As the electric-vehicle movement gains ground, so do the Choice in Fuels and Choice in Vehicles movements, which aim to ensure consumers won’t lose their right to purchase petroleum-based fuels and biofuels—and cars and trucks fueled by them.
The consumer choice efforts have grown stronger in response to state legislation and local ordinances supporting electric vehicles to the detriment of the traditional petroleum fuels and biofuels industries. Many EV acts stem from the West Coast, where smog and high gasoline prices are propelling sales of electric vehicles and efforts to protect the environment from pollution linked to fossil fuel use.
Choice in Fuels
The Consumer and Fuel Retailer Choice Act of 2023 (Senate bill 785), introduced March 14 by Sen. Deb Fischer (R-Nebraska), would allow for the year-round sale of E15 blendsnationwide. The bill has 16 cosponsors, according to GovTrack.us. It’s a do-over of 2022 legislation by the same name, which was introduced by Democratic Rep. Angie Craig (D-Minnesota) and Rep. Adrian Smith (R-Nebraska). Fischer and Sen. Amy Klobuchar (D-Minnesota) sponsored the House companion bill. More than 250 energy and agricultural organizations have supported the choice in fuel acts.
Biofuels trade organization Growth Energy is one of the supporters. This year’s legislation would create a more level fuels marketplace permanently, “where ultimately the consumer gets to choose what they put in their vehicle,” said Emily Skor, CEO of Growth Energy, a biofuels trade organization.
Choice in Vehicles
The fuel act goes hand in hand with the Preserving Choice in Vehicle Purchases Act (H.R. 1435), which was introduced to the U.S. House March 8 by Reps. Bob Latta (R-Ohio) and John Joyce (R-Pennsylvania). The act would restrict the EPA from issuing Clean Air Act waivers for states banning the sale or use of new motor vehicles with internal combustion engines (ICEs), according to media reports. Reps. Gus Bilirakis (R-Florida) and Jay Obernolte (R-California) are cosponsors.
The American Fuel & Petrochemical Manufacturers (AFPM) supports the federal Preserving Choice in Vehicles legislation and opposes state mandates outlawing the sale of petroleum-powered vehicles by 2035, saying they would have a devastating impact on the economy and U.S. energy security. “It’s not the place of state regulators or government officials to try to put critical American industries out of business,” the AFPM said in a statement on its website.
“Every American should be able to choose the type of car or truck they want to drive,” said AFPM President and CEO Chet Thompson in a statement March 8. “Restricting consumer choice by eliminating competition and banning entire vehicle power trains is the wrong path to achieving cleaner transportation or supporting U.S. energy security; in fact, it could undercut both. Liquid fuels are an irreplaceable part of meeting future energy demand and will play an important role in reducing the carbon intensity of transportation,” Thompson said.
Thompson opposes the elected officials in California, who in supporting the EV movement, have been aggressive in their efforts to eliminate consumer choice in fuel and vehicle purchases.
California Watchdog
On Tuesday, March 28, California Democrat Gov. Gavin Newsom signed into law SBx1-2, his latest anti-big-oil action creating a watchdog agency within the California Energy Commission to protect consumers’ interests by providing an independent analysis of the petroleum market and pricing, with a goal of stamping out price gouging at the pump.
Staffed by market experts, economist and investigators, the watchdog division will be tasked with analyzing the petroleum market and investigating possible abuses of power leading to higher gas prices. It will refer violations of regulations to the California Attorney General, the Associated Press reported. The California Energy Commission will be authorized to determine a penalty for excessive gasoline prices. The law takes effect June 26.
Newsom used his political muscle to get the bill passed. It grew out of his call last October for a special legislative session to pass a new tax on oil company profits after the average price of gas in California hit a record high of $6.44 per gallon, according to AAA. Taking on the oil industry has been a major policy priority for Newsom.
In September 2022, Newsom issued an executive order requiring all new cars sold in the state be zero-emission vehicles by 2035. It followed the California Air Resources Board’s passage of new regulations requiring truck manufacturers to transition to making electric zero-emission trucks in 2024.
Local governments have shown support for Newsom’s actions through their own acts, including bans on new gas stations in their areas.
Minnesota Reaction
What’s good for California might not make it in other areas though.
California’s zero-emissions vehicle mandate favoring electric vehicles over those powered by petroleum and biofuels doesn’t belong in Minnesota, according to several business associations that have filed a lawsuit against Minnesota’s Pollution Control Agency, saying its decision to adopt the California regulation is illegal.
“The state shouldn’t let California tell Minnesotans what kinds of cars they can and can’t buy,” said Lance Klatt, executive director of the Minnesota Service Station & Convenience Store Association. The association was one of several business organizations to file the legal challenge to the mandate in U.S. District Court for the District of Minnesota.
Elected officials in other states are taking their own tacks in trying to prevent the rapid spread of electric vehicles. In Florida, State Sen. Jonathan Martin (R-Fort Myers) has suggested EVs could pose a safety risk to the public during hurricane evacuations because they could run out of energy in gridlock and therefore their use should be limited, according to the Tampa Bay Times. But those who oppose a ban on EVs suggested Florida stock up on portable EV chargers.