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Massachusetts E85 Laws and Incentives


State Laws and Regulations

Hybrid Electric (HEV) Alternative Fuel Vehicle (AFV) Acquisition Requirements

When purchasing new motor vehicles, the Commonwealth of Massachusetts must purchase HEVs or AFVs to the maximum extent feasible and consistent with the ability of such vehicles to perform their intended functions. HEVs and AFVs must be acquired at a rate of at least 5% annually for all new motor vehicle purchases so that not less than 50% of the motor vehicles owned and operated by the Commonwealth will be HEVs or AFVs by the year 2018. (Reference Massachusetts Session Law 169, 2008)

Cellulosic Biofuel Tax Exemption

For taxable years beginning January 1, 2009, and ending December 31, 2017, fuel consisting of cellulosic biofuel or a blend of gasoline and cellulosic biofuel is eligible for an exemption of the $0.21 per gallon fuel tax, in proportion to the percentage of the fuel content consisting of cellulosic biofuel. For these purposes, eligible cellulosic biofuel includes fuel derived from cellulose, hemicellulose, or lignin derived from renewable biomass that yields at least a 60% reduction in lifecycle greenhouse gas emissions (GHG) relative to the average lifecycle GHG emissions for petroleum-based fuel sold in 2005. (Reference Massachusetts Session Law 206, 2008)

Biofuels Incentives Study

A special commission is established to study the feasibility and effectiveness of various forms of incentives to promote the development and use of advanced biofuels in Massachusetts including, but not limited to, production credits, the production and harvesting of woody biomass, feedstock incentives and direct consumer credits for the use of advanced biofuels in various applications. The commission must report the results of its investigation and study and its recommendations on or before March 31, 2009. (Reference Massachusetts Session Law 206, 2008)

Biofuels Use and Promotion Study

A special commission is established to investigate and develop a strategy to increase the use of advanced biofuels as alternatives to conventional carbon-based fuels by the Commonwealth of Massachusetts, its agencies and political subdivisions, and regional transit authorities. The commission will consider methods such as financing mechanisms including grants, loans, and other incentive programs for group procurement of advanced biofuels, vehicles using advanced biofuels, distribution infrastructure, and technical assistance. The commission must report the results of its investigation and study and its recommendations on or before April 15, 2009. (Reference Massachusetts Session Law 206, 2008)

State Agency Energy Plan

In order to reduce the energy consumption and greenhouse gas impact of state government, Massachusetts agencies must prioritize programs and practices that result in a reduction of fossil fuel-based energy consumption and emissions from such consumption, including promoting sustainable transportation practices and switching to bio-based and other alternative fuels. (Reference Executive Order 484, 2007)

State Agency Alternative Fuel Use Requirement

Beginning in Fiscal Year (FY) 2008, all state agencies must use a minimum of 5% biodiesel in all on- and off-road diesel engines, increasing to 15% by FY 2010. Prior to 2010, the Division of Energy Resources (DOER) will determine if the increase to 15% biodiesel is feasible as well as which vehicles can operate using the fuel. In addition, DOER will set guidelines for a minimum required use of E85 ethanol in state flexible fuel vehicles, depending on the availability of the fuel in the state. Agencies may apply for exemptions from the biodiesel and E85 fuel use requirements if it is demonstrated that the alternative fuel is not available within a reasonable distance and/or the price of the alternative fuel is cost prohibitive as determined by DOER. (Reference Massachusetts Executive Office of Administration and Finance Bulletin 13, 2006)

Alternative Fuel Vehicle (AFV) Acquisition Requirement

State fleets must acquire AFVs according to the requirements of the Energy Policy Act (EPAct) of 1992. At least 75% of non-excluded vehicles purchased by the Massachusetts Department of Procurement and General Services (DPGS) must be the cleanest AFVs available and practical; at least 10% of the total non-excluded vehicles purchased by DPGS must be zero emission vehicles. (Reference Executive Order 388, 1997)