Ricketts Introduces CRA Legislation to Overturn California’s EV Mandate
WASHINGTON, D.C. – U.S. Senator Pete Ricketts (R-NE) introduced a Congressional Review Act (CRA) resolution to overturn a burdensome Environmental Protection Agency (EPA) rule that has allowed California to impose its regulatory agenda on the rest of the nation.
The resolution would overturn the Advanced Clean Cars I (ACC I), a rule that allows California to impose vehicle emissions requirements stricter than federal standards, resulting in an unfair push towards electric vehicles across the nation.
“Biden’s overregulation and red tape regime cost Nebraskans millions of dollars,” said Senator Ricketts. “They used California policies as a backdoor EV mandate. They even tried to control how we cut our grass. I am proud to lead the effort to overturn these restrictions. We need to restore commonsense. I will continue to fight for policies that empower our families, farmers, and ranchers.”
Senator Ricketts was joined by Sens. Lummis (R-WY), Husted (R-OH), and Schmitt (R-MO) in introducing a total of four joint resolutions disapproving of the Biden Administration’s EPA overreach. The four resolutions target the Advanced Clean Cars I program, CARB’s small off-road engine (SORE) mandate, the 2013 Advanced Clean Car Program waiver, and the 2009 waiver that first allowed California to regulate vehicle greenhouse gas emissions.
American Fuel & Petrochemical Manufacturers (AFPM), American Petroleum Institute (API), Americans for Prosperity, and The LIBRE Initiative support this resolution.
“We applaud Senator Ricketts for his leadership in this coordinated effort to stop California’s latest attempts to impose vehicle and engine mandates on consumers nationwide,” said Chet Thompson, American Fuel & Petrochemical Manufacturers (AFPM) President and CEO.“Congress already rejected California’s effort to force its vehicle policies on the rest of the country. Yet California continues looking for new ways to advance the same agenda. American families should not face higher costs or fewer choices because of policies imposed by a single state. Congress must pass these resolutions and reaffirm that California does not have the authority to dictate what types of cars and equipment are available to U.S. consumers.”
“API appreciates Senator Ricketts’ leadership in protecting consumer vehicle choice by advancing legislation to overturn California’s authority to enforce a de facto nationwide EV mandate,” said Kristin Whitman, API SVP of Government Relations. “California’s mandate should never have been authorized, and this CRA resolution is an important step toward preserving consumer choice and preventing California from dictating transportation policy for the rest of the country.”
“Senator Ricketts is working to end the waiver that allowed California’s stricter-than-federal vehicle emissions rules to become a de facto national standard,” said Brent Gardner, Chief Government Affairs Officer, Americans for Prosperity. “The Advanced Clean Cars I (ACC I) waiver, in place through model year 2025, is a major reason automakers shifted production toward electric vehicles regardless of what American consumers actually wanted to buy. Restoring one national standard puts consumers back in the driver’s seat and lets the market, not CARB, decide what the American auto industry builds.”
“Affordability is the number one issue for Latinos and Americans, and it should be top-of-mind issue for Congress,” said Sandra Benitez, Executive Director, The LIBRE Initiative. “For years, California has leveraged the Clean Air Act waiver process to set burdensome regulations on everything from vehicles, gas-powered equipment, and other products. The four Congressional Review Act resolutions led by Senators Ricketts, Husted, Schmitt, and Lummis restore Congressional oversight of this process. And we urge the Senate to pass all four to give American consumers the flexibility they deserve when purchasing goods.”
Background:
The Clean Air Act gave California a narrow carve-out to seek EPA waivers for emissions rules stricter than federal standards— a modest exception meant to address the state’s unique smog problem in the 1970s. California has since hijacked that carve-out, weaponizing its market share to force manufacturers nationwide to build to Sacramento’s rules or maintain separate production lines. An unelected state board now dictates national policy that Congress never approved and most Americans never voted for.
These four resolutions build on the precedent Congress set last year, when lawmakers used the CRA to strike down three other California power grabs — Advanced Clean Cars II, Advanced Clean Trucks, and the Omnibus NOx Rule. It’s time to finish the job and end California’s hijacking of national policy for good.
Advanced Clean Cars I (ACC I) CRA: This EPA rule allows California to impose vehicle emissions requirements stricter than federal standards for passenger vehicles through model year 2025. This has resulted in a push towards electric vehicles across the nation.
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Small Off-Road Engine (SORE) CRA: California has increasingly used its Clean Air Act waiver authority to adopt regulations with effects extending beyond the state’s borders. This CRA would overturn EPA’s waiver for California’s Small Off-Road Engine (SORE) rule, reversing the state’s phaseout of gas-powered small engines. As a result, products such as chainsaws, lawn mowers, and power washers would no longer be required to transition to zero-emission technology.
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ACC I Reconsideration CRA: In 2022, the Biden EPA reinstated California’s Clean Air Act waiver for its Advanced Clean Cars (ACC I) program after the Trump administration had revoked it, restoring the state’s authority to enforce its greenhouse gas emissions and zero-emission vehicle (ZEV) sales requirements for model years 2017–2025. This resolution would disapprove the 2022 EPA rule reinstating the ACC I waiver.
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California State Motor Vehicle Control Standards CRA: In 2009, the Obama EPA granted California a Clean Air Act waiver allowing the state to regulate greenhouse gas (GHG) emissions from vehicles as pollutants California may regulate, creating a pathway for California’s standards to influence national vehicle regulations without new legislation from Congress. That waiver underpinned several subsequent federal vehicle emissions regulations, including those addressed in other CRAs. This resolution would disapprove the 2009 waiver and prohibit EPA from issuing substantially similar waivers in the future.
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