Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3535 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3944 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3535
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David K. Muradian, Jr. and Bradley H. Jones, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the sale of zero-emission vehicles.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David K. Muradian, Jr.9th Worcester1/17/2025Bradley H. Jones, Jr.20th Middlesex1/21/2025Joseph D. McKenna18th Worcester2/11/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3944 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3535
18	18	By Representatives Muradian of Grafton and Jones of North Reading, a petition (accompanied
19	19	by bill, House, No. 3535) of David K. Muradian, Jr., Bradley H. Jones, Jr. and Joseph D.
20	20	McKenna relative to the sale of zero-emission vehicles. Telecommunications, Utilities and
21	21	Energy.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the sale of zero-emission vehicles.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Subsection (a) of section 142K of chapter 111 of the General Laws, as
31	31	2appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the
32	32	3following:-
33	33	4 Notwithstanding any general or special law, rule, or regulation to the contrary, beginning
34	34	5January 1, 2025, the department annually shall review and analyze each manufacturer’s
35	35	6compliance with 310 CMR 7.40, titled Advanced Clean Cars II Rule, promulgated effective on
36	36	7December 30, 2022, which shall include, but not be limited to, the total number of vehicles each
37	37	8manufacturer sells and delivers to its franchisee dealers for retail sale in the commonwealth as
38	38	9well as a breakdown of the mix of zero emission vehicles and internal combustion engine
39	39	10vehicles compared with vehicle inventory composition and totals over the previous five years.
40	40	11After such annual review, the department may postpone, for any model year, implementation of
41	41	12the zero emission vehicle requirements that manufacturers must produce and deliver for sale to 2 of 4
42	42	13its franchisee dealers in the commonwealth at the level of required percentages as established in
43	43	14Title 13 of the California Code of Regulations at section 1962.2 and calculated pursuant to said
44	44	15section 1962.2(g)(8) and as promulgated by the commonwealth at said 310 CMR 7.40, if the
45	45	16department determines that the number of zero emission vehicles sold and delivered to
46	46	17franchised dealers by all such manufacturers, whose market share together in the aggregate
47	47	18comprise at least seventy percent of all vehicles sold in the commonwealth as of December 31,
48	48	192024, fails to achieve, as an individual manufacturer, the required annual goal as set forth in said
49	49	20regulations; provided, however, that the department, in any year, may postpone adopting the zero
50	50	21emission vehicle percentage requirements for one model year or more if the department, in
51	51	22consultation with the department of transportation, determines that the number of publicly
52	52	23available charging stations for zero emission vehicles does not exist in sufficient numbers across
53	53	24the commonwealth to meet the charging needs of all zero emission vehicles that are required to
54	54	25be sold and delivered to dealers at the percentage requirements as set forth annually in said 13
55	55	26CCR 1962.2 and said 310 CMR 7.40. For the purposes of this paragraph, the term "zero emission
56	56	27vehicle" shall mean a vehicle that produces zero exhaust emissions of any criteria pollutant (or
57	57	28precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
58	58	29 SECTION 2. If the department of environmental protection delays, at any time for any
59	59	30length of time, implementation of the annual zero emission vehicle sales requirements pursuant
60	60	31to subsection (a) of section 142K of chapter 111 of the General Laws, Sections 46 and 96 of
61	61	32chapter 179 of the Acts of 2022 are hereby repealed.
62	62	33 SECTION 3. Section 9A of chapter 7 of the General Laws, as appearing in the 2022
63	63	34Official Edition, is hereby amended by inserting the following 3 paragraphs: 3 of 4
64	64	35 Beginning in July 1, 2025, all Commonwealth purchases or leases for new medium- and
65	65	36heavy-duty trucks shall be for models that are zero emissions vehicles. Further, the
66	66	37Commonwealth shall ensure that its fleet of medium- and heavy-duty, whether owned or leased,
67	67	38is comprised of zero emission vehicles by June 30, 2035. Zero emission vehicle shall mean a
68	68	39battery electric medium- or heavy-duty truck.
69	69	40 In the event that there are no battery electric medium- and heavy-duty trucks that meet
70	70	41the Commonwealth’s needs or cannot be supported by the Commonwealth’s existing charging
71	71	42infrastructure for medium- and heavy-duty trucks, the secretary shall be permitted to purchase
72	72	43any other medium- or heavy-duty truck that is not a battery electric vehicle.
73	73	44 The secretary shall submit to the clerks of the senate and house of representatives and the
74	74	45chairs of the joint committee on transportation a statement annually, not later than July 1,
75	75	46detailing the progress made in meeting the requirements of this section. The report shall include:
76	76	47(i) a complete listing of medium- and heavy-duty trucks leased, owned or assigned to each
77	77	48agency; and (ii) a description of each medium- and heavy-duty truck, including the year, make
78	78	49and model, whether the truck is powered by an internal combustion engine, a mild hybrid engine,
79	79	50a plug-in hybrid motor, a fully battery electric motor, a hydrogen fuel cell electric motor, a
80	80	51compressed liquefied natural gas engine, a propane engine or other means of propulsion. If a
81	81	52zero emission medium- or heavy-duty truck is not purchased or leased, the secretary shall
82	82	53provide, in each instance, a specific explanation as to why a zero emission vehicle could not have
83	83	54sufficiently fulfilled the intended functions.
84	84	55 SECTION 4. Section 142K of chapter 111 of the General Laws, as appearing in the 2022
85	85	56Official Edition, is hereby amended by inserting the following at the end thereof:- 4 of 4
86	86	57 Notwithstanding any general or special law to the contrary, the Department of
87	87	58Environmental Protection shall not implement or enforce the Advanced Clean Trucks and
88	88	59Heavy-Duty Omnibus regulations, as modified to apply to Massachusetts, earlier than July 1,
89	89	602027. As used in this section, "Advanced Clean Trucks regulation” means the portion of the
90	90	61California Low Emission Vehicle program that was adopted by the California Air Resources
91	91	62Board, and which would require manufacturers of medium-duty and heavy-duty motor vehicles
92	92	63to sell an increasing percentage of zero-emissions vehicles, including the provisions codified in
93	93	64sections 1905, 1963, and sections 1963.1 through 1963.5 of Title 13 of the California Code of
94	94	65Regulations. “Heavy Duty Omnibus regulation” means the portion of the California Low
95	95	66Emission Vehicle program that was adopted by the California Air Resources Board regulation in
96	96	67title 13, California Code of Regulations sections 2139.5, and 2169.1 through 2169.8 and any
97	97	68other related amendments relative to the emissions standards for nitrogen oxide for medium-duty
98	98	69and heavy-duty motor vehicles.
99	99	70 SECTION 5. This act shall take effect upon passage.