2022 -- S 2448

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LC004631

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC TRANSPORTATION ACT

     

     Introduced By: Senators DiMario, Euer, Seveney, Anderson, Lawson, Cano, Zurier,
Burke, Miller, and DiPalma

     Date Introduced: March 01, 2022

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 3.4

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ELECTRIC TRANSPORTATION ACT

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     31-3.4-1. Short title.

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     This chapter shall be known as and may be cited as the "Electric Transportation Act."

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     31-3.4-2. Legislative findings.

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     (1) Rhode Island is bound to reducing economy-wide greenhouse gas emissions to forty-

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five percent (45%) under 1990 levels by 2030 and reaching net-zero emissions by 2050;

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     (2) Transportation is now the largest source of greenhouse gas emissions in Rhode Island;

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     (3) Electrifying all modes of transportation that currently rely on fossil fuels, in addition to

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reducing vehicle-miles traveled via investments in walking, biking, and transit, represents the best

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strategy for reducing transportation emissions as required by law;

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     (4) Electrifying transportation is in the public interest economically, environmentally, and

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in terms of public health; and

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     (5) Lower-income households, people of color and other disadvantaged communities are

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disproportionately exposed to air pollution from mobile sources. Higher exposures to air pollution

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and other contaminants contribute to adverse health effects that negatively impact public health.

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     31-3.4-3. Definitions.

 

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     As used in this chapter"

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     (1) "2030 mandate" refers to the economy-wide enforceable target for greenhouse gas

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emissions reduction of forty-five percent (45%) below 1990 levels by 2030, as listed in chapter 6.2

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of title 42.

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     (2) "2030 target" refers to the target that:

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     (i) One hundred percent (100%) of all public fleet vehicle procurements and vehicles in

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fleets that serve a public purpose of model year 2030 or later be electric vehicles, with one hundred

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percent (100%) of passenger and light duty vehicle acquisitions being electric by 2027;

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     (ii) One hundred percent (100%) of school buses be electric vehicles by 2030;

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     (iii) Thirty percent (30%) of all new medium- and heavy-duty vehicle sales in the state be

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electric vehicles (as per the Multi-State Zero Emission Medium- and Heavy-Duty Vehicle Initiative

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Memorandum of Understanding signed by Governor Gina Raimondo on July 10, 2020);

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     (iv) One hundred percent (100%) of all privately and commercially owned passenger and

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light-duty vehicles of model year 2030 or later registered in Rhode Island be electric vehicles.

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     (3) "Department" means to the state department of environmental management.

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     (4) "Electric vehicles" or "EVs" means vehicles that use energy stored in rechargeable

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battery packs and which have an electric range of at least twenty-five (25) miles.

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     (5) "Electric vehicle supply equipment" or "EVSE" means a device or system designed and

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used to specifically transfer electrical energy to a plug-in electric vehicle either as a charge

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transferred via a physical or wireless connection, by loading a fully charged battery or by other

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means.

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     (6) "Emergency services vehicle" means any publicly-owned vehicle operated by a police

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officer in performance of their duties, any authorized emergency vehicle used for fighting fires or

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responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an

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emergency medical technician or paramedic, or used for towing or servicing other vehicles, or

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repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement,

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vector control, or pest abatement agencies and used for those purposes, or any ambulance used by

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a private entity under contract with a public agency.

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     (7) "Medium- and heavy-duty vehicles" or "MHDVs" means on-road motor vehicles with

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a scale weight of over ten thousand pounds (10,000 lbs.).

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     (8) "Motor vehicle fleet serving a public purpose" means a motor vehicle fleet of which a

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portion is leased, rented, or contracted by the State of Rhode Island or a municipality or any political

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subdivision thereof from a person or entity other than the State of Rhode Island or a municipality

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to provide a public service or for its own use, including school buses and paratransit vehicles.

 

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     (9) "Passenger and light duty vehicles" means on-road motor vehicles with a scale weight

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of up to nine thousand nine hundred ninety-nine pounds (9,999 lbs) and three (3) or more wheels.

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Emergency services vehicles are not "passenger and light duty vehicles" for the purposes of this

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act.

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     (10) "Public fleet vehicles" means vehicles in a motor vehicle fleet owned by the State of

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Rhode Island, a transportation authority, a school district, a public university, a quasi-public

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agency, or a municipality or in the shared ownership of multiple municipalities, or any political

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subdivision thereof. Public fleet vehicles include vehicles under the same ownership of the State of

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Rhode Island or a municipality, even if a portion of the motor vehicle fleet is under the management

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or control of separate secretariats, departments, agencies, or offices.

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     (11) "Transition period" means the period beginning January 1, 2023, and ending

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December 31, 2040.

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     31-3.4-4. Advanced fuel economy standards.

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     (a) The department shall adopt motor vehicle emissions standards based on California's

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duly promulgated motor vehicle emissions standards, unless, after a public hearing, the department

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establishes, based on substantial evidence, emissions standards and a compliance program similar

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to the state of California's will not achieve, in the aggregate, greater motor vehicle pollution

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reductions than the federal standards and compliance program for any such model year. The

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department shall publicly issue detailed written findings before and after holding a public hearing

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pursuant to this section and said hearing shall be subject to the provisions for public meetings

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contained in chapter 46 of title 42 ("open meetings"). A decision not to adopt said standards shall

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apply as long as the federal standards and the standards of the state of California do not change.

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     (b) The department shall promulgate regulations to ensure maximum motor vehicle

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pollution reductions pursuant to the provisions of this section within one calendar year of the

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adoption of the advanced emission standards of the state of California.

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     (c) The provisions of this section are intended as minimum requirements of the state’s

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motor vehicle emissions program and shall not limit the department's authority to adopt and

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implement the stricter air quality regulations allowed under any other federal and state law.

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     31-3.4-5. Established goals of electric vehicle purchases.

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     (a) It shall be a goal of the state that one hundred percent (100%) of new passenger cars

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and trucks model year 2030 or later offered for sale or lease, or sold or leased for registration in the

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state shall be zero emissions by 2030.

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     (b) On or before January 1, 2025, the department shall develop and propose regulations,

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consistent with relevant federal law, to achieve the 2030 target. Regulations adopted pursuant to

 

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this law shall not include emissions regulations that differ from California emissions regulations

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for the same vehicles or regulations that are otherwise preempted by federal law.

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     (c) To advance the transition to electric vehicles, the state must immediately:

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     (1) Direct the electric utilities to offer rate discounts for off-peak charging relative to on-

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peak charging that incorporate values for avoided energy and capacity costs, avoided transmission

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costs, avoided distribution costs, improved grid reliability, capacity benefits in the form demand

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induced price reduction effects (DRIPE), avoided greenhouse gas emissions, and public health

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benefits. Such discounts should be approved by the public utilities commission no later than June

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30, 2023.

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     (2) Set interim sales targets to ramp up EV sales annually to reach one hundred percent

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(100%) by 2030;

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     (3) Establish incentives for the purchase of electric vehicles to replace the sale of new gas-

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powered cars;

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     (4) Establish incentives for the purchase of electric bikes to replace the sale of new gas-

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powered cars;

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     (5) Establish public fleet electrification requirements;

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     (6) Establish a goal to reduce VMT in 2030 by at least four percent (4%) compared to 2019

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through investments in public transit and active mobility.

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     (d) In furtherance of achieving the 2030 target, the department shall:

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     (1) Design the policies in a manner that maximizes equity and the total benefits to the state

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and to those workers who participate in the EV transition, and provides for the just transition of

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workers (if any) negatively impacted by achievement of the 2030 target and minimizes costs and

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risks;

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     (2) Minimize the administrative burden of implementing and complying with these

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policies;

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     (3) Rely upon the best available economic and scientific information and its assessment of

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existing and projected technological capabilities when adopting the policies required by this

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section;

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     (4) Coordinate achievement of the 2030 target across state and federal programs and

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regulations;

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     (5) Consult with the office of energy resources, the department of transportation, investor-

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owned utilities, and quasi-municipal utilities in the development of the regulations insofar as they

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affect electricity providers in order to minimize duplicative or inconsistent regulatory requirements;

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and

 

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     (6) Revise rules adopted pursuant to this section and adopt additional rules to accelerate or

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otherwise facilitate the intent of this chapter.

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     31-3.4-6. Greenhouse gas emissions.

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     (a) Concurrently with the immediate actions described in § 31-3.4-5, the state must include

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the following in the 2025 update to the greenhouse gas emissions reduction plan.

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     (b) The update to the 2025 plan must include, without limitation, the following elements

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with regard to the achievement of the 2030 target:

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     (1) The needed number of new and used electric and internal combustion engine vehicles

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registered in the state each year during the transition period to meet the 2030 target;

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     (2) The predicted number of new and used electric and internal combustion engine vehicles

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registered in the state each year during the transition period under existing state policy;

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     (3) Electric vehicle charging infrastructure requirements;

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     (4) Electric grid upgrades/modifications where necessary;

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     (5) An analysis of the distribution of burdens and benefits of this transition, including, but

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not limited to: an analysis of yearly job gains and losses during the transition period that would

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result from achievement of the 2030 target; an analysis of the effect of the achievement of the 2030

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target during the transition period on state transportation revenues, and recommendations as to

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alternative sources of revenues to replace gas tax revenues; analysis of impacts of the 2030 target

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on equity, especially including disadvantaged and low-income communities, communities of color,

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and rural communities, and strategies for maximizing equity in implementation of the 2030 target;

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     (6) A just transition strategy for those at risk of being negatively impacted by achievement

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of the 2030 target;

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     (7) A strategy for ensuring that jobs created from the transition are well-compensated and

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accessible to all;

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     (8) An analysis of the 2030 target on costs of mitigating and cleaning up petroleum

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pollution of our water, air, and land;

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     (9) A strategy for harmonizing the achievement of the 2030 target with adoption of federal

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or state passenger or light duty vehicle emissions standards pursuant to the federal Clean Air Act,

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while aiming to achieve vehicle electrification targets at the earliest feasible date;

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     (c) In developing its plan, the department may rely on reasonable assumptions regarding

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the cost of implementing electric vehicle technology based on anticipated economies of scale,

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technology learning curves, and other generally accepted cost estimating techniques.

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     (d) The department shall conduct a series of public workshops to provide interested parties

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an opportunity to comment on the scoping plan, especially including disadvantaged and low-

 

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income communities, and communities of color.

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     31-3.4-7. Equity and environmental justice advisory board.

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     (a) There shall be an equity and environmental justice advisory board to ensure that

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overburdened and underserved communities are able to provide meaningful input into decision-

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making processes relating to investment in clean transportation, including, but not limited to,

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electric vehicle infrastructure, public transit, and active mobility paths for walking and biking. The

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department shall establish an equity advisory board composed of diverse stakeholder groups to

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include one member of each of the state's health equity zones (HEZ), one member representing

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labor, one member representing environmental advocates, with a majority of the remaining

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members being representatives of overburdened and underserved communities or populations, to

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advise on decision making and equitable outcomes. The roles of the equity advisory board shall

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include:

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     (1) Developing criteria for defining overburdened and underserved communities, building

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on existing criteria and definitions, including, but not limited to, cumulative impacts on an affected

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geographical area and the criteria set forth in chapter 6.2 of title 42, where applicable;

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     (2) Providing recommendations for policies that would ensure overburdened and

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underserved communities are not left behind in the transition to electric transportation, including,

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but not limited to: access to electric vehicle charging infrastructure; operation of electric transit

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buses in environmental justice areas; electrification of the commuter rail; incentive support for

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transition away from gas-powered cars to other low-carbon forms of mobility, including transit,

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electric bikes, and electric vehicles;

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     (3) Developing metrics for evaluating how transportation investments included in the

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statewide transportation improvement plan, the 2022 update to the 2016 greenhouse gas emissions

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reduction plan, and the 2025 plan discussed in § 31-3.4-6 contribute to reduction of greenhouse gas

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emissions and health-harming emissions in overburdened and underserved communities;

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     (4) Reviewing and revising strategies related to transportation by the Climate Change

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Coordinating Council (EC4); and

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     (5) Providing recommendations for proposed investments from any dedicated funding

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source that specifically has the intention of reducing climate-warming and health-harming

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emissions from transportation.

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     SECTION 2. Section 42-11-2.4 of the General Laws in Chapter 42-11 entitled "Department

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of Administration" is hereby amended to read as follows:

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     42-11-2.4. State Fleet Replacement Revolving Loan Fund.

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     (a) There is hereby created as a separate fund within the treasury to be known as the state

 

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fleet replacement revolving loan fund which shall be administered by the general treasurer in

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accordance with the same laws and fiscal procedures as the general funds of the state. This fund,

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hereafter referred to as the "revolving loan fund," shall consist of such sums as the state may from

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time to time appropriate, as well as money received from the disposal of used vehicles, loan, interest

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and service charge payments from benefiting state agencies, as well as interest earnings, money

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received from the federal government, gifts, bequests, donations, or otherwise from any public or

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private source.

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     (b) This fund shall be used for the purpose of acquiring motor vehicles, both new and used,

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and vehicle-related equipment and attachments for state departments and agencies.

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     (c) The proceeds from the repayment of any loans made for the purposes authorized under

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this chapter shall be deposited in and returned to the revolving loan fund in order to constitute a

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continuing revolving fund for the purposes listed above.

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     (d) The office of state fleet operations of the Rhode Island department of administration

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shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of title

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42, in order to provide for the orderly and equitable disbursement and repayment of funds from the

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revolving loan fund.

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     (e) Provided; however, a total of four million two hundred thousand dollars ($4,200,000)

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shall be made available as a direct grant from the revolving loan fund for the required twenty

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percent (20%) match for the Rhode Island Public Transit Authority to obtain federal funds to

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purchase buses through FY 2017. Any such sums need not be repaid to the revolving loan fund.

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     (f) Beginning in fiscal year 2023, the department of administration shall purchase or lease

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an increasing number of zero-emission vehicles to replace existing fleet vehicles serving a public

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purpose due for replacement until 2027, by which one hundred percent (100%) of light-duty vehicle

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procurements are zero-emission vehicles, and 2035, by which one hundred percent (100%) of

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vehicle acquisitions are zero-emission vehicles.

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     (g) It shall further be a goal of the state that thirty percent (30%) of medium- and heavy-

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duty vehicle procurements, including, but not limited to, vehicles serving a public purpose and

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emergency services vehicles must be zero-emissions vehicles by 2030.

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     (h) On or before September 1, 2023, the department of administration shall complete a

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scoping plan for achieving the 2030 target. In developing the scoping plan, the department of

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administration shall consult with appropriate state agencies.

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     (i) The scoping plan must include, without limitation, the following elements with regard

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to the achievement of the 2030 target:

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     (1) Fleet assessment considering market availability, total cost of ownership, and

 

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anticipated retirement of all public vehicles to create a timeline for the number of EVs to be

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electrified from now until 2030 for both state and municipal-operated public fleets;

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     (2) The amount, type, and general location of EVSE needed to provide fueling of state-

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owned EVs during each year of the transition period, and predicted yearly investments required to

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build out such charging infrastructure;

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     (3) An analysis of the electrical generation, transmission, and distribution upgrades

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(including, but not limited to, distributed generation, storage, and bidirectional power flow) and

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build-out required to provide fueling of EVs in the state during the transition period, and predicted

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yearly and aggregate investment required to implement said upgrades;

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     (4) An analysis of how the grid resources can be optimized through utilization of control

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strategies and/or rate structures to encourage smart charging and discharging of electric vehicles

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during the transition period;

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     (5) Technical support to provide the analyses listed above for all motor vehicle fleets

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serving a public purpose, including municipal vehicles.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC TRANSPORTATION ACT

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     This act would provide for a plan and structure to transition to green energy in motor and

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other vehicles.

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     This act would take effect upon passage.

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