EXECUTIVE ORDER 01.01.2025.10

ENSURING SUCCESS WITH ADVANCED CLEAN CARS II AND ADVANCED CLEAN TRUCKS IN MARYLAND

A. Enforcement Discretion. The Maryland Department of the Environment shall work with OEMs to ease the burdens created by the current federal Administration on ACC II and ACT compliance, including by, but not limited to, the following:

(1) Maximizing the Department's use of enforcement discretion as necessary and appropriate to ease compliance with ACC II and ACT standards, including:

(a) For the ACT standards, declining to pursue penalties associated with any ZEV delivery or sales shortfalls for Model Year 2027, and declining to pursue penalties for shortfalls in Model Year 2028 unless the Department publishes the Needs Assessment and Deployment Plan required by the Clean Trucks Act of 2023 by December 1, 2025;

(b) For the ACC II standards, declining to pursue penalties associated with any ZEV delivery shortfalls for Model Year 2027 and Model Year 2028 unless the Department is carrying out voluntary agreements with OEMs collectively representing at least 40% of the State's market share for passenger car and light truck vehicles subject to ACC II; and

(c) Discretion to decline the application of enforcement provisions under ACT and ACC II associated with any ZEV delivery shortfalls for Model Year 2027 and Model year 2028;

(2) Making any regulatory changes permitted by the Clean Air Act to ease any compliance burdens caused by changes in federal policy; and

(3) Continuing to work with CARB and other states that adopted CARB regulations under Section 177 to counter the harmful  impacts of the current federal administration's policies. 

B. Establishment. There is hereby established a Maryland ACC II and ACT Working Group ("Working Group").

C. Purpose. The Working Group shall develop recommendations for  how the ACC II and ACT programs can be successfully  implemented in Maryland. 

D. Membership. The Working Group shall consist of no more than  15 members including: 

(1) The Secretary of the Environment, or the Secretary's designee;

(2) The Secretary of Transportation, or the Secretary's designee;

(3) The Chief Sustainability Officer;

(4) One member of the Senate of Maryland, appointed by the  President of the Senate;

(5) One member of the House of Delegates, appointed by the  Speaker of the House;

(6) One representative from OEMs, appointed by the Governor;

(7) One representative from the Maryland Automobile Dealers  Association, appointed by the Governor;

(8) One representative from the Maryland Truck Association,  appointed by the Governor;

(9) Three representatives from Maryland environmental  organizations, appointed by the Governor; and

(10) Additional members appointed at the discretion of the  Governor. 

E. Chair. The Governor, or the Governor's designee, shall Chair the  Working Group. 

F. Meetings of the Working Group.

(1) The Working Group shall meet as often as its duties require, but  no less than monthly.

(2) The Chair may convene meetings of the Working Group and  shall preside over the meetings.

(3) The Working Group may establish ad hoc committees that meet  in between the Working Group's official monthly meetings. 

G. Reporting. The Working Group shall submit a final report detailing  its findings and recommendations to the Governor and General Assembly by December 31, 2025. 

H. Administration . 

(1) The Department of the Environment shall provide staff for the  Working Group. 

(2) Members of the Working Group may not receive any  compensation for their services, but may be reimbursed for their  reasonable expenses incurred in the performance of duties in  accordance with the State Standard Travel Regulations and as  provided in the State budget. 

I. Implementation. This Executive Order shall be implemented in a  manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any  State or federal law or to affect the State's receipt of federal funding. 

Effective Date: April 4, 2025