The act authorizes the clean fleet enterprise (enterprise) to incentivize, support, and accelerate the replacement of a truck that is part of a fleet and that is powered by a diesel-fueled internal combustion engine, is a model year of 2009 or earlier, and is registered, operable, and capable of independent roadway operation (aging diesel truck) with a diesel truck that is a model year of 2018 or later (new diesel truck) until December 31, 2031. The act also allows the enterprise to provide funding or financing through grant programs, rebate programs, revolving loan funds, or other strategies to help owners and operators of aging diesel truck fleets finance the replacement of aging diesel trucks with new diesel trucks to reduce the up-front costs of acquiring new diesel trucks until December 31, 2031. The enterprise may use the clean fleet enterprise fund to provide money to support the replacement of aging diesel trucks with new diesel trucks, but the enterprise is required to ensure that it does not expend more than 20% of the fund's income during a state fiscal year for the support. To qualify for any money provided by the enterprise for the replacement of aging diesel trucks with new diesel trucks, the act requires a purchaser of the new diesel truck to surrender an aging diesel truck to the seller of the new truck. The seller of the new diesel truck must decommission the aging diesel truck by drilling a hole in the engine's block and cutting the chassis rails in half. The seller must be an authorized dealer of new diesel trucks who must certify that the new diesel truck meets all state and federal emissions and safety standards for its model year. The enterprise must prioritize applications to replace aging diesel trucks from businesses that are privately owned, independently owned, or have limited access to capital. The enterprise is not allowed to accept an application from the owner or operator of a motor vehicle fleet that owns, leases, or operates more than 50 heavy-duty motor vehicles or from a business entity with annual gross revenue exceeding $100 million. The enterprise is required to prioritize the replacement of an aging diesel truck that has a model year of no later than 2006. The act expands the business purpose of the enterprise to include providing incentives and support for refrigerated transport units powered by zero emission technology. The act allows the enterprise to exercise its rights and powers without regard to the state 'Procurement Code'. The act requires the enterprise to annually prepare a report that includes the estimated pollution reduction benefits of the enterprise. The enterprise must seek to ensure that all projects funded by the enterprise achieve measurable results and outcomes.(Note: This summary applies to this bill as enacted.)
Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries. The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'. On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department). On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan. The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider. A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029. The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program. The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling. On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)
