Senate Votes to Block California's 2035 Electric Vehicle Mandate

 


Senate Votes to Block California's 2035 Electric Vehicle Mandate

Congressional action overturns EPA waivers that would have required zero-emission vehicles across 12 states

The U.S. Senate voted Thursday to overturn federal waivers that allowed California to phase out gasoline-powered vehicle sales by 2035, dealing a significant blow to the nation's most ambitious electric vehicle adoption program.

In a series of close votes, senators passed three Congressional Review Act resolutions targeting California's Advanced Clean Cars II program and related heavy-duty vehicle regulations. The most consequential vote, 51-44, specifically blocks California's mandate that would have required 100 percent of new passenger cars, trucks, and SUVs sold in the state to be zero-emission by 2035.

The Technical Details

California's Advanced Clean Cars II regulation established a graduated timeline starting with model year 2026, requiring automakers to sell an increasing percentage of zero-emission vehicles each year. The program targeted 35 percent zero-emission sales by 2026, ramping up to complete phase-out of internal combustion engines by 2035.

The regulation covered battery-electric vehicles, hydrogen fuel cell cars, and plug-in hybrid electric vehicles. Manufacturers earned tradeable credits for qualifying vehicles, providing flexibility in meeting annual targets while driving overall market transformation.

Two additional Senate votes targeted California's heavy-duty vehicle programs. One resolution, passing 51-45, blocked the Advanced Clean Trucks rule requiring increasing percentages of zero-emission commercial trucks. Another, passing 49-46, overturned stricter nitrogen oxide emissions standards for diesel trucks.

Unprecedented Procedural Move

The Senate's action required overruling guidance from the chamber's parliamentarian, a nonpartisan rules interpreter who had determined that EPA waivers don't qualify as "rules" subject to Congressional Review Act procedures. The Senate has overruled its parliamentarian only a handful of times in the position's 90-year history.

Both the Government Accountability Office and Senate parliamentarian had advised that these waivers fell outside typical CRA authority, making Thursday's votes a significant procedural precedent.

National Market Impact

California's unique Clean Air Act authority, dating to 1967, allows other states to adopt its vehicle standards when federal air quality standards prove insufficient. Twelve states plus Washington D.C. had already adopted Advanced Clean Cars II, representing roughly one-third of the U.S. auto market.

Currently, electric vehicles comprise about 25 percent of new car sales in California and 10 percent nationally. The state's regulations would have created the world's second-largest zero-emission vehicle market after China.

Automaker Implications

The regulatory rollback eliminates compliance requirements that would have forced fundamental changes in automaker production strategies. California's market size meant manufacturers couldn't simply ignore the state's requirements—they needed nationwide electric vehicle production capabilities to serve the California market cost-effectively.

Industry analysts had projected the regulation would accelerate electric vehicle cost parity with conventional vehicles by 2030, with consumers potentially saving $7,900 in maintenance and operational costs over ten years of ownership starting with 2035 model year vehicles.

The Technology Angle

California's program aimed to leverage rapidly improving battery technology, expanding charging infrastructure, and manufacturing scale economies to make zero-emission vehicles mainstream. The state currently operates more than 80,000 public charging ports and planned to reach 250,000 charging stations supporting 1.5 million zero-emission vehicles by 2025.

Heavy-duty vehicle electrification faced steeper technical challenges, with batteries, hydrogen fuel cells, and electric powertrains still proving their viability for long-haul trucking applications. California's Advanced Clean Trucks rule would have served as a real-world testing ground for these emerging technologies.

What Happens Next

President Trump is expected to sign the resolutions, making the nullification final. The Congressional Review Act prevents agencies from issuing substantially similar rules without explicit congressional authorization, potentially blocking future attempts to restore these programs.

States that adopted California's standards now face uncertainty about enforcement authority. Legal challenges seem likely, as environmental groups argue the Congressional Review Act doesn't apply to Clean Air Act waivers.

The automotive industry must now recalibrate electric vehicle strategies without the regulatory certainty California's program provided. Meanwhile, other global markets continue advancing zero-emission vehicle requirements—the European Union maintains its 2035 internal combustion engine phase-out, and Norway expects to reach 100 percent electric vehicle sales next year.

For American consumers, the immediate impact may be slower electric vehicle adoption rates and potentially higher prices as automakers lose the scale benefits California's large market would have provided.

Sources

  1. Congress.gov. "H.J.Res.87 - 119th Congress (2025-2026): Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to California State Motor Vehicle and Engine Pollution Control Standards." Library of Congress. https://www.congress.gov/bill/119th-congress/house-joint-resolution/87

  2. Congress.gov. "H.J.Res.88 - 119th Congress (2025-2026): Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II." Library of Congress. https://www.congress.gov/bill/119th-congress/house-joint-resolution/88

  3. Holland & Knight LLP. "Up in the Air: Congress Nullifies Clean Air Act Waivers for California." Insights, May 2025. https://www.hklaw.com/en/insights/publications/2025/05/up-in-the-air-congress-nullifies-clean-air-act-waivers-for-california

  4. Jordan, David and Valerie Yurk. "In CRA first, Senate blocks EPA waivers after procedural change." Roll Call, May 22, 2025. https://rollcall.com/2025/05/22/in-cra-first-senate-blocks-an-epa-waiver-after-procedural-change/

  5. National Public Radio. "Upending norms, the Senate votes to undo California's EV rules." May 22, 2025. https://www.npr.org/2025/05/22/nx-s1-5387729/senate-california-ev-air-pollution-waiver-revoked

  6. California Air Resources Board. "Advanced Clean Cars II." Our Work Programs. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program/advanced-clean-cars-ii

  7. California Air Resources Board. "California moves to accelerate to 100% new zero-emission vehicle sales by 2035." August 25, 2022. https://ww2.arb.ca.gov/news/california-moves-accelerate-100-new-zero-emission-vehicle-sales-2035

  8. Atlas EV Hub. "12 States Have Formally Adopted Advanced Clean Cars II." December 4, 2023. https://www.atlasevhub.com/weekly-digest/12-states-have-formally-adopted-advanced-clean-cars-ii/

  9. Earthjustice. "EPA Approves Waiver for California's Zero-Emissions Cars and Cleaner Trucks Standards." December 18, 2024. https://earthjustice.org/press/2024/epa-approves-waiver-for-californias-zero-emissions-cars-and-cleaner-trucks-standards

  10. ACT News. "Congress Advances Measures to Overturn California's Truck Emission Standards." May 2025. https://www.act-news.com/news/congress-advances-measures-to-overturn-californias-truck-emission-standards/

  11. Reuters. "US Senate votes to block California 2035 electric vehicle rules." May 22, 2025. https://www.reuters.com/sustainability/climate-energy/us-senate-votes-block-california-2035-electric-vehicle-rules-2025-05-22/

  12. The White House. "Statement of Administration Policy: H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89." American Presidency Project. https://www.presidency.ucsb.edu/documents/statement-administration-policy-hj-res-87-joint-resolution-providing-for-congressional

  13. LegiScan. "US HJR89 | 2025-2026 | 119th Congress." https://legiscan.com/US/bill/HJR89/2025

  14. U.S. Department of Energy. "Alternative Fuels Data Center: Adoption of California's Clean Vehicle Standards by State." https://afdc.energy.gov/laws/california-standards

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