1. (a) As used in this Section:

   "Zero-emission bus" means a bus that is:

   1. (1) designed to carry more than 10 passengers and is used to carry passengers for compensation.
   2. (2) a zero-emission vehicle; and

   3. (3) not a taxi.

      "Zero-emission vehicle" means a fuel cell or electric vehicle that:

   4. (1) is a motor vehicle;
   5. (2) is made by a commercial manufacturer;
   6. (3) is manufactured primarily for use on public streets, roads, and highways;
   7. (4) has a maximum speed capability of at least 55 miles per hour;
   8. (5) is powered entirely by electricity or powered by combining hydrogen and oxygen, which runs the motor;
   9. (6) has an operating range of at least 100 miles; and
   10. (7) produces only water vapor and heat as byproducts.
2. (b) On or after July 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet.

3. (c) For the purposes of determining compliance with this Section, a Service Board shall not be deemed to be in violation of this Section when failure to comply is due to:

   1. (1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses;
   2. (2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or
   3. (3) the inability of a third party to enter into a contractual or commercial relationship with a Service Board that is necessary to carry out the purposes of this Section.

(Source: P.A. 103-281, eff. 1-1-24.)