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PRINTER'S NO. 94
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 147
Session of
2025
INTRODUCED BY BROWN, PENNYCUICK, BOSCOLA, FONTANA, CULVER, KANE,
J. WARD, BAKER AND STEFANO, JANUARY 22, 2025
REFERRED TO TRANSPORTATION, JANUARY 22, 2025
AN ACT
Establishing the Near Zero Emission Truck Incentive Program and
the Near Zero Emission Truck Incentive Fund; and providing
for the powers and duties of the Department of
Transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Near Zero
Emission Truck Incentive Program Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) The purpose of this act is to reduce air pollution
from heavy-duty diesel trucks in this Commonwealth.
(2) Clean air is necessary for the health and well-being
of all Pennsylvanians, and the transportation sector is vital
for a functioning supply chain and growing economy.
(3) Incentivizing fleets to upgrade their equipment can
slash truck emissions in this Commonwealth. A truck sold in
2006 emits roughly 10 times the amount of NOx and particulate
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matter as a truck sold today.
(4) No single technology transfer can affect the
Commonwealth's air quality as much as replacing pre-2010
models. The year 2010 marked a major milestone in truck
engine technology with the standardization of selective
catalytic reduction and diesel particulate filters.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board of Vehicles Act." The act of December 22, 1983
(P.L.306, No.84), known as the Board of Vehicles Act.
"Department." The Department of Transportation of the
Commonwealth.
"Eligible applicant." The purchaser of a near zero emission
truck from a licensed dealer.
"Eligible costs." Costs related to offsetting the Federal
excise tax on the purchase of a new near zero emission truck in
this Commonwealth or an amount equal to the value of 6% of the
secondary sale price or $5,000, whichever is greater, on the
purchase of a used near zero emission truck in this
Commonwealth.
"Federal excise tax." The Federal excise tax imposed under
26 U.S.C. § 4051 (relating to imposition of tax on heavy trucks
and trailers sold at retail).
"Fund." The Near Zero Emission Truck Incentive Fund
established under section 5.
"Licensed dealer." A vehicle dealer licensed under the Board
of Vehicles Act.
"Near zero emission truck." A diesel truck manufactured in
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2010 or later which meets the emission standards under 40 CFR
86.007-11 (relating to emission standards and supplemental
requirements for 2007 and later model year diesel heavy-duty
engines and vehicles) on the effective date of this definition.
"Program." The Near Zero Emission Truck Incentive Program
established under section 4.
"Salvage vehicle." As defined in 75 Pa.C.S. § 102 (relating
to definitions).
"Truck." As defined in 75 Pa.C.S. § 102.
Section 4. Near Zero Emission Truck Incentive Program.
(a) Establishment.--The Near Zero Emission Truck Incentive
Program is established in the department to award grants to
eligible applicants on a first-come, first-served basis to the
extent that money is available for this purpose. The General
Assembly may appropriate additional money to the program for the
administrative costs to administer the program and to extend the
department's ability to provide grants for the purpose of
reducing emissions from diesel trucks in this Commonwealth.
(b) Use.--A grant awarded under this section shall be used
by the eligible applicant for eligible costs.
(c) Criteria and application.--An eligible applicant shall
submit an application on a form and in a manner as determined by
the department. The following apply:
(1) Proof that the near zero emission truck has been
registered for at least two years and titled and insured in
this Commonwealth must be included in the application.
(2) The vehicle identification number of a pre-2010
diesel truck traded-in for a new or used near zero emission
truck must be included in the application. The trade-in may
not be titled as a salvage vehicle.
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(d) Limits.--
(1) An eligible applicant may receive a grant equal to
the amount attributable to the Federal excise tax imposed on
the purchase of the newest model year available or the
immediate prior model year if there has not been a previous
owner.
(2) An eligible applicant may receive a grant equal to
the value of 6% of the secondary sale price or $5,000,
whichever is greater, on the purchase of a used near zero
emission truck.
(e) Awards.--
(1) The department shall award grants for applications
made by eligible applicants when sufficient money has been
appropriated to the fund.
(2) Eligible applicants may apply for a grant under this
act for the purchase of a near zero emission truck when the
department begins the application process and shall remain
eligible to apply for a grant award for a period of two years
following the purchase of a near zero emission truck or until
funding becomes available.
(3) The department shall only award grants for the
purchase of a new or used near zero emission truck if
accompanied by a trade-in of a pre-2010 diesel truck that is
titled, registered and insured in this Commonwealth.
(f) Prohibition.--A diesel truck traded in under the program
may not be titled or registered again in this Commonwealth
unless a waiver has been obtained from the department verifying
that an engine manufactured in 2010 or later has been installed.
Nothing in this act shall be construed to prevent a licensed
dealer from reselling a pre-2010 diesel truck out of State.
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(g) Audits.--The department may randomly audit and monitor
grant recipients to ensure the appropriate use of grant money
and compliance with the provisions of this act and the
department's guidelines and regulations.
(h) Administrative fee.--The department may use money from
the fund to pay for the direct costs associated with the
administration of the program.
Section 5. Near Zero Emission Truck Incentive Fund.
The Near Zero Emission Truck Incentive Fund is established as
a separate fund in the State Treasury. Money in the fund shall
be appropriated to the department on a continuing basis for the
purpose of awarding grants to eligible applicants under this
act. The following shall apply:
(1) The interest and income earned on the money in the
fund must, after deducting any applicable charges to
administer the program, be credited to the fund.
(2) Except as otherwise provided, money remaining in the
fund at the end of the fiscal year shall not revert to the
General Fund and the balance in the fund must be carried
forward to the next fiscal year.
(3) Money that is deposited or paid into the fund must
be used by the department to carry out the program.
Section 6. Duties.
The department and the Department of Environmental Protection
shall have the following powers and duties:
(1) The department, in consultation with the Department
of Environmental Protection, shall establish guidelines or
promulgate regulations necessary to implement this act,
including standards to prevent pre-2010 diesel trucks traded-
in under the program from being titled and registered again
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in this Commonwealth under section 4(e)(3).
(2) The department shall establish the process through
which eligible applicants may apply for grants.
(3) The department and the Department of Environmental
Protection shall apply for any Federal funding suitable for
the purpose of carrying out the program, which shall be
deposited into the fund. The department and the Department of
Environmental Protection shall request and obtain any waivers
from the Federal Highway Administration that are necessary to
comply with Federal law and any conditions for Federal money.
(4) The department and the Department of Environmental
Protection may enter into agreements with third-party
entities to carry out the provisions of this act, including,
but not limited to, reviewing applications and providing
technical assistance.
(5) The department shall establish a program web page on
its publicly accessible Internet website that includes
information such as a summary of available Federal funding
opportunities and the status of the progress of the
Commonwealth's funding applications.
(6) On or before December 31, 2026, and each December 31
thereafter:
(i) The department, in consultation with the
Department of Environmental Protection, shall submit to
the chairperson and minority chairperson of the
Transportation Committee of the Senate and the
chairperson and minority chairperson of the
Transportation Committee of the House of Representatives
a report summarizing the fiscal activity of the program
and the number of vehicles participating.
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(ii) The department shall submit to the chairperson
and minority chairperson of the Environmental Resources
and Energy Committee of the Senate and the chairperson
and minority chairperson of the Environmental Resources
and Energy Committee of the House of Representatives a
report summarizing the estimated avoided air pollution
captured as a result of the program.
Section 7. Effective date.
This act shall take effect immediately.
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