NORFOLK, Va. — Virginia won't follow California's regulations phasing out sales of new gas-powered vehicles, Gov. Glenn Youngkin announced Wednesday in a move that potentially ducks state law tying the Commonwealth to the mandates.
The change will take effect at the end of 2024, when California's current regulations expire, according to a news release from Youngkin's office.
“The idea that government should tell people what kind of car they can or can’t purchase is fundamentally wrong," Youngkin, a Republican, wrote in a news release. "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.”
The move is an escalation of Youngkin's efforts to untie Virginia from California's standards, which would have led to all new cars and light trucks sold in the state having zero emissions. However, it wouldn't ban the use of gas-powered vehicles or the sale of older gas-powered vehicles.
In a press conference, Wednesday afternoon, Youngkin expressed support for electric vehicles but says the restraints of the advanced clean car program prevent Virginians from choosing the car they want.
"The idea that unelected bureaucrats in California should be deciding for Virginians, what car they drive is wrong,” Youngkin said.
The federal Clean Air Act allows California to enact its own emission standards for new motor vehicles, pending a waiver approval from the Environmental Protection Agency. Other states aren't allowed to do that, but they can adopt California's emission standards, which Virginia did under a state law enacted in 2021 to reduce carbon emissions coming from gas-powered vehicles.
Miyares' legal opinion argues that the 2021 law prompted the Virginia Air Pollution Control Board to adopt California's first round of emission standards — which expires Dec. 31 — but Virginia's adoption of the more stringent second round of regulations including the 2035 ban is optional.
"When the general assembly passed this bill they used language like may...Virginia’s air pollution control board has never approved, never adopted, these ACC-2 regulations,” Miyares said.
His opinion contradicts a statement made to 13News Now in 2022 in which a spokesperson acknowledged that the state is legally bound to California regulations and expressed hope that the General Assembly would repeal the 2021 law. Since then, several repeal attempts have failed in the legislature, including in the recent 2024 session.
In a memo on Wednesday, Secretary of Natural and Historic Resources Travis Voyles criticized the state's potential adoption of California's regulations as "an aggressive, forced transition" that would hurt consumers.
"This announcement by the Governor will return to those in the Commonwealth the freedom to choose which vehicles best fit the needs of their families and businesses and provide increased certainty in ensuring that Virginia’s laws and regulations are not tied to imprudent policies from states like California," Voyles wrote.
Voyles also stated that Virginia will revert to federal emission standards under the Clean Air Act.
Youngkin's announcement received a mixed reaction along party lines, with Republicans and the National Petrochemical and Refiners Association praising the move as financial relief for Virginians.
"Today’s announcement ending the electric vehicle mandate is unvarnished good news for Virginians," House Republican Leader Todd Gilbert wrote in a statement. "Beyond the obvious financial burden this mandate placed on hard-working Virginia families, it's been clear for years that it’s simply not a realistic goal to end the sale of all new gas-powered cars."
Environmental groups, however, accused the Republican governor of sidestepping state law.
“This latest attack on clean car standards is further proof that Governor Youngkin thinks he can sidestep the laws he doesn’t like," Sierra Club Virginia Chapter Director Connor Kish wrote. "Advanced Clean Car Standards boost our economy, increase market choice, and save lives. Virginians deserve a Governor who prioritizes their health and future. The people of Virginia and our democratic processes are not Gov. Youngkin’s hedge fund.”
The Chesapeake Bay foundation also opposes the governor’s withdrawal from clean car standards.
"Virginia chose to adopt more protective vehicle standards because the Commonwealth chose to be a leader in the fight against transportation emissions that damage Virginians’ health, pollute critical waterways, and contribute to climate change. Governor Youngkin’s decision sends the state in the wrong direction when it has never been more urgent to address this major driver of environmental and health problems in the Commonwealth. The Governor’s action relies on an Attorney General’s Opinion that misinterprets the law and undermines the clear intent of the General Assembly to require the Air Pollution Control Board to not only adopt clean car standards but also to periodically update them to ensure continued progress toward transitioning Virginia to a cleaner vehicle fleet.”
This is a developing story. Check back for updates.
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