California Air Board’s Amended Fuel Standards Rejected by Review Agency

An electric vehicle charging station in Irvine, Calif., on Nov. 28, 2023. John Fredricks/The Epoch Times

The California Air Resources Board (CARB) was notified Feb. 18 that its amendments to the state’s low carbon fuel standard, adopted in November, do not meet state law.

The state’s Office of Administrative Law, which reviews and publishes proposed regulations made by state agencies, issued a notice Tuesday disapproving the amendments because they lacked clarity and involved incorrect procedure. The notice did not elaborate and said it would send the board an explanation within seven days.

CARB passed the state’s Low Carbon Fuel Standard in 2009, after the state passed its California Global Warming Solutions Act in 2006. The standard went into effect in January 2011 and aims to reduce the carbon intensity of transportation fuels sold in California by setting annual standards for carbon emissions.

The amendments were meant to strengthen air quality regulations and incentivize alternative vehicle power sources—such as electric, hydrogen, and biofuels—in the state’s race to ban fossil fuels.

Hundreds of people spoke against the board’s adoption of the amendments in November, saying the changes could raise gasoline prices by up to 65 cents per gallon. Regulators suggested the effect would be less and approved them in a 12-2 vote.

Gov. Gavin Newsom has set the nation’s most aggressive goals to eliminate fossil fuel use within the state’s borders, and CARB is made up mostly of the governor’s appointees.

CARB members said they would wait to hear more from the Office of Administrative Law—expected next week—before filing for another review.

“CARB anticipates receiving more information from [the Office of Administrative Law] detailing its reasons for the decision soon,” CARB wrote Tuesday. “As shown in the notice of disapproval, [the office] has identified inconsistencies of specific regulatory amendment provisions with the clarity standard in [state code].”

The board’s staff plans to address the concerns and resubmit within 120 days, which is allowed under law.

State Senate Minority Leader Brian Jones reacted positively to the decision Tuesday.

“Interestingly, Newsom oversees the Office of Administrative Law that just paused his 65-cent gas price hike,” the Republican wrote on X. “I can’t imagine Newsom letting them do this without his approval.

“He’s feeling the heat and it’s time to turn up the pressure! Our voices make a difference. We will keep fighting until we bring these gas prices down!”