Virginia will no longer follow California’s electric vehicle regulations starting next year, Gov. Glenn Youngkin’s office announced Wednesday.
“Virginia is once again declaring its independence, this time from a misguided electric vehicle mandate imposed by unelected leaders nearly 3,000 miles away from our state,” Youngkin said in a statement.
Youngkin has opposed green energy mandates enacted by the previous administration, particularly the Regional Greenhouse Gas Initiative, but the announcement came as a surprise because the decision was thought to be in the hands of the General Assembly.
Youngkin urged state lawmakers earlier this year in the legislative session to repeal a 2021 law that would have tied Virginia’s auto emissions standards to those of California, but the bill never made it out of committee because of the Legislature’s Democratic majority.
However, U.S. Attorney General Jason Miyares issued a public statement that was undoubtedly highly controversial.[ing] Virginia will not have to comply with sweeping new regulations adopted by the unelected California Air Resources Board (CARB), which are set to take effect on January 1, 2025.”
The governor held a press conference Wednesday afternoon where he proudly declared Virginia had freed itself from California’s policies.
“I have the honor of officially announcing the introduction of California electric vehicles to Virginia. The notion that the government should be telling Virginians what kind of car they should drive is simply wrong,” Youngkin said.
Federal law limits state autonomy regarding motor vehicle emissions. States must comply with federal motor vehicle emissions standards but can adopt California’s stricter standards.
In 2021, under a Democratic governor and Democratic-majority state legislature, Virginia passed several bills that dramatically changed the state’s energy and environmental situation, including the Virginia Clean Economy Act, which committed Virginia to transitioning its power grid entirely to green energy by 2050, and another that linked Virginia’s electric vehicle policy to that of California.
California requires that 100% of new car sales must be zero-emissions by 2035, and can fine automakers that don’t comply.
Republicans have opposed the ban in Virginia since it was introduced but have been unable to overturn it through the legislative process, but Miyares seems confident he has found a legal loophole.
In 2012, California adopted the Advanced Clean Car Program I, which regulates vehicle emissions standards from 2015 to 2025. In 2022, California adopted the Advanced Clean Car Program II.
“The Virginia Air Pollution Control Board never approved or adopted these ACCII (Advanced Clean Car Program II) regulations. ACCI had a clear deadline that expired on Dec. 31 of this year,” Miyares said.
Miyares also noted in “permissive” language that Virginia law allowed the state to waive California’s clean car policy in 2025, referring to ACCI as the first program.
“As Virginia’s Attorney General, I can reach no other conclusion than that California’s ACCII binding provisions are no longer in effect and Virginians have their consumer freedom once again,” Miyares said.
Republicans have voiced support for the move, appreciating that their state’s environmental policies will no longer be tied to California’s.
“Virginians, not unelected California bureaucrats, should be able to choose the vehicle that best suits their family’s needs,” Republican Senate Majority Leader Michael McDougle wrote on X.
“Amazing!! This has to be one of the dumbest policy decisions forced upon Virginians during the 2020/2021 Democrat takeover,” Republican Rep. Nick Freitas of Culpeper wrote on X.
The Virginia Democratic Party has yet to issue an official response to the news.
