HOUSE DOCKET, NO. 3282        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3888

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Thomas A. Golden, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the purchase of new and pre-owned electric vehicles.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3282        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3888

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to the purchase of new and pre-owned electric vehicles.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 21A of the General Laws is hereby amended by adding the following 2 sections:-

Section 29. The secretary or a designee, in consultation with the secretary of transportation, shall establish a competitive grant program to provide monies and technical assistance to a regional transit authority for the purpose of implementing innovative transportation planning and fleet electrification projects. The monies shall be used to purchase and use electric vehicles and associated electric vehicle charging infrastructure, including public electric vehicle charging stations, as defined in section 16 of chapter 25A. Special consideration shall be given to a regional transit authority to study the feasibility of replacing existing light-duty vehicle and bus fleets with electric vehicles; provided, that the regional transit authority provides service to a municipality that is authorized to receive funds for the purpose of expanding their transportation system by creating an intermodal, interconnected system that connects neighborhoods, college and university campuses and downtown commercial and cultural districts pursuant to chapter 79 of the acts of 2014.

The secretary or a designee may consider a variety of funding sources to fund and implement the grant program, including, but not limited to: (i) the use of alternative compliance payments established and administered pursuant to section 11F of chapter 25A; and (ii) the use of funds from the governor’s capital spending plans.

The secretary shall not prohibit a regional transit authority participating in the program from participating in: (i) electric vehicle infrastructure programs operated by an electric distribution company to defray costs of deploying electric vehicle charging infrastructure, including public electric vehicle charging stations; or (ii) a partnership with a state university, community college or private fleet operator for shared utilization of electric vehicles and electric vehicle charging infrastructure, including public electric vehicle charging stations, to defray costs of deploying electric vehicle charging infrastructure, including public electric vehicle charging stations, and purchasing and using electric vehicles. In awarding a grant under this section, the secretary may consider participation in a program described in clause (i) or (ii) by a regional transit authority.

To be eligible for the program, a regional transit authority shall file an application with the secretary in a manner to be prescribed by the secretary consistent with the goals of the program.

The secretary or a designee shall submit an annual report detailing the results of the program to the house and senate chairs of the joint committee on telecommunications, utilities and energy and the clerks of the house of representatives and senate.

Section 30. The secretary or a designee, in consultation with the carbon reduction research center, authorized by section 16 of chapter 188 of the acts of 2016, may conduct a study or pilot project or provide technical or financial assistance for the purpose of facilitating innovative transportation planning, fleet electrification and emissions reductions.

SECTION 2. Chapter 25A of the General Laws is hereby amended by inserting after section 11I the following 3 sections:-

Section 11J. The commissioner shall establish an electric vehicle dealership rebate program to provide rebates to car dealerships in the commonwealth that sell or lease eligible electric vehicles to consumers. An eligible vehicle shall not have a final purchase price of more than $75,000 and shall belong to 1 of the following classifications: (i) battery electric vehicles; (ii) plug-in hybrid vehicles; (iii) fuel-cell electric vehicles; or (iv) zero-emission motorcycles. The rebate shall be $400 for each eligible vehicle sold or leased; provided, that not less than $200 of the rebate shall be provided to the salesperson that sold or leased the eligible vehicle; and provided, further that the commission of the salesperson shall remain unaffected by the receipt of a rebate.

The commissioner may promulgate rules and regulations necessary for the administration of the electric vehicle dealership rebate program.

Section 11K. (a) The commissioner shall establish a program providing rebates to consumers who purchase or lease a qualifying electric vehicle. For the purpose of this program, qualifying electric vehicles are those that: (1) are made by a manufacturer primarily for use on public streets, roads and highways; (2) have not been modified from the original manufacturer’s specifications; (3) have been acquired for use or lease by the consumer and not for resale; (4) have a shipping weight not exceeding 8,500 pounds; (5) have a speed capability of at least 55 miles per hour; (6) are propelled, to a significant extent, by an electric motor that draws electricity from a battery; and (7) belongs to one of the following classifications: (i) battery electric vehicles; (ii) plug-in hybrid vehicles; (iii) fuel-cell electric vehicles; (iv) or zero-emission motorcycles.

(b) The rebate for a battery electric vehicle, a plug-in hybrid electric vehicle or a fuel-cell electric vehicle with a final purchase price of less than $40,000 shall be no less than $5,000.

(c) The commissioner shall promulgate rules and regulations necessary to administer the rebate program established in this section; provided, that no rules or regulations shall be established that prohibit, or have the effect of prohibiting, the eligibility of all vehicles belonging to 1 of the following classifications: (i) battery electric vehicles; (ii) plug-in hybrid electric vehicles; (iii) fuel-cell electric vehicles; or (iv) zero-emission motorcycles.

(d) The commissioner shall review the rules and regulations promulgated pursuant to subsection (c), if any, on a biennial basis. If the commissioner deems it appropriate to make any changes to the program, the commissioner shall prepare a report to be submitted to the joint committee on telecommunications, utilities and energy and the joint committee on transportation detailing the changes and providing a rationale for the changes.

Section 11L. (a) The commissioner shall establish a program providing rebates to consumers who purchase a qualifying used or pre-owned electric vehicle. For the purpose of this program, qualifying vehicles are those that: (1) are made by a manufacturer primarily for use on public streets, roads and highways; (2) have not been modified from the original manufacturer’s specifications; (3) have been acquired for use by the consumer and not for resale; (4) have a shipping weight not exceeding 8,500 pounds; (5) have a speed capability of at least 55 miles per hour; (6) are propelled, to a significant extent, by an electric motor that draws electricity from a battery; (7) are sold as used or pre-owned by a class 1 or class 2 licensee, pursuant to section 58 of chapter 140; and (8) belongs to one of the following classifications: (i) battery electric vehicles; (ii) plug-in hybrid vehicles; (iii) fuel-cell electric vehicles; (iv) or zero-emission motorcycles.

(b)(1) The rebate for a used or pre-owned battery electric vehicle, a plug-in hybrid electric vehicle or a fuel-cell electric vehicle with a final purchase price of less than $40,000 shall be no less than $5,000.

(2) A consumer may apply for the rebate: (i) 90 days after purchasing a qualifying vehicle with less than 40,000 miles; (ii) 60 days after purchasing a qualifying vehicle with less than 79,999 miles; (iii) 30 days after purchasing a qualifying vehicle with less than 124,999 miles; or (iv) immediately after purchasing a qualifying vehicle with more than 125,000 miles.

(c) The commissioner shall promulgate rules and regulations necessary to administer the use or preowned rebate program established in this section; provided, that no rules or regulations shall be established that prohibit, or have the effect of prohibiting, the eligibility of all vehicles belonging to one of the following classifications: (i) battery electric vehicles; (ii) plug-in hybrid electric vehicles; (iii) fuel-cell electric vehicles; or (iv) zero-emission motorcycles.

(d) The commissioner shall review the rules and regulations promulgated pursuant to subsection (c), if any, on a biennial basis. If the commissioner deems it appropriate to make any changes to the program, the commissioner shall prepare a report to be submitted to the joint committee on telecommunications, utilities and energy and the joint committee on transportation detailing the changes and providing a rationale for the changes.

SECTION 3. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking out the word “may”, in each instance, and inserting in place thereof, in each instance, the following word:- shall.

SECTION 4. The department of energy resources shall conduct a study evaluating the costs and benefits of implementing an instant rebate system that approves electric vehicle rebate applications before or at the time of purchase or lease and provides rebates at the time of purchase or lease. Within 180 days after the effective date of this act, the department shall submit a report on its findings to the clerks of the house of representatives and senate, the chairs of the joint committee on telecommunications, utilities and energy and the chairs of the joint committee on transportation.

SECTION 5.  The department of energy resources shall conduct a study evaluating the costs and benefits of providing additional financial incentives, including, but not limited to, rebates and zero-interest loans, to low-income individuals purchasing or leasing an electric vehicle. Within 180 days after the effective date of this act, the department shall submit a report on its findings to the clerks of the house of representatives and senate, the chairs of the joint committee on telecommunications, utilities and energy and the chairs of the joint committee on transportation.

SECTION 6. (a) Not later than January 1, 2022, all state agencies and authorities, as defined in section 1 of chapter 29 of the General Laws, shall: (i) conduct an inventory of all motor vehicles owned or used by the state agency or authority; and (ii) prepare and submit to the governor, the clerks of the house of representatives and the senate, the joint committee on telecommunications, utilities and energy and the joint committee on transportation a report which shall contain a review of the state agency or authority’s vehicle inventory and identify which vehicles may be replaced with battery electric vehicles, plug-in hybrid electric vehicles or fuel-cell electric vehicles.

(b) Notwithstanding any general or special law to the contrary, not later than January 1, 2022, all municipalities shall: (i) conduct an inventory of all motor vehicles owned or used by the state agency or authority; and (ii) prepare and submit to the governor and the clerks of the house of representatives and the senate a report containing a review of the state agency or authority’s vehicle inventory and identify which vehicles may be replaced with battery electric vehicles, plug-in hybrid electric vehicles or fuel-cell electric vehicles.

SECTION 7. The department of energy resources, subject to appropriation, shall promulgate regulations to expand financial incentives for: (i) state agencies and authorities, as defined in section 1 of chapter 29 of the General Laws; (ii) municipalities; and (iii) public institutions of higher education, as identified in section 5 of chapter 15A of the General Laws, for the purposes of acquiring zero-emission vehicles and electric vehicle supply equipment; provided, that the department shall offer information, training opportunities and test drives of recommended zero-emission vehicles for public fleet administrators in connection with these financial incentives. For the purposes of this section, the term “electric vehicle supply equipment” shall mean a device or system designed and used to specifically transfer electrical energy to a plug-in electric vehicle either as a charge transferred via a physical or wireless connection, by loading a fully charged battery, or by other means.

SECTION 8. The Massachusetts Department of Transportation shall develop a regional strategic plan to guide public and private development of electric vehicle supply equipment to support electric vehicle charging needs at homes, workplaces within municipal commercial districts and destinations throughout the commonwealth. In developing the regional strategic plan the department shall convene a working group for the purposes of creating draft permitting processes to incentivize infrastructure investment, including, but not limited to the development of electric vehicle supply equipment, at priority locations within the commonwealth.

Not later than January 1, 2022, the department shall file a report, together with any drafts of legislation, with the governor, the clerks of the house of representatives and the senate, the joint committee on telecommunications, utilities and energy and the joint committee on transportation detailing the department’s regional strategic plan and recommendations to streamline the permitting processes to incentivize electric vehicle infrastructure development.

For the purposes of this section, the term “electric vehicle supply equipment” shall mean a device or system designed and used to specifically transfer electrical energy to a plug-in electric vehicle either as a charge transferred via a physical or wireless connection, by loading a fully charged battery or by other means.