Dealers, municipal utilities and auto trade groups urge pause or flexibility on Massachusetts ZEV sales mandate

Dealership and municipal utility representatives told the Telecom, Utilities and Energy Committee that Massachusetts should delay or give regulators flexibility in enforcing Advanced Clean Cars/Trucks rules because market, infrastructure and cost realities make the current sales mandates infeasible.

The concern was raised during testimony supporting House Bill 3,535, an act described at the hearing as allowing the Department of Environmental Protection or similar agencies to delay implementation or enforcement of 0‑emission vehicle mandates. Representative Dave Merrady, speaking in support of H.B. 3535, said Massachusetts currently sells only about 8 percent zero‑emission vehicles and that a mandate of 35 percent for model year 2026 rising to 100 percent by model year 2035 “is simply not realistic.” He said manufacturers and dealers need time to “catch up” and that insufficient charging infrastructure and consumer anxiety about range are already leaving inventory on dealer lots.

Industry witnesses amplified that message. Wayne Weichel of the Alliance for Automotive Innovation told the committee the state’s ACC2 adoption requires 35 percent ZEV sales in model year 2026 and a steady increase to 100 percent in 2035 and said automakers and the charging network are “way ahead of consumers” and the infrastructure needed to support those sales. Bob Okanewski, executive vice president of the Massachusetts State Auto Bureau Association, and dealer Jeff Rees said dealers have invested in training and charging but face inventory, consumer‑demand and federal incentive uncertainties. Rees warned that reductions in federal tax incentives would further depress demand and harm consumers and dealerships.

Municipal service providers said the technology gap is acute for medium‑ and heavy‑duty vehicles used in public safety and utility work. Jim Lyden, senior legislative regulatory coordinator for the Massachusetts Municipal Wholesale Electric Company (MMWEC), said MassDEP has delayed certain heavy‑duty rules and exempted municipal snowplows and sweepers through model year 2026. Lyden told the committee that electric medium‑ and heavy‑duty vehicles currently cost about $650,000 versus roughly $350,000 for conventional models, that many municipal vehicles operate long distances and in outages where charging may be unavailable, and that requiring early electrification could increase public safety risks or pass large costs to ratepayers.

Committee members asked questions about whether the Commonwealth should simply pause the ACC2 timetable, whether manufacturers might limit internal combustion engine vehicle deliveries to manipulate percentages, and how loss of federal incentives would affect leasing. Witnesses pointed to recent actions by other states: Maryland delayed implementation; Vermont paused enforcement; and some governors have publicly paused participation in state ACC2 programs.

Discussion only: no bill vote occurred during the hearing. The committee heard testimony in favor of H.B. 3535 and related municipal relief bills (H.B. 3,570 and S.3,226 were cited in testimony) but took no formal action on them at the hearing.

Ending: Proponents said they are not opposed to eventual electrification but urged the Legislature and regulators to build flexibility, targeted funding, and a realistic timeline tied to charging deployment and federal incentives so that dealerships, municipalities and consumers are not left with untenable costs or safety risks.