by Dick Hall-Sizemore
This
is a follow-up to Steve Hanerโs article on Gov. Youngkinโs announcement that Virginia will not be bound by California regulations on electric vehicles after this year.
The Governorโs announcement is a lawyerโs dream. There are different ways to interpret the laws and regulations involved and, so, off to court we go.
First, some background to refresh your memory. The 2021 General Assembly passed legislation saying the Air Pollution Board may adopt a zero emission vehicle (ZEV) regulation, using the California standards. The language also included some โshallsโ placing conditions on that authority.
The Air Pollution Board adopted such a regulation. The regulation includes, by reference, specific California regulations. Those California regulations are listed in a section of the Virginia regulation.
California decided to upgrade its ZEV regulation. However, instead of amending the regulation on the books, it repealed it, effective the end of this year, and adopted new regulations. Therefore, the Virginia regulation adopts a California regulation by reference that will no longer be in effect after this year. (In the documents that are flying around, the current California regulation is referred to as ACC I and the new one as ACC II. (โACCโ is the acronym for โAdvanced Clean Carsโ, not Atlantic Coast Conference.) (more…)













