| (a) The provisions of this division apply statewide
subject to the availability of funding.
(b) A purchase or lease of a new light-duty motor vehicle
is not eligible if it is required by any state or federal law, rule
or regulation, memorandum of agreement, or other legally binding document.
This subsection does not apply to:
(1) an otherwise qualified purchase or lease, regardless
of the fact that the state implementation plan assumes that the change
in vehicles will occur, if on the date the incentive is awarded the
change is not required by any state or federal law, rule or regulation,
memorandum of agreement, or other legally binding document; or
(2) the purchase or lease of a new light-duty motor
vehicle required only by local law or regulation or by corporate or
controlling board policy of a public or private entity.
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