PRINTER'S NO. 861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
722
Session of
2017
INTRODUCED BY BARTOLOTTA, RAFFERTY, SCARNATI, WARD AND
HUTCHINSON, MAY 19, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 19, 2017
AN ACT
Providing for clean vehicles investment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Clean
Vehicles Investment Plan Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"CARB." The California Air Resources Board.
"Federal NOx emissions standard." The Federal NOx emissions
standard of 0.2 g/bhp-hr.
"NOx." Nitrogen oxides.
"Optional low NOx standards." The NOx emissions standards of
0.10, 0.05 or 0.02 g/bhp-hr developed by CARB.
"Settlement." The partial settlement regarding turbocharged
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
direct injection (TDI) 2.0-liter diesel engines approved by the
United States District Court, Northern District of California,
ordered and entered at 3:15-md-02672-CRB on October 25, 2016,
United States of America vs. Volkswagen A.G., Case No. 16-CV-295
(N.D. Cal.).
"Trust." The Environmental Mitigation Trust established by
Volkswagen A.G. under the settlement and the related consent
decree.
Section 3. Intent.
The United States District Court, Northern District of
California approved a settlement on October 25, 2016, and
entered an order affirming a partial consent decree requiring
the defendant, Volkswagen A.G., to establish and fund a
$2,700,000,000 Environmental Mitigation Trust. The trust will be
administered by an independent trustee and provides a broad
array of mitigation actions that beneficiaries can implement. It
is the intent of this act to further define and provide for the
use of funds by the Commonwealth of Pennsylvania as a
beneficiary of this settlement to ensure the highest and best
use of the funds in reducing NOx emissions and other pollutants
in Pennsylvania.
Section 4. Use of funds.
Funds available to, paid through or planned for use by the
Commonwealth of Pennsylvania as a beneficiary of the trust shall
not conflict with the terms of the settlement nor the following
provisions:
(1) The majority of funds shall be used to deploy
vehicles that are certified to one of CARB's optional low-NOx
standards and vehicles which have zero tailpipe emissions
because the trust was established due to NOx pollution
20170SB0722PN0861 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
associated with noncompliant diesel vehicles.
(2) Vehicle grant funding for a nongovernment fleet
vehicle shall provide for 25% of the total vehicle cost up to
$50,000 regardless of fuel type.
(3) A grantee which is required to scrap a vehicle shall
be permitted to purchase a vehicle to scrap provided the
vehicle meets the following requirements:
(i) The vehicle has been registered in Pennsylvania
for the previous 24 months.
(ii) The vehicle has at least 24 months of useful
life remaining.
(4) In order to establish incentives for the broad
deployment of clean burning alternative fueled vehicles in
Pennsylvania, no more than 20% of the funds may be used for
government fleets.
(5) To the extent funds are made available for
government fleets, mass transit, paratransit and waste
disposal fleets shall be considered a priority use.
(6) The Commonwealth shall consider and prioritize uses
of funds which support leveraging of private matching funds
or investment.
Section 5. Effective date.
This act shall take effect immediately.
20170SB0722PN0861 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23