Lawmakers weigh delay of Advanced Clean Trucks rule as industry and health groups clash

Lawmakers weigh delay of Advanced Clean Trucks rule as industry and health groups clash

The House Committee on Climate, Energy, and Environment on Thursday heard competing testimony on House Bill 3,119, a bipartisan measure that would prohibit the Oregon Department of Environmental Quality from implementing or enforcing the Advanced Clean Trucks (ACT) regulation before Jan. 1, 2027. The bill seeks a two-year pause to allow more time for vehicle availability, charging infrastructure and other program supports, proponents said; opponents argued a delay would prolong diesel pollution and harm public health.

DEQ Director Leah Feldon and Rachel Takata, DEQ’s transportation section manager, briefed the committee on the rule’s purpose and current implementation status. Feldon said DEQ is monitoring changes at the federal level and multistate coordination and “takes concerns over this issue very seriously.” Takata told lawmakers that transportation accounts for roughly 35% of Oregon’s greenhouse gas emissions and that medium- and heavy-duty trucks emit about 9.3 million metric tons of greenhouse gases annually. She described the ACT rule — adopted by California in 2020 and by Oregon’s Environmental Quality Commission in 2021 — as a manufacturer-focused sales standard that requires increasing percentages of zero-emission or near-zero vehicles in annual sales starting in the 2025 model year.

Takata summarized key design elements of the rule: early credits for zero-emission vehicle sales, a deficit-makeup period allowing manufacturers up to three years to make up shortfalls, interclass credit trading in most classes, and a low-volume manufacturer exemption for firms averaging fewer than 500 medium and heavy-duty vehicle sales in a model year. She said the class 7–8 tractor category (long-haul semitractors) lacks many flexibilities in the rule and is where implementers and industry are most likely to encounter challenges.

DEQ acknowledged infrastructure and availability concerns cited by industry. Takata said Oregon currently has one large-scale public medium- and heavy-duty charging station capable of accommodating trucks and 68 medium/heavy chargers registered under DEQ’s Clean Fuels program. DEQ also said about $21 million is available for rebates and grants for medium- and heavy-duty trucks, and roughly $35 million is available for charging infrastructure grants; the agency said permanent rulemaking will follow the temporary rule and will include public advisory committees and stakeholder processes.

Supporters of a delay emphasized operational limits for many Oregon businesses. Representative Shelley Bossard Davis (R-HD 15) told the committee the current market and infrastructure cannot support mandated sales targets for many vehicle types and that small businesses and specific operators — tow companies, log haulers and snowplow services — would face particular hardships. Darren Harbick, who said he operates a self-loading log truck, described steep elevation changes, remote loading sites and multitrip daily routes he said would be impractical for current battery-electric trucks.

Industry witnesses echoed that assessment. Jana Jarvis of the Oregon Trucking Association told members that battery-electric heavy trucks have limited range especially under heavy loads and in cold or mountainous conditions and that electric trucks reduce payload capacity while costing two to three times more than diesel equivalents. Sean Waters, vice president of product integrity for Daimler Trucks North America, said manufacturers have invested heavily in electric trucks but that charging infrastructure and a viable business case for fleets are not yet widespread, particularly for class 8 tractors. Jordan Pappe of The Pappe Group and other dealers argued the ACT rule’s makeup and credit provisions do not eliminate near-term commercial and compliance risk for truck sellers and fleets.

But manufacturers of zero-emission vehicles urged against a delay. Tom Van Heeky, senior policy advisor at Rivian, and Nolani (Noelani) Derickson of Tesla said delaying the rule would chill investment and disrupt credit banks manufacturers have built since 2021. Tesla noted its Semi product and existing high-speed chargers it said already support long-haul operation in some fleets, while Rivian said credits and early sales position non-tractor fleets to meet early-year compliance obligations.

Public-health advocates opposed HB 3,119. Mary Pivetto, co-director of Neighbors for Clean Air, and Brett Morgan of Climate Solutions cited diesel particulate emissions as a known carcinogen and an environmental-justice issue for communities near freight corridors, ports and distribution centers. Morgan noted that many Oregon counties continue to experience elevated health risk from fine particulate (diesel) pollution and said the ACT rule is one tool to reduce that pollution.

Representative Kevin Mannix raised a statutory and governance question: he questioned the legislature’s delegation of standard-setting authority to DEQ under the Clean Air Act’s Section 177 framework, which requires identical adoption of California standards. Mannix said the committee should consider whether such decisions require clearer legislative direction.

No committee vote or recommendation on House Bill 3,119 was recorded during the hearing. The chair allowed a large number of registered commenters limited three-minute testimony slots and said the committee would accept written records and consider follow-up questions from members before moving forward.

Ending

The committee closed the public hearing without action; members and DEQ staff said they would continue stakeholder engagement and follow the developing multistate and federal policy landscape before any final legislative steps.