ACR199

A Concurrent Resolution opposing the United States Environmental Protection Agency’s and the National Highway Traffic Safety Administration’s proposed reductions to vehicle emissions and fuel efficiency standards.

Whereas, The United States Environmental Protection Agency (EPA) is required to regulate national carbon dioxide (CO₂) emissions under the “Clean Air Act” (42 U.S.C. s.7401 et seq.), and the National Highway Traffic Safety Administration (NHTSA) is required to regulate national fuel efficiency standards under the “Energy Policy and Conservation Act of 1975” (42 U.S.C. s.6201 et seq.); and

Whereas, The law requires the NHTSA to set average fuel efficiency standards for each model year, and requires the EPA to set CO₂ emissions standards for light-duty vehicles, which results in the agencies working on the standards in tandem as average fuel efficiency and CO₂ emissions are inherently linked; and

Whereas, In 2012, the EPA set CO₂ standards for model years 2017-2025, the NHTSA set fuel efficiency standards for model years 2017-2021, and NHTSA also set projected fuel efficiency standards for model years 2022-2025 based upon the EPA’s CO₂ standards for those model years; and

Whereas, The initial fuel efficiency standards, developed with the support of automobile manufacturers, were designed to double the fuel efficiency of new vehicles and cut carbon pollution from light-duty vehicles in half by 2025; and

Whereas, The Union of Concerned Scientists estimated that the 2012 standards would avert 570 million metric tons of greenhouse gas emissions by 2030, the equivalent of stopping 140 typical coal-fired power plants for a year; and

Whereas, The EPA conducted a mid-term evaluation of its CO₂ standards for model years 2022-2025, releasing a technical assessment report in July of 2016 for public comment, a draft determination on December 6, 2016, and a final determination that the initial standards were appropriate in January of 2017; and

Whereas, Although the mid-term review process was completed, President Trump directed the EPA to reconsider the determination of the mid-term evaluation in March 2017, because his intention was to reduce costs for the automotive industry, and because he found that there was any inaccuracy in the EPA and the NHTSA’s environmental or economic analysis; and

Whereas, On August 2, 2018, the EPA and the NHTSA jointly announced that they intended to keep fuel standards and CO₂ standards at a consistent level between model years 2022 and 2025 instead of pursuing the more aggressive fuel-cutting standards previously put in place by the EPA, and published the full text of the proposed rule on August 24, 2018; and

Whereas, Despite President Trump’s assertions, major automakers have repeatedly stated that they do not support freezing fuel standards; and

Whereas, The proposed rule has faced a great deal of criticism concerning its economic and scientific validity, and the Chair of the California Air Resources Board stated that the proposal “completely misrepresents costs and savings,” and that it “relies on “bizarre assumptions about consumer behavior” to reach “absurd conclusions”; and

Whereas, The federal government’s rule proposal also aims to revoke California’s authority to establish more stringent emissions standards, which is a critically important tool for densely populated states, like New Jersey, to address their unique air quality challenges; and

Whereas, New Jersey is one of 12 states that have adopted California’s tougher vehicle emissions standards as roughly 46 percent of its greenhouse gas emissions originate from the transportation sector according to the New Jersey Department of Environmental Protection; and

Whereas, The revocation of the authority for California to adopt more stringent vehicle emissions standards is particularly troubling because it will allow automakers to produce their entire fleet of cars at lower emission performance levels, which will mean a greater number of higher-emitting cars on the roads in New Jersey; and

Whereas, Because New Jersey is part of two of the largest metropolitan areas in the country, the State’s role as a transportation corridor makes the loosening of fuel efficiency standards particularly threatening to the health of the citizens of the State; and

Whereas, New Jersey has never achieved the federal health-quality standards for ground-level ozone, thus reductions in fuel efficiency with a concomitant increase in CO₂ emissions will make it even more difficult for the State to adequately protect its citizenry from air pollutants; and

Whereas, The actions by the EPA and the NHTSA to loosen federal emissions standards are opposed by a plethora of environmental, medical, and health organizations, including a coalition led by the American Lung Association as well as innumerable government and non-governmental clean air organizations; and

Whereas, There is near-universal opposition to the reconsideration of the rules in New Jersey, including from Governor Murphy the Department of Environmental Protection, the Attorney General, and members of the United States Congress elected from New Jersey; and

Whereas, New Jersey has joined a 17-state lawsuit to block the federal government’s effort to roll back the standards; and

Whereas, The New Jersey Legislature wishes to join the overwhelming scientific and policy consensus in condemning the proposed reduction in fuel efficiency standards and CO₂ emissions standards, as doing so would threaten both the long and short-term health of the residents of this State; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. This House opposes the reductions of vehicle carbon dioxide emissions standards and fuel efficiency standards for model years 2022 through 2025 proposed by the Environmental Protection Agency and the National Highway Traffic Safety Administration.

2. Copies of this resolution, as filed with the Secretary of the State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President of the United States, the acting Administrator of the Environmental Protection Agency, the Deputy Administrator of the National Highway Traffic Safety Administration, the Governor of the State of New Jersey, the Commissioner of Environmental Protection, the Commissioner of Transportation, the Attorney General, and every member of Congress elected from the State of New Jersey.

STATEMENT

This resolution opposes the Environmental Protection Agency’s and National Highway Traffic Safety Administration’s proposed reductions to vehicle emissions standards and fuel efficiency standards.

The Environmental Protection Agency (EPA) is required to regulate national carbon dioxide (CO₂) emissions under the “Clean Air Act,” and the National Highway Traffic Safety Administration (NHTSA) is required to regulate national fuel efficiency standards under the “Energy Policy and Conservation Act of 1975.” The law requires the NHTSA to set average fuel efficiency standards for each model year, and also requires the EPA to set emissions standards for light-duty vehicles. The agencies work on these standards in tandem as average fuel efficiency and CO2 emissions are inherently linked.

In 2012, the EPA set CO2 standards for model years 2017-2025 and the NHTSA set fuel efficiency standards for model years 2017-2021. The NHTSA also set projected fuel efficiency standards for model years 2022-2025 based upon the EPA’s CO2 standards for those model years. These initial fuel efficiency standards, developed with the support of automobile manufacturers, were designed to double the fuel efficiency of new vehicles and cut carbon pollution from light-duty vehicles in half by 2025.

The EPA conducted a mid-term evaluation of its CO2 standards for model years 2022-2025, releasing a technical assessment report in July of 2016 for public comment, a draft determination on December 6, 2016, and a final determination that the initial standards were appropriate in January of 2017. Although the mid-term review process was completed, President Trump directed the EPA to reconsider the determination of the mid-term evaluation in March 2017, because his intention was to reduce costs for the automotive industry, and not because he found that there was any inaccuracy in the EPA and the NHTSA’s analysis. On August 2, 2018, the EPA and the NHTSA jointly announced that they intended to keep fuel efficiency standards and CO2 standards at a consistent level between model years 2022 and 2025 instead of pursuing the more aggressive fuel-cutting standards previously put in place by the EPA, and published the full text of the proposed rule on August 24, 2018.

The proposed rule has faced a great deal of criticism concerning its economic and scientific validity. The Chair of the California Air Resources Board has even stated that the proposal “completely misrepresents costs and savings,” and that it “relies on “bizarre assumptions about consumer behavior” to reach “absurd conclusions.” The decision also aims to revoke California’s authority to establish more stringent vehicle emissions standards, which is a critically important tool for densely populated states like New Jersey, to address their unique air quality challenges.

New Jersey is one of 12 other states that have adopted California’s tougher vehicle emissions standards. Roughly 46 percent of greenhouse-gas emissions in New Jersey come from the transportation sector according to the New Jersey Department of Environmental Protection. The revocation of the California’s authority to set vehicle emissions standards is particularly troubling because it will allow automakers to produce their entire fleet of cars at lower emission performance levels, which will mean a greater number of higher-emitting cars on the roads in New Jersey. Because New Jersey part of two of the largest metropolitan areas in the country, the State role as a transportation corridor makes the loosening of fuel efficiency standards particularly threatening to the citizens of the State.

New Jersey has never achieved the federal health-quality standards for ground-level ozone, thus reductions in fuel efficiency, with a concomitant increase in CO2 emission will make it even more difficult for the State to adequately protect its citizenry from air pollutants. The actions by the EPA and the NHTSA to loosen federal emissions standards are opposed by a plethora of environmental, medical, and health organizations. There is near-universal opposition to the reconsideration of the rules in New Jersey, including from Governor Murphy, the Department of Environmental Protection, the Attorney General, and several members of the United States Congress elected from New Jersey. New Jersey has joined a 17-state lawsuit to block the federal government’s effort to roll back the standards.

New Jersey Legislature wishes to join the overwhelming scientific and policy consensus in condemning the proposed reduction in vehicle fuel efficiency standards and CO₂ emissions standards, as doing so would threaten both the long and short-term health of the residents of this State.