LAWRENCE J. HOGAN, JR., Governor Ch. 463
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Chapter 463
(Senate Bill 61)
AN ACT concerning
Maryland Transit Administration – Conversion to Zero–Emission Buses
(Zero–Emission Bus Transition Act Revisions)
FOR the purpose of requiring the Maryland Transit Administration to provide certain
safety and workforce development training for its operations training workforce and
its maintenance workforce; requiring the Administration’s annual report on the
implementation of the conversion of the State’s transit bus fleet to zero–emission
buses to include a plan that ensures certain employee protections and a certification
that the Administration is adhering to the plan; and generally relating to converting
the State’s transit bus fleet to zero–emission buses.
BY repealing and reenacting, with amendments,
Article – Transportation
Section 7–406
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 – Transportation
7–406.
(a) (1) In this section the following words have the meanings indicated.
(2) “Alternative–fuel bus” means a motor vehicle that:
(i) Is designed to carry more than 10 passengers and is used to carry
passengers for compensation;
(ii) Is not powered by diesel or gasoline;
(iii) Provides greenhouse gas emissions reductions in comparison to
an equivalent diesel–powered vehicle; and
(iv) Is not a taxicab.
(3) “Bus” has the meaning stated in § 11–105 of this article.
(4) “Zero–emission bus” means a motor vehicle that is: Ch. 463 2022 LAWS OF MARYLAND
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(i) Designed to carry more than 10 passengers and is used to carry
passengers for compensation;
(ii) A zero–emission vehicle; and
(iii) Not a taxicab.
(5) “Zero–emission vehicle” means:
(i) A fuel cell electric vehicle that:
1. Is a motor vehicle;
2. Is made by a manufacturer;
3. Is manufactured primarily for use on public streets, roads,
and highways;
4. Has a maximum speed capability of at least 55 miles per
hour;
5. Is powered entirely by electricity, produced by combining
hydrogen and oxygen, that runs the motor;
6. Has an operating range of at least 100 miles; and
7. Produces only water vapor and heat as by–products; or
(ii) A plug–in electric drive vehicle that:
1. Is a motor vehicle;
2. Is made by a manufacturer;
3. Has a maximum speed capability of at least 55 miles per
hour; and
4. Is propelled by an electric motor that draws electricity
from a battery that:
A. Has a capacity of not less than 4 kilowatt–hours; and
B. Is capable of being recharged from an external source of
electricity.
LAWRENCE J. HOGAN, JR., Governor Ch. 463
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(b) (1) This section applies to the Administration’s State transit bus fleet.
(2) This section does not apply to a bus that is part of a locally operated
transit system.
(c) (1) Except as provided in paragraph (2) of this subsection, beginning in
fiscal year 2023, the Administration may not enter into a contract to purchase buses for the
Administration’s State transit bus fleet that are not zero–emission buses.
(2) If the Administration determines that no available zero–emission bus
meets the performance requirements for a particular use, the Administration may purchase
an alternative–fuel bus for that use.
(3) The full cost of zero–emission and alternative–fuel buses purchased
under this subsection shall be paid from the Transportation Trust Fund.
(d) (1) THE ADMINISTRATION SHAL L PROVIDE SAFETY AND WORKFORCE
DEVELOPMENT TRAINING FOR ITS:
(I) OPERATIONS TRAINING W ORKFORCE; AND
(II) MAINTENANCE WORKFORCE IN A MANNER THAT ENA BLES
THE MAINTENANCE WORK FORCE TO SAFELY REPA IR AND MAINTAIN :
1. THE ADMINISTRATION ’S ZERO–EMISSION BUSES AND
ALL THEIR COMPONENTS ; AND
2. THE CHARGING INFRASTR UCTURE FOR THE
ZERO–EMISSION BUSES .
(2) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL INC LUDE REGISTERED APPR ENTICESHIPS AND OTHE R
LABOR–MANAGEMENT TRAINING PROGRAMS TO ADDRESS THE IMPACT OF THE
TRANSITION TO ZERO –EMISSION BUSES ON TH E ADMINISTRATION ’S WORKFORCE .
(E) The Administration shall ensure the development of charging infrastructure
to support the operation of zero–emission buses in the State transit bus fleet.
[(e)] (F) (1) On or before January 1, 2022, and each January 1 thereafter, the
Administration shall, in accordance with § 2–1257 of the State Government Article, submit
a report to the Senate Budget and Taxation Committee, the Senate Education, Health, and
Environmental Affairs Committee, the House Appropriations Committee, and the House
Environment and Transportation Committee on the implementation of this section.
(2) The annual report shall include: Ch. 463 2022 LAWS OF MARYLAND
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(i) A schedule for converting the Administration’s State transit bus
fleet to zero–emission buses;
(ii) An evaluation of the charging infrastructure needed for the
Administration to create and maintain a State transit bus fleet of zero–emission buses;
(iii) A plan for [transitioning]:
1. TRANSITIONING any State employees adversely affected
by the conversion from a diesel–powered State transit bus fleet to a zero–emission State
transit bus fleet to similar or other employment within the Administration or Department
that has commensurate seniority, pay, and benefits;
2. ENSURING THAT NO DUTI ES OR FUNCTIONS OF STATE
EMPLOYEES ARE TRANSF ERRED TO A CONTRACTI NG ENTITY AS A RESUL T OF THE
CONVERSION FROM A DI ESEL–POWERED STATE TRANSIT BUS FLE ET TO A
ZERO–EMISSION STATE TRANSIT BUS FLE ET; AND
3. ENSURING THAT ANY ENT ITY OTHER THAN THE
ADMINISTRATION THAT O PERATES OR MAINTAINS ZERO–EMISSION BUSES ON
BEHALF OF THE ADMINISTRATION PROVID ES EMPLOYEE PROTECTI ONS
EQUIVALENT TO THE PR OTECTIONS REQUIRED B Y THE PLAN;
(IV) A CERTIFICATION THAT T HE ADMINISTRATION IS
ADHERING TO THE PLAN REQUIRED UNDER ITEM (III) OF THIS PARAGRAPH ;
[(iv)] (V) In coordination with other appropriate State agencies, an
estimate of the reduction in the amount of carbon dioxide emissions, measured in pounds,
that will be obtained through the use of zero–emission buses each year until the State
transit bus fleet is converted to zero–emission buses; and
[(v)] (VI) A financial analysis:
1. Of the projected cost of purchasing, maintaining, and
providing charging infrastructure for the zero–emission State transit bus fleet each year
until the fleet is converted to zero–emission buses; and
2. Comparing the projected cost under item 1 of this item to
the projected cost of continuing to operate a diesel–powered State transit bus fleet.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.