DRAFT OPEI Board Book 0625

o NY A 2214, filed 1/15/2025 – “ban” (leaf blowers and lawn mowers) – Prohibits the sale of gas-powered leaf blowers and lawn mowers in the state by January 2027. o OR HB 2067, filed 1/13/2025 – “incentive” (leaf blowers) – Establishes a rebate program for battery-electric leaf blowers. o OR HB 2067, filed 1/13/2025 – “incentive” (lawn and garden equipment) – Establishes a rebate program for zero-emissions lawn and garden equipment. o RI SB 641, filed 3/7/2025 – ban – Bans state purchase of any gas-powered leaf blowers. 4/9/2025 Recommended to be held for further study. o RI HB 5343, filed 2/7/2025 – “ban” (leaf blowers) – Bans state purchase (July 2025) and use (July 2028) of gasoline-powered leaf blowers (including gas- generator powered or recharged electric leaf blowers). o TX 727, filed 1/7/2025 – “incentive” – Creates non-road engine purchase incentive program. o TX HB 862 (2025), filed 11/12/2024 – other – Prohibits labeling, advertising and sale of products as “zero emissions” (or equivalent) if GHGs are produced during use, manufacturing or to charge rechargeable batteries. o UT SB 124, filed 1/16/2025 – “ban” – Bans use of gasoline-powered lawn equipment for state government facilities by July 2027. 2/21/2025 failed in Senate. 2/24/2025 motion to reconsider filed. o VA SB 1171, filed 1/7/2025 – “ban” (leaf blowers) – Provides any locality may prohibit or regulate the use of gas-powered leaf blowers. o WI SB 184 / AB 161 – Filed 4/14/2025 – “ban a ban” – Prohibits state and local governments from restricting the use or sale of outdoor power equipment based on fuel source. Municipal Emissions/Noise Codes Montclair, NJ Leaf Blower Ban – A group of Montclair, NJ landscapers and residents filed a legal challenge in September 2023 in opposition to the city’s leaf blower ban. In support of the petitioners OPEI, EMA, NALP and TCIA filed an Amicus Brief, focused largely on the Clean Air Act’s prohibition on states (other than CA) and political subdivisions thereof from enforcing “emissions related” rules. In December the 3 rd Circuit denied the landscapers petition for an emergency injunction. Following the 3 rd Circuits injunction denial, the landscapers hired Van Ness Feldman to move forward with the challenge in the district court. Under the guidance of VNF the landscapers have dropped all but the Clean Air Act preemption claim (no state or municipality may adopt or enforce emissions regulations for <50hp engines). The Town of Montclair has indicated they intend to file a motion to dismiss once the amended complaint is filed. Counsel expects that the

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