The U.S. Senate on May 22 approved a resolution of disapproval supported by U.S. Sen. Deb Fischer (R-NE) to repeal California’s Advanced Clean Trucks (ACT) regulation. The resolution now heads to the president’s desk to be signed into law.
The Senate voted 51-45 to pass House Joint Resolution (H.J.Res.) 87, introduced April 2 by U.S. Reps. John Joyce (R-PA) and John James (R-MI). H.J.Res. 87 passed the U.S. House of Representatives on April 30 with a vote of 231-191.
“This heavy-handed regulation imposes unrealistic emissions requirements for heavy-duty trucks and heavy-duty diesel engines,” Sen. Fischer said from the Senate floor prior to the vote. “This government mandate handed down to vehicle manufacturers demand they sell zero-emission trucks at an increased rate from 2024 to 2035. We aren’t under any illusion as to what this means. We know that the goal is to effectively end the sale of internal combustion engine trucks.”
Sen. Fischer on April 4 sponsored the companion resolution, the identical S.J.Res. 46, alongside 16 Republican original cosponsors, including lead cosponsor U.S. Sen. Shelley Moore Capito (R-WV).
Specifically, the joint resolution nullifies the Environmental Protection Agency notice titled “California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision,” published on April 6, 2023.
Among other elements, the notice granted the California Air Resources Board request for a waiver of several of its regulations, including the Heavy-Duty Vehicle and Engine Emission Warranty Regulations and Maintenance Provisions. Under the Clean Air Act, California may seek waivers of the preemption prohibiting states from enacting certain emission standards, according to the summary in the Congressional Record.
“This California waiver and subsequent regulation is simply not based in reality and it will have real-world consequences,” said Sen. Fischer. “By requiring truckers to meet California’s standards — even while working outside of the state — operator costs will increase, fleet upgrades will be impacted, and interstate commerce will be disrupted. And American consumers will bear the brunt of increased costs.”