The U.S. Senate voted today to repeal an EPA waiver that allowed California to ban the selling of new gas-powered passenger vehicles by 2035, effectively making the same rule adopted by the Murphy administration null and void.
Both Congressional houses have now passed a Congressional Review Act resolution to overturn the Biden-era EPA waiver authorizing California’s Advanced Clean Cars II ban on sales of new gas, diesel and traditional hybrid vehicles.
The resolution now goes to President Trump’s desk for signing. Ending EV mandates in the United States was a Day One promise by the president.
For New Jersey, which is one of 12 states adopting the ACCII rule, the repeal would mean there is no ban on gas-powered cars by 2035 in the state.
“We thank the members of the Senate who voted pragmatically and with common sense to overturn California’s ban on sales of new gas cars,” said NJBIA Deputy Chief Government Affairs Officer Ray Cantor.
“The California mandate, which New Jersey had chosen to follow, would remove basic freedoms of choice, exacerbate income inequality in our state and add greatly to New Jersey’s lack of affordability.”
With the California waiver overturned, all states will presumably need to conform to the EPA standard – which is less stringent but also sets emissions targets that will require EV mandates.
It also anticipated, however, that the EPA under the Trump administration will work with auto manufacturers and the business community to update the EPA standard.
“We are confident that EPA will work with industry on a workable rule that will allow for the natural growth of the EV market and hopefully allow for other lower carbon options to be deployed,” Cantor said. “New Jersey can also continue to incentivize the purchase of EVs and charging stations.”
NJBIA has fought the gas-car ban since the Murphy administration adopted it nearly two years ago, as consumers would face higher prices for new and used gas-powered vehicles and leave them fewer choices at the dealership. The state also does not have the appropriate local and highway infrastructure to successfully allow for the EV mandate.
Additionally, a year ago, a bipartisan coalition of hundreds of New Jersey, Pennsylvania and Delaware union workers, business leaders, community advocates, energy producers and local and state elected officials rallied at the Statehouse in Trenton calling on the EPA and the Murphy administration to change course on the gas car ban policy.
“New Jersey has been working toward reducing carbon emissions, as we should,” Cantor said. “We have seen organic growth in the usage of electric vehicles, also as it should be. But continuing efforts to mandate a ban of new gas-powered cars in such an expedited time frame ignores feasibility, practicality and affordability in New Jersey.
“We can, and should, make our transition to cleaner transportation without unworkable mandates.”
In a high-stakes move, Senate Republicans pushed forward with a simple majority vote on Wednesday night to undo California's EV mandate in California, even though Democrats and the nonpartisan Government Accountability Office claimed the decision should have been subject to the 60-vote filibuster rule.
With Republicans bypassing the 60-vote rule, Democrats warned in a contentious, day-long session they were now in defiance of the Senate parliamentarian.
They also contended Republicans would be setting a precedent to destroy the legislative filibuster and turn the Senate into a majority-vote body.
Senate Majority Leader John Thune argued he wasn’t trying to end the filibuster and that this particular vote would apply only in certain cases.
Senate Minority Leader Chuck Schumer, however, said he wasn't buying it and when Democrats next have a majority in the Senate that "what comes around goes around."
