1. I. The department of administrative services shall determine for each 2-year budget cycle the minimum number of miles required to justify retaining a state-owned vehicle referred to as the break-even mileage. The break-even miles shall take into account operational costs, depreciation, and mileage reimbursement rates for use of personal vehicles as follows:

   1. (a) Break-even mileage shall be calculated by summing average fixed and annual operating costs then dividing by the Internal Revenue Service reimbursement rate.
   2. (b) Fixed costs shall include the average purchase price minus the average resale price divided by the average useful life of the vehicle. Average annual operating costs shall include: oil changes, repairs, tires, gasoline, insurance, and other miscellaneous costs, if any.
2. II. The department of administrative services shall make this determination by September 1 of the first year of each biennium. The break-even mileage shall only apply to vehicles in service by an agency for an entire fiscal year.

3. III. If state-owned passenger vehicles are assigned to a state agency and such vehicles are not used for travel at or above the break-even mileage requirement during such year, the director of procurement and support services shall declare them surplus and transfer or otherwise dispose of such vehicle or vehicles. An agency may within 90 days after the end of the fiscal year apply to the fiscal committee of the general court to retain such vehicle or vehicles. If such agency presents a clear and convincing case for the continued assignment of a vehicle or vehicles to the agency, the fiscal committee may permit the agency to retain a vehicle or vehicles. In granting an agency the authority to retain such vehicle or vehicles, favorable consideration shall be given to the most fuel efficient use of the existing fleet. The director of procurement and support services shall either sell the vehicle or vehicles declared to be surplus, transfer them to a centralized state vehicle pool, or transfer them to any state agency having employees who travel more than the break-even mileage requirement as set by the department of administrative services and who are being reimbursed for travel in privately-owned vehicles. The term "agency" as used in this section includes a department, institution, board, division, and commission. The director of procurement and support services may develop measures to determine or improve fleet efficiency in addition to those set forth in this section. Such measures may be shared with the fiscal committee for their information and consideration.

   1. (a) "Light duty truck" shall mean any of the following which have a gross vehicle weight rating of up to 10,000 pounds: a passenger van seating up to 8 people, a pick-up truck, a sport utility vehicle, or a cargo van.

   2. (b) "Passenger vehicle" shall mean a passenger sedan or station wagon.

      III-b. The department of administrative services shall annually report to the fiscal committee of the general court all light duty trucks whose mileage is at or below the break-even mileage requirement during such year.

   III-a. In this section:

4. IV. All permanently assigned passenger vehicles shall be approved by the governor and council by September 30, 2009 or such vehicles shall be declared surplus and the director of plant and property management shall transfer the vehicle or vehicles to a centralized state vehicle pool.

5. V. The provisions of paragraph IV shall not apply to law enforcement vehicles with the exception of those vehicles assigned to staff personnel or to any vehicles acquired with 100 percent federal funds.

   V-a. State employees shall accurately report to their agency payroll personnel all personal use of any state-owned motor vehicle of any type, including but not limited to any commuting miles. The agency shall annually report all personal use of state-owned vehicles in that agency, as well as such other information regarding vehicles and vehicle usage, to the department of administrative services as directed by the department.

6. VI. The state website shall provide an Internet link allowing state employees and the general public to report abuse of a state vehicle.

Source. 2009, 134:1. 2010, 72:1-4, eff. July 18, 2010. 2014, 327:22, eff. Aug. 2, 2014.