In a significant move, Governor Glenn Youngkin of Virginia has announced that the state will be exiting the California electric vehicle (EV) mandate by the end of this year. The decision, effective when California's current regulations expire, comes after an official opinion from Attorney General Jason Miyares confirmed that Virginia is not legally bound to comply with the upcoming expansive EV mandates set by the California Air Resources Board (CARB).

Governor Youngkin expressed his stance against the notion of government dictating the type of cars people can purchase, stating that Virginians deserve the freedom to choose vehicles that best suit their needs. He emphasized that Virginia will no longer be subjected to this out-of-touch policy imposed by unelected leaders thousands of miles away.

Attorney General Miyares echoed the sentiment, calling EV mandates like California's unworkable and detached from reality. He emphasized that the law does not bind Virginia to such regulations, asserting that in Virginia, automobile manufacturers should not face civil penalties, and citizens should have the autonomy to choose their vehicles.

The Virginia General Assembly had previously passed legislation authorizing the adoption of California's "Advanced Clean Cars I" regulation under the federal Clean Air Act. However, CARB's recent adoption of "Advanced Clean Cars II" introduced further mandates, requiring 100% of new cars sold in Model Year 2035 to be electric vehicles.

Attorney General Miyares' opinion confirms that Virginia is not legally obligated to follow ACC II. Consequently, starting from January 1, 2025, Virginia will adhere to federal emissions standards instead.

Senator Ryan McDougle, who co-patroned legislation to repeal CARB's mandate, expressed the need for Virginia to determine its own laws rather than be influenced by California politicians. He emphasized that issues facing the Commonwealth should be addressed by Virginians elected to serve the state, not by officials located thousands of miles away.

Under Advanced Clean Cars II, the requirement for electric vehicles would have increased to 35% of new cars sold in Model Year 2026, eventually reaching 100% in 2035. Auto manufacturers failing to comply with California's mandate could have faced fines up to $20,000 per vehicle sold. If implemented, these misguided mandates could have resulted in significant financial penalties for Virginia auto consumers and dealers, potentially causing the permanent closure of many small auto dealerships.

The Governor's decision to exit the California EV mandate reflects a commitment to safeguarding the rights and choices of Virginia residents and businesses. With the enforcement of federal emissions standards from 2025 onwards, Virginians can operate under a less burdensome regulatory framework, allowing them to make informed decisions regarding their transportation needs.

For more information, the Attorney General's opinion can be found here, and a formal memo from Secretary of Natural and Historic Resources Travis Voyles to regulated entities and the Department of Environmental Quality can be found here.