SB 131-FN - AS INTRODUCED
2021 SESSION
21-0839
06/04
SENATE BILL 131-FN
AN ACT adopting omnibus legislation relative to vehicles, municipal water maintenance
certificates, safety certificates, nondrivers's picture I.D.s, decals, and private
roads.
SPONSORS: Sen. Watters, Dist 4
COMMITTEE: Transportation
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ANALYSIS
This bill adopts legislation relative to:
I. Electric vehicle supply equipment and infrastructure and relative to state motor vehicle fleet
management.
II. Removal of abandoned or disabled vehicles by towing.
III. The municipal winter maintenance certification program.
IV. Implementing a mandatory OHRV and snowmobile safety certificate program.
V. Eligibility for the issuance of a nondriver's picture identification card.
VI. The operation of bicycles at or approaching intersections.
VII. Certificate of boating safety.
VIII. Allowing emergency medical services chiefs and fire chiefs to issue decals for multi-use
decal plates.
IX. Private roads.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 131-FN - AS INTRODUCED
21-0839
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to vehicles, municipal water maintenance
certificates, safety certificates, nondrivers's picture I.D.s, decals, and private
roads.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I. LSR 21-0839, relative to electric vehicle supply equipment and infrastructure and
3 relative to state motor vehicle fleet management, sponsored by Sen. Watters, Prime/Dist. 4; Sen.
4 Prentiss, Dist. 5; Sen. Sherman, Dist. 24; Rep. P. Schmidt, Straf. 19; Rep. Sykes, Graf. 13.
5 Part II. LSR 21-0324, relative to removal of abandoned or disabled vehicles by towing,
6 sponsored by Sen. Birdsell, Prime/Dist. 19.
7 Part III. LSR 21-0523, relative to the municipal winter maintenance certification program,
8 sponsored by Sen. Morse, Prime/Dist. 22.
9 Part IV. LSR 21-0869, relative to implementing a mandatory OHRV and snowmobile safety
10 certificate program, sponsored by Sen. Watters, Prime/Dist. 4; Sen. Ward, Dist. 8; Rep. Sykes, Graf.
11 13.
12 Part V. LSR 21-0896, relative to eligibility for the issuance of a nondriver's picture
13 identification card, sponsored by Sen. Watters, Prime/Dist. 4; Rep. Sykes, Graf. 13.
14 Part VI. LSR 21-0986, relative to the operation of bicycles at or approaching intersections
15 sponsored by Sen. Daniels, Prime/Dist. 11; Rep. Ammon, Hills. 40; Rep. Sheehan, Hills. 23.
16 Part VII. LSR 21-0325, relative to certificate of boating safety, sponsored by Sen. Birdsell,
17 Prime/Dist. 19.
18 Part VIII. LSR 21-1055, relative to allowing emergency medical services chiefs and fire
19 chiefs to issue decals for multi-use decal plates, sponsored by Sen. Prentiss, Prime/Dist. 5; Sen.
20 Watters, Dist. 4; Sen. Sherman, Dist. 24; Rep. Merchant, Sull. 4; Rep. Goley, Hills. 8; Rep. McGuire,
21 Merr. 29.
22 Part IX. LSR 21-1065, relative to private roads, sponsored by Sen. Carson, Prime/Dist. 14;
23 Rep. Abramson, Rock. 37.
24 2 Legislation Enacted. The general court hereby enacts the following legislation:
25 PART I
26 Relative to electric vehicle supply equipment and infrastructure and
27 relative to state motor vehicle fleet management.
28 1 Findings. The general court finds that:
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1 I. Transportation emissions contribute approximately 40 percent of the greenhouse gas
2 emissions in the mid-Atlantic and northeastern regions of the United States. There is a compelling
3 economic and environmental need to make a significant reduction in greenhouse gas emissions. It is
4 therefore in the public interest to minimize our transportation system's reliance on high-carbon
5 fuels, promote sustainable growth, and help build the clean energy economy.
6 II. Availability of electric vehicle supply equipment (EVSE) is critical to facilitating the
7 development of the overall electric vehicle (EV) market in the region and will support our tourism-
8 based economy. Adequate EVSE in New Hampshire, and in particular direct current fast chargers
9 (DCFC) along major travel corridors in the state, is necessary to enable travel within and through
10 the state, promote tourism, generate jobs, and support consumers, businesses, and automobile
11 dealers and manufacturers. The state should commit to the development of zero emission vehicles
12 (ZEV) technology and infrastructure, including the state, private and rental residence, business, and
13 municipal installation of EVSE.
14 III. Electric utility investments in grid infrastructure to support the installation of EVSE
15 lowers the barriers to such installation. Electric distribution companies (EDC) are uniquely
16 positioned to enable strategic electrification as part of larger investments in grid modernization
17 capabilities, specifically investments in electric vehicle charging infrastructure. EDC owned or
18 funded behind the meter enabling infrastructure, also known as “make-ready” infrastructure, can
19 accelerate charging infrastructure deployment, and it has the potential to put downward pressure on
20 rates by spreading fixed costs over a greater volume of electric sales.
21 IV. Initial investment from the Volkswagen Settlement and other potential sources should
22 prioritize EVSE installation along the interstate highway system, the New Hampshire turnpike
23 system, and other roadways, with careful consideration of the needs of rural areas and tourism
24 centers, prioritized as determined by the office of strategic initiatives, the New Hampshire
25 department of environmental services, and the New Hampshire department of transportation, in
26 consultation with interested parties.
27 2 Electric Vehicle Charging Stations Infrastructure Commission; Final Recommendations
28 Adopted. State agencies and departments and the New Hampshire transportation council shall
29 utilize the recommendations of the Electric Vehicle Charging Stations Infrastructure Commission.
30 3 Office of Strategic Initiatives; Rebate Program Established. The office of strategic initiatives
31 shall allocate a portion of the New Hampshire Volkswagen Trust for a non-proprietary Level 2 EVSE
32 rebate program for municipalities for publicly accessible chargers, to be administered by a non-
33 governmental entity.
34 4 Utilities; Support of Installation of EVSE. Regulated utilities may include EVSE make-ready
35 programs to fund upgrades necessary to support the installation of EVSE in the systems benefits
36 charge or other mechanisms.
37 5 Electric Vehicle Charging Station Requirements. Amend RSA 236:133, III to read as follows:
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1 III. All publicly funded chargers, including those funded by the Volkswagen Trust
2 Settlement or by federal or other competitively awarded funds, installed after the effective
3 date of this paragraph that are accessible to the public shall be equipped to enable universal access.
4 6 Motor Vehicles; Additional Fees for Registration Permits. Amend RSA 261:154 to read as
5 follows:
6 261:154 Additional Fees for Registration Permits. The governing bodies of towns and cities of a
7 population greater than 50,000 as determined by the last federal census may, subject to the
8 provisions of RSA 261:155, direct the city treasurer or the town clerk to collect in addition to the fees
9 imposed in RSA 261:153, fees for such permits as follows: a sum not to exceed 5 mills on each dollar
10 of the maker's list price for a current model year vehicle, a sum not to exceed 4 mills on each dollar
11 of the maker's list price for the first preceding model year vehicle, a sum not to exceed 3 mills on
12 each dollar of the maker's list price for the second preceding model year vehicle, a sum not to exceed
13 2 mills on each dollar of the maker's list price for the third preceding model year vehicle, and a sum
14 not to exceed one mill on each dollar of the maker's list price for the fourth preceding model year
15 vehicle and any model year prior thereto. In no event, however, shall the fee be less than one dollar.
16 The director shall make the final determination of any vehicle model year in any case in which a
17 dispute arises. All fees collected under this section shall be used for the construction, operation and
18 maintenance of public parking facilities as provided in RSA 231:114-129 and electric vehicle
19 supply equipment.
20 7 New Subparagraph; Motor Vehicles; Registration Fees; Plug-In Hybrid and Electric Vehicles.
21 Amend RSA 261:141, III by inserting after subparagraph (dd) the following new subparagraph:
22 (ee) In addition to any other fee required by this paragraph, for each hybrid and electric
23 vehicles -$20, to be used exclusively by the department of transportation for construction of electric
24 vehicle supply equipment on state highways and turnpikes.
25 8 New Section; Community Revitalization Tax Relief; Electric Vehicle Supply Equipment.
26 Amend RSA 79-E by inserting after section 7-a the following new section:
27 79-E:7-b Public Benefit; Electric Vehicle Supply Equipment. Cities and towns may provide tax
28 relief under this chapter on the value of electric vehicle supply equipment installed in residential
29 homes and rental properties, businesses, and industries.
30 9 State Facility Energy Cost Reduction; Use of State-Owned Vehicles; Definitions. RSA 21-I:19-
31 g, III-a is repealed and reenacted to read as follows:
32 III-a. In this section:
33 (a) "Light duty truck" means a land vehicle which has a gross vehicle weight rating of up
34 to 10,000 pounds and which does not fall within the definition of a passenger vehicle as defined in
35 subparagraph (b).
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1 (b) "Passenger vehicle" means a land vehicle that is defined by the department of
2 administrative services' fleet manager as a passenger sedan, sports activity vehicle, sports utility
3 vehicle, cross-over vehicle, or station wagon.
4 10 Fleet Efficiency and Redistribution; Definition; Motor Vehicle. RSA 21-I:19-i, II(b) is
5 repealed and reenacted to read as follows:
6 (b) "Motor vehicle" means a passenger vehicle or light duty truck as defined by RSA 21-
7 I:19-g.
8 11 New Section; Fleet Efficiency; Zero Emissions. Amend RSA 21-I by inserting after section
9 19-j the following new section:
10 21-I:19-k Zero Emissions.
11 I. The intent of this section is that all state purchased and leased vehicles shall be the
12 lowest emission vehicles available, to the extent feasible, practicable, and cost effective based on
13 total cost of ownership, exclusive of the cost of electric vehicle supply equipment (EVSE), using
14 projected actual ownership time, and that all purchased or leased vehicles shall be zero emission
15 vehicles by 2041, to the extent feasible, practicable and cost effective. Due consideration shall be
16 given to purchasing such vehicles from New Hampshire dealerships that sell and service electric
17 vehicles.
18 II. In this section, the term "zero emissions vehicle" or ZEV means a vehicle that emits no
19 exhaust gas from the on-board source of power, such as an electric vehicle powered solely by a
20 battery or by the use of a hydrogen fuel cell.
21 III. Notwithstanding any provision in RSA 21-I:19-i, the department of administrative
22 services shall establish procedures intended to ensure that to the maximum extent feasible, and
23 consistent with the ability of vehicles to perform their intended functions, all the state's motor
24 vehicles will be ZEVs by the year 2042. The procedures shall be subject to the approval of the ZEV
25 2042 committee established in paragraph VI. These procedures shall not be subject to the
26 rulemaking requirements of RSA 541-A, but shall be binding on all state officials and state agencies.
27 IV. By 2026, all new leases or purchases of light duty trucks or passenger vehicles as defined
28 in RSA 21-I:19-g shall be ZEVs and by 2032 any new leases or purchase of trucks and other vehicles
29 in excess for 10,000 pounds in weight shall be ZEVs.
30 V. Any agency or department of the state that purchases, leases, or otherwise acquires or
31 currently operates a motor vehicle shall develop a plan to transition its vehicles entirely to ZEVs, to
32 the extent feasible for particular vehicles and vehicle classes by 2042. Agencies and departments
33 shall consult with the ZEV 2042 committee established in paragraph VI in developing such
34 feasibility plans and such plans shall only be adopted with the approval of the committee.
35 Transition plans shall be developed by all state agencies and departments for submission to the
36 office of strategic initiatives by June 30, 2022 and revised and submitted every 2 years thereafter
37 until all of the state's motor vehicles are ZEVs. Such plans shall be predicated upon the adequacy of
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1 funding and shall take the existence of adequate funding into account. If ZEV vehicles are not
2 determined to be a feasible option for a particular vehicle acquisition, or for a class of vehicles
3 intended for use by emergency response agencies, then the lowest emission vehicle available that is
4 suitable for that purpose may be considered. Agencies and departments shall include funding for
5 this program each biennium in requests for funding in the general court and the capital budget.
6 VI.(a) There is established the ZEV 2042 committee which shall consult with any agency or
7 department of state that purchase, leases, or otherwise acquires or currently operates motor vehicles
8 in order to transition such vehicles entirely to ZEVs by 2042.
9 (b) Membership of the committee shall be as follows:
10 (1) The commissioner of the department of administrative services.
11 (2) The director of the division of procurement and support services of the
12 department of administrative services, or designee.
13 (3) The commissioner of the department of transportation, or designee.
14 (4) The commissioner of the department of safety, or designee.
15 (5) The commissioner of the department of environmental services, or designee.
16 (c)(1) The committee shall consult with agencies and departments in developing plans to
17 transition such agency or department's vehicles entirely to ZEVs to the extent feasible for particular
18 vehicles and classes by 2042. The committee shall identify in such plans the cost of EVSE, and
19 develop a comprehensive plan and cost analysis for this infrastructure.
20 (2) Within 90 days of receiving an agency or department's plan to transition the
21 committee shall review and may approve such plans if they comply with this section prior to their
22 adoption by a department or agency. If such plans are not approved the submitting agency or
23 department may revise and resubmit such plan to the committee for approval within 30 days of
24 denial of the initial approval.
25 12 Low Carbon Fuel Standards Programs; State Participation. Amend RSA 21-O:23 to read as
26 follows:
27 21-O:23 Low Carbon Fuel Standards Programs; State Participation.
28 I. The state of New Hampshire shall not join[, implement,] or participate in any state,
29 regional, or national low carbon fuel standards program or any similar program that requires
30 quotas, caps, or mandates on any fuels used for transportation, industrial purposes, or home heating
31 without seeking and receiving prior legislative approval.
32 II. The department of environmental services and the department of transportation may
33 engage in regional and national discussions of such programs.
34 [III. The department of environmental services shall report all expenses resulting from its
35 discussions to the fiscal committee of the general court on a semi-annual basis.]
36 13 New Subdivision