Upcoming Zero Emission Vehicle (ZEV) Regulation
With the closing of the 2019 legislative session on Friday, May 3rd, the business community was finally able to get above water after a grueling five months. Unfortunately, for the auto industry and its partners opposing the Governor's ZEV mandate, the respite will be brief.
Typically, when a change with such a dire economic impact and such sweeping ramifications on consumer choice and vehicle availability is considered, it is done through the legislature. This keeps the public conversation out in the open and allows the public to contact their legislature to express deeply held convictions regarding the proposal. Contrarily, the ZEV rule was directed to be heard before the Air Quality Control Commission. This is a group of nine commissioners, appointed by the governor, who will make this rule on a majority vote (5 commissioners).
As the schedule would have it, the meeting to determine whether or not the Agency enters into a rulemaking session on ZEV is this Friday, May 10th, at 9:00 am. That is five days after the end of the legislature.
Typically, when a state promulgates a regulation, there input from stakeholders drives the policy and the state decides how to best implement its new regulation. However, in this instance, the proposal at the desk is a wholesale adoption of California's governing principles. Colorado will be "adopting by incorporation", meaning we will essentially say that California regulation number (insert number here) is law in Colorado, too.
To prepare witnesses, CADA will host a breakfast and pre-briefing at 7:00 am on May 10th, leading a group of dealers and industry partners across the street to the Commission hearing around 8:15 to ensure that everyone in the group wishing to speak is heard. If you would like to attend, please contact Matthew Groves at 303-282-1449 for details and location.
We suspect that should this rule go forward, the rulemaking hearing will occur in early August. This will be the time for debate on the merits of a ZEV mandate and its connection - or lack thereof - to increased air quality. CADA heavily encourages participation in this hearing as well so that the silent majority is not subrogated to the very vocal environmental caucus that speaks primarily for the Denver/Boulder metro areas.