LEGISLATIVE RESOLUTION urging the United States Environmental Protection
Agency to grant California its waiver necessary to achieve greenhouse
gas reductions from motor vehicles as required by state law

WHEREAS, California has implemented more stringent motor vehicle air
emissions regulations than the federal government for over 40 years; and
WHEREAS, In recognition of the pioneering role of the state in
protecting public health and welfare from motor vehicle emissions, the
United States Congress enacted subdivision (b) of Section 209 of the
federal Clean Air Act (42 U.S.C. Sec. 7543(b)) that allows the Adminis-
trator of the United States Environmental Protection Agency (Administra-
tor) to waive federal preemption of state motor vehicle standards estab-
lished; and
WHEREAS, Once a waiver is granted to California for that regulation,
other states may adopt the vehicle emission standards established by
California; and
WHEREAS, According to the Congressional Research Service, California
has requested waivers of preemption under subdivision (b) of Section 209
of the federal Clean Air Act (42 U.S.C. Sec. 7543(b)) for vehicle emis-
sion standards more than 50 times since that provision was enacted, and
the Administrator has never denied such a request, but instead always
granted the requests, in whole or in part; and
WHEREAS, The President of the United States, Barack Obama, has
directed the Administrator to reconsider California's waiver request
that was rejected by the previous Administration; and
WHEREAS, The Administrator has started the process to reconsider
California's request; and
WHEREAS, An analysis by the State Air Resources Board shows that the
California standards, once fully adopted, would result in, by 2020,
twice the amount of carbon dioxide cumulative reduction emissions in
California and an 80 percent greater reduction in carbon dioxide emis-
sions nationally, than would be achieved under the federal act; and
WHEREAS, New York, 12 other states and the District of Columbia have
already taken steps to follow California's emissions standards that
include the new greenhouse gas reductions, which, according to Environ-
ment America, will reduce global warming pollution by more than 450
million metric tons by 2020 - a reduction equivalent to eliminating all
of the pollution from 84.7 million of today's cars for a year; and
WHEREAS, This Legislative Body supports the State of California's
right under the Clean Air Act to set stricter standards than the federal
government for motor vehicle emissions and the rights of other states to
follow the State of California's standards; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
urge the United States Environmental Protection Agency to grant Califor-
nia its waiver necessary to achieve greenhouse gas reductions from motor
vehicles as required by state law; and be it further
RESOLVED, That this Legislative Body opposes preemption of state laws
and regulations that are stronger than Federal laws or regulations to
reduce global warming emissions; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to the President and Vice President of the United States, the
Speaker of the House of Representatives, the Majority Leader of the
Senate, each member of the New York State Congressional delegation and
the Administrator of the United States Environmental Protection Agency.