Bill
SB 1020
The bill delays ACC II adoption until 2031 at earliest and bars enforcement penalties on manufacturers for EV/PHEV delivery shortfalls, reducing near-term emissions pressure.
Status: Introduced (First Reading, Senate Rules) — Introduced Jan 30, 2025
Primary sponsor (in text): Senator Hershey (bill text matches Maryland-style statutes)
Key statutory sections amended: Environment Article §§ 2‑1102, 2‑1103, 2‑1106 (Annotated Code)
Purpose
- Limit how and when the State’s Department of the Environment may adopt California’s Advanced Clean Cars II (ACC II) regulations and restrict certain enforcement actions tied to ACC II delivery requirements for electric vehicles (EVs) and plug‑in hybrid electric vehicles (PHEVs).
Key provisions
- Program authority preserved: The Department continues to be authorized under federal Clean Air Act §177 to establish and maintain a low emissions/vehicle program (see §2‑1102), applicable to 2011 model year vehicles onward.
- Delay adoption cutoff (new §2‑1103(B)): The Department is prohibited from adopting the California ACC II regulations to be effective for any motor vehicle model year earlier than model year 2031. In short, ACC II cannot be implemented to apply to model years before 2031.
- Enforcement/penalty carve‑out (amending §2‑1106): The Department may not apply the enforcement or penalty provisions of Subtitle 6 of the Environment Article to a motor vehicle manufacturer for failing to meet the ACC II minimum EV or PHEV delivery (sales/volume) requirements for an applicable model year. (Other enforcement provisions of the statute continue to apply to other violations unless otherwise limited.)
- Other cooperative authority retained: The Department may still work with California, other states, and D.C. on certification, in‑use compliance, inspection, recall and warranty administration (subject to the limits above).
Who is affected
- Department of the Environment: restricted timeline for adopting ACC II and limited in applying statutory enforcement/penalties against manufacturers for delivery shortfalls.
- Motor vehicle manufacturers: shielded from Subtitle 6 enforcement/penalties specifically for failing to meet ACC II EV/PHEV delivery minima for affected model years.
- Dealers and consumers: potential downstream impacts on vehicle availability, choices, and timing of EV/PHEV offerings in the state market.
- Air quality/state emissions outcomes: delayed or reduced near‑term regulatory pressure to increase EV/PHEV share could affect projected emissions reductions tied to vehicle electrification.
- Multi‑state coordination: may affect Maryland’s ability to fully align with California and other §177 states in the near term.
Effective date
- The bill text includes an express effective date of July 1, 2025.
Potential impacts and considerations
- Implementation delay: By prohibiting adoption effective before model year 2031, the bill defers ACC II’s regulatory reach and the associated market/policy drivers for EV/PHEV uptake in the near term.
- Reduced manufacturer penalty risk: Limiting application of Subtitle 6 enforcement/penalties to manufacturers for delivery shortfalls reduces enforcement leverage that would encourage compliance with ACC II delivery targets.
- Legal and administrative interaction: The bill preserves the Department’s §177 authority generally and its ability to cooperate with other jurisdictions, but it narrows timing and certain enforcement tools — this could influence negotiations with automakers and cooperative enforcement schemes with other states.
- Emissions trajectory: Delaying ACC II adoption may slow planned regulatory emissions reductions from light‑duty vehicle electrification unless alternative measures are adopted.
Note: The provided document contains text fragments from multiple jurisdictions and sessions; this summary focuses on the Maryland‑style Advanced Clean Cars II provisions in SB 1020 (Environment — Advanced Clean Cars II Program — Application and Enforcement).
Compiled from official sources — confirm details with the bill’s official record.
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