This is our third blog post discussing provisions in the 2024 Massachusetts Clean Energy Bill promoting the deployment of electric vehicles (EVs) and EV charging infrastructure. The first post provided an overview of the bill's main EV provisions. The second post discussed the Electric Vehicle Infrastructure Coordinating Council's expanded leadership and coordination role under the Clean Energy Bill, including developing and issuing an assessment of EV charging infrastructure demand and impacts, triggering planning and investments around EV chargers and the electric grid.
Here, we take a closer look at some of the Clean Energy Bill's other key EV provisions:
1. EEA Feasibility Study of EV-Only Mandate in 2035
The Clean Energy Bill directs the Executive Office of Energy and Environmental Affairs (EEA) to conduct a study on the feasibility of prohibiting the sale of gas-power vehicles in 2035. The study must include an examination of a realistic timeline to implement such a mandate, the infrastructure necessary to implement it (including "ample" EV charging stations), where and how much electricity will be needed to sustain such a mandate by 2035, and the costs associated with the repair and maintenance of EVs compared to gas-fueled cars. EEA must consult with potentially impacted industries, including the automobile, auto sales and repair, transportation, shipping and construction, and travel and tourism industries. The bill does not set a date by which EEA must deliver this report.
2. DPU Proceedings to Facilitate EV Charging Stations
The Clean Energy Bill directs the Department of Public Utilities (DPU) to open a proceeding to promote the deployment of right-of-way (i.e., public curbside) and pole-mounted EV charging equipment throughout the Commonwealth. Electric distribution companies (EDCs) shall submit plans to facilitate the deployment of such equipment by December 31, 2025. The Clean Energy Bill includes an illustrative list of topics such plans may cover, including timelines, potential public-private partnerships, equity considerations, potential funding mechanisms, and reporting requirements. The DPU must approve, approve with conditions, or reject the EDCs' plans by July 31, 2026.
3. MassDEP Guidance on Health, Safety and Environmental Impacts
The Clean Energy Bill directs the Massachusetts Department of Environmental Protection to issue guidance on EV chargers' public health, safety, and environmental impacts within 6 months of the bill's effective date (i.e., by May 21, 2025).
4. Extension of Funding for MOR-EV Program
The Clean Energy Bill extended funding through June 30, 2027, for the Electric Vehicle Adoption Incentive Trust Fund, which funds the MOR-EV program. MOR-EV ("MA Offers Rebates for Electric Vehicles") provides $3,500 to $6,000 rebates to Commonwealth residents for qualifying EV purchases. The Clean Energy Bill makes at least $27 million annually available to consumers to incentivize EV adoption.
5. Promotion of Residential EV Charging Stations
The Clean Energy Bill includes various provisions to promote the installation of EV charging stations in residential communities. First, the bill establishes procedures for the approval of the installation of EV charging stations in condominium common areas. Among other things, the bill allows the cost of installing EV charging equipment to be assessed to individual unit owners as a special assessment.
Second, the Clean Energy Bill prevents historic district
commissions, neighborhood conservation commissions, or condominium
or homeowners' associations from prohibiting or unreasonably
restricting owners from installing EV charging equipment. Although
such entities may set reasonable restrictions, such restrictions
"shall give substantial weight to threats posed by climate
change and the commonwealth's obligation to meet the statewide
greenhouse gas emission limits and sublimits" set by statute.
Further, such entities may require an owner to submit an
application before installing EV charging equipment, but the Clean
Energy Bill sets limits to prevent unreasonable delay or denial.
The bill, moreover, expressly authorizes these entities to install
EV charging equipment in common areas reserved for the use of all
members or residents.
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We'll be tracking the implementation of these provisions and provide relevant updates as they arise.
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.
