Washington, D.C. – Today, U.S. Senator Markwayne Mullin (R-OK) reintroduced the Preserving Choice in Vehicle Purchases Act to limit the Environmental Protection Agency (EPA) from issuing Clean Air Act (CAA) waivers for state policies seeking to ban or otherwise limit the sale of internal combustion engines. This legislation would preserve consumer choice and maintain competition in the automotive markets by ensuring Americans have access to reliable and affordable vehicles.
In August 2022, the California Air Resources Board (CARB) adopted its Advanced Clean Cars II (ACCII) regulation requiring all model year (MY) vehicle sales to qualify as “zero emission” by 2035, but could not enforce it until EPA granted approval on the California waiver. In December 2024, Biden’s EPA approved California’s ACCII waiver to ban the sale of all conventional gasoline-powered cars by 2035. Currently, 12 additional states and D.C. have adopted California’s ACCII regulations.
U.S. Senators John Barrasso (R-WY), Ted Cruz (R-TX), Kevin Cramer (R-ND), Dan Sullivan (R-AK), Roger Wicker (R-MS), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), Mike Lee (R-UT), Mike Crapo (R-ID), Ted Budd (R-NC), Pete Ricketts (R-NE), Roger Marshall (R-KS), Steve Daines (R-MT), Katie Britt (R-AL), Jim Risch (R-ID), Jim Justice (R-WV), Cynthia Lummis (R-WY), Rick Scott (R-FL), and John Hoeven (R-ND)joined Mullin in cosponsoring this legislation.
“California’s waivers are not about clean energy, they are about control,” said Sen. Mullin. “For four years, Washington Democrats worked to overregulate every aspect of Americans’ lives – including what car they drive. Now that President Trump is back in office, it’s critical we protect Americans’ freedom to choose what vehicle is best for themselves and their families and allow consumer choice to dictate the market. Capitalism has already proven that internal combustion engine vehicles represent the overwhelming majority of vehicle purchases in America. I will not sit back and allow the federal government to make purchasing choices for consumers in Oklahoma.”
The Preserving Choice in Vehicles Act is endorsed by the following stakeholders: American Trucking Association (ATA), Western Energy Alliance, American Energy Alliance, American Farm Bureau Federation (AFBF), National Association of Small Trucking Companies (NASTC), Owner-Operator Independent Drivers Association (OOIDA), National Automobile Dealers Association, National Propane Gas Association (NPGA), American Petroleum Institute (API), American Fuel and Petrochemical Manufacturers (AFPM), American Exploration & Production Council (AXPC), Specialty Equipment Market Association (SEMA), American Motorcyclist Association (AMA), Tire Industry Association, Oklahoma Farm Bureau (OFB), Permian Basin Petroleum Association (PBPA), Williams, Devon Energy, Petroleum Alliance of Oklahoma, Oklahoma Pork Council, CVR Energy, and ASAP Energy.
Click here for bill text.
“Oklahoma Farm Bureau applauds Sen. Markwayne Mullin for his effort to protect the use of gasoline- and diesel-powered motor vehicles through the Preserving Choice in Vehicle Purchases Act. This measure will not only ensure American agriculture producers will continue to have access to affordable, reliable transportation methods but will also protect our nation’s food supply from overburdensome transportation costs that could eventually be felt by the consumer at the grocery store,” said Rodd Moesel, President of Oklahoma Farm Bureau.
“The Tire Industry Association (TIA) strongly supports Senator Mullin’s bill on preserving vehicle choice, as it is vital to ensuring consumer freedom, protecting small businesses, and maintaining a competitive marketplace. This legislation safeguards access to a full range of vehicles that meet the diverse needs of American drivers, from personal transportation to commercial and industrial applications. It also helps prevent regulatory overreach that could drive up costs, limit options for businesses, and disrupt industries that depend on reliable vehicle availability,” said Roy Littlefield IV, VP of Government Affairs of TIA.
PBPA and its members greatly appreciate Senator Mullin’s leadership and efforts to protect American’s access to affordable and reliable vehicles. American’s have long relied on internal combustion engines for a wide variety of benefits and restricting this choice is counter to the needs and interests of citizens and industry and we are proud to support this bill,” said Ben Shepperd, President of Permian Basin Petroleum Association.
“The Petroleum Alliance of Oklahoma applauds U.S. Senator Markwayne Mullin for once again providing leadership on the issue of vehicle choice. California and other poorly governed states should no longer be allowed to force their public policy preferences on the rest of America,” said Brook A. Simmons, President of The Petroleum Alliance of Oklahoma.
“There are over 200,000 propane-fueled vehicles on American roads today, which provide clean, affordable, and reliable solutions to power school buses, medium- and heavy-duty vehicles, and fleets,” said Steve Kaminski, President and CEO of the National Propane Gas Association. “The Preserving Choice in Vehicle Purchases Act guarantees that low-carbon vehicles powered by propane remain a viable transportation option by preventing the EPA from issuing any waiver for new regulations that ban the sale or use of vehicles with internal combustion engines. The National Propane Gas Association and its more than 2,400 members would like to thank Senator Mullin for his leadership in sponsoring this critical legislation to protect Americans’ choice in vehicle usage.”
“Sixty trucks today emit the same amount as one truck manufactured just a few decades ago. This tremendous progress in lowering emissions and improving environmental performance was made possible by our industry working collaboratively to develop achievable benchmarks,” said American Trucking Associations Chief Advocacy & Public Affairs Officer Ed Gilroy. “A patchwork of unrealistic, one-size-fits-all electric-truck mandates threatens to undo this success and raise costs for consumers. We commend Senator Mullin for leading the effort to take the keys away from California, which is setting impossible timelines and forcing motor carriers to purchase expensive, untested equipment. ATA looks forward to working with Senator Mullin, other champions in Congress, the new administration, and EPA Administrator Zeldin to set commonsense national emission standards that are technologically feasible, encourage innovation, and account for the operational realities of our essential industry.”
“As exciting as new technology may seem, riders and racers know an all-electric future is still far away,” American Motorcyclist Association Washington Representative Zach Farmer said. “Motorcyclists deserve the right to choose, and ability to purchase, the vehicle that best fits their needs.”
“California’s gas car ban—which received 11th hour approval from the outgoing Biden administration—will take vehicle choice away from millions of Americans in a dozen states. The regulation is unlawful and will have national repercussions—raising the cost of vehicles, electricity, and any goods and services that depend on automotive transportation and increasing our country’s dependence on China. AFPM commends Senator Mullin for doing his part to end EV mandates by reintroducing the Preserving Choice in Vehicle Purchases Act. This much-needed legislation is tech neutral and will stop any future EPA from permitting and proliferating vehicle bans under the auspices of California Clean Air Act waivers,” said Chet Thompson, AFPM President and CEO.
“Setting national policy is the responsibility of Congress, not California. It’s no wonder small-business truckers have left the state in droves to find better opportunities elsewhere. For OOIDA members, vehicle reliability and affordability are critical. So far, there is no convincing evidence that electric commercial motor vehicles are a viable option for small-business truckers given the high costs and inadequate charging infrastructure. OOIDA and our 150,000 members appreciate Senator Mullin’s continued leadership in advancing this commonsense legislation to protect small-business truckers nationwide from California’s regulatory encroachments,” said Todd Spencer, President of OOIDA.
“Americans should be free to choose the vehicles they want, not be pushed into EVs by California’s ban on new fuel-powered vehicles. Rolling back California’s Advanced Clean Cars II Waiver is key to protecting that choice for Americans in all states. There are faster, less restrictive, and more affordable ways to cut emissions through a range of technologies without limiting consumer options,” said Kristin Whitman, SVP Government Relations, American Petroleum Institute.
“SEMA and its members appreciate the leadership of Senator Mullin, who put action behind his words by introducing this important bill to ensure consumers are able to purchase vehicles that meet their needs. SEMA believes in personal vehicle choice that reflects an individual’s needs and priorities, where they live and work, and how much they can afford. The American people should not be directed toward a specific technology, but rather be able to choose the type of vehicle that best serves them and their families,” said SEMA President and CEO Mike Spagnola.“The automotive aftermarket has a forward-looking vision that embraces all technologies, including hydrogen, electric, alternative fuels and continued improvements to the internal-combustion engine, all in service of helping vehicles become cleaner, safer, and more efficient. Innovation is the answer, and vehicle choice, not electric vehicle mandates, is the path.”
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