Here’s what you need to know:
- California will officially retract its Advanced Clean Fleets (ACF) rule after court settlement.
- ACF rule had been in limbo after state regulators rescinded waiver request from EPA for rule in January.
- The settlement eliminates the medium- and heavy-duty zero-emission vehicle (ZEV) purchase mandate California intended to implement in 2036.
- Dealers in California and CARB opt-in states are still required to sell ZEVs as a portion of new vehicles sales, though that rule faces continued opposition.
California’s Advanced Clean Fleets (ACF) rule is dead.
The state’s Air Resources Board and Attorney General Rob Bonta proposed a settlement with Nebraska Attorney General Mike Hilgers and 16 other states Monday to rescind its ACF rule, ending a a six-month lawsuit and multi-year struggle between the trucking industry and state regulators around California’s plan to ban internal combustion engine (ICE) sales as part of the regulation in 2036.
California withdrew its request for an Environmental Protection Agency (EPA) waiver to enact its ACF rule in January when it was clear the outgoing Biden Administration and incoming Trump Administration would not grant it. CARB requires waiver approval from the EPA for all state regulations that differ from Federal rules.
In Monday’s court filing, California Attorney General Rob Bonta and CARB Executive Officer Steve Cliff stated that California “will not enforce the part of the Advanced Clean Fleets regulation requiring 100% zero-emission-vehicle [ZEV] sales in the medium- and heavy-duty categories beginning with model year 2036” and “will not take any enforcement action” around the rule.
[RELATED: ZEV adoption forecast amended down amid regulatory scuttle]
Hilgers told the Nebraska Examiner the settlement is a significant victory for the transportation and logistics industry in Nebraska and across the United States. “I am grateful for the strong coalition of sister states who joined our fight against this radical mandate,” he said.
Other states supporting the lawsuit were Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Utah, West Virginia and Wyoming.
Monday’s settlement continues a tough spring for California heavy truck regulation but does not totally end the state’s push for ZEV adoption.
The state’s Advanced Clean Trucks rule, which requires truck manufacturers to sell an increasing percentage of ZEVs among their annual sales, has come under fire this spring but still currently remains in effect in five states (California, Washington, Oregon, New York and New Jersey). ACT has been painful for truck dealers in opt-in states where orders have crashed due to a lack of ZEV demand.
The U.S. House of Representatives recently voted for its repeal, while opt-in states Massachusetts and Maryland delayed enforcement of the rule last month. CARB’s low-NOx Omnibus rule requiring lower than EPA emissions levels also was voted for repeal by the House. Both repeals must pass the Senate and be signed by President Donald Trump to be finalized.
