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OLR Bill Analysis
sSB 4 (File 406, as amended by Senate “A”)*
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 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
§ 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, but staggers
implementation of the requirement based on the landlord’s number of units; specifies the
contents and terms of the written request and the landlord-tenant agreement
§§ 5 & 17 — NEW CONSTRUCTION E V 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
§ 6 — PROPERTY TAX EXEMPTIONS
Exempts from property taxes certain EV charging stations, fuel cell vehicle refueling
equipment, and zero-emission school buses
§§ 7, 10 & 18 — CHEAPR PROGRAM
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 greenhouse gas
reduction fee and part of Regional Greenhouse Gas Initiative funds to the CHEAPR
account
§§ 7, 12 & 13 — ZERO-EMISSION SCHOOL BUSES
Allows for 10-year school transportation contracts if the contract includes at least one
zero-emission school bus, sets targets for converting school buses to zero-emission school
buses, and establishes a matching grant program for zero-emission school buses and
charging infrastructure 2022SB-00004-R01-BA.DOCX
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§§ 7 & 14 — 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 funds the program from the CHEAPR account
§§ 8 & 19 — EV REGISTRATION FEE
Eliminates the reduced registration fee for electric vehicles
§ 9 — CLEAN AIR ACT (CAA) FEE
Requires the OPM secretary to annually report on (1) the amount of CAA fee revenue
collected and (2) state funds spent on implementing the CAA, improving air quality, and
reducing transportation sector GHG
§ 11 — TRAFFIC SIGNAL GRANT PROGRAM
Requires DOT to establish a matching grant program to help municipalities modernize
existing traffic signal equipment
§ 15 — MEDIUM- AND HEAVY-DUTY VEHICLE EMISSION
STANDARDS
Authorizes the DEEP commissioner to adopt regulations implementing California’s
medium- and heavy-duty motor vehicle standards
§ 16 — SOLAR PANELS IN PLANNED COMMUNITY ASSOCIATIONS
Prohibits planned community associations from adopting or enforcing rules that
effectively prohibit unit owners from installing solar panels on their own units’ roofs
BACKGROUND
SUMMARY
This bill makes various statutory changes 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. allowing the Department of Energy and Environmental
Protection (DEEP) commissioner to adopt California’s emission
standards for medium- and heavy-duty vehicles;
3. providing property tax exemptions for zero-emission buses and
certain EV charging infrastructure; 2022SB-00004-R01-BA.DOCX
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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
5. establishing “right to charge” provisions for renters and unit
owners in condominiums and common interest communities.
The bill also makes minor, technical, and conforming changes.
EFFECTIVE DATE: July 1, 2022, unless otherwise noted below.
*Senate Amendment “A” principally (1) eliminates the underlying
bill’s (a) requirement that DOT establish a state carbon budget and (b)
bonding authorizations for traffic signal and school bus matching grant
programs (see BACKGROUND, Related Bills); (2) adds the provisions on
medium- and heavy-duty truck emission standards and rooftop solar
panels in planned community associations; (3) staggers the
implementation of the renters’ right to charge provisions; (4) eliminates
the underlying bill’s provisions placing the Clean Air Act (CAA) fee into
dedicated accounts and instead requires the Office of Policy and
Management (OPM) to report on CAA - and air-quality-related
expenses; and (5) transfers funds from the Regional Greenhouse Gas
Initiative to the CHEAPR account and allows DEEP to use the account
to fund the medium- and heavy-duty vehicle voucher program.
§ 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% 2022SB-00004-R01-BA.DOCX
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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
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 2022SB-00004-R01-BA.DOCX
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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 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
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 2022SB-00004-R01-BA.DOCX
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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). If the parking space is located in a limited common element, the
unit owner must have written approval from each owner of each unit
that has reserved use of the limited common element parking space. 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
deemed approved.
Conditions for Approval
Under the bill, the governing body must 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. provide a certificate of insurance within 14 days after approval 2022SB-00004-R01-BA.DOCX
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that shows insurance coverage in amounts the board deems
sufficient;
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. 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;
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. 2022SB-00004-R01-BA.DOCX
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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 and develop 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;
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; and
4. assess the unit owner for any uninsured portion of a loss
associated with an EV charging station, from a deductible or
otherwise, regardless of whether the association submits an
insurance claim.
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, but staggers
implementation of the requirement based on the landlord’s number of units; specifies the
contents and terms of the written request and the landlord-tenant agreement
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. It specifies that landlords are not
obligated to provide an additional parking space to a tenant to
accommodate an EV charging station. 2022SB-00004-R01-BA.DOCX
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The bill phases in this installation approval requirement based on the
number of dwelling units a landlord has. Specifically, the requirement
applies to agreements executed, extended, or renewed on or after (1)
October 1, 2022, for landlords of 250 dwelling units or more, (2) October
1, 2023, for landlords of more than 50 but fewer than 250 units, and (3)
October 1, 2024, for landlords of 50 or fewer units.
Under the bill, a “dedicated parking space” is a parking space located
within a tenant’s separate interest or a parking spot that is a common
area, but subject to an individual tenant’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 also requires an EV charging station, and all property
modifications and improvements, to 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
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 2022SB-00004-R01-BA.DOCX
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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. a complete financial analysis and scope of work for installing the
EV charging station and its infrastructure;
3. 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);
4. payment 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);
5. if another tenant will use the EV charging station, a requirement
for the tenant who requested it to enter into a cooperative
agreement with the other tenant and the landlord about
electricity metering procedures and each party’s responsibilities
and duties (costs, including attorney’s fees, metering costs, and
other fees related to the agreement, are the tenants’
responsibility);
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;
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) allow
the landlord to withhold all or part of a security deposit when the
tenancy ends for any damages he or she suffers due to the 2022SB-00004-R01-BA.DOCX
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tenant’s failure to comply with the requirements for removing
the charging station and its infrastructure; and
8. a requirement for the tenant to 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 & 17 — 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, starting January 1, 2023, DAS must require that each
new construction of a state facility with total costs over $100,000 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 that level two EV charging stations be installed
in new construction school building projects on any project list that DAS
submits to the legislature beginning July 1, 2023. It does so by
prohibiting DAS from approving a school building project plan that
does not provide for level two EV charger installation in at least 20% of
parking spots for cars or light-duty trucks at the school building.
Starting January 1, 2023, the bill 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 or direct current fast charging stations.
Under the bill, a “level two EV charging station” is an EV charging
station that supplies 208 to 240 volt alternating current. A “direct current
fast charging station” is an EV charging station that uses direct current
electricity providing 40 kilowatts or greater. 2022SB-00004-R01-BA.DOCX
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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 school 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 school buses (see § 1).
Under the bill, a zero-emission school bus is a school bus certified by
the Environmental Protection Agency (EPA) as having a drivetrain that
produces, under any possible operational mode or condition, zero
exhaust emission of any EPA-listed air pollutant or GHG (42 U.S.C. §
16091(a)(8)).
EFFECTIVE DATE: October 1, 2022, and applicable to assessment
years starting on or after that date.
§§ 7, 10 & 18 — CHEAPR PROGRAM
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 greenhouse gas
reduction fee and part of Regional Greenhouse Gas Initiative funds to the CHEAPR
account
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”).
It also increases funding for the program. 2022SB-00004-R01-BA.DOCX
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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
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* Owner or manager of bicycle sale or repair business
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
Representative of an association representing EV
manufacturers
Transportation Committee
Senate ranking member
None specified
*Existing appointment/qualification
Under the bill, each appointed member serves a two-year term and
may serve until the member’s successor is appointed. The bill allows the
advisory board to establish rules governing its internal procedures.
Program Funding
The bill increases funding for the program by increasing and adding 2022SB-00004-R01-BA.DOCX
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revenue sources to the CHEAPR account.
First, it transfers the entirety of the GHG reduction fee to the
CHEAPR account. 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.
Beginning with FY 24, the bill also diverts to the CHEAPR account
the portion of Regional Greenhouse Gas Initiative (RGGI) proceeds
allocated to the Green Bank according to a regulatory formula in excess
of $5.2 million. Currently, 23% of RGGI proceeds are allocated to the
Green Bank for the Clean Energy Fund. (The bill also codifies existing
practice regarding the Clean Energy Fund’s uses.)
RGGI is a regional interstate “cap and trade” program to reduce GHG
emissions. The program subjects the region’s power plants to a
declining cap on the amount of carbon dioxide they can emit and
requires them to purchase emission allowances at quarterly auctions.
Those that exceed the cap may buy credits from those that do not.
Auction sales proceeds fund energy efficiency and renewal programs.
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.
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 2022SB-00004-R01-BA.DOCX
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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 caps the amount of
incentive for residents of environmental justice communities at 100%
more than the standard incentive amount. 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
Supplemental Nutrition Assistance Program, Low Income Home
Energy Assistance Program, Head Start, and Operation Fuel. 2022SB-00004-R01-BA.DOCX
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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: The CHEAPR program provisions are applicable
to appointments made on or after July 1, 2022.
§§ 7, 12 & 13 — ZERO-EMISSION SCHOOL BUSES
Allows for 10-year school transportation contracts if the contract includes at least one
zero-emission school bus, sets targets for converting school buses to zero-emission school
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 10-year terms if
the contract includes transportation provided by at least one school bus
that is a zero-emission bus (see § 6, above).
Transition to Zero-Emission School Buses
The bill requires that all school buses be zero-emission school buses
by (1) January 1, 2030, in school districts entirely within, or that contain,
an environmental justice community as of July 1, 2022 (see
BACKGROUND) a nd (2) January 1, 2040, in the remaining districts. It
also sets an interim requirement for school districts that are not located
entirely within, or do not contain, an environmental justice community, 2022SB-00004-R01-BA.DOCX
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requiring that 100% of buses in these districts be zero-emission school
buses or alternative fuel school buses. An “alternative fuel school bus”
is a school bus that reduces emissions and operates entirely or in part
using liquified or compressed natural gas, hydrogen, propane, or
biofuels.
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 school buses
and EV charging or fueling infrastructure.
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 funds and appropriations, to
provide administrative and technical assistance to municipalities,
school districts, and school bus operators transitioning to using zero-
emission school buses, applying for federal grants for them, and
installing EV charging and fueling infrastructure.
Staff Funding
The bill allows the DEEP commissioner to use funds from the
CHEAPR account to pay for grant program staffing needs and the
technical assistance.
EFFECTIVE DATE: The school bus contracts provision is effective
October 1, 2022.
§§ 7 & 14 — 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 funds the program from the CHEAPR account
Beginning January 1, 2023, the bill allows DEEP, within available 2022SB-00004-R01-BA.DOCX
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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 (1) consult with the education,
motor vehicles, and transportation commissioners in establishing the
program and (2) prescribe the time and manner for filing program
applications. The bill funds the program through the CHEAPR account.
Under the bill, eligible technology for vouchers includes battery
electric and fuel cell systems and EV charging infrastructure. Vouchers
are unavailable for vehicle classes where there is no commercially
available zero-emission technology. DEEP must (1) set aside 40% of
available funding to maximize air pollution reduction in environmental
justice communities (see BACKGROUND) and (2) consider the amount
of available funding when awarding vouchers.
EFFECTIVE DATE: The provision requiring DEEP to establish the
program and creating the account is effective October 1, 2022.
§§ 8 & 19 — 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 a triennial
period).
§ 9 — CLEAN AIR ACT (CAA) FEE
Requires the OPM secretary to annually report on (1) the amount of CAA fee revenue
collected and (2) state funds spent on implementing the CAA, improving air quality, and
reducing transportation sector GHG
Starting by January 1, 2023, the bill requires the OPM secretary to
annually report to the Appropriations, Environment, and
Transportation committees on (1) the amount of CAA fee revenue (see
BACKGROUND) collected in the prior fiscal year and (2) state funds
spent during the prior fiscal year on implementing the federal CAA,
improving air quality, and reducing transportation sector GHG
emissions. OPM must consult with DEEP, DOT, and DMV in preparing 2022SB-00004-R01-BA.DOCX
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the report.
§ 11 — TRAFFIC SIGNAL GRANT PROGRAM
Requires DOT to establish a matching grant program to help municipalities modernize
existing traffic signal equipment
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.
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 projects undertaken by two or more municipalities.
§ 15 — MEDIUM- AND HEAVY -DUTY VEHICLE EMISSION
STANDARDS
Authorizes the DEEP commissioner to adopt regulations implementing California’s
medium- and heavy-duty motor vehicle standards
The bill authorizes the DEEP commissioner to adopt regulations
implementing California’s medium- and heavy-duty motor vehicle
standards in Connecticut. It requires her, if she adopts these regulations,
to amend them whenever the California standards change. The
Connecticut regulations may incorporate by reference the California Air
Resources Board’s (CARB) adopted regulations (see BACKGROUND).
State law already requires DEEP to adopt regulations implementing
California’s emissions standards for light-duty motor vehicles (e.g.,
passenger cars, SUVs, pickup trucks) and keep them current with
changes California makes. The regulations applied beginning with the
2008 model year.
Under the federal Clean Air Act, all new vehicles sold in the United
States must comply with emission standards set by either the U.S.
Environmental Protection Agency or California (42 U.S.C. § 7507). The
U.S. Department of Transportation categorizes vehicles based on gross 2022SB-00004-R01-BA.DOCX
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vehicle weight ratings (GVWR). Medium-duty vehicles generally have
a GVWR of between 10,000 and 26,000 pounds (e.g., box trucks,
firetrucks). Heavy-duty vehicles have a GVWR of more than 26,000
pounds (e.g., city transit buses, cement mixers, refuse trucks, tractor
trailers).
§ 16 — SOLAR PANELS IN PLANNED COMMUNITY
ASSOCIATIONS
Prohibits planned community associations from adopting or enforcing rules that
effectively prohibit unit owners from installing solar panels on their own units’ roofs
The bill prohibits planned community associations from adopting or
enforcing rules that effectively prohibit unit owners from installing solar
power generating systems (i.e., solar panels) on their own units’ roofs.
Condominiums and cooperatives are exemp t from this ban.
Presumably, a condominium or cooperative located within a planned
community is also exempt.
The bill authorizes planned community associations to adopt rules
governing these systems with respect to (1) their size; (2) how they are
attached, installed, and removed; and (3) the unit owner’s responsibility
for their maintenance and periodic upkeep. The rules may also prohibit
owners from installing the systems on the association’s common
elements.
Under existing law, the association’s executive board must give unit
owners certain notice before adopting rules and the adopted rules must
be reasonable.
EFFECTIVE DATE: October 1, 2022
BACKGROUND
School Building Project
By law, a “school building project” includes the following:
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 2022SB-00004-R01-BA.DOCX
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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 20 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.
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, 2022SB-00004-R01-BA.DOCX
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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, Watertown, 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)).
By law, these fees must be split between the General Fund (42.5%)
and the Special Transportation Fund (STF) (57.5%) and are not
dedicated to any specific purpose.
FHWA Vehicle Category Classification System
The FHWA vehicle category classification system 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
California Standards & Connecticut Emission Reduction Goal
CARB adopted (1) a heavy-duty omnibus rule, which creates
emission standards for engine manufacturers, and (2) an advanced clean 2022SB-00004-R01-BA.DOCX
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trucks rule, which requires truck manufacturers to deliver for sale a
certain percentage of advanced technology vehicles (i.e., zero-emission
vehicles (ZEVs)).
In July 2020, Connecticut signed onto a memorandum of
understanding (MOU) with 14 other states and the District of Columbia
to work collaboratively to reduce emissions from medium- and heavy-
duty vehicles. The signatories’ goal is to have all medium- and heavy-
duty vehicle sales be ZEVs by 2050, with an interim goal of 30% ZEV
sales by 2030.
Related Bills
sSB 12 (File 609), favorably reported by the Finance, Revenue and
Bonding Committee, authorizes $75 million in general obligation (GO)
bonds to help municipalities modernize traffic signals and $20 million
in GO bonds to match federal grants for zero-emission school buses.
SB 225 (File 142), favorably reported by the Planning and
Development Committee, contains identical provisions on rooftop solar
panel installation in planned community associations.
HB 5039 (File 465), favorably reported by the Environment and
Transportation committees, contains identical provisions on medium-
and heavy-duty truck emissions standards.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 23 Nay 11 (03/24/2022)
Finance, Revenue and Bonding Committee
Joint Favorable
Yea 35 Nay 15 (04/20/2022)