Youngkin pulls Virginia out of electric vehicle mandate

Virginia Governor Glenn Youngkin announced earlier this week that Virginia would end its participation in the California electric vehicle mandate at the end of the year, when California's current regulations expire. Youngkin cited an official opinion from Virginia Attorney General Jason Miyares, who wrote that Virginia is not required to comply with new mandates adopted by the California Air Resources Board that will take effect Jan. 1.

In 2021, the Virginia General Assembly passed legislation authorizing Virginia’s Air Board to adopt California’s “Advanced Clean Cars I” regulation related to the federal Clean Air Act. The new measure adopted by the CARB will require 25% of all new cars sold in model year 2026 and all new cars sold in model year 2035 to be electric.

Miyares, however, found that the General Assembly's legislation doesn't require Virginia to follow the new guidelines; instead, it will follow the federal emissions standards beginning Jan. 1.

In California, car manufacturers who do not comply with the new measure will face fines of as much as $20,000 per vehicle sold.

In a statement emailed to supporters, Youngkin said that the California mandate was "misguided." "When far-left progressives had total control over our commonwealth, they passed a misguided bill that made Virginians subject to a policy dictated from [California Gov.] Gavin Newsom – a policy that would have forced Virginians to buy electric vehicles and punish Virginia auto dealers for selling gas-powered cars. 
 
Look, if you want to buy an electric vehicle, that's your decision. But Virginians must have the freedom to make that decision on their own, not because Gavin Newsom tells you to. . . By ending this mandate, you now have the freedom to drive the car that is best for you and your family instead of being dictated to by California. “

The move was met by criticism from Democrats and some other organizations, including the American Lung Association.

“There’s a law that’s on the books. The law says that we shall join the California Air standard,” Virginia Senate majority leader Scott Surovell told reporters during a Zoom call, according to National Review. “He just simply doesn’t have the legal authority to say that we can get out whenever we feel like. This is not how democracy works.”

The American Lung Association’s “State of the Air” 2024 report found that more than 1.3 million Virginians live with asthma or other respiratory illness, including 146,000 children living with pediatric asthma.

“Today’s announcement by the governor to block the implementation of this key clean air standard is deeply disappointing from a public health perspective,” said ALA Director of Advocacy for Virginia Aleks Casper. “Virginians deserve the strongest possible protections against traffic pollution that increases the risk of asthma attacks and premature death. The Virginia legislature voted to adopt these standards, and later attempts to overturn the Advanced Clean Cars Program failed to pass the General Assembly this year. The governor’s announcement today side-steps the legislature and its clear support.

"Transitioning to zero-emission transportation and electricity would result in $29.7 billion in public health benefits, 2,700 avoided deaths, and 70,900 avoided asthma attacks in Virginia. The Lung Association calls on state leaders to ensure Virginia continues to participate in this key air quality program.”