II 118th CONGRESS 1st Session S. 2090 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Mullin (for himself, Mr. Marshall , Mr. Ricketts , Mr. Cruz , Mr. Barrasso , Mr. Cramer , Mr. Sullivan , Mr. Wicker , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to prevent the elimination of the sale of motor vehicles with internal combustion engines, and for other purposes.

1. Short title This Act may be cited as the Preserving Choice in Vehicle Purchases Act of 2023 . 2. State standards (a) Amendments Section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (B) in subparagraph (B), by striking , or at the end and inserting a semicolon; (C) in subparagraph (C), by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (D) the State standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines (as defined in section 63.9375 of title 40, Code of Federal Regulations (as in effect on January 1, 2023)). ; and (2) by adding at the end the following: (4) Scope of waivers The Administrator may not determine that any State standard amended after the date of enactment of this paragraph is within the scope of a waiver granted under paragraph (1) before that date of enactment. . (b) Effect on certain existing waivers The Administrator of the Environmental Protection Agency shall revoke a waiver that was granted under section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) during the period that begins on January 1, 2022, and ends on the date of enactment of this Act if the Administrator of the Environmental Protection Agency finds that the waiver does not comply with subparagraph (D) of paragraph (1) of that section (as amended by subsection (a)(1)(D)).