Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2257 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1341 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2257
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote the safe integration of autonomous vehicles into the transportation system of
13	13	the Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 14
17	17	SENATE DOCKET, NO. 1341 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2257
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2257) of Jason M. Lewis for
20	20	legislation to promote the safe integration of autonomous vehicles into the transportation system
21	21	of the Commonwealth. Transportation.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2351 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to promote the safe integration of autonomous vehicles into the transportation system of
30	30	the Commonwealth.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 63. Definitions applicable to Secs. 63 to 63F
34	34	2 (A) The following words, as used in Sections 63 to 63F, inclusive, shall have the
35	35	3following meanings:
36	36	4 (1) “Automated driving system” means a combination of hardware and software that has
37	37	5the capability to perform driving tasks by controlling and combining braking, throttle, and
38	38	6steering functionality without the active physical control or monitoring by a human driver.
39	39	7 (2) “Autonomous vehicle” means any motor vehicle equipped with an automated driving
40	40	8system that has been integrated into that vehicle, where the automated driving system performs 2 of 14
41	41	9all driving tasks and monitors the driving environment without the expectation that a human
42	42	10driver will be available to respond appropriately to a request to intervene. An autonomous
43	43	11vehicle does not include a vehicle that merely is equipped with one or more collision avoidance
44	44	12systems, including, but not limited to, electronic blind spot assistance, automated emergency
45	45	13braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning,
46	46	14traffic jam and queuing assist, or other similar systems that enhance safety or provide driver
47	47	15assistance, but are not capable, collectively or singularly, of driving the vehicle without the
48	48	16active control or monitoring of a human driver. The term “autonomous vehicle” consists of all
49	49	17vehicles with driving automation at Level 4 and Level 5 as defined by SAE International as of
50	50	18the effective date of this legislation.
51	51	19 (3) “Level three vehicle” means any motor vehicle equipped with an automated driving
52	52	20system that has been integrated into that vehicle, where the automated driving system performs
53	53	21all driving tasks and monitors the driving environment with the expectation that a human driver
54	54	22will be available to respond appropriately to a request to intervene. A level three vehicle does
55	55	23not include a vehicle that merely is equipped with one or more collision avoidance systems,
56	56	24including, but not limited to, electronic blind spot assistance, automated emergency braking
57	57	25systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam
58	58	26and queuing assist, or other similar systems that enhance safety or provide driver assistance, but
59	59	27are not capable, collectively or singularly, of driving the vehicle without the active control or
60	60	28monitoring of a human driver. The term “level three vehicle” consists of all vehicles with
61	61	29driving automation at Level 3 as defined by SAE International as of the effective date of this
62	62	30legislation. 3 of 14
63	63	31 (4) “Zero emissions vehicle” means a motor vehicle that produces zero exhaust emissions
64	64	32of any criteria pollutant or precursor pollutant, or greenhouse gas, excluding emissions from air
65	65	33conditioning systems, under any and all possible operating modes or conditions.
66	66	34 (5) The term “public transit” shall include any train, passenger bus, passenger ferry boat,
67	67	35water shuttle or other equipment used in public transportation owned by or operated under the
68	68	36authority of a regional transit authority as set forth in section 3 of chapter 161B, the
69	69	37Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, or the
70	70	38Massachusetts Department of Transportation.
71	71	39 (6) “Department” means the Massachusetts Department of Transportation.
72	72	40 (7) “Registrar” means the Registrar of Motor Vehicles.
73	73	41 (8) An “operator” is the person or entity providing use of a level three or autonomous
74	74	42vehicle commercially, publicly, or privately. Operators include, but are not limited to, the
75	75	43following: commercial passenger transportation service companies, commercial freight service
76	76	44companies, transit authorities, academic or research institutions developing automated driving
77	77	45systems, and individual owners or lessors of privately owned autonomous vehicles.
78	78	46 (9) A “passenger” of a level three or autonomous vehicle is any person physically present
79	79	47in an autonomous vehicle while the autonomous vehicle’s automated driving system is engaged.
80	80	48 (10) A “manufacturer” of an autonomous vehicle is:
81	81	49 (a) The person or entity that originally manufactures a vehicle and equips an automated
82	82	50driving system on the originally completed vehicle; or 4 of 14
83	83	51 (b) In the case of a vehicle not originally equipped with an automated driving system by
84	84	52the vehicle manufacturer, the person or entity that modifies the vehicle by installing an
85	85	53automated driving system to convert it to an autonomous vehicle after the vehicle was originally
86	86	54manufactured.
87	87	55 (11) “Testing” means analysis and evaluation of level three or autonomous vehicles by a
88	88	56manufacturer, an operator, or an expert third party engaged by a manufacturer or operator.
89	89	57 (12) “Deployment” means use of autonomous vehicles by members of the public who
90	90	58may but need not be employees or agents of manufacturers or operators of autonomous vehicles.
91	91	59 Section 63A. Autonomous vehicle policy and regulatory authority
92	92	60 (A) It shall be the policy of the commonwealth of Massachusetts to promote the
93	93	61integration of autonomous vehicles into the commonwealth for the purpose of improving the
94	94	62transportation system and encouraging economic development, complying with greenhouse gas
95	95	63emissions targets set out in chapter 21N, and to allow autonomous vehicles on the public ways of
96	96	64the commonwealth subject to such restrictions as are necessary to ensure protection of the
97	97	65commonwealth’s people and environment, adequate funding of the commonwealth’s
98	98	66transportation infrastructure, and compliance with state and federal laws.
99	99	67 (B) The Department is hereby authorized in accordance with the provisions of chapter
100	100	6830A to promulgate such rules as are necessary to carry out its duties under Sections 63 through
101	101	6963F of this chapter and in accordance with the purpose set forth in subsection (a) of this section.
102	102	70In promulgating any such regulations, the Department shall seek to protect the commonwealth’s
103	103	71most impacted and disadvantaged communities and ensure equal protection and the equitable
104	104	72distribution of the benefits and costs associated with the introduction of autonomous vehicles. 5 of 14
105	105	73 Section 63B. Level three and autonomous vehicles allowed
106	106	74 (A) A level three vehicle may be tested on public ways within the commonwealth only if
107	107	75the level three vehicle:
108	108	76 (1) Has a failure alert system to notify the passenger when a system failure is detected;
109	109	77 (2) Meets the federal motor vehicle safety standards for its model year and all other
110	110	78applicable safety standards and performance requirements established by state and federal law;
111	111	79 (3) Relies on the most recent version of all software used as part of its automated driving
112	112	80system and such software has been updated to the latest available version within 30 days of the
113	113	81release of any such updated version;
114	114	82 (4) is clearly marked as an autonomous vehicle in a manner approved by the Registrar;
115	115	83and
116	116	84 (5) Has a system that captures and stores such data as the Department deems necessary
117	117	85through rules promulgated in accordance with the provisions of chapter 30A, after consultation
118	118	86with the Registrar. Any such system must be open-source and based on common standards, with
119	119	87an operating system that has been made public so that components performing the same function
120	120	88can be readily substituted or provided by multiple providers. The data captured and stored by
121	121	89such system shall include, but not be limited to, real-time distance traveled and real-time number
122	122	90of passengers. Data relating to real-time distance traveled and real-time number of passengers
123	123	91shall be stored, with the capability of being cross-referenced, for a reasonable time period as
124	124	92established by the Department, provided that such period shall not exceed eighteen months. Data
125	125	93relating to safety shall be stored for a reasonable time period after the vehicle has been removed 6 of 14
126	126	94from services, established by the Department, provided that such period shall not exceed
127	127	95eighteen months.
128	128	96 In issuing any regulations setting requirements for data collection from autonomous
129	129	97vehicles, the Department shall take all necessary steps:
130	130	98 (a) To protect the privacy of individuals including, but not limited to, the operators and
131	131	99passengers of autonomous vehicles; and
132	132	100 (b) To ensure the security of the data-collection system, the resistance of the system to
133	133	101tampering, and the accuracy of the data captured and stored by the system.
134	134	102 Such steps shall include limiting the availability of any sensitive data to the public.
135	135	103 (B) An autonomous vehicle may be tested or deployed on public ways within the
136	136	104commonwealth only if the autonomous vehicle:
137	137	105 (1) Has a mechanism that is readily accessible to passengers, that does not rely on
138	138	106wireless connectivity, and that, if engaged, forces the vehicle to expediently come to the closest
139	139	107safe stop and allow passengers to exit.
140	140	108 (2) Has a failure alert system to notify the passenger when a system failure is detected;
141	141	109 (3) Meets the federal motor vehicle safety standards for its model year and all other
142	142	110applicable safety standards and performance requirements established by state and federal law;
143	143	111 (4) Relies on the most recent version of all software used as part of its automated driving
144	144	112system and such software has been updated to the latest available version within 30 days of the
145	145	113release of any such updated version; 7 of 14
146	146	114 (5) is clearly marked as an autonomous vehicle in a manner approved by the Registrar;
147	147	115and
148	148	116 (6) Has a system that captures and stores such data as the Department deems necessary
149	149	117through rules promulgated in accordance with the provisions of chapter 30A, after consultation
150	150	118with the Registrar. Any such system must be open-source and based on common standards, with
151	151	119an operating system that has been made public so that components performing the same function
152	152	120can be readily substituted or provided by multiple providers. The data captured and stored by
153	153	121such system shall include, but not be limited to, real-time distance traveled and real-time number
154	154	122of passengers. Data relating to real-time distance traveled and real-time number of passengers
155	155	123shall be stored, with the capability of being cross-referenced, for a reasonable time period as
156	156	124established by the Department, provided that such period shall not exceed eighteen months. Data
157	157	125relating to safety shall be stored permanently.
158	158	126 In issuing any regulations setting requirements for data collection from autonomous
159	159	127vehicles, the Department shall take all necessary steps:
160	160	128 (a) To protect the privacy of individuals including, but not limited to, the operators and
161	161	129passengers of autonomous vehicles; and
162	162	130 (b) To ensure the security of the data-collection system, the resistance of the system to
163	163	131tampering, and the accuracy of the data captured and stored by the system.
164	164	132 Such steps shall include limiting the availability of any sensitive data to the public.
165	165	133 Section 63C. Level three and autonomous vehicle testing and deployment 8 of 14
166	166	134 (A) A manufacturer or operator may test level three or autonomous vehicles on the public
167	167	135ways of the commonwealth or may test, deploy, or sell or lease for deployment autonomous
168	168	136vehicles for use on the public ways of the commonwealth only if the manufacturer or operator
169	169	137has been certified by the Registrar.
170	170	138 (B) A manufacturer or operator may apply to the Registrar for certification under this
171	171	139section. The application shall be in the form prescribed by the Registrar in consultation with the
172	172	140Department. The application shall establish that:
173	173	141 (1) The level three vehicle or autonomous vehicle and the automated driving system meet
174	174	142all applicable requirements of section 63B of this chapter; and
175	175	143 (2) The level three vehicle or autonomous vehicle shall be operated only in accordance
176	176	144with Section 63D of this chapter.
177	177	145 (C) The Registrar, in consultation with the Department, shall promulgate rules in
178	178	146accordance with the provisions of chapter 30A, for the testing of level three vehicles and the
179	179	147testing, deployment, and sale or leasing for deployment of autonomous vehicles. The rules shall
180	180	148establish standards for equipment used in and for the performance of level three and autonomous
181	181	149vehicles that the Department determines are necessary to ensure the safe operation of such
182	182	150vehicles on the public ways of the commonwealth and set inspection requirements specific to
183	183	151such vehicles. The rules shall include a waiver for autonomous vehicles of such inspection
184	184	152requirements as the Registrar deems appropriate in accordance with section 7A of chapter 90.
185	185	153The rules shall also provide for sharing of the data captured and stored in accordance with
186	186	154Section 63B(a)(6), including providing the public with open access to such data, subject to such 9 of 14
187	187	155safeguards as the Registrar deems necessary for the protection of privacy. The rules may include,
188	188	156but need not be limited to, the following:
189	189	157 (1) The establishment of a pilot program for testing level three or autonomous vehicles,
190	190	158or the phased integration and deployment of autonomous vehicles;
191	191	159 (2) Limits on the number of level three or autonomous vehicles that may be tested or, in
192	192	160the case of autonomous vehicles, deployed at any given time on the public ways of the
193	193	161commonwealth;
194	194	162 (3) Special license requirements relating to the testing or deployment of autonomous
195	195	163vehicles appropriate to the class of vehicle based on weight rating or number of passengers; and
196	196	164 (4) Criteria for revocation, suspension, or denial of an application or certification under
197	197	165this section.
198	198	166 (D) A manufacturer or operator shall submit proof of liability insurance with an
199	199	167application made under this section. Such insurance shall provide coverage in an amount to be
200	200	168established by the Registrar.
201	201	169 (E) The Registrar may certify a manufacturer or operator under this section only if the
202	202	170Registrar determines that the level three or autonomous vehicles covered by the certification are
203	203	171safe to operate on the public ways of the commonwealth. Such determination shall include at a
204	204	172minimum a finding that the level three or autonomous vehicles covered by the certification are in
205	205	173compliance with all federal standards and regulations including, but not limited to, the
206	206	174Performance Guidance set forth by the National Highway Traffic Safety Administration and
207	207	175applicable Federal Motor Vehicle Safety Standards. 10 of 14
208	208	176 (F) The Registrar by rule shall establish fees for applications made under this section.
209	209	177The fees shall be in amounts adequate to pay all administrative costs incurred by the department
210	210	178in administering this part. Zero-emission vehicles shall be exempt from application fees
211	211	179established under this section.
212	212	180 Section 63D. Operation of level three and autonomous vehicles
213	213	181 (A) A level three vehicle from a certified manufacturer may be tested on the public ways
214	214	182of the commonwealth, but only if a passenger with the proper license for the type of motor
215	215	183vehicle being tested is present and is adequately trained to pilot and monitor the vehicle as a
216	216	184fallback-ready human driver.
217	217	185 (B) Notwithstanding sections 17 and 18 of chapter 90 of the General Laws, or any
218	218	186general or special law, or regulation to the contrary, the speed limit for autonomous vehicles
219	219	187shall be 25 miles per hour on public ways in a thickly settled or business district, as defined in
220	220	188section 1 of said chapter 90, 15 miles per hour within a duly established school zone when
221	221	189children are present, and the same as the prevailing speed limit on all other public ways.
222	222	190 (C) Notwithstanding the other provisions of this chapter, any municipality with a
223	223	191population density greater than or equal to 4,500 people per square mile shall have the power to
224	224	192limit autonomous vehicles to only motor vehicles providing public transportation as set forth in
225	225	193section one of chapter 159A, transportation network vehicles as set forth in section one of
226	226	194chapter 159A1⁄2 provided that for purposes of this subsection, “driver” shall include the operator
227	227	195of an autonomous vehicle, or vehicles carrying an average of 1.8 or more passengers per vehicle
228	228	196mile traveled as calculated on a monthly basis per vehicle or fleet of commonly-owned vehicles. 11 of 14
229	229	197Any such limitation need not apply to an entire municipality but may be applied to any
230	230	198geographic area or areas within a municipality, as the municipality deems suitable.
231	231	199 (D) Notwithstanding the other provisions of this chapter, any municipality may by
232	232	200ordinance or bylaw adopted by two-thirds vote of the city council in a city or by a two-thirds
233	233	201vote of a town meeting in a town, establish a mileage limit on the distance that an autonomous
234	234	202vehicle may travel within that municipality without a passenger present in the vehicle. This shall
235	235	203not apply to freight or emergency vehicles.
236	236	204 (E) Notwithstanding the other provisions of this chapter, any municipality may by
237	237	205ordinance or bylaw adopted by two-thirds vote of the city council in a city or by a two-thirds
238	238	206vote of a town meeting in a town, establish autonomous vehicle parking charges subject to the
239	239	207following provisions:
240	240	208 (1) Autonomous vehicles may travel on any public way without a passenger present in
241	241	209the vehicle for up to two minutes.
242	242	210 (2) After two minutes, municipalities may charge any autonomous vehicle a fee in lieu of
243	243	211parking charges.
244	244	212 (3) After 30 minutes, the municipality may require any autonomous vehicle to park.
245	245	213 (4) This section shall not apply to emergency vehicles.
246	246	214 (E) Whoever violates subsection sections 63A through 63D of this chapter shall be
247	247	215subject to a fine of not more than $500 for a first violation, $1,000 for a second violation, and
248	248	216$2,500 for every violation thereafter. Any person who receives a citation for violating any
249	249	217provision of these sections may contest such citation pursuant to section three of chapter 90C. 12 of 14
250	250	218 Section 63E. Road usage charge on autonomous vehicles
251	251	219 (A) A road usage charge is imposed on autonomous vehicles that operate on the public
252	252	220ways within this state pursuant to this Chapter.
253	253	221 (B) The Department shall, in accordance with the provisions of chapter 30A, promulgate
254	254	222rules regarding the computation, assessment, and collection of the road usage charge on
255	255	223autonomous vehicles.
256	256	224 (C) In promulgating rules regarding the computation of the road usage charge on
257	257	225autonomous vehicles, the Department shall, not later than 270 days following the effective date
258	258	226of this section:
259	259	227 (1) Establish a base per-mile rate on autonomous vehicles of no less than 2.5 cents per
260	260	228mile, provided that the minimum rate imposed under this paragraph shall be adjusted at the
261	261	229beginning of each calendar year, by the percentage, if any, by which the consumer price index, as
262	262	230defined in section 1 of the Internal Revenue Code, pursuant to 26 U.S.C. section 1, for the
263	263	231preceding year exceeds the consumer price index for the calendar year that ends before such
264	264	232preceding year;
265	265	233 (2) Allow for a reduction in the base per-mile rate on autonomous vehicles that are zero-
266	266	234emission vehicles;
267	267	235 (3) Allow for a reduction in the base per-mile rate on autonomous vehicles owned and
268	268	236operated by the commonwealth or by any city or town within the commonwealth;
269	269	237 (4) Allow for reductions in the base per-mile rate on autonomous vehicles for each
270	270	238passenger in an autonomous vehicle per mile; 13 of 14
271	271	239 (4) Allow for reductions in the base per-mile rate on autonomous vehicles for each mile
272	272	240traveled during off-peak travel hours as defined by the Department;
273	273	241 (5) Allow for reductions in the base per-mile rate on autonomous vehicles for each mile
274	274	242traveled in specified geographic areas where no or few public transit options are available;
275	275	243 (6) Allow for reductions in the base per-mile rate on autonomous vehicles for operators
276	276	244whose personal income, as documented by tax returns or other credible evidence, falls below a
277	277	245threshold established by regulation;
278	278	246 (7) Impose an increased per-mile rate on autonomous vehicles for each mile traveled
279	279	247without a passenger;
280	280	248 (8) Impose an increased per-mile rate or a tiered system of increased per-mile rates on
281	281	249autonomous vehicles with a weight greater than or equal to 4,000 pounds (taking into account
282	282	250any motor vehicle fuels excise tax paid for vehicles over 8,500 pounds);
283	283	251 (9) Impose an increased per-mile rate on autonomous vehicles for each mile traveled
284	284	252between 8 am and 8 pm within a severe congestion zone as designated by the Department
285	285	253through rules promulgated under this chapter; and
286	286	254 (10) Create such exemptions as are necessary to ensure that the road usage charge is
287	287	255reasonably related to the services provided by the Department, including, but not limited to,
288	288	256exempting travel on private property and out-of-state travel.
289	289	257 Section 63F. Allocation of road usage charge revenue
290	290	258 (A) All road usage charge revenue collected from autonomous vehicles pursuant to
291	291	259Section 63E shall be credited to the commonwealth Transportation Fund. 14 of 14
292	292	260 SECTION 2. This act shall take effect upon its passage.