The HPBA-supported legislation, S. 1857, to extend the effective date for three years (from May 15, 2020 to May 15, 2023), was finally voted on by the Senate Committee on Environment and Public Works (EPW) on September 18, 2018. During the markup, EPW Democrats offered an amendment that would: (1) strip the extension language; (2) provide one year of sell-through of Step 1 products (to May 15, 2021) past the Step 2 effective date; (3) authorize EPA to establish (not fund) a national changeout program; and (4) codify Step 2 of the NSPS, thus preventing EPA from ever in the future making changes to Step 2 of the NSPS.
This last piece of language, by itself, made the amendment unacceptable. The bill is now eligible for consideration by the full Senate. However, any action likely won’t occur until after the November elections. Our bill would have to be an amendment to a larger package of “must-pass” legislation such as a funding bill. Although it is unclear whether this opportunity will arise, we urge all HPBA members to contact their Senators to ask them to cosponsor the bill. The bill still needs additional Democratic support to increase the likelihood of success. Please contact Rachel Feinstein if you have any questions.