Congress is one step closer to barring California from enforcing its own emissions standards and banning sales of gas-powered vehicles by 2035.

The House passed Joint Resolutions 87, 88, and 89 last week, which include scrapping the phase-out. Under Gov. Gavin Newsom’s plan, plug-in hybrids and used gas cars can still be sold.

In December, the EPA granted the California Air Resources Board (CARB)’s requested waiver to implement and enforce its Advanced Clean Cars II (ACC II) regulations for light-duty vehicles to mandate that all new passenger cars, trucks, and SUVs sold in California be zero emissions by 2035.

Under the Clean Air Act, California can adopt emissions requirements independent of EPA regulations to meet its air quality challenges. The state must seek a waiver from the EPA for new motor vehicle emission standards. Other states can also adopt the regulations. In a recent interview with WHYY News, new Delaware Gov. Matt Meyer said he plans to eliminate the previous administration’s electric vehicle sales regulation, and other states are backing out as well.

The regulations will rapidly scale down light-duty passenger car, pickup truck, and SUV emissions starting with the 2026 model year through 2035, according to CARB.

CARB projects that the ACC II program will reduce smog and soot-causing pollutants, including fine particulate matter (PM2.5) as well as oxides of nitrogen (NOx) and hydrocarbons (HC), which are precursors of ground-level ozone, as well as reduce greenhouse gases and toxic air pollutants.

In a Dec. 11 memo, Auto Innovators said it would “take a miracle” for major automakers to meet the zero-emission vehicle (ZEV) mandates in California and 11 other states that have adopted the ACC II program. In January, in response to President Donald Trump’s termination of state emission waivers, Auto Innovators President and CEO John Bozzella said, “The country should have a single, national standard to reduce carbon in transportation.”

The House also voted 231-191 last week on House Joint Resolution 87 to nullify other California emissions regulations, including motor vehicle and engine pollution control standards and advanced clean trucks.

The effort to block the rules is being backed by the Congressional Review Act, a law aimed at improving congressional oversight of actions by federal agencies. In 2019, the Trump administration revoked California’s emissions standards. Former President Joe Biden later restored the authority.

Rep. Morgan Griffith (R-VA-09) spoke to the House in support of the resolutions, saying a patchwork of states following California’s emissions standards causes the trucking industry to follow California’s regulations so as to be consistent with other states.

“What makes these California rules have such an outsized impact on the rest of the country is that under Section 177 of the Clean Air Act, other states can opt into the California standard, so not only does California dominate because of its sheer size, but when a handful of other states opt in, the California standard becomes the defacto national standard for the United States,” Griffith said.

According to the Associated Press, Griffith and Brett Guthrie (R-KY-02) said, “The passage of these resolutions is a victory for Americans who will not be forced into purchasing costly EVs because of California’s unworkable mandates. If not repealed, the California waivers would lead to higher prices for both new and used vehicles, increase our reliance on China, and strain our electric grid.”

Rep. Frank Pallone, Jr. (D-NJ-06) called the three resolutions a waste of time.

“They’re going nowhere, and that’s because both the Government Accountability Office and the Senate Parliamentarian have determined that Congress cannot nullify these waivers using the Congressional Review Act,” he said. “These resolutions are nothing more than a ploy to basically distract hardworking Americans from the fact that President Trump is single-handedly destroying our economy and driving up costs for American families, including on vehicles.”

The resolutions haven’t been voted on in the Senate.

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