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OLR Bill Analysis
sSB 4
AN ACT CONCERNING THE CONNECTICUT CLEAN AIR ACT.
TABLE OF CONTENTS:
SUMMARY
§ 1 — STATE FLEET ELECTRIFICATION
Modifies the schedule for electrifying the state fleet, prohibits procurement of diesel-
powered buses after January 1, 2024, and requires DOT and DAS to report certain
information to the legislature
§§ 2 & 3 — RIGHT TO CHARGE IN CONDOMINIUMS AND COMMON
INTEREST COMMUNITIES
Establishes “right to charge” in condominiums and common interest communities by
voiding provisions in governing documents that unreasonably restrict EV charging
installation in a unit or limited common element parking space; establishes requirements
for processing applications and provisions applicable to charging station installation
§ 4 — RENTERS’ RIGHT TO CHARGE
Generally requires landlords of dwelling units to approve a tenant’s written request to
install an EV charging station at the tenant’s dedicated parking space and specifies the
contents and terms of the written request and the landlord-tenant agreement
§ 5 — EV CHARGING REQUIREMENTS IN NEW CONSTRUCTION
Requires a certain percentage of parking spaces in certain new construction to be equipped
with either EV charging stations or charging station infrastructure
§ 6 — PROPERTY TAX EXEMPTIONS
Exempts from property taxes certain EV charging stations, fuel cell vehicle refueling
equipment, and zero-emission buses
§§ 7 & 11 — CHEAPR PROGRAM AND GHG REDUCTION FEE
Makes numerous changes to the CHEAPR program, including making the CHEAPR
board advisory-only, modifying the board’s membership, giving priority to low-income
individuals and residents of environmental justice communities, and extending eligibility
to businesses, municipalities, nonprofits, and e-bikes; directs the entirety of the GHG
reduction fee to the CHEAPR program
§§ 8 & 20 — EV REGISTRATION FEE
Eliminates the reduced registration fee for electric vehicles
§§ 9 & 10 — CLEAN AIR ACT (CAA) FEE
Requires that CAA fee revenue be placed in dedicated accounts within the General Fund
and the Special Transportation Fund and used for clean air and clean transportation
expenses 2022SB-00004-R000406-BA.DOCX
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§§ 12 & 13 — TRAFFIC SIGNAL GRANT PROGRAM
Requires DOT to establish a matching grant program to help municipalities modernize
existing traffic signal equipment and authorizes $75,000,000 in bonds to fund it
§§ 14 & 19 — MEDIUM AND HEAVY -DUTY TRUCK VOUCHERS
Allows DEEP to establish a voucher program to support the deployment of zero-emission
medium- and heavy- duty vehicles and appropriates $15 million to fund the program
§§ 15-17 — ZERO EMISSION SCHOOL BUSES
Allows for 10-year school transportation contracts if the contract includes at least one
zero-emission bus, sets targets for converting school buses to zero-emission vehicles, and
establishes a matching grant program for zero-emission school buses and charging
infrastructure
§ 18 — STATE CARBON BUDGET
Requires DOT, in consultation with DEEP, to adopt a transportation carbon budget and
adopt implementing regulations to ensure that transportation projects adhere to the
budget
BACKGROUND
SUMMARY
This bill makes various changes in existing law and establishes
several new programs and initiatives concerning electric vehicle (EV)
use and improving air quality by reducing transportation-related
greenhouse gas (GHG) emissions. Major components include:
1. establishing grant programs for traffic signal modernization,
zero emission school buses, and zero-emission medium- and
heavy-duty trucks;
2. requiring the Department of Transportation (DOT) to establish a
carbon budget for the transportation sector;
3. providing property tax exemptions for zero-emission buses and
certain EV charging infrastructure;
4. modifying the Connecticut Hydrogen and Electric Automobile
Purchase Rebate (CHEAPR) program, including by expanding
eligibility, giving priority for incentives to people with low
incomes and environmental justice community residents,
allowing incentives for electric bicycles, and increasing its
funding; and 2022SB-00004-R000406-BA.DOCX
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5. establishing “right to charge” provisions for renters and unit
owners in condominiums and common interest communities.
EFFECTIVE DATE: July 1, 2022, unless otherwise noted below.
§ 1 — STATE FLEET ELECTRIFICATION
Modifies the schedule for electrifying the state fleet, prohibits procurement of diesel-
powered buses after January 1, 2024, and requires DOT and DAS to report certain
information to the legislature
Cars and Light Duty Trucks
Current law requires that, beginning January 1, 2030, at least 50% of
state-purchased or -leased cars and light duty trucks be zero-emission
vehicles. The bill eliminates this requirement and instead requires the
state to acquire cars and light duty trucks that are battery electric
vehicles on the following schedule: (1) 50% by January 1, 2026, (2) 75%
by January 1, 2028, and (3) 100% by January 1, 2030.
Under the bill, a “battery electric vehicle” is a vehicle that operates
solely by use of a battery or battery pack, or that is powered primarily
by an electric battery or battery pack and uses a flywheel or capacitor
that stores energy produced by an electric motor or through
regenerative braking to assist in vehicle operation.
The bill also requires the Department of Administrative Services
(DAS) to consider the lower cost of maintaining battery electric vehicles
when establishing the amount to lease the vehicles to another state
agency.
Report on Noncompliance. Under the bill, if the state fleet does not
meet the above requirements, DAS must report to the Government
Administration and Elections (GAE), Transportation, and Environment
committees to (1) explain why the requirements were not met and (2)
propose an alternative schedule to meet them, considering available
funds and market conditions for battery electric vehicles and associated
charging infrastructure. This report must be submitted annually starting
January 1, 2026.
Buses 2022SB-00004-R000406-BA.DOCX
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Existing law requires that, starting January 1, 2030, at least 30% of
state-purchased or -leased buses be zero-emission buses. Beginning
January 1, 2024, the bill also prohibits the state from procuring,
purchasing, or leasing diesel-fueled transit buses.
A “zero-emission bus” is an urban bus certified by the California Air
Resources Board’s executive director as producing zero emissions of
any criteria pollutant under all operational modes and conditions.
Exemptions
The bill’s fleet requirements to not apply to emergency vehicles, sport
utility vehicles, buses or vans that transport individuals in wheelchairs,
specialty upfitted motor vehicles, or camp trailers.
Study and Reporting
Existing law requires DAS, in consultation with DOT, to conduct a
study and report certain information about zero-emission buses to the
GAE and Transportation committees.
The bill adds two components to this study by requiring the agencies
to (1) develop a plan to implement zero-emission buses statewide and
(2) identify barriers to implementation. It also eliminates the current
requirement that the agencies study the feasibility of a competitive bid
process for total procurement of zero-emission vehicles and instead
requires that they also do so for light, medium, and heavy-duty battery
electric vehicles and fuel cell electric vehicles. Under the bill, DAS must
report the study’s results and a copy of the implementation plan to the
committees by January 1, 2024.
EFFECTIVE DATE: October 1, 2022
§§ 2 & 3 — RIGHT TO CHARGE IN CONDOMINIUMS AND COMMON
INTEREST COMMUNITIES
Establishes “right to charge” in condominiums and common interest communities by
voiding governing document provisions that unreasonably restrict EV charging
installation in a unit or limited common element parking space; establishes requirements
for processing applications and provisions applicable to charging station installation
The bill establishes “right to charge” provisions for unit owners in
condominiums (§ 2) and common interest communities (§ 3). Beginning 2022SB-00004-R000406-BA.DOCX
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October 1, 2022, the bill makes void and unenforceable any provision in
declarations, bylaws, rules, or condominium instruments, as applicable
(“governing documents”), that prohibit or unreasonably restrict EV
charging station installation in a unit or limited common element
parking space.
An EV charging station is an electric component assembly or cluster
of component assemblies designed specifically to charge batteries in
EVs by permitting the transfer of electric energy to a battery or other
storage device. Limited common elements are portions of the
condominium or common interest community designated as reserved
for the use of one or more units, but not all units.
Under the bill, EV charging stations in condominiums and common
interest communities must meet all applicable health and safety
standards and requirements under federal, state, or municipal law.
Exceptions
The bill’s right to charge provisions do not apply to condominiums
and common interest communities that (1) impose “reasonable
restrictions” on EV charging stations or (2) have EV charging stations in
a number that is at least equal to 15% of the units. Reasonable
restrictions are those that do not significantly increase an EV charging
station’s cost or decrease its efficiency or specified performance.
Application Processing
Under the bill, unit owners may apply to install an EV charging
station to the applicable governing body (board of directors or executive
board). The governing body must (1) acknowledge, in writing, the
application within 30 days after receiving it and (2) approve or deny an
application, in writing, within 60 days after receiving it. The governing
body must process the application in the same way as the governing
documents require for other additions, alterations, or improvements.
Under the bill, unless the governing body reasonably requests
additional information within the 60-day period for acting on an
application, an application that is not denied in that timeframe is 2022SB-00004-R000406-BA.DOCX
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deemed approved.
Conditions for Approval
Under the bill, the governing body may approve an EV charging
installation if the owner agrees in writing to:
1. comply with provisions in the governing documents regarding
an addition, alteration, or improvement;
2. have a licensed and insured contractor install the charging
station;
3. if the station is located in a unit parking space, provide a
certificate of insurance within 14 days after approval naming the
association as an additional insured under the owner’s insurance
policy;
4. pay for the charging station’s installation associated costs (e.g.,
increased master policy premiums, association attorney’s fees,
engineering or professional fees, permits, and applicable zoning
compliance); and
5. connect the electricity to the unit’s individual meter or install a
separate meter to identify and pay for the charging station’s
electricity usage.
Unit Owner Responsibilities
The bill makes the unit owner, and each successive owner, of the EV
charging station responsible for the following:
1. costs for damage to the EV charging station, common elements,
or units due to the EV charging station’s installation, use,
maintenance, repair, removal, or replacement;
2. costs to maintain, repair, and replace the EV charging station
until its removal;
3. costs to restore the physical space where the charging station was
installed after its removal; 2022SB-00004-R000406-BA.DOCX
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4. associated electricity costs;
5. common expenses from uninsured losses under any master
insurance policy the association holds on behalf of unit owners;
and
6. disclosing to prospective buyers (a) the charging station’s
existence, (b) the associated responsibilities, and (c) that the
purchaser accepts the charging station unless it is removed before
the unit’s transfer.
The bill also specifies that a unit owner is not required to maintain
liability coverage for an existing National Electrical Manufacturers
Association standard alternating current power plug.
Permitted Association Actions
The bill specifically authorizes associations to do the following:
1. install an EV charging station in the common elements to be used
by all unit owners if it develops appropriate rules for the station’s
use,
2. create a new parking space where one did not previously exist to
facilitate installing an EV charging station, and
3. require the unit owner to remove the EV charging station before
the unit’s sale unless the purchaser agrees to take ownership of
the station.
Attorney’s Fees
The bill specifies that the prevailing party must be awarded
reasonable attorney’s fees in any action by an association seeking to
enforce compliance with the bill.
EFFECTIVE DATE: October 1, 2022
§ 4 — RENTERS’ RIGHT TO CHARGE
Generally requires landlords of dwelling units to approve a tenant’s written request to
install an EV charging station at the tenant’s dedicated parking space and specifies the
contents and terms of the written request and the landlord-tenant agreement 2022SB-00004-R000406-BA.DOCX
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The bill generally requires landlords of dwelling units to approve a
tenant’s written request to install an EV charging station (see above) at
the tenant’s dedicated parking space if the request (1) meets the bill’s
requirements and (2) complies with the landlord’s procedural approval
process for property modifications. This requirement applies to rental
agreements executed, extended, or renewed on or after October 1, 2022.
Under the bill, a “dedicated parking space” is a parking space located
within a lessee’s separate interest or a parking spot that is a common
area, but subject to an individual lessee’s exclusive use rights. It includes
a garage space, carport, or parking space that is specifically designated
for the lessee’s use. A “dwelling unit” is any house or building, or part
of one, that is occupied or designed to be occupied, or is rented, leased,
or hired out to be occupied as a residence.
The bill specifies that landlords (1) are not obligated to provide an
additional parking space to a tenant to accommodate an EV charging
station and (2) may charge a monthly rent for a parking space if the EV
charging station has the effect of providing the tenant with a reserved
space.
Under the bill, an EV charging station, and all property modifications
and improvements, must comply with applicable state, federal, or
municipal laws and zoning requirements, land use requirements,
covenants, conditions, and restrictions.
Exceptions
The bill’s requirements do not apply to residential rental property
where:
1. the dwelling unit has EV charging stations for tenants’ use in at
least 10% of designated parking spaces;
2. parking is not provided as part of the rental agreement;
3. there are fewer than five parking spaces;
4. the property’s development is assisted by an allocation of Low 2022SB-00004-R000406-BA.DOCX
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Income Housing Tax Credits under federal tax law; or
5. the property is managed by a housing authority created under
state law.
Request and Agreement
Under the bill, a tenant’s written request to install an EV charging
station must indicate his or her consent to enter into a written agreement
with the landlord that includes provisions on the following:
1. installing, using, maintaining, and removing the EV charging
station and its infrastructure;
2. permission for the landlord to withhold all or part of a security
deposit at the end of a tenancy for any damages the landlord
suffers if the tenant fails to comply with the landlord’s
requirements on maintaining and removing the EV charging
station and its infrastructure;
3. a complete financial analysis and scope of work regarding the EV
charging station and its infrastructure;
4. payment to the landlord for any costs associated with the
landlord’s installation of the EV charging station and its
infrastructure before any modification or improvement to the
rental property (e.g., permitting, supervision, construction costs,
performance bonds);
5. payment, as part of rent, for the landlord’s incurred costs
associated with the electric usage of the EV charging station and
costs for damage, maintenance, repair, removal, and replacement
of the EV charging station (including changes or improvements
to the rental property);
6. maintaining a general liability insurance policy that covers the
EV charging station and names the landlord as an additional
insured, beginning on the date of construction approval and until
the tenant forfeits possession of the unit to the landlord; and 2022SB-00004-R000406-BA.DOCX
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7. a requirement that the tenant (a) post a surety bond in an amount
equal to the cost of removing the EV charging station or (b) agree
to designate the station as a fixture of the rental property if the
tenant does not remove it upon the lease’s termination.
EFFECTIVE DATE: October 1, 2022
§ 5 — NEW CONSTRUCTION EV CHARGING REQUIREMENTS
Requires a certain percentage of parking spaces in certain new construction to be equipped
with either EV charging stations or charging station infrastructure
Under the bill, DAS must require that each new construction of a state
facility and “school building project” (see BACKGROUND) be installed
with level two EV charging stations in at least 20% of parking spaces
designated for cars or light-duty trucks.
The bill also requires municipalities to require that each new
construction of a commercial building or multi-unit residential building
with 30 or more parking spaces be equipped with EV charging
infrastructure in at least 10% of parking spaces. Municipalities may,
through their legislative bodies, require these buildings to have
charging infrastructure in a higher percentage of spaces. The charging
infrastructure must be capable of supporting level two EV charging
stations or higher.
Under the bill, a “level two EV charging station” is an electric
component assembly or cluster of component assemblies designed
specifically to supply electricity to battery electric vehicles at 240 volts
and up to 80 amperes.
EFFECTIVE DATE: October 1, 2022
§ 6 — PROPERTY TAX EXEMPTIONS
Exempts from property taxes certain EV charging stations, fuel cell vehicle refueling
equipment, and zero-emission buses
The bill exempts from property tax (1) level two EV charging stations
(see § 5) located on commercial or industrial property, (2) EV charging
stations located on residential property, (3) refueling equipment for fuel
cell electric vehicles, and (4) zero-emission buses (see § 1). 2022SB-00004-R000406-BA.DOCX
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EFFECTIVE DATE: October 1, 2022, and applicable to assessment
years starting on or after that date.
§§ 7 & 11 — CHEAPR PROGRA M AND GHG REDUCTION FEE
Makes numerous changes to the CHEAPR program, including making the CHEAPR
board advisory-only, modifying the board’s membership, giving priority to low-income
individuals and residents of environmental justice communities, and extending eligibility
to businesses, municipalities, nonprofits, and e-bikes; directs all of the GHG reduction fee
to the CHEAPR program
The bill makes numerous changes to the CHEAPR program, some of
which correspond to agency practice. Under current law, the CHEAPR
board is responsible for the program’s administration. The bill (1)
requires DEEP to administer the program; (2) makes the CHEAPR board
advisory, responsible for advising the DEEP commissioner on priorities
for allocating, distributing, and using CHEAPR funds; and (3)
eliminates the program’s sunset date (December 31, 2025), thereby
making the program permanent.
The bill modifies the program parameters for the vehicle rebates and
adds a component for electric bicycles (e-bikes). For both components,
the bill allows the program to offer rebates or vouchers (“incentives”).
The bill also increases program funding by transferring the entirety
of the greenhouse gas reduction fee to the CHEAPR account to be used
for the program. Current law transfers only the first $3 million collected
from the fee, with the remainder going to the General Fund. By law, the
fee is (1) $15 for the registration of a new vehicle and (2) generally $7.50
for new registrations and registration renewals.
Advisory Board
The bill modifies the CHEAPR board’s membership. First, it adds the
Public Utilities Regulatory Authority chairperson, or her designee, as an
ex-officio member. As under existing law, the other ex-officio members
are the DEEP commissioner, the consumer protection commissioner,
and the Green Bank president (or their designees).
The bill also (1) increases the number of appointed members from six
to 10 by adding appointments for the Transportation Committee leaders
and (2) specifies qualifications for some existing members, as shown in 2022SB-00004-R000406-BA.DOCX
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Table 1.
Table 1: CHEAPR Board Appointing Authorities and Qualifications
Appointing Authority Qualification
House speaker* Representative of an environmental organization
knowledgeable in EV policy*
Senate president pro tempore* Representative of an association representing EV
manufacturers
House majority leader* Representative of an organization representing an
environmental justice community*
Senate majority leader* Representative of an automotive retailers’ association*
House minority leader* Representative of an EV consumer association
Senate minority leader* None specified*
Transportation Committee
House chairperson
Representative of an organization promoting walking or
bicycling
Transportation Committee
Senate chairperson
None specified
Transportation Committee
House ranking member
Owner or manager of bicycle sale or repair business
Transportation Committee
Senate ranking member
None specified
*Existing appointment/qualification
The bill allows the advisory board to establish rules governing its
internal procedures.
Vehicle Incentive Component
Eligible Vehicles. Under the bill, the CHEAPR program provides
incentives to state residents who purchase battery electric vehicles
(BEVs), plug-in hybrid electric vehicles (PHEVs), or fuel cell electric
vehicles (FCEVs). The bill makes hydrogen vehicles ineligible for
incentives. This conforms to current program practice.
Additionally, the bill sets the maximum base manufacturer’s
suggested retail price (MSRP) for a vehicle to be eligible for an incentive
at $50,000, which applies from July 1, 2022, to June 30, 2027. Current law
does not impose an MSRP cap, but under current program practice, the
MSRP cap is $42,000 for BEVs and PHEVs and $60,000 for FCEVs. 2022SB-00004-R000406-BA.DOCX
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Eligible Entities. Under current law, only individuals qualify for
incentives through CHEAPR. The bill extends eligibility for incentives
to in-state municipalities, businesses, nonprofits, and tribal entities. It
limits these entities to 10 incentives per year, within available funds, and
20 incentives total. But it allows DEEP to issue additional incentives to
eligible businesses or nonprofits that operate fleets exclusively in
environmental justice communities (see BACKGROUND).
Incentive Amounts and Income Eligibility. The bill generally
makes DEEP responsible for establishing and revising incentive
amounts, with the advisory board’s advice, but requires the rebate for
residents of environmental justice communities to be at least $5,000.
Under current law, the board establishes rebate amounts.
The bill requires the DEEP commissioner to prioritize granting
incentives to residents (1) of environmental justice communities; (2)
with household incomes at or below 300% of the federal poverty level;
or (3) who participate in state and federal assistance programs such as
the Supplemental Nutrition Assistance Program, Low Income Home
Energy Assistance Program, Head Start, and Operation Fuel. Under
current agency practice, participants in certain income-qualified
programs are eligible for higher rebates.
E-Bike Incentive Component
The bill requires the DEEP commissioner to provide incentives
through the CHEAPR program for state residents to purchase e-bikes.
As with the vehicle component, the commissioner is generally
responsible for determining incentive amounts, except that the incentive
must be at least $500. The bill also requires DEEP, in consultation with
the advisory board, to determine the maximum income eligibility for e-
bike incentives.
The e-bike component must be designed to maximize air quality
benefits associated with e-bike use and prioritize granting incentives to
residents (1) of environmental justice communities; (2) with household
incomes at or below 300% of the federal poverty level; or (3) who
participate in state and federal assistance programs such as the 2022SB-00004-R000406-BA.DOCX
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Supplemental Nutrition Assistance Program, Low Income Home
Energy Assistance Program, Head Start, and Operation Fuel.
Under the bill, from July 1, 2022, to June 30, 2027, an e-bike must have
a base MSRP of $3,000 or less to be eligible for a program incentive.
Reporting
The bill requires DEEP, rather than the CHEAPR board, to annually
evaluate the program. It also requires that DEEP report annually,
starting by June 20, 2024, to the Transportation and Environment
committees on the program’s status and effectiveness. The report must
include information on program participation and the environmental
benefits accruing to environmental justice communities and
communities overburdened by air pollution.
Outreach and Marketing
Under the bill, DEEP must conduct outreach programs and
implement a marketing campaign to promote CHEAPR.
EFFECTIVE DATE: Upon passage for the changes to the CHEAPR
program.
§§ 8 & 20 — EV REGISTRATION FEE
Eliminates the reduced registration fee for electric vehicles
The bill eliminates the reduced registration fee for EVs ($57 for a
triennial period) and instead subjects them to the same registration fee
that applies to other passenger motor vehicles (e.g., $120 for triennial
period).
§§ 9 & 10 — CLEAN AIR ACT (CAA) FEE
Requires CAA fee revenue to be placed in dedicated accounts within the General Fund and
the Special Transportation Fund and used for clean air and clean transportation expenses
Current law requires that federal CAA fees (see BACKGROUND)
collected on motor vehicle registrations be split between the General
Fund (42.5%) and the Special Transportation Fund (STF) (57.5%) and
does not dedicate these fees to any specific purpose.
The bill keeps the fee division, but instead directs the revenue to 2022SB-00004-R000406-BA.DOCX
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dedicated accounts, specifically the (1) federal clean air act (CCA)
account in the General Fund and (2) reduce transportation-related
greenhouse gases (GHG) account in the STF. The bill establishes these
accounts as nonlapsing accounts within the respective funds and
requires all money the law directs to the accounts to be deposited in
them.
Under the bill, funds in the federal CAA account must be spent by
DEEP, in consultation with DOT, to implement federal CAA
requirements, improve air quality, and reduce carbon emissions. Funds
in the reduce transportation-related GHG account must be spent by the
DOT commissioner on transportation-related expenditures to reduce
transportation-related GHG.
§§ 12 & 13 — TRAFFIC SIGNAL GRANT PROGRAM
Requires DOT to establish a matching grant program to help municipalities modernize
existing traffic signal equipment and authorizes $75 million in bonds for that purpose
The bill requires DOT to establish a matching grant program to help
municipalities modernize existing traffic signal equipment and
operations to make them (1) capable of using transit signal priority, (2)
responsive to congestion, and (3) reduce idling. It authorizes $75 million
in general obligation (GO) bonds for the program, which are subject to
standard statutory bond issuance procedures and repayment
requirements.
Under the bill, applications must be submitted annually to the DOT
commissioner when, and in the way, he requires. The commissioner
must (1) develop eligibility criteria for program participation, (2)
determine the matching amount required, (3) give preference to
applications submitted by two or more municipalities, and (4) establish
incentives for regional projects.
EFFECTIVE DATE: The provision requiring DOT to establish the
program is effective upon passage.
§§ 14 & 19 — MEDIUM AND HEAVY -DUTY TRUCK VOUCHERS
Allows DEEP to establish a voucher program to support the use of zero-emission medium-
and heavy- duty vehicles and appropriates $15 million to fund the program 2022SB-00004-R000406-BA.DOCX
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Beginning January 1, 2023, the bill allows DEEP, within available
funds, to establish a voucher program to support the use of zero-
emission (1) vehicles within class 5 to class 13 of the Federal Highway
Administration’s (FHWA) vehicle category classification system (see
BACKGROUND) and (2) school buses within class 3 to class 8 of the
system. The DEEP commissioner must consult with the education,
motor vehicles, and transportation commissioners in establishing the
program.
The bill also establishes a medium and heavy-duty vehicle voucher
account as a separate, nonlapsing General Fund account. It appropriates
$15 million to the account in FY 23. The account must contain any money
the law requires be deposited into it, and its funds must be used by
DEEP for the voucher program.
Under the bill, eligible technology for vouchers includes battery
electric and fuel cell systems and electric vehicle charging infrastructure.
Vouchers may not be awarded for vehicle classes where there is no
commercially available zero-emission technology. DEEP must set aside
40% of available funding to maximize air pollution reduction in
environmental justice communities (see BACKGROUND).
EFFECTIVE DATE: The provision requiring DEEP to establish the
program and creating the account is effective upon passage.
§§ 15-17 — ZERO-EMISSION SCHOOL BUSES
Allows for 10-year school transportation contracts if the contract includes at least one
zero-emission bus, sets targets for converting school buses to zero-emission buses, and
establishes a matching grant program for zero-emission school buses and charging
infrastructure
School Bus Contracts
Under current law, local and regional boards of education may enter
into contracts for student transportation for a maximum term of five
years. The bill allows them to have contracts with up to ten-year terms
if the contract includes transportation provided by at least one school
bus that is a zero-emission bus. (A “zero-emission bus” is an urban bus
certified by the California Air Resources Board’s executive director as
producing zero emissions of any criteria pollutant under all operational 2022SB-00004-R000406-BA.DOCX
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modes and conditions.)
Transition to Zero-Emission School Buses
The bill requires that all school buses be zero-emission buses by (1)
January 1, 2030, in school districts in environmental justice communities
(see BACKGROUND) and (2) January 1, 2035, in the remaining districts.
Grant Program
The bill requires DEEP to establish and administer a grant program
to provide matching funds necessary for municipalities, school districts,
and school bus operators to submit federal grant applications and
maximize federal funding to buy or lease zero-emission buses and EV
charging infrastructure. It authorizes $20 million in GO bonds to fund
the program, which are subject to standard statutory bond issuance
procedures and repayment requirements.
Applications must be filed when and how the commissioner
determines, and DEEP must determine the matching amount that
applicants must provide. The bill requires DEEP to give preference to
applications to purchase or lease zero-emission buses that will operate
primarily in an environmental justice community.
Technical Assistance
The bill requires DEEP, within available appropriations, to provide
administrative and technical assistance to municipalities, school
districts, and school bus operators that apply for federal grants for zero-
emission buses and EV charging infrastructure.
EFFECTIVE DATE: The provision on school bus contracts is effective
October 1, 2022.
§ 18 — STATE CARBON BUDGET
Requires DOT, in consultation with DEEP, to annually establish a transportation carbon
budget and adopt implementing regulations to ensure that transportation projects adhere
to the budget
Starting by July 1, 2024, the bill requires DOT, in consultation with
DEEP, to annually establish a transportation carbon budget for the state
that sets the maximum amount of GHG emissions permitted from the 2022SB-00004-R000406-BA.DOCX
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transportation sector. When setting the budget, the agencies must
consider the state’s long-term emissions reductions required under
existing law.
Under the bill, DOT must adopt regulations to ensure state, regional,
and municipal transportation projects adhere to the carbon budget. The
regulations must include:
1. a definition of “transportation project” that excludes projects
necessary for maintenance or safety;
2. a methodology to calculate the GHG emissions expected from
future projects;
3. ways to offset the emissions for projects estimated to increase net
emissions by undertaking GHG mitigation transportation
projects that will reduce emissions; and
4. a description of the GHG mitigation projects, such as public
transportation improvement, bikeway, walkway, or other trail or
path construction, and EV charging installation.
DOT must, in consultation with DEEP, implement a public outreach
plan to sufficiently engage the public and stakeholders in developing
the carbon budget and associated regulations. The DOT commissioner
must submit the regulations to the Regulations Review Committee by
July 1, 2024.
Starting by February 1, 2025, DOT must annually submit to the
Transportation and Environment committees a (1) copy of the
transportation carbon budget and (2) description of the public outreach
conducted and its results.
EFFECTIVE DATE: October 1, 2022
BACKGROUND
School Building Project
By law, a “school building project” includes the following: 2022SB-00004-R000406-BA.DOCX
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1. construction, purchase, extension, replacement, renovation, or
major alteration of a building to be used for public school
purposes, including equipping and furnishing the construction,
purchase, extension, replacement, renovation or major alteration,
the improvement of land, or the improvement of the site of an
existing building for public school purposes;
2. construction, including equipping and furnishing construction,
of any building which the towns of Norwich, Winchester, and
Woodstock may provide by lease or otherwise for use by the
Norwich Free Academy, Gilbert School, and Woodstock
Academy, respectively, to provide education for public school
students; and
3. addition to, renovation of, and associated equipping and
furnishing, of any building which may be leased, upon the
approval of the education and DAS commissioners, to any local
or regional board of education for a term of twenty years or more
to provide education for public school students (CGS § 10-282).
Environmental Justice Communities
By law, an “environmental justice community” is (a) any U.S. census
block group, as determined by the most recent census, for which at least
30% of the population consists of low-income people who are not
institutionalized and have an income below 200% of the federal poverty
level or (b) a distressed municipality (CGS § 22a-20a).
The Department of Economic and Community Development
annually designates distressed municipalities, based on high
unemployment and poverty, aging housing stock, and low or declining
rates of job, population, and per capita income growth (CGS § 32-9p).
The current (2021) distressed municipalities are Ansonia, Bridgeport,
Chaplin, Derby, East Hartford, East Haven, Griswold, Groton, Hartford,
Meriden, Montville, New Britain, New London, Norwich, Plainfield,
Putnam, Sprague, Sterling, Stratford, Torrington, Voluntown,
Waterbury, West Haven, Winchester, and Windham. 2022SB-00004-R000406-BA.DOCX
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Towns with current designated census blocks (that are not also
distressed municipalities) are Barkhamsted, Bethel, Bloomfield,
Branford, Bristol, Brooklyn, Clinton, Colchester, Cromwell, Danbury,
East Hampton, East Lyme, Ellington, Enfield, Essex, Fairfield,
Farmington, Greenwich, Haddam, Hamden, Killingly, Killingworth,
Ledyard, Manchester, Mansfield, Marlborough, Middletown, Milford,
Naugatuck, New Fairfield, New Haven, New Milford, North Canaan,
North Stonington, Norwalk, Old Saybrook, Plainville, Portland,
Preston, Ridgefield, Rocky Hill, Sharon, Shelton, Simsbury, Southbury,
Southington, Stafford, Stamford, Stonington, Thomaston, Thompson,
Vernon, Wallingford, Waterford, W atertown, West Hartford,
Westbrook, Wethersfield, Willington, Windsor Locks, and Windsor.
CAA Fees on Motor Vehicle Registrations
State law requires the Department of Motor Vehicles to collect the
CAA fee on new registrations and renewals and sets the fee at $15 for a
triennial registration period (proportionately reduced for other
registration lengths). By law, the CAA fee does not apply to motor
vehicles that are electrically powered, not self-propelled, or exempt
from a registration fee (CGS § 14-49b(a)).
FHWA Vehicle Category Classification System
The FHWA vehicle category classification systems sorts vehicles into
different classes based on their characteristics, as shown in the table
below.
Class Vehicles Class Vehicles
1 Motorcycles 8 Single trailer, 3- or 4-axle trucks
2 Passenger cars 9 Single trailer, 5-axle trucks
3 Pickups, panels, and vans 10 Single trailer, 6+ axle trucks
4 Buses 11 Multi-trailer, 5 or fewer axle trucks
5 Single unit, 2-axle trucks 12 Multi-trailer, 6-axle trucks
6 Single unit, 3-axle trucks 13 Multi-trailer, 7+ axle trucks
7 Single unit, 4+ axle trucks
Related Bill
HB 5381 (File 299), favorably reported by the Transportation
Committee, contains identical provisions directing the General Fund 2022SB-00004-R000406-BA.DOCX
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portion of the CAA to a dedicated account to be used for clean air
purposes.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 23 Nay 11 (03/24/2022)