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Fact #2: No Midwestern State has Adopted California’s Emission Standards

Wisconsin Would Become Only Midwestern State to Adopt California’s Low Emission Vehicle Standards

Page 137 of SB 450/AB 649, implementing Gov. Doyle’s Global Warming Task Force recommendations, would require Wisconsin to adopt regulations identical to the “California greenhouse gas emission standards…”

Section 209 of the Clean Air Act gives California special authority to enact stricter air pollution standards for motor vehicles than the federal government’s. California is the only state with such authority; however, other states may choose to adopt California’s stricter emissions standards. To date, only a handful of states on the East and West Coasts have adopted California’s emissions standards.

No Midwestern state has adopted California’s standards because of the concern that those regulations would restrict the amount of trucks, SUVs, minivans, and other larger vehicles that are relied upon in the Midwest to use for work, recreation, and to navigate the harsh winter elements. In fact, such a proposal was recently introduced in Minnesota, and resoundingly defeated.

If the Legislature passes SB 450/AB 649 as currently drafted, Wisconsin would become the only Midwestern state to adopt California’s vehicle emission standards.

National Program

Wisconsin’s legislation seems particularly misguided given that the Obama administration, in conjunction with environmentalists and auto manufacturers, recently announced federal regulations that would effectively replace California’s greenhouse gas emissions standards for model years 2012-2016.

The federal Notice of Proposed Rulemaking for the National Program was published on September 16th, with the final rule expected by March 31, 2010. It is estimated that the new standards would lead to reductions of 62 billion gallons of fuel during the useful life of the vehicles sold for model years 2012 – 2016. As announced, the National Program’s standards for the combined fleet will be higher than California’s throughout the duration of the program.

California Regulating Wisconsin

As a result of the new federal regulations, it makes little sense for Wisconsin to cede its regulatory authority to California bureaucrats in the controversial Air Resources Board, which is notorious for imposing costly regulations that harm that state’s business climate. By ceding its authority to California, Wisconsin will tie itself to all future changes California makes. Incidentally, California is already in the early stages of completely overhauling its current vehicle emissions regulations, and Wisconsin will have no say in how those regulations are drafted.

California’s Costly Regulations Provide No Measureable Environmental Benefit

California’s Low Emission Vehicle standards (CA LEV) provide no measurable environmental or clean air benefit beyond the existing federal program, called Tier 2, which Wisconsin already follows. The adoption of CA LEV is often painted as an effort to “clean the air”; however, that misrepresents the benefit that CA LEV provides.

In fact, while California’s emission standards show no measureable environmental benefit over federal regulations, California’s provisions come at a significant cost. California’s Zero Emission Vehicle mandate is the most expensive regulation in the history of CARB. The latest CARB figures estimate that this regulation may cost upwards of $1 billion dollars annually for just the six largest automakers, in California alone.

The Zero Emission Vehicle mandate is not just expensive for manufacturers, it also requires a commitment by the State to build the infrastructure (hydrogen fueling stations, battery-electric charging stations, etc.) necessary to support the advanced technology vehicles mandated in the regulation.

Additionally, California’s regulations will not support the state’s commitment to E85 technology and infrastructure. California’s emissions standards constrain the sale of E85-capable, flex fuel vehicles (FFVs) that are critical to the success of the ethanol industry in Wisconsin. In model year 2008, 30 models of FFVs were available to consumers, however more than 25 percent of those models were not available in states that have adopted California’s regulations.

Conclusion

In short, it makes little sense for Wisconsin to become the first and only Midwestern state to enact California’s stringent regulations that could possibly restrict the sale of trucks, SUVs, and minivans.