LCO 1 of 13 General Assembly Substitute Bill No. 5485 February Session, 2024 AN ACT CONCERNING TRANSPORTATION INFRASTRUCTURE FOR ELECTRIC VEHICLES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) (a) As used in this section, (1) 1 "electric distribution company" has the same meaning as provided in 2 section 16-1 of the general statutes; (2) "battery electric vehicle", "fuel cell 3 electric vehicle", "plug-in hybrid electric vehicle" and "range-extended 4 battery electric vehicle" have the same meanings as provided in section 5 16-19eee of the general statutes; (3) "electric vehicle charging station" has 6 the same meaning as provided in section 16-19f of the general statutes; 7 (4) "environmental justice community" has the same meaning as 8 provided in subsection (a) of section 22a-20a of the general statutes; (5) 9 "level two electric vehicle charging station" and "direct current fast 10 charging station" have the same meanings as provided in section 4b-77 11 of the general statutes; and (6) "housing authority" has the same 12 meaning as provided in section 8-39 of the general statutes. 13 (b) There is established an Electric Vehicle Infrastructure 14 Coordinating Council, to assess and report on strategies and plans 15 necessary to ensure the affordable, equitable, accessible and reliable 16 integration of battery electric vehicles, fuel cell electric vehicles, plug-in 17 hybrid electric vehicles and range-extended battery electric vehicles into 18 the state's transportation network. The council shall be part of the 19 Department of Energy and Environmental Protection for administrative 20 Substitute Bill No. 5485 LCO 2 of 13 purposes only. The council shall consist of the following forty members: 21 (1) Four appointed by the speaker of the House of Representatives; 22 (2) Four appointed by the president pro tempore of the Senate; 23 (3) Three appointed by the majority leader of the House of 24 Representatives, one of whom is recommended by the Connecticut 25 Equity and Environmental Justice Advisory Council, established by 26 Executive Order 21-3 of Governor Ned Lamont, one of whom is 27 recommended by a nonprofit association or organization representing 28 the interests of motor vehicle dealers in this state and one of whom 29 represents a business that utilizes heavy-duty motor vehicles for its 30 operations; 31 (4) Three appointed by the majority leader of the Senate, one of whom 32 represents an organization that advocates for the protection of the 33 environment, one of whom represents an organization that advocates 34 for electric municipal utilities and one of whom represents a 35 manufacturer of battery electric vehicles, fuel cell electric vehicles, plug-36 in hybrid electric vehicles or range-extended battery electric vehicles; 37 (5) Three appointed by the minority leader of the House of 38 Representatives, one of whom is recommended by an organization 39 representing the interests of large municipalities, one of whom 40 represents an electric distribution company that has a service area of 41 eighteen or more cities and towns and one of whom represents a 42 professional organization of physicians in the state; 43 (6) Three appointed by the minority leader of the Senate, one of 44 whom represents an electric distribution company that has a service 45 area of not more than seventeen cities and towns, one of whom 46 represents a manufacturer of electric vehicle charging stations and one 47 of whom is recommended by an organization representing the interests 48 of small municipalities; 49 (7) The chairpersons and ranking members of the joint standing 50 Substitute Bill No. 5485 LCO 3 of 13 committees of the General Assembly having cognizance of matters 51 relating to transportation, the environment and energy; and 52 (8) The Commissioners of Energy and Environmental Protection, 53 Transportation, Administrative Services, Consumer Protection and 54 Public Health, or their designees, the Secretary of the Office of Policy 55 and Management, or the secretary's designee, the chairperson of the 56 Public Utilities Regulatory Authority, or the chairperson's designee, and 57 the Consumer Counsel, or the counsel's designee. 58 (c) Any member of the council appointed under subdivisions (1) to 59 (6), inclusive, of subsection (b) of this section may be a member of the 60 General Assembly. 61 (d) All initial appointments to the council shall be made not later than 62 June 1, 2024, and shall terminate on May 31, 2026, regardless of when 63 the initial appointment was made. Any vacancy shall be filled by the 64 appointing authority. Each appointed member shall serve for a term of 65 two years and may be reappointed or continue to serve until such 66 member's successor is appointed. 67 (e) The council shall have three chairpersons. Notwithstanding the 68 provisions of section 4-9a of the general statutes, the speaker of the 69 House of Representatives and the president pro tempore of the Senate 70 shall select two chairpersons of the council from among the members of 71 the council. The Commissioner of Energy and Environmental Protection 72 shall serve as the third chairperson. The three chairpersons shall 73 schedule the first meeting of the council, which shall be held not later 74 than July 1, 2024. 75 (f) A majority of the membership of the council shall constitute a 76 quorum for the purpose of meeting to review and assess the draft Zero-77 Emission Vehicle Roadmap submitted in accordance with the 78 provisions of subsection (j) of this section, or for any vote taken by the 79 council. 80 (g) The council shall: 81 Substitute Bill No. 5485 LCO 4 of 13 (1) Provide direction on the scope of the draft Zero-Emission Vehicle 82 Roadmap described in subsection (j) of this section; 83 (2) Hold informational meetings to solicit input from stakeholders on 84 the benefits and impacts of the integration of battery electric vehicles, 85 fuel cell electric vehicles, plug-in hybrid electric vehicles and range-86 extended battery electric vehicles into the state's transportation 87 network; 88 (3) Recommend modifications related to the draft Zero-Emission 89 Vehicle Roadmap submitted pursuant to subsection (j) of this section 90 and each draft update to the Zero-Emission Vehicle Roadmap submitted 91 pursuant to subsection (l) of this section; 92 (4) Hold public hearings, including one hearing after November 15, 93 2024, but prior to January 8, 2025, regarding the draft Zero-Emission 94 Vehicle Roadmap submitted pursuant to subsection (j) of this section, 95 and not less than one hearing on each draft update to the Zero-Emission 96 Vehicle Roadmap submitted pursuant to subsection (l) of this section; 97 and 98 (5) Obtain from any executive department, board, commission or 99 other agency of the state such assistance and data as necessary and 100 available to carry out the purposes of this section, within available 101 resources and subject to the limitations of any pending adjudicatory 102 proceeding before any such agency. 103 (h) The members of the council shall serve without compensation. 104 (i) The council shall meet at least once every two months, or at such 105 other times as deemed necessary by the chairpersons or a majority of the 106 council, and shall provide the opportunity for public comment at each 107 such meeting. 108 (j) Not later than November 15, 2024, the Commissioners of Energy 109 and Environmental Protection and Transportation and the chairperson 110 of the Public Utilities Regulatory Authority, in coordination with the 111 Substitute Bill No. 5485 LCO 5 of 13 Commissioners of Administrative Services, Consumer Protection and 112 Public Health, the Secretary of the Office of Policy and Management and 113 the Consumer Counsel, shall submit a draft Zero-Emission Vehicle 114 Roadmap to the council. Such draft roadmap shall: 115 (1) Analyze the benefits and costs associated with the usage of light, 116 medium and heavy-duty zero-emission vehicles, including, but not 117 limited to, the impacts to public health, air quality and consumers and 118 the attainment of the greenhouse gas emission reductions required by 119 section 22a-200a of the general statutes; 120 (2) Identify the number of battery electric vehicles, fuel cell electric 121 vehicles, plug-in hybrid electric vehicles and range-extended battery 122 electric vehicles registered in the state; 123 (3) Estimate the number of battery electric vehicles, fuel cell electric 124 vehicles, plug-in hybrid electric vehicles and range-extended battery 125 electric vehicles to be sold and registered in the state for the year of the 126 report and the next ten succeeding years based, in part, on the 127 attainment of the emission reductions required by section 22a-200a of 128 the general statutes; 129 (4) Estimate the number and type of electric vehicle charging stations 130 needed to support the estimated number of battery electric vehicles, fuel 131 cell electric vehicles, plug-in hybrid electric vehicles and range-132 extended battery electric vehicles in public and private sector settings, 133 including, but not limited to, transit facilities and parking facilities at 134 commercial and industrial properties and one-family, two-family or 135 multifamily residential dwellings; 136 (5) Make recommendations concerning how to assist any 137 governmental unit or the private sector in installing electric vehicle 138 charging stations and the associated charging infrastructure, equipment 139 and technology, including within proximity of on-street parking; 140 (6) Identify strategies, including non-ratepayer-funded strategies, to 141 ensure the installation of electric vehicle charging stations in urban, 142 Substitute Bill No. 5485 LCO 6 of 13 suburban and rural areas, including, but not limited to, low-income and 143 moderate-income communities; 144 (7) Recommend strategies for ensuring electric vehicle charging 145 stations are maintained in full and continuous working order; 146 (8) Report on the adequacy of electric transmission and generation 147 supply and storage infrastructure to serve the electric vehicle charging 148 needed to support the number of battery electric vehicles, fuel cell 149 electric vehicles, plug-in hybrid electric vehicles and range-extended 150 battery electric vehicles estimated pursuant to subdivision (2) of this 151 subsection; 152 (9) (A) Identify the cost trends associated with the purchase of a new 153 battery electric vehicle, plug-in hybrid electric vehicle, fuel cell electric 154 vehicle or range-extended battery electric vehicle using the 155 manufacturer's suggested retail price, (B) identify and evaluate the cost 156 impact of applicable existing and future state and federal incentives, and 157 (C) identify the cost trends for the purchase of a new or used motor 158 vehicle operated by an internal combustion engine as applicable state 159 and federal motor vehicle emission laws become effective; 160 (10) Using information from the preceding calendar year, (A) identify 161 trends regarding the adoption and distribution of battery electric 162 vehicles, fuel cell electric vehicles and plug-in hybrid electric vehicles in 163 the state using information from the Connecticut Hydrogen and Electric 164 Automobile Purchase Rebate program established pursuant to section 165 22a-202 of the general statutes, as amended by this act, and (B) include 166 information regarding the availability and equitable distribution of 167 rebates and vouchers issued by the Commissioner of Energy and 168 Environmental Protection under said program among residents of 169 differing socioeconomic status; 170 (11) Include any other assessments or information that promote the 171 utilization of battery electric vehicles, plug-in hybrid electric vehicles, 172 fuel cell electric vehicles or range-extended battery electric vehicles in 173 the state; 174 Substitute Bill No. 5485 LCO 7 of 13 (12) Provide information describing the implementation of the 175 National Electric Vehicle Infrastructure Formula Program pursuant to 176 the Infrastructure Investment and Jobs Act, P.L. 117-58, as amended 177 from time to time, and the status and results of such program; 178 (13) Determine the impact of electrification on bus service in the state 179 by identifying (A) the purchase and operating costs for battery electric 180 buses, (B) the level of funding needed for the deployment of battery 181 electric buses, (C) the service territory of battery electric buses currently 182 in operation, and (D) battery electric bus service in low-income and 183 moderate-income communities; 184 (14) (A) Summarize each electric distribution company's progress 185 toward meeting state-wide deployment targets established by the 186 Public Utilities Regulatory Authority for direct current fast charging 187 stations and level two electric vehicle charging stations, (B) identify the 188 percentage of direct current fast charging stations and level two electric 189 vehicle charging stations installed in environmental justice communities 190 and for housing owned or managed by a housing authority, (C) describe 191 the methodology that electric distribution companies use to track how 192 electric vehicle charging infrastructure facilitates the deployment of 193 battery electric vehicles, plug-in hybrid electric vehicles, fuel cell electric 194 vehicles and range-extended battery electric vehicles throughout the 195 state, (D) provide aggregated results of the charging programs managed 196 by the electric distribution companies that are designed to integrate and 197 optimize electric vehicle charging onto the electric distribution system, 198 and (E) identify the available electric vehicle tariff offerings by customer 199 class, charger type and service territory; and 200 (15) Address other topics or include other information as requested 201 by the Electric Vehicle Infrastructure Coordinating Council. 202 (k) Not later than January 8, 2025, the Commissioner of Energy and 203 Environmental Protection shall submit, in accordance with the 204 provisions of section 11-4a of the general statutes, the final Zero-205 Emission Vehicle Roadmap to the joint standing committees of the 206 Substitute Bill No. 5485 LCO 8 of 13 General Assembly having cognizance of matters relating to 207 transportation, the environment and energy. Such final roadmap shall 208 include the information specified in subdivisions (1) to (15), inclusive, 209 of subsection (j) of this section. The commissioner shall publish such 210 final roadmap on the Internet web site of the Department of Energy and 211 Environmental Protection. 212 (l) Not later than November 15, 2025, and annually thereafter, the 213 Commissioners of Energy and Environmental Protection and 214 Transportation and the chairperson of the Public Utilities Regulatory 215 Authority, in coordination with the Commissioners of Administrative 216 Services, Consumer Protection and Public Health, the Secretary of the 217 Office of Policy and Management and the Consumer Counsel, shall 218 submit a draft update to the Zero-Emission Vehicle Roadmap to the 219 Electric Vehicle Infrastructure Coordinating Council. 220 (m) Not later than January 1, 2026, and annually thereafter, the 221 Commissioner of Energy and Environmental Protection shall submit, in 222 accordance with the provisions of section 11-4a of the general statutes, 223 the most recent final update to the Zero-Emission Vehicle Roadmap to 224 the joint standing committees of the General Assembly having 225 cognizance of matters relating to transportation, the environment and 226 energy. The commissioner shall publish each such final update to the 227 roadmap on the Internet web site of the Department of Energy and 228 Environmental Protection. 229 (n) Nothing in this section shall be construed to require the adoption 230 of zero-emission vehicle standards. 231 Sec. 2. Subsections (d) to (g), inclusive, of section 22a-202 of the 2024 232 supplement to the general statutes are repealed and the following is 233 substituted in lieu thereof (Effective from passage): 234 (d) On and after July 1, 2022, the Commissioner of Energy and 235 Environmental Protection shall establish and administer a program to 236 provide rebates or vouchers to residents, municipalities, businesses, 237 nonprofit organizations and tribal entities located in this state when 238 Substitute Bill No. 5485 LCO 9 of 13 such residents, municipalities, businesses, organizations or tribal 239 entities purchase or lease a new or used battery electric vehicle, plug-in 240 hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in 241 consultation with the advisory board, shall establish and revise, as 242 necessary, appropriate rebate levels, voucher amounts and maximum 243 income eligibility for such rebates or vouchers. The program shall have 244 a goal of distributing, by January 1, 2030, at least forty per cent of the 245 funds used for any such rebates or vouchers to a United State census 246 block group, as determined in accordance with the most recent United 247 States census, for which thirty per cent or more of the population 248 consists of persons who have an income below two hundred per cent of 249 the federal poverty level. The commissioner shall prioritize the granting 250 of rebates or vouchers to residents of environmental justice 251 communities, [residents having] who have household incomes at or 252 below three hundred per cent of the federal poverty level [and residents] 253 or who participate in state and federal assistance programs, including, 254 but not limited to, the state-administered federal Supplemental 255 Nutrition Assistance Program, state-administered federal Low Income 256 Home Energy Assistance Program, a Head Start program established 257 pursuant to section 10-16n or assistance provided by Operation Fuel, 258 Incorporated. Any such rebate or voucher awarded to a resident of an 259 environmental justice community shall be in an amount [up to one 260 hundred] not less than two hundred per cent more than the standard 261 rebate level or voucher amount. An eligible municipality, business, 262 nonprofit organization or tribal entity may receive not more than ten 263 rebates or vouchers a year, within available funds, and not more than a 264 total of twenty rebates or vouchers, except the commissioner may issue 265 additional rebates or vouchers to an eligible business or nonprofit 266 organization that operates a fleet of motor vehicles exclusively in an 267 environmental justice community. On and after July 1, 2022, and until 268 June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid electric 269 vehicle or fuel cell electric vehicle that is eligible for a rebate or voucher 270 under the program shall have a base manufacturer's suggested retail 271 price of not more than fifty thousand dollars. 272 Substitute Bill No. 5485 LCO 10 of 13 (e) As a part of the Connecticut Hydrogen and Electric Automobile 273 Purchase Rebate program, the Commissioner of Energy and 274 Environmental Protection shall also establish and administer a program 275 to provide rebates or vouchers to residents of the state who purchase an 276 electric bicycle. The commissioner, in consultation with the advisory 277 board, shall establish and revise, as necessary, maximum income 278 eligibility for such rebates or vouchers. Any such rebate or voucher 279 amount shall be in an amount not less than five hundred dollars. The 280 rebate or voucher program shall be designed to maximize the air quality 281 benefits associated with the deployment of electric bicycles and 282 prioritize providing vouchers to residents of environmental justice 283 communities, [residents having] who have household incomes at or 284 below three hundred per cent of the federal poverty level [, and 285 residents] or who participate in state and federal assistance programs, 286 including, but not limited to, the state-administered federal 287 Supplemental Nutrition Assistance Program, state-administered federal 288 Low Income Home Energy Assistance Program, a Head Start program 289 established pursuant to section 10-16 or assistance provided by 290 Operation Fuel, Incorporated. On and after July 1, 2022, and until June 291 30, 2027, inclusive, an electric bicycle that is eligible for a rebate or 292 voucher under the program shall have a base manufacturer's suggested 293 retail price of not more than three thousand dollars. Not less than sixty 294 days prior to distributing any rebate or voucher pursuant to this 295 subsection, the commissioner shall conduct an outreach and marketing 296 campaign pursuant to subsection (g) of this section. 297 (f) The Commissioner of Energy and Environmental Protection shall 298 evaluate the Connecticut Hydrogen and Electric Automobile Purchase 299 Rebate program on an annual basis. Not later than June 20, 2024, and 300 annually thereafter, the commissioner shall submit a report to the joint 301 standing committees of the General Assembly having cognizance of 302 matters relating to the environment and transportation regarding the 303 status and effectiveness of such program. Such report shall include 304 information on program participation and the environmental benefits 305 accruing to environmental justice communities and communities 306 Substitute Bill No. 5485 LCO 11 of 13 overburdened by air pollution. 307 (g) The Commissioner of Energy and Environmental Protection shall 308 conduct outreach programs and implement a marketing campaign for 309 the promotion of the Connecticut Hydrogen and Electric Automobile 310 Purchase Rebate program. Such marketing campaign shall target 311 environmental justice communities, be conducted in languages in 312 addition to English and involve community-based organizations that 313 serve environmental justice communities. 314 Sec. 3. (Effective July 1, 2024) (a) For the purposes described in 315 subsection (b) of this section, the State Bond Commission shall have the 316 power from time to time to authorize the issuance of bonds of the state 317 in one or more series and in principal amounts not exceeding in the 318 aggregate ten million dollars. 319 (b) The proceeds of the sale of such bonds, to the extent of the amount 320 stated in subsection (a) of this section, shall be used by the Department 321 of Energy and Environmental Protection for the purpose of (1) 322 providing grants to municipal electric utilities for the installation of 323 electric vehicle charging infrastructure located in environmental justice 324 communities, as defined in subsection (a) of section 22a-20a of the 325 general statutes, within the service area of such utility, (2) providing 326 incentives and rebates for electric vehicles and hybrid electric vehicles, 327 as those terms are defined in section 16-19eee of the general statutes, and 328 for the installation of electric vehicle charging infrastructure, and (3) 329 providing incentives for the installation of electric vehicle charging 330 infrastructure in public rights-of-way. 331 (c) All provisions of section 3-20 of the general statutes, or the exercise 332 of any right or power granted thereby, that are not inconsistent with the 333 provisions of this section are hereby adopted and shall apply to all 334 bonds authorized by the State Bond Commission pursuant to this 335 section. Temporary notes in anticipation of the money to be derived 336 from the sale of any such bonds so authorized may be issued in 337 accordance with section 3-20 of the general statutes and from time to 338 Substitute Bill No. 5485 LCO 12 of 13 time renewed. Such bonds shall mature at such time or times not 339 exceeding twenty years from their respective dates as may be provided 340 in or pursuant to the resolution or resolutions of the State Bond 341 Commission authorizing such bonds. None of such bonds shall be 342 authorized except upon a finding by the State Bond Commission that 343 there has been filed with it a request for such authorization that is signed 344 by or on behalf of the Secretary of the Office of Policy and Management 345 and states such terms and conditions as said commission, in its 346 discretion, may require. Such bonds issued pursuant to this section shall 347 be general obligations of the state and the full faith and credit of the state 348 of Connecticut are pledged for the payment of the principal of and 349 interest on such bonds as the same become due, and accordingly and as 350 part of the contract of the state with the holders of such bonds, 351 appropriation of all amounts necessary for punctual payment of such 352 principal and interest is hereby made, and the State Treasurer shall pay 353 such principal and interest as the same become due. 354 Sec. 4. (NEW) (Effective from passage) (a) For the purposes of this 355 section, "electric distribution company" has the same meaning as 356 provided in section 16-1 of the general statutes and "level 2 charger" has 357 the same meaning as "AC Level 2" in 23 CFR 680.104, as amended from 358 time to time. 359 (b) Notwithstanding any provision of title 16 or 16a of the general 360 statutes, an electric distribution company shall charge a customer for the 361 provision of electricity to such customer's separately metered level 2 362 charger at the same rate that such company charges residential 363 customers, provided such charger is (1) available for residential use, and 364 (2) located in either a (A) multifamily residential building, or (B) 365 multiuse building if residential use constitutes fifty per cent or more of 366 the metered energy for such building. 367 Sec. 5. (Effective from passage) The Commissioner of Transportation 368 shall study and make recommendations concerning the feasibility of 369 expanding mobility options in rural communities. Such study and 370 recommendations shall take into consideration (1) the cost of operation 371 Substitute Bill No. 5485 LCO 13 of 13 and maintenance, including new or additional transit services, (2) the 372 size and availability of currently utilized vehicles and compatibility 373 with rural operations, (3) the viability of operating sustained transit 374 services to any such rural communities, including the availability of 375 operators and maintenance capacity, and (4) best practices from other 376 rural communities in the country. Not later than July 1, 2026, the 377 commissioner shall submit the results of such study and the 378 commissioner's recommendations, in accordance with the provisions of 379 section 11-4a of the general statutes, to the joint standing committee of 380 the General Assembly having cognizance of matters relating to 381 transportation. 382 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 from passage 22a-202(d) to (g) Sec. 3 July 1, 2024 New section Sec. 4 from passage New section Sec. 5 from passage New section Statement of Legislative Commissioners: In Section 1(d), "June 1, 2026" was changed to "May 31, 2026" for consistency with standard drafting conventions; in Section 1(e), "a" was changed to "the third" for clarity; in Section 1(g), "roadmap" was changed to "Zero-Emission Vehicle Roadmap" for consistency; in Section 1(j)(1) "greenhouse gas" was added for consistency; in Section 1(j)(5), ", any public agency" was deleted to eliminate redundancy; in Section 1(j)(12), "pursuant to the Infrastructure Investment and Jobs Act, P.L. 117-58, as amended from time to time," was inserted for clarity; in Section 1(m), "most recent" was inserted for accuracy; in Section 4(a) , a reference to "AC Level 2" was added for accuracy; and in Section 5(1) and (3), "transit" was added for clarity. TRA Joint Favorable Subst. -LCO