Virginia Gov. Glenn Youngkin’s recently announced that he would pull the state from the California electric vehicle mandate at the end of 2024, when its current regulations expire.
Virginia’s Air Board had followed California’s Advanced Clean Cars I regulation since 2021, but while the two’s relationship has devolved since then along partisan lines, it was the recent adoption by the California Air Resources Board (CARB) of the Advanced Clean Cars II, set to take effect Jan. 1, 2025, that proved the breaking point. That plan will require all new cars sold starting in Model Year 2035 to be electric vehicles.
“Once again, Virginia is declaring independence – this time from a misguided electric vehicle mandate imposed by unelected leaders nearly 3,000 miles away from the Commonwealth,” Youngkin said. “The idea that government should tell people what kind of car they can or can’t purchase is fundamentally wrong. Virginians deserve the freedom to choose which vehicles best fit the needs of their families and businesses. The law is clear, and I am proud to announce Virginians will no longer be forced to live under this out-of-touch policy.”
Going forward, Virginia will revert to much lower federal emissions standards. Meanwhile, under the new plan, California will also roll out a number of interim milestones. These begin as early as Model Year 2026, at which time 35 percent of new cars sold will need to be electric vehicles, with requirements shifting up gradually from there. Auto manufacturers found to be selling standard automobiles out of compliance with the mandate could be charged fines in excess of $20,000 per vehicle sold.
In its rebuke of this, Virginia’s government noted that EVs accounted for only 9 percent of the total vehicles sold in Virginia in 2023. That would leave dealers bearing the costs, which could be passed onto consumers and, in the state’s view, overly burden small auto dealers and reduce economic growth.
“Today, I’ve issued an official Attorney General Opinion that confirms that Virginians are no longer legally bound to follow the emission standards of California,” Virginia Attorney General Jason Miyares said. “EV mandates like California’s are unworkable and out of touch with reality, and thankfully the law does not bind us to their regulations. California does not control which cars Virginians buy and any thoughts that automobile manufacturers should face millions of dollars in civil penalties rather than allowing our citizens to choose their own vehicles is completely absurd.”
Miyares earlier filed an opinion that Virginia could not legally be bound by California’s mandate.