ARTICLE
27 December 2024

2024 Clean Energy Bill Promotes Electric Vehicle Deployment Across Massachusetts

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Foley Hoag LLP

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Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
On November 21, 2024, Massachusetts Governor Maura Healy signed into law a sweeping climate bill (St. 2024 c. 239, An Act Promoting a Clean Energy Grid...
United States Massachusetts Energy and Natural Resources

On November 21, 2024, Massachusetts Governor Maura Healy signed into law a sweeping climate bill ( St. 2024 c. 239An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers) packed with measures aimed at accelerating the clean energy transition (the “Clean Energy Bill”). Among these measures were several intended to facilitate the swift deployment of electric vehicles (EVs) and EV infrastructure across the Commonwealth. As part of our blog series covering the Clean Energy Bill's many parts, this post gives an overview of the bill's main EV-related provisions. Deeper dives into key provisions will follow.

  1. Electric Vehicle Infrastructure Coordinating Council: Expanded Role and EV Charging Infrastructure Assessments. The Clean Energy Bill provides new responsibilities for the  Electric Vehicle Infrastructure Coordinating Council (EVICC). Under the Clean Energy Bill, the EVICC will now serve an intergovernmental leadership and coordination role in deploying EV charging infrastructure across the Commonwealth in a convenient, affordable, reliable, and equitable manner. The Clean Energy Bill also directs the EVICC to issue an assessment of EV charging demand and grid impacts within 12 months of the bill's effective date (i.e., by February 19, 2026), and every 2 years thereafter. Once issued, each assessment will trigger processes by which EVICC must identify optimal sites along Commonwealth highways and major roadways for future EV charging infrastructure deployment and electric distribution companies (EDCs) must develop plans to satisfy the EV charging demand projected by the assessment.
  2. Additional Planning and Informational Provisions. The Clean Energy Bill also contains several additional provisions intended to advance planning and information availability around the deployment of EVs and EV charging stations. These include directives for the Executive Office of Energy and Environmental Affairs (EEA) to study the feasibility of implementing a prohibition on the sale of gas-powered vehicles in Massachusetts, effective in 2035; for the Department of Public Utilities to open proceedings to facilitate public right-of-way and pole-mounted EV charging equipment throughout the Commonwealth beginning in 2025; for MassDEP to issue guidance regarding the public health, safety, and environmental impacts of EV chargers; and for EEA to promulgate regulations regarding the central filing of EV charging station data.
  3. EV Procurement. The Clean Energy Bill authorizes “governmental bod[ies]” as defined in  G.L. c. 30B—such as municipalities, school districts, and counties—to procure EVs, including EV school buses, and install EV charging stations. This provision does not apply to state agencies.
  4. Consumer and Residential Provisions. The Clean Energy Bill also includes measures to promote the purchase of EVs by consumers and the installation of EV charging infrastructure in residential areas. For example, the bill extends funding for the MOR-EV rebate program. The bill also establishes procedures for condominium associations to approve the installation of EV charging stations in condominium common areas. Further, the bill prevents historic district commissions, neighborhood conservation commissions, or condominium or homeowners' associations from prohibiting or unreasonably restricting owners from installing EV charging stations.

Taken together, these measures seek to increase EV demand while also ensuring that sufficient EV charging infrastructure and electricity are available in the grid to support that increased demand. We'll cover some of these measures in more detail in future posts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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