Bill
H 3535
Two bills: MA zero-emission vehicle/fleet rules with reviews and delays; SC HALO Act creates misdemeanor penalties for obstructing first responders.
Note up front: the document provided for H 3535 contains two distinct legislative texts combined in one file. One is a Massachusetts bill titled “An Act relative to the sale of zero‑emission vehicles” (House No. 3535) that amends Massachusetts General Laws governing zero‑emission vehicle (ZEV) sales and state fleet purchases. The other is a South Carolina criminal statute titled the “Helping Alleviate Lawful Obstruction (HALO) Act,” creating an offense for interfering with first responders. The summary below treats each piece separately and then notes procedural/administrative details and ambiguities.
Purpose:
- To revise how Massachusetts enforces California‑style ZEV and heavy‑duty clean vehicle requirements and to set state fleet purchase timelines for medium‑ and heavy‑duty trucks.
Key provisions:
- Department review (effective January 1, 2025): The Department of Public Health (per amendment to section 142K of chapter 111) must annually review each manufacturer’s compliance with 310 CMR 7.40 (Advanced Clean Cars II). Reviews must include totals of vehicles sold/delivered to franchise dealers and five‑year inventory comparisons.
- Deferred implementation: After its review, the department may postpone application of model‑year ZEV percentage requirements (as set in 13 CCR §1962.2 and 310 CMR 7.40) for any model year if it finds manufacturers representing ≥70% aggregate market share fail to meet required annual goals, or—after consultation with the Department of Transportation—if public charging infrastructure is insufficient to support required ZEV sales.
- Repealer trigger: If DEP delays ZEV sales requirements at any time, Sections 46 and 96 of chapter 179 of the Acts of 2022 are repealed.
- State fleet requirements (beginning July 1, 2025): All Commonwealth purchases/leases of new medium‑ and heavy‑duty trucks must be zero‑emission models (defined as battery electric medium/heavy trucks). The Commonwealth must ensure its medium/heavy fleet is zero‑emission by June 30, 2035.
- Exceptions: The Secretary may purchase non‑battery electric trucks if BEV models do not meet functional needs or charging infrastructure is inadequate.
- Annual reporting: By July 1 each year the Secretary must report to the legislature detailing agency‑by‑agency truck inventories, propulsion types, and justifications where zero‑emission trucks were not chosen.
- Delay of heavy‑duty regulations: DEP is prohibited from implementing or enforcing the California Advanced Clean Trucks and Heavy‑Duty Omnibus regulations (as modified for MA) earlier than July 1, 2027.
Who is affected:
- Vehicle manufacturers and franchise dealers (ZEV sales targets and potential postponements).
- State agencies with medium‑ and heavy‑duty truck fleets.
- DEP and Department of Transportation (review, enforcement, consultation).
- Public charging infrastructure planning and deployment.
Effective date:
- The act “shall take effect upon passage,” but specific start dates appear in provisions (e.g., Jan 1, 2025 review, July 1, 2025 fleet purchases, no heavy‑duty enforcement before July 1, 2027).
Purpose:
- Create a misdemeanor offense for intentionally impeding, threatening, or harassing first responders who are lawfully performing duties.
Key provisions:
- Definitions: “First responder” includes law enforcement officers, firefighters, and emergency medical care providers. “Harass” is defined as willful conduct directed at a first responder causing substantial emotional distress and serving no legitimate purpose.
- Offense (Section 16‑3‑1092): After a verbal warning not to approach from a first responder engaged in lawful duty, it is unlawful to knowingly and willfully approach or remain within 25 feet of that responder with intent to:
1. impede or interfere with duty,
2. threaten with physical harm, or
3. harass.
- Penalty: Misdemeanor — fine up to $500 and imprisonment up to 60 days.
- Effective: Upon approval by the Governor.
Who is affected:
- Members of the public who approach first responders on scene.
- First responders (law enforcement, fire, EMS) who receive statutory protections.
The provided document appears to conflate two different bills (a Massachusetts ZEV bill and a South Carolina criminal statute titled the HALO Act). Before relying on or citing H 3535, verify the official bill text and jurisdiction with the relevant legislative clerk’s office or the legislature’s website to confirm which provisions are in scope for H 3535 and which state’s legislative process they belong to.
Compiled from official sources — confirm details with the bill’s official record.
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