Jamie Long Attachment We, the 58 undersigned members of the Minnesota Legislature, offer the following comments in support of the Minnesota Pollution Control Agency’s Proposed Rules Adopting Vehicle Greenhouse Gas Emissions Standards—Clean Cars Minnesota, Minnesota Rules, chapter 7023. We appreciate the opportunity to comment in these proceedings and encourage adoption of the rules as necessary and reasonable, and commensurate with the public interest and Minnesota law. Clean Cars Minnesota has been the subject of significant public interest and discussion. As legislators, we have participated in robust ongoing dialogue regarding the merits of the proposed rules with our constituents, stakeholders, and each other. This careful and deliberate scrutiny has led us to the conclusion that the proposed rules will benefit Minnesotans and should be adopted. Statutory Authority and Legislative Intent As current members of the legislative branch, we are uniquely positioned to offer our perspective on the authority and responsibilities granted to the agency by the Legislature specific to vehicle emissions as well as the agency’s general rulemaking authority. The powers and responsibilities of the Minnesota Pollution Control Agency (MPCA) are described in Minnesota Statutes Chapter 116. Of particular relevance to the proposed rules, Section 116.07, Subdivision 2, states “the agency shall also adopt standards of air quality, including maximum allowable standards of emission of air contaminants from motor vehicles…”. This provision demonstrates in very specific terms the Legislature’s intent that MPCA is expected to adopt standards of the exact type now proposed by the agency. This language was adopted in 1967, which means that the Minnesota House and Senate have had 54 regular sessions in which we could have reconsidered and agreed upon a repeal or amendment of this section of law. We have not done so, and additionally note that the entire 2020 regular session as well as seven special sessions have occurred subsequently to MPCA’s initial request for comment on the proposed Clean Cars Minnesota rules in October 2019. The Legislature has had ample opportunity to enact statutory changes in response to this administrative action and has not done so. Finally, MPCA’s statement of need and reasonableness (SONAR) correctly references Minnesota’s greenhouse gas reduction goals, passed by the Legislature in 2007 and now found in Minnesota Statutes 216H.02, Subdivision 1. The SONAR goes on to describe MPCA’s analysis that the transportation sector is Minnesota’s largest source of greenhouse gas emissions, and that adoption of the proposed rules would reduce these emissions. We submit that an agency adopting rules in response to rigorous evaluation of compliance with a legislatively mandated statewide goal is aq-rule4-10z4 precisely the type of scenario the Legislature envisioned when the Administrative Procedures Act was adopted. Need and Benefit of Clean Cars Minnesota Pollution from motor vehicle emissions presents a very real and serious public policy concern. As elected officials, we are well aware of the strong public interest in reducing all forms of pollution that impact our climate and the public health of Minnesotans. Climate change is the source of extreme weather like heat waves and polar vortexes that not only stress our health but also our built infrastructure like roads and bridges. Air pollution wreaks havoc on our hearts and lungs, particularly for those communities living near busy roadways and who are often the most vulnerable among us. Reducing emissions from tailpipes through tried-and-true policies like clean car standards is not only reasonable, it’s very much needed. The proposed rule will also improve choices for Minnesota consumers seeking to purchase an electric or very low emission vehicle. Manufacturers have consistently signaled – including on the record in legislative testimony – that the greatest volume and variety of the electric vehicles they produce will be distributed first to states that have adopted clean cars standards. We have heard this message repeated directly from Minnesotans who couldn’t find the electric models they wanted to buy in their home state and who shared their stories during the two-day public hearings held on Clean Cars Minnesota held at the end of February. Finally, we recognize that adoption of these rules sends a clear market signal to the global automotive industry that Minnesota is ‘open for business’ as the electric vehicle manufacturing and distribution supply chains continue to grow and generate new jobs. Reasonableness and Practicality of the Proposed Rule The proposed rule follows clean cars standards previously adopted by numerous other states, where they have been successfully implemented and maintained. Minnesota is in a unique position now to benefit from the direct experience of these peer states, which include oil and gas producers (e.g. Colorado) and states with cold climates (e.g. Maine and Vermont). As of this writing, 14 states and Washington D.C. have already adopted the LEV standard and 12 states have adopted the ZEV standard. It is notable that Virginia is on track to formal adoption of these rules, and Quebec has also adopted ZEV standard modeled off of the U.S. clean car standards. All this points to a reasonable set of rules that automakers are perfectly capable of adhering to, and in fact have already adhered to for eight years on a national level given that the proposed LEV standard historically matched the national tailpipe emissions standards from 2012 through 2020. Misinformation About the Proposed Rule We have been alarmed at the degree to which the scope and substance of the proposed rule has been factually misrepresented, including at the Legislature and as part of this record. Let us be clear. The proposed rules do not affect any existing vehicle in Minnesota. They do not apply to farm equipment, off-road, or to heavy-duty vehicles. They do not impose restrictions on Minnesota consumers and do not prevent Minnesotans from buying the vehicle of their choice. They also will not raise the price of food crops, forbid the operation of diesel generators for rural electric co-ops, or even remotely ban the sale of gas-powered passenger vehicles. We have heard as well from representatives of auto-dealers and the automotive industry that purchase incentives, dealer incentives and training resources, and charging infrastructure investments would help the industry in the coming years. Legislation is currently pending to pursue these worthy ideas, all of which can be done concurrently with or in advance of the adoption of Clean Cars Minnesota given the two-year window between adoption and implementation. In summary, we recommend adoption of the Minnesota Pollution Control Agency’s Proposed Rules Adopting Vehicle Greenhouse Gas Emissions Standards—Clean Cars Minnesota, Minnesota Rules, chapter 7023. These rules are reasonable, practical, fully consistent with Minnesota statute and would be a prudent step toward reducing our contribution to global climate change while also lowering the air pollution that so often overburdens and harms the most vulnerable Minnesotans. Rep. Jamie Long Rep. Frank Hornstein Rep. Rick Hansen Sen. Scott Dibble Sen. Nick Frentz Sen. Patricia Torres-Ray Dem. Leader Susan Kent Sen. John Marty Sen. Ann Rest Sen. Greg Clausen Sen. Matt Klein Sen. Lindsey Port Sen. Mary Kunesh Sen. Steve Cwodzinski Sen. Melisa Franzen Sen. Ann Johnson Stewart Sen. Jennifer McEwen Sen. Jason Isaacson Sen. Chris Eaton Sen. Jim Carlson Sen. Melissa Wiklund Sen. Sandra Pappas Sen. Chuck Wiger Sen. Ron Latz Sen. Kari Dziedzic Sen. Omar Fateh Sen. Karla Bigham Sen. Foung Hawj Sen. Jerry Newton Maj. Leader Ryan Winkler Rep. Kaela Berg Rep. Alice Hausman Rep. Mike Freiberg Rep. Dave Pinto Rep. Todd Lippert Rep. Cedrick Frazier Rep. Zack Stephenson Rep. Liz Reyer Rep. Michael Howard Rep. Patty Acomb Rep. Jay Xiong Rep. Laurie Pryor Rep. Fue Lee Rep. Steve Elkins Rep. Jamie Becker-Finn Rep. Jim Davnie Rep. Sandra Feist Rep. Steve Sandell Rep. Andrew Carlson Rep. Sydney Jordan Rep. Jennifer Schultz Rep. Kristin Bahner Rep. Liz Olson Rep. Liz Boldon Rep. Tina Liebling Rep. Athena Hollins Rep. Kaohly Her Rep. Leon Lillie Jo Olson Attachment Comment Submission for Proposed Rules Adopting Greenhouse Gas Emissions Standards (36416) The following comments are submitted by Fresh Energy on behalf of 743 Minnesotans Regarding Clean Cars Minnesota Rulemaking March 15, 2021 To: Administrative Law Judge Jessica Palmer-Denig OAH Docket No. 71-9003-36416 408 Saint Peter Street, Suite 350, Saint Paul, MN 55102 www.fresh-energy.org Name: Ina Ziegler Zip Code: 55406 Comment: I support Clean Cars Minnesota. Cars and trucks on the roads are a major source of air pollution in Minneapolis. I live near Lake Street and worry about the soot and ozone released from every car, truck, and bus that passes my home. I understand that most people rely on a gas-powered vehicle of some kind to get around, but we have an opportunity in Minnesota to clean up our air with clean car standards. Clean Cars Minnesota would help reduce air pollution from transportation and make our state healthier. I support this plan! OAH Docket No. 71-9003-36416 Name: Susan Williams Zip Code: 55449 Comment: I have owned a plug-in hybrid electric vehicle (a Chevrolet Volt) since 2012, and there are so many advantages, just starting with a tremendous reduction in gas usage! The regenerative braking is a boon for winter driving in slippery conditions--every car should have it (you can slow down without brakes)! And maintenance costs are also less. Most importantly though, more electric cars is one big way to address climate change. I wholeheartedly support clean air standards that promote electric vehicles! OAH Docket No. 71-9003-36416 Name: Scott Burtness Zip Code: 55105 Comment: I support Clean Cars Minnesota. Buying a car or truck is a big decision with so many factors to consider.