Legislative Summary: H.J. Res. 88 (119th Congress)
Overview
H.J. Res. 88 is a joint resolution that utilizes the Congressional Review Act (CRA) to overturn a specific rule issued by the Environmental Protection Agency (EPA). The resolution expresses congressional disapproval of the EPA's decision to grant California a waiver of preemption regarding its "Advanced Clean Cars II" pollution control standards.
Purpose and Intent
The primary intent of this legislation is to void a federal agency decision that allowed the State of California to implement stricter motor vehicle and engine emission standards than those set by the federal government.
Under the Clean Air Act, the EPA can grant California a "waiver" that allows the state to set its own more stringent air quality standards. By passing this resolution, Congress is effectively revoking that waiver, thereby removing California's legal authority to enforce the Advanced Clean Cars II standards.
Key Provisions
- Disapproval of EPA Rule: The resolution specifically targets the "Notice of Decision" published on January 6, 2025 (90 Fed. Reg. 642), regarding the California State Motor Vehicle and Engine Pollution Control Standards.
- Nullification of Effect: Upon becoming law, the targeted EPA rule is declared to have "no force or effect." This means the rule is treated as if it were never enacted.
Affected Parties
- The Environmental Protection Agency (EPA): The agency's decision-making authority regarding this specific waiver is overridden.
- The State of California: California loses its federal authorization to enforce the Advanced Clean Cars II standards, which typically aim to transition the state's vehicle fleet toward zero-emission vehicles (ZEVs).
- Automotive Manufacturers: Vehicle and engine manufacturers would no longer be required to meet the specific, more stringent California requirements under the Advanced Clean Cars II framework, potentially aligning their production more closely with federal standards.
- Consumers: The availability and types of vehicles (electric vs. internal combustion) sold in the California market may be impacted.
Procedural Timeline and Status
The resolution moved rapidly through the legislative process in the spring of 2025:
* Introduced: April 2, 2025.
* House Passage: Passed on May 1, 2025, with a vote of 246–164.
* Senate Passage: Passed on May 22, 2025, with a vote of 51–44.
* Enactment: Signed by the President on June 12, 2025, officially becoming Public Law No: 119-16.
Final Status: ✅ Became Public Law
