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2 | 2 | | HOUSE DOCKET, NO. 3637 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3572 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michael J. Soter |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to the sale of zero-emission vehicles. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Soter8th Worcester1/17/2025Donald R. Berthiaume, Jr.5th Worcester2/4/2025Joseph D. McKenna18th Worcester2/6/2025Steven George Xiarhos5th Barnstable3/10/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 3637 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3572 |
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18 | 18 | | By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 3572) of |
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19 | 19 | | Michael J. Soter and others relative to the sale of zero-emission vehicles. Telecommunications, |
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20 | 20 | | Utilities and Energy. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to the sale of zero-emission vehicles. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Subsection (a) of section 142K of chapter 111 of the General Laws, as |
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30 | 30 | | 2appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the |
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31 | 31 | | 3following:- |
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32 | 32 | | 4 Notwithstanding any general or special law, rule, or regulation to the contrary, beginning |
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33 | 33 | | 5January 1, 2025, the department annually shall review and analyze each manufacturer’s |
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34 | 34 | | 6compliance with 310 CMR 7.40, titled Advanced Clean Cars II Rule, promulgated effective on |
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35 | 35 | | 7December 30, 2022, which shall include, but not be limited to, the total number of vehicles each |
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36 | 36 | | 8manufacturer sells and delivers to its franchisee dealers for retail sale in the commonwealth as |
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37 | 37 | | 9well as a breakdown of the mix of zero emission vehicles and internal combustion engine |
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38 | 38 | | 10vehicles compared with vehicle inventory composition and totals over the previous five years. |
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39 | 39 | | 11After such annual review, the department may postpone, for any model year, implementation of |
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40 | 40 | | 12the zero emission vehicle requirements that manufacturers must produce and deliver for sale to 2 of 4 |
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41 | 41 | | 13its franchisee dealers in the commonwealth at the level of required percentages as established in |
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42 | 42 | | 14Title 13 of the California Code of Regulations at section 1962.2 and calculated pursuant to said |
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43 | 43 | | 15section 1962.2(g)(8) and as promulgated by the commonwealth at said 310 CMR 7.40, if the |
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44 | 44 | | 16department determines that the number of zero emission vehicles sold and delivered to |
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45 | 45 | | 17franchised dealers by all such manufacturers, whose market share together in the aggregate |
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46 | 46 | | 18comprise at least seventy percent of all vehicles sold in the commonwealth as of December 31, |
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47 | 47 | | 192024, fails to achieve, as an individual manufacturer, the required annual goal as set forth in said |
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48 | 48 | | 20regulations; provided, however, that the department, in any year, may postpone adopting the zero |
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49 | 49 | | 21emission vehicle percentage requirements for one model year or more if the department, in |
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50 | 50 | | 22consultation with the department of transportation, determines that the number of publicly |
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51 | 51 | | 23available charging stations for zero emission vehicles does not exist in sufficient numbers across |
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52 | 52 | | 24the commonwealth to meet the charging needs of all zero emission vehicles that are required to |
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53 | 53 | | 25be sold and delivered to dealers at the percentage requirements as set forth annually in said 13 |
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54 | 54 | | 26CCR 1962.2 and said 310 CMR 7.40. For the purposes of this paragraph, the term "zero emission |
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55 | 55 | | 27vehicle" shall mean a vehicle that produces zero exhaust emissions of any criteria pollutant (or |
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56 | 56 | | 28precursor pollutant) or greenhouse gas under any possible operational modes or conditions. |
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57 | 57 | | 29 SECTION 2. If the department of environmental protection delays, at any time for any |
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58 | 58 | | 30length of time, implementation of the annual zero emission vehicle sales requirements pursuant |
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59 | 59 | | 31to subsection (a) of section 142K of chapter 111 of the General Laws, Sections 46 and 96 of |
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60 | 60 | | 32chapter 179 of the Acts of 2022 are hereby repealed. |
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61 | 61 | | 33 SECTION 3. Section 9A of chapter 7 of the General Laws, as appearing in the 2022 |
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62 | 62 | | 34Official Edition, is hereby amended by inserting the following 3 paragraphs: 3 of 4 |
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63 | 63 | | 35 Beginning in July 1, 2025, all Commonwealth purchases or leases for new medium- and |
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64 | 64 | | 36heavy-duty trucks shall be for models that are zero emissions vehicles. Further, the |
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65 | 65 | | 37Commonwealth shall ensure that its fleet of medium- and heavy-duty, whether owned or leased, |
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66 | 66 | | 38is comprised of zero emission vehicles by June 30, 2035. Zero emission vehicle shall mean a |
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67 | 67 | | 39battery electric medium- or heavy-duty truck. |
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68 | 68 | | 40 In the event that there are no battery electric medium- and heavy-duty trucks that meet |
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69 | 69 | | 41the Commonwealth’s needs or cannot be supported by the Commonwealth’s existing charging |
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70 | 70 | | 42infrastructure for medium- and heavy-duty trucks, the secretary shall be permitted to purchase |
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71 | 71 | | 43any other medium- or heavy-duty truck that is not a battery electric vehicle. |
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72 | 72 | | 44 The secretary shall submit to the clerks of the senate and house of representatives and the |
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73 | 73 | | 45chairs of the joint committee on transportation a statement annually, not later than July 1, |
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74 | 74 | | 46detailing the progress made in meeting the requirements of this section. The report shall include: |
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75 | 75 | | 47(i) a complete listing of medium- and heavy-duty trucks leased, owned or assigned to each |
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76 | 76 | | 48agency; and (ii) a description of each medium- and heavy-duty truck, including the year, make |
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77 | 77 | | 49and model, whether the truck is powered by an internal combustion engine, a mild hybrid engine, |
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78 | 78 | | 50a plug-in hybrid motor, a fully battery electric motor, a hydrogen fuel cell electric motor, a |
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79 | 79 | | 51compressed liquefied natural gas engine, a propane engine or other means of propulsion. If a |
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80 | 80 | | 52zero emission medium- or heavy-duty truck is not purchased or leased, the secretary shall |
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81 | 81 | | 53provide, in each instance, a specific explanation as to why a zero emission vehicle could not have |
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82 | 82 | | 54sufficiently fulfilled the intended functions. |
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83 | 83 | | 55 SECTION 4. Section 142K of chapter 111 of the General Laws, as appearing in the 2022 |
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84 | 84 | | 56Official Edition, is hereby amended by inserting the following at the end thereof:- 4 of 4 |
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85 | 85 | | 57 Notwithstanding any general or special law to the contrary, the Department of |
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86 | 86 | | 58Environmental Protection shall not implement or enforce the Advanced Clean Trucks and |
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87 | 87 | | 59Heavy-Duty Omnibus regulations, as modified to apply to Massachusetts, earlier than July 1, |
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88 | 88 | | 602029. As used in this section, "Advanced Clean Trucks regulation” means the portion of the |
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89 | 89 | | 61California Low Emission Vehicle program that was adopted by the California Air Resources |
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90 | 90 | | 62Board, and which would require manufacturers of medium-duty and heavy-duty motor vehicles |
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91 | 91 | | 63to sell an increasing percentage of zero-emissions vehicles, including the provisions codified in |
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92 | 92 | | 64sections 1905, 1963, and sections 1963.1 through 1963.5 of Title 13 of the California Code of |
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93 | 93 | | 65Regulations. “Heavy Duty Omnibus regulation” means the portion of the California Low |
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94 | 94 | | 66Emission Vehicle program that was adopted by the California Air Resources Board regulation in |
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95 | 95 | | 67title 13, California Code of Regulations sections 2139.5, and 2169.1 through 2169.8 and any |
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96 | 96 | | 68other related amendments relative to the emissions standards for nitrogen oxide for medium-duty |
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97 | 97 | | 69and heavy-duty motor vehicles. |
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98 | 98 | | 70 SECTION 5. This act shall take effect upon passage. |
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