Reported to Senate

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3135 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 619
119th CONGRESS
  2d Session
                                S. 3135

To require the Administrator of the Environmental Protection Agency to 
authorize manufacturers of certain vehicles to suspend engine derate or 
shutdown functions in prolonged cold weather conditions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2025

 Mr. Sullivan (for himself, Ms. Lummis, Mr. Curtis, and Ms. Murkowski) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           September 16, 2026

               Reported by Mrs. Capito, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
authorize manufacturers of certain vehicles to suspend engine derate or 
shutdown functions in prolonged cold weather conditions, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cold Weather Diesel 
Reliability Act of 2025''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) diesel vehicles are vital for critical 
        transportation and emergency services in cold weather 
        regions;</DELETED>
        <DELETED>    (2) in rural regions with prolonged freezing 
        conditions, diesel exhaust fluid storage, supply, and system 
        functionality are frequently unreliable and logistically 
        impractical on a year-round basis;</DELETED>
        <DELETED>    (3) automatic engine shutdowns and power 
        reductions due to emissions control malfunctions in extreme 
        cold pose serious, life-threatening risks; and</DELETED>
        <DELETED>    (4) emissions safeguards under the Clean Air Act 
        (42 U.S.C. 7401 et seq.) were never intended to jeopardize 
        human safety or impede critical mobility.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (2) Covered manufacturer.--The term ``covered 
        manufacturer'' means the manufacturer (as defined in section 
        216 of the Clean Air Act (42 U.S.C. 7550)) of a covered vehicle 
        or an engine of a covered vehicle.</DELETED>
        <DELETED>    (3) Covered vehicle.--The term ``covered vehicle'' 
        means an on-highway diesel vehicle or nonroad diesel 
        equipment.</DELETED>

<DELETED>SEC. 4. DIESEL ENGINE EMISSIONS RELIEF IN COLD WEATHER 
              REGIONS.</DELETED>

<DELETED>    (a) Cold Weather Sensor Mitigation Measures.--Not later 
than 180 days after the date of enactment of this Act, the 
Administrator shall revise any applicable regulation under the Clean 
Air Act (42 U.S.C. 7401 et seq.) that applies to covered vehicles or 
engines used in covered vehicles to authorize covered manufacturers to 
suspend inducement-related engine derate or shutdown functions that are 
triggered by emissions control system faults when ambient temperatures 
are at or below zero degrees Centigrade and to specify that no party 
other than a covered manufacturer shall suspend those inducement-
related derate or shutdown functions, subject to the conditions that--
</DELETED>
        <DELETED>    (1) the engine returns to normal emission control 
        operation, including inducement enforcement, once ambient 
        temperatures rise above zero degrees Centigrade; and</DELETED>
        <DELETED>    (2) continued maximum engine performance when 
        ambient temperatures are at or below zero degrees Centigrade is 
        necessary to prevent occupational danger, equipment failure, or 
        loss of essential transportation functionality in remote areas 
        with limited roadside support or emergency communications 
        access.</DELETED>
<DELETED>    (b) Relief to Regions With Prolonged Freezing 
Conditions.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator shall revise 
        any applicable regulation under the Clean Air Act (42 U.S.C. 
        7401 et seq.) to grant a year-round exemption from diesel 
        exhaust fluid system requirements any covered vehicle that--
        </DELETED>
                <DELETED>    (A) is primarily operated north of 59 
                degrees north latitude, as demonstrated by 
                documentation of commercial operation, domicile 
                location, or maintenance and dispatch records; 
                or</DELETED>
                <DELETED>    (B) encounters operational or logistical 
                conditions characterized by prolonged ambient 
                temperatures that--</DELETED>
                        <DELETED>    (i) are below the freezing point 
                        of diesel exhaust fluid; or</DELETED>
                        <DELETED>    (ii) otherwise make the use of the 
                        diesel exhaust fluid system 
                        impractical.</DELETED>
        <DELETED>    (2) Scope of relief.--In carrying out paragraph 
        (1), the Administrator shall grant to a covered vehicle 
        described in subparagraph (A) or (B) of that paragraph an 
        exemption from any requirement to include an engine derate or 
        shutdown function that is triggered by the absence, 
        degradation, malfunction, or fault of a diesel exhaust fluid 
        system, including any associated sensors or electronic control 
        modules.</DELETED>

<DELETED>SEC. 5. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act waives compliance with any emissions 
standard under the Clean Air Act (42 U.S.C. 7401 et seq.) outside of--
</DELETED>
        <DELETED>    (1) the temporary cold-weather operational mode 
        authorized under section 4(a); and</DELETED>
        <DELETED>    (2) the exemption from diesel exhaust fluid system 
        requirements under section 4(b).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cold Weather Diesel Reliability Act 
of 2026''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agricultural equipment.--
                    (A) In general.--The term ``agricultural 
                equipment'' means--
                            (i) nonroad diesel equipment and machinery, 
                        including tractors, combines, tillage 
                        implements, balers, planters, seeding 
                        equipment, and any other self-propelled 
                        equipment that is primarily designed for use in 
                        spraying, fertilizing, or harvesting covered 
                        commodities (as defined in section 1111 of the 
                        Agricultural Act of 2014 (7 U.S.C. 9011)); and
                            (ii) a nonroad diesel engine that powers 
                        equipment and machinery described in clause 
                        (i).
                    (B) Exclusion.--The term ``agricultural equipment'' 
                does not include a self-propelled machine designed 
                primarily for the transportation of persons or property 
                on a street or highway.
            (3) Covered manufacturer.--The term ``covered 
        manufacturer'' means the manufacturer (as defined in section 
        216 of the Clean Air Act (42 U.S.C. 7550)) of a covered vehicle 
        or an engine of a covered vehicle.
            (4) Covered vehicle.--The term ``covered vehicle'' means an 
        on-highway diesel vehicle or nonroad diesel equipment.

SEC. 3. DIESEL ENGINE DERATE RELIEF.

    (a) Cold Weather Sensor Mitigation Measures.--Not later than 180 
days after the date of enactment of this Act, the Administrator shall 
revise any applicable regulation under the Clean Air Act (42 U.S.C. 
7401 et seq.) that applies to covered vehicles or engines used in 
covered vehicles to authorize covered manufacturers of those covered 
vehicles or engines to suspend inducement-related engine derate or 
shutdown functions that are triggered by the emissions control system 
when ambient temperatures are at or below 20 degrees Fahrenheit and to 
specify that no party other than a covered manufacturer shall suspend 
those inducement-related derate or shutdown functions, subject to the 
condition that the engine shall return to normal operation once ambient 
temperatures rise above 20 degrees Fahrenheit.
    (b) Relief to Farmers and Arctic Regions.--Notwithstanding any 
other provision of law, not later than 180 days after the date of 
enactment of this Act, the Administrator shall revise any applicable 
regulation under the Clean Air Act (42 U.S.C. 7401 et seq.) to 
authorize covered manufacturers to permanently suspend inducement-
related engine derate or shutdown functions that are triggered by the 
emissions control system on--
            (1) agricultural equipment; or
            (2) a covered vehicle that is primarily operated north of 
        59 degrees north latitude, as demonstrated by documentation of 
        commercial operation and maintenance and dispatch records.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act waives compliance with any emissions standard 
under the Clean Air Act (42 U.S.C. 7401 et seq.).
                                                       Calendar No. 619

119th CONGRESS

  2d Session

                                S. 3135

_______________________________________________________________________

                                 A BILL

To require the Administrator of the Environmental Protection Agency to 
authorize manufacturers of certain vehicles to suspend engine derate or 
shutdown functions in prolonged cold weather conditions, and for other 
                               purposes.

_______________________________________________________________________

                           September 16, 2026

                       Reported with an amendment