Fuel Use Requirement

West Virginia higher education governing boards must use alternative fuels to the maximum extent feasible. (Reference West Virginia Code 18B-5-9)

Low-Speed Vehicle Access to Roadways

Low-speed vehicles may only operate on private and public roads and streets where the speed limit is up to 25 miles per hour. All low-speed vehicles must comply with federal safety standards established in Title 49 of the Code of Federal Regulations, section 571.500. Any person operating a low-speed vehicle must hold a valid driver's license. (Reference West Virginia Code 17A-3-2)