Here’s what you need to know:
- The U.S. Senate passed H.J. Res. 87 and 89 Thursday, which would revoke EPA waivers granted to California’s Air Resources Board (CARB) in 2024 for its low-NOx Omnibus and Advanced Clean Trucks rules.
- Trucking supports the revocation of both waivers, citing their negative impact on new truck sales and larger barriers facing future technology adoption.
- The votes clear the path for President Donald J. Trump to officially scrap the regulations, eliminating the Omnibus rule in California and ACT in four states where it is still in effect.
- CARB Chair Liane Randolph said the state will “pursue every available remedy to challenge these actions.”
The U.S. Senate took a monumental step toward ending California’s regulatory autonomy Thursday, approving two House resolutions that would revoke EPA waivers provided to the state during the Biden presidency for its Advanced Clean Trucks (ACT) and low-NOx Omnibus regulations — effectively ending the state’s bid to ban diesel trucks and force zero-emission vehicle (ZEV) adoption.
The Senate also voted earlier Thursday to revoke the state’s ZEV mandate for the automotive industry. The vote revoking the ACT waiver passed 51-45 and the vote revoking the Omnibus waiver passed 49-46. The vote on the automotive waiver passed 51-44.
The resolutions now make their way to President Donald J. Trump, who is expected to sign them as part of his regulatory rollback initiative.
California’s Air Resources Board was granted waivers for its ACT and Omnibus rules in 2024, and both regulations went into effect in the state last year. ACT required truck manufacturers to sell ZEVs as a growing percentage of their sales on a rising annual scale, while the Omnibus rule required a reduction in greenhouse gas emissions for new diesel engines that exceeded current national EPA standards.
[RELATED: Vermont, Oregon pause adoption of California emission regs]
Both regulations have been contentious since their implementation. The Omnibus rule was initially damaging to the California vehicle market as no CARB-compliant engines for Class 8 trucks were available for production when the rule was introduced. ACT also proved challenging, as it required dealers to sell ZEVs but, due the failure of California to earn a waiver for its complementary Advanced Clean Fleets (ACF) rule, did not require carriers to purchase them.
California’s ACF waiver request was formally withdrawn in January and the state announced a court settlement earlier this month with 17 states to abandon the regulation. The ACT and Omnibus rules were still in operation as of Thursday’s vote but their days appear numbered.
Two states that implemented the ACT in January have already walked back the regulation. Postponements have been seen across future ACT and Omnibus opt-in states as well.
Trucking has supported revocation of the waivers as they’ve made their way around Capitol Hill.
American Truck Dealers’ President Jacqueline Gelb sent letters in support of the resolutions to members in both chambers of Congress.
“America’s small business truck dealers want to sell trucks that their customers want to buy, and those trucks must be affordable and fit their customers’ needs. A one-size-fits-all ZEV mandate that restricts then bans the sale of diesel trucks would reduce customer choice without an affordable replacement and could have unintended consequences for the supply chain and the economy,” Gelb wrote to Senators Wednesday.
After the votes Thursday she added, “The importance of these critical votes cannot be overstated. California’s onerous regulations have upended the trucking industry in CARB states through rationing of diesel trucks and forcing adoption of zero-emission technologies that don’t meet the performance and durability requirements for the industry. The industry has made great strides toward cleaner emissions, and without these mandates, it will continue to develop new technologies that reduce emissions and support the movement of our nation’s freight.”
The American Trucking Associations also supported the action, with President and Chris Spear saying after resolutions passed the House, “California should never be given the keys to set policies that impact our interstate supply chains.”
[RELATED: Dealer pessimism toward EVs grow even as deliveries rise]
Spear added Thursday, ”California is the breeding ground of all bad public policy, and it’s long past time that our nation’s leadership in Washington stop abdicating its responsibility to unelected, cubicle-dwelling bureaucrats in Sacramento who have no understanding of the real world and how it works.
“Today’s Senate action sends a resounding message nationwide that this is not the United States of California, nor will it ever be. We appreciate the leadership of President Trump, EPA Administration Zeldin, and leaders in Congress who listened to our concerns and acted decisively to reverse this destructive rulemaking, which would have decimated our industry and unleashed a torrent of economic pain on the American families and businesses that we serve.”
“While well-intended, California’s electric truck mandates were unworkable,” adds Josh Lovelace, national director of the Safe Roads Coalition. “By protecting access to combustion engines, Congress has ensured that America’s motoring public will continue to have access to reliable and affordable towing services.”
If President Trump formally revokes both waivers, California is expected to challenge the action in court.
The implication of Thursday’s votes also could reverberate beyond the vehicle world.
Republicans used Congressional Review Act to bring votes on the regulations to the floor despite reports by the Government Accountability Office (GAO) and Senate Parliamentarian Elizabeth MacDonough stating the EPA waivers were not subject to review law. Senate Majority Leader John Thune (R-S.D.) said Tuesday MacDonough’s ruling was made in deference to the GAO, which should not influence Senate activities.
“We need to act to ensure that this intrusion into the Congressional Review Act process doesn’t become a habit, and if the Senate doesn’t end up transferring its decision-making power on CRA resolutions to the Government Accountability Office,” he said.
CARB Chair Liane Randolph spoke out Thursday questioning the means to the votes.
“California profoundly disagrees with today's unconstitutional, illegal and foolish vote attempting to undermine critical clean air protections,” she said. “These actions are contrary to the text of the Congressional Review Act, as recognized by the nonpartisan U.S. Government Accountability Office and the Senate Parliamentarian.
“California will pursue every available remedy to challenge these actions and defend our right to protect the public from dangerous air pollution. Turning the clock back on both cleaner combustion engine requirements and zero-emission technology is an attack on clean air.”
