Preserving Choice in Vehicle Purchases Act
Preserving Choice in Vehicle Purchases Act would amend the Clean Air Act to shield the sale of internal combustion engine (ICE) vehicles from state regulations that aim to ban or limit them. Specifically, it adds a new prohibition to the state-emission-waiver framework (Section 209(b)) so that state standards that directly or indirectly limit the sale or use of new ICE vehicles would be outside the scope of how waivers are granted. It also directs the Environmental Protection Agency (EPA) to revoke any existing waivers if they do not meet this new standard, and it prevents the EPA from treating post-enactment state standards as eligible for a 209(b) waiver. In short, the bill is designed to maintain consumer choice by making it harder for states to adopt regulations that phase out or restrict ICE vehicle sales.
Key Points
- 1Amends Section 209(b) of the Clean Air Act to add a new disqualifying criterion: state standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines would be excluded from waiver consideration.
- 2The ICE definition used for this prohibition references the definition in 40 CFR 63.9375 (as of January 1, 2023) to determine what counts as an internal combustion engine.
- 3The Administrator may not determine that post-enactment state standards fall within the scope of a waiver granted before enactment, effectively restricting waivers for newer ICE-eliminating standards.
- 4Revoke existing waivers: EPA would revoke any waiver granted under Section 209(b) during January 1, 2022, through the enactment date if that waiver does not comply with the new subparagraph prohibiting ICE-sale/ICE-use restrictions.
- 5Overall aim: preserve consumer choice in vehicle purchases by limiting state efforts to ban or phase out ICE vehicle sales through federal waiver mechanisms.