AB 1346: Potential ban on gas-powered small off-road engines in the hands of regulator

California has a goal to achieve 100% zero emissions from off-road equipment by the year 2035. The path to making that happen, however, goes through the California Air Resources Board. On October 9, 2021, Gov. Gavin Newsom signed into law Assembly Bill 1346, that will require CARB to develop regulations to prohibit engine exhaust and emissions from small off-road engines, such as lawn mowers, leaf blowers, portable generators, and other equipment using small gasoline engines for power, by July 1, 2022.

While the new law aligns with California's overall goal of becoming carbon neutral by 2045, opponents of the bill raise concerns about the feasibility of zero-emission small off-road engines. Not only are battery-powered engines more expensive, but current battery technology in some cases cannot generate the torque necessary to achieve the power required to accomplish the tasks now performed by small off-road engines. The most common types of small off-road engines are lawn and garden equipment, and these types of battery-powered products also require frequent recharging which can be difficult in outdoor, rural and remote areas where such equipment is often used. Other considerations are the heatwaves stressing the electrical grid and fast-moving wildfires that have blanketed California in recent years, both causing sweeping blackouts at times. In such circumstances, an unreliable portable generator can add anxiety to an already tenuous situation. The stakes are higher for several other institutions, where functionality of backup generators can be the difference between life and death.

The California Legislature notes that small off-road engines emit significantly high levels of air pollutants. In 2020, the state's daily emissions of specific air pollutants from such engines were higher than emissions from light-duty passenger cars. Despite their high emission levels, small off-road engines previously were not highly regulated, one of the reasons the sponsors of the bill cited as to why this legislation was necessary.

The new law does not provide any specific guidance on what regulations CARB must adopt by July 1, only requiring that these new regulations be "cost-effective and technologically feasible." Small off-road engine manufacturers, distributors, retailers, and end-product users may wish to weigh in on the new CARB regulations. Those seeking assistance in navigating this rulemaking should work with experienced California environmental counsel. 

Tim Swickard is a shareholder and Madeline Orlando is an associate at .