Virginia Governor Glenn Youngkin announced the end of the California electric vehicle mandate in Virginia, effective at the end of 2024 when California’s current regulations expire. An official opinion from Attorney General Jason Miyares in response to a request by the Governor and Senate Republican Leader Ryan McDougle confirms that Virginia is not required to comply with expansive new mandates adopted by the unelected California Air Resources Board (CARB) set to take effect 1 January 2025.

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. 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.

—Governor Glenn Youngkin

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. 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.

—Attorney General Jason Miyares

In 2021, the Virginia General Assembly passed legislation authorizing Virginia’s Air Board to adopt California’s “Advanced Clean Cars I” regulation pursuant to Section 177 of the federal Clean Air Act. The California Air Resources Board (CARB) recently adopted “Advanced Clean Cars II,” set to take effect 1 January 2025, which would require 100% of new cars sold in Model Year 2035 to be electric vehicles.

An opinion from Attorney General Jason Miyares confirms the law, as written, does not require Virginia to follow ACC II. Therefore, the Commonwealth will follow federal emissions standards on 1 January 2025.

Under Advanced Clean Cars II, beginning in Model Year 2026, 35% of the new cars sold would have been required to be electric vehicles, moving up to 100% in 2035. If an auto manufacturer sells a standard automobile out of compliance with California’s mandate, they may be required to pay a fine upwards of $20,000 per vehicle sold.

Given that EVs only amounted to 9% of vehicles sold in Virginia in 2023, application of the mandates could have resulted in hundreds of millions of dollars in penalties.