Legislation from U.S. Reps. John Moolenaar (R-MI), Jay Obernolte (R-CA) and Craig Goldman (R-TX) would limit California’s ability to put environmental standards on trains crossing into the state.
The Congressmen said the legislation, the LOCOMOTIVES Act, would close a loophole in the Clean Air Act that allows the California Air Resources Board to request waivers from the U.S. Environmental Protection Agency to implement its stricter environmental standards on interstate trains. Because the state legislation is stricter than federal standards, the legislation would essentially change the standard for locomotives across the country, the law makers argued.
“Nearly every industry relies on railway to ship their goods and access markets across the world. Unfortunately, bureaucrats in California maintain the ability to supersede federal standards and institute policies that would keep vital parts of Michigan’s economy, including the agriculture and auto industries, from accessing global markets. The LOCOMOTIVES Act is a commonsense proposal that stops California’s policies from impacting our state, and the rest of the country,” Moolenaar said.
In 2023, the CARB requested a waiver from the EPA that would prohibit trains older than 23 years old from operating in the state unless it operates on a zero emissions configuration. While the waiver was withdrawn last year, the state can resubmit a similar request at any time, officials said. If granted, it would effectively eliminate two thirds of the trains currently operating from crossing the state and prohibit them from accessing two of the largest ports in the country, the Congressmen said.
The legislation is endorsed by the U.S. Chamber of Commerce, the Association of American Railroads, the American Short Line and Regional Railroad Association, the North American Millers Association, the Supply Chain Federation, and the National Grain and Feed Association.
“We applaud Congressman Moolenaar’s leadership in introducing legislation that would prevent the possibility of unworkable and infeasible state regulation of locomotives involved in interstate commerce. This bill would close a Clean Air Act loophole that could be used by a state to circumvent federal regulation of locomotives and create a de facto national rule that would risk the viability of small business freight railroads,” Chuck Baker, president of the American Short Line and Regional Railroad Association, said.