SENATE, No. 1983

SECTION 1. Terms used in sections 2 and 3 and sections 21 to 30, inclusive, shall have the meanings assigned to them in section 3 of chapter 25A of the General Laws.

SECTION 2. To provide funding for the Energy Independence Grant Fund, for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative energy vehicles, including heavy, medium and light duty vehicles that utilize either a single fuel or dual fuel, by cities and towns, school districts and regional transit authorities. The sums set forth in section 3 shall be distributed pursuant to a grant program developed and administered by the division of energy resources. The development of the plan shall be conducted in consultation with regional transit authorities established pursuant to chapter 161B of the General Laws. The grant program shall facilitate the development of an alternative fuel infrastructure. The sums set forth in section 3, for the several purposes and subject to the conditions specified in this act, are hereby made available subject to the laws regulating the disbursement of public funds and approval thereof.

SECTION 3. DIVISION OF ENERGY RESOURCES.

7006-1003 For the planning, design and construction of alternative fuel refueling stations on the site of land owned or controlled by the commonwealth or a regional transit authority with a minimum useful life of 5 years, and for financial assistance to cities and towns, school districts and regional transit authorities for the acquisition of alternative fuel vehicles and hybrids with a minimum useful life of 3 years; provided, that the commonwealth or a regional transit authority may enter into agreements or contracts with providers and distributors of alternative fuels necessary to carry out the
purposes of this act . 10,000,000.

SECTION 4. To meet a portion of the expenditures necessary in carrying out section 3, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $10,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Alternative Energy, Energy Independence Act of 2005, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2030. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29.

SECTION 4A. Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 3F. The commissioner shall annually, on or before November 15, publish a list of vehicles sold within the commonwealth which are eligible to receive an exemption from certain percentages of the sales tax and the percentage reduction in the sales tax assessed under section 2 of chapter 64H to which they shall be entitled in the following taxable year.
The commissioner shall establish a list and provide a schedule of sales tax exemptions for vehicles based upon their fuel mileage ratings as determined by the United States Environmental Protection Agency, based on a formula annually updated which reflects: (a) a vehicle's mileage relative to other vehicles within its passenger seating class; and (b) the percentage of the vehicle that is American-made.
The commissioner shall provide exemptions for the following classes of vehicles: 2 and 4-passenger vehicles, 5-passenger vehicles and vehicles that seat 6 or more passengers.
The commissioner shall design the list so that no vehicle which is less than 60 percent as efficient, for 2 to 4 and 5-passenger vehicles, and 70 percent as efficient, for 6-passenger and more vehicles, as the best vehicle in its respective class receives the sales tax exemption. The commissioner may, after issuing a draft determination and holding a public hearing, raise the level below which a vehicle shall not qualify for benefits.
The list shall be made available for public comment not later than November 1 of each year and the commissioner shall determine what shall be included on the final list. The final list shall be distributed to boards of assessors and tax collectors within each municipality.

Nothwithstanding any general or special law to the contrary, the amounts rebated pursuant to this section shall not count as an abatement with respect to calculation of the share of state sales tax apportioned to the Massachusetts Bay Transportation Authority or School Modernization and Reconstruction Trust Fund.”

SECTION 5.  Chapter 25 of the General Laws is hereby amended in section 19, by adding at the end thereof:

Beginning on March 1, 2007, and for a period of 10 years thereafter, the department is authorized and directed to require a mandatory charge per therm for all consumers of natural gas in the commonwealth, to fund energy efficiency activities including, but not limited to, demand-side management programs. Said charge shall be in the amount of 30 mills ($0.03) per therm for calendar years 2007 through 2016, inclusive; provided, however, that in authorizing such programs the department shall ensure that they are delivered in a cost-effective manner utilizing competitive procurement processes to the fullest extent practicable. At least 20 per cent of the amount expended for residential demand-side management programs by each distribution company in any year, and in no event less than the amount funded by a charge of 3 mills per therm, shall be spent on comprehensive low-income residential demand-side management and education programs. The low-income residential demand-side management and education programs shall be implemented through the low-income weatherization and fuel assistance program network and shall be coordinated with all electric utility companies in the commonwealth with the objective of standardizing implementation. On January 1, 2016, the division of energy resources shall, in order to determine if energy investments shall continue beyond calendar year 2016, review then-current market barriers, experience with competitive markets, and related environmental and economic goals. If said division determines that the continued operation of the programs delivers cost-effective, energy efficiency services, said division shall file, with the clerk of the house of representatives of the general court, legislation to extend for a time certain the authorization contained herein for such a charge to fund energy efficiency activities.

SECTION 6.  Chapter 25 of General Laws is hereby amended by adding, after section 21, the following sections:

ENERGY RESOURCES PROCUREMENT BOARD

Section  22.  Energy Resources Procurement Board

(a)  There is established an Energy Resources Procurement Board which shall consist of representatives appointed by the Governor of (i) a state-wide manufacturing association,  (ii) a state-wide business association,  (iii) a chamber of commerce, (iv) residential customers, (v) low income customers, (vi) an environmental organization knowledgeable in energy efficiency and energy procurement programs,  (vii) the Division of Energy Resources, (viii) the Department of Environmental Protection, (ix) and the Attorney General.  Representatives of the Department of Telecommunications and Energy and of each of the electric and natural gas distribution companies shall be non-voting, ex-officio members of the board.  The board may retain expert consultants provided such consultants may not have any contractual relationship with an electric or natural gas distribution company or electricity or natural gas provider.  The board shall annually submit to the Department of Telecommunications and Energy a proposal regarding the level of funding required for the discharge of its duties, which proposal shall be approved by the department either as submitted or as modified by the department.

Section 23.  Comprehensive Electric Resources Procurement Plan

(a)  The electric distribution companies, in coordination with the board, shall develop a comprehensive plan for the procurement of electric energy resources, including, but not limited to, conventional and renewable generating facilities, energy efficiency, load management, demand response, combined heat and power facilities, and distributed generation, to meet the projected requirements of their customers in a manner which minimizes the cost of such resources to customers over time consistent with the state’s environmental goals and standards.  On or before October 1, 2007, and every three years thereafter, the companies will submit to the board an assessment of (i) the energy and capacity requirements of the customers for each of the next ten years, (ii) the impact of current and projected environmental standards, including, but not limited to, those related to greenhouse gas emissions and the federal Clean Air Act goals, and how different resources could assist in achieving those standards and goals, (iii) energy security and economic risks associated with potential energy resources, and (iv) the estimated lifetime cost and availability of potential energy resources.  The board will review the assessment and provide comments to the companies within two months thereafter.

(b)  Based on the assessment and the comments of the board, the electric distribution companies shall submit proposed comprehensive electric resources procurement plan(s) to the board within three months after receiving the comments of the Board.  Resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost effective, reliable and feasible.  The plan shall specify (i) the total amount of energy and capacity resources that are needed to meet the requirements of all customers, (ii) the extent to which demand side measures, including efficiency, conservation, demand response, and load management can cost-effectively meet these needs, (iii) needs for generating capacity and transmission and distribution improvements, (iv) how the development of said resources will reduce and stabilize the costs of electricity to consumers and (v) the manner in which each of the proposed resources should be procured, including the optimal contract periods for various resources (vi) the manner in which the plan will further air quality goals and reduce greenhouse gas emissions. The plan shall consider: (a) approaches to maximize the impact of demand side measures, (b) the extent to which generation needs can be met by renewable and combined heat and power facilities and by the impact of regional market incentives, (c) types and locations for generation that would optimize the generation portfolio within the state, (d) fuel types, diversity, availability, firmness of supply, and security and environmental impacts thereof, including impacts on meeting the state’s greenhouse gas emission goals; (e) reliability, peak load and energy forecasts, system contingencies, and existing resource availabilities; (f) import limitations and the appropriate reliance on such imports; (g) the costs and benefits of options for the ownership of energy resources, including ownership by an electric distribution company, (h) if it is in the best interest of customers, how new resources could be integrated into the standard service provided pursuant to Sec. XXX of the general laws; and (i) the impact of the electric resources procurement plan on the costs of electric customers, including, but not limited to, effects on capacity and energy costs, rate stability, and affordability for low-income customers.  The electric resources procurement plan shall include a summary of the savings secured by the plan for electric customers.    

(c)  The proposed electric resources procurement plan shall be reviewed by the board and approved as submitted or as modified by the board within four months after receipt.  The companies shall provide any additional information requested by the board which is relevant to the consideration of the electric resources procurement plan.  The board shall submit the approved plan, together with a statement of any unresolved issues to the Department of Telecommunications and Energy.  The department shall consider the plan in an uncontested docket and shall provide an opportunity for interested parties to submit comments regarding the plan. Not later than one hundred twenty days after submission of the plan, the department shall approve or modify and approve the plan.

Section 24.  Implementation of Comprehensive Electric Resources Procurement Plan

(a)  The department shall implement the electric resources procurement plan by (i) issuing requests for proposals to meet specified electric energy resource needs set forth in the plan or by directing the Division of Energy Resources or the electric distribution companies to issue such requests for proposals, (ii) directing the electric distribution companies to incorporate additional demand-side measures set forth in the plan into the comprehensive conservation and load management plan prepared pursuant to Sec. 28 of this chapter for review by the Energy Efficiency Board, (iii) directing the distribution companies to submit proposals for specific transmission, distribution or generating facility improvements or projects set forth in the plan, or (iv) taking other actions within its authority to implement the electric resources procurement plan.

(b)  If the department determines to implement provisions of the plan by issuing one or more requests for proposals, it shall conduct a contested case proceeding to develop and issue the request.  The department shall publish requests for proposals under this section in one or more newspapers or periodicals, as selected by the department and shall post such request for proposals on its web site.  The department may retain the services of a third-party entity with experience in the area of energy procurement to oversee the development of the requests for proposals and to assist the department in its approval of proposals pursuant to this section.  The department may require the electric distribution companies to enter into contracts with entities whose proposals are approved by the department.  The provisions of such contracts shall be consistent with the electric resources procurement plan and shall be approved by the department.

(c) The electric distribution companies shall provide quarterly implementation reports to the Board commencing two and half months after the approval of the electric resources procurement plan by the department.  Such quarterly reports shall include: description of the extent to which the implementation of the plan is meeting the elements specified in the plan as required by Section 24 (b) of this chapter and a summary of the savings secured by the implementation thus far of the plan for electric customers.  The quarterly reports shall also include the targets for each electric energy resource included in the plan approved by the department and the achieved percentages to date for each electric energy resource including the achieved percentages for efficiency, distributed generation, demand response, combined heat and power and renewables.  The electric distribution companies shall provide annual implementation reports commencing one year after the approval of the electric resources procurement plan by the department that include all the same elements as the quarterly reports to the department, the board, and General Assembly. 

(d)  Effective January 1, 2008, until the comprehensive electric procurement plan is implemented by the department, the electric distribution companies shall include all available energy efficiency and demand reduction resources that are cost effective, reliable and feasible in a comprehensive conservation and load management plan prepared pursuant to Sec. 28 of this chapter for review by the Energy Efficiency Board.

(e)  All costs associated with the development and implementation of the electric plan which are not otherwise directly allocable shall be recoverable through electric distribution rates.

(f)  The limitation on the assessment of additional charges relative to energy efficiency programs contained in Chapter 25, Sec. 19 of the General Laws shall not apply to charges required to implement the comprehensive electric procurement plan.

Section 25.  Comprehensive Natural Gas Resources Procurement Plan.

(a)  The natural gas distribution companies, in coordination with the Energy Resources Procurement Board, shall develop a comprehensive plan for the procurement of natural gas energy resources, including, but not limited to, conventional supply and storage contracts, energy efficiency, load management, and combined heat and power facilities to meet the projected requirements of their customers in a manner which minimizes the cost of such resources to customers over time consistent with the state’s environmental goals and standards.  On or before October 1, 2008, and every three years thereafter, the companies will submit to the board an assessment of (i) the volumetric natural gas and capacity requirements of the customers for each of the next ten years, (ii) the impact of current and projected environmental standards, including, but not limited to, those related to greenhouse gas emissions and the federal Clean Air Act goals, and how different resources could assist in achieving those standards and goals, (iii) energy security and economic risks associated with potential energy resources, and (iv) the estimated lifetime cost and availability of potential energy resources.  The board will review the assessment and provide comments to the companies within two months thereafter.

(b)  Based on the assessment and the comments of the board, the natural gas distribution companies shall submit a proposed comprehensive natural gas resources procurement plan to the board within three months after receiving the comments of the Board.  Resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost effective, reliable and feasible. The plan shall specify (i) the total amount of volumetric natural gas and capacity resources that are needed to meet the requirements of all customers, (ii) the extent to which demand side measures, including efficiency, conservation, and load management can cost-effectively meet these needs, (iii) needs for transmission and distribution improvements, (iv) how the development of said resources will reduce and stabilize the costs of natural gas consumers; (v) the manner in which each of the proposed resources should be procured, including the optimal contract periods for various resources and (vi) the manner in which the plan will further air quality goals and reduce greenhouse gas emissions.  The plan shall consider: (a) approaches to maximizing the impact of demand side measures, (b) reliability, peak demand and energy forecasts, system contingencies, and existing resource availabilities; (c) pipeline and other supply limitations; and (d) the impact of the natural gas resources procurement plan on the costs of natural gas customers, including, but not limited to, effects on volumetric and capacity costs, rate stability, and affordability for low-income customers. The natural gas resources procurement plan shall include a summary of the savings secured by the plan for natural gas customers.

(c)  The proposed natural gas resources procurement plan shall be reviewed by the board and approved as submitted or as modified by the board within four months after receipt.  The companies shall provide any additional information requested by the board which is relevant to the consideration of the natural gas resources procurement plan.  The board shall submit the approved plan, together with a statement of any unresolved issues to the Department of Telecommunications and Energy. The department shall consider the plan in an uncontested docket and shall provide an opportunity for interested parties to submit comments regarding the plan. Not later than one hundred twenty days after submission of the plan, the department shall approve or modify and approve the plan.

Section 26.  Implementation of the Comprehensive Natural Gas Resources Procurement Plan

 (a)  The department shall implement the natural gas resources procurement plan by (i) issuing requests for proposals to meet specified natural gas energy resource needs set forth in the plan or by directing the Division of Energy Resources or the natural gas distribution companies to issue such requests for proposals, (ii) directing the natural gas distribution companies to incorporate additional demand-side measures set forth in the plan into the comprehensive conservation and load management plan prepared pursuant to Sec. 28 of this chapter for review by the Energy Efficiency Board, (iii) directing the distribution companies to submit proposals for specific transmission, distribution or generating facility improvements or projects set forth in the plan, or (iv) taking other actions within its authority to implement the natural gas resources procurement plan.

(b)  If the department determines to implement provisions of the plan by issuing one or more requests for proposals, it shall conduct a contested case proceeding to develop and issue the request.  The department shall publish requests for proposals under this section in one or more newspapers or periodicals, as selected by the department and shall post such request for proposals on its web site. The department may require the natural gas distribution companies to enter into contracts with entities whose proposals are approved by the department.  The provisions of such contracts shall be consistent with the natural gas resources procurement plan and shall be approved by the department.

(c) The natural gas distribution companies shall provide quarterly implementation reports to the Board commencing two and half months after the approval of the natural gas resources procurement plan by the department.  Such quarterly reports shall include: description of the extent to which the implementation of the plan is meeting the elements specified in the plan as required by Section 26 (b) of this chapter and a summary of the savings secured by the implementation thus far of the plan for electric customers.  The quarterly reports shall also include the targets for each natural gas energy resource included in the plan approved by the department and the achieved percentages to date for each natural gas energy resource including but not limited to efficiency and load management. The natural gas distribution companies shall provide annual implementation reports commencing one year after the approval of the natural gas resources procurement plan by the department hat include all the same elements as the quarterly reports to the department, the board, and the Massachusetts General Court.

(d)  Effective January 1, 2008, until the comprehensive natural gas procurement plan is implemented by the department, the natural gas distribution companies shall include all available energy efficiency and demand reduction resources that are cost effective, reliable and feasible in a comprehensive conservation and load management plan prepared pursuant to Sec. 28 of this chapter for review by the Energy Efficiency Board, provided that funding for such energy efficiency and demand reduction resources shall be not less than 20 mills per therm for all consumers of natural gas in the commonwealth.

(e)  All costs associated with the development and implementation of the natural gas plan which are not otherwise directly allocable shall be recoverable through natural gas distribution rates. 

Section 27.  Aligning Utility Incentives with Reducing Consumer Costs and Increased Energy Efficiency

(a) On or after the issuance of a final decision in a proceeding on amendments to rate schedules for any electric or natural gas company, but not later than January 1, 2009, any purchased natural gas adjustment clause or energy adjustment clause approved by the department for such company shall include a provision designed to allow the electric or natural gas company to charge or reimburse customers for any under-recovery or over-recovery of overhead and fixed costs due solely to the deviation of actual retail sales of electricity or natural gas from projected retail sales of electricity or natural gas.

(b) On or before, July 1, 2008, the department shall conduct an uncontested docket to establish a performance based incentive plan which allows for additional compensation for each electric and natural gas distribution company based on the level of success in mitigating and reducing the cost and variability of electric and natural gas services for customers through implementation of the electric and natural gas procurement plans and shall provide an opportunity for interested parties to submit comments regarding the plan.

Section 28.  Energy Efficiency Program Oversight 

(a) The Division of Energy Resources shall appoint and convene an Energy Efficiency Board which shall include representatives of: (i) a state-wide manufacturing association,  (ii) a state-wide business association, (iii) a chamber of commerce, (iv) a heating oil industry representative (v) residential customers, (vi) low income customers, (vii) an environmental organization knowledgeable in energy efficiency and energy procurement programs, (viii) the Division of Energy Resources, (ix) the Department of Environmental Protection, (x) and the Attorney General.  Representatives of the Department of Telecommunications and Energy and of each of the electric and natural gas distribution companies shall be non-voting, ex-officio members of the board.

(b)(1) The Energy Efficiency Board shall advise and assist the electric and natural gas distribution companies in the development and implementation of comprehensive plans, which plans shall be approved by the Department of Telecommunications and Energy, to implement cost-effective energy efficiency programs and market transformation initiatives. The plan shall be consistent with the comprehensive procurement plans approved by the Energy Resources Procurement Board pursuant to sections 23 and 25 of this chapter at the time of submission to the department.  Each program contained in the plan shall be either accepted or rejected by the Energy Efficiency Board prior to submission to the department for approval.  The Energy Efficiency Board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than one fuel resource or otherwise to coordinate programs targeted at saving ore than one fuel resource. Any costs for joint programs shall be allocated equitably among the efficiency programs.

 (2) Programs included in the plan developed under subdivision (1) of this section shall be screened through cost-effectiveness testing which compares the value and payback period of program benefits to program costs to ensure that programs are designed to obtain energy savings and system benefits whose value is greater than the costs of the programs.  Program cost-effectiveness shall be reviewed annually, or otherwise as is practicable.  If a program is determined to fail the cost-effectiveness test as part of the review process, it shall either be modified to meet the test or shall be terminated. On or before March 1, 2008, and annually thereafter, the board shall provide a report to the Massachusetts House and Senate Ways and Means Committees that documents expenditures and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year.

(3) Programs included in the plan developed under subdivision (1) of subsection (d) of this section may include, but not be limited to: (A) conservation and load management programs, including programs that benefit low-income individuals; (B) research, development and commercialization of products or processes which are more energy-efficient than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, real-time monitoring systems, engineering studies and services related to new construction or major building renovation; (E) the design, manufacture, commercialization and purchase of energy-efficient appliances and heating, air conditioning and lighting devices; (F) program planning and evaluation; (G) joint fuel efficiency initiatives programs targeted at reducing consumption of more than one fuel resource; and (H) public education regarding efficiency. Such support may be by direct funding, manufacturers’ rebates, sale price and loan subsidies, leases and promotional and educational activities. The plan shall also provide for expenditures by the Energy Efficiency Board for the retention of expert consultants and reasonable administrative costs provided such consultants shall not be employed by, or have any contractual relationship with, an electric or natural gas distribution company. Such costs shall not exceed five per cent of the total costs of the plans.

Section 29.  Fuel Oil Efficiency 

 (a) The Energy Efficiency Board shall develop programs to provide energy efficiency services for home heating oil consumers.  The programs shall be developed with advice and input from heating oil dealers and service technicians.  The Board shall ensure that input is solicited from heating oil dealers and service technicians located in different regions of the state.

(b) The Board will issue a request for proposals and select a program administrator(s) to develop and implement programs for cost effective heating and fuel oil efficiency.  The elements of the plan, approval process, and implementation will be consistent with Chapter 25, Section 28. 

(c) A not for profit corporation shall be created, the Fuel Oil Efficiency Trust, with a board comprised of 5 representatives elected from the membership of the Board by the Board to collect and administer monies for heating and fuel oil conservation.  Upon approval of an efficiency plan by the Board, the Fuel Oil Efficiency Trust shall pay the approved amount to the program administrator.

(d) The state shall impose a one cent per gallon tax on the sale of number 2 fuel oil (fuel and heating oil, use in electric generation and transportation exempt) at the wholesale level which shall be paid to the Fuel Oil Efficiency Trust. The state will create a corresponding one cent per gallon tax credit for wholesale distributors of fuel oil when they contribute one cent per gallon on the sale of number 2 fuel oil to the Fuel Oil Efficiency Trust.

Section 30.  Increased supply from Combined Heat and Power

 (a) The Department of Telecommunications and Energy shall develop a program utilizing incentives, competitive contracts, or a portfolio standard, after a review of the most cost-effective mechanisms, to increase the generation of electricity from combined heat and power systems in the state.

(b) Eligible combined heat and power systems shall be new, operational after January 1, 2007, and achieve an efficiency of seventy five percent or greater on an annual basis, with annual reporting to the Department.

(c) The program or policies developed by the Department shall supply one percent of the states total electric supply in 2010, and increase by one percent per year to six percent in 2015.  The Department and the Division of Energy Resources shall assess the potential to increase the combined heat and power target in the years beyond 2015 and the Department shall have the authority to increase the percentages at any time if it is in the state’s economic and environmental interest to do so.  The programs or policies shall be funded through electric distribution rates.

Section 31.  Home Energy Scoring

In consultation with the Board of Home Inspectors within the Division of Professional Licensure, the Energy Efficiency Board shall develop a home energy scoring program to be performed as a part of the standard home inspection performed by inspectors licensed pursuant to chapter 112 of the General Laws.  The Energy Efficiency Board shall consider other state home scoring programs, as well as any relevant federal programs.  The Board shall develop said program and report to the Board of Home Inspectors by January 1, 2007.

SECTION 7. Section 3 of chapter 25A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting in their appropriate alphabetical sequence the following definitions:

"Aftermarket conversion", a converted vehicle originally designed to operate on gasoline that has been altered to run on an alternative fuel exclusively or in combination with gasoline.
"Alternative fuel refueling station", any platform that provides for the delivery of alternative fuels.
"Alternative fuel vehicle", a vehicle powered by alternative fuel. An alternative fuel vehicle shall have the following attributes:
(1) the capability of operating only on an alternative fuel;
(2) original use commencing with the taxpayer; and
(3) acquisition by the taxpayer for use or lease, but not for resale.
"Alternative fuels", biodiesel, electricity, ethanol, hydrogen, methanol, natural gas and propane.
"Biodiesel", renewable fuel that can be manufactured from vegetable oils, animal fats, or recycled restaurant greases, including both biodiesel blends and pure forms, including B20 20 per cent neat biodiesel and 80 per cent diesel.
"Electricity", transportation fuel to power battery electric and fuel cell vehicles.
"Ethanol", an alcohol-based alternative fuel produced by fermenting and distilling starch crops that have been converted into simple sugars. Specifically, blends such as 85 per cent ethanol and 15 per cent gasoline, E85, shall be considered an alternative.
"Heavy duty vehicle", a vehicle with a gross vehicle weight rating, GVWR, equal to or greater than 40,001 pounds GVWR.
"Hybrid vehicle", (1) a vehicle which draws propulsion energy from onboard sources of stored energy which are both: (i) an internal combustion or heat engine using combustible fuel; and (ii) a rechargeable energy storage system; (2) a vehicle which, in the case of a passenger automobile, medium duty passenger vehicle or light truck: (i) for 2002 and later model vehicles, has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year; (ii) for 2004 and later model vehicles, has received a certificate that the vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle; and (iii) and achieves an increase of 10 per cent fuel efficiency as compared to the average vehicle of its class as defined by the federal Environmental Protection Agency.
"Hydrogen", a fuel which is in a gaseous state at atmospheric pressure and ambient temperatures containing low levels of carbon monoxide and carbon dioxide for use in combustion engines and fuel cell electric vehicles.
"Light duty vehicle", a vehicle with a gross vehicle weight rating, GVWR, of 0 to 10,000 pounds.
"Medium duty vehicle," a vehicle with a gross vehicle weight rating, GVWR, of 10,001 to 40,000 pounds.
"Methanol", a wood alcohol used as an alternative fuel in flexible fuel vehicles that run on M85, a blend of 85 per cent methanol and 15 per cent gasoline.
"Natural gas", applications as stored onboard a vehicle as compressed natural gas, CNG, at 3,000 or 3,600 pounds per square inch or as liquefied natural gas, LNG, at typically 20 to 150 pounds per square inch.
"Propane" liquefied petroleum gas, LPG.
"Regional transit authority", as established pursuant to chapter 161 and chapter 161B.

SECTION 8. Section 11B of chapter 25A of the General Laws, as so appearing, is hereby amended by adding the following 4 paragraphs:-

When purchasing new motor vehicles, the commonwealth shall purchase hybrid or alternative fuel vehicles to the maximum feasible extent at a rate of not less than 5 per cent annually for all new motor vehicle purchases in order that, taking into account the existing number of such vehicles owned and operated by the commonwealth, not less than 50 per cent of the motor vehicles owned and operated by the commonwealth are hybrid or alternative fuel vehicles by the year 2010.
The division of operational services shall forward to the division of energy resources all requests for motor vehicle acquisitions by agencies of the commonwealth. The division shall thereafter report to the division of operational services regarding the availability of a hybrid or alternative fuel vehicle that will feasibly achieve the intended use designated by the requesting agency.
The division shall develop a system of protocols for reporting to the division of operational services for the acquisition of alternative fuel vehicles and hybrids, including identifying the potential for acquisition of heavy, medium and light-duty vehicles, based on the anticipated mileage and usage of such vehicles, and the effectiveness of single fuel or dual fuel alternative fuel vehicles for the particular purpose identified.
The division shall submit in writing to the secretary of administration and finance, the clerks of the senate and house of representatives and the joint committee on state administration and regulatory oversight an annual statement detailing the progress, as well as any additional information relevant to the acquisition of hybrid or alternative fuel vehicles by the commonwealth.

SECTION 9. Said chapter 25A is hereby further amended by inserting after section 11H the following 2 sections:-

Section 11I. There shall be established and set up on the books of the Commonwealth an Energy Independence Grant Fund to be used, subject to appropriation for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative fuel vehicles, including heavy, medium and light duty vehicles that use either a single fuel or dual fuels, by cities and towns, school districts and regional transit authorities. The grants may be used for the purpose of matching federal grants. In addition, the grants may be expended pursuant to cooperative purchasing agreements with other entities. Funds expended shall, to the extent possible, maximize reimbursement from federal or other sources. The fund shall consist of any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited to it. The fund shall encourage, support and foster the development of hybrid and alternative fuel vehicles in order to promote increased autonomy from fossil fuels, to mitigate the fiscal impact of the high cost of fuel on cities and towns and to provide environmental benefits through the reduction of carbon dioxide and carbon monoxide emissions.
Section 11J. (a) The division shall receive applications for grants from the fund from cities and towns, school districts and regional transit authorities and award grants to assist any of them in the purchase or lease of hybrid and alternative fuel vehicles or for the aftermarket conversion of conventional fuel vehicles for municipal or regional transit purposes. The division shall develop a scoring system to serve as the basis for the evaluation and the determination of awarding grants pursuant to this section. The scoring system shall determine the maximum grant amount available for a specific application. The scoring system shall be based upon the type of vehicle being acquired or retrofitted, the cost, the type of use anticipated, fuel economy, range and the anticipated useful life of a vehicle and shall employ the federal standards set forth in the Corporate Average Fuel Economy provision of the Energy Policy Conservation Act of 1975 and any other applicable federal standards. The scoring system shall designate the amount of assistance available to a municipality, school district or regional transit authority based upon those factors and the division may award grants up to that amount commensurate with said factors. In awarding grants, the division shall give consideration to applications from cities and towns, school districts and regional transit authorities from diverse geographic regions. A city or town, school district or regional transit authority which is awarded a grant under this program shall submit an annual report to the division identifying and detailing: (1) the type of the hybrid or alternative fuel vehicle purchased, leased or converted; (2) the usage and any cost savings to the city or town, school district or regional transit authority associated with the reduction of use of standard gasoline from the use of the vehicle; and (3) any environmental benefits from, but not limited to, the reduction in emissions.
(b) A city or town, school district or regional transit authority shall apply for a fund grant in the manner specified by the commissioner.
(c) The division shall promulgate policies, rules and regulations to implement this section. The commissioner shall file the policies, rules and regulations with the joint committee on state administration and regulatory oversight for review and comment not later than 30 days before the effective date of any policies, rules and regulations.
(d) Not less than $100,000 shall be expended from the fund for the Massachusetts Maritime Academy for a pilot program to utilize wind energy technology to create on-site, hydrogen-based electricity to reduce the high cost of energy at public institutions of higher education. The academy shall use the funds to develop a hydrogen-based, fuel cell powered tug boat.

SECTION 10. The General Laws are hereby amended by inserting after chapter 30B the following chapter:-

CHAPTER 30C.
CLIMATE CHANGE POLICY ACT

Section 1. Short Title.

This Chapter shall be known and may be cited as the Climate Change Policy Act.

Section 2. Purpose.

The major purpose of this chapter and regulations and actions initiated under this chapter is to prevent or minimize damage to the environment, pursuant to section 7A of chapter 214.

Section 3. Findings.

It is hereby found and declared that:

(a)    Atmospheric concentrations of carbon dioxide, methane, nitrous oxide, and other greenhouse gases are substantially higher than at any point in recent millennia and these concentrations are linked to human activity;

(b)   Increased atmospheric concentrations of greenhouse gases has serious impacts on the global climate, causing, among other things, instability that will increase the frequency and severity of weather events;

(c)    The risks posed by global climate change are real and will have serious consequences for Massachusetts;

(d)   The government of Massachusetts has the opportunity to set an example for other political jurisdictions and for private actors by reducing the release of anthropogenic greenhouse gases from the Commonwealth and by participating in multi-state and regional efforts to expand these initiatives to a broader geographic territory and

(e)    The implementation of programs that decrease the Commonwealth’s contribution to climate change will also advance other important state objectives such as sustainable economic development, energy independence, and cleaner air.

Section 3. Definitions.

As used in this chapter, the following terms shall have the following meanings, unless the context otherwise requires:

"Agency'', an agency, department, board, commission or authority of the Commonwealth, and any authority of any political subdivision which is specifically created as an authority under special or general law.

“De Minimis Emissions”, GHG emissions that are below a threshold that the Department of Environmental Protection determines by rule may reasonably be considered too small to warrant reporting.

“Greenhouse Gas”, a chemical or physical substance that, when emitted into the air, the Department of Environmental Protection determines by rule may reasonably be anticipated to cause or contribute to climate change.  Greenhouse Gas shall include, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

“GHG Emissions”, the release of greenhouse gases into the atmosphere from human activities.

“Facility”, a structure that, by any means, releases more than de minimis emissions of greenhouse gases.  Facility refers to each separated or separable structure, even if owned or operated by the same entity.  Facility shall include mobile power generators, but shall not include idling vehicles.  Facility shall include structures that are owned or operated by the Commonwealth and meet the above requirements.

Section 4. Regulations to Enforce Greenhouse Gas Emission Reduction Targets

(a) The regulations promulgated under this section shall ensure that the following targets for reduction of GHG emissions are attained:

(1)   Reduction by 2015 – Reduce GHG emissions to 10% below 1990 levels by January 1, 2015.

(2)   Reduction by 2020 – Reduce GHG emissions to 20% below 1990 levels by January 1, 2020.

(3)   Reduction by 2050 – Reduce GHG emissions to 85% below 1990 levels by January 1, 2050.

(b) By May 1, 2008, the Executive Office of Environmental Affairs, the Department of Environmental Protection, the Registry of Motor Vehicles, the Department of Telecommunications and Energy, the Department of Agriculture Resources, and the Board of Building Regulations and Standards, and such other agencies that the Department of Environmental Protection determines regulates or otherwise effects major sources of greenhouse gas emissions, shall have promulgated or otherwise put into place regulations that the Department of Environmental Protection has determined are reasonably calculated to attain the targets in this section.  These regulations shall include provisions requiring:

(1) Consideration of net impact on GHG emissions in connection with the consideration and issuance of permits, licenses and other administrative approvals and decisions;

(2)  In connection with the issuance of permits, licenses and other administrative approvals and decisions, there shall be a presumption in favor of alternatives having a lesser net impact on GHG emissions so long as such alternatives do not entail a risk of substantially increased damage to the environment as compared with alternatives having a greater net impact on GHG emissions;

(3)  In connection with the consideration and issuance of permits, licenses and other administrative approvals and decisions, the reasonably foreseeable impacts of climate change, including, for example, anticipated sea level rise, shall be taken into consideration;

(4) That all capital planning and infrastructure spending prioritization plans and decisions shall clearly state, using a methodology devised by the Department of Environmental Protection, the net impact of said plans and decisions on GHG emissions.

(c) The regulations promulgated under this section shall include, but not be limited to reducing:

(1)   GHG emissions from both mobile and stationary sources in the Commonwealth,

(2)   energy use in the Commonwealth resulting in the reduction of GHG emissions from sources both inside and outside the Commonwealth and

(3)   dependency on energy sources that result in the release of GHG emissions.

(d) Beginning no later than January 1, 2008 agencies shall submit to the Department of Environmental Protection an annual plan that includes identification and prioritization of strategies to implement this section.  Within 60 days the Department of Environmental Protection shall determine if such plan is adequate and if the regulations of the subject agency are still adequate and are being adequately implemented in a manner consistent with attaining the goals set forth in section 4(a) of this Chapter.

SECTION 11. Paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after subparagraph 9 the following subparagraph:-

(91/2) For taxable years beginning on or after January 1, 2006, in the case of an individual who purchases a hybrid or alternative fuel vehicle, as those terms are defined in section 3 of chapter 25A, there shall be a deduction in the amount of $2,000 for a single person, for a person who qualifies as a head of household under section 2(b) of the Code or for a husband and wife in the taxable year in which the purchase is made. The department of revenue may require a proof of purchase to be submitted with a return in order to be eligible for the deduction.

SECTION 12. Section 31A of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word "fishing", in lines 4 and 24, the following words:-

or a corporation primarily engaged in the development, construction or operation of an alternative fuel refueling station, and the development of alternative fuels, as those terms are defined in section 3 of chapter 25A.

SECTION 13. Said chapter 63 is hereby further amended by inserting after section 31C the following 2 sections:-

Section 31C1/2. A corporation which maintains a motor vehicle fleet equal to or in excess of 50 vehicles, including those of carriers licensed pursuant to chapter 159B, and purchases, leases or performs an aftermarket conversion, as that term is defined in section 3 of chapter 25A, of a conventional fuel vehicle to an alternative fuel vehicle, as that term is defined in said section 3 of said chapter 25A, and maintains the alternative fuel vehicle, and which corporation is a domestic or foreign corporation under subparagraph 1 or 2 of section 30, may receive a credit against its excise due under this chapter. The amount of the credit shall be equal to 50 per cent of the difference between the purchase price or the cost of the aftermarket conversion of the alternative fuel vehicle and the listed purchase price of a gasoline-powered vehicle of like quality during the taxable year of the purchase. A corporation which does not maintain at least 10 per cent of its fleet as alternative fuel vehicles or hybrid vehicles, as those terms are defined in said section 3 of said chapter 25A, shall not be eligible for the credit.
Section 31C3/4. A corporation, licensed as a common carrier of passengers under chapter 159A, which maintains a motor vehicle fleet equal to or in excess of 25 vehicles and purchases, leases or performs an aftermarket conversion, as that term is defined in section 3 of chapter 25A, of a conventional fuel vehicle to an alternative fuel vehicle, as that term is defined in section 3 of chapter 25A, and maintains the alternative fuel vehicle, and which corporation is a domestic or foreign corporation under subparagraph 1 or 2 of section 30, may receive a credit against its excise due under this chapter. The amount of the credit shall be equal to fifty per cent of the difference between the purchase price or the cost of the aftermarket conversion of the alternative fuel vehicle and the listed purchase price of a gasoline-powered vehicle of like quality during the taxable year of the purchase, as hereinafter provided. A corporation which does not maintain at least 10 per cent of its fleet as alternative fuel vehicles or hybrid vehicles, as those terms are defined in said section 3 of said chapter 25A, shall not be eligible for the credit.

SECTION 14. Section 4 of chapter 64E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9 and 10, the words "19.1 per cent of the average price computed to the nearest tenth of one per cent per gallon" and inserting in place thereof the following words:- 25 per cent less than the rate on fuel set forth in chapter 64A.

SECTION 15. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the tenth paragraph the following paragraph:-

Upon application, the registrar shall furnish an energy independence placard or sticker bearing a designation to be determined by the registrar to any person who is the title or lease holder of a qualified hybrid or alternative fuel vehicle, as those terms are defined in section 3 of chapter 25A, and who meets the requirements of this paragraph. The placard or sticker shall be of a size and design to be determined by the registrar and shall be numbered and contain identifying features and specifications as the registrar considers appropriate. The authorized user shall permanently affix the placard or sticker to the vehicle so as to be readily visible in accordance with instructions provided by the registrar from time to time. The registrar may impose a reasonable fee for the costs associated with the processing of applications and the issuance of placards or stickers.
The Massachusetts Turnpike Authority shall make available to all holders of placards Fast Lane toll transponders and shall waive the initial application fee associated with the acquisition of the transponder. A city or town may, by by-law or ordinance, grant municipal parking at a reduced rate or without charge to holders of the energy independence placard or sticker.

SECTION 16. Section 7A of said chapter 90, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:-

The emissions and maintenance inspection programs provided for in this section shall not apply to a qualified hybrid or alternative fuel vehicle or clean alternative fuel if the vehicle obtains a rating from the United States Environmental Protection Agency of at least 50 miles per gallon during city fuel economy tests unless remote sensing devices indicate the hybrid or alternative fuel vehicle may not meet current emissions standards. The commissioner shall promulgate such regulations as may be required to implement this exemption.

SECTION 17. Section 142M of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Commissioner" the following definition:-

"Clean alternative fuel vehicle" shall mean natural gas, hydrogen or electricity when used as a motor vehicle fuel or propane when used as a motor vehicle fuel if such a vehicle meets the federal fleet emissions standards under the federal Clean Air Act or any emissions standards adopted by the commissioner of environmental protection as part of the commonwealth's implementation plan under the Clean Air Act.

SECTION 18.  Section 221 of Chapter 112 of the General Laws is hereby amended by inserting after the words “and any other residential housing components” in the definition of “Home Inspection” the following new text:-

            “, as well as home energy score.”

SECTION 19.  Chapter 143 of the Massachusetts General Laws is hereby amended in section 94, clause h, by inserting after the word “ninety-six;” the following new text:

“and including the energy conservation code,”

SECTION 20: Chapter 143, of the Massachusetts General Laws is hereby amended by adding in section 94, after clause (l), the following new clause:-

(m) To adopt, at least once every three (3) years, the latest edition of the model energy conservation code, the International Energy Conservation Code (IECC),  published by the International Code Council.  No amendments to the Massachusetts energy conservation code shall be adopted that increase energy consumption in buildings.

SECTION 21. (a) There shall be established at the University of Massachusetts, the Commonwealth Alternative Fuels Institute, for the purpose of researching and developing hybrid and alternative fuel vehicles and alternative fuels and any related technology and components involved in the production, conversion, operation and maintenance of hybrid and alternative fuel vehicles and hybrids.
(b) The Institute shall have among its primary goals the development and commercialization of the vehicles, fuels, equipment and technology for the purposes of deriving environmental benefits, reducing dependence on conventional fossil fuels and facilitating economic growth.
(c) The Institute shall be governed by policies and operating procedures developed and maintained by the president of the university and its board of trustees, together with the governing bodies of each subdivision of the university assigned to engage in the operations of the Institute.
(d) Subject to appropriation, the Institute shall engage in projects as determined to be feasible by its advisory board, and may issue requests for proposals and enter into cooperative research agreements in carrying out this act.
(e) There shall be an advisory board of the Institute, comprised of: the president of the University of Massachusetts or his designee, who shall also serve as the chairperson; the secretary of environmental affairs or his designee; the secretary of economic affairs or his designee; the secretary of transportation or his designee; the general manager of the Massachusetts Bay Transportation Authority or his designee; a representative of the regional transit authorities; 3 members to be appointed by the governor, 1 of whom shall represent the business community, 1 of whom shall have expertise in environmental issues and 1 of whom shall represent consumers; 2 members appointed by the president of the university, each having expertise in relevant science and technology; 1 member of the senate and 1 member of the house of representatives. Each appointed member shall serve for a term of 3 years, and shall be eligible to be appointed for consecutive terms.
(f) The Institute shall undertake a comprehensive industry needs assessment, in consultation with the advisory board, of businesses engaged in the research, development or production of alternative fuel vehicles and hybrids, alternative fuels and related components and technologies. The assessment, which shall be completed not later than 6 months after the effective date of this act, shall include, but not be limited to the following:
(1) the identities of industry participants and a characterization of their business activities involving hybrid and alternative fuel vehicles and related technologies and components;
(2) current or projected impediments to the growth and development of industry participants;
(3) feasible means by which state government, including the commonwealth's institutions of higher education, may assist industry participants;
(4) potential collaborative efforts between the commonwealth and industry participants, including industry-sponsored research and development and the securing of public and private research funds;
(5) potential sources and uses of federal government funding for research and development including, but not limited to, funding opportunities contained in any federal renewable or alternative energy legislation.

SECTION 22. The Massachusetts Turnpike Authority shall develop a plan, in consultation with the executive office of transportation, for the availability of alternative fuel at each fueling facility or service terminal on the Massachusetts Turnpike. The plan shall provide for availability not later than January 1, 2012. Should the authority determine that facilitating the availability is not feasible, it shall report the findings, together with the reasons therefor, to the house and senate committees on ways and means and the joint committee on transportation not later than January 31, 2006.

SECTION 23. (a) The commissioner of energy resources, in consultation with the secretary of administration and finance, the secretary of transportation, the general manager of the Massachusetts Bay Transportation Authority, a representative of the regional transit authorities, the secretary of economic affairs, the secretary of environmental affairs, and the operation services division, shall develop a statewide master plan for the advancement of hybrid and alternative fuel vehicles and related technology.
(b) The plan shall encompass a 10-year period beginning in 2007, and shall be divisible in increments of not less than 5 years. The plan shall take into account the geographic diversity of the commonwealth, its present and projected demographics, present and projected transportation needs and infrastructure, and current, emerging and foreseeable alternative fuel and vehicle technologies.
(c) The plan may establish goals for areas such as the purchase and use of hybrid and alternative fuel vehicles and hybrids by the commonwealth, its political subdivisions, private commercial fleets and citizens, the development of fueling facilities, and technologies, and the production, import action or distribution of alternative fuels.
(d) In addition, the plan shall identify strategies and corresponding methods of achieving its identified goals together with necessary administration and legislative actions. The plan shall be reported to the clerks of the senate and house of representatives not later than 18 months following the effective date of this act.

SECTION 24. The secretary of administration and finance through the division of operational services, in consultation with the commissioner of energy resources, shall enter into contracts and agreements with the manufacturers or providers of hybrid or alternative fuel vehicles as may be necessary for the purchase or lease of the vehicles, or aftermarket conversion equipment or technologies in order to comply with this act.

SECTION 25. The commissioner of energy resources shall annually develop a directory of alternative fuel vehicles, equipment and services available for purchase by public entities.
The directory shall include vehicles available for heavy, medium and light duty usage, as well as the spectrum of alternative fuels available, as defined in section 3 of chapter 25A of the General Laws, and the appropriate applications, estimated costs, and positive and negative aspects of each vehicle and fuel. To the extent possible, the directory shall contain photographs of the available vehicles.
The directory shall be produced and promulgated in a manner reasonably devised to assist in promoting awareness and the utilization of alternative fuel vehicles by the commonwealth and its political subdivisions and shall be made available to municipalities and agencies of the commonwealth to assist in the identification and acquisition of hybrid and alternative fuel vehicles. The catalog shall be made available to nongovernment entities but the commissioner may impose a reasonable fee consistent with the cost of reproducing the catalog.

SECTION 26. The secretary of economic affairs, in consultation with the executive office of transportation and the division of energy resources, shall evaluate the feasibility and desirability of any methods which could be utilized by the commonwealth in order to provide incentive for or incubate the production of alternative fuel vehicles and equipment within its borders. The evaluation shall include, but not be limited to, the potential economic benefits of the production, including job growth, and the potential environmental benefits associated with the production and increased distribution of alternative fuel vehicles and equipment in the commonwealth.
The secretary shall report the findings of the evaluation, and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, to the clerks of the senate and house of representatives not later than 1 year after the effective date of this act.

SECTION 27. Not later than December 31 of each year, the Massachusetts Bay Transportation Authority shall file with the clerks of the senate and house of representatives and the joint committee on economic development and emerging technologies a report indicating its utilization of hybrid and alternative fuel vehicles and related technologies. The report shall include, but not be limited to, the increased costs or savings, if any, associated with the use of the vehicles, the amount of fuel used and conserved by the use of the vehicles, the emissions rates for the vehicles and other vehicles in the fleet and the positive and negative factors, if any, associated with their use.
The report shall identify any impediments to the use of the vehicles and technologies and shall include any legislative recommendations to address those impediments.

SECTION 28. The operational services division, in consultation with the executive office of transportation, the secretary of administration and finance, the division of energy resources, the Massachusetts Bay Transportation Authority and regional transit authorities, shall study the feasibility of developing and implementing a system to facilitate the mass purchase of alternative fuel vehicles by the commonwealth and its political subdivisions. The study shall include, but not be limited to, the potential cost savings to be derived from the system, the cost of its administration, appropriate purchasers to participate in the system and the probability of its utilization by those purchasers.
The operational services division shall report the findings of the study, and its recommendations if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives not later then 1 year after the effective date of this act.

SECTION 29. There shall be a special commission to report on the expanded use of biodiesel fuel in the commonwealth. The commission shall consist of 1 member to be appointed by the department of environmental protection; 1 member to be appointed by the department of telecommunications and energy; 1 member to be appointed by the division of energy resources; 2 members to be appointed by the senate president; 1 member to be appointed by the senate minority leader; 2 members to be appointed by the speaker of the house of representatives; 1 member to be appointed by the minority leader of the house of representatives; and members to be appointed by the governor to provide appropriate consumer, environmental, and industry representation. The commission shall submit a report and recommendations to the secretary of environmental affairs; office of commonwealth development; the joint committee on telecommunications, utilities, and energy; the joint committee on environment, natural resources and agriculture; the joint committee on state administration and regulatory oversight; and the house and senate clerks by June 30, 2006. The commission shall conduct a study of the current impediments in state and federal law and regulation to the certification, licensure and availability for sale in the commonwealth of highly efficient diesel passenger vehicles under the California LEV II standards and potential methods to address such impediments. It shall also examine barriers and opportunities for widespread use of biodiesel and low-sulfur biodiesel fuels for motor vehicles, heating, and other appropriate uses in the commonwealth. From this study the commission shall submit a plan for the expanded use of biodiesel and low-sulfur biodiesel fuels in the commonwealth and proposals for new regulations and laws to expand the use of biodiesel where feasible and appropriate.

SECTION 30. Hybrid and alternative fuel vehicles which display a special identifying placard issued under section 12 may travel in high occupancy vehicle or HOV lanes. This section shall expire 3 years following the effective date of this act.

SECTION 31. Section 11 shall be in effect for taxable years 2006 to 2010, inclusive.

SECTION 32. Section 13 shall be in effect for taxable years 2005 to 2015, inclusive.

SECTION 33. Section 14 shall be in effect for taxable years 2005 to 2010, inclusive.