II
118THCONGRESS
1
STSESSION S. 2090
To amend the Clean Air Act to prevent the elimination of the sale of
motor vehicles with internal combustion engines, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE21, 2023
Mr. M
ULLIN(for himself, Mr. MARSHALL, Mr. RICKETTS, Mr. CRUZ, Mr.
B
ARRASSO, Mr. CRAMER, Mr. SULLIVAN, Mr. WICKER, and Mr.
H
OEVEN) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
A BILL
To amend the Clean Air Act to prevent the elimination
of the sale of motor vehicles with internal combustion
engines, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Preserving Choice in 4
Vehicle Purchases Act of 2023’’. 5
SEC. 2. STATE STANDARDS. 6
(a) A
MENDMENTS.—Section 209(b) of the Clean Air 7
Act (42 U.S.C. 7543(b)) is amended— 8
(1) in paragraph (1)— 9
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•S 2090 IS
(A) in subparagraph (A), by striking the 1
comma at the end and inserting a semicolon; 2
(B) in subparagraph (B), by striking ‘‘, 3
or’’ at the end and inserting a semicolon; 4
(C) in subparagraph (C), by striking the 5
period at the end and inserting ‘‘; or’’; and 6
(D) by adding at the end the following: 7
‘‘(D) the State standards directly or indirectly 8
limit the sale or use of new motor vehicles with in-9
ternal combustion engines (as defined in section 10
63.9375 of title 40, Code of Federal Regulations (as 11
in effect on January 1, 2023)).’’; and 12
(2) by adding at the end the following: 13
‘‘(4) S
COPE OFWAIVERS.—The Administrator may 14
not determine that any State standard amended after the 15
date of enactment of this paragraph is within the scope 16
of a waiver granted under paragraph (1) before that date 17
of enactment.’’. 18
(b) E
FFECT ONCERTAINEXISTINGWAIVERS.—The 19
Administrator of the Environmental Protection Agency 20
shall revoke a waiver that was granted under section 21
209(b) of the Clean Air Act (42 U.S.C. 7543(b)) during 22
the period that begins on January 1, 2022, and ends on 23
the date of enactment of this Act if the Administrator of 24
the Environmental Protection Agency finds that the waiv-25
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er does not comply with subparagraph (D) of paragraph 1
(1) of that section (as amended by subsection (a)(1)(D)). 2
Æ
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