Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
Commissioner Bonnie Heiple
Massachusetts Department of Environmental Protection, Bureau of Air and Waste
100 Cambridge St., Suite 900, Boston
Dear Commissioner Heiple and Massachusetts Department of Environmental Protection Bureau of Air and Waste team,
On behalf of all cities and towns across the Commonwealth, I write today to provide a municipal perspective on emergency regulations amendments to 310 CMR 7.40, Low Emission Vehicle Program. Thank you for the opportunity to weigh in on the proposed amendments to this important program.
We deeply appreciate the strong relationship between the Massachusetts Municipal Association and MassDEP. A strong partnership with cities and towns is essential to the success of numerous initiatives overseen by the department. The success of the Low Emission Vehicle Program, in particular the Heavy-duty Omnibus and Advanced Clean Truck (ACT) rules are no exception. We appreciate the department’s willingness to consider the many implications of these policies on end users and residents, as well as your willingness to take bold moves to ensure the success of these initiatives.
The amendments currently under consideration adopt California’s Heavy-duty Omnibus model year 2026 legacy engine provisions, clarify exemptions, and delay the Heavy-duty Omnibus effective model year. Further, the adoption of legacy engine provisions helps ensure that certain engines continue to be produced in various truck categories. We appreciate these actions that will ensure that all categories of affected vehicles continue to be accessible.
The amended regulations clarify a list of exempt vehicles, which is a welcome addition. We also appreciate the Department’s wise action to adapt language to ensure transit buses are exempt. However, in regard to the emergency vehicle exemptions, these changes fall short of fully adapting to our Commonwealth’s unique conditions. In particular, notably missing from these exemptions is the important role of Departments of Public Works and many associated private sector vendors in emergency response and services. We strongly encourage you to include DPW vehicles to the list of exempt emergency vehicles.
In addition to the everyday and seasonal essential services that DPWs provide — waste removal, snow removal, water and sewer services — our DPWs are among the first to respond to numerous emergency situations, including downed trees, damaged infrastructure, flooding events, ensuring EMS and Fire Department access to sites, water and sewer service interruptions and crises, and the wide range of impacts of extreme weather events.
We are further concerned with the omission of vehicles that may be needed to ensure the safe transmission and distribution of electricity in response to emergency events and to support day-to-day needs. As we accelerate toward the Commonwealth’s clean energy future, it is essential that these vehicles are available to ensure a rapid development of the infrastructure needed to support this future. Such infrastructure is a critical component to ensure the success of the Advanced Clean Truck rule. Additionally, these vehicles are not isolated to electric distribution companies. Cities and towns, municipal light plants, and our private sector partners all need the security of knowing such vehicles will be available to help them to get the job done.
In regard to the delay of the Heavy-duty Omnibus effective model year from 2025 to 2026, we applaud the Department’s wise move to delay the implementation of this rule. However, we remain concerned that a 1-year delay will bring only limited benefit to assist in the availability of affected vehicles within the Commonwealth, especially in conjunction with the Advanced Clean Truck regulation. We urge the Department to consider a further delay of the HDO by at least one additional year, followed by a 2-year delay of the implementation of ACT.
A delay of these policies both emphasizes the Commonwealth’s continued commitment to these rules while allowing for the necessary foundational actions to be taken to ensure the success of these policies. For example, this would assist municipalities to be able to budget appropriately for necessary changes to fleets and support the installation of associated infrastructure. Further, available technology in the affected truck categories would improve, helping ensure public investments are responsibly made in vehicles that are appropriate for the jobs in which they are needed. And lastly, EDCs and energy developers would have more adequate time to employ the strategic electric infrastructure required for the success of the program.
Although not included in the amendments under consideration, we deeply appreciate the Department’s action to exercise enforcement discretion for government snow removal and street sweeping vehicles in regards to the ACT. However, this temporary exemption does not cover the wide variety of vehicles needed to ensure the delivery of essential services provided everyday by municipalities, water and sewer districts, MLPs, and our private sector vendors. We strongly urge the Department to continue to adapt Massachusetts’ regulations to meet the unique needs of the Commonwealth.
Our counterparts in California have reported that cities and towns have not been able to access the new vehicles they need and instead are continuing to operate older, dirtier vehicles well beyond their expected lifespans. This result brings to question the Commonwealth’s authority to amend these regulations given evidence that the results will not achieve greater reduction in air pollution than the national standard. We encourage you to investigate the results we are seeing in California and use your authority to adapt the Massachusetts program accordingly.
We further encourage increased interdepartmental collaboration and incentives to help to offset the numerous challenges and implications of these policies. Additional financial support for zero-emission vehicles and associated charging infrastructure will be needed, as well as further encouragement of zero-emission technology beyond electrification. Further, expansion of the necessary electric infrastructure that ensures regional equity and coordinates appropriately with these respective policies will be essential for the success of the program.
Cities and towns fully support the vision to reduce emissions and improve air quality. We must also recognize the numerous challenges communities face in transitioning fleets to zero-emission vehicles today and in the short term and work to ensure that municipalities are able to protect public safety and maintain or improve existing levels of operation and efficiency.
Thank you again for your ongoing support of our Commonwealth’s cities and towns. We greatly appreciate your prioritization of this topic and your ongoing partnership as we continue toward our shared climate and environmental goals.
If you have any questions, please do not hesitate to have your office contact me or MMA Legislative Analyst Adrienne Núñez at anunez@mma.org at any time.
Sincerely,
Adam Chapdelaine
MMA Executive Director & CEO