BILL: Should We Protect Vehicles From Climate Regulators? - Preserving Choice in Vehicle Purchases Act - H.R.1435

The Bill

H.R.1435 - Preserving Choice in Vehicle Purchases Act

Bill Details

• Sponsored by Rep. John Joyce (R-Pa.) on March 8, 2023
• Committee: House - Energy and Commerce
• House: Passed on Sept. 14, 2023
• Senate: Not yet voted
• President: Not yet signed

Bill Overview

• Prevents the EP from allowing California's climate regulators to limit the sale or use of new gas-powered motor vehicles. In 2022, California approved a new requirement that will effectively ban the sale of new cars with internal combustion engines by 2035 in favor of zero-emission vehicles. Seventeen states have laws in place that tether their vehicle emissions standards to those set in California, representing over 40% of total U.S. car purchases.
• Under the Clean Air Act, states can't adopt or enforce emission control standards for new motor vehicles unless the Environmental Protection Agency (EPA) provides a waiver authorizing them to do so. The bill blocks the EPA from issuing these waivers.
• In a 222-190 vote, the House approved the Act with 214 Republicans and eight Democrats voting in favor.

What's in the Bill?

Protects auto industry 

• Supporters argue that California's regulatory requirements will increase the cost of all new cars, eliminate the models that are most popular, cost jobs, and impact the U.S. auto sector.
• Opponents argue that California's electric vehicle (EV) industry will create jobs and spark innovation. If California were a country, it would rank 4th in EV sales behind China, the U.S., and Germany.

Ensures consumer choice

• Ensures American consumers have freedom of choice when it comes to the type of vehicle they decide to buy, not limited to electric vehicles.

Challenges claims of California Air Resources Board

• Argues that CARB's climate rules are ineffective and won't have a discernible impact on global warming.
• According to the sponsors, CARB's push for electric vehicles will strengthen China's carbon-intensive mineral extraction industry as EVs rely on several rare minerals.

Restricts EPA waivers

• Restricts the EPA from issuing waivers that would ban the sale of gas-powered vehicles.
• The EPA's decision to reinstate waivers has been challenged in court by several states and industry groups and was argued in the U.S. Court of Appeals for the D.C. Circuit on Sept. 15.

What Supporters Are Saying

• Supporters believe that California's push for 100% electric for new vehicles is an attempt to coerce the auto industry to transition to battery/electric faster than market demand can support. They also believe it will strain the country's electricity infrastructure.
• Rep. Joyce, the sponsor of the bill, said:

"The simple fact is that electric vehicles cannot meet the demands of my constituents. Coupling the mountains with the harsh winters and the intense heat of summers makes driving an electric vehicle both unreliable and ultimately unrealistic for many of my constituents."

• Steven G. Bradbury, former acting deputy secretary of transportation and fellow at The Heritage Foundation, said:

"Whether or not the challengers prevail in court, there remains a clear need for Congress to step in and permanently end California's climate imperialism."

• Rep. Elise Stefanik (R-N.Y.) said:

"Far-Left Leaders like New York Governor Kathy Hochul are attempting to shove their Far Left Green New Deal agenda down the throats of the American consumers, shamelessly pushing out of touch policies that would ban gas powered cars in favor of electric vehicles ultimately eliminating consumer choice."

• Rep. Cathy McMorris Rodgers (R-Wash.) said:

"This legislation is about ensuring Americans can continue choosing the vehicles that best suit their lives. It's about making sure people have the option of driving practical, functional, and affordable cars. And it's about embracing the legacy of the American auto industry."

What Opponents Are Saying

• California's Democratic Gov. Gavin Newsom said:

"Governor Ronald Reagan created the nation's first clean air regulator here in California, and President Richard Nixon signed the Clean Air Act to preserve our right to keep driving efforts to cut pollution. But the Republicans of today reject the idea that pollution is bad and clean air is good, trying to use the courts to legislate their backwards ideology. We're going to fight like hell to preserve that once-bipartisan tradition and leave our communities better off for our kids and their grandkids."

• California's Attorney General Rob Bonta said:

"The attacks on California's current and historical efforts to address vehicle pollution of all kinds are misguided and misplaced."

• California Air Resources Board (CARB) Chair Liane Randolph said:

"Congress has long preserved California's ability to regulate vehicle emissions within the state and provide solutions to communities that for decades have endured some of the worst pollution in the nation. Our regulations have propelled innovation in vehicle-emission control technologies that help clean the air Californians breathe. We look forward to the court affirming more than 50 years of that Congressional choice."

• Rep. Frank Pallone (D-N.J) said:

"The transportation sector is the single-largest contributor of greenhouse gas emissions and other dangerous air pollution. But once again, Republicans want to bury their heads in the sand and ignore reality, even while more than 100 million Americans are right now living in counties with unhealthy levels of air pollution."

Tell your reps to support or oppose this bill

-Emma Kansiz 

(Photo Credit: Canva)