According to the Texas Public Policy Foundation, the requirement in California for all vehicles sold in the state to be zero-emission by 2035 is deemed illegal. In order to enforce this rule, the state needs to seek a waiver from the EPA for each emissions standard that surpasses federal requirements. Typically, California waivers are approved, as seen in the past when the Obama administration’s EPA granted a waiver that was initially denied during the George W. Bush administration in 2008.
California governor Gavin Newsom has signed an executive order mandating that all passenger cars, trucks, and drayage trucks sold in the state must be 100% zero-emission by 2035. Drayage trucks, which are typically used for transporting goods between ports and their destinations, are included in this directive. Furthermore, the order also stipulates that heavy-duty vehicles should be zero-emission by 2045, as long as it is feasible. It is important to note that as an executive order, this policy could potentially be reversed by Newsom or a future governor at any given time.
According to the Texas Public Policy Foundation (TPPF), they conducted research that reveals electric vehicle (EV) subsidies amounting to $48,698 per EV. TPPF argues that the Environmental Protection Agency (EPA) does not possess the authority to grant the California Air Resources Board (CARB) the power to enforce this regulation. Additionally, TPPF claims that CARB failed to take into account the emissions produced throughout the entire lifecycle of zero-emission vehicles, including those generated during battery production, rather than solely focusing on tailpipe emissions.
According to TPFF, studies have shown that renewable diesel and hydrogen have the potential to significantly reduce emissions from heavy-duty vehicles. For instance, renewable diesel could decrease emissions to just 32.7% of what a standard diesel truck engine emits. Similarly, solar-powered hydrogen could bring emissions down to a mere 8.8% of the baseline diesel CO2 emissions.
According to TPFF, the California Environmental Quality Act mandates that CARB must consider alternatives to its regulatory proposals. TPFF argues that CARB did not adequately address the environmental consequences of ZEVs and failed to conduct a proper analysis of alternatives to the Advanced Clean Cars II regulations. TPFF also asserts that the EPA lacks the authority to grant California a waiver for mobile source electrification without clear congressional authorization.
California faced severe smog issues, particularly in the Los Angeles area, due to transportation-related pollution. The state was granted EPA waivers to address its specific air quality challenges. In 2008, California aimed to extend its air quality regulations to include greenhouse gas emissions. Initially, the Bush II administration denied the waiver, but it was later approved by the Obama administration. However, the Trump EPA revoked California’s waiver to regulate greenhouse gas emissions in 2019. This decision faced legal challenges and was ultimately reversed by the Biden EPA in 2021.
