Repeal of 2035 Gas Car Ban Mandate Hangs in Balance in U.S. Senate

“The only thing that’s changed is that big polluters and the right-wing propaganda machine have succeeded in buying off the Republican Party – and now the House is using a tactic that the Senate’s own parliamentarian has said is lawless. Our vehicles program helps clean the air for all Californians, and we’ll continue defending it. Washington may want to cede our economy to China but California is standing by American innovation.”

A critical Senate vote

However, California lawmakers face an uphill battle. The GOP holds a slim 53-47 majority in the Senate and, if the House vote is any indication, some Democratic Senators may be willing to cross over as well, especially those representing states who rely more on gas-powered vehicles. While at least one GOP Senator, Shelley Moore Capito (R-WV), has shown support for the GAO and Parliamentarian rulings, the overall GOP majority, Democratic crossovers and Vice President JD Vance holding the tiebreaker in the Senate push the odds in favor of a Senate EPA waiver repeal.

“There aren’t many senators who feel Elizabeth is right and feel confident in her decision,” explained Senator Kevin Cramer (R-ND). “The Environment and Public Works Committee had a lengthy discussion on the issue at a lunch before the chamber’s two-week April recess and came away feeling good. I really like our chances.”

“[Republicans] are exploring our options about how they could vote to roll back the waivers,” added Senate Majority Leader John Thune (R-SD). “Because it’s somewhat unprecedented, I think we’re looking at all the implications around it to see what options are available.”

With a Senate vote in favor of the repeal likely, and President Donald Trump saying that he would sign off on the repeal and end the 2035 mandate federally, Californian lawmakers are looking at legal action as a last ditch effort to stop the elimination of the mandate should it move forward.

“The Congressional Review Act was designed to provide a mechanism for congressional oversight of new rules by federal agencies – not for partisan attacks on duly-adopted state laws,” said Attorney General Rob Bonta in a statement. “Not only would the misuse of the CRA undermine the integrity of our democratic process, but it would also be unlawful. For more than 50 years, California has exercised its right under the federal Clean Air Act to pursue solutions that address the persistent air pollution challenges that our state faces. Reducing emissions is essential to the prosperity, health, and wellbeing of California and its families. We are monitoring the situation closely, and we urge the U.S. Senate to abide by the determinations of the GAO and Senate Parliamentarian that these CRA resolutions should not proceed.”

However, with the Senate decision still the best chance for 2035 mandate supporters to stop the repeal, and consumer and automotive groups like the Alliance for Automotive Innovation (AAI) saying that a repeal is needed now to avoid major damage in the industry, the next vote will prove to be the most crucial and could almost single-handedly erase a mandate that has ramping up since the beginning of the decade. And for the auto industry it is especially crucial as the first major electric-gas ratio benchmark – 35% of all cars sold being electric cars – is set for next year.