Recent State Updates

Listed below are new and recently updated state laws, incentives, and regulations related to alternative fuels and advanced vehicles.

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California

Government Fleet Electric Vehicle (EV) Charging Station Grants – added 2/20/2024

The California Energy Commission (CEC) Clean Transportation Program provides grants to light-duty local government and tribal government fleets for the purchase, installation, and maintenance of Level 2 and direct current fast charging (DCFC) stations. Applicants may receive up to $12,500 per Level 2 port and up to $100,000 per DCFC port. Eligible projects must install a minimum of 100 charging ports. Applicants must be in California and provide a cost share of at least 30%. For more information, see the CEC Charging Infrastructure for Government Fleets website.

(Reference Assembly Bill 126, 2023)

Connecticut

Electric Vehicle (EV) Charging Station Accessibility Requirements – added 11/29/2023

In October 2022, the Connecticut Department of Administrative Services (DAS) set requirements for accessible EV charging stations by adopting the 2021 International Building Code by the International Council Code (ICC), 2017 ICC A117.1, and American National Standards Institute (ANSI) Section 502.11.

Accessible EV charging stations must have an accessible route from the aisle adjacent to the parking space to the clear floor space. The accessible route must be unobstructed from bollards, curbs, or wheels stops, and remain unobstructed during charging. Meters and pay stations associated with EV charging stations must have displays and information visible from a point located no more than 40 inches above the center of the clear space in front of the parking meter or parking pay station.

For more information, see the DAS Building and Fire Code Adoption Process website.

(Reference Connecticut State Building Code, Section 502.10.2 through 502.11.3)

Delaware

Zero Emission Vehicle (ZEV) Sales Requirements and Low Emission Vehicle (LEV) Standards – updated 12/6/2023

All Model Year (MY) 2014 and later passenger cars and light- and medium-duty vehicles must meet California motor vehicle emissions and compliance requirements specified in Title 13 of the California Code of Regulations. Certain exceptions apply, including the zero emission vehicle sales requirements.

In November 2023, Delaware partially adopted the California vehicle emissions standards and compliance requirements set forth in the California Air Resources Board Advanced Clean Cars II regulation. These new emissions standards and requirements will begin with MY 2027 and require that 82% of new passenger vehicles sold in Delaware must be ZEVs by 2032.

(Reference Delaware Administrative Code Title 7, Sections 1140-6.0)

District of Columbia

Zero Emission Vehicle (ZEV) Sales Requirements and Low Emission Vehicle (LEV) Standards – updated 2/15/2024

The Mayor of the District of Columbia adopted the California motor vehicle emissions standards and compliance requirements specified in Title 13 of the California Code of Regulations. The Mayor:

  • May adopt, by rule, motor vehicle programs for emissions inspection, recall, and warranty requirements;
  • May work in cooperation, and enter into agreements with, other states to administer requirements of the program;
  • Must work in conjunction with other states to promote and facilitate the regional adoption of similar LEV programs; and
  • Must educate District residents on the requirements of any adopted LEV program.

In December 2023, the District of Columbia adopted the California vehicle emission standards and compliance requirements set forth in the California Air Resources Board Advanced Clean Cars II regulation. These new emissions standards and requirements will begin with model year 2027 and require that 100% of new passenger vehicles sold in the District of Columbia must be ZEVs by 2035.

(Reference District of Columbia Code 50-731 and District of Columbia Municipal Regulations District Department of the Environment, Chapter 9, Section 905-913)

Florida

High Occupancy Vehicle (HOV) Lane Exemption – updated 1/6/2024

A driver may operate a qualified Inherently Low Emission Vehicle (ILEV) or hybrid electric vehicle (HEV) in an HOV lane at any time, regardless of the number of passengers, provided that the vehicle is certified and labeled in accordance with federal regulations. All eligible ILEVs and HEVs must comply with the minimum fuel economy standards set forth in Title 23 of the U.S. Code of Federal Regulations, section 166(f)(3)(B). The vehicle must display a Florida Division of Motor Vehicles issued decal, which must be renewed annually. Special fees may apply. Vehicles with decals may also use any HOV lane designated as a HOV toll lane without paying the toll. An HEV is defined as a motor vehicle that draws propulsion energy from on-board sources of stored energy comprised of both an internal combustion engine using combustible fuel and a rechargeable energy storage system and meets or exceeds the qualifying California standards for a Low Emission Vehicle. Three-wheeled vehicles are considered ILEVs for the purposes of HOV lane exemption. For more information, see the Florida Department of Highway Safety and Motor Vehicles HOV Decal website.

(Reference Florida Statutes 316.0741)

Indiana

Electric Vehicle (EV) Registration Fee – updated 1/6/2024

EV owners are required to pay an additional registration fee of $221, and plug-in hybrid and hybrid electric vehicle owners are required to pay an additional registration fee of $74. EV fees will be updated annually based on the special fuel tax index factor. For more information, see the Indiana Bureau of Motor Vehicles Fee Chart

(Reference House Bill 1050, 2023 and Indiana Code 9-18.1-5-12, 6-6-1.6-2(b), and C 6-6-1.6-3)

Michigan

Public Utility Definition – added 1/5/2024

An entity that provides electric vehicle charging services is not defined as a public utility and is not subject to restrictions on the resale of electricity.

(Reference House Bill 4706, 2023)

Electric Vehicle (EV) Charging Station Electricity Dealer License – added 1/5/2024

A person may not sell or dispense electricity as a vehicle fuel at a location other than a residence unless the person holds a valid license. Additional terms and conditions apply.

(Reference House Bill 4706, 2023)

Nebraska

Biodiesel Retailer Tax Credit – added 2/15/2024

Retail dealers that sell 100% biodiesel (B100) at a service station are eligible for a tax credit of $0.14 per gallon. B100 is defined as a pure biodiesel containing mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats that meets ASTM standard D6751. The tax credit is refundable. Additional requirements apply. For more information, see the Nebraska Department of Revenue Nebraska Biodiesel Tax Credit website.

(Reference Legislative Bill 727, 2023)

New Jersey

Zero Emission Vehicle (ZEV) Sales Requirements and Low Emission Vehicle (LEV) Standards – updated 12/21/2023

New Jersey has adopted the California motor vehicle emissions standards and compliance requirements specified in Title 13 of the California Code of Regulations. Manufacturers must meet the greenhouse gas emissions standard and the ZEV production and sales requirements. Under the state’s LEV program, the New Jersey Department of Environmental Protection allows manufacturers who sell or lease qualified LEVs to earn and bank vehicle equivalent credits. For more information, see the New Jersey Department of Environmental Protection LEV Program website.

In November 2023, New Jersey adopted the California vehicle emissions standards and compliance requirements set forth in the California Air Resources Board Advanced Clean Cars II regulation. These new emissions standards and requirements will begin with model year 2027 and require that 100% of new passenger vehicles, light-duty trucks, and medium-duty vehicles sold in New Jersey must be ZEVs by 2035.

(Reference New Jersey Administrative Code 7:27-29.1 through 7:27-29A.7)

New Mexico

Zero Emission Vehicle (ZEV) Sales Requirements and Low Emission Vehicle (LEV) Standards – updated 12/4/2023

New Mexico has adopted the California motor vehicles emissions standards and compliance requirements in the Title 13 of the California Code of Regulations. Manufacturers must meet the greenhouse gas emissions standard and the ZEV production and sales requirements, beginning with model year (MY) 2026. These regulations apply to new passenger cars, light-duty trucks, and sport utility vehicles.

In November 2023, New Mexico adopted the California vehicle emissions standards and compliance requirements set forth in the California Air Resources Board Advanced Clean Cars II regulation. These new emissions standards and requirements will begin with MY 2027 and require that 82% of new passenger vehicles sold in New Mexico must be ZEVs by 2032.

For more information, see the New Mexico Environment Department Transportation website.

(Reference New Mexico Environment Department Docketed Matters, EIB 21-66 (R) and New Mexico Administrative Code 20.2.91)

Medium- and Heavy-Duty Zero Emission Vehicle (ZEV) Requirement – updated 12/6/2023

New Mexico 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 2027, 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 New Mexico. ZEVs include all-electric and fuel cell electric vehicles. For more information, see the New Mexico Environment Department Transportation website.

(Reference New Mexico Environment Department Docketed Matters, EIB 23-56 (R) and New Mexico Administrative Code 20.2.91)

State Agency Low- and Zero-Emission Vehicle Acquisition Requirements – added 12/7/2023

When acquiring new vehicles, all state agencies must purchase all-electric vehicles (EVs), plug-in hybrid electric vehicles (PHEVs), or fuel cell electric vehicles (FCEVs) when one or more models are available for purchase. By 2035, 100% of vehicles in the state fleet must be EVs, PHEVs, or FCEVs. The New Mexico General Services Department and New Mexico Department of Transportation must create fleet purchasing requirements that support these acquisition requirements. State agencies must propose annual vehicle and charging station acquisition and deployment targets to meet the 2035 fleet transition goal.

(Reference Executive Order 2023-138, 2023)

New York

Zero Emission School Bus and Infrastructure Funding – added 11/29/2023

The New York State Energy Research and Development Authority (NYSERDA) New York School Bus Incentive Program (NYSBIP) offers point-of-sale vouchers to school districts for the incremental cost to purchase or repower zero emission school buses to meet state acquisition requirements. Eligible zero emission school buses include all-electric or hydrogen fuel cell electric school buses. Associated charging or fueling infrastructure may also be eligible to receive funding. Rebate amounts vary based on school bus and project type. Applicants located in underserved communities are eligible for increased funding amounts. For more information, including eligibility and voucher amounts, see the NYSERDA NY School Bus Incentive Program Overview website.

(Reference New York Consolidated Laws Environmental Conservation Section, Article 58)

Electric Vehicle (EV) Charging Station Make-Ready Requirements – added 11/29/2023

Beginning December 28, 2023, new construction of parking facilities that can accommodate between 50 and 200 parking spaces must designate at least 10% of parking spaces as EV make-ready parking spaces. New construction of parking facilities that can accommodate over 200 parking spaces must designate at least 20% of parking as EV make-ready parking spaces. EV make-ready parking spaces must be equipped with a minimum of 40 amps and 208 volts of electrical capacity. Requirements only apply to publicly funded construction projects and non-residential parking facilities. Additional requirements and exemptions may apply.

(Reference Assembly Bill 622, 2023 and New York Consolidated Laws State and Finance Section 19-A)

Utility Commercial Electric Vehicle (EV) Charging Station Program Requirements – added 11/29/2023

The New York State Public Service Commission (PSC) authorizes the Demand Charge Rebate program to provide operating cost relief for commercial EV charging customers. Investor-owned utilities must file plans with the PSC to implement a series of programs provide demand charge relief for EV charging station operators, terminate per-plug incentive programs, and implement a commercial managed charging program. For more information, including program details, see the PSC Order Implementing Immediate Solutions Programs.

(Reference PSC Case 22-E-0236)

Rhode Island

Medium- and Heavy-Duty Zero Emission Vehicle (ZEV) Requirement – added 2/21/2024

Rhode Island 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 2027, 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 Rhode Island. ZEVs include all-electric and fuel cell electric vehicles. For more information, see the Rhode Island Department of Environmental Management Advanced Clean Cars II and Advanced Clean Trucks page.

(Reference Rhode Island Department of Environmental Management Regulation Chapter 12-05-37)

South Carolina

Biofuels Production Tax Credit – updated 11/27/2023

Beginning January 1, 2017, qualified biodiesel and ethanol facilities are eligible for an income tax credit of $0.075 per gallon for new production of biodiesel and ethanol. Biodiesel and ethanol facilities may claim the tax credit for up to 10 million gallons of ethanol and biodiesel produced during a 12-consecutive month period, up to 36 months. Additional terms and conditions apply. For more information, see the South Carolina Energy Office Funding website.

Biofuels Distribution Infrastructure Tax Credit – updated 11/27/2023

A taxpayer that purchases, constructs, or installs, and places into service a qualified commercial facility for distributing or dispensing biofuels is eligible for an income tax credit of up to 25% for purchase, construction, property, and installation costs. Eligible infrastructure includes pumps, storage tanks, and related equipment used exclusively for distributing, dispensing, and storing biofuels. A qualified facility must clearly label the equipment used to store or dispense the fuel as being associated with biofuel. The credit must be taken in three equal annual installments beginning with the taxable year in which the facility is placed into service. Qualifying fuels include blends containing at least 70% ethanol (E70) dispensed at the retail level for use in motor vehicles, and pure ethanol or biodiesel fuel dispensed by a distributor or facility that blends these non-petroleum liquids with gasoline or diesel fuel for use in motor vehicles.

For more information, see the South Carolina Energy Office Funding website.

(Reference South Carolina Code of Laws 12-6-3620)

Virginia

Zero Emission Vehicle (ZEV) Sales Requirement and Low-Emission Vehicle (LEV) Standards – updated 2/15/2024

The Virginia Air Pollution Control Board has adopted the California motor vehicle emissions and compliance requirements specified in Title 13 of the California Code of Regulations. Beginning January 1, 2024, these regulations apply to all passenger cars, light-duty trucks, and medium-duty vehicles. Manufacturers must meet the greenhouse gas emissions standard and the ZEV production and sales requirements.

In January 2024, Virginia adopted the California vehicle emission standards and compliance requirements set forth in the California Air Resources Board Advanced Clean Cars II regulation. These new emissions standards and requirements will begin with model year 2027 and require that 100% of new passenger vehicles sold in Virginia must be ZEVs by 2035.

(Reference Virginia Code 10.1-1307.04)

Electric Vehicle (EV) Charging Station Deployment Grants – added 2/15/2024

The Virginia Department of Energy offers grants of up to $400,000 to private businesses and public-private partnerships for the installation of EV charging stations in rural or underserved communities. For more information, including additional requirements, see the Virginia Department of Energy EV Charging Assistance Program website.