Congress takes on California's scheduled gas car ban
California's push to phase out and ban sales of gas-powered vehicles by 2035 is facing a challenge from Congress as auto and energy industry critics question the plan's feasibility.
Republicans in Congress are attempting to overturn California's clean car rule that would ban the sales of gas-powered cars starting in 2035. The move has raised concerns about its practicality from automakers and the energy sector.
The U.S. House of Representatives on Thursday voted 246-164 on a GOP resolution to express congressional disapproval of California's Advanced Clean Cars II rule, which was first adopted in 2022 and establishes a minimum percentage of zero-emission cars that rises from 35% for the 2026 model year to 100% in 2035.
Before the Biden administration left office, it granted a Clean Air Act waiver to California in December to allow the rule to move forward. Democrat Gov. Gavin Newsom said at the time that "clean cars are here to stay" and added that "California can rise to the challenge of protecting our people by cleaning our air and cutting pollution."
The House resolution passed with the support of all 211 GOP lawmakers as well as 35 Democrats who crossed the aisle to vote in favor of blocking the rule, and it must pass the Senate and be signed into law by the president to take effect. However, Congress may ultimately be unable to block the law due to procedural issues.
The nonpartisan Government Accountability Office analyzed the issue and determined that the Biden administration's waiver for the new California policy isn't considered a rule that can be overturned under the Congressional Review Act. Similarly, the Senate's parliamentarian, who oversees the upper chamber's rules and procedures, also issued a ruling this month that the waiver isn't a rule subject to the CRA.
The possibility of the Senate being unable to block the rule has raised the prospect of the rule taking effect in the near future and has prompted criticism from some in the energy and auto industry.
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Phil Flynn, FOX Business Network contributor and Price Futures Group senior account executive, said in an interview that banning gas car sales in 2035 is "unachievable" and could "damage the economy further in California."
"The marketplace isn't ready for it. The electric cars are not ready for primetime anyway for mass usage," he added, noting a recent dip in consumer demand for EVs as well as challenges building charging infrastructure and strengthening the power grid to accommodate a surge in demand for electricity stemming from EVs.
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"I think what the Congress is trying to do is to stop California from going over the cliff, like stop this madness," Flynn said. "This is a disastrous policy, and hopefully they're going to turn back."
John Bozzella, president and CEO of the Alliance for Automotive Innovation, said in a statement that the House's vote to advance the resolution was a "welcome" action to "prevent the inevitable jobs and manufacturing fallout from these unachievable regulations. Regulations, by the way, that everyone agrees are way ahead of the consumer and charging infrastructure in this country."
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"Time is ticking," Bozzella added. "These EV sales requirements start in model year 2026 – right now for automakers. In a matter of months, automakers may be forced to adjust their vehicle shipments to dealers across the country to comply with the 'California' state EV mandates. Now is not the time to impose an additional government required shock on American car buyers."
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