House Speaker Andrew Romanoff and Senate President Joan Fitz-Gerald voiced support for California and 11 other states as they seek a waiver from the federal government allowing them to implement “Clean Cars” legislation.

In late 2004, California adopted the first state standards requiring cars and light-duty trucks to limit emissions that contribute to global warming. Since then, 11 other states have adopted California’s tailpipe emissions standards. However, the EPA must first approve California’s waiver in order for all 12 states to enact legislation cutting global warming pollution from tailpipes. California applied for its waiver in late 2005, but the EPA has yet to OK it.

Colorado’s tourism industry employs 200,000 people, jobs which could be imperiled if climate change continues to affect Colorado’s snowfall, rivers and land.

Below is the written testimony submitted by President Fitz-Gerald and Speaker Romanoff.

Speaker Romanoff:

http://www.coloradodems.org/docs/RomanoffEPATestimony.pdf

President Fitz-Gerald

May 29, 2007

Stephen Johnson, U.S. EPA Administrator
Environmental Protection Agency

Dear Mr. Johnson:

Thank you for the opportunity to submit written testimony to the Environmental Protection Agency (EPA) regarding California’s petition for a waiver to cut global warming pollution from motor vehicles and, thus, the ability for Colorado and other states to enact similar standards.

We feel that this issue of federalism and states rights is of enormous importance. While we currently have no “Clean Cars” program enacted, we urge the EPA to protect Colorado’s right to set strong air quality standards and our ability to cut global warming pollution from motor vehicles.

Colorado is home to the nation’s leading research institutions studying climate change and its effects, including the National Oceanic & Atmospheric Administration and the National Center for Atmospheric Research as well as leading contributors to the Intergovernmental Panel on Climate Change (IPCC). The science is clear and convincing that we must address global warming. Our great state of Colorado, our country, and our nation will face dramatic consequences if we do not take decisive action at all levels of government to cut global warming pollution.

The facts present in this case, without question, allow for states such as Colorado to adopt motor vehicle emission standards consistent with California as empowered under the Clean Air Act. The Clean Air Act allows states with poor air quality the right to choose between compliance with federal vehicle emission standards or adopting more protective standards implemented by the State of California.

In late 2004, California adopted first-of-their-kind standards requiring cars and light-duty trucks to limit emissions that contribute to global warming. Since then, 11 other states have adopted the California tailpipe emissions standards. However, the EPA must first approve California’s waiver in order for California and the 11 other states to enact legislation cutting global warming pollution from tailpipes.

California’s package of standards clearly meets the criteria for a waiver of preemption under the Clean Air Act. First, the standards are at least as protective of public health and welfare as the federal standards. The federal government has not even set global warming emission standards for vehicles.

Regarding the other waiver criteria, it is clear that California continues to face compelling and extraordinary conditions that justify the need for separate state standards. Global warming poses a compelling and extraordinary threat to California’s environment, public health, and economy. It will worsen air quality, threaten water supplies for people and agriculture, and damage important ecological systems.

California and the rest of the United States-including my home state of Colorado-already are feeling the effects of global warming, which will only get worse as temperatures continue to rise. In April 2007, the IPCC warned that in the West, global warming will threaten water security, intensify the wildfire season, and increase heat waves. In particular, we are concerned about global warming’s effect on skiing and our tourism and outdoor recreation economy.

The IPCC also concluded, however, that we can avoid, reduce or delay many of these impacts if we quickly and significantly reducing global warming pollution. Scientists say that nationally we need to reduce global warming emissions from today’s levels by the end of this decade, by at least 15-20% by 2020, and by at least 65% by 2050 in order to avoid the worst impacts of global warming. Given the compelling need to cut global warming pollution and the extraordinary consequences of failing to do so, the twelve states which have adopted motor vehicle global warming pollution standards are providing much-needed leadership by being the first to cut global warming pollution from cars and light trucks.

Second, under the law, EPA can deny California’s waiver request if it finds that the state standard is “arbitrary and capricious”-that there’s no rational connection between the facts found and the choice made. In this case, California acted based upon the facts-that cars and SUVs are a major contributor to global warming pollution-and rationally acted to reduce that pollution at the source. California’s standards were developed over four years with careful and measured technical review and public input.

The fact is that passenger vehicles are the largest source of global warming emissions in the states, responsible for approximately 40% of carbon dioxide emissions in the state. California’s program would significantly cut global warming pollution from passenger vehicles in the state. By 2015, new cars would be required to emit 34% and light trucks 25% less global warming pollution on average.

California and the other states that have adopted the California program account for more than one-third of the U.S. auto market. According to an analysis by the U.S. Public Interest Research Group, by 2020 the cumulative emissions reductions achieved by the 12 state clean cars programs will be equivalent to taking 74 million of today’s cars off the road for an entire year. This is a big dent in the emissions reductions we need to achieve to avoid the worst effects of global warming.

Finally, California’s standards are feasible. They can be met with technology already in the market and will save vehicle owners in lower maintenance and operating costs over the lifetimes of the vehicle. The standards give automakers flexibility to apply any technology they choose to reduce global warming emissions, including production of vehicles that use lower carbon fuels.

In conclusion, the Bush Administration’s failure to grant California’s waiver 18 months after it was requested is more than just a bureaucratic power play-it marks a clear decision to cater to powerful special interests over the future of America’s quality of life and public health. Global warming demands immediate action at the local, state and federal levels. The Bush Administration should grant California’s waiver request and affirm the power of Colorado and other states the power to cut global warming pollution from motor vehicles.

Joan Fitz-Gerald
President
Colorado State Senate

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