by Hugh McQuaid CTNewsJunkie
A nonpartisan office tasked with conducting legal analysis of proposed regulations has recommended rejecting a proposal to phase out the sale of new gas-powered vehicles in Connecticut ahead of an already uncertain vote in a key committee next week.
The recommendations from the Legislative Commissioners Office, dated Nov. 17, calls for rejection of the regulations without prejudice as a result of drafting errors like minor discrepancies between the proposal and the California regulations on which it is based.
For instance, LCO cited ambiguity created by the Connecticut proposal’s use of the term “qualifying community-based clean mobility program” where California’s regulations refer only to “community-based clear mobility program.”
In an email, Will Healey, a spokesperson for the the Department of Energy and Environmental Protection, said the agency was pleased that LCO did not contest the department’s authority to issue the regs and noted that the office recommended approval of a similar measure applying to emissions standards for trucks.
“The LCO’s technical corrections for both packages are easily implemented. It is common practice for the LCO’s Office to return proposed regulations with these kinds of corrections,” Healey wrote.
“Following this review from the LCO’s Office, along with the Attorney General’s Office’s favorable legal sufficiency review of the regulations, DEEP looks forward to presenting these regulations and answering any questions the Legislative Regulation Review Committee may have at its meeting on Nov. 28,” he said.
Although the discrepancies and other technical errors may be easily corrected by the department, the recommendation to reject the regulation could provide skeptical lawmakers on the Regulation Review Committee reason to reject the already fraught proposal when the panel meets on Tuesday.
At issue are pending emissions regulations that would require auto manufacturers to sell an increasing share of zero-emission vehicles until 2035, when new gas-powered vehicle sales would be discontinued entirely.
The regulations stem from a bipartisan 2004 law linking Connecticut’s vehicle emissions standards to those adopted by the state of California rather than less stringent standards authored by the federal Environmental Protection Agency.
However, the proposal itself has become a political wedge issue with Republicans arguing the legislature had not contemplated the phase-out of gas-powered vehicles when it adopted the law.
And the uniquely structured Regulation Review Committee is made up of an even number of Democratic and Republican legislators, meaning it would take only one dissenting vote from a Democratic member to reject the proposals and send the issue back to the broader legislature.
At least one Democrat on the panel, Sen. Cathy Osten of Sprague, has publicly been skeptical of the change, especially on its impact in the rural sections of eastern Connecticut where electric vehicle charging stations are more sparse.
In an interview Wednesday, Rep. Lucy Dathan, a New Canaan Democrat who co-chairs the Regs Review panel, said it was difficult to say how the committee would vote on the issue.
“The situation is very fluid right now and we are still assessing all the different outcomes and conversations are still going on,” Dathan said. “I know it is a priority of the governor and I am very supportive of him and this effort.”
After a televised news conference on Monday, Gov. Ned Lamont, whose environmental protection agency has advocated for the clean air regs, told reporters he was concerned about next week’s vote, laying blame at the feet of Republicans, who have conducted a series of town hall style forums on the issue.
“Republicans are pulling back on their environmental commitments so it’s easy to see this go the other way,” Lamont said. “Then it goes back to the legislature.”
If adopted, Connecticut would join several other states including its neighbors Massachusetts, New York, and Rhode Island in embracing emissions standards. On Tuesday, New Jersey Gov. Phil Murphy’s administration filed its own regulations to adopt the California standards.
“To be the first state in the country to renege on a commitment that we made first in 2004 and then again a couple of years ago, that’s a setback,” Lamont said. “If we have to change course later, do so. Don’t do it now.”
However, the change has been met with staunch opposition from industries like fuel sellers and trucking companies who have framed the regulations as too aggressive and sure to raise the cost of consumer goods.
In a Wednesday press release, Chris Herb, president and CEO of Connecticut Energy Marketers Association, said the technical issues identified in the LCO recommendations were only part of the problem.
“Connecticut is not ready for an EV-only future,” Herb said. “We are urging lawmakers on the Regulation Review Committee to reject the proposal if it comes to a vote on Tuesday and if necessary, let the Connecticut General Assembly take over the process and debate it.”
Meanwhile, environmental advocates at the Connecticut League of Conservation Voters sought this week to increase pressure on Democratic legislative leaders to urge the committee to adopt the regulations and avoid delaying the implementation of the clean air standards.
“We really need to have everyone who cares about climate, clean air and the public health effects of the emissions we’re trying to curb, they need to step up and lead the charge, push things forward and make sure they public understands they want to see these regs happen, that it’s in the best interest of the public,” Lori Brown, the group’s executive director, said Tuesday.