Senate Leaders Ask Governor to Disavow Rogue Rulemaking

Denver -- Senate President Kevin Grantham (R-Canon City) and Senate Transportation Committee Chairman John B. Cooke (R-Greeley) today released a letter they sent to Colorado Governor Hickenlooper, asking him to disavow the state Air Quality Control Commission’s (AQCC) new plan to adopt California’s Zero Emissions Vehicle (ZEV) rules and Electric Vehicle (EV) sales mandates.

Grantham and Cooke say in the letter that the rulemaking goes beyond the Governor’s June 19 executive order and that the Commission’s August 16 vote, where it shifted the rulemaking focus from low emissions to zero emissions mandates, was conducted improperly. “We believe that action was improper…since there was no public notice of the contemplated action on ZEV emission standards prior to the August 16 Commission meeting,” the lawmakers wrote.

The Senators also ask the Governor to remind the Commission members that his June 19 executive order did not propose or support going beyond adopting California’s Low Emissions Vehicle (LEV) rules. “Such action would be respectful of the Commission’s independent status while reaffirming your personal views,” explained Grantham and Cooke.

Cooke shared the letter with the press because he thinks the public should know that the Governor’s claim that his executive order did not authorize, direct or even contemplate ZEV rulemaking is contradicted by his regulatory agency’s use of that executive order in its official announcements. Cooke highlights the contradiction by pointing to state’s public notice announcing the first stakeholders meeting on the ZEV rulemaking, which cites a Hickenlooper executive order that does NOT include mention of ZEV mandates.

The full text of the Grantham-Cooke letter to the Governor can be read here.

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