California special session will address Trump's potential emissions rollback

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California Governor Gavin Newsom Thursday issued a proclamation calling for the convening of a legislative Special Session in response to President-elect Donald Trump's re-election this week. 

Citing the Trump administration's "track record" on a number of issues – emissions regulations among them – Newsom's proclamation noted the possible "undoing (of) clean vehicle policies that are critical to combating climate change and dismantling other long-standing environmental protections for clean air and clean water."

Newsom said his office and the state attorney general "have been preparing for a potential second Trump term for more than a year, and we are marshaling the arguments and evidence needed to be ready to challenge in court unconstitutional and unlawful federal policies, and to mount robust and vigorous defenses of California's laws, policies and programs..." 

In an Aug. 15 speech in Bedminster, New Jersey, Trump talked rather extensively about trucks, particularly electric trucks. “We want to end the Biden-Harris electrical vehicle mandate,” he said. “We have to get rid of the electric vehicle mandate.” That's likely a reference to the Environmental Protection Agency's emissions standards enacted earlier this year for light- and medium-duty vehicles beginning with the 2027 model year. Similar to EPA's Phase 3 Greenhouse Gas regulations for heavy-duty trucks, the standards are officially technology-neutral, yet stringent enough to ensure EVs are a bigger part of automakers' production mix, likewise truck makers'. 

Specifically speaking about trucks in the speech, Trump alluded to the range challenges that electric trucks currently on the market present compared to their diesel counterparts, likewise the weight challenges. Trump concluded the EV portion of his speech with a vow to “repeal all that." 

The Special Session is called to "provide additional funding to the California Department of Justice and other agencies, departments, boards, and offices within the Executive Branch to support the ability to immediately file affirmative litigation challenging actions taken by the incoming Trump Administration, defend against litigation or enforcement actions brought by the incoming Trump Administration, and take administration action authorized under state law to mitigate the impacts of actions by the incoming Trump Administration" and "make conforming changes to existing law consistent with the preceding paragraph."

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Gov. Newsom has asked lawmakers to convene on Dec. 2, the day newly elected and re-elected officials will be sworn in. 

The California Air Resources Board (CARB) recently amended its Advanced Clean Trucks (ACT) rule and its Zero-Emission Powertrain Certification test procedure to allow for more flexibility in getting new trucks on the road.

The ACT rule was written to force manufacturers to sell an increasing number of ZEVs into the marketplace beginning with model year (MY) 2024. As a result of ongoing challenges, CARB recently approved amendments to the ACT rule. The biggest change comes in the delivery of credits during the sale of a ZEV. Under the amended rule, OEMs will now receive a credit for a ZEV sale once a unit is delivered to a dealer or truck upfitter. This is a change from the original rule, which did not provide the credit until the unit arrived at the "ultimate purchaser."

The amendments also will now give secondary vehicle manufacturers the option to trade, sell or transfer credits with manufacturers.

Jason Cannon has written about trucking and transportation for more than a decade and serves as Chief Editor of Commercial Carrier Journal. A Class A CDL holder, Jason is a graduate of the Porsche Sport Driving School, an honorary Duckmaster at The Peabody in Memphis, Tennessee, and a purple belt in Brazilian jiu jitsu. Reach him at [email protected]