Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3139 Compare Versions

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22 HOUSE DOCKET, NO. 1543 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3139
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Christine P. Barber and Joan Meschino
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act setting deadlines to electrify school buses and public fleets and establishing programs to
1313 encourage private fleet electrification.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/18/2023Joan Meschino3rd Plymouth1/18/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Steven Owens29th Middlesex1/28/2023Vanna Howard17th Middlesex2/1/2023Jennifer Balinsky Armini8th Essex2/4/2023Jack Patrick Lewis7th Middlesex2/8/2023David Allen Robertson19th Middlesex2/8/2023James C. Arena-DeRosa8th Middlesex2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023Samantha Montaño15th Suffolk2/13/2023Jay D. Livingstone8th Suffolk2/14/2023Natalie M. Higgins4th Worcester2/23/2023Christopher Richard Flanagan1st Barnstable2/24/2023Simon Cataldo14th Middlesex2/27/2023William J. Driscoll, Jr.7th Norfolk3/6/2023 1 of 5
1717 HOUSE DOCKET, NO. 1543 FILED ON: 1/18/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 3139
1919 By Representatives Barber of Somerville and Meschino of Hull, a petition (accompanied by bill,
2020 House, No. 3139) of Christine P. Barber, Joan Meschino and others relative to setting deadlines
2121 to electrify school buses and public fleets and establishing programs to encourage private fleet
2222 electrification. Telecommunications, Utilities and Energy.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act setting deadlines to electrify school buses and public fleets and establishing programs to
2929 encourage private fleet electrification.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1.
3333 2 Section 1 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is
3434 3hereby amended by adding the following definitions:-
3535 4 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
3636 5includes non-combustion vehicles.
3737 6 “Emergency vehicle”, any publicly owned vehicle operated by a peace officer in
3838 7performance of their duties, any authorized emergency vehicle used for fighting fires or
3939 8responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an
4040 9emergency medical technician or paramedic, or used for towing or servicing other vehicles, or
4141 10repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement, 2 of 5
4242 11vector control, or pest abatement agencies and used for those purposes, or any ambulance used
4343 12by a private entity under contract with a public agency.
4444 13 SECTION 2.
4545 14 Section 1 of chapter 21N is hereby amended by inserting the following definitions:
4646 15 “Electric vehicle”, as defined in section 1 of chapter 90.
4747 16 “Motor vehicles”, as defined in section 1 of chapter 90.
4848 17 “Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same
4949 18ownership or control and registered in the Commonwealth of Massachusetts.
5050 19 “Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which an
5151 20portion is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality
5252 21or any political subdivision thereof from a person or entity other than the Commonwealth of
5353 22Massachusetts or a municipality to provide a public service or for its own use, including school
5454 23buses and paratransit vehicles.
5555 24 “Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of
5656 25Massachusetts, a transportation authority, a school district, a public university, a quasi-public
5757 26agency, or a municipality or in the shared ownership of multiple municipalities, or any political
5858 27subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of
5959 28the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the
6060 29management or control of separate secretariats, departments, agencies, or offices.
6161 30 SECTION 3. 3 of 5
6262 31 Chapter 21N is hereby amended by inserting after section 7 the following sections: -
6363 32 Section 7A. The Secretary, in consultation with the department of energy resources,
6464 33department of transportation, department of environmental protection, and department of public
6565 34utilities, shall develop a transition to an electric school bus and motor vehicle fleet program and
6666 35promulgate regulations to require the following motor vehicle fleet standards: (a) fifty percent of
6767 36all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric
6868 37vehicles by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle
6969 38fleets serving a public purpose shall be electric vehicles by 2030; and (c) one hundred percent of
7070 39all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric
7171 40vehicles by 2035.
7272 41 In reaching the Commonwealth’s public fleet requirements defined in this section, the
7373 42Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the
7474 43study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the
7575 44deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in
7676 45locations serving environmental justice populations as defined in section 62 of chapter 30 of the
7777 46general laws.
7878 47 Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric
7979 48vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor
8080 49vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased,
8181 50rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department
8282 51of Energy Resources, with input from the Department of Environmental Protection, Department
8383 52of Public Utilities, and Department of Transportation and the intergovernmental coordinating 4 of 5
8484 53council established by the Acts of 2022, chapter 179, section 81, shall: (i) establish goals for
8585 54private motor vehicle fleets conversion; (ii) identify and implement incentives to support electric
8686 55vehicle purchases; (iii) work with owners of motor vehicle fleets used for public transportation
8787 56licensed to operate in the Commonwealth pursuant to chapter 90 or chapter 159A to transition to
8888 57electric vehicles; and (iv) work with owners of motor vehicle fleets used as commercial motor
8989 58carriers, freight services, limousine services, and taxis registered to operate in the
9090 59Commonwealth to transition to electric vehicles.
9191 60 Section 7C. The Secretary, in consultation with the executive office for administration
9292 61and finance, shall require that new motor vehicles purchased by the Commonwealth shall be
9393 62electric vehicles according to the following deadlines: (i) sixty percent of all purchases in 2023;
9494 63(ii) eighty percent of all purchases in 2024; (iii) ninety percent of all purchases in 2025; and (iv)
9595 64one hundred percent of all purchases in 2026. The Secretary or designee, in consultation with the
9696 65Executive Office of Administration and Finance shall establish a centralized joint procurement
9797 66process for public fleets to reduce procurement costs.
9898 67 Section 7D. The Department of Energy Resources shall design and implement an
9999 68incentive program to encourage the conversion of private fleets to electric vehicles. Should an
100100 69owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the
101101 70Department of Energy Resources shall remove the incentive for that owner and require
102102 71reimbursement of the incentive. As part of the incentive program, the Department of Energy
103103 72Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to
104104 73the incentive program, is available to municipalities to promote the transition to electric vehicle
105105 74motor vehicle fleet. 5 of 5
106106 75 SECTION 4.
107107 76 Beginning in 2024 and every five years thereafter through 2040, the Secretary shall
108108 77submit a report to the Legislature that measures the Commonwealth’s progress towards
109109 78implementation of the electric vehicle motor vehicle fleet program. The report shall: (i) assess
110110 79the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as
111111 80incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and
112112 81businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv)
113113 82recommend legislative and regulatory action to address those barriers.
114114 83 SECTION 5.
115115 84 The Secretary may provide education, training, and technical assistance to motor vehicle
116116 85fleet operators to support electric vehicle penetration. The Secretary may pursue federal funding
117117 86opportunities to support electric vehicle penetration throughout the Commonwealth in
118118 87accordance with the requirements of Chapter 21N.
119119 88 SECTION 6.
120120 89 The regulations required pursuant to sections 7A through 7D of said chapter 21N shall be
121121 90promulgated and in effect not later than 270 days following the effective date.