By: Theodore Brothers
Electric vehicles, once thought to be a fairytale of the future, will soon become a familiar reality for many new car owners in California.
The California Air Resources Board (“CARB”) recently approved the Advanced Clean Cars II plan which will require that all new vehicles sold in California be zero-emission vehicles (“ZEVs”) by 2035, effectively banning the sale of gasoline-powered cars. An aggressive move forward to a carbon-neutral future, this plan further advances the Biden administration’s objectives of promoting the sale of electric vehicles and reducing the consumption of fossil fuels. It also comes at a time where there is increasing pressure on the United States both globally and domestically to combat the increasing effects of climate change. The revolutionary legislation passed in August 2022 sets expectations on a year-by-year roadmap that requires 35% of new cars sold be ZEVs by 2026, 68% by 2030, and finally, 100% by 2035.
The move comes after the Environmental Protection Agency (“EPA”) recently reversed a Trump-era decision that restricted the Golden State’s authority to set their own tailpipe emission standards, authority the state previously had since the 1960s, commonly known as the “California Waiver”. California faces some challenges with this legislation including opposition from other states, meeting the increased electricity demand to support 100% ZEV’s, and ramping up production of electric batteries to power these vehicles.
Transportation is the primary source of air pollution and climate altering emissions in California. To counteract these effects, California’s governor, Gavin Newsom, directed the CARB to begin forming regulations that would allow the state to reach their goals of cutting emissions from vehicles in his Executive Order signed in 2020. The Executive Order, which Newsom said was “the most impactful step our state can take to fight climate change,” also requires the state to work with the private sector to accelerate the production of electric charging stations. This Order gave CARB the framework to enact this legislation and build a timeline that will empower California to lead the way in the fight against climate change.
On a domestic scale, California is not the only state moving towards a zero-emission future. In 2021, New York state’s governor, Kathy Hochul, also signed a law that would require all new passenger and off-road vehicles to produce zero emissions by 2035, but allows more heavy-duty vehicles to achieve this goal by 2045. The Commonwealth of Massachusetts has also signaled that they have plans to implement a similar requirement that would effectively ban the sale of new gas-powered vehicles.
On a global scale, the California law goes further than the U.S. federal government’s plans to reduce emissions. President Biden had previously signed a bill aimed at reducing greenhouse gas emissions which invested $379 billion in spending and tax credits on clean energy programs, however, it did not lay out a concrete plan for eliminating greenhouse gas emissions. Instead, President Biden has encouraged states to take further action to reduce greenhouse gas emissions, and California has followed suit. The California law even surpasses the efforts of other countries, including Canada and Britain, as they have announced goals of phasing out gas-powered vehicles, but have not set targets as definite or stringent as California.
Opposition is likely to ensue from other states following the passage of this legislation. After the EPA had reversed the Trump-era policy that revoked the California waiver allowing the Golden State to set its own emission standards, effectively leading to the passing of this law, several Republican-led states, including Ohio and West Virginia, filed suit against the EPA. These states allege that California is receiving “special treatment” from the EPA, that they are violating the Constitution’s requirement to hold all states equal, and that the EPA’s Clean Air Act should preempt California from passing the Advanced Clean Cars II plan. The lawsuit has not yet been taken up for review, however, the Biden administration has consistently signaled that it is looking to support California’s efforts to achieve a zero-emission future.
While the Advanced Clean Cars II legislation is a major win for climate activists and clean energy technology, California still faces the hurdle of meeting the increasing demand for a more stabilized energy grid to support the increase in ZEVs. With new vehicles being purely electric or hybrid, the demand for electric charging stations is going to increase dramatically over the coming years. Critics of California’s zero-emission plan argue that California’s energy grid is not strong enough to support this influx, a concern that has been reinforced due to recent extreme weather throughout the state. In September 2022, California had a historic September heatwave, with many cities recording temperatures in the triple digits for several consistent days, prompting officials to advise residents to turn up thermostats and shut off appliances to avoid the risk of widespread blackouts. Most notably, officials even requested electric car drivers not to recharge their vehicles during peak hours, a somewhat alarming suggestion for a state attempting to only sell electric vehicles in the near future. Critics are concerned that if the energy grid is not stable enough now to support current conditions, there might not be a way for the grid to support the zero-emission plan.
Despite these concerns, California officials contend that moving to a carbon neutral future is the only way forward. A California Environmental Justice Alliance campaign manager insists that the problem with the energy grid is not the green energy itself, but rather not fully embracing technologies that unleash the full potential of green energy. Similarly, energy professionals think that California could have the proper tools to manage clean energy if it harnessed its resources better by updating laws surrounding clean energy. Historically, outdated laws have made it difficult for the private sector to invoke clean energy technology to help the state realize its full potential for clean energy use. Advocates of clean energy insist that the only way to improve the state’s energy grid is to continue moving forward with laws like the Advanced Clean Cars II plan, instead of retreating back to the use of fossil fuels which is the main cause of the extreme weather itself.
California’s Advanced Clean Cars II legislation is a historic moment for the Golden State and United States alike. Moving to a future with the sale of new vehicles being strictly ZEVs will likely have a huge impact on the efforts to combat climate change. While this is a huge step in the right direction, California still has a ways to go to ensure that they can improve their energy grid to support such an increased demand in electric vehicles while also facing the current effects of climate change. Despite opposition, California is paving the way for other states and other countries to reach a carbon neutral future.
Student Bio: Theodore Brothers is a student at Suffolk University Law School pursuing his JD degree. He is also a staff writer on the Journal of High Technology Law. Theodore received a Bachelor of Science Degree in Public Service and Public Policy from Arizona State University and has previously worked in the sustainable transportation sector prior to law school.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
