Preserving Choice in Vehicle Purchases Act
This bill modifies the waiver process under the Clean Air Act related to state emission control standards for new motor vehicles (or new motor vehicle engines).
Under current law, states are preempted from adopting or enforcing emission control standards for new motor vehicles (or new motor vehicle engines) unless the Environmental Protection Agency (EPA) provides a waiver authorizing a state to adopt such standards if certain requirements are met.
The bill provides that state standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines are not eligible for waivers. The bill also prohibits the EPA from determining that any state standards amended after the bill's enactment are within the scope of an existing waiver.
Additionally, the bill requires the EPA to revoke waivers granted between January 1, 2022, and the date of enactment of this bill if the standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1435 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1435
To amend the Clean Air Act to prevent the elimination of the sale of
internal combustion engines.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2023
Mr. Joyce of Pennsylvania (for himself, Mr. Latta, Mr. Bilirakis, Mr.
Obernolte, Mr. Emmer, Ms. Stefanik, Mr. Curtis, Mr. Posey, Mr.
Balderson, Mr. Reschenthaler, Mr. Pfluger, Mr. Roy, Mr. Miller of Ohio,
Ms. Van Duyne, Mr. Finstad, Mr. Nehls, Mr. Mast, Mr. Pence, Mr.
Wittman, Mr. Gooden of Texas, Mr. Armstrong, Mr. Johnson of Ohio, Mr.
Jackson of Texas, Mr. Issa, Mrs. Boebert, Mr. Guest, Mr. Ellzey, Mr.
Weber of Texas, Mr. Smith of New Jersey, Mr. Higgins of Louisiana, Mr.
Hudson, Mr. Crenshaw, Mr. Carter of Georgia, Mr. Smith of Missouri, Mr.
Bost, Mrs. Harshbarger, Mr. Feenstra, Mr. Williams of Texas, Mr.
Donalds, Mr. Owens, Mr. Walberg, Mrs. Miller-Meeks, Mr. Austin Scott of
Georgia, Mr. Griffith, Mr. McCormick, Mrs. Bice, Mr. Stauber, Mr.
Allen, Mr. LaMalfa, Mr. Hern, Mr. Kelly of Pennsylvania, Mr. LaTurner,
Mr. Duncan, Mr. Turner, Mr. Burgess, Mr. Wenstrup, Mr. Mann, Mr.
Smucker, Mr. Perry, and Mr. Carey) introduced the following bill; which
was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to prevent the elimination of the sale of
internal combustion engines.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Choice in Vehicle
Purchases Act''.
SEC. 2. STATE STANDARDS.
(a) Amendments.--Section 209(b) of the Clean Air Act (42 U.S.C.
7543(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the ``or'' at
the end;
(B) in subparagraph (C), by striking ``part.'' and
inserting ``part, or''; and
(C) by adding at the end the following:
``(D) such State standards directly or indirectly limit the
sale or use of new motor vehicles with internal combustion
engines, as such term is defined in section 63.9375 of title
40, Code of Federal Regulations, as in effect January 1,
2023.''; and
(2) by adding at the end the following:
``(4) The Administrator may not determine that any State standards
amended after the date of enactment of this paragraph are within the
scope of a waiver granted under paragraph (1) before the date of
enactment of this paragraph.''.
(b) Effect on Certain Existing Waivers.--The Administrator of the
Environmental Protection Agency shall revoke a waiver granted under
section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)) during the
period that begins on January 1, 2022, and ends on the date of
enactment of this Act if the Administrator finds that such waiver does
not comply with subparagraph (D) of section 209(b)(1) of the Clean Air
Act (42 U.S.C. 7543(b)(1)), as added by this Act.
<all>
Subcommittee Consideration and Mark-up Session Held
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 22.
Reported by the Committee on Energy and Commerce. H. Rept. 118-169.
Reported by the Committee on Energy and Commerce. H. Rept. 118-169.
Placed on the Union Calendar, Calendar No. 133.
Rules Committee Resolution H. Res. 680 Reported to House. Rule provides for consideration of H.R. 1435 and H.R. 4365. The resolution provides for consideration of H.R. 1435 under a closed rule and H.R. 4365 under a structured rule. The rule provides for one hour of general debate on each measure with one motion to recommit allowed.
Rules Committee Resolution H. Res. 681 Reported to House. Rule provides for consideration of H.R. 1435 with 1 hour of general debate. Motion to recommit allowed. Bill is closed to amendments.
Rule H. Res. 681 passed House.
Considered under the provisions of rule H. Res. 681. (consideration: CR H4318-4328)
Rule provides for consideration of H.R. 1435 with 1 hour of general debate. Motion to recommit allowed. Bill is closed to amendments.
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DEBATE - The House proceeded with one hour of debate on H.R. 1435.
The previous question was ordered pursuant to the rule.
Mr. Levin moved to recommit to the Committee on Energy and Commerce. (text: CR H4326)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 193 - 212 (Roll no. 390).
Roll Call #390 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 222 - 190 (Roll no. 391). (text: CR H4318)
Roll Call #391 (House)On passage Passed by the Yeas and Nays: 222 - 190 (Roll no. 391). (text: CR H4318)
Roll Call #391 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.