Tractor-trailers and other vehicles on the Oklahoma Turnpike. Markwayne Mullin, a U.S. senator from the state, says, “California’s waivers are not about clean energy, they are about control.” (Oklahoma Turnpike Authority)

Legislation that would restrict the federal government from permitting states to limit sales of vehicles with internal combustion engines was recently introduced in the U.S. Senate.

The Preserving Choice in Vehicle Purchases Act, from lead sponsor Sen. Markwayne Mullin (R-Okla.), would limit the U.S. Environmental Protection Agency’s issuance of Clean Air Act waivers relating to the sale or use of new motor vehicles equipped with ICE power. Per the bill, the legislation aims to “prevent the elimination of the sale of motor vehicles with internal combustion engines.”

Backers argue that the measure is a response to the California Air Resources Board’s emissions agenda, which they claim could pave the way to an eventual ban on the sale of new ICE vehicles. Specifically, California regulators are requiring manufacturers to sell only zero-emission trucks in the state beginning with the 2036 model year. Certain federal waivers are required for California regulators’ overall vision to proceed.

Co-sponsors include Republican Sens. John Barrasso of Wyoming, Ted Cruz of Texas, Roger Wicker of Mississippi and Shelley Moore Capito of West Virginia.

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Markwayne Mullin

Mullin 

“California’s waivers are not about clean energy, they are about control,” Mullin, a member of the Appropriations Committee, said March 13.

“For four years, Washington Democrats worked to overregulate every aspect of Americans’ lives — including what car they drive. Now that President [Donald] Trump is back in office, it’s critical we protect Americans’ freedom to choose what vehicle is best for themselves and their families and allow consumer choice to dictate the market,” the Oklahoma Republican continued. “Capitalism has already proven that internal combustion engine vehicles represent the overwhelming majority of vehicle purchases in America. I will not sit back and allow the federal government to make purchasing choices for consumers in Oklahoma.”

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Rep. John Joyce (R-Pa.), an Energy and Commerce Committee member, is leading the bill’s efforts in the House. “The decision on what vehicle a family buys should be based on the choice of the consumer — not an unelected bureaucrat,” Joyce said in January. “Even with one foot out the door, the Biden administration has decided to allow one state to set national policy, limiting the consumer choice for Americans to favor unaffordable electric vehicles.”

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Stakeholders endorsing the bill include American Trucking Associations.

“Sixty trucks today emit the same amount as one truck manufactured just a few decades ago. This tremendous progress in lowering emissions and improving environmental performance was made possible by our industry working collaboratively to develop achievable benchmarks,” ATA Chief Advocacy and Public Affairs Officer Ed Gilroy said in a statement that accompanied the bill’s introduction. “A patchwork of unrealistic, one-size-fits-all electric-truck mandates threatens to undo this success and raise costs for consumers. We commend Sen. Mullin for leading the effort to take the keys away from California, which is setting impossible timelines and forcing motor carriers to purchase expensive, untested equipment.

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“ATA looks forward to working with Sen. Mullin, other champions in Congress, the new administration and EPA Administrator [Lee] Zeldin to set common-sense national emission standards that are technologically feasible, encourage innovation, and account for the operational realities of our essential industry.”

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“There are faster, less restrictive and more affordable ways to cut emissions through a range of technologies without limiting consumer options,” added Kristin Whitman, senior vice president with the American Petroleum Institute.

Both the House and Senate bills await committee consideration. Previous versions never advanced to President Joe Biden’s desk.

Relatedly, the EPA this month announced it is reopening its Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles rules and its Heavy-Duty Nitrous Oxide rule as part of the Trump administration’s comprehensive review of the Biden-era Clean Trucks Plan.