The approval of Congressional Review Act (CRA) resolutions that overturn U.S. Environmental Protection Agency’s waivers of key California Air Resources Board (CARB) regulations, aimed at enforcing stricter emissions and goals for selling zero-emission vehicles, have states and truck manufacturers rethinking their strategies.
The CRA upends plans to implement Advanced Clean Trucks (ACT), which would require manufacturers to sell an increasing percentage of zero-emission chassis, including those for school buses by 2035. The CRA also targets Advanced Clean Cars II that would require all passenger car, truck and SUV sales be zero-emission in 2035 and the Omnibus Heavy-Duty Low NOx regulations for off-road emissions.
While the waivers were not been signed by President Donald Trump at this writing, California is at least one state preparing to take legal action if and when signed. Additionally, the weight of the future of zero-emission vehicles and clean air requirements will fall on states and OEMs. Many OEMs are taking a wait and see approach.
“Today’s votes in the Senate fly in the face of nearly 50 years of precedent. For decades, California and other states have had the authority to adopt vehicle emissions standards that exceed those at the federal level, and for good reason,” said Dan Lashof, senior fellow at World Resources Institute (WRI), when the CRA passed the Senate May 22. “These standards are vital in protecting people from the vehicle pollution which causes asthma attacks and other serious health problems.”
CARB Chair Liane Randolph released a statement disapproving of the CRA waivers, noting that it is a “short-sighted political move” and a strike against the long-term goal of zero-emission vehicles.
“California profoundly disagrees with today’s unconstitutional, illegal and foolish vote attempting to undermine critical clean air protections,” she wrote. “It’s an assault on states’ rights the federal administration claims to support that puts national air quality standards out of reach and will have devastating effects for the 150 million Americans who breathe unhealthy air every day. These actions are contrary to the text of the Congressional Review Act, as recognized by the nonpartisan U.S. Government Accountability Office and the Senate Parliamentarian. California will pursue every available remedy to challenge these actions and defend our right to protect the public from dangerous air pollution. Turning the clock back on both cleaner combustion engine requirements and zero-emission technology is an attack on clean air.”
Meanwhile, states that voted to adopt CARB’s regulations are postponing enforcement. Four of the 10 states that follow CARB (Maryland, Massachusetts, Oregon and Vermont) have pushed back their ACT compliance timelines by a year or more.
While not a CARB-specific state, the Pennsylvania Department of Environmental Protection announced earlier this month it is extending its suspension of enforcement of its own Pennsylvania Heavy-Duty Diesel Emissions Control Program until Jan. 2, 2028.
This includes school buses and the ACT rule. Gerry Wosewick, executive director of the Pennsylvania School Bus Association, said the government agency has been working hard with partner organizations to roll back this requirement.
“This has been a legislative priority for us for quite a few years now and we have been advocating for it pretty heavily during that time,” Wosewick said. “It was actually a part of [the PSBS] legislative committee’s [strategy] plan. Since this is a regulatory issue, we have had several pieces of legislation that have been entered over multiple sessions in an effort to best address this change. Despite our lobbying efforts, we have been unsuccessful in getting any legislation through.”
With the Pennsylvania School Boards Association, MTA and others, Wosewick said there was enough pressure to address the regulation, which was key to getting it delayed.
“I oftentimes refer to it as the death by a thousand paper cuts in Pennsylvania,” he added. “While our contractors are phenomenal and find new and innovative ways to continue operations, it’s the constant small regulatory and statutory changes that keep making it more difficult to operate in the industry.”
Instead, he commented the industry should be able to work collaboratively to focus on timely emissions rollouts, as opposed to being forced to respond to regulatory drives.
Related: Despite Federal Funding in Peril, California State Funding for EVs Continues
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Related: Report Highlights Shift in Federal Policy from EVs to Conventional Fuels
Back at the federal level, the budget reconciliation bill passed by the House of Representatives May 22 is a comprehensive piece of legislation proposing significant changes, including scaling back the tax credits for clean energy included in the Inflation Reduction Act.
WRI noted that if the cuts in the current iteration of the bill are passed, “average Americans will see severe consequences: Businesses will face more red tape and uncertainty; it will be more difficult and costly to meet growing electricity demand; consumers will see skyrocketing electricity prices; workers will lose jobs; and local governments will encounter barriers to implementing programs that benefit their communities and save money,” it said in a statement.
The organization added that it would erase much of the $400 billion in investment and savings that clean energy tax credits have generated thus far.
“The proposed sudden elimination of the credits, which support low and no emission vehicle technologies, including the Qualified Commercial Clean Vehicle Credit (45W) and the Alternative Fuel Vehicle Refueling Property Credit (30C), will not only hinder the transition to cleaner vehicles and healthier communities but will pose immediate logistical and financial challenges to school districts, municipalities and others who have already made plans and budget decisions predicated on being able to access these credits,” WRI said. “Moreover, eliminating these credits means we are limiting consumer choice and ceding competitiveness in this growing market to China.”
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