Seventeen states must decide whether to adopt an electric vehicle mandate in California.

Seventeen states must decide whether to adopt an electric vehicle mandate in California.

A range of Electrify America charging stations with a capacity of 150 and 350 kW. Maryland in September 2019. Source – Ken Fields, CC SA 2.0.

The seventeen states that tie their vehicle emission standards to California’s rules must decide whether to follow that state’s strict new rules.

As many readers remember, August 25 Associated Press reported that California is on the path to ending the era of gasoline-powered cars, and air regulators have adopted the world’s strictest zero-emission vehicle regulations.

The decision by the California Air Resources Board to make all new cars, pickup trucks and SUVs electric or hydrogen by 2035 is likely to change the US auto market, which gets 10 percent of its sales from the nation’s most populous state.

Thus, under the Clean Air Act, states must comply with the federal government’s standard vehicle emissions standards unless they at least partially choose to follow California’s stricter requirements.

States that have adopted California vehicle standards
under Section 177 of the Federal Clean Air Act

The states shown above have enacted California Low Emission Vehicle (LEV) regulations, pollutant and greenhouse gas emissions (GHG) regulations, and zero emission vehicle (ZEV) regulations under Section 177 of the Clean Air Act ( 42 USC §7507), starting with the model year (MY) as shown below. The table is current as of May 13, 2022.

Among them, Washington, Massachusetts, New York, Oregon, and Vermont are expected to host California ban on new gasoline-powered vehicles. Colorado and Pennsylvania are among the states that probably won’t. The legal basis is a little more nebulous in Minnesota, where the state’s “Clean Cars” rule was political minefield and the subject of litigation. Meanwhile, the Republicans riot in Virginia.

According to San Francisco examiner The Minnesota Automobile Dealers Association says it believes state and federal laws are such that the new California rules will automatically go into effect in the state, and it is suing to try to block them.

“The technology is such that cars just don’t perform as well in cold weather,” said Scott Lambert, president of the trade group. “We don’t all live in southern California.”

Until September 7, Oregon regulators are accepting public comments on whether or not California’s new standards should be adopted. Colorado regulators that have adopted the old California rules will not follow the new ones, the administration of Democratic Gov. Jared Polis said.

“While the Governor shares the goal of a rapid transition to electric vehicles, he is skeptical of the requirement that 100% of vehicles sold be electric by a certain date as technology changes rapidly,” the Colorado Energy Authority said in a statement.

Virginia was well on its way to adopting California rules under legislation passed last year with Democrats in full control of the Virginia government. But Republicans, who control the House of Delegates and GOP Gov. Glenn Youngkin, say they will push for the disunity of their state.

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