2022 -- H 7653

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LC004473

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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: Representatives Cortvriend, Carson, McGaw, Batista, Speakman, Felix,
Alzate, Kislak, Tanzi, and Potter

     Date Introduced: March 02, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

is hereby amended by adding thereto the following chapter:

CHAPTER 3.4

ELECTRIC TRANSPORTATION ACT

     31-3.4-1. Short title.

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

     31-3.4-2. Legislative findings.

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

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

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

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

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

strategy for reducing transportation emissions as required by law;

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

in terms of public health; and

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

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

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

     31-3.4-3. Definitions.

     As used in this chapter"

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

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

of title 42.

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

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

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

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

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

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

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

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

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

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

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

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

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

     (5) "Electric vehicle supply equipment" or "EVSE" means 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.

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

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

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

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

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

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

a private entity under contract with a public agency.

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

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

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

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

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

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

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

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

act.

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

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

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

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

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

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

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

December 31, 2040.

     31-3.4-4. Advanced fuel economy standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

state shall be zero emissions by 2030.

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

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

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

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

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

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

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

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

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

30, 2023.

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

(100%) by 2030;

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

powered cars;

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

powered cars;

     (5) Establish public fleet electrification requirements;

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

through investments in public transit and active mobility.

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

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

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

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

risks;

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

policies;

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

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

section;

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

regulations;

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

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

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

and

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

otherwise facilitate the intent of this chapter.

     31-3.4-6. Greenhouse gas emissions.

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

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

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

with regard to the achievement of the 2030 target:

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

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

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

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

     (3) Electric vehicle charging infrastructure requirements;

     (4) Electric grid upgrades/modifications where necessary;

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

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

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

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

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

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

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

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

of the 2030 target;

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

accessible to all;

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

pollution of our water, air, and land;

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

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

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

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

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

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

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

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

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income communities, and communities of color.

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

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

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

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

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

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

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

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

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

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

include:

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

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

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

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

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

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

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

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

electric bikes, and electric vehicles;

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

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

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

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

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

Coordinating Council (EC4); and

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

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

emissions from transportation.

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

of Administration" is hereby amended to read as follows:

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

     (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

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

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

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

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

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

private source.

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

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

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

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

continuing revolving fund for the purposes listed above.

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

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

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

revolving loan fund.

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

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

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

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

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

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

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

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

vehicle acquisitions are zero-emission vehicles.

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

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

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

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

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

administration shall consult with appropriate state agencies.

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

to the achievement of the 2030 target:

     (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

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

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

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

build out such charging infrastructure;

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

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

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

yearly and aggregate investment required to implement said upgrades;

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

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

during the transition period;

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

serving a public purpose, including municipal vehicles.

     SECTION 3. This act shall take effect upon passage.

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LC004473

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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

other vehicles.

     This act would take effect upon passage.

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LC004473

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