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You are here: Home / Legislative & Economic News / DEP Delays Electric Vehicle Sales Requirements For Two Years

DEP Delays Electric Vehicle Sales Requirements For Two Years

May 29, 2025 by State House News Service

Critics: Enforcement of rule would have forced artificial manipulation of vehicle inventory

MAY 23, 2025…..The Healey administration said Friday it will not enforce minimum electric vehicle sales requirements for model years 2026 and 2027, administratively taking a step that lawmakers have repeated sought to force legislatively.

Under the Advanced Clean Cars II regulation that Massachusetts adopted following California’s lead in 2023, vehicle manufacturers are supposed to produce and make available for sale a gradually-increasing percentage of zero-emission vehicles starting at 35% in model year 2026, rising to 43% in model year 2027 and eventually hitting 100% in model year 2035 and beyond.

The Department of Environmental Protection said Friday that it “will exercise enforcement discretion” for model years 2026 and 2027 and declared that “manufacturers shall not withhold internal combustion vehicles from car and truck dealerships seeking those vehicles.” MassDEP has similarly deferred enforcement of related minimum electric truck sales requirements.

“EVs should be the most affordable and clean option for cars,” Gov. Maura Healey said. “We’re giving carmakers more runway to invest in their manufacturing and supply chains, which will help ensure customers have additional affordable electric vehicles options at dealerships in the future. Massachusetts will continue to invest in charging infrastructure to support the widespread adoption of electric vehicles.”

Delaying implementation of the ACC II regulations has been a topic of amendments filed to the spending bills that have been moving between the House and Senate recently. This week, Millbury Sen. Michael Moore withdrew his budget amendment to delay implementation for two years but highlighted what he said would be devastating economic consequences of keeping the rules in place when both demand for electric vehicles and charging infrastructure lag previous expectations.

“By enforcing this rule, manufacturers will have to artificially manipulate vehicle inventory to force more zero-emission vehicles into the state while reducing the number of gas-powered vehicles available,” Moore said. “Looking at last year, 280,000 new vehicles were sold in Massachusetts. To artificially meet the 35% threshold, there would have to be a reduction of 198,000 gas-powered vehicles, representing a $9 billion reduction in economic activity in Massachusetts.”

Senate Minority Leader Bruce Tarr called for a two-year delay to the ACC II regulation Thursday afternoon in a speech on a Senate budget amendment that was ultimately sunk.

“Number one, the electric grid is not ready to handle it. And number two, the demand for these vehicles has not proven to be as robust as we had hoped, and consumer uptake is not nearly where it would need to be to comply with those regulations,” he said.

Environmental advocates slammed the MassDEP decision Friday. Environmental League of Massachusetts Legislative Director David Melly said the organization is “disappointed to see Massachusetts walk back its commitment to Advanced Clean Cars II, causing delays that will harm our communities and the environment.”

“We know that timely progress on electrification of vehicles reduces both transportation emissions and healthcare costs. Our state leaders must step up to fill the gap this policy leaves behind, including firm commitments to expanding charging infrastructure statewide and addressing vehicle pollution in overburdened areas,” he said.

Healey’s office said it will “soon announce dedicated additional grant funding for the purchase or lease of electric vehicles for publicly owned fleets, electric school buses, waste collection vehicles, and other vocational vehicles.” It also previewed an announcement related to “enhanced future grant funding opportunities for existing programs that support medium- and heavy-duty vehicle charging, charging at multi-unit dwellings and educational campuses, charging at workplaces and for commercial fleets, and publicly accessible charging stations through the MassEVIP program.”

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