SB275 (2019) Compare Changes


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Unchanged Version

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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.

2 State Facility Energy Cost Reduction; Vehicle Definitions. RSA 21-I:19-g, III-a is repealed and reenacted to read as follows:

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.

3 Fleet Efficiency and Redistribution; Definition of Motor Vehicle. RSA 21-I:19-i, II(b) is repealed and reenacted to read as follows:

(b) "Motor vehicle" means a passenger vehicle or light duty truck as defined by RSA 21-I:19-g.

4 New Section; Zero Emissions Vehicles. Amend RSA 21-I by inserting after section 19-j the following new section:

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.

5 Participation in Low Carbon Fuel Standards Programs. Amend RSA 21-O:23 to read as follows:

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 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.

6 Effective Date. This act shall take effect 60 days after its passage.

VETOED June 25, 2019

Veto Sustained September 19, 2019

Changed Version

Text to be added highlighted in green.

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.

2 State Facility Energy Cost Reduction; Vehicle Definitions. RSA 21-I:19-g, III-a is repealed and reenacted to read as follows:

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.

3 Fleet Efficiency and Redistribution; Definition of Motor Vehicle. RSA 21-I:19-i, II(b) is repealed and reenacted to read as follows:

(b) "Motor vehicle" means a passenger vehicle or light duty truck as defined by RSA 21-I:19-g.

4 New Section; Zero Emissions Vehicles. Amend RSA 21-I by inserting after section 19-j the following new section:

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.

5 Participation in Low Carbon Fuel Standards Programs. Amend RSA 21-O:23 to read as follows:

21-O:23 Low Carbon Fuel Standards Programs; State Participation.

I. The state of New Hampshire shall not implement 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.

6 Effective Date. This act shall take effect 60 days after its passage.

VETOED June 25, 2019

Veto Sustained September 19, 2019