Dealer associations celebrate Senate’s vote to overturn Calif. gas-car sales ban

Sen. Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, led the efforts to overturn California's strict emissions requirements. Photo by Joshua Sukoff/Shutterstock.com.
California’s zero-emission vehicle mandate is on the verge of disappearing.
The U.S. Senate on Thursday voted 51-44 to revoke the waiver allowing California to enforce its Advanced Clean Cars II program, which requires all new cars sold in the state to be ZEVs — effectively banning the sale of new gas-powered vehicles — by 2035.
The joint resolution, which passed the House on May 1, now goes to President Trump, who is expected to sign it into law.
The waiver, granted by the Environmental Protection Agency in the final days of the Biden Administration, permitted California to adopt stricter emissions standards than the national regulations and allowed other states to adopt the California rules, 11 of which have done so.
Car dealer associations have congratulated the Senate for its action.
“NADA applauds the Senate for its passage of legislation that stops California regulators from banning gas and hybrid vehicles in 12 states,” the National Automobile Dealers Association said in a statement. “This unrealistic mandate, coupled with an insufficient and unreliable charging infrastructure, would have drastically reduced consumer choice and raised prices for new and used cars and trucks for all Americans.”
“America’s franchised dealers commend Senators Shelley Moore Capito (R-W.V.), Majority Leader John Thune (R-S.D.) and John Barrasso (R-Wyo.) for their leadership stopping the harmful California mandate and passing this pro-consumer legislation.”
American International Automobile Dealers Association president and CEO Cody Lusk agreed.
“The last thing consumers need right now are higher prices and fewer choices,” he said. “With its vote blocking California’s attempt to ban gas-powered engines, the Senate successfully defended the rights of all Americans to choose the vehicle that works for their specific commute, budget and climate.
“In a nation where availability of EV charging infrastructure varies greatly, it is crucial that Americans maintain access to a variety of engine types. The Senate has recognized the folly of a one-size-fits-all vehicle mandate and put an end to California’s bid to determine the fleet mix of our entire country. For that, America’s dealers are grateful.”
Unlike bills, which need 60 votes in the Senate to avoid a filibuster, the resolution was introduced under the Congressional Review Act, which allows Congress to overturn recently enacted rules by federal agencies with a simple majority vote.
Assuming it is signed by the President, the resolution is likely to be challenged in court, as the Government Accountability Office and the Senate parliamentarian issued opinions stating the waivers are not rules and are not subject to the CRA.