CARB's Advanced Clean Truck Rule is Live in Massachusetts

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MassDEP adopted the CARB (California Air Resources Board) Heavy Duty Omnibus and Advanced Clean Truck Regulations (aka 310 CMR 7.40) December 2021, along with several other States. The bill took effect January 1, 2025.

What does that mean?

Starting with model year 2025 vehicles, manufacturers will be required to produce an ever-increasing number of zero-emission vehicles, or in other words, electric powered heavy-duty trucks. The practical effect of this will mean fleets within the State will likewise be required to purchase, register and operate a higher percentage of zero emission vehicles (ZEV) over the next several years, starting as of January 1st 2025. The availability of internal combustion engine vehicles for fleets in the State will concurrently be drastically limited, and in many instances entirely unavailable from manufacturers with these regulations now in place.

According to the Mass DEP, in Massachusetts, the Transportation sector is responsible for approximately 37% of emissions, so from the State’s perspective, the move to zero emissions trucks is a clear and relatively immediate way to curtail emissions and ensure that climate and GHG goals set for 2035 and 2050 are reachable.

These emissions reduction goals have been a key part of Massachusetts’s approach to climate change and are a primary subject of multiple bills passed by the Legislature over the past several years, as we have discussed. They also align with national goals and policies, the Biden Administations sweeping Transportation DeCarbonization agenda, and COP derived Global Memorandums of Understanding on emissions reductions.

The federal Transportation DeCarbonization plan specifically addresses emissions as they occur from seven different sectors, one of which is light and heavy-duty transportation. The ultimate goals of that plan align with CARB and EPA regulations, essentially, which puts Massachusetts in line with them as stated. (For info on the Transportation Decarbonization plan, COP26 MOU and EPA rule go here: Transportation Decarbonization: Medium & Heavy Duty Vehicles)

However, as has come up with the 10 other States (particularly New Jersey) who have adopted CARB regulations, there is substantial concern on the part of those in the Transportation industry that compliance with these regulations will be next to impossible for several reasons.

Primarily - There is a substantial lack of availability of ZEV trucks and other heavy-duty vehicles. Where there is availability, the issue becomes the cost prohibitive nature of the electric vehicles and the long wait time for their delivery. New ZEV trucks cost an estimated 2-3 times what conventional trucks do, so even with tax incentives at play, they are prohibitively expensive for many (if not all) fleets – so much so that in November 2024 the Mass DEP made the decision to provide exemptions for municipalities on the purchase of ZEVs for a year, citing the lack of financial ability of cities and towns to purchase the new equipment.

In the event availability and cost were not a factor, there is also a lack of charging infrastructure. This is an issue both within the State/Region and nationally (see here: Infrastructure Bill EV Charging Stations Slow to Start) This specific issue has been addressed in the most recent version of the Clean Energy Law in the State of Massachusetts, so the further contention is that the State acknowledges the infrastructure issue and has taken measures to correct it, but since these measures do not take effect immediately, they further advocate for the need to delay. (For a refresher on that Climate Bill go here: Deja Vu: MA Passes Landmark Climate Change Bill )

There is also a concern amongst first responders that the measures required to handle incidents with electric vehicles are vastly different than the processes required for conventional tankers, and there is a question of training and SOPs needing to be updated to ensure first responders and fire personnel are able to safely extinguish and contain ZEV trucks in the event of a vehicle fire or other emergency. For example, a Tesla battery-operated heavy-duty truck crashed in Nevada in August 2024 and is being investigated by the National Transportation Safety Board as a test case for handling the resultant fires. (You can read about that crash and the NTSB investigation in Transportation Topics here: Tesla Semi Crash, Fire Mark NTSB’s First EV Truck Case | Transport Topics)

Despite these concerns, the Advanced Clean Truck Rule took effect in Massachusetts on January 1st, after several last minute attempts for a delay by both members of the Transportation Industry and Massachusetts legislators based on the concerns cited above. (You can read the most recent pending request from State Legislators to the Governor’s office here: Legislators continue to urge governor to delay ACT implementation - Trucking Association of Massachusetts )

If you have questions about what the ACT taking effect will mean for your business, you can find out more specifics on the Mass DEP site here: Massachusetts Low Emission Vehicle (LEV) Program | Mass.gov .

 

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