PolicyBrief
H.R. 346
119th CongressJan 13th 2025
Preserving Choice in Vehicle Purchases Act
IN COMMITTEE

This bill prohibits the EPA from granting or maintaining waivers for state vehicle emission standards that restrict the sale or use of new internal combustion engine vehicles.

John Joyce
R

John Joyce

Representative

PA-13

LEGISLATION

Preserving Choice in Vehicle Purchases Act Bans EPA from Curbing Internal Combustion Engines: New Restrictions on State Emission Standards

This bill, known as the Preserving Choice in Vehicle Purchases Act, hits the brakes on the federal government’s ability to let states phase out gas-powered cars. Specifically, it amends the Clean Air Act to prevent the EPA from granting waivers to any state that wants to set emission standards that 'directly or indirectly' limit the sale or use of new vehicles with internal combustion engines. It’s a major shift in how state and federal environmental rules interact, essentially drawing a line in the sand that says states cannot use pollution laws to force a transition away from traditional gas or diesel engines.

The Engine Room of the Bill

The core of this legislation is about stopping states from setting their own rules that might favor electric vehicles (EVs) over gas ones. If a state tries to update its standards after this bill passes, the EPA is legally barred from approving those changes if they impact the availability of internal combustion engines. For someone like a mechanic or a small business owner who relies on a fleet of heavy-duty gas trucks, this means the current market for those vehicles stays protected from state-level mandates. However, for a tech worker or a commuter in a state like California that has been pushing for an all-electric future, this bill effectively shuts down those local initiatives by revoking any EPA waivers granted between January 1, 2022, and the date this bill becomes law.

Roadblocks for State Innovation

One of the biggest real-world impacts is the 'indirect' clause. By prohibiting standards that even indirectly limit gas vehicle sales, the bill creates a wide net. For example, if a state tried to implement a high-efficiency standard that only a few gas engines could meet, it might be interpreted as an 'indirect limit' and get blocked. This could lead to a messy legal tug-of-war over what counts as a 'limit.' While this provides a safety net for people who aren't ready to switch to EVs—perhaps because they live in apartments without chargers or in rural areas with limited infrastructure—it also creates a significant hurdle for public health advocates and state planners trying to reduce urban smog and meet climate goals.

Who Wins and Who Shifts Gears?

The immediate beneficiaries are the manufacturers and drivers of traditional internal combustion vehicles, as it ensures gas-powered cars won't be regulated out of the market state-by-state. On the flip side, this is a major setback for companies that have poured billions into EV infrastructure based on the assumption that state mandates would drive demand. It also creates a potential conflict with existing state laws; if you live in a state that already passed a plan to go 100% electric by 2035, this bill would likely nullify the EPA waiver that makes that plan enforceable. The result is a more uniform national standard, but one that explicitly protects older technology over state-led environmental pivots.