SEMA, PRI Celebrate Withdrawal of California’s ACF Waiver Request

The state of California has withdrawn its request for the Clean Air Act waiver needed to implement its Advanced Clean Fleets (ACF) regulation.

The Specialty Equipment Market Association (SEMA) and Performance Racing Industry (PRI) support the withdrawal, calling it “a significant victory for those who seek a technology-neutral approach to reducing carbon emissions” and stating it will allow the “automotive aftermarket industry to continue leading the way toward cleaner, safer vehicles through innovation and American ingenuity—particularly through alternative-fuel innovations, replacing older engine technologies with newer, cleaner versions, and converting older internal combustion engine (ICE) vehicles to new electric or hydrogen-powered vehicles.”

In October, SEMA filed suit in federal court challenging the regulation on the basis of significant constitutional questions. The lawsuit remains active as the organization considers the implications of California’s action, officials noted in a press release.

The association now calls on California to “immediately cease and desist the implementation and threatened enforcement of the Advanced Clean Fleets policy, as the law is clear in regard to the state needing federal approval for its implementation. Not to mention, the policy is a clear violation of the U.S. Constitution.”

SEMA states it is not an anti-EV organization but believes a technology-neutral approach is the best way to achieve lower vehicle emissions.

“By declaring one technology as the preferred solution of government, California would have kneecapped other potential solutions, regardless of their promise for delivering the results the state seeks,” the release stated. “Now, innovators and the free market will have an opportunity to provide meaningful contributions to efforts to eliminate carbon emissions.”

SEMA noted that CARB’s ACF regulation includes requirements that only zero-emission vehicles (ZEVs) may cross within California’s borders, regardless of which state the vehicle was purchased or registered. Vehicles covered by the regulation range from heavy-duty tractors with sleeper cabs to work trucks, pickup trucks and light-duty package delivery vehicles.

In October, SEMA and The Work Truck Association (NTEA) filed suit in the U.S. District Court’s Eastern District of California against the California Air Resources Board (CARB), seeking immediate declaratory and injunctive relief to stop electric vehicle mandates CARB intended to implement through its ACF regulations.

“SEMA and its thousands of members in the automotive aftermarket industry are thrilled to learn of California’s decision on Advanced Clean Fleets, which represents a reprieve from the significant national implications that the policy would have wrought. Now, we demand that California immediately halt its premature implementation and enforcement action already underway,” said SEMA President and CEO Mike Spagnola. “SEMA will continue our efforts to ensure the defeat of any shortsighted attempts to enact EV mandates, and instead champion a technology-neutral approach that rewards innovation, ingenuity and practicality.”