Bill would end electric vehicle mandate

May 31, 2025 1

A bill to cancel the state’s zero-emission mandate for vehicles is still in play, but only if the California plan that Delaware follows is revoked.

Senate Bill 140, sponsored by Sen. Brian Pettyjohn, R-Georgetown, would cancel a zero-emission vehicle mandate that would require an increasing percentage of new vehicles sold each year in the state to be ZEVs. However, the California Advanced Clean Car II program adopted by Delaware two years ago remains uncertain.

The Trump administration came out against ZEV mandates in its Unleashing American Energy order signed in January, but any change to the California plan could end up in court. Gov. Matt Meyer has also said he is not a fan of the mandate, and he believes people should be able to buy whatever vehicle they want.

Pettyjohn said he would pull his bill if the mandate is reversed through federal action, but for now it remains in play.

In an earlier statement on his bill, he said, “Electric vehicles have a place in our transportation future, and anyone who wants to buy one should be free to do so. But EVs are not a realistic option for every Delawarean, especially those living in rural areas, those with long commutes or people without access to reliable charging infrastructure. This one-size-fits-all mandate ignores those realities and pushes us closer to an energy supply crisis.”

In 2023, the Department of Natural Resources and Environmental Control adopted California’s Advanced Clean Car II program with some modifications for Delaware. The adopted plan would start in 2026 with model year 2027, requiring 43% of new cars and trucks sent to Delaware for sale to be ZEVs, increasing to 82% by 2032. The regulation was set to expire in model year 2033.

SB 140 would prohibit DNREC from enacting regulations that limit the sale of new gas- and diesel-powered cars, trucks and SUVs, and prevent DNREC from enforcing any future regulations that restrict the sale of vehicles currently legal under Delaware’s clean-car standards. The bill would not impact existing emissions requirements but would halt the agency’s ability to pursue California-style bans on fuel-powered vehicles.

“Delaware’s electric grid is already under increasing strain. Forcing more EVs onto car lots, and subsequently into garages, will only compound the problem,” Pettyjohn said. “We should be working to expand energy options and consumer freedom, not limit them.”

The bill awaits consideration in the Senate Environment, Energy & Transportation Committee.