Executive Order No. 10-50 (No. 04-25) [Advanced Clean Trucks, Advanced Clean Cars II, and Heavy-Duty Engine
and Vehicle Omnibus]
WHEREAS, in December of 2022, Vermont adopted the Advanced Clean Cars II (ACC II),
Advanced Clean Trucks (ACT), and Heavy-Duty Engine and Vehicle Omnibus (HD Omnibus)
rules, pursuant to Section 177 of the federal Clean Air Act; and
WHEREAS, the ACC II and ACT rules require original equipment manufacturers (OEMs or
manufacturers) of passenger cars and light-duty trucks and on-road medium- and heavy-duty
vehicles to produce and deliver for sale an increasing percentage of zero emission
vehicles (ZEVs) starting in Model Year 2026; and
WHEREAS, the framework for the ACC II and ACT rules are intended to accelerate the
transition to ZEVs, give Vermonters and Vermont businesses more options, protect public
health and air quality, and reduce greenhouse gas emissions; and
WHEREAS, the HD Omnibus rule is intended to protect public health and air quality
and requires manufacturers of on-road heavy-duty vehicles with gross vehicle weight
ratings (GVWR) greater than 10,000 pounds to meet more stringent emission standards
for nitrogen oxides (NOx) and particulate matter (PM) and to enhance warranty periods,
useful life, and durability of applicable engines starting in Model Year 2026; and
WHEREAS, it has become clear that there is insufficient charging infrastructure for
passenger cars and insufficient technological advances in heavy-duty vehicles for
these regulatory requirements to meet current goals; and
WHEREAS, tariffs and other federal disruptions are increasing costs and causing supply
chain uncertainty; and
WHEREAS, some manufacturers are shifting the burden of the ACC II and ACT rules to
local auto dealers by requiring ZEV sales before allowing internal combustion engine
car and truck sales (hereinafter referred to as “ZEV sales ratios”), which reduces
the number and type of internal combustion engine cars and trucks available to Vermont
dealerships and customers; and
WHEREAS, some manufacturers are requiring ZEV sales before allowing internal combustion
engine truck sales to generate nitrogen oxide credits in lieu of HD Omnibus-compliant
engine sales to meet HD Omnibus requirements, again resulting in reduced availability
of internal combustion engine trucks to Vermont dealerships and customers; and
WHEREAS, my Administration remains committed to achieving emissions reductions, including
vehicle emissions, I have determined compliance flexibility and enforcement discretion
are needed to ensure Vermonters will continue to be able to acquire the full range
of passenger cars and light-duty trucks and on-road medium- and heavy-duty vehicles
in sufficient numbers to satisfy demand and avoid counterproductive impacts.
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of
Vermont by the Constitution of the State of Vermont, Chapter II, Section 3 and Section
20, 10 V.S.A. § 554, and 10 V.S.A. § 551, I HEREBY ORDER the Vermont Department of Environmental Conservation (Department)
shall use its enforcement discretion as necessary to ease compliance with ACC II and
ACT standards, including but not limited to, the following:
(a) For the ACT and HD Omnibus sales requirements, provided that manufacturers do not
impose ZEV sales ratios on dealerships in Vermont and provided that manufacturers
supply internal combustion engine on-road medium- and heavy-duty vehicles to dealerships
seeking those vehicles, the Secretary of the Agency of Natural Resources (ANR), shall
utilize compliance flexibility and exercise enforcement discretion by not taking action
against manufacturers that do not meet their sales obligations for the duration of
this order.
ANR shall establish an email box dedicated to receiving complaints from those who
believe manufacturers are imposing ZEV sales ratios on dealerships in Vermont. ANR
and the Department shall post this contact information prominently on their websites,
together with instructions on required information, including make, model, model year
and number of vehicles.
ANR shall evaluate the information provided to determine if a manufacturer remains
eligible for the compliance relief provided by this order; and
(b) For the ACC II ZEV sales requirements, the Secretary of ANR shall exercise compliance
flexibility and enforcement discretion by declining to pursue penalties associated
with any ZEV delivery shortfalls for the duration of this order. To be eligible for
compliance relief, manufacturers must not impose ZEV sales ratios on dealerships in
Vermont and must fulfill in a timely manner all requests for vehicles to dealerships
seeking those vehicles.
ANR shall require each manufacturer to provide to the Secretary, by July 1, 2025 and
July 1, 2026, reports detailing efforts to promote and market ZEVs such as increasing
deployment of charging infrastructure including investments in fast charging, level
2 charging and home charging options; educating and training dealerships including
sales and service staff on ZEVs; and providing ZEVs for ride and drive events.
Nothing in this Executive Order is intended to conflict with applicable State or federal
law.
This Executive Order 04-25 shall take effect upon signing and shall continue in full
force and effect until December 31, 2026, or until the Governor, in consultation with
the Secretary of ANR, determines whether to amend or rescind this Order.
Dated May 13, 2025.