LAWRENCE J. HOGAN, JR., Governor Ch. 570 – 1 – Chapter 570 (House Bill 696) AN ACT concerning Public Utilities – Electric School Bus Pilot Program FOR the purpose of establishing an electric school bus pilot program; requiring the Public Service Commission to implement and administer the pilot program; authorizing investor–owned electric companies to apply to the Commission to implement an electric school bus pilot program with a participating school system if the pilot program meets certain standards; authorizing investor–owned electric companies to recover certain costs under the pilot program, subject to the approval of the Commission; and generally relating to the electric school bus pilot program. BY adding to Article – Public Utilities Section 7–217 Annotated Code of Maryland (2020 Replacement Volume and 2021 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Public Utilities 7–217. (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) “ELECTRIC SCHOOL BUS ” MEANS A SCHOOL BUS T HAT IS POWERED EXCLUSIVELY BY AN ELECTRIC MOTOR THAT DRAWS ITS CURRENT FROM RECHARGEABLE STORAGE BATTERIES THAT ARE R ECHARGED WITH ELECTR ICITY FROM AN ELECTRIC VEH ICLE CHARGING STATIO N. (3) “ELECTRIC SCHOOL BUS P ILOT PROGRAM ” MEANS A PILOT PROGRAM CONDUCTED BY AN INVESTOR–OWNED ELECTRIC COMPA NY UNDER THIS SECTION. (4) “INCREMENTAL ADMINISTR ATIVE AND OPERATING COSTS” MEANS THE AMOUNT BY WHICH THE COST OF AD MINISTERING AND OPER ATING AN ELECTRIC SCHOOL BUS PROGRAM EXCEEDS THE COST OF ADMINISTERIN G AND OPERATING A DIESEL S CHOOL BUS PROGRAM . Ch. 570 2022 LAWS OF MARYLAND – 2 – (5) “INCREMENTAL C OSTS OF PURCHASING A ND DEPLOYING ELECTRIC SCHOOL BUSE S” MEANS THE AMOUNT BY WHICH THE COSTS OF PURCHASING AND DEPLO YING ELECTRIC SCHOOL BUSES EXCEEDS EXCEED THE COSTS OF PURCHASING AND DEPLOYING DIESEL SCHOOL BUSES . (6) “INTERCONNECTION EQUIP MENT” MEANS A GROUP OF COMPONENTS OR AN INT EGRATED SYSTEM THAT CONNECTS AN ELECTRIC VEHICLE CHARGING STATION WIT H THE DISTRIBUTION S YSTEM OF AN INVESTOR –OWNED ELECTRIC COMPANY . (7) “INTERCONNECTION FACIL ITIES” MEANS FACILITIES REQ UIRED BY AN INVESTOR –OWNED ELECTRIC COMPANY TO ACCOMMODATE THE INTERCONNECTION OF A N ELECTRIC VEHICLE C HARGING STATION . (8) “PARTICIPATING SCHOOL SYSTEM” MEANS A SCHOOL SYSTE M LOCATED WITHIN AN IN VESTOR–OWNED ELECTRIC COMPA NY’S SERVICE TERRITORY THAT: (I) PARTICIPATES IN AN E LECTRIC SCHOOL BUS P ILOT PROGRAM UNDER AN AGR EEMENT BETWEEN ITS S CHOOL BOARD AND AN INVESTOR–OWNED ELECTRIC COMPA NY; AND (II) OWNS ITS SCHOOL BUSE S OR CONTRACTS WITH ANOTHER ENTITY FOR SCHOOL BU S SERVICES. (9) “PROGRAM COSTS ” MEANS: (I) ANY COSTS TO DEPLOY APPROPRIATE ELECTRIC SCHOOL BUS CHARGING INFRAST RUCTURE THAT ARE INC URRED BY AN INVESTOR –OWNED ELECTRIC COMPANY IN IMPLEMENTING AN ELEC TRIC SCHOOL BUS PILO T PROGRAM; AND (II) REBATES PAID TO A PA RTICIPATING SCHOOL S YSTEM. (10) “REBATE” MEANS AN INCENTIVE P ROVIDED BY AN INVESTOR–OWNED ELECTRIC COMPA NY TO A PARTICIPATIN G SCHOOL SYSTEM THAT IS EQUAL TO: (I) THE DEMONSTRABLE INCREMENTAL COSTS OF PURCHASING AND DEPLO YING ELECTRIC SCHOOL BUSES TO PARTICIPATI NG SCHOOL SYSTEMS; AND LAWRENCE J. HOGAN, JR., Governor Ch. 570 – 3 – (II) THE INCREMENTAL ADMINISTRATIVE AND O PERATING COSTS INCURRED BY A PARTICIPATING SCHOOL SYSTEM IN IMPLEMENTI NG ITS ELECTRIC SCHOOL BUS PILOT PROGRAM . (B) (1) THERE IS AN ELECTRIC SCHOOL BUS PILOT PRO GRAM. (2) THE ELECTRIC SCHOOL BUS PILOT PROGRAM SH ALL BE IMPLEMENTED AND ADMI NISTERED BY THE COMMISSION AND SHALL OPERATE AS PROVIDED IN THIS SEC TION. (C) AN INVESTOR –OWNED ELECTRIC COMPA NY MAY APPLY TO THE COMMISSION TO IMPLEME NT AN ELECTRIC SCHOO L BUS PILOT PROGRAM IF THE PILOT PROGRAM IS STRUCTURED T O: (1) COMMENCE ON OR BEFORE OCTOBER 1, 2024; (2) PROVIDE FOR THE DEPL OYMENT OF NOT FEWER THAN 25 ELECTRIC SCHOOL BUSE S; (3) PROVIDE FOR ELECTRIC SCHOOL BUS REBATES T O PARTICIPATING SCHOOL SYSTEMS; (4) LIMIT TOTAL REBATES TO $50,000,000; (5) ALLOW THE INVESTOR –OWNED ELECTRIC COMPA NY TO USE THE STORAGE BATTERIES OF THE ELECTRIC SCHOOL BUSES TO ACCESS THE STORED ELECTRICITY THROUGH VEHICLE–TO–GRID TECHNOLOGY : (I) EXCEPT AS PROVIDED I N ITEM (6) OF THIS SUBSECTION , WITHOUT ADDITIONAL COMPENSAT ION TO THE SCHOOL SY STEM FOR THE ELECTRICITY; AND (II) AT TIMES WHEN THE PA RTICIPATING SCHOOL S YSTEM DETERMINES THAT THE SCHOOL BUSES ARE NOT NEEDED TO TRANSPORT STUDENTS; (6) ENSURE THAT IF THE I NVESTOR–OWNED UTILITY USES ELECTRICITY THAT A PARTIC IPATING SCHOOL SYSTE M PROVIDES TO CHARGE AN ELECTRIC SCHOOL BUS BATTERY, THE INVESTOR–OWNED UTILITY REPLAC ES THAT ELECTRICITY AT NO CO ST TO THE PARTICIPAT ING SCHOOL SYSTEM ; (7) PROVIDE FOR THE SELE CTION OF SCHOOL SYST EMS THAT APPLY TO PARTICIPATE IN THE PILOT PROGRAM ON THE BASIS OF APPROPRIATE FACTORS DETERMINED BY THE IN VESTOR–OWNED ELECTRIC COMPA NY WITH THE APPROVAL Ch. 570 2022 LAWS OF MARYLAND – 4 – OF THE COMMISSION, INCLUDING THE LOCATI ONAL BENEFITS THAT T HE STORAGE BATTERIES OF SCHOOL BUSES MAY BRING TO T HE INVESTOR–OWNED ELECTRIC COMPANY; (8) CONSIDER, IN DETERMINING THE A PPROPRIATE FACTORS U NDER ITEM (7) OF THIS SUBSECTION , THE HEALTH AND ECONO MIC EFFECTS ON LOW–INCOME AND MINORITY COMMUNITIES ; (9) PROVIDE AND INSTALL THE INTERCONNECTION EQUIPMENT AND INTERCONNECTION FACIL ITIES FOR ELECTRIC V EHICLE CHARGING STAT IONS AND TRAIN SCHOOL PERSONN EL IN THE PROPER USE OF THE EQUIPMENT AND FACILITIES; (10) EQUIP ENSURE EACH ELECTRONIC ELECTRIC SCHOOL BUS IS EQUIPPED WITH LAP AND SHOULDER BEL TS IN ACCORDANCE WITH RECOMMENDATIONS FROM THE NATIONAL TRANSPORTATION SAFETY BOARD; AND (11) PROVIDE ENSURE THE SCHOOL BOARD IS PROVIDED WITH ADEQUATE TRAINING AN D EXPERTISE TO OPERA TE ABLY ELECTRIC SCH OOL BUSES, ELECTRIC VEHICLE CHA RGING STATIONS , AND ASSOCIATED INFRA STRUCTURE . (D) A PARTICIPATING SCHOOL SYSTEM SHALL : (1) WHEN DEPLOYING ELECT RIC SCHOOL BUSES , CONSIDER CRITERIA THAT BENEFI T STUDENTS WHO ARE E LIGIBLE FOR FREE AND REDUCED PRICE MEALS ; AND (2) BEFORE THE DELIVERY OF ELECTRIC SCHOOL B USES, DEVELOP A PLAN FOR TRAINING AN D RETAINING ANY SCHO OL SYSTEM EMPLOYEE A FFECTED BY THE ELECTRIC SCHOOL BUS PILOT PROGRAM . (E) (1) SUBJECT TO THE COMMISSION’S APPROVAL , AN INVESTOR–OWNED ELECTRIC COMPA NY MAY R ECOVER ALL REASONABL E AND PRUDENT PROGRAM COST S INCURRED UNDER AN ELECTRIC SCHOOL BUS PILOT PROGRAM THROUGH A RATE APPLICATION TO BE MECHANISM THAT IS REVIEWED AND APPROVED BY THE COMMISSION. (2) A RATE APPLICATION UND ER THIS SUBSECTION S HALL INCLUDE CONFORMING CHANGES T O THE PARTICIPATING INVESTOR–OWNED ELECTRIC COMPANY’S APPLICABLE RATE SC HEDULES. LAWRENCE J. HOGAN, JR., Governor Ch. 570 – 5 – (3) SUBJECT TO THE COMMISSION’S APPROVAL , THE ELECTRIC SCHOOL BUS PILOT PRO GRAM SHALL BECOME A REGULAR RATE SCHEDUL E OF THE PARTICIPATING INVEST OR–OWNED ELECTRIC COMPANY . (F) SUBJECT TO THE COMMISSION’S APPROVAL, AN INVESTOR –OWNED ELECTRIC COMPANY MAY ESTABLISH A PILOT TA RIFF OR RATE TO PROV IDE SERVICE TO AN ELECTRIC SCHOO L BUS. (G) AN INVESTOR –OWNED ELECTRIC COMPA NY THAT APPLIES TO IMPLEMENT AN ELECT RIC SCHOOL BUS PILOT PROGRAM SHALL PROVID E TO THE COMMISSION ANY INFORM ATION, DATA, AND ANALYSIS THAT TH E COMMISSION REQUIRES. (H) THE COMMISSION SHALL APPR OVE, DENY, OR APPROVE WITH MODIFICATIONS AN INV ESTOR–OWNED ELECTRIC COMPA NY’S APPLICATION TO IMPLEMENT AN ELECTRIC SCH OOL BUS PILOT PROGRA M. (I) (1) AN INVESTOR–OWNED ELECTRIC COMPA NY THAT ESTABLISHES AN ELECTRIC SCHOOL B US PILOT PROGRAM AUT HORIZED BY THIS SECT ION SHALL, IN CONSULTATION WITH EACH PARTICIPATING S CHOOL SYSTEM , BY FEBRUARY 1, 2024 2025, AND EACH YEAR THEREA FTER FOR THE DURATIO N OF THE PILOT PROGRAM, REPORT ON THE STATUS OF THE PILOT PROGRAM TO THE GOVERNOR, THE COMMISSION, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE HOUSE ECONOMIC MATTERS COMMITTEE AND THE SENATE FINANCE COMMITTEE. (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS SUBSECTION SHALL INC LUDE: (I) AN EVALUATION OF THE ENVIRONMENTAL AND HE ALTH BENEFITS OF THE PILO T PROGRAM; AND (II) THE FINANCIAL COSTS AND BENEFITS OF IMPL EMENTING THE PILOT PROGRAM TO THE PARTICIPATING SCHOOL SYSTEM AND THE INVESTOR–OWNED UTILITY , INCLUDING: 1. THE DEPLOYMENT , OPERATION, AND MAINTENANCE OF THE ELECTRIC SCHO OL BUSES; AND 2. THE USE OF VEHICLE –TO–GRID TECHNOLOGY . (J) THE INITIAL DURATION OF AN ELECTRIC SCHOOL B US PILOT PROGRAM SHALL BE AT LEAST 3 YEARS AND MAY NOT EX CEED 5 YEARS. Ch. 570 2022 LAWS OF MARYLAND – 6 – (K) ON THE REQUEST OF AN INVESTOR–OWNED ELECTRIC COMPA NY, THE COMMISSION MAY AUTHOR IZE AN EXPANSION OF THE SCOPE, DEPLOYMENT , PROGRAM COSTS , AND DURATION OF THE ELECTRIC SCHOOL BUS PILOT PROGRAM . SECTION 2. AND BE IT FURTHER ENACTED, That , with respect to the electric school bus pilot program under § 7–217 of the Public Utilities Article, as enacted by Section 1 of this Act: (1) the General Assembly encourages electric school bus pilot program applicants to seek any federal funds that may be available to the applicants, including funds available under the federal Infrastructure and Investment Jobs Act.; and (2) SECTION 3. AND BE IT FURTHER ENACTED, That, where feasible, the General Assembly encourages electric school bus pilot program applicants to produce or procure electricity generated by renewable resources to power electric school bus charging infrastructure. SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2022. Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.