Maryland 2022 Regular Session

Maryland House Bill HB696 Latest Draft

Bill / Chaptered Version Filed 06/07/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 570 
 
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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  
 
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 (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 
 
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 (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  
 
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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 
 
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 (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  
 
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 (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.