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Friday, September 20, 2024

Virginia ends compliance with California EV mandate effective end of year

State AG
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Attorney General Jason Miyares | Attorney General Jason Miyares Office

RICHMOND, Va. - Governor Glenn Youngkin announced today that Virginia will terminate its adherence to the California electric vehicle (EV) mandate by the end of 2024, coinciding with the expiration of California’s current regulations. This decision follows an official opinion from Attorney General Jason Miyares, prompted by a request from both Governor Youngkin and Senate Republican Leader Ryan McDougle.

Attorney General Miyares' opinion clarifies that Virginia is not obligated to comply with the new mandates established by the California Air Resources Board (CARB), which are set to take effect on January 1, 2025. The original legislation passed by the Virginia General Assembly in 2021 authorized Virginia's Air Board to adopt California’s "Advanced Clean Cars I" regulation under Section 177 of the federal Clean Air Act. However, CARB's recently adopted "Advanced Clean Cars II" requires all new cars sold in Model Year 2035 to be electric vehicles.

According to Attorney General Miyares' interpretation, Virginia law does not necessitate compliance with ACC II. Consequently, starting January 1, 2025, Virginia will adhere to federal emissions standards instead.

Under Advanced Clean Cars II, starting with Model Year 2026, 35% of new car sales would have been mandated to be electric vehicles, escalating to a full transition by 2035. Auto manufacturers selling non-compliant standard automobiles could face fines up to $20,000 per vehicle sold. Given that EVs constituted only 9% of vehicle sales in Virginia in 2023, such mandates might have led to significant financial penalties amounting to hundreds of millions of dollars.

These costs could potentially burden auto consumers and dealers in Virginia. Additionally, smaller auto dealerships might face substantial financial strain or even closure due to reduced funds for staff wages and business growth.

The complete opinion from Attorney General Jason Miyares is available [here](link).

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