Eastern Shore Times

Today, Governor Youngkin announced that Virginia’s participation in California’s emission standards will sunset at the end of the year.

The federal Clean Air Act prevents states from adopting their individual emission standards to avoid a state-by-state patchwork. However, a waiver exists for California, which has adopted stricter standards than the federal ones. States can either follow the federal standards or adopt California's.

In 2021, Democrats in the General Assembly passed a law directing the State Air Pollution Control Board to adopt California’s "Advanced Clean Cars I" standards. This plan required 35% of all new cars sold in Virginia by 2026 to be electric, whereas currently only about 9% of new car sales in Virginia are electric.

California later adopted "Advanced Clean Cars II," effective January 1, 2025, which prohibits the sale of new gas-powered cars after 2035. This change posed challenges for Virginia due to auto manufacturers' concerns about meeting the deadline and insufficient charging infrastructure.

The 2021 law mandated adherence to California's existing emission standards but not to subsequent updates like "Advanced Clean Cars II." Consequently, Virginia will revert to federal standards at year's end. The law was clear on adhering to "Advanced Clean Cars I" only; any intention to permanently align with California's evolving standards would have required explicit legislative action.

Governor Youngkin's actions are supported by an official opinion from the Attorney General and a background memo from the Secretary of Natural & Historic Resources.

Mike Cherry expressed satisfaction with this development: “I am glad to see the hard work of the Governor and Attorney General pay off in such a way that will benefit Virginians.”

Cherry encourages constituents needing assistance with state-related matters to reach out.