Virginia Democrats uphold state's EV mandate despite growing opposition: 'Defy common sense'

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Democrats in the Virginia state Senate voted to kill a Republican bill that would have repealed a 2021 law that tethers the state's air standards to those set in California and, therefore, adopts a 2035 electric vehicle (EV) mandate.

In a party-line 8-6 vote Tuesday, the Virginia state Senate Agriculture, Conservation and Natural Resources Committee voted against the Republican-sponsored Senate Bill 3. The vote came during a public hearing in which both Republican lawmakers and private residents voiced their support for the bill and opposition to the state's California-inspired EV mandate regulations.  

"I know people are passionate about this, I know people want clean air and clean water, as do I," GOP state Sen. Richard Stuart, a lead sponsor of Senate Bill 3, said during the hearing. "But sometimes we have to deal with the reality of the situation that we're in and the reality of the situation that we're in is we simply cannot mandate Virginians to buy an electric vehicle. The goal is absolutely impossible."

"I call the bill – it's a bill to un-California Virginia," added fellow Republican state Sen. John McGuire. "I think most Virginians would agree that we should set our own policy. Legislators in California, we did not elect, and we did not vote for this policy in Virginia. And I think that sets a dangerous precedent in many areas. The electric car vehicle program is just not working."

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Dozens of Virginia residents expressed opposition to the state's electric vehicle mandate during the Senate committee hearing Tuesday. (Virginia General Assembly/Video screenshot)

Supporters of the legislation, including Stuart and McGuire, expressed concern that the state doesn't have sufficient charging infrastructure for EVs, that EVs are far more expensive than gas-powered alternatives, that EV manufacturing is heavily reliant on Chinese supply chains, and that the U.S. EV sector is heavily reliant on raw material supplies sourced from foreign nations.

During the hearing Tuesday, both supporters and opponents of Senate Bill 3 each had a total of five minutes to speak, leaving several residents without the ability to voice concerns about the EV mandate. After Committee Chairman state Sen. Dave Marsden, a Democrat who later acknowledged there are problems with the EV mandate, asked supporters of the legislation to stand up, the vast majority of attendees rose.

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"I feel like we have conceded our sovereignty to California," said Chris Holmes, a Virginia resident. "We need to repeal this bill, bring back our own rule of law, represent those who you represent with your laws. Do not allow California representatives to enforce laws in Virginia."

"I think electric vehicles are great – I drive one. But I think now is the wrong time to force consumers to buy EVs. I don't believe the government should be telling us what we can or can't be buying," added fellow resident Duke Truong, noting his high electricity bills and cost of replacing parts on his EV.

A driver charges his electric vehicle at a charging station in Monterey Park, California, on Aug. 31, 2022. (Frederic J. Brown/AFP via Getty Images)

Opponents of the Republican bill mainly included clean energy advocacy and environmental organizations like the Sierra Club and Southern Environmental Law Center.

Democrats on the Agriculture, Conservation and Natural Resources Committee, meanwhile, have repeatedly swatted down attempts to repeal the state law tying air standards to those set in California. Republican Gov. Glenn Youngkin, though, has made repealing the law and the EV mandate a priority, saying in his recent State of the Commonwealth address that Virginians should "decide what car they drive."

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"It’s disappointing that when given the option to choose their constituents in Virginia or California bureaucrats, Democrats in Richmond continue to side with bureaucrats 3,000 miles away," Youngkin spokesperson Christian Martinez told Fox News Digital in a statement. "Government mandates like this for electric vehicles, which defy common sense, will hold Virginians hostage to higher costs and fewer choices."

"Governor Youngkin believes we should be empowering Virginians to make their own choice over the car they drive and will continue to work to lower costs and put power where it belongs – with the people," he continued.

"We must reject the current misguided law that allows California to dictate our vehicle laws," Republican Virginia Gov. Glenn Youngkin said during his State of the Commonwealth address on Jan. 10. (Al Drago/Bloomberg via Getty Images)

In March 2021, Democratic Gov. Ralph Northam signed the legislation – the so-called Clean Cars bill – in an effort to bolster Virginia's clean energy transition and boost the number of electric vehicles sold throughout the state.

State Republicans opposed the legislation at the time Northam signed it into law and again expressed their ire in August 2022 when a California environmental agency moved forward with a rule requiring all new vehicle sales to be electric – and banning new gas-powered car sales – beginning in 2035.

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In addition, more than 10 states, including Virginia, have laws in place that tether their vehicle emissions standards to those set in California, meaning the EV mandate would impact tens of millions of Americans nationwide. Overall, it is estimated that the states adopting California's 2035 rule represent more than 40% of total U.S. car purchases.

"We know as a society that we have a problem with pollution," Democratic state Sen. Barbara Favola said at the end of the hearing. "We know that we have not honored the commitment to keep our Earth green and to pass on to our children an environment that is really worthy of their future."