SB 275-FN - FINAL VERSION
SENATE BILL 275-FN
SPONSORS: Sen. Watters, Dist 4; Sen. Dietsch, Dist 9; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21
This bill requires that all of the state's motor vehicles be zero emission vehicles by the year 2039.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2019 0992s 19-0854
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that:
I. Transportation emissions contribute approximately 40 percent of the greenhouse gas emissions in the mid-Atlantic and northeastern regions of the United States. There is a compelling economic and environmental need to make a significant reduction in greenhouse gas emissions. It is therefore in the public interest to minimize our transportation system's reliance on high-carbon fuels, promote sustainable growth, and help build the clean energy economy.
II. Eleven mid-Atlantic and northeast states and the District of Columbia have been working collaboratively in the Transportation and Climate Initiative of the Northeast and Mid-Atlantic States to explore and develop policies and programs that can result in greater energy efficiency of regional transportation systems, deployment of clean cars and clean fuels, and yield significant reductions of regional greenhouse gas emissions in the transportation sector.
III. New Hampshire's participation in the Transportation and Climate Initiative of the Northeast and Mid-Atlantic States provides the opportunity to expand safe and reliable transportation options, attract federal investment, lower transportation costs, improve overall air quality and public health, further collaborate on the research and development of advanced transportation technologies, and mitigate the transportation sector's impact on climate change.
IV. The department of environmental services and the department of transportation shall engage in the Transportation and Climate Initiative of the Northeast and Mid-Atlantic States on behalf of the state of New Hampshire.
V. The department of environmental and the department of transportation services shall report annually to the speaker of the house of representatives and the president of the senate recommendations on policy action resulting from participation in the Transportation and Climate Initiative.
III-a. In this section:
(a) "Light duty truck" means a land vehicle which has a gross vehicle weight rating of up to 10,000 pounds and which does not fall within the definition of a passenger vehicle as defined in subparagraph (b).
(b) "Passenger vehicle" means a land vehicle that is defined by the department of administrative services' fleet manager as a passenger sedan, sports activity vehicle, sports utility vehicle, or station wagon.
(b) "Motor vehicle" means a passenger vehicle or light duty truck as defined by RSA 21-I:19-g.
21-I:19-k Zero Emissions.
I. The intent of this section is that all state purchased and leased vehicles shall be the lowest emission vehicles available, to the extent feasible and practicable, and that all purchased or leased vehicles shall be zero emission vehicles by 2041, to the extent feasible and practicable.
II. In this section, the term "zero emissions vehicle" or ZEV means a vehicle that emits no exhaust gas from the on-board source of power, such as an electric vehicle powered solely by a battery or by the use of a hydrogen fuel cell.
III. Notwithstanding any provision in RSA 21-I:19-i, the department of administrative services shall establish procedures intended to ensure that to the maximum extent feasible, and consistent with the ability of vehicles to perform their intended functions, all the state's motor vehicles will be ZEVs by the year 2041. The procedures shall be subject to the approval of the ZEV 2041 committee established in paragraph VI. These procedures shall not be subject to the rulemaking requirements of RSA 541-A, but shall be binding on all state officials and state agencies.
IV. By 2026, all new leases or purchases of light duty trucks or passenger vehicles as defined in RSA 21-I:19-g shall be ZEVs and by 2031 any new leases or purchase of trucks and other vehicles in excess for 10,000 pounds in weight shall be ZEVs.
V. Any agency or department of the state that purchases, leases, or otherwise acquires or currently operates a motor vehicle shall develop a plan to transition its vehicles entirely to ZEVs, to the extent feasible for particular vehicles and vehicle classes by 2041. Agencies and departments shall consult with the ZEV 2041 committee established in paragraph VI in developing such feasibility plans and such plans shall only be adopted with the approval of the committee. Transition plans shall be developed by all state agencies and departments for submission to the office of strategic initiatives by June 30, 2020 and revised and submitted every 2 years thereafter until all of the state's motor vehicles are ZEVs. Such plans shall be predicated upon the adequacy of funding and shall take the existence of adequate funding into account. If ZEV vehicles are not determined to be a feasible option for a particular vehicle acquisition, or for a class of vehicles intended for use by emergency response agencies, then the lowest emission vehicle available that is suitable for that purpose may be considered. Agencies and departments shall include funding for this program each biennium in requests for funding in the general court and the capital budget.
VI.(a) There is established the ZEV 2041 committee which shall consult with any agency or department of state that purchase, leases, or otherwise acquires or currently operates motor vehicles in order to transition such vehicles entirely to ZEVs by 2041.
(b) Membership of the committee shall be as follows:
(1) The commissioner of the department of administrative services.
(2) The director of the division of procurement and support services of the department of administrative services.
(3) The commissioner of the department of transportation, or designee.
(4) The commissioner of the department of safety, or designee.
(5) The commissioner of the department of environmental services, or designee.
(c)(1) The committee shall consult with agencies and departments in developing plans to transition such agency or department's vehicles entirely to ZEVs to the extent feasible for particular vehicles and classes by 2041.
(2) Within 90 days of receiving an agency or department's plan to transition the committee shall review and may approve such plans if they comply with this section prior to their adoption by a department or agency. If such plans are not approved the submitting agency or department may revise and resubmit such plan to the committee for approval within 30 days of denial of the initial approval.
21-O:23 Low Carbon Fuel Standards Programs; State Participation.
I. The state of New Hampshire shall not[ join,] implement[, or participate in] any state, regional, or national low carbon fuel standards program or any similar program that requires quotas, caps, or mandates on any fuels used for transportation, industrial purposes, or home heating without seeking and receiving prior legislative approval.
II. The department of environmental services and the department of transportation may engage in regional and national discussions of such programs.
[III. The department of environmental services shall report all expenses resulting from its discussions to the fiscal committee of the general court on a semi-annual basis.]
VETOED June 25, 2019
Veto Sustained September 19, 2019
SB 275-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2019-0830s and #2019-0992s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ X ] Other - Various Government Funds
This bill requires that, to the extent feasible and practicable, all vehicles purchased and leased by the State be zero emission vehicles by the year 2041. The Department of Administrative Services (DAS) would be required to establish procedures for converting, to the maximum extent feasible, the State motor vehicle fleet to zero emissions vehicles (ZEVs) over a 22-year period ending in 2041. All new passenger vehicles or light duty trucks would be required to be ZEVs by 2026 and all new vehicles with a gross vehicle weight exceeding 10,000 pounds would be required to be ZEVs by 2031. State agencies would be required to consult with the Zero Emissions Vehicle 2041 (ZEV) Committee, to develop and submit plans to convert all vehicles to the Office of Strategic Initiatives by June 30, 2020. The plans shall be revised and submitted every 2 years. ZEVs include those powered by electricity or hydrogen fuel cells. The bill would not apply to municipal or county government motor vehicles. The Department makes the following assumptions concerning implementation of the bill and its fiscal impact:
Additional State expenditures will fall into the following categories:
The Department expects no impact to State revenues. County and local revenues and expenditures would also be unaffected. State expenditures cannot be projected because:
The following table provides estimates of the total incremental acquisition costs to replace all existing State motor vehicles with ZEVs.
Vehicle Type / Class
FY 2019 Average State Contract Price
Estimated EV* Equivalent Cost
Incremental Cost to Convert
Extra Heavy Duty Trucks
Light Duty Trucks 1
Light Duty Trucks 2
Medium Duty Trucks
Vans & Buses
*Assumes an average EV cost 33% higher than the prices of internal combustion vehicles comparable to those in the existing State fleet. Current EV pricing data for most of the vehicle classes listed in the table above is not available. 33% average is based on a comparison of Nissan Leaf pricing for each model year from 2016 to 2019 with pricing for the lowest cost midsize gasoline fuel sedan for the same year.
Regarding cost estimates for EV charging site development and infrastructure costs, the Department relied on 2015 U.S. Department of Energy data. The Department expects the State would install charging infrastructure at 50 locations. The State fleet consists of 30 different agencies, some with multiple locations and others with shared locations such as office parks. The Department assumes the following costs for charging site development and infrastructure:
There are currently two types of chargers that should be considered, level 2 chargers and level 3 chargers.
Based on the information above, the Department estimated the cost for chargers as follows:
The Department of Transportation states this bill would require it to provide an employee, along with a representative from the Department of Environmental Services, to engage in the Transportation and Climate Initiative of the Northeast and Mid-atlantic states and to report to the Speaker of the House and the Senate President on an annual basis. In addition, the Department would be required to develop a plan, updated every 2 years, to transition it's vehicle fleet to zero emission vehicles. The Department assumes this effort would require 0.10 full time staff equivalent and would increase travel costs if it was necessary for the Department's representative to attend meetings out of state. The Department estimates the replacement value of its fleet is $96 million, and the existing fuel system has a replacement value of roughly $50 million. The Department assumes some of the transition to zero emission vehicles (ZEVs) would be included in its vehicle replacement plan, there would be an increase in costs for the purchase of vehicles and retooling of the mechanical services operation which maintains a fleet of approximately 1,237 large and medium trucks, passenger vehicles and construction equipment.
The Department of Environmental Services (NHDES) indicates there would be no additional cost to the Department for participation in the ZEV 2041 committee, or engagement in the Transportation and Climate Initiative of the Northeast and Mid-Atlantic States. The Department states any costs to convert it's fleet to zero emission vehicles have been identified in the information provided by the Department of Administrative Services. Regarding the repeal of the requirement for the NHDES to produce semi-annual reports of expenditures resulting from regional or national discussions concerning implementation of a low carbon fuel standard, the NHDES assumes the repeal will reduce annual expenditures by approximately $800.
Departments of Administrative Services, Transportation and Environmental Services
|Feb. 19, 2019||Senate||Hearing|
|March 14, 2019||Senate||Floor Vote|
|April 2, 2019||House||Hearing|
|April 24, 2019||House||Exec Session|
|May 8, 2019||House||Floor Vote|
Sept. 19, 2019: Notwithstanding the Governor's Veto, Shall SB 275 Become Law: RC 14Y-10N, Veto Sustained, lacking the necessary two-thirds vote; 09/19/2019; SJ 22
June 25, 2019: Vetoed by Governor 06/25/2019
May 30, 2019: Enrolled (In recess 05/30/2019); SJ 19
May 23, 2019: Enrolled 05/23/2019
May 30, 2019: Enrolled (In recess 05/30/2019); SJ 19
May 23, 2019: Enrolled 05/23/2019 HJ 16 P. 51
May 8, 2019: Ought to Pass: MA RC 205-145 05/08/2019 HJ 15 P. 49
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass (Vote 12-8; RC)
May 8, 2019: Majority Committee Report: Ought to Pass for 05/08/2019 (Vote 12-8; RC) HC 23 P. 12
April 24, 2019: Executive Session: 04/24/2019 10:00 am LOB 304
April 2, 2019: Public Hearing: 04/02/2019 02:30 pm LOB 304
March 20, 2019: Introduced 03/20/2019 and referred to Science, Technology and Energy HJ 11 P. 71
March 14, 2019: Ought to Pass with Amendments 2019-0830s, and 2019-0992s, RC 16Y-8N, MA; OT3rdg; 03/14/2019; SJ 8
March 14, 2019: Sen. Watters Floor Amendment # 2019-0992s, AA, VV; 03/14/2019; SJ 8
March 14, 2019: Committee Amendment # 2019-0830s, AA, VV; 03/14/2019; SJ 8
March 14, 2019: Committee Report: Ought to Pass with Amendment # 2019-0830s, 03/14/2019; SC 13
Feb. 19, 2019: Hearing: 02/19/2019, Room 103, LOB, 02:05 pm; SC 11
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Transportation; SJ 4