Recent State Updates

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 (DC) fast chargers. Applicants may receive up to $12,500 per Level 2 port and up to $100,000 per DC fast charging 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)

Any state regulation that seeks to require or compel the procurement of medium- and heavy-duty ZEVs must authorize public agency utilities to purchase ZEV replacements for traditional utility-specialized vehicles that are at the end-of-life.

(Reference California Vehicle Code 28500 and Assembly Bill 1594, 2023)

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)

Exporters of special fuel out of Indiana must be licensed to either collect and remit special fuel taxes or be licensed to sell special fuel tax-free in the recipient state. The fee for each license is $200. Transporters of special fuel from outside of Indiana to inside Indiana must obtain a license. The fee for each license is $50.

Importers of special fuel in a fuel transport vehicle having a capacity of more than 5,400 gallons, or in a pipeline or barge shipment into storage facilities other than a qualified terminal, must obtain an importer’s license. The license fee is $200.

The Department (Department) of State Revenue may require special fuel blenders to first obtain a license from the Department.

(Reference Senate Bill 228, 2024 and Indiana Code 6-6-2.5-22)

The Indiana Utility Regulatory Commission has the authority to promote the electrification of the transportation sector by designating specifics issues related to EV planning that each utility must include in its next integrated resource plan.

(Reference Indiana Utility Regulatory Commission Docket No. 45816)

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 or reconstructed multifamily housing developments with five or more units must designate 15% of required off-street parking as EV make-ready parking spaces, in proportion to new or reconstructed multifamily housing. Prior to occupancy, EV chargers must be installed in 5% of off-street parking. Multifamily housing must then install EV chargers in an additional 5% of parking spaces within 3 years of occupancy and another 5% within 6 years of occupancy. Multifamily housing may install make-ready parking spaces and EV chargers at a faster rate than required. Throughout the installation of EV chargers in make-ready parking spaces at multifamily housing, at least 5% of EV chargers must be accessible for people with disabilities. This does not apply to multifamily housing that is entirely restricted to low- or moderate-income housing. Additional terms and conditions apply.

(Reference New Jersey Statutes 40:55D-5, 40:55D-66.20, 52:27D-119, and 40:55D-66.2 and Senate Bill 3490, 2024)

The Board of Public Utilities (Board) must develop a request for proposal to determine eligibility for the establishment of demonstration projects involving the development of EV charging depots for EV use. The proposal shall describe the following:

• The requirements for the provision of EV charging depots;

• The production or storage of Class I renewable energy;

• Demand management plans; and,

• The total number of EV miles traveled, which depots shall, at a minimum, be capable of supporting coincident peak sufficient to meet vehicle electric loads.

Priority will be given to direct current (DC) fast charging demonstration projects for medium- and heavy-duty fleets. Additional terms and conditions apply. The Board must report the results of the demonstration projects to the Legislature by January 2029.

(Reference Assembly Bill 4794, 2024)

The New Mexico Environment Improvement Board must implement rules to establish a Clean Transportation Fuel Standard Program (Program) that reduces the overall carbon intensity of transportation fuels used in the state by at least 20% below 2018 carbon intensity levels by 2030 and at 30% below 2018 carbon intensity levels by 2040. The Program must go into effect no later than July 1, 2026. For more information, see the New Mexico Environment Department Clean Fuel Standard website.

(Reference House Bill 41, 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 website.

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

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)

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.

Washington’s Clean Fuels Program (Program) requires a reduction in the overall carbon intensity of transportation fuels used in the state by 20% below 2017 levels by 2034. The Program requires transportation fuel producers and suppliers to meet specified average carbon intensity requirements for fuel. The Program’s regulated fuels include gasoline, diesel, gasoline mixed with at least 10% corn-derived ethanol, biomass-based diesel, propane, and hydrogen. Producers of low carbon fuels, such as electricity and alternative jet fuel, may participate, but are not required to register for the Program. Aviation fuel, marine fuel, railroad fuel, and offroad fuel used for agriculture, logging, mining, and other activities are exempt and will not generate deficits. The Program allows producers and importers to generate, acquire, transfer, bank, borrow, and trade credits. Fuel producers and importers regulated under the LCFS must meet quarterly and annual reporting requirements. For more information, see the Washington Department of Ecology Clean Fuel Standard page.

(Reference Revised Code of Washington 70A.535.005-70A.535.140)

Washington classifies components of EV chargers made available for commercial or public use as commercial metal property and are made subject to sales restrictions that apply to other commercial metal property. At the time of a transaction, every business selling components of EV chargers must produce an accurate and legible record of the transaction documented on a standardized form.

(Reference Senate Bill 5542, 2023 and Revised Code of Washington 19.290.010-250)