More States Move Toward Banning Gas-Powered Vehicles

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Seventeen states follow Californiaโ€™s rigid vehicle emission requirements instead of federal standards, and now theyโ€™re considering following Californiaโ€™s lead in its gas-powered vehicle ban.

Indeed, Oregon said itโ€™ll update its Advanced Clean Cars II law proposal to include a gas-powered vehicle ban in 2035.

And Washington said it would adopt a version of Californiaโ€™s rule by yearโ€™s end.

In Sep. 2021, New York Gov. Kathy Hochul (D) signed Senate Bill S2758, which effectively banned gas-powered vehicle sales by implementing a โ€œzero-emissionโ€ in-state sales goal of 100 percent by 2035.

New York will likely institute an outright ban soon.

Further, other states have so-called trigger laws that require them to adopt the same emission regulations as Californiaโ€™sโ€”even if they disagree with the requirements.

On Aug. 25, the California Air Resources Board voted to ban the sale of gas-powered cars entirely by 2035โ€”a move impacting seventeen states that follow Californiaโ€™s emission regulations.

New York, Massachusetts, Vermont, Maine, Pennsylvania, Connecticut, Rhode Island, Washington, Oregon, New Jersey, Maryland, Delaware, Colorado, Minnesota, Nevada, Virginia, and New Mexico have all chosen to opt into Californiaโ€™s standards instead of federal requirement.

Moreover, depending on the legalese of each stateโ€™s regulations, if California implements a specific condition, then the state tied to Californiaโ€™s standards must follow suit.

For example, under then-Gov. Ralph Northam (D), Virginia tied itself to Californiaโ€™s emission standards when itย passedย House Bill 1965, which directed Virginiaโ€™s State Air Pollution Control Board to โ€œadopt and enforceโ€ Section 177 of the Clean Air Act.

The Clean Air Act is a federal law requiring states to implement federal vehicle emissions standards or opt under Section 177 to follow Californiaโ€™s more stringent requirements.

Massachusetts, Washington, and Vermont have similar laws tying them to California.

On Aug. 11, Massachusetts Gov. Charlie Baker (R)ย signedย House Bill 5060, which essentially dictated that if California passed a fossil-fuel vehicle ban, Massachusetts would follow suit.

Byย Katie Spence

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