FILED ON: 2/6/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2498

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to accelerate the transition of cars, trucks and buses to carbon-free power.

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. Section 16 of chapter 25A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “section”, in line 1, the following words:- and section 18.

SECTION 2. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is hereby amended by adding the following definition:-

“Zero-emission vehicle”, a motor vehicle that produces no engine exhaust carbon emissions.

SECTION 3. Said chapter 25A is hereby further amended by adding the following section:-

Section 18.  (a) The commissioner shall, subject to appropriation, establish a program to provide rebates or other financial incentives to consumers who purchase or lease and register and insure in the commonwealth a zero-emission vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for use on public streets, roads and highways; (ii) have an engine that is not modified from the original manufacturer's specifications; and (iii) have been acquired for use or lease by the consumer and not for resale.   

(b) A rebate under this section shall not be less than $1,500 per vehicle; provided, however, that no rebate shall be available for a vehicle with a sales price that exceeds $50,000.

(c) The commissioner may promulgate regulations to administer the program established under this section. At least once per calendar year, the commissioner shall provide outreach to underserved consumers and consumers in communities with a high percentage of low-income households with information about the zero-emission vehicle incentive program established under this section. 

(d) The commissioner shall publish and regularly update data regarding program usage including, but not limited to: (i) the number and amount of rebates or incentives provided each month; (ii) the make, model and type of vehicle for which the rebate or incentive was issued; (iii) the zip code in which the vehicle is registered; and (iv) the estimated total greenhouse gas emissions reductions achieved from the rebate or incentive issued.

SECTION 4. Section 7A of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-

Not later than January 1, 2022, and annually thereafter, the registry shall issue to a municipality, upon request, the following aggregate data for the previous 12 months: (i) the number of vehicles registered in said municipality, including the total numbers of gas-powered vehicles, hybrid vehicles and zero-emission vehicles; and (ii) the average number of miles driven by such gas-powered, hybrid and zero-emission vehicles, respectively. The data shall be protective of privacy information.

SECTION 5. Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-

(s) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of commercial and residential buildings with not less than 10 parking spaces, as well as major reconstruction, renovation and repair of such buildings, include building electrical service and conduit systems sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall  be at least 1 parking space or not less than 5 per cent of the total number of parking spaces, whichever is greater. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.

(t) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of parking facilities with not less than 10 parking spaces, as well as major reconstruction, renovation and repair of such facilities, include building electrical service and conduit systems sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 5 per cent of the total number of parking spaces, whichever is greater.

SECTION 6. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for residential and appropriate commercial” and inserting in place thereof the following words:- shall include requirements for electric vehicle charging for appropriate residential and commercial.

SECTION 7. Said chapter 448 is hereby further amended by inserting after section 6 the following 2 sections:-

Section 6A. (a) The department of energy resources, in consultation with the Massachusetts Department of Transportation and the executive office for administration and finance, shall create and maintain an inventory of motor vehicles owned or leased by the commonwealth. The inventory shall include a critical replacement list consisting of non-zero emission vehicles that, if the non-zero emission vehicle needed to be replaced, replacement with a zero-emission vehicle is operationally feasible and results in a positive lifecycle cost benefit. The critical replacement list shall include, but not be limited to, vehicles that are approaching the end of their useful lives or are otherwise reasonable candidates for replacement and whose replacement presents a high or medium priority opportunity for near-term electrification as indicated in the study completed pursuant to section 6 and published on December 22, 2017 or any successive analysis or study required by law or commissioned by the department of energy resources or Massachusetts Department of Transportation. Not less than every 3 years, the department of energy resources, in consultation with the Massachusetts Department of Transportation, shall revise and update the analysis of opportunities for near-term electrification of vehicles owned, purchased or leased by the commonwealth. For the purposes of this section, “commonwealth” shall include, but not be limited to, the Massachusetts Bay Transportation Authority, Massachusetts Port Authority and Massachusetts Water Resources Authority, but shall not include municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws. Nothing in this section shall prevent or limit the commonwealth from purchasing a zero-emission vehicle for a vehicle or purpose not identified on the critical replacement list.

(b) Not later than January 1, 2024, each purchase or lease by the commonwealth of a motor vehicle identified on the critical replacement list under subsection (a) by the commonwealth, including, but not limited to, the Massachusetts Port Authority and Massachusetts Water Resources Authority, but not including the Massachusetts Bay Transportation Authority, municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws, shall be a zero-emission vehicle. The commonwealth shall prioritize the deployment of zero-emission vehicles in underserved communities and communities with a high percentage of low-income households.

(c) Beginning January 1, 2030, each purchase or lease of a passenger bus by the Massachusetts Bay Transportation Authority shall be a zero-emission vehicle; provided, however, that the Massachusetts Bay Transportation Authority shall seek to replace non-zero emission passenger buses with zero-emission passenger buses before January 1, 2030. 

(d) The Massachusetts Bay Transportation Authority shall operate exclusively zero-emission passenger buses not later than December 31, 2040; provided, however, that a non-zero emission passenger bus purchased before January 1, 2030 may be operated after December 31, 2040 if its operation is strictly necessary to maintain service levels and prompt plans are in place to replace the bus with a zero-emission passenger bus. 

(e) The secretary of transportation and the Massachusetts Bay Transportation Authority, in consultation with the executive office of energy and environmental affairs, shall develop and complete a plan to operate exclusively zero-emission passenger buses not later than December 31, 2040. With respect to early implementation, the plan shall mandate that a majority of buses purchased or leased serve routes serving low-income households and households in underserved communities. Not later than December 31, 2021, the plan shall be filed with the clerks of the senate and house of representatives and the joint committee on transportation and be made publicly available on the Massachusetts Department of Transportation’s website.

Every 5 years until the Massachusetts Bay Transportation Authority operates exclusively zero-emission passenger buses, the secretary shall submit to the clerks of the senate and house of representatives and the joint committee on transportation and post on the Massachusetts Department of Transportation’s website updated progress reports on the implementation of this subsection, including, but not limited to, the number of zero-emission passenger buses operated, the number of non-zero emission passenger buses operated, the number of zero-emission passenger buses operated on routes serving low-income households and households in underserved communities, the number of non-zero emission passenger buses operated on routes serving low-income households and households in underserved communities, barriers to increased numbers of zero-emission passenger buses, if any, and recommended legislative or regulatory action needed to address barriers or otherwise promote compliance with this section and the cost of simultaneously operating zero-emission passenger buses, including, but not limited to, staffing, training, maintenance and other mechanical equipment, facilities, financing and premiums attributable to the purchase of zero-emission passenger buses. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions. For the purposes of this subsection, “low-income” shall have the same meaning as defined under section 1 of chapter 40T of the General Laws.

(f) Not later than January 1, 2021, the Massachusetts Department of Transportation, in consultation with the department of energy resources, shall develop recommendations for the siting of zero-emission vehicle charging facilities to serve state-owned or leased zero-emission vehicles and zero-emission passenger buses across the commonwealth. The recommendations shall consider locations across the commonwealth, including within municipal light plant territories, and shall consider the benefit and potential cost savings to ratepayers for potential locations.

Section 6B. The department of energy resources, in consultation with the Massachusetts Department of Transportation, shall conduct, publish and periodically update a study of the opportunities for near-term electrification of vehicles owned or leased by municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws. The study shall include, but not be limited to: (i) an analysis of the cost of vehicle electrification, associated equipment and supplies and possible methods of meeting such costs, including, but not limited to, state financial support, federal financial support and procurements by regional planning agencies and other entities made up of local and regional governments; (ii) recommendations for the allowance within the fleets of non-electric emergency vehicles; and (iii) opportunities to pair electrification with renewable energy resources, energy storage or demand response technology and policy. The department of energy resources shall publish the study on its website not later than 18 months after the effective date of this section and shall thereafter publish revisions of the study on its website not less than every 3 years. The study and subsequent revisions shall be submitted to the clerks of the senate and house of representatives, the joint committee on transportation and the joint committee on telecommunications, utilities and energy and posted on the department of energy resource’s website.

SECTION 8. Notwithstanding any general or special law to the contrary, not later than 1 year after the effective date of this act, the department of energy resources shall publish a guide to assist cities and towns in developing processes and policies to expand electric vehicle parking in municipally-owned parking spaces and lots including, but not limited to, an analysis or guide to pricing incentives for parking for zero-emission vehicles and reserved parking for zero-emission vehicles. The guide shall include a review of similar programs established in other states. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.

SECTION 9. The Massachusetts Bay Transportation Authority, in consultation with the executive office of energy and environmental affairs, shall develop a plan to reduce the carbon emissions of its commuter rail and light rail operations, including a numerical value of the plan’s contribution to meeting statewide greenhouse gas emissions limits and sublimits set by statute or regulation. The plan shall include: (i) an analysis of the cost and benefits of meeting the statewide greenhouse gas emissions limits and sublimits; (ii) energy conservation methodologies, including, but not limited to, regenerative braking, flywheel, battery or capacitor storage and the use of alternative methods for generating electricity; (iii) evaluation of increased electricity demands resulting from steps taken by the authority to reduce greenhouse gas emissions; (iv) feasibility studies, where necessary; and (v) a recommended schedule for implementation.

The authority shall post its plan on the authority’s website not later than 6 months from the effective date of this act.

SECTION 10. The Massachusetts Department of Transportation shall install and maintain electric vehicle charging stations at all service plazas located on the Massachusetts Turnpike for public use not later than December 31, 2022.

SECTION 11. The motor vehicle inventory required by section 6A of chapter 448 of the acts of 2016 shall be established not later than June 1, 2021.

SECTION 12. Amendments to the state building and electric code required under section 5 shall be in effect not later than January 1, 2021.