Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(b) In addition to the definitions
incorporated under subdivision (a), the following definitions shall govern the
provisions of this chapter;
(1) "Add-on part"
means any aftermarket part which is not a modified part or a replacement
part.
(2) "Consolidated part" means
a part which is designed to replace a group of original equipment parts and
which is functionally identical of those original equipment parts in all
respects which in any way affect emissions (including durability).
(3) "Emissions-related part" means any
automotive part, which affects any regulated emissions from a motor vehicle
which is subject to California or federal emission standards. This includes, at
a minimum, those parts specified in the "Emissions-Related Parts List," adopted
by the State Board on November 4, 1977, as last amended June 1, 1990.
(4) "Gaseous fuels" means any liquefied
petroleum gas, liquefied natural gas, or compressed natural gas fuels for use
in motor vehicles.
(5) "Heavy-duty
engine" means an engine which is used to propel a heavy-duty vehicle.
(6) "Heavy-duty vehicle" means any motor
vehicle having a manufacturer's gross vehicle weight rating greater than 8,500
pounds, except passenger cars.
(7)
"Identical device" means a crankcase emission control device identical in all
respects, including design, materials, manufacture, installation and operation,
with a device which has been certified by the Air Resources Board or the Motor
Vehicle Pollution Control Board pursuant to the Health and Safety Code, but
which is manufactured by a person other than original manufacturer of the
device.
(8) "Independent low volume
manufacturer" means a manufacturer with California annual sales of less than
10,000 new passenger cars, light-duty trucks and medium-duty vehicles following
aggregation of sales pursuant to this section
1900(b)(8).
Annual sales shall be determined as the average number of sales sold for the
three previous consecutive model years for which a manufacturer seeks
certification; however, for a manufacturer certifying for the first time in
California, annual sales shall be based on projected California sales for the
model year. A manufacturer's California sales shall consist of all vehicles or
engines produced by the manufacturer and delivered for sale in California,
except that vehicles or engines produced by the manufacturer and marketed in
California by another manufacturer under the other manufacturer's nameplate
shall be treated as California sales of the marketing manufacturer. The annual
sales from different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
one of which is 10% or greater part owned by another, except in circumstances
for which the Executive Officer determines that 10% or greater ownership by one
of the firms does not result in responsibility for overall direction of both
firms; or
(2) vehicles produced by
any two or more firms if a third party has equity ownership of 10% or more in
each of the firms; or
(3) vehicles
produced by two or more firms having a common corporate officer(s) who is (are)
responsible for the overall direction of the companies; or
(4) vehicles imported or distributed by all
firms where the vehicles are manufactured by the same entity and the importer
or distributor is an authorized agent of the entity.
(9) "Intermediate volume manufacturer" means
any pre-2001 model year manufacturer with California sales between 3,001 and
60,000 new light- and medium-duty vehicles per model year based on the average
number of vehicles sold by the manufacturer each model year from 1989 to 1993;
any 2001 through 2002 model year manufacturer with California sales between
4,501 and 60,000 new light- and medium-duty vehicles per model year based on
the average number of vehicles sold by the manufacturer each model year from
1989 to 1993; any 2003 through 2017 model year manufacturer with California
sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the
average number of vehicles sold for the three previous consecutive model years
for which a manufacturer seeks certification; and any 2018 and subsequent model
year manufacturer with California sales between 4,501 and 20,000 new light- and
medium-duty vehicles based on the average number of vehicles sold for the three
previous consecutive model years for which a manufacturer seeks certification.
For a manufacturer certifying for the first time in California, model year
sales shall be based on projected California sales. A manufacturer's California
sales shall consist of all vehicles or engines produced by the manufacturer and
delivered for sale in California, except that vehicles or engines produced by
the manufacturer and marketed in California by another manufacturer under the
other manufacturer's nameplate shall be treated as California sales of the
marketing manufacturer.
For purposes of applying the 2005 through 2017 model year
zero-emission vehicle requirements for intermediate-volume manufacturers under
section 1962(b) or
1962.1(b), as
applicable, the annual sales from different firms shall be aggregated in the
case of (1) vehicles produced by two or more firms, each one of which either
has a greater than 50% equity ownership in another or is more than 50% owned by
another; or (2) vehicles produced by any two or more firms if a third party has
equity ownership of greater than 50% in each firm.
For purposes of applying the 2009 through 2016 model year
Greenhouse Gas requirements for intermediate volume manufacturers under section
1961.1, the annual sales from
different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
each one of which either has a greater than 10% equity ownership in another or
is more than 10% owned by another; or
(2)
vehicles produced by any two or more firms if a third party has
equity ownership of greater than 10% in each firm.
For the 2018 and subsequent model years, the annual sales
from different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
one of which is 33.4% or greater part owned by another; or
(2) vehicles produced by any two or more
firms if a third party has equity ownership of 33.4% or more in each of the
firms; or
(3) vehicles produced by
two or more firms having a common corporate officer(s) who is (are) responsible
for the overall direction of the companies; or
(4) vehicles imported or distributed by any
firms where the vehicles are manufactured by the same entity and the importer
or distributor is an authorized agent of the entity.
(10) "Large volume manufacturer" means any
2000 and subsequent model year manufacturer that is not a small volume
manufacturer, or an independent low volume manufacturer, or an intermediate
volume manufacturer.
(11)
"Light-duty truck" means any 2000 and subsequent model motor vehicle certified
to the standards in section
1961(a)(1),
1961.2, or
1961.4 rated at 8,500 pounds gross
vehicle weight or less, and any other motor vehicle, rated at 6,000 pounds
gross vehicle weight or less, which is designed primarily for purposes of
transportation of property or is a derivative of such a vehicle, or is
available with special features enabling off-street or off-highway operation
and use.
(12) "Medium-duty
passenger vehicle" means any medium-duty vehicle with a gross vehicle weight
rating of less than 10,000 pounds that is designed primarily for the
transportation of persons. The medium-duty passenger vehicle definition does
not include any vehicle which:
(1) is an
"incomplete truck" i.e., is a truck that does not have the primary load
carrying device or container attached; or
(2) has a seating capacity of more than 12
persons; or
(3) is designed for more
than 9 persons in seating rearward of the driver's seat; or
(4) is equipped with an open cargo area of
72.0 inches in interior length or more. A covered box not readily accessible
from the passenger compartment will be considered an open cargo area, for
purposes of this definition.
(13) "Medium-duty vehicle" means any pre-1995
model year heavy-duty vehicle having a manufacturer's gross vehicle weight
rating of 8,500 pounds or less; any 1992 through 2006 model-year heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission
vehicle certified to the standards in section
1960.1(h)(2)
having a manufacturer's gross vehicle weight rating of 14,000 pounds or less;
any 1995 through 2003 model year heavy-duty vehicle certified to the standards
in section
1960.1(h)(1)
having a manufacturer's gross vehicle weight rating of 14,000 pounds or less;
and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission,
super-ultra-low-emission or zero-emission vehicle certified to the standards in
section 1961(a)(1),
1961.2,
1961.4,
1962,
1962.1, or
1962.2, having a manufacturer's
gross vehicle weight rating between 8,501 and 14,000 pounds.
(14) "Modified part" means any aftermarket
part intended to replace an original equipment emission-related part and which
is not functionally identical to the original equipment part in all respects
which in any way affect emissions, excluding a consolidated part.
(15) "Motorcycle Engine" means an engine
which is used to propel a new, street-use motorcycle.
(16) [Reserved]
(17) "Passenger car" means any motor vehicle
designed primarily for transportation of persons and having a design capacity
of twelve persons or less.
(18)
"Reactivity adjustment factor" means a fraction applied to the NMOG emissions
from a vehicle powered by a fuel other than conventional gasoline for the
purpose of determining a gasoline-equivalent NMOG level. The reactivity
adjustment factor is defined as the ozone-forming potential of clean fuel
vehicle exhaust divided by the ozone-forming potential of gasoline vehicle
exhaust.
(19) "Recall" means:
(A) The issuing of notices directly to
consumers that vehicles in their possession or control should be corrected,
and/or
(B) Efforts to actively
locate and correct vehicles in the possession or control of
consumers.
(20)
"Replacement part" means any aftermarket part intended to replace an original
equipment emissions-related part and which is functionally identical to the
original equipment part in all respects which in any way affect emissions
(including durability), or a consolidated part.
(21) "Subgroup" means a set of vehicles
within an engine family distinguishable by characteristics contained in the
manufacturer's application for certification.
(22) "Small volume manufacturer" means, with
respect to the 2001 and subsequent model-years, a manufacturer with California
sales less than 4,500 new passenger cars, light-duty trucks, medium-duty
vehicles, heavy-duty vehicles and heavy-duty engines based on the average
number of vehicles sold for the three previous consecutive model years for
which a manufacturer seeks certification as a small volume manufacturer;
however, for manufacturers certifying for the first time in California
model-year sales shall be based on projected California sales. A manufacturer's
California sales shall consist of all vehicles or engines produced by the
manufacturer and delivered for sale in California, except that vehicles or
engines produced by the manufacturer and marketed in California by another
manufacturer under the other manufacturer's nameplate shall be treated as
California sales of the marketing manufacturer. Except as provided in the next
paragraph, for the 2009 through 2017 model years, the annual sales from
different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
one of which is 10% or greater part owned by another; or
(2) vehicles produced by any two or more
firms if a third party has equity ownership of 10% or more in each of the
firms; or
(3) vehicles produced by
two or more firms having a common corporate officer(s) who is (are) responsible
for the overall direction of the companies; or
(4) vehicles imported or distributed by any
firms where the vehicles are manufactured by the same entity and the importer
or distributor is an authorized agent of the entity. Notwithstanding the
provisions of this paragraph, upon application to the Executive Officer, a
manufacturer may be classified as a "small volume manufacturer" for the 2013
through 2017 model years if the Executive Officer determines that it is
operationally independent of the firm that owns 10% or more of the applicant or
has a greater than 10% equity ownership in the applicant based on the criteria
provided in the last paragraph of this subsection (b)(22).
For purposes of compliance with the zero-emission vehicle
requirements, heavy-duty vehicles and engines shall not be counted as part of a
manufacturer's sales. For purposes of applying the 2005 through 2017 model year
zero-emission vehicle requirements for small-volume manufacturers under
sections 1962(b) and
1962.1(b), the
annual sales from different firms shall be aggregated in the case of (1)
vehicles produced by two or more firms, each one of which either has a greater
than 50% equity ownership in another or is more than 50% owned by another; or
(2) vehicles produced by any two or more firms if a third party has equity
ownership of greater than 50% in each firm. Notwithstanding the provisions of
this paragraph, upon application to the Executive Officer, a manufacturer may
be classified as a "small volume manufacturer" for the 2013 through 2017 model
years if the Executive Officer determines that it is operationally independent
of the firm that owns 50% or more of the applicant or has a greater than 50%
equity ownership in the applicant based on the criteria provided in the last
paragraph of this subsection (b)(22).
Except as provided in the next paragraph, for the 2018 and
subsequent model years, the annual sales from different firms shall be
aggregated in the following situations:
(1) vehicles produced by two or more firms,
one of which is 33.4% or greater part owned by another; or
(2) vehicles produced by any two or more
firms if a third party has equity ownership of 33.4% or more in each of the
firms; or
(3) vehicles produced by
two or more firms having a common corporate officer(s) who is (are) responsible
for the overall direction of the companies; or
(4) vehicles imported or distributed by any
firms where the vehicles are manufactured by the same entity and the importer
or distributor is an authorized agent of the entity. Notwithstanding the
provisions of this paragraph, upon application to the Executive Officer, a
manufacturer may be classified as a "small volume manufacturer" for the 2018
and subsequent model years if the Executive Officer determines that it is
operationally independent of the firm that owns 33.4% or more of the applicant
or has a greater than 33.4% equity ownership in the applicant based on the
criteria provided in the last paragraph of this subsection (b)(22).
For the purposes of this paragraph, all manufacturers whose
annual sales are aggregated together under the provisions of this subsection
(b)(22) shall be defined as "related manufacturers." Notwithstanding such
aggregation, the Executive Officer may make a determination of operational
independence if all of the following criteria are met for at least 24 months
preceding the application submittal:
(1) for the three years preceding the year in
which the initial application is submitted, the average California sales for
the applicant does not exceed 4,500 vehicles per year;
(2) no financial or other support of economic
value is provided by related manufacturers for purposes of design, parts
procurement, R&D and production facilities and operation, and any other
transactions between related manufacturers are conducted under normal
commercial arrangements like those conducted with other parties, at competitive
pricing rates to the manufacturer;
(3) related manufacturers maintain separate
and independent research and development, testing, and production
facilities;
(4) the applicant does
not use any vehicle powertrains or platforms developed or produced by related
manufacturers;
(5) patents are not
held jointly with related manufacturers;
(6) related manufacturers maintain separate
business administration, legal, purchasing, sales, and marketing departments,
as well as autonomous decision-making on commercial matters;
(7) the overlap of the Board of Directors
between related manufacturers is limited to 25% with no sharing of top
operational management, including president, chief executive officer, chief
financial officer, and chief operating officer, and provided that no individual
overlapping director or combination of overlapping directors exercises
exclusive management control over either or both companies; and
(8) parts or components supply between
related companies must be established through open market process, and to the
extent that the manufacturer sells parts/components to non-related
manufacturers, it does so through the open market a competitive pricing. Any
manufacturer applying for operational independence must submit to ARB an
Attestation Engagement from an independent certified public accountant or firm
of such accountants verifying the accuracy of the information contained in the
application, as defined by and in accordance with the procedures established in
40 C.F.R. §
80.125, as last amended January 19, 2007,
which is incorporated herein by reference. The applicant must submit
information to update any of the above eight criteria as material changes to
any of the criteria occur. If there are no material changes to any of the
criteria, the applicant must certify that to the Executive Officer annually.
With respect to any such changes, the Executive Officer may consider
extraordinary conditions (e.g., changes to economic conditions, unanticipated
market changes, etc.) and may continue to find the applicant to be
operationally independent. In the event that a manufacturer loses eligibility
as a "small volume manufacturer" after a material change occurs, the
manufacturer must begin compliance with the primary emissions program in the
third model year after the model year in which the manufacturer loses its
eligibility. The Executive Officer may, in his or her discretion, re-establish
lost "small volume manufacturer" status if the manufacturer shows that it has
met the operational independence criteria for three consecutive
years.
1. Amendment
of NOTE section filed 3-16-77; effective thirtieth day thereafter (Register 77,
No. 12).
2. Amendment filed 11-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
3. Amendment of subsection (b)
filed 7-6-81; effective thirtieth day thereafter (Register 81, No.
28).
4. Repealer of article 1 (sections 1900-1905, not consecutive)
and new article 1 (sections 1900-1904) filed 1-14-83; effective thirtieth day
thereafter (Register 81, No. 3). for prior history, see Registers 81, No. 28;
77, Nos. 49 and 12; and 73, No. 45).
5. Amendment of subsection (b)
filed 4-20-83; effective upon filing pursuant to Government Code section
11346.2(d)
(Register 90, No. 55).
6. Amendment of subsection (b) filed 7-17-90;
operative 8-16-90 (Register 90, No. 35).
7. Amendment of subsection
(b) filed 8-2-91; effective 9-2-91 (Register 91, No. 49).
8.
Amendment of subsection (b)(9) and new subsections (b)(15) and (b)(16) filed
8-30-91; operative 9-30-91 (Register 92, No. 14).
9. Amendment of
subsections (b)(9) and (b)(15) filed 11-8-93; operative 12-8-93 (Register 93,
No. 46).
10. Repealer of subsection (b)(15) filed 1-3-97; operative
1-3-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 1).
11. Amendment of subsections (b)(8) and
(b)(9), new subsections (b)(17)-(b)(19) and amendment of NOTE filed 10-28-99;
operative 11-27-99 (Register 99, No. 44).
12. New subsection (b)(11)
and subsection renumbering filed 11-22-99; operative 12-22-99 (Register 99, No.
48).
13. Amendment of subsections (a)(19)-(a)(20) and new
subsections (a)(21)-(a)(21)(D) filed 5-24-2002; operative 6-23-2002 (Register
2002, No. 21).
14. Amendment of subsections (b)(18) and (b)(19)
filed 6-24-2002; operative 7-24-2002 (Register 2002, No. 26).
15.
Amendment of subsections (b)(18)-(19) and (b)(21) filed 2-25-2004; operative
3-26-2004 (Register 2004, No. 9).
16. Amendment of section and NOTE
filed 9-15-2005; operative 1-1-2006 (Register 2005, No. 37).
17.
Amendment of subsections (b)(8), (b)(13) and (b)(22) filed 3-18-2009; operative
4-17-2009 (Register 2009, No. 12).
18. Amendment of subsections
(b)(9) and (b)(22) filed 8-7-2012; operative 8-7-2012 pursuant to Government
Code section
11343.4
(Register 2012, No. 32).
19. Amendment of subsection (b)(22) filed
12-31-2012; operative 12-31-2012 pursuant to Government Code section
11343.4
(Register 2013, No. 1).
20. Amendment of subsection (a), new
subsections (b)(3)-(5), subsection renumbering and amendment of NOTE filed
12-5-2014; operative 12-5-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 49).
21. Editorial correction of HISTORY 20
(Register 2014, No. 50).
22. Amendment of subsections (b)(9),
(b)(14) and (b)(16) filed 10-8-2015; operative 10-8-2015 pursuant to Government
Code section
11343.4(b)(3)
(Register 2015, No. 41).
23. Repealer of subsections (b)(3)-(5),
subsection renumbering and amendment of newly designated subsection (b)(3)
filed 7-25-2016; operative 7-25-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 31).
24. Amendment of subsection (b) filed
12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission deadline
specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
25. Amendment
of subsections (b)(11) and (b)(13) filed 11-30-2022; operative 11-30-2022
pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 48).
Note: Authority cited: Sections
39010,
39600,
39601,
43013,
43018,
43101
and
43104,
Health and Safety Code. Reference: Sections
39002,
39003,
39010,
39500,
40000,
43000,
43013,
43018.5,
43100,
43101,
43101.5,
43102,
43103,
43104,
43106
and
43204,
Health and Safety Code; and Section
27156,
Vehicle Code.
