Senate repeals California's ACT regulation, revoking 'EV mandate'

It's been a rough month for California's emissions policy. Following a lawsuit from SEMA and NTEA, the California Air Resources Board, the state's emissions-enforcing agency, agreed to roll back the High-Priority Fleet and Drayage Fleet Requirements of the Advanced Clean Fleets Regulation. This hinders the state's plans to mandate only zero-emission medium- and heavy-duty trucks around the ports by 2035.

Now the whole state's ability to mandate EVs, sweeping regulatory power granted via waivers from the Environmental Protection Agency's Clean Air Act, has been revoked by Congress.

On May 23, the U.S. Senate voted to remove EPA waivers that would have allowed CARB's Advanced Clean Trucks and low-NOx Omnibus regulations, which are stricter than federal rules, to move forward. ACT called for medium- and heavy-duty truck manufacturers to sell increasing percentages of ZEVs from 2024-2035, effectively phasing out gas- and diesel-powered engines.

Because of the resolutions, similar emissions rules in the 10 other states that adopted ACT's guidelines and the nine following Omnibus regs have also been stymied. Four that voted to adopt the ACT (Maryland, Massachusetts, Vermont, and Oregon) had already announced they were delaying enforcement of their ACT compliance timelines by a year or more.

The ACT vote was 51-44. The Omnibus rule was closer at 49-46. The House previously voted to remove the waivers on April 30. President Donald Trump still has to sign the law, and given his stance on EV regulations, that is a foregone conclusion.

The process to revoke the waivers began in February, shortly after EPA Administrator Lee Zeldin was sworn in. Zeldin used the Congressional Review Act as the legislative lever to reverse the power previously given to California by the Biden administration.

California Governor Gavin Newsom called the vote illegal and an unconstitutional attack on the state, announcing that the state plans to sue in defense of the waivers.

"We won’t stand by as Trump Republicans make America smoggy again," he said. "We’re going to fight this unconstitutional attack on California in court.”

Trucking's response

The industry took a victory lap in the hours following the Senate vote, with lobby and trade group leaders expressing support for the outcome.

"Today’s Senate action sends a resounding message nationwide that this is not the United States of California, nor will it ever be,” said Chris Spear, American Trucking Associations' president and CEO, in a statement to ATA members following the ruling. He lambasted the Golden State, calling it a "breeding ground of all bad public policy."

He added, "It’s long past time that our nation’s leadership in Washington stop abdicating its responsibility to unelected, cubicle-dwelling bureaucrats in Sacramento who have no understanding of the real world and how it works."

If passed, Spear said the mandate "would have decimated our industry and unleashed a torrent of economic pain on the American families and businesses that we serve."

In his message, he thanked EPA administrator Zeldin and President Trump, who often promised on the campaign trail that he would end any and all EV mandates.

SEMA President and CEO Mike Spagnola also thanked Trump for "putting an end to this nightmarish EV mandates policy" and fulfilling "the important promise he made to the American people," and echoed that the country is not the "United States of California."

Spagnola also pointed out this action received bipartisan support and expressed his confidence in the future of the industry:

“Congress’ vote gives the nation’s automotive marketplace much-needed stability, which will deliver renewed investment and sufficient resources to aid our industry in doing what we do best: innovating the future of automotive technology."

Steve Carey, NTEA president and CEO, also applauded the Senate vote result, but asserted that the work truck organization never took issue with the goal of cleaner vehicles, but with the plan to get there:

“NTEA has long advocated for achievable solutions that align with the real-world applications of commercial vehicles, and this outcome helps ensure our members can continue to build and supply the vehicles that are essential for commerce.”

David Heller, Senior VP of Safety and Government Affairs for Truckload Carriers Association (TCA), also expressed his organization's support of the overturn and their mission of advocating for affordability, reliability, and achievable solutions for fleets:

"The repeal of these poorly planned measures is a testament to the voice that our membership has provided and the resolve of our industry to tell our story. As a major issue during TCA’s 2024 Call-on-Washington, we emphasized the very notion that these rules would have been crippling to our nation’s supply chain and an obstacle to an industry that thrives on delivering a nation."

OOIDA President Todd Spencer said:

"It’s no wonder small-business truckers have left the state in droves to find better opportunities elsewhere. For OOIDA members, vehicle reliability and affordability are critical. So far, there is no convincing evidence that electric commercial motor vehicles are a viable option for small-business truckers given the high costs and inadequate charging infrastructure. Additionally, CARB's overreaching Omnibus NOx rules have already raised prices on new vehicles and increased maintenance costs for trucks currently on the road."

California steamin'

On the other side, those fighting for more emissions regulations and zero-emission vehicle adoption see this as a short-sided move to placate politicians' cronies.

“In a massive handout to special interests, the Senate today took a radical action that creates enormous policy uncertainty for the entire transportation industry,” asserted John Boesel, Calstart president and CEO. “This move concedes the industries of the future to global competitors, will increase air pollution, accelerate global warming, and result in significant job loss."

"It is a brazen, yet futile, attempt to bring the clean transportation industry to a sudden halt,” he continued.

CARB Chair Liane Randolph also strenuously objected to California's loss of special status.

“California profoundly disagrees with today's unconstitutional, illegal, and foolish vote attempting to undermine critical clean air protections," she said. "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."

The courts will ultimately have to decide the constitutionality of the resolutions, and public opinion will determine if tightening or loosening emissions regulations are best for America. But for now, one thing is certain: trucking fleets stressing over how to afford and deploy electric trucks and charging infrastructure at scale can breathe a little easier for now.