Preserving Choice in Vehicle Purchases Act of 2025
- Sponsor
- Sen. Mullin, Markwayne [R-OK]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Mar 12, 2025
Bottom line
The bill aims to preserve consumer access to internal combustion engine vehicles by curtailing states' ability to set stricter emission standards that could lead to their phase-out.
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 internal combustion engine vehicles. It also requires the EPA to revoke any such waivers granted between January 1, 2022, and the bill's enactment date, effectively preventing states from banning or phasing out gasoline-powered cars.
Proponents argue
Proponents argue that the bill protects consumer choice, prevents states from imposing costly mandates on vehicle purchases, and ensures a diverse automotive market. They contend that restricting the sale of internal combustion engines could disproportionately affect lower-income consumers and those in rural areas who rely on such vehicles, while also potentially straining the electric grid and charging infrastructure.
Opponents contend
Opponents argue that the bill undermines states' rights to address air pollution and climate change through stricter vehicle emission standards, which are crucial for public health and environmental protection. They contend that it would slow the transition to cleaner electric vehicles, hinder innovation, and prevent states from achieving their environmental goals, ultimately benefiting fossil fuel industries over public welfare.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions quickly.
Section 2(a)(1)(D)
Restriction on EPA Waivers for State ICE Vehicle Bans
This provision amends the Clean Air Act to prevent the Environmental Protection Agency (EPA) from granting waivers to states that wish to implement vehicle emission standards which would, either directly or indirectly, limit or prohibit the sale or use of new motor vehicles equipped with internal combustion engines. This means states like California, which often seek such waivers to set stricter standards, would be unable to do so if their standards effectively ban gasoline-powered cars.
Supporters argue
Supporters argue this provision upholds consumer freedom by ensuring gasoline-powered vehicles remain available for purchase nationwide, preventing states from dictating vehicle choices. They also suggest it protects the automotive industry from fragmented regulatory landscapes that could increase costs and complexity.
Critics contend
Opponents contend this provision is a federal overreach that strips states of their sovereign right to enact environmental protections tailored to their specific needs and climate goals. They argue it would slow the transition to cleaner transportation and undermine efforts to improve air quality and public health.
Tradeoffs
The provision balances states' rights to regulate environmental standards against consumer choice and the desire for a uniform national automotive market. It also highlights the tension between accelerating climate action and maintaining the current automotive infrastructure and consumer preferences.
Section 2(a)(2) and 2(b)
Retroactive Revocation and Future Waiver Scope Limitations
This part of the bill has two effects. First, it clarifies that any state standard amended after the bill's enactment cannot automatically fall under the scope of a waiver granted before this bill became law. Second, it mandates the EPA Administrator to review and revoke any waivers granted between January 1, 2022, and the bill's enactment date if those waivers violate the new prohibition against limiting ICE vehicle sales. This targets recent state actions, particularly California's Advanced Clean Cars II rule.
The bill defines "internal combustion engines" by referencing a specific section of the Code of Federal Regulations (40 CFR 63.9375) as it existed on January 1, 2023. This specific reference locks in a definition from a particular point in time, preventing future regulatory changes to that definition from altering the scope of this bill.
Section 2(a)(1)(D) references "section 63.9375 of title 40, Code of Federal Regulations (as in effect on January 1, 2023))"
Why it matters:Referencing existing regulations is standard legislative practice for brevity and to avoid redefining established terms. However, specifying "as in effect on January 1, 2023" is a deliberate choice to prevent future regulatory updates to 40 CFR 63.9375 from changing the bill's meaning, which can be seen as a way to future-proof the bill against administrative actions.
Case for: Supporters would argue that fixing the definition to a specific date provides regulatory certainty and prevents administrative agencies from unilaterally altering the scope of the law through definitional changes.
Case against: Critics might argue that locking in a definition from a specific date could make the law inflexible and unable to adapt to future technological advancements or evolving understanding of engine types, potentially leading to unintended consequences or requiring future legislative fixes.
Estimated impact: Ensures consistency in the interpretation of "internal combustion engine" for the purposes of this bill, potentially avoiding future disputes over definitional scope.