New York Governor Kathy Hochul announced last week the state intends to adopt California’s newest automotive standards, which were enacted in August, calling for all new light-duty vehicles sold in the state by 2035 to be either electric or plug-in hybrids.

In a statement, Hochul said she has instructed a state environmental agency to draft and approve regulations adopting California’s plan, which establishes criteria for zero-emission vehicles that increase annually beginning in 2026 and phase out sales of new gasoline-only vehicles by 2035. 

Before the regulations are published, however, the agency will hold a public hearing.

“New York is a national climate leader and an economic powerhouse, and we’re using our strength to help spur innovation and implementation of zero-emission vehicles on a grand scale,” Hochul said.

“With sustained state and federal investments, our actions are incentivizing New Yorkers, local governments, and businesses to make the transition to electric vehicles. We’re driving New York’s transition to clean transportation forward, and today’s announcement will benefit our climate and the health of our communities for generations to come.”

What the law requires

As of model year 2026, 35% of new light-duty vehicle sales must be zero-emission vehicles; by 2030, 68% of sales must be zero-emission vehicles; and by 2035, 100% of sales must be zero-emission vehicles. Model year 2026 through 2034 passenger cars, light trucks, and medium-duty vehicles equipped with internal combustion engines will also see new pollution requirements. Manufacturers who don’t fulfill their goals must purchase credits from those who have, or they risk paying $20,000 for each vehicle they don’t manufacture.

Importantly, the requirement does not prohibit anyone from keeping or purchasing used internal combustion vehicles after 2035.

Hochul is accelerating the legislation she formalized last year, which set the deadline of 2035 for ending sales of all vehicles with internal combustion engines. By 2045, the legislation mandated that all new medium- and heavy-duty trucks adhere to the same standards.

Nationally, President Biden set the goal of having 50% of all sales be electric or plug-in hybrid vehicles by 2030, but no laws have been put in place. Senators from California have requested that Biden announce a deadline for the government to stop selling internal-combustion vehicles nationwide, but the administration has not yet done so.

Other states could follow

Seventeen states follow California emissions standards: Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont and Washington. In all, those 17 states command 36.5% of U.S. new light vehicle sales.

Three of them have trigger laws, which applies the new mandate once it’s approved. In Virginia, the trigger law has become the center of a political fight, with Republican Governor Glenn Youngkin labelling the situation “ludicrous.” Meanwhile, in Minnesota, they’re not ready to ban the sale of ICE vehicles just yet. Their charging network is far less developed than California’s, where EVs now account for 15% of the market. 

However, Oregon, Washington and Massachusetts have stated they plan to follow California’s lead. 

Federal officials have no mandate for phasing out sales of ICE vehicles, but anticipate that 17% of automobiles will be plug-in hybrid or purely electric by 2026. The feds want EVs and PHEVs to comprise 50% of the fleet in 2030.