HB 2310 — Reducing emissions from vehicles associated with on-demand transportation services.

H-4272.3SUBSTITUTEH-3552.5HOUSE HOUSE BILL 2310State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Environment & Energy (originally sponsored by Representatives Fitzgibbon, Ramel, Macri, Doglio, Cody, Hudgins, and Pollet)READPolletPrefiled FIRST01/08/20.Read TIMEfirst 01/30/20.ANtime 01/13/20.Referred to Committee on Environment & Energy.AN ACT Relating to reducing emissions from vehicles associated with on-demand transportation services;

and(b) Is not operating as a taxicab regulated under chapter 81.72 RCW or as a limousine regulated under chapter 46.72A RCW.(11) "Greenhouse gas" has the same meaning as defined in RCW 70.235.010.(12) "Zero emission vehicle" means a vehicle that emits no exhaust gas from the onboard source of power, other than water vapor.(13) "Transportation application service provider" means a commercial transportation services provider or a food delivery provider.(14) "Food delivery provider" includes a corporation, partnership, sole proprietorship, or other entity operating in Washington that uses a customer-facing digital network or software application to prearrange for the delivery of prepared meals, groceries, or other food to a customer, other than food prepared or sold anddirectly transportedby the entity.(15) "Goods delivery provider" includes a corporation, partnership, sole proprietorship, or other entity operating in Washington that uses a customer-facing digital network or software application to prearrange for the delivery of nonfood consumer goods to a customer, other than goods produced or sold directly by the entity.NEW SECTION.  Sec.

A new section is added to chapter 70.120 RCW to read as follows:(1) The provisions of this section apply to transportation application service providers and goods delivery providers.(2) By July 1, 2021, the department shall establish a baseline for emissions of greenhouse gases for vehicles used on online-enabledonline-enable applications or platforms of transportation application service providers and goods delivery providers on a per-delivery-mile traveled basis.

The baseline calculation must use data from calendar year 2018 and include:(a) Miles driven with no passengerpassenger, or customer food delivery, or consumer goods delivery in the vehicle when the operator of the vehicle is logged in to a provider's digital platform or software application;

and(b) Miles driven with one or more passengerspassengers, or customer food deliveriesdelivery, or consumer goods delivery in the vehicle as a prearranged ride or delivery.(2)delivery.(3) Transportation application service providers and goods delivery providers must provide information to the department covering individual calendar years, consistent with a reporting schedule and criteria to be adopted by rule by the department.

The department maymust requireuse transportationthe applicationprovided serviceinformation providersto determine average emissions of greenhouse gases per passenger-mile and per customer delivery-mile including, but not limited to:(a) The total miles driven by vehicles operated to provide datatransportation regardingapplication theservices numberor ofgoods vehiclesdelivery operatingservices in Washington bystate;(b) cityThe andpercent share of miles traveled by county.zero emission vehicles;(c) The miles-weighted average network-wide grams of carbon dioxide equivalent per mile, for purposes of producing an estimate of greenhouse gas emissions;

Theand(d) departmentFor mustcommercial usetransportation theservices providedproviders informationonly, tototal determinepassenger-miles traveled using an average emissionspassengers-per-trip ofestimate greenhouseto gasesaccount perfor passenger-miletrips andwhere perexact customerpassenger delivery-milehead including,count butdata was not limitedcaptured.(4) to:(a) The totaldepartment milesmay drivenuse byreasonable vehiclesmethods operated to provideadjust transportationand applicationcorrect servicesdata inand Washingtonemission state;(b)estimates Theincluding, percentbut sharenot oflimited milesto, traveledmethods byto zeroapportion emissionemissions vehicles;(c)between Thetransportation miles-weightedapplication averageservice network-wideproviders gramsor ofgoods carbondelivery dioxideproviders equivalentto peraccount mile, for purposescircumstances ofin producingwhich anmultiple estimateapplications ofor greenhouseplatforms gasare emissions;simultaneously used by a vehicle provider.NEW SECTION.  Sec.

and(d) For commercial transportation services providers only, total passenger-miles traveled using an average passengers-per-trip estimate to account for trips where exact passenger head count data was not captured.(3) The department may use reasonable methods to adjust and correct data and emission estimates including, but not limited to:(a) Methods to apportion emissions between transportation application service providers to account for:

(i) Circumstances in which multiple applications or platforms are simultaneously used by a vehicle provider;

or (ii) periods when vehicle providers are driving primarily for purposes other than engaging with services provided by the transportation application service provider, even though the latter party may be recording data on the vehicle provider's movement;

and(b) Methods to account for passenger-miles provided via zero-emissions transportation or public transit, other than a motor vehicle, offered in connection with a transportation application service provider's digital network.(4) The department may establish a baseline for a transportation application service provider that begins operating in Washington after calendar year 2018 with consideration of the baselines established under subsection (1) of this section and the information received by the department under subsection (2) of this section.NEW SECTION.  Sec.

A new section is added to chapter 70.120 RCW to read as follows:(1) The provisions of this section apply to transportation application service providers.(2) By July 1, 2022, the department shall adopt by rule and implement mandatory annual goals and targets that begin in 2024 for each transportation application service providerproviders that begin in 2023 for the reduction under the baseline established under section 22(2) of this act for emissions of greenhouse gases per passenger-mile and food delivery-mile driven.

The department may establish alternate timelines for the goals and targets for a commercial transportation services provider that begins covered operations in Washington after calendar year 2018.

and(d) Be designed with consideration of the state greenhouse gas emission limits of RCW 70.235.020 and the state vehicle miles traveled goals of RCW 47.01.440.(2)47.01.440.(3) The department may delay implementation of the targets and goals adopted under this section if the department finds that unanticipated barriers exist to expanding the usage of zero emission vehicles by transportation application service providers.

No less frequently than every two years, the department must review available data related to barriers to usage of zero emission vehicles by transportation application service providers, including data related to current and future electric transportation adoption rates and charging infrastructure utilization rates.(3)(a)rates.(4)(a) Beginning January 1, 2023, each transportation application service provider must develop and submit to the department a greenhouse gas emission reduction plan.

The department mayshall establishreview alternate deadlines for the submission of a plan bywithin aone commercialhundred transportationtwenty servicesdays providerof thatreceipt beginsof operatingthe inplan Washingtonand asdecide awhether coveredto entityapprove afterthe calendarplan. year 2018.

The department shall review the plan within one hundred eighty days of receipt of the plan, including a review of the plan for compliance with subsections (4) and (5) of this section, and decide whether to approve the plan.

Each transportation application service provider must implement a greenhouse gas emission reduction plan by JanuaryJuly 1, 2024.(b)2023.(b) A transportation application service provider must submit a plan amendment to the department no less than forty-five days before the transportation application service provider plans to begin implementing a substantial change to the transportation application service provider's plan.

Within forty-five days of receipt of a plan amendment, the department must decide whether to approve the plan amendment and must provide the reasons for rejecting the plan amendment.(4)amendment.(5) Greenhouse gas emission reduction plans must contain proposals for meeting the goals and targets established in subsection (1)(2) of this section through, at a minimum:(a) Increasing the proportion of vehicles used to complete trips that are zero emission vehicles;(b) Increasing the proportion of vehicle miles completed by zero emission vehicles relative to the proportion of overall vehicle miles;(c) Decreasing the average gram-per-mile greenhouse gas emission rates for vehicle miles traveled;

and(d) Increasing the proportion of passenger-miles traveled or customer food delivery-miles traveled relative to overall vehicle miles traveled.(5)traveled.(6) Plans developed under this section by each transportation application service provider must also:(a)also Considerconsider incentives to encourage increasing the share of:(i)of:(a) Total miles traveled by passengers whose walking, biking, or other active or zero emission modes of transportation are facilitated using vehicles on an online-enabled application or platform;

and(ii)and(b) Total miles traveled by food deliveries by walking, biking, or other active or zero emission modes of transportation;transportation.(7) Plans required under this section must be updated by July 1, 2025, and each July 1st of odd-numbered years thereafter.NEW SECTION.  Sec.

and(b) Outline actions that a transportation application service provider will take to ensure that the plan will not result in negative financial outcomes for drivers relative to existing operational conditions.(6) The department may allow plans to achieve credit towards the goals and targets established in subsection (1) of this section through the provision, funding, or other financial support of transportation electrification infrastructure by the transportation application service provider.(7) Plans required under this section must be updated and resubmitted to the department by January 1, 2025, and each January 1st of odd-numbered years thereafter, with implementation of resubmitted plans commencing January 1, 2026, and each January 1st of even-numbered years thereafter.NEW SECTION.  Sec.

A new section is added to chapter 70.120 RCW to read as follows:(1) The department may determine,adopt assess,rules and collect annual fees from each transportation application service provider sufficient to coverimplement, theadminister, direct and indirectenforce costs of administering and enforcing the provisions of this section and sections 2 and 3 of this act.(2)act. The annual fee assessed to each transportation application service provider must be calculated by dividing the department's administrative costs associated with transportation application service providers by the provider's proportional share of total number of miles of service provided by all transportation application service providers during the preceding calendar year.NEW SECTION.  Sec.

5.

A new section is added to chapter 70.120 RCW to read as follows:(1) The department may adopt rules to implement, administer, and enforce sections 2 through 4 of this act.

and(c) That the program supports a goal of providing clean mobility for low-income and moderate-income individuals.(2) ByA Septembertransportation 30,application 2026,service andprovider everyor twogoods yearsdelivery thereafter,provider that submits information or records to the department mustunder submitthis achapter briefmay reportrequest tothat the information or records be made available only for the confidential use of the department, the director, the appropriate committeesdivision of the legislaturedepartment, or other city, county, or state agencies under data-sharing agreements approved by the department that addresses:(a)provide Thethe greenhousesame gasprotections emissionas andwould vehiclebe milesafforded traveledto reductionsthe achievedinformation underor plansrecords implementedif consistentthe withinformation thisor chapter;records remained solely in the possession of the department.

and(b) The efficacydirector andshall sufficiencygive ofconsideration financialto incentivesthe createdrequest byand theif legislaturethis action is not detrimental to encouragethe public interest and facilitateis otherwise in accord with the replacementpolicies and purposes of high-utilizationchapter transportation43.21A applicationRCW, servicethe providerdirector vehiclesmust withgrant zerothe emissionrequest vehicles.(3)for Athe information to remain confidential as authorized in RCW 43.21A.160.(3) The department may determine, assess, and collect annual fees from each transportation application service provider thatand submitsgoods informationdelivery orprovider recordssufficient to cover the departmentdirect underand thisindirect chaptercosts mayof requestadministering thatand enforcing the informationprovisions orof recordsthis besection madeand availablesections only2 forand the3 confidentialof usethis ofact.(a) theThe department,annual fee assessed to each transportation application service provider must be calculated by dividing the director,department's administrative costs associated with transportation application service providers by the appropriateprovider's divisionproportional share of thetotal department,number orof othermiles city,of county,service orprovided stateby agenciesall undertransportation data-sharingapplication agreementsservice approvedproviders byduring the departmentpreceding thatcalendar provideyear.(b) theThe sameapplication protectionsfee asassessed wouldto each goods delivery provider must be affordedcalculated toby dividing the informationdepartment's oradministrative recordscosts ifassociated with goods delivery providers by the informationprovider's orproportional recordsshare remainedof solelytotal innumber theof possessionmiles of service provided by goods delivery providers during the department.preceding calendar year.Sec.

The5. director shall give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accord with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.(4) The department may not make public information that would constitute an invasion of privacy consistent with the standard established in RCW 42.56.050 including, at minimum, information that would allow identification of individuals receiving services from transportation application service providers.Sec.

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