U.S. Sens. Shelley Moore Capito (R-WV) and Deb Fischer (R-NE) on April 4 proposed three Congressional Review Act (CRA) resolutions to repeal California’s electric vehicle (EV) waivers prohibiting the sale of new gas-powered light-duty vehicles by 2035.

“California’s extreme EV mandate imposes unrealistic and stringent requirements, fails to meet the Clean Air Act’s requirements for a waiver, forces the hand of American consumers, and makes our country more reliant on China for critical minerals,” said Sen. Capito, chairman of the U.S. Senate Environment and Public Works (EPW) Committee.

“The American people have made it clear that they want consumer choice, not an EV mandate,” Sen. Capito added. “I will continue to address all options available to strike down these rules and eliminate the consequential impact they would make across our country.”

The lawmaker sponsored Senate Joint Resolution (S.J.Res.) 45 alongside 24 Republican original cosponsors, including Sen. Fischer, to disapprove of the rule submitted by the Environmental Protection Agency (EPA) related to “California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision.”

Sen. Capito is also the lead original cosponsor of S.J.Res. 46, which is sponsored by Sen. Fischer and 16 other Republican original cosponsors. If enacted, S.J.Res. 46 would express disapproval of the rule submitted by the EPA related to “California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision.”

“As we saw under the Biden administration, what happens in California doesn’t stay in California. Their emissions regulation will cripple the truck manufacturing industry nationwide, overloading companies and truckers with expensive, heavy-handed requirements,” Sen. Fischer said. “This inevitably leads to increased prices for families across the nation. 

“My resolution will overturn the Biden administration’s waiver allowing the ACT regulation to take effect without congressional review,” she added.

Both senators also signed on as the two original cosponsors of S.J.Res. 47, which is sponsored by U.S. Sen. Markwayne Mullin (R-OK) to disapprove of the EPA rule related to “California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The ‘Omnibus’ Low NOx Regulation; Waiver of Preemption; Notice of Decision.”

All three resolutions are under consideration by the EPW Committee and are companions to the same three joint resolutions introduced on April 2 by U.S. Reps. John Joyce (R-PA), Jay Obernolte (R-CA), and Kevin Kiley (R-CA) in the U.S. House.