Rep. Nehls introduces 'Stop CARB' bill

U.S. Rep. Troy Nehls (R-Texas) has introduced legislation that would repeal a waiver exemption for California in order to stop other states from adopting that state's in-use locomotive emissions rule.

Nehls' proposed "Stop California from Advancing Regulatory Burden Act" would repeal the California Air Resources Board's (CARB) waiver exemption from the federal Clean Air Act that would allow it to enforce its in-use locomotive rule, which requires switching industrial and passenger locomotives to be zero-emissions by 2030 and freight line-haul locomotives to be emissions-free by 2035.  

CARB has requested a waiver from the U.S. Environmental Protection Agency (EPA) that would allow it to adopt those new emissions standards. CARB has over 100 active waivers that set higher emissions standards than the EPA, and none of them are subject to congressional review, according to a press release issued by Nehls' office.

His proposed "Stop CARB Act" would repeal Section 177 of the Clean Air Act, which allows other states across the nation to adopt the California emissions standards. The bill also would nullify any active or pending waivers, and clean up references to the waiver in other statute.

"California will not govern the great state of Texas,” said Nehls, who chairs the House Subcommittee on Railroads, Pipelines and Hazardous Materials. "The liberal state of California should not set egregious standards for the rest of the country."

U.S. Sen. Mike Lee (R-Utah) is leading the companion bill in the Senate.

"The Stop CARB Act will ensure that California's regulatory reach stops at its own borders. We must restore balance and accountability to our regulatory system," said Lee.

The American Association of Railroads and American Short Line and Regional Railroad Association oppose CARB's in-use locomotive rule. They have said the CARB regulation would require railroads to follow the in-use locomotive rule even if they're not based in California but operate trains there. In addition, the rule would be cost-prohibitive for some short lines and could possibly force them out of business.

Moreover, the associations have argued CARB's rule requires a type of technology that's not yet readily available.