U.S. Senate Follows U.S House in Voting to Overturn California EV Mandate
The United States Senate followed the U.S. House of Representatives and voted 51-44 to pass House Joint Resolution 88, which would overturn California's Advanced Clean Cars (ACC) II Regulation. Senator Elissa Slotkin (D-MI) was the only Democrat to vote in favor of the legislation. It passed on a more bipartisan 246-164 vote in the House. It now awaits action from President Trump, who is expected to sign it into law.
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.
Even if President Trump signs H.J. Res. 88, it might not become law immediately due to expected legal challenges. The U.S. Senate's parliamentarian ruled that Congress does not have the authority to overturn ACC II under the Congressional Review Act (CRA). Many Republicans argue that the senate parliamentarian's views are not 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.
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