U.S. House Votes to Overturn California EV Mandate with National Implications
The United States House of Representatives voted 246-164 on House Joint Resolution 88, which would overturn California's Advanced Clean Cars (ACC) II Regulation. If left intact, ACC II will require that an increasing portion of light-duty vehicles sold in the state are zero-emission vehicles (ZEV), starting with 35 percent in 2026 and 100 percent by 2035.
The Government Accountability Office (GAO) - an independent federal agency that provides auditing, evaluative, and investigative services to the U.S. Congress - released a report revealing its opinion that Congress does not have the authority under the Congressional Review Act (CRA) to overturn ACC II. The U.S. Senate's parliamentarian agreed with that conclusion. Many Republicans argue that neither the GAO's nor the senate parliamentarian's views are legally binding, which allowed them to hold this vote.
In December, when Joe Biden was still President, the U.S. Environmental Protection Agency (EPA) granted California’s waiver request for ACC II. The federal Clean Air Act permits the EPA to grant waivers to California that allow it to set its own air pollutant emissions standards for new motor vehicles, and it allows states to adopt California's rules under certain conditions. So far, seventeen states and the District of Columbia have adopted California's rules to varying extents. These jurisdictions, including California, accounted for around 40 percent of new vehicle sales in the U.S. in 2023.
Under the Congressional Review Act, Congress can vote to overturn rules finalized by federal agencies. California and supporters of ACC II argue that a waiver doesn't qualify as a rule, and therefore is not subject to the Congressional Review Act. Those in favor of overturning California's waiver argue that a waiver qualifies as a rule. The GAO's report and the senate parliamentarian stated that waivers are not rules.
Click here to read H.J. Res. 88 in its entirety
Click here to find out how your U.S. Representative voted on H.J. Res. 88