EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0948* SENATE BILL 948 C5 2lr3159 CF HB 696 By: Senator Kramer Introduced and read first time: February 13, 2022 Assigned to: Rules A BILL ENTITLED AN ACT concerning 1 Public Utilities – Electric School Bus Pilot Program 2 FOR the purpose of establishing an electric school bus pilot program; requiring the Public 3 Service Commission to implement and administer the pilot program; authorizing 4 investor–owned electric companies to apply to the Commission to implement an 5 electric school bus pilot program with a participating school system if the pilot 6 program meets certain standards; authorizing investor–owned electric companies to 7 recover certain costs under the pilot program, subject to the approval of the 8 Commission; and generally relating to the electric school bus pilot program. 9 BY adding to 10 Article – Public Utilities 11 Section 7–217 12 Annotated Code of Maryland 13 (2020 Replacement Volume and 2021 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Public Utilities 17 7–217. 18 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19 INDICATED. 20 (2) “ELECTRIC SCHOOL BUS ” MEANS A SCHOOL BUS THAT IS 21 POWERED EXCLUSIVELY BY AN ELECTRIC MOTOR THAT DRAWS ITS CURRE NT FROM 22 RECHARGEABLE STORAGE BATTERIES THAT ARE R ECHARGED WITH ELECTR ICITY 23 FROM AN ELECTRIC VEH ICLE CHARGING STATIO N. 24 2 SENATE BILL 948 (3) “ELECTRIC SCHOOL BUS P ILOT PROGRAM ” MEANS A PILOT 1 PROGRAM CONDUCTED BY AN INVESTOR–OWNED ELECTRIC COMPA NY UNDER THIS 2 SECTION. 3 (4) “INCREMENTAL ADMINISTR ATIVE AND OPERATING COSTS” 4 MEANS THE AMOUNT BY WHICH THE COST OF AD MINISTERING AND OPER ATING AN 5 ELECTRIC SCHOOL BUS PROGRAM EXCEEDS THE COST OF ADMINIST ERING AND 6 OPERATING A DIESEL S CHOOL BUS PROGRAM . 7 (5) “INCREMENTAL COSTS OF PURCHASING AND DEPLO YING 8 ELECTRIC SCHOOL BUSE S” MEANS THE AMOUNT BY WHICH THE COSTS OF 9 PURCHASING AND DEPLO YING ELECTRIC SCHOOL BUSES EXCEEDS THE CO STS OF 10 PURCHASING AND DEPLO YING DIESEL SCHOOL BUSE S. 11 (6) “INTERCONNECTION EQUIP MENT” MEANS A GROUP OF 12 COMPONENTS OR AN INT EGRATED SYSTEM THAT CONNECTS AN ELECTRIC VEHICLE 13 CHARGING STATION WIT H THE DISTRIBUTION S YSTEM OF AN INVESTOR –OWNED 14 ELECTRIC COMPANY . 15 (7) “INTERCONNECTION FA CILITIES” MEANS FACILITIES REQ UIRED 16 BY AN INVESTOR –OWNED ELECTRIC COMPA NY TO ACCOMMODATE TH E 17 INTERCONNECTION OF A N ELECTRIC VEHICLE C HARGING STATION . 18 (8) “PARTICIPATING SCHOOL SYSTEM” MEANS A SCHOOL SYSTE M 19 LOCATED WITHIN AN IN VESTOR–OWNED ELECTRIC COMPANY’S SERVICE TERRITORY 20 THAT: 21 (I) PARTICIPATES IN AN E LECTRIC SCHOOL BUS P ILOT 22 PROGRAM UNDER AN AGR EEMENT BETWEEN ITS S CHOOL BOARD AND AN 23 INVESTOR–OWNED ELECTRIC COMPA NY; AND 24 (II) OWNS ITS SCHOOL BUSE S OR CONTRACTS WITH ANOTHER 25 ENTITY FOR SCH OOL BUS SERVICES . 26 (9) “PROGRAM COSTS ” MEANS: 27 (I) ANY COSTS TO DEPLOY APPROPRIATE ELECTRIC SCHOOL 28 BUS CHARGING INFRAST RUCTURE THAT ARE INC URRED BY AN INVESTOR –OWNED 29 ELECTRIC COMPANY IN IMPLEMENTING AN ELEC TRIC SCHOOL BUS PILO T 30 PROGRAM; AND 31 (II) REBATES PAID TO A PA RTICIPATING SCHOOL S YSTEM. 32 SENATE BILL 948 3 (10) “REBATE” MEANS AN INCENTIVE P ROVIDED BY AN 1 INVESTOR–OWNED ELECTRIC COMPA NY TO A PARTICIPATIN G SCHOOL SYSTEM THAT 2 IS EQUAL TO: 3 (I) THE INCREMENTAL COST S OF PURCHASING AND 4 DEPLOYING ELECTRIC S CHOOL BUSES TO PARTICIPATI NG SCHOOL SYSTEMS ; AND 5 (II) THE INCREMENTAL ADMINISTRATIVE AND O PERATING 6 COSTS INCURRED BY A PARTICIPATING SCHOOL SYSTEM IN IMPLEMENTI NG ITS 7 ELECTRIC SCHOOL BUS PILOT PROGRAM . 8 (B) (1) THERE IS AN ELECTRIC SCHOOL BUS PILOT PROGRAM. 9 (2) THE ELECTRIC SCHOOL B US PILOT PROGRAM SHA LL BE 10 IMPLEMENTED AND ADMI NISTERED BY THE COMMISSION AND SHALL OPERATE AS 11 PROVIDED IN THIS SEC TION. 12 (C) AN INVESTOR –OWNED ELECTRIC COMPA NY MAY APPLY TO THE 13 COMMISSION TO IMPLEME NT AN ELECTRIC SCHOO L BUS PILOT PROGRAM IF THE 14 PILOT PROGRAM IS STR UCTURED TO: 15 (1) COMMENCE ON OR BEFORE OCTOBER 1, 2024; 16 (2) PROVIDE FOR THE DEPL OYMENT OF NOT FEWER THAN 25 17 ELECTRIC SCHOOL BUSE S; 18 (3) PROVIDE FOR ELECTRIC SCHOOL BUS REBATES T O 19 PARTICIPATING SCHOOL SYSTEMS; 20 (4) LIMIT TOTAL REBATES TO $50,000,000; 21 (5) ALLOW THE INVESTOR –OWNED ELECTRIC COMPA NY TO USE THE 22 STORAGE BATTERIES OF THE ELECTRIC SCHOOL BUSES TO ACCESS THE STORED 23 ELECTRICITY THROUGH VEHICLE–TO–GRID TECHNOLOGY : 24 (I) EXCEPT AS PROVIDED I N ITEM (6) OF THIS SUBSECTION , 25 WITHOUT ADDITIONAL C OMPENSATION TO THE S CHOOL SYSTEM FOR THE 26 ELECTRICITY; AND 27 (II) AT TIMES WHEN THE PA RTICIPATING SCHOOL S YSTEM 28 DETERMINES THAT THE SCHOOL BUSES ARE NOT NEEDED TO TRANSPORT 29 STUDENTS; 30 (6) ENSURE THAT IF THE INVESTOR –OWNED UTILITY USES 31 4 SENATE BILL 948 ELECTRICITY THAT A P ARTICIPATING SCHOOL SYSTEM PROVIDES TO C HARGE AN 1 ELECTRIC SCHOOL BUS BATTERY, THE INVESTOR –OWNED UTILITY REPLAC ES THAT 2 ELECTRICITY AT NO CO ST TO THE PARTICIPAT ING SCHOOL SYSTEM ; 3 (7) PROVIDE FOR THE SE LECTION OF SCHOOL SY STEMS THAT APPLY 4 TO PARTICIPATE IN TH E PILOT PROGRAM ON T HE BASIS OF APPROPRI ATE FACTORS 5 DETERMINED BY THE IN VESTOR–OWNED ELECTRIC COMPA NY WITH THE APPROVAL 6 OF THE COMMISSION, INCLUDING THE LOCATI ONAL BENEFITS THAT T HE STORAGE 7 BATTERIES OF SCHOOL BUSES MAY BRING TO THE INVESTO R–OWNED ELECTRIC 8 COMPANY; 9 (8) CONSIDER, IN DETERMINING THE A PPROPRIATE FACTORS U NDER 10 ITEM (7) OF THIS SUBSECTION , THE HEALTH AND ECONO MIC EFFECTS ON 11 LOW–INCOME AND MINORITY COMMUNITIES ; 12 (9) PROVIDE AND INSTALL THE INTERCONNECTION EQUIPMENT AND 13 INTERCONNECTION FACI LITIES FOR ELECTRIC VEHICLE CHARGING STA TIONS AND 14 TRAIN SCHOOL PERSONN EL IN THE PROPER USE OF THE EQUIPMENT AND 15 FACILITIES; 16 (10) EQUIP EACH ELECTRONI C SCHOOL BUS WITH LA P AND SHOULDER 17 BELTS IN ACCORDANCE WITH RECOMMENDATIONS FROM THE NATIONAL 18 TRANSPORTATION SAFETY BOARD; AND 19 (11) PROVIDE THE SCHOOL B OARD WITH ADEQUATE T RAINING AND 20 EXPERTISE TO OPERATE ABLY ELECTRIC SCHOOL BUSES, ELECTRIC VEHICLE 21 CHARGING STATIONS , AND ASSOCIATED INFRASTRUCTURE . 22 (D) A PARTICIPATING SCHOOL SYSTEM SHALL : 23 (1) WHEN DEPLOYING ELECT RIC SCHOOL BUSES , CONSIDER 24 CRITERIA THAT BENEFI T STUDENTS WHO ARE E LIGIBLE FOR FREE AND 25 REDUCED PRICE MEALS ; AND 26 (2) BEFORE THE DELIVERY OF ELECTRIC SCHOOL B USES, DEVELOP A 27 PLAN FOR TRAINING AN D RETAINING ANY SCHO OL SYSTEM EMPLOYEE A FFECTED BY 28 THE ELECTRIC SCHOOL BUS PILOT PROGRAM . 29 (E) (1) SUBJECT TO THE COMMISSION’S APPROVAL , AN 30 INVESTOR–OWNED ELECTRIC COMPA NY MAY R ECOVER ALL REASONABL E AND 31 PRUDENT PROGRAM COST S INCURRED UNDER AN ELECTRIC SCHOOL BUS PILOT 32 PROGRAM THROUGH A RA TE APPLICATION TO BE REVIEWED AND APPROVE D BY THE 33 COMMISSION. 34 SENATE BILL 948 5 (2) A RATE APPLICATION UND ER THIS SUBSECTION S HALL INCLUDE 1 CONFORMING CHANGES T O THE PARTICIPATING INVESTOR–OWNED ELECTRIC 2 COMPANY’S APPLICABLE RATE SC HEDULES. 3 (3) SUBJECT TO THE COMMISSION’S APPROVAL , THE ELECTRIC 4 SCHOOL BUS PILOT PRO GRAM SHALL BECOME A REGULAR RATE SCHEDUL E OF THE 5 PARTICIPATING INVEST OR–OWNED ELECTRIC COMPA NY. 6 (F) SUBJECT TO THE COMMISSION’S APPROVAL , AN INVESTOR –OWNED 7 ELECTRIC COMPANY MAY ESTABLISH A PILOT TA RIFF OR RATE TO PROV IDE SERVICE 8 TO AN ELECTRIC SCHOO L BUS. 9 (G) AN INVESTOR –OWNED ELECTRIC COMPA NY THAT APPLIES TO 10 IMPLEMENT AN ELECTRI C SCHOOL BUS PILOT PROGRAM SHALL PROVID E TO THE 11 COMMISSION ANY INFORM ATION, DATA, AND ANALYSIS THAT TH E COMMISSION 12 REQUIRES. 13 (H) THE COMMISSION SHALL APPR OVE, DENY, OR APPROVE WITH 14 MODIFICATIONS AN INV ESTOR–OWNED ELECTRIC COMPA NY’S APPLICATION TO 15 IMPLEMENT AN ELECTRI C SCHOOL BUS PILOT PROGRA M. 16 (I) (1) AN INVESTOR–OWNED ELECTRIC COMPA NY THAT ESTABLISHES 17 AN ELECTRIC SCHOOL B US PILOT PROGRAM AUT HORIZED BY THIS SECT ION SHALL, 18 IN CONSULTATION WITH EACH PARTICIPATING S CHOOL SYSTEM , BY FEBRUARY 1, 19 2024, AND EACH YEAR THEREA FTER FOR THE DURATION OF THE PILOT PROGRAM , 20 REPORT ON THE STATUS OF THE PILOT PROGRAM TO THE GOVERNOR, THE 21 COMMISSION, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 22 ARTICLE, THE HOUSE ECONOMIC MATTERS COMMITTEE AND THE SENATE 23 FINANCE COMMITTEE. 24 (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 25 SUBSECTION SHALL INC LUDE: 26 (I) AN EVALUATION OF THE ENVIRONMENTAL AND HE ALTH 27 BENEFITS OF THE PILO T PROGRAM; AND 28 (II) THE FINANCIAL COSTS AND BENEFITS OF IMPL EMENTING 29 THE PILOT PROGRAM TO THE PARTICIPATING SC HOOL SYSTEM AND THE 30 INVESTOR–OWNED UTILITY , INCLUDING: 31 1. THE DEPLOYMENT , OPERATION, AND MAINTENANCE 32 OF THE ELECTRIC SCHO OL BUSES; AND 33 2. THE USE OF VEHIC LE–TO–GRID TECHNOLOGY . 34 6 SENATE BILL 948 (J) THE INITIAL DURATION OF AN ELECTRIC SCHOO L BUS PILOT PROGRAM 1 SHALL BE AT LEAST 3 YEARS AND MAY NOT EX CEED 5 YEARS. 2 (K) ON THE REQUEST OF AN INVESTOR–OWNED ELECTRIC COMPA NY, THE 3 COMMISSION MAY AUTHOR IZE AN EXPANSION OF THE SCOPE, DEPLOYMENT , 4 PROGRAM COSTS , AND DURATION OF THE ELECTRIC SCHOOL BUS PILOT PROGRAM . 5 SECTION 2. AND BE IT FURTHER ENACTED, That the General Assemb ly 6 encourages electric school bus pilot program applicants to seek any federal funds that may 7 be available to the applicants, including funds available under the Infrastructure and 8 Investment Jobs Act. 9 SECTION 3. AND BE IT FURTHER ENACTED, That, where f easible, the General 10 Assembly encourages electric school bus pilot program applicants to produce or procure 11 electricity generated by renewable resources to power electric school bus charging 12 infrastructure. 13 SECTION 4. AND BE IT FURTHER ENACTED, That thi s Act shall take effect June 14 1, 2022. 15