RPM Act Passes First Legislative Hurdle | Performance Racing Industry
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RPM Act Passes First Legislative Hurdle
November 16, 2017
A House subcommittee voted to advance the RPM Act to the next legislative stage in Congress on Wednesday. The Subcommittee on the Environment voted 13-9 to send the bill to the Energy and Commerce Committee for further evaluation.
RPM Act Passes First Legislative Hurdle

This article originally appeared in THE SHOP magazine eNewsletter under the byline of Digital Content Editor Anthony Bowe.   

A House subcommittee voted to advance the RPM Act to the next legislative stage in Congress on Wednesday. The Subcommittee on the Environment voted 13-9 to send the bill to the Energy and Commerce Committee for further evaluation.

The vote came after Chris Kersting, SEMA president and CEO, testified in support of the Senate’s version of the RPM Act in front of the Subcommittee on Clean Air and Nuclear Safety on Tuesday. Kersting delivered prepared remarks before taking questions from the senators.

Among the 13 votes was one Democrat, Rep. Raul Ruiz (D-California), who voted to support the measure on Wednesday. Ruiz said he hopes can build a larger bipartisan coalition for the bill.

“Democrats would like to sit down and discuss the enforcement aspect that is lacking in this bill. They want a two-pronged protection approach,” said Ruiz. Prong one, he added, is to ensure modified race cars are used only at the track.

“The second step we need is clearly to address a problem we have with or without the bill, which is enforcing the Clean Air Act, and that’s what this bill lacks—and that’s specifically what people on this side of the aisle would like to see addressed with the improvement of this bill.”

Other Democrats said their votes could be earned by closing a perceived loophole.

“I rise in very reluctant opposition to (the RPM Act) because I’m a car girl. And while I support the goals of the bill, I feel it is drafted too broadly and could have some unintended consequences moving forward,” Rep. Debbie Dingell (D-Michigan) said. “I understand what the authors of the legislation are trying to accomplish. Like you, I love my afternoons at the Michigan International Speedway and I go a lot with my friends. I’m afraid the bill goes too far and could have unintended consequences on the EPA’s ability to crack down on the bad actors.”

The Recognizing the Protection of Motorsports Act of 2017 (RPM Act) currently has 140 sponsors (124 Republicans and 16 Democrats) from 36 different states. The bill, introduced by Rep. Patrick McHenry (R-North Carolina), would amend the Clean Air Act to allow the modification of a vehicle's air emission controls if the vehicle is used solely for competition. It was originally introduced in 2016 after EPA removed a proposed regulation challenging the legality of modifying street cars for racing.

EPA had sought "to clarify that the Clean Air Act does not allow any person to disable, remove, or render inoperative (i.e., tamper with) emission controls on a certified motor vehicle for purposes of competition.” That language was removed from a July 2015 document proposing new rules for heavy-duty vehicles, but lawmakers still drafted the RPM Act, citing EPA's changing interpretation of the Clean Air Act.