Volkswagen Mitigation Trust
Implementing cost-effective projects across New Hampshire to alleviate excess nitrogen oxide emissions caused by Volkswagen violations.
On January 4, 2016, the federal government filed a complaint against Volkswagen alleging violations of the Clean Air Act. The complaint alleged that approximately 580,000 model year 2009 to 2016 diesel vehicles manufactured by Volkswagen Group of America Inc., Volkswagen AG, Volkswagen Audi AG, Porsche AG and Porsche Cars North America contained “defeat devices” in the form of computer software designed to cheat on federal emissions tests. This enabled the vehicles to emit levels of oxides of nitrogen (NOx) as high as 40 times the federal standard without detection by the vehicle’s On Board Diagnostic system, a system that numerous states, including New Hampshire, rely upon to detect and require repairs on vehicles exceeding federal emission standards.
On October 2, 2017, the Department of Justice and Volkswagen signed a $15 billion settlement, a portion of which – $2.9 billion – is being held in an Environmental Mitigation Trust to be shared among Beneficiary U.S. states and tribes, based on the number of violating vehicles registered in each. New Hampshire was allocated a Trust share of $30,914,841. The purpose of the Mitigation Trust is to fund environmental mitigation projects to reduce emissions of NOx where the subject vehicles were, are or will be operated.
In 2017, Governor Sununu directed the former Office of Strategic Initiatives (OSI) to be New Hampshire’s Lead Agency in relation to the Environmental Mitigation Trust funds. OSI worked closely with New Hampshire Department Environmental Services (NHDES) to develop New Hampshire’s Beneficiary Mitigation Plan that lays out how New Hampshire plans to spend the portion of the Trust allocated to the State. NHDES was subsequently appointed as Lead Agency by the Governor in August 2021.
Review the New Hampshire Beneficiary Mitigation Plan, the list of Eligible Mitigation Actions and the Environmental Mitigation Trust for State Beneficiaries for more information.
Granite State Clean Fleets Request for Proposals (RFP) - Solicitation closed as of October 13, 2023. Thank you for your proposals.
This funding opportunity made $10,000,000 available to support local government entities for approved projects to reduce emissions from qualifying diesel vehicles and equipment by replacing them with electric alternatives and new diesel models. In an overwhelming response to this RFP, NHDES received 43 eligible proposals! Selected projects are currently in the contracting and review phase or are pending NH Governor and Executive Council approval.
- New Hampshire VW Environmental Mitigation Trust Granite State Clean Fleets Request for Proposals
- Webinar with Q&A
NH VW Environmental Mitigation Trust Direct Current Fast Charging Infrastructure Request for Proposals - Solicitation Closed on February 25, 2022
In response to the VW Environmental Mitigation Trust Direct Current Fast Charging Infrastructure RFP, NHDES received 30 application packets containing a total of 53 proposed Electric Vehicle Supply Equipment (EVSE) deployment options. NHDES determined that 43 of these proposed options - representing 35 sites across 25 NH towns and cities - met the minimum qualifications of the RFP and were subsequently advanced to a scoring phase. These proposals were evaluated by a Scoring Committee comprised of representatives of the New Hampshire Departments of Energy, Transportation and Environmental Services. The ranking and status of the eligible applications can be found in the resource below titled "Eligible Projects Received." NHDES continues to complete contract negotiations and approvals for selected projects.
Resources and Documents for the VW DCFC EVSE RFP:
- New Hampshire VW Environmental Mitigation Trust Direct Current Fast Charging Infrastructure Request for Proposals
- October 13, 2021 - Notice Regarding VW DCFC RFP Questions and Extension of Proposal Due Date
- November 2, 2021 – VW DCFC RFP Amendment #1
- December 3, 2021 – VW DCFC RFP Amendment #2
- January 12, 2022 – VW DCFC RFP Amendment #3
- Webinar Recording: NH VW Environmental Mitigation Trust Direct Current Fast Charging Infrastructure Request for Proposals Informational Session
- Eligible Projects Received (Updated August 7, 2024)
VW Trust Documents and New Hampshire’s Plan
On January 29, 2018 Wilmington Trust, N.A. filed a Notice of Beneficiary Designation with the United States District Court for the Northern District of California, designating New Hampshire as a Beneficiary of the State Trust. Visit the Volkswagen Diesel Emissions Environmental Mitigation Trust website for more background information. New Hampshire’s Beneficiary Mitigation Plan lays out how New Hampshire plans to spend the almost $31 million allocated to the state.
Past VW Trust Funding Opportunities
Utilizing New Hampshire’s portion of the VW Trust, the State has released funding opportunities in the form of Request for Proposals that are consistent with the New Hampshire Beneficiary Mitigation Plan. The following spreadsheet details these past VW funding opportunities.
Funded Projects and Committed and Expended Funds
New Hampshire was allocated a Trust share of $30,914,841. The purpose of the Mitigation Trust is to fund environmental mitigation projects to reduce emissions of NOx where the subject vehicles were, are or will be operated. The following spreadsheet details VW Trust funded projects resulting from past funding opportunities, and the funds that have been committed or expended.
This website and its contents were last reviewed by the Mobile Sources Team as of April 4, 2024.