Bills · S. 3135 · Text
Reported to Senate
Confirmed from the official record
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[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