Preserving Choice in Vehicle Purchases Act
- Sponsor
- Rep. Joyce, John [R-PA-13]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jan 13, 2025
Bottom line
The bill aims to prevent states from phasing out gasoline-powered vehicles by restricting the EPA's authority to approve state-level regulations that would ban or effectively limit internal combustion engine sales.
What it actually does
This bill amends Section 209(b) of the Clean Air Act to prohibit the Environmental Protection Agency (EPA) from granting waivers to states for vehicle emission standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines. It also mandates the EPA to revoke any such waivers granted between January 1, 2022, and the bill's enactment date if they do not comply with this new prohibition.
Proponents argue
Proponents argue this bill preserves consumer choice by ensuring gasoline-powered vehicles remain available, protects the automotive industry and related jobs from potentially costly state mandates, and prevents a fragmented national market. They emphasize individual freedom and economic stability, asserting that the market, not government regulation, should drive vehicle technology transitions.
Opponents contend
Opponents contend this bill undermines states' rights to address air pollution and climate change, stifles innovation in electric vehicle technology, and could hinder efforts to improve public health and reduce greenhouse gas emissions. They argue it prioritizes fossil fuel interests over environmental protection and the long-term benefits of vehicle electrification.
The bill text is very short and easily digestible, allowing ample time for a thorough evaluation of its implications.
Section 2(a)(1) of the bill, amending 42 U.S.C. 7543(b)(1)
Prohibition on State Standards Limiting Internal Combustion Engine Sales
This provision adds a new condition under which the EPA Administrator cannot grant a waiver to a state (like California) to enforce its own vehicle emission standards. Specifically, if a state's standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines (as defined in 40 CFR 63.9375 as of Jan 1, 2023), the EPA cannot grant that state a waiver. This effectively prevents states from implementing bans or phase-outs of gasoline-powered cars.
Supporters argue
Supporters argue this provision protects consumer freedom by ensuring gasoline-powered vehicles remain available, prevents states from imposing costly and potentially unpopular mandates, and supports the existing automotive industry and its workforce. They also contend it prevents a patchwork of state regulations that complicate manufacturing and sales.
Critics contend
Opponents argue this provision undermines states' rights to address local air quality and climate goals, slows the transition to cleaner transportation, and could stifle innovation in the electric vehicle market. They contend it prioritizes fossil fuel interests over public health and environmental protection.
Tradeoffs
The provision balances states' rights to regulate environmental issues against the desire for a uniform national market and consumer choice in vehicle purchases. It also weighs the economic interests of the traditional automotive industry against the environmental benefits of accelerating EV adoption.
Section 2(b) of the bill
Retroactive Revocation of Non-Compliant Waivers
This provision mandates that the EPA Administrator revoke any waiver granted between January 1, 2022, and the bill's enactment date if that waiver does not comply with the new prohibition on limiting internal combustion engine sales. This means waivers previously granted to states for standards that effectively ban or phase out gasoline cars would be rescinded.
The definition of "internal combustion engines" is referenced as "section 63.9375 of title 40, Code of Federal Regulations, as in effect on January 1, 2023."
Section 2(a)(1)(D)
Why it matters:This is standard legislative practice to incorporate existing regulatory definitions by reference, ensuring legal precision without reprinting lengthy definitions. It is not evasive.
Case for: Referencing an existing, specific definition ensures clarity and avoids ambiguity regarding what constitutes an "internal combustion engine" for the purposes of this Act. It locks in a definition from a specific date, preventing future regulatory changes to that definition from altering the scope of this bill.
Case against: Critics might argue that tying the definition to a specific past date (January 1, 2023) could make the bill less adaptable to future technological advancements or evolving regulatory frameworks, potentially creating unforeseen loopholes or unintended consequences if engine technology significantly changes.
Estimated impact: This precise definition ensures the scope of the bill's prohibition is clear, affecting all vehicles falling under that technical classification.