S-2090 : Still Just a Bill

Preserving Choice in Vehicle Purchases Act of 2023

This bill modifies the waiver process under the Clean Air Act related to state emission control standards for new motor vehicles (or new motor vehicle engines).

Under current law, states are preempted from adopting or enforcing emission control standards for new motor vehicles (or new motor vehicle engines) unless the Environmental Protection Agency (EPA) provides a waiver authorizing a state to adopt such standards if certain requirements are met.

The bill provides that state standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines are not eligible for waivers. The bill also prohibits the EPA from determining that any state standards amended after the bill's enactment are within the scope of an existing waiver.

Additionally, the bill requires the EPA to revoke waivers granted between January 1, 2022, and the date of enactment of this bill if the standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines.