In this subtitle, the following terms have the meanings indicated, except as otherwise expressly provided. “Administrative fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of 8,600 pounds or less. “Subcontract” means any agreement between a vendor and another party for the performance of work under a vehicle procurement contract. “Vehicle” has the meaning stated in City Code <cite data-path="|31|§1-3|(q)">Article 31, § 1-3(q) {“Definitions — S to Z : . . . Vehicle”}</cite>. “Vehicle procurement contract” means an agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire a vehicle. “Vendor” means a person who enters into a vehicle procurement contract with the City Purchasing Agent or a City agency. “Vocational fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of more than 8,600 pounds. “Zero-emission vehicle” means a vehicle that meets the State’s zero-emission vehicle requirements, as described in <cite data-doc="Code of Maryland Regulations" data-path="26.11.34.09">COMAR 26.11.34.09</cite>. “Zero-emission vehicle equivalent” means a zero-emission vehicle that possesses the same capabilities as a traditional vehicle powered by an internal combustion engine. “Zero-emission vehicle infrastructure” means the structures, machinery, equipment, and utilities necessary to support the use and maintenance of a zero-emission vehicle.

City agencies must increase their procurement of zero-emission vehicles so that 100% of all vehicles purchased, leased, or rented for the administrative fleet will be zero-emission vehicles by January 1, 2030.

This subtitle only applies to vehicle procurement contracts or subcontracts worth $16,000.00 or more. The Department of General Services shall:determine if a zero-emission vehicle equivalent is available to satisfy each vehicle procurement contract and subcontract; and if the Department determines that a zero-emission vehicle equivalent is available, recommend at least 1 zero-emission vehicle equivalent to the City Purchasing Agent to satisfy the vehicle procurement contract or subcontract. The Department of General Services shall consider the following factors when determining if a zero-emission vehicle equivalent is available to satisfy a vehicle procurement contract or subcontract:operational and reliability specifications; cost; and market availability. In determining equivalency, analysis of the “cost” factor required by paragraph (2) shall include:the evaluation of the available zero-emission vehicle infrastructure and whether it is sufficient to support zero-emission vehicles to be procured under the subject vehicle procurement contract or subcontract; and what, if any, construction of new zero-emission vehicle infrastructure is required to support the procurement of zero-emission vehicles under the subject vehicle procurement contract or subcontract. If the Department of General Services determines that a zero-emission vehicle equivalent is unavailable to fulfill a single vehicle procurement contract or subcontract the Department shall deliver a certified determination by the Director or the Director’s designee to the City Purchasing Agent containing:an explanation of the determination; the Department’s analysis of the following factors:operational and reliability specifications; cost; and market availability; and supporting materials.

The City Purchasing Agent and all City agencies shall include, in all City bids and requests for bids for a vehicle procurement contract, a statement of the City’s policy on zero-emission vehicles.

The Department of General Services, with cooperation from all City agencies, shall submit an annual report to the Mayor and City Council that includes: the quantity and value of all vehicle procurement contracts and subcontracts both ongoing and new within the past year; an accounting of both the administrative fleet and the vocational fleet, including:the number of vehicles; the life cycle age of each vehicle; the planned replacement year for each vehicle; and a determination if there is currently a zero-emission vehicle equivalent available to replace the vehicle; a list of all vocational fleet vehicles replaced during the preceding year and an explanation why a zero-emission vehicle equivalent was not selected; an assessment of when it will be both operationally and fiscally appropriate to create fixed zero-emission vehicle equivalent replacement goals for the vocational fleet; and an assessment of zero-emission vehicle technology and analysis of how that technology will impact the City’s Sustainability and Environmental Management Plan, specifically the Plan’s measures for developing, implementing, and coordinating the City policies that make all City operations achieve net-zero emissions by January 1, 2045.

Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”}</cite> of the City General Provisions Article, the Director of Finance and the Director of the Department of General Services may adopt rules and regulations to carry out the provisions of this subtitle.