Hydrogen Laws and Incentives in Massachusetts

The list below contains summaries of all Massachusetts laws and incentives related to hydrogen.

Laws and Regulations

Alternative Fuel Offering Requirement

The Massachusetts Department of Transportation may not enter into, renew, or renegotiate a contract with a fuel provider for services on the Massachusetts Turnpike without requiring the provider to offer alternative fuel. Alternative fuel is defined as an energy source that is used to power a vehicle and is not gasoline or diesel.

(Reference Massachusetts General Laws Chapter 6C, Section 75 and Chapter 90, Section 1)

Alternative Fuel Vehicle (AFV) Access to Massachusetts Turnpike and Tunnels

An AFV powered by hydrogen, propane, or natural gas may only use the Massachusetts Turnpike at or between Interchange 1 in West Stockbridge and Interchange 14 in Weston if the vehicle has a special fuel transportation permit issued by the Massachusetts Department of Transportation. The AFV must conform to applicable federal and state laws and regulations. An AFV powered by compressed natural gas or propane may only use Massachusetts tunnels if the vehicle conforms to applicable federal regulations and industry standards, displays required markings to identify its alternative fuel system, and is not used to transport fuel. Additional requirements apply to vehicles powered by propane, compressed natural gas, and hydrogen in the Ted Williams Tunnel and Central Artery North Area Tunnel.

(Reference Code of Massachusetts Regulations 700-7.06 and 700-7.07)

Electric Vehicle (EV) Charging Infrastructure Deployment Support

The Massachusetts Executive Office of Energy and Environmental Affairs must facilitate an intergovernmental coordinating council (Council) to develop and implement an EV charging infrastructure deployment plan for the creation of an equitable, interconnected, accessible, and reliable EV charging network. The deployment plan must:

• Comply with state emission reduction requirements;
• Meet existing EV and EV charger deployment benchmarks;
• Facilitate ending the sale of non-zero emission vehicles by December 31, 2035; and,
• Advance the accessibility and affordability of EV chargers.

The deployment plan must also assess:

• The present and future condition of transportation electrification;
• The number and type of EV chargers needed on public and private property;
• Opportunities for EV chargers in urban, suburban, rural, and low- and moderate-income areas;
• The distribution, transmission, and energy storage infrastructure and technology needed to support EV charger deployment;
• Present and future costs of EV charger deployment;
• Technological advancements in EV chargers and related infrastructure;
• Maintenance strategies for EV chargers;
• EV charger installation recommendations and best practices for public and private sector officials; and,
• Policies, laws, and regulatory actions that may facilitate the deployment of chargers and related infrastructure.

The Council must publish the deployment plan by August 11, 2023, and revise the plan biannually.

(Reference Session Law Chapter 179, Section 81, 2022)

Medium- and Heavy-Duty (MHD) Zero Emission Vehicle (ZEV) Deployment Support

California, Colorado, Connecticut, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington (signatory states) signed a memorandum of understanding (MOU) to support the deployment of MHD ZEVs through involvement in a Multi-State ZEV Task Force (Task Force).

In July 2022, the Task Force published a multi-state action plan to support electrification of MHD vehicles. The action plan includes strategies and recommendations to accomplish the goals of the MOU, including limiting all new MHD vehicle sales in the signatory states to ZEVs by 2050, accelerating the deployment of MHD ZEVs, and ensuring MHD ZEV deployment also benefits disadvantaged communities.

For more information, see the MHD ZEVs: Action Plan Development Process website.

Medium- and Heavy-Duty Zero Emission Vehicle (ZEV) Requirement

Massachusetts has adopted the California Advanced Clean Trucks requirements specified in Title 13 of the California Code of Regulations, requiring manufacturers to meet California’s ZEV production and sales requirements. Beginning with model year 2025, manufacturers will be required to sell zero-emission trucks as an increasing percentage of their annual sales for Class 2b through Class 8 vehicles in Massachusetts. ZEVs include all-electric and fuel cell electric vehicles. For more information, see the Massachusetts Department of Environmental Protection Low Emission Vehicle Program.

(Reference Code of Massachusetts Regulations 310-7.40)

State Hybrid Electric Vehicle (HEV) and Alternative Fuel Vehicle (AFV) Acquisition Requirements

When purchasing new motor vehicles, the Commonwealth of Massachusetts must purchase HEVs or AFVs to the maximum extent feasible and consistent with the ability of such vehicles to perform their intended functions. HEVs and AFVs must be acquired at a rate of at least 5% annually for all new motor vehicle purchases so that not less than 50% of the motor vehicles the Commonwealth owns and operates will be HEVs or AFVs by 2018.

State fleets must also acquire AFVs according to the requirements of the Energy Policy Act (EPAct) of 1992 and the Massachusetts Office of Vehicle Management (OVM) must approve any light-duty vehicle acquisition. All agencies must purchase the most economical, fuel-efficient, and low emission vehicles appropriate to their mission. OVM, in collaboration with the Massachusetts Department of Energy Resources, will set new minimum standards for vehicle fuel economy and work with agencies to acquire vehicles that provide the best value for the Commonwealth on a total cost of ownership basis.

By July 1 of each year, OVM must compile a report detailing the progress made towards these requirements.

(Reference Massachusetts General Laws Chapter 7, Section 9A)

State Zero Emission Vehicle (ZEV) and Infrastructure Deployment Requirements

Massachusetts executive branch agencies and public institutions of higher education must collectively work to meet the following targets, to the extent feasible:

Acquire ZEVs so that the total state fleet consists of:

• 5% ZEVs in 2025;
• 20% ZEVs in 2030;
• 75% ZEVs in 2040; and
• 100% ZEVs in 2050

Starting in the following years, all listed vehicle acquisitions must be ZEVs:

• Fiscal year (FY) 2023, all vehicles with a gross vehicle weight rating (GVWR) of 8,500 pounds (lbs.) or less.
• FY 2025, all vehicles with a GVWR of 14,000 lbs. or less.
• FY 2030, all vehicles with a GVWR of 14,000 lbs. or more.

Increase the total number of electric vehicle (EV) chargers on state properties to:

• 350 EV chargers in 2025; and
• 500 EV chargers in 2030.

All agencies must assess and implement strategies to reduce vehicle fossil fuel use to the greatest extent feasible, including, but not limited to, acquiring the most fuel-efficient and appropriately-sized vehicle models, conducting fleet optimization evaluations, identifying opportunities to reduce vehicle miles traveled, and educating employees on efficient driving practices. Additionally, agencies must prioritize vehicle deployment at facilities located in environmental justice communities.

Police vehicles are exempt from these requirements, but public safety agencies are encouraged to meet these requirements as long as vehicles meet operational needs.

Additional conditions apply. For more information, see the Massachusetts Department of Energy Resources Leading by Example Program website.

(Reference Executive Order 594, 2021)

Vehicle Registration Database

The Massachusetts Department of Transportation (MassDOT), in collaboration with other state agencies, must create and maintain a database of vehicle registrations in the Commonwealth. The database must contain the total number of registrations for:

• Passenger fossil fuel-powered vehicles;
• Passenger hybrid electric vehicles (HEVs);
• Passenger zero emission vehicles (ZEVs);
• Commercial fossil fuel-powered vehicles;
• Commercial HEVs; and,
• Commercial ZEVs.

The database must also track the annual number of vehicle miles traveled per vehicle type. MassDOT must update the database and publish a data summary report annually. For more information, see the Massachusetts Vehicle Census page.

(Reference Session Law Chapter 179, Section 78, 2022 and Massachusetts General Laws Chapter 6C, Section 78)

Zero Emission School Bus Study

The Massachusetts Department of Elementary and Secondary Education (DESE) must prepare a report that analyzes:

• The number of internal combustion engine (ICE) school buses and zero emission school buses in the Commonwealth;
• The annual cost of operating zero emission school buses;
• The purchase price of ICE school buses and zero emission school buses;
• The estimated cost to replace ICE school buses with zero emission school buses;
• The estimated environmental benefits of replacing ICE school buses with zero emission school buses; and,
• The number of school districts that own, rent, lease, or contract for school bus services.

The report must also include recommendations for the creation of an incentive program to support the replacement of ICE school buses with zero emission school buses. DESE must publish the report by June 15, 2023.

(Reference Session Law Chapter 179, Section 87, 2022)

Zero Emission Transit Bus Acquisition Requirement

By December 31, 2030, all passenger buses purchased or leased by the Massachusetts Bay Transportation Authority (MBTA) must be zero emission vehicles (ZEVs). By December 31, 2040, all passenger buses operated by the MBTA must be ZEVs.

(Reference Session Law Chapter 448, Section 6A, 2016, Massachusetts General Laws Chapter 161A, Section 5, and Session Law Chapter 179, Section 65, 2022)

Zero Emission Transit Bus Deployment Plans and Support

The Massachusetts Bay Transportation Authority capital investment program for mass transportation must include a five-year rolling plan to prioritize the deployment of zero emission buses on routes that service underserved and low-income communities. Each plan must report on the progress of public transit electrification goals, including the number of non-zero emission transit buses, barriers to zero emission transit bus deployment, and legislative recommendations to address adoption barriers.

Additionally, the Massachusetts Department of Transportation (MassDOT) must support regional transit authorities in creating electric transit bus adoption plans. Plans must include:

• A goal to transition to zero emission buses;
• The types of zero emission bus technologies a regional transit authority may deploy;
• A schedule for the construction or upgrade of facilities and other infrastructure necessary to deploy and maintain a zero emission bus fleet;
• A schedule for zero emission and internal combustion engine bus purchases and leases;
• The prioritization of zero emission bus deployment in underserved communities;
• A training plan for zero emission bus operators and maintenance staff; and,
• Potential funding sources.

By February 11, 2022, MassDOT must develop and issue recommendations for incentive programs that regional transit authorities may use to deploy and maintain zero emission vehicles.

(Reference Session Law Chapter 448, Section 6A, 2016 and Massachusetts General Law Chapter 25A, Section 1 and 5, and Chapter 161A, Section 5)

Zero Emission Vehicle (ZEV) Deployment Support

Massachusetts joined California, Connecticut, Maine, Maryland, New Jersey, New York, Oregon, Rhode Island, and Vermont in signing a memorandum of understanding (MOU) to support the deployment of ZEVs through involvement in a ZEV Program Implementation Task Force (Task Force). In May 2014, the Task Force published a ZEV Action Plan (Plan) identifying 11 priority actions to accomplish the goals of the MOU, including deploying at least 3.3 million ZEVs and adequate fueling infrastructure within the signatory states by 2025. The Plan also includes a research agenda to inform future actions. On an annual basis, each state must report on the number of registered ZEVs, the number of public electric vehicle supply (EV) charging stations and hydrogen fueling stations, and available information regarding workplace fueling for ZEVs.

In June 2018, the Task Force published a new ZEV Action Plan for 2018-2021. Building on the 2014 Action Plan, the 2018 Action Plan makes recommendations for states and other key partners in five priority areas:

• Raising consumer awareness and interest in electric vehicle technology;
• Building out a reliable and convenient residential, workplace and public charging/fueling infrastructure network;
• Continuing and improving access to consumer purchase and non-financial incentives;
• Expanding public and private sector fleet adoption; and
• Supporting dealership efforts to increase ZEV sales.

For more information, see the Multi-State ZEV Task Force website.

Zero Emission Vehicle (ZEV) Parking Space Regulations

A city or town may restrict certain parking areas for ZEVs, which includes battery electric vehicles, plug-in hybrid electric vehicles, and fuel cell vehicles. A person who is found responsible for a violation of the restricted parking area may be subject to a penalty of no more than $50 and the vehicle may be removed from the parking spot.

(Reference Massachusetts General Laws Chapter 40, Section 22A)

Zero Emission Vehicle (ZEV) and Infrastructure Support

The ZEV Commission is established to recommend policies to expand access to ZEV infrastructure and to encourage the purchase and lease of these vehicles. The ZEV Commission, comprised of state agencies, is tasked with conducting ZEV feasibility studies on the following topics:

• Evaluating opportunities for electrification of the state fleet, including vehicles used by the regional transit authorities; and
• Assessing surcharges, levies, or other assessments to offset projected gas tax revenue loss from the purchase or operation of ZEVs.

For more information, including available reports, see the ZEV Commission website.

(Reference Session Law Chapter 448, Section 5 and 6, 2016 and Massachusetts General Laws Chapter 40, Section 22A)

State Incentives

Diesel Emissions Reductions Grants

The Massachusetts Department of Environmental Protection (MassDEP) provides U.S. Environmental Protection Agency Diesel Emissions Reduction Act (DERA) funding for projects that reduce diesel emissions in Massachusetts. Funding for eligible project costs is available for local or state agencies and public colleges and universities that reduce diesel emissions by converting engines to alternative fuels, retrofitting exhaust controls, purchasing new vehicles, or adding idle reduction equipment. MassDEP prioritizes projects that benefit environmental justice communities. Additional terms and conditions apply. For more information, including funding amounts and how to apply, see the MassDEP Apply for a DERA Open Solicitation Grant website.

Light-Duty Zero Emission Truck Rebates

Massachusetts Department of Energy Resources’ Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program offers residents, nonprofits, local and state government fleets, educational institutions, and businesses rebates of up to $7,500 toward either:

• The purchase or lease of eligible new all-electric and hydrogen fuel cell electric pick-up trucks with a gross vehicle weight rating (GVWR) between 6,000 pounds (lbs.) and 10,000 lbs.; or,
• The purchase or lease of eligible new all-electric and hydrogen fuel cell electric vehicles of any body type with a GVWR between 8,501 lbs. and 10,000 lbs.

Eligible vehicles must have a manufacturer’s suggested retail price of less than $80,000. For more information, see the MOR-EV Pick-Ups and Class 2b Vehicles website.

Light-Duty Zero Emission Vehicle (ZEV) Rebates

Massachusetts Department of Energy Resources’ Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program offers residents, non-profits, and businesses rebates of up to $3,500 for the purchase or lease of eligible new ZEVs. Eligible non-profit and business fleet vehicles may include rental cars, company cars, and light-duty delivery vehicles. An additional $1,500 rebate is available to applicants participating in an eligible income-qualified state assistance program. Applicants must apply within three months of the vehicle purchase or lease date and must retain ownership of the vehicle for a minimum of 36 months. For more information, including application and eligibility requirements, see the MOR-EV website.

Pre-Owned Light-Duty Zero Emission Vehicle (ZEV) Rebates

Massachusetts Department of Energy Resources’ Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program offers low-income residents a rebate of up to $3,500 for the purchase or lease of eligible pre-owned ZEVs. Pre-owned vehicle purchase price must be below $40,000. An additional $1,500 rebate is available to applicants participating in an eligible income-qualified state assistance program. For more information, including application, income, and eligibility requirements, see the MOR-EV website.

Zero Emission Truck Rebates

Massachusetts Department of Energy Resources’ Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Trucks Program offers rebates for the purchase or lease of all-electric and hydrogen fuel cell electric trucks, buses, and vans. Eligible vehicles must have a manufacturer’s suggested retail price of less than $2,000,000. Rebate amounts are available in a declining three block rate structure, determined by the number of trucks per weight group. Rebates are offered in the following amounts:

Applicants may apply for a voucher to reserve a rebate at the current rebate block value. A voucher may be provided to an applicant who has demonstrated an intent to purchase, which may be evidenced by a completed purchase order. Applicable vehicles that are registered or operate with an environmental justice community at least 50% of the time are eligible for an increased rebate amount.

Applicants must apply for a rebate following the purchase and registration of the truck in Massachusetts and must retain ownership of the truck for a minimum of 48 months. MOR-EV Trucks rebates cannot be combined with funds from the Department of Environmental Protection Volkswagen Settlement-Funded Grant & Incentive Programs or Massachusetts Diesel Emissions Reduction Act programs.

Additional terms and conditions apply. For more information, including the number of currently available rebates, see the MOR-EV Rebate Program website.

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