PRINTER'S NO. 1991
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1348
Session of
2024
INTRODUCED BY BROWN, STEFANO, BAKER, CULVER, J. WARD, KANE,
BOSCOLA, MILLER AND PENNYCUICK, NOVEMBER 15, 2024
REFERRED TO TRANSPORTATION, NOVEMBER 15, 2024
AN ACT
1 Establishing the Near Zero Emission Truck Incentive Program and
2 the Near Zero Emission Truck Incentive Fund; and providing
3 for the powers and duties of the Department of
4 Transportation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Near Zero
9 Emission Truck Incentive Program Act.
10 Section 2. Findings and declarations.
11 The General Assembly finds and declares as follows:
12 (1) The purpose of this act is to reduce air pollution
13 from heavy-duty diesel trucks in this Commonwealth.
14 (2) Clean air is necessary for the health and well-being
15 of all Pennsylvanians and the transportation sector is vital
16 for a functioning supply chain and growing economy.
17 (3) Incentivizing fleets to upgrade their equipment can
18 slash truck emissions in this Commonwealth. A truck sold in
19 2006 emits roughly 10 times the amount of NOx and particulate
 1 matter as a truck sold today.
2 (4) No single technology transfer can affect the
3 Commonwealth's air quality as much as replacing pre-2010
4 models. The year 2010 marked a major milestone in truck
5 engine technology with the standardization of selective
6 catalytic reduction and diesel particulate filters.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Board of Vehicles Act." The act of December 22, 1983
12 (P.L.306, No.84), known as the Board of Vehicles Act.
13 "Department." The Department of Transportation of the
14 Commonwealth.
15 "Eligible applicant." The purchaser of a near zero emission
16 truck from a licensed dealer.
17 "Eligible costs." Costs related to offsetting the Federal
18 excise tax on the purchase of a new near zero emission truck in
19 this Commonwealth or an amount equal to the value of 6% of the
20 secondary sale price or $5,000, whichever is greater, on the
21 purchase of a used near zero emission truck in this
22 Commonwealth.
23 "Federal excise tax." The Federal excise tax imposed under
24 26 U.S.C. § 4051 (relating to imposition of tax on heavy trucks
25 and trailers sold at retail).
26 "Fund." The Near Zero Emission Truck Incentive Fund
27 established under section 5.
28 "Licensed dealer." A vehicle dealer licensed under the Board
29 of Vehicles Act.
30 "Near zero emission truck." A diesel truck manufactured in
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 1 2010 or later which meets the emission standards under 40 CFR
2 86.007-11 (relating to emission standards and supplemental
3 requirements for 2007 and later model year diesel heavy-duty
4 engines and vehicles) on the effective date of this definition.
5 "Program." The Near Zero Emission Truck Incentive Program
6 established under section 4.
7 "Salvage vehicle." As defined in 75 Pa.C.S. § 102 (relating
8 to definitions).
9 "Truck." As defined in 75 Pa.C.S. § 102.
10 Section 4. Near Zero Emission Truck Incentive Program.
11 (a) Establishment.--The Near Zero Emission Truck Incentive
12 Program is established in the department to award grants to
13 eligible applicants on a first-come, first-served basis to the
14 extent that money is available for this purpose. The General
15 Assembly may appropriate additional money to the program for the
16 administrative costs to administer the program and to extend the
17 department's ability to provide grants for the purpose of
18 reducing emissions from diesel trucks in this Commonwealth.
19 (b) Use.--A grant awarded under this section shall be used
20 by the eligible applicant for eligible project costs.
21 (c) Criteria and application.--An eligible applicant shall
22 submit an application on a form and in a manner as determined by
23 the department. The following apply:
24 (1) Proof that the near zero emission truck has been
25 registered for at least two years and titled and insured in
26 this Commonwealth must be included in the application.
27 (2) The vehicle identification number of a pre-2010
28 diesel truck traded-in for a new or used near zero emission
29 truck must be included in the application. The trade-in may
30 not be titled as a salvage vehicle.
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 1 (d) Limits.--
2 (1) An eligible applicant may receive a grant equal to
3 the amount attributable to the Federal excise tax imposed on
4 the purchase of the newest model year available or the
5 immediate prior model year if there has not been a previous
6 owner.
7 (2) An eligible applicant may receive a grant equal to
8 the value of 6% of the secondary sale price or $5,000,
9 whichever is greater, on the purchase of a used near zero
10 emission truck.
11 (e) Awards.--
12 (1) The department shall award grants for applications
13 made by eligible applicants when sufficient money has been
14 appropriated to the fund.
15 (2) Eligible applicants may apply for a grant under this
16 act for the purchase of a near zero emission truck when the
17 department begins the application process and shall remain
18 eligible to apply for a grant award for a period of two years
19 following the purchase of a near zero emission truck or until
20 funding becomes available.
21 (3) The department shall only award grants for the
22 purchase of a new or used near zero emission truck if
23 accompanied by a trade-in of a pre-2010 diesel truck that is
24 titled, registered and insured in this Commonwealth.
25 (e.1) Prohibition.--A diesel truck traded in under the
26 program may not be titled or registered again in this
27 Commonwealth unless a waiver has been obtained from the
28 department verifying that an engine manufactured in 2010 or
29 later has been installed. Nothing in this act shall be construed
30 to prevent a licensed dealer from reselling a pre-2010 diesel
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 1 truck out of State.
2 (f) Audits.--The department may randomly audit and monitor
3 grant recipients to ensure the appropriate use of grant money
4 and compliance with the provisions of this act and the
5 department's guidelines and regulations.
6 (g) Administrative fee.--The department may use money from
7 the fund to pay for the direct costs associated with the
8 administration of the program.
9 Section 5. Near Zero Emission Truck Incentive Fund.
10 The Near Zero Emission Truck Incentive Fund is established as
11 a separate fund in the State Treasury. Money in the fund shall
12 be appropriated to the department on a continuing basis for the
13 purpose of awarding grants to eligible applicants under this
14 act. The following shall apply:
15 (1) The interest and income earned on the money in the
16 fund must, after deducting any applicable charges to
17 administer the program, be credited to the fund.
18 (2) Except as otherwise provided, money remaining in the
19 fund at the end of the fiscal year shall not revert to the
20 General Fund and the balance in the fund must be carried
21 forward to the next fiscal year.
22 (3) Money that is deposited or paid into the fund must
23 be used by the department to carry out the program.
24 Section 6. Duties.
25 The department and the Department of Environmental Protection
26 shall have the following powers and duties:
27 (1) The department, in consultation with the Department
28 of Environmental Protection, shall establish guidelines or
29 promulgate regulations necessary to implement this act,
30 including standards to prevent pre-2010 diesel trucks traded-
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 1 in under the program from being titled and registered again
2 in this Commonwealth under section 4(e)(3).
3 (2) The department shall establish the process through
4 which eligible applicants may apply for grants.
5 (3) The department and the Department of Environmental
6 Protection shall apply for any Federal funding suitable for
7 the purpose of carrying out the program which shall be
8 deposited into the fund. The department and the Department of
9 Environmental Protection shall request and obtain any waivers
10 from the Federal Highway Administration that are necessary to
11 comply with Federal law and any conditions for Federal money.
12 (4) The department and the Department of Environmental
13 Protection may enter into agreements with third-party
14 entities to carry out the provisions of this act, including,
15 but not limited to, reviewing applications and providing
16 technical assistance.
17 (5) The department shall establish a program web page on
18 its publicly accessible Internet website which includes
19 information such as a summary of available Federal funding
20 opportunities and the status of the progress of the
21 Commonwealth's funding applications.
22 (6) On or before December 31, 2025, and each December 31
23 thereafter:
24 (i) The department, in consultation with the
25 Department of Environmental Protection, shall submit to
26 the chairperson and minority chairperson of the
27 Transportation Committee of the Senate and the
28 chairperson and minority chairperson of the
29 Transportation Committee of the House of Representatives
30 a report summarizing the fiscal activity of the program
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 1 and the number of vehicles participating.
2 (ii) The department shall submit to the chairperson
3 and minority chairperson of the Environmental Resources
4 and Energy Committee of the Senate and the chairperson
5 and minority chairperson of the Environmental Resources
6 and Energy Committee of the House of Representatives a
7 report summarizing the estimated avoided air pollution
8 captured as a result of the program.
9 Section 7. Effective date.
10 This act shall take effect immediately.
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