An Act to Support Maine's Electric Vehicle Adoption Goals by
Maine Legislature, Session 132, LD 1394
Committee: Housing and Economic Development
Sponsors: ROBERTS
Amends: 29-A MRSA §1801, 29-A MRSA §1810

Legislative Document
No. 1394
H.P. 916
House of Representatives, April 1, 2025
An Act to Support Maine's Electric Vehicle Adoption Goals by 
Providing an Exclusion for Electric Vehicles from Certain 
Requirements of the Right to Repair Law
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representative: COLLAMORE of Pittsfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §1801, sub-§1-A is enacted to read:
1-A.  Electric vehicle.  "Electric vehicle" means a motor vehicle that is a battery 
electric vehicle, as defined in Title 35-A, section 10126, subsection 1, paragraph A, or a 
plug-in hybrid electric vehicle, as defined in Title 35-A, section 10126, subsection 1, 
paragraph D.
Sec. 2.  29-A MRSA §1801, sub-§2-B is enacted to read:
2-B.  Manufacturer.  "Manufacturer" means a person engaged in the business of 
manufacturing or assembling new motor vehicles that are sold in this State.
Sec. 3.  29-A MRSA §1801, sub-§6, as enacted by IB 2023, c. 3, §2, is amended to 
read:
6.  Telematics system.  "Telematics system" means a system in a motor vehicle that 
collects information generated by the operation of the vehicle and transmits that 
information using wireless communications to a remote receiving point where the 
information is stored or used. "Telematics system" includes, but is not limited to, any of 
the following services:
A.  Automatic airbag deployment and crash notification;
B.  Remote diagnostics;
C.  Navigation;
D.  Vehicle location;
E.  Remote door unlock;
F.  Transmitting emergency and vehicle location information to public safety 
answering points; and
G.  Any other service integrating vehicle location technology, wireless 
communications or convenience features in a vehicle.
Sec. 4.  29-A MRSA §1810, sub-§7, as enacted by IB 2023, c. 3, §3, is repealed 
and the following enacted in its place:
7.  Exclusions.  Notwithstanding any provision of this section to the contrary, the 
following exclusions from the requirements of this section apply.
A.  A manufacturer of motor vehicles sold in the United States may exclude diagnostic, 
service and repair information necessary to reset an immobilizer system or security-
related electronic module from information provided to motor vehicle owners and 
independent repair facilities. If excluded under this paragraph, the information 
necessary to reset an immobilizer system or security-related electronic module must be 
made available to motor vehicle owners and independent repair facilities through the 
secure data release model system as used on January 5, 2024 by the National 
Automotive Service Task Force or other known, reliable and accepted systems.
B.  A manufacturer of motor vehicles sold in the United States may be excluded from 
the requirements of subsection 6 and any other telematics systems requirements of this 
section for any electric vehicle sold by the manufacturer if:
(1)  The electric vehicle's telematics system complies with applicable security and 
privacy standards of the Federal Trade Commission and the United States 
Department of Transportation, National Highway Traffic Safety Administration as 
set forth in rules adopted by the Department of Environmental Protection pursuant 
to subsection 7-A; and
(2)  The manufacturer meets the electric vehicle availability threshold established 
by the Department of Environmental Protection by rule pursuant to subsection 7-A.
To qualify for the exclusion under this paragraph for an electric vehicle, the 
manufacturer shall annually provide to the Department of Environmental Protection 
for review and approval a certification that it satisfies the requirements of 
subparagraphs (1) and (2).
Sec. 5.  29-A MRSA §1810, sub-§7-A is enacted to read:
7-A.  Electric vehicle availability threshold; report.  In consultation with the 
Department of Transportation and the Governor's Energy Office, the Department of 
Environmental Protection shall adopt routine technical rules, as defined in Title 5, chapter 
375, subchapter 2-A, for the purposes of administering the exclusion under subsection 7, 
paragraph B, which must, at a minimum:
A.  Establish an electric vehicle availability threshold that a manufacturer must meet 
for the purposes of the exclusion under subsection 7, paragraph B that sets forth a 
minimum number of electric vehicles that must be annually delivered for sale or lease 
to all motor vehicle dealers in the State by a manufacturer of motor vehicles or a 
minimum percentage of electric vehicles out of the total number of all vehicles of that 
manufacturer that are delivered for sale or lease to all dealers.  In establishing the 
threshold, the Department of Environmental Protection shall, at a minimum, account 
for the electric vehicle adoption goals outlined in the climate action plan under Title 
38, section 577 and motor vehicle and electric vehicle market conditions;
B.  Include a process by which the Department of Environmental Protection shall 
annually review the electric vehicle availability threshold under paragraph A and adjust 
that threshold based on changes in electric vehicle adoption, market conditions or other 
factors determined by the department;
C.  Identify the applicable security and privacy standards of the Federal Trade 
Commission and the United States Department of Transportation, National Highway 
Traffic Safety Administration that a manufacturer of motor vehicles must certify that 
an electric vehicle complies with for the exclusion under subsection 7, paragraph B to 
apply to the electric vehicle; and
D.  Include a process by which a manufacturer of motor vehicles may submit to the 
Department of Environmental Protection the certification described in paragraph C for 
the exclusion under subsection 7, paragraph B to apply to an electric vehicle sold by 
the manufacturer.
By January 15, 2026, and annually thereafter, the Department of Environmental Protection 
shall submit to the joint standing committee of the Legislature having jurisdiction over 
environment and natural resources matters a report providing, at a minimum, information 
regarding the number of manufacturer certifications reviewed and approved or denied 
pursuant to subsection 7, paragraph B; an assessment of the effect of those exclusions on 
electric vehicle adoption in the State and on consumer safety, data privacy and the 
availability of diagnostic, service and repair information; and recommendations, including 
proposed legislation, for amendments to the exclusion in subsection 7, paragraph B or the 
department's rule-making authority in this subsection.  After review, the committee may 
report out legislation relating to the report.
SUMMARY
This bill amends the motor vehicle right to repair law to provide an exclusion from 
certain telematics systems requirements for electric vehicles sold by a motor vehicle 
manufacturer if the manufacturer annually certifies to the Department of Environmental 
Protection that the electric vehicle's telematics system complies with applicable security 
and privacy standards of the Federal Trade Commission and the United States Department 
of Transportation, National Highway Traffic Safety Administration and the manufacturer 
meets the electric vehicle availability threshold established in department rule.  The 
threshold must set forth a minimum number of electric vehicles that must be annually 
delivered for sale or lease to all motor vehicle dealers in the State by a manufacturer of 
motor vehicles or a minimum percentage of electric vehicles out of the total number of all 
vehicles of that manufacturer that are delivered for sale or lease to all dealers.
By January 15, 2026, and annually thereafter, the Department of Environmental 
Protection must submit to the joint standing committee of the Legislature having 
jurisdiction over environment and natural resources matters a report providing information 
regarding the number of electric vehicle exclusions reviewed and approved or denied; an 
assessment of the effect of those exclusions on electric vehicle adoption and on consumer 
safety, data privacy and the availability of diagnostic, service and repair information; and 
recommendations, including proposed legislation, for necessary amendments to the 
exclusion.  After reviewing the report, the committee may report out related legislation.