More States and Auto Dealers Fight Back Against California’s EV Car and Truck Mandates

For the past several years, multiple states have followed California on two key electric vehicle mandates. One is the 2035 gas-powered car sales ban. And then the other is the 2042 Advanced Clean Fleets rule, which states that all trucks in California must be zero-emissions by 2042. While there are others, such as the 2036 diesel big rig truck and bus sales ban, the first two are the primary policies.

Currently on board the 2035 mandate are California, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington, with partial signing-ons by Colorado, Delaware, Minnesota and New Mexico. A few more have signed with the 2042 mandate, comprising of California, Washington, New Jersey, New York, Vermont, New Mexico, Rhode Island, Colorado, Maryland, Massachusetts, and Oregon. Several states are also currently contemplating it, including Maine, Connecticut, Hawaii, and North Carolina.

But as 2025 approaches, the EV market is facing a lot of issues. While 10% of all new car sales nationwide are now electric, EV sales have diminished to a trickle. The incoming Trump administration has also been looking at removing several electric car policies, including getting rid of the federal rebate. And in California, EV car sales have actually been slipping compared to last year, making it highly unlikely that the state won’t reach its 2026 goal of having a 35% sales share of EV vehicles. Governor Gavin Newsom and other lawmakers in Sacramento have been scrambling to keep sales up, with Newsom giving misleading claims on EV vehicle sales and vowing to bring back the state rebate should Trump remove the federal rebate.

It isn’t just California either. Most states are now struggling to keep up with EV sales mandate goals. The reasons are many. For some, the demand just isn’t there. For others, the charging network isn’t extensive yet, with complaints abounding with how long charge times are. Many have also called for a longer transition period augmented with hybrid vehicles instead of such a drastic and callous decision to go straight electric vehicle.

This has caused states to rebel. Many have already left the 2035 mandate, including Virginia, with others currently debating whether to pull out. And this week, New Jersey auto dealerships and truck sellers have been actively fighting the 2042 mandate. While truck manufacturers are tied to the New Jersey version of the mandate, truck dealers are not, causing headaches for state lawmakers in Trenton, who are now contemplating delaying implementation of the rules to give more time for compliance. New Jersey isn’t the only state either, as a consumer backlash has been growing apparent with the slipping sales. Michigan not only dropped its EV mandate attempts, but even have Democrats opposing the laws during the election this year in the Wolverine state.

A fight over mandates

Federally, the debacle has been mixed. In September, Biden’s attempts at an EV mandate failed in the House, with even some Democrats voting against it. However, earlier this month, the EPA approved California’s mandates, potentially making it harder for the next administration to remove state-level EV sales bans, such as California’s 2035 and 2042 mandates.

Which brings everything back to the upcoming year. Biden has attempted to preserve state EV mandates, but Trump has vowed to remove the mandates. Trump’s EPA had even attempted to undo California’s mandate until Trump lost the 2020 election. But that federal undoing is near the top of his to-do list, with many states now looking to roll back on those policies next year as a result. And that’s if they even need to be rolled back, as a federal ban would simply make that moot.

“What we have been seeing in New Jersey is indicative of how most states who have adopted those California mandates are feeling right now,” said Veronica Deer, an auto industry analyst who focuses on the electric market. “California’s mandates went for too much, too fast. And like you said, didn’t even offer any transitionary time. That’s why they’re failing.

“Electric vehicles would also see natural growth as long as more charging networks are built and you can make charging as easy and fast as gassing up a tank. That’s really been the setback for people. The charging times and the cost. Especially for those in colder climates, as cold weather charging takes a lot longer.

“The entire industry is waiting to see what Trump does. If he manages to get rid of the mandates and tosses out California’s 2035 law, we’ll have some uncertainty in the industry on where to go. But, what will likely happen is that it will follow what the market wants, which right now is a gradual shift to hybrid and electric. California and the others with mandate laws, those are forced compliance. So those mandate laws suddenly gone, well, dealers in California will have to do the math and see what they need to stock.

“But next year, yeah, it will be if Trump federally nixes those mandates, and if he does, what the state lawsuits will look like, because you know California is going to sue.”

Trump administration action on the California-style state mandates is expected to be announced early next year.