Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
(1) This section shall apply to manufacturers
that produce and deliver for sale passenger cars and light-duty trucks in
California in 2026 and subsequent model years.
(2) Additionally, subsection (i) includes
requirements applicable to manufacturers of 2026 and subsequent model year:
(A) Zero-emission medium-duty vehicles
produced and delivered for sale in California that the manufacturer optionally
chooses to certify to the provisions of this section; and
(B) Neighborhood electric vehicles (NEVs)
produced and delivered for sale in California.
(b) Zero-Emission Vehicle Standard. The
Executive Officer shall certify as zero-emission vehicles (ZEV) under this
regulation new 2026 and subsequent model year passenger cars and light-duty
trucks that produce zero exhaust emissions of any criteria pollutant (or
precursor pollutant) or greenhouse gas, excluding emissions from air
conditioning systems, under any possible operational modes or
conditions.
(c) Annual ZEV
Requirements
(1) Requirements for
Intermediate and Large Volume Manufacturers.
(A)
Calculating Annual ZEV
Requirement. For a given model year's production of passenger cars and
light duty trucks, manufacturers, other than small volume manufacturers, must
comply with an Annual ZEV Requirement calculated according to this subsection
(c). The Annual ZEV Requirement shall be calculated as:
Annual ZEV Requirement = Annual Percentage
Requirement x Production Volume
Where:
Annual ZEV Requirement = manufacturer's ZEV production
required, expressed in whole vehicles, for the applicable model year
Annual Percentage Requirement = the annual percentage
requirement per subsection (c)(1)(B) for the applicable model year
Production Volume = manufacturer's production volume of
passenger cars and light-duty trucks calculated in accordance with subsection
(c)(1)(C), expressed in whole vehicles, for the applicable model
year.
(B)
Percentage
Requirement. The table below identifies the percentage requirement to
be used in the calculation of the Annual ZEV Requirement for the applicable
model year.
Model
Year |
Percentage
Requirement |
2026 |
35% |
2027 |
43% |
2028 |
51% |
2029 |
59% |
2030 |
68% |
2031 |
76% |
2032 |
82% |
2033 |
88% |
2034 |
94% |
2035 and subsequent |
100% |
(C)
Calculating the Production Volume. The production volume is
determined from the total number of passenger cars and light-duty trucks
produced and delivered for sale in California that the manufacturer is required
to report in the annual non-methane organic gases plus oxides of nitrogen (NMOG
+ NOx) production report for the applicable model year, and any medium-duty
ZEVs produced and delivered for sale in California for which the manufacturer
optionally chooses to certify to this section, as allowed by subsection (i)(7).
For purposes of this calculation, a vehicle is counted in the production of the
manufacturer that marketed it in California regardless of whether it is
produced by a different manufacturer. For 2026 through 2034 model years, the
production volume is determined according to the method described in subsection
(c)(1)(C)1. unless the manufacturer elects to use the method described in
subsection (c)(1)(C)2. For 2035 and subsequent model years, the production
volume is determined according to the method described in subsection
(c)(1)(C)2. for all manufacturers.
1.
Previous year average method to determine production volume through
2034 model year. The production volume used to calculate a
manufacturer's Annual ZEV Requirement for the 2026 through 2034 model years is
the three-year average of the manufacturer's volume of passenger cars and
light-duty trucks, produced and delivered for sale in California, in the prior
second, third, and fourth model years (e.g., 2026 model year Annual ZEV
Requirements are calculated using the California production volume average of
passenger cars and light-duty trucks for the 2022 through 2024 model years).
However, in any model year where the manufacturer's California production
volume is 30 percent or more below the previous model year production volume, a
manufacturer may elect to use the same model year to determine its production
volume and Annual ZEV Requirement (e.g., 2026 model year Annual ZEV
Requirements can be calculated using the California production volume of 2026
model year passenger cars and light-duty trucks if 2026 model year production
volume is 30 percent or more below 2025 model year production volume). A
manufacturer may only utilize this same model year provision in the specific
model year(s) that it meets the 30 percent reduction from prior model year
criteria and, except as allowed in subsection (c)(1)(C)2., must use the
three-year average in other model years. This three-year average used for
production volume does not affect the determination of a manufacturer's size
under California Code of Regulations (CCR), title 13, section
1900.
2.
Same year method to determine
production volume. In lieu of the three-year average in (c)(1)(C)1
above, a manufacturer may elect in any model year from 2026 through 2034 to use
the same model year to determine its production volume and Annual ZEV
Requirements (e.g., 2026 model year Annual ZEV Requirements are calculated
using the California production volume of 2026 model year passenger cars and
light-duty trucks). However, once a manufacturer elects to use the same year
method under this subsection for a model year, it must continue to use this
same year method for all subsequent model years and may not use the previous
year average method in subsection (c)(1)(C)1. Additionally, for 2035 and
subsequent model years, the production volume for all manufacturers will be
determined according to the same year method of this subsection. This
calculation of production volume does not affect the determination of a
manufacturer's size under CCR, title 13, section
1900.
(2) Requirements for Small Volume
Manufacturers.
(A) A small volume manufacturer
must comply with the Annual ZEV Requirement in subsection (c)(1)(B) beginning
with the 2035 model year.
(B) A
small volume manufacturer may bank, sell to another manufacturer, or trade ZEV
values and plug-in hybrid electric vehicles (PHEV) values it produces and
delivers for sale in California in any model year between 2026 and 2034,
inclusive.
(C) A small volume
manufacturer must submit to the Executive Officer a compliance plan no later
than December 31, 2032, or, if a manufacturer becomes a small volume
manufacturer after January 1, 2032, within one year of becoming a small volume
manufacturer, to show its plan for complying with the 2035 model year Annual
ZEV Requirement. The plan must include the expected number of vehicle test
groups, expected vehicle classes and models, expected powertrain, expected
certification range value by model, and expected 2035 model year vehicle sales
volumes.
(3) Changes in
Manufacturer Volume Status in 2026 and Subsequent Model Years.
(A)
Increases in California
Production Volume. If a small volume manufacturer becomes an
intermediate or large volume manufacturer as defined in CCR, title 13, section
1900, and remains so for three
consecutive 3-model-year averages, the manufacturer will become subject to the
Annual ZEV Requirements in subsection (c)(1) beginning in the third model year
after its third consecutive 3-model-year average. For example, if a
manufacturer exceeds the volume threshold of an intermediate or large volume
manufacturer for each of its 2026-2028, 2027-2029, and 2028-2030 3-model-year
average production volumes, the manufacturer would be subject to Annual ZEV
Requirements starting in the 2033 model year.
(B)
Decreases in California
Production Volume. If an intermediate or large volume manufacturer
becomes a small volume manufacturer as defined in CCR, title 13, section
1900, and remains so for three
consecutive 3-model-year average, the manufacturer shall be subject to the
requirements of subsection (c)(2) the following model year after its third
consecutive 3-model-year average. For example, if a manufacturer falls below
the production volume threshold for its 2026-2028, 2027-2029, and 2028-2030
3-model-year averages, the manufacturer would be subject to the small volume
manufacturer requirements starting in the 2031 model year.
(C)
Calculating California Production
Volume in Change of Ownership Situations. Where a manufacturer
experiences a change in ownership in a particular model year, the change will
affect application of the aggregation requirements in CCR, title 13, section
1900 on the manufacturer starting
with the next model year. When a manufacturer is simultaneously producing two
model years of vehicles at the time of a change of ownership, the basis of
determining the next model year is the earlier of the two model years. The
manufacturer's volume status for the next model year shall be based on the
average California production volume in the three previous consecutive model
years consistent with the change in ownership applicable for that next model
year. For example, where a change of ownership occurs during 2026 model year
production that results in Manufacturer A and Manufacturer B being required to
aggregate production volumes, Manufacturer A's status for the 2027 model year
will be based on the production volumes of Manufacturers A and B in the
2024-2026 model years. If such an example ownership change occurs while
Manufacturer A is producing both 2026 and 2027 model year vehicles,
Manufacturer A's status for the 2027 model year will still be based on the
production volumes of Manufacturers A and B in the 2024-2026 model years. If
the manufacturer's production volume status changes, the manufacturer will be
subject to the requirements of (c)(1) or (c)(2), as applicable, under the same
lead times contained in subsections (c)(3)(A) and (B), as
applicable.
(d)
Requirements for ZEVs. ZEVs must meet the following
requirements:
(1)
Certification Range
Value. Minimum certification range value greater than or equal to 200
miles, determined according to the "California Test Procedures for 2026 and
Subsequent Model Year Zero-Emission Vehicles and Plug-In Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle
Classes", dated August 25, 2022, incorporated by reference, referred to
henceforth in this regulation as the "2026 ZEV and PHEV Test
Procedures."
(2)
ZEV
Durability Requirement for Useful Life.
(A) For 2026 through 2029 model year
vehicles, be designed to maintain, for at least 70 percent of the vehicles in a
test group, 70 percent or more of the certification range value, for a useful
life of 10 years or 150,000 miles, whichever occurs first, and comply with data
reporting requirements in CCR, title 13, section
1962.7.
(B) For 2030 and subsequent model year
vehicles, be designed to maintain, on average for all the vehicles in a test
group, 80 percent or more of the certification range value for a useful life of
10 years or 150,000 miles, whichever occurs first, and comply with data
reporting requirements in CCR, title 13, section
1962.7.
(3)
Battery Labeling
Requirements. Meet requirements set forth in CCR, title 13, section
1962.6.
(4)
Data Standardization.
Meet requirements set forth in CCR, title 13, section
1962.5.
(5)
Service Information
Requirements. Meet requirements set forth in CCR, title 13, section
1969.
(6)
ZEV Warranty
Requirements. Meet requirements set forth in CCR, title 13, section
1962.8.
(7)
Charging Requirements.
For battery electric vehicles (BEV) and plug-in hybrid fuel cell electric
vehicles (FCEV), meet requirements set forth in CCR, title 13, section
1962.3.
(e)
Additional Allowances to Count
Toward Annual ZEV Requirement. Manufacturers may meet a portion of
their Annual ZEV Requirement with PHEV values, environmental justice vehicle
values, or early compliance vehicle values, earned according to subsections
(e)(1)-(3).
(1)
PHEV
Flexibility. Manufacturers may fulfill a portion of their total Annual
ZEV Requirement with PHEVs produced and delivered for sale in California as
follows:
(A) For each 2026 model year and
subsequent PHEV that meets all the following criteria, manufacturers may count
such vehicles at a value of one towards the Annual ZEV Requirement:
1.
SULEV30 Standards.
Certified to full useful life SULEV30 or lower exhaust emission standards for
passenger cars and light-duty trucks in CCR, title 13, section
1961.4.
2.
Extended Defects and Performance
Warranty. Extend the performance and defects warranty period set forth
in CCR, title 13, sections
2037(b)(2) and
2038(b)(2) to 15
years or 150,000 miles, whichever occurs first.
3.
Battery Labeling
Requirements. Meet requirements set forth in CCR, title 13, section
1962.6.
4.
Data Standardization.
Meet applicable requirements set forth in CCR, title 13, section
1962.5.
5.
Service Information
Requirements. Meet requirements set forth in CCR, title 13, section
1969.
6.
Battery Warranty. Meet
applicable battery warranty requirements set forth in CCR, title 13, section
1962.8.
7.
Charging Requirements.
Meet requirements set forth in CCR, title 13, section
1962.3.
8.
Minimum Certification Range
Value. Minimum certification range value of greater than or equal to
70 miles, per the 2026 ZEV and PHEV Test Procedures.
9.
Minimum US06 All-Electric Range
Value. Minimum US06 all-electric range value greater than or equal to
40 miles, per the 2026 ZEV and PHEV Test Procedures.
(B) For each 2026 through 2028 model year
PHEV that meets the criteria identified in section (e)(1)(A)1. through
(e)(1)(A)6., with a minimum certification range value of less than 70 miles and
greater than or equal to 43 miles, per the 2026 ZEV and PHEV Test Procedures,
manufacturers may count such vehicles at a partial vehicle value comprised of
the sum of the Partial Vehicle Value equation plus additional credit for US06
all-electric range, calculated as follows:
1.
Partial Vehicle Value Equation:
Click
here to view image
Where:
Partial Vehicle Value = vehicle value per qualifying PHEV
in units of vehicles, rounded to two significant digits and capped at a maximum
of 0.85
Certification Range Value = As defined in subsection (l),
in units of miles, rounded to the whole mile
2. Additional credit for US06 all-electric
range. An additional 0.15 partial vehicle value, if the PHEV has a US06
all-electric range of at least 10 miles determined in accordance with the 2026
ZEV and PHEV Test Procedures.
3.
The maximum total partial vehicle value earned by a PHEV under the Partial
Vehicle Value Equation plus additional credit, per subsection (e)(1)(B)2., may
not exceed 1.00.
(C)
PHEV Allowance. The annual PHEV allowance that a manufacturer
may apply in a given model year towards its ZEV requirement performance under
subsection (f) shall be calculated by multiplying 20 percent times the
applicable model year Annual ZEV Requirement calculated in subsection
(c)(1)(A).
(2)
Environmental Justice Vehicle Values. Manufacturers may
fulfill a portion of their total Annual ZEV Requirement with additional vehicle
values earned according to the following provisions:
(A)
New ZEVs and PHEVs Provided for
Use in Community-based Clean Mobility Programs. New 2024 through 2031
model year ZEVs and PHEVs provided for use in community-based clean mobility
programs in California will earn additional vehicle values that can be used to
meet a portion of the manufacturer's Annual ZEV Requirement.
1.
Vehicle Value.
a.
ZEV Value. An additional
0.50 vehicle value will be earned by a manufacturer for each new 2024 through
2031 model year ZEV provided for use in a community-based clean mobility
program at a discount specified in subsection (e)(2)(A)2.
b.
PHEV Value. An additional
0.40 vehicle value will be earned by a manufacturer for each new 2024 through
2031 model year PHEV provided for use in a community-based clean mobility
program at a discount specified in subsection (e)(2)(A)2.
2.
Required Discount. A
manufacturer must provide the vehicle for use in a community-based clean
mobility program at a minimum 25 percent discount from the Manufacturer's
Suggested Retail Price (MSRP).
3.
Community-based Clean Mobility Programs.
a.
Program Qualification. A
community-based clean mobility program must be one of the following:
i. An approved grant recipient of the Clean
Mobility Options Voucher Pilot Project established pursuant to Health &
Safety Code Section 44258.4;
ii. An
approved grant recipient of the Sustainable Transportation Equity Project
established pursuant to Health & Safety Code Section 44258.4; or
iii. Determined by the Executive Officer to
qualify as a community-based clean mobility program pursuant to subsection
(e)(2)(A)3.c. The Executive Officer must determine that a program qualifies as
a community-based clean mobility program, as defined in subsection (l) of this
section, before a manufacturer may earn vehicle values pursuant to subsection
(e)(2)(A)1.
b. A
manufacturer may request from the Executive Officer a determination that a
program qualifies as a community-based clean mobility program. When making this
request, the manufacturer shall provide:
i.
Attestation that the program meets each element of the definition of
"community-based clean mobility program" in this section;
ii. Contact information for the program,
including program name; program implementer name (if different); mailing
address including a street address, city, state, and zip code; federal tax
identification number (if any); contact person name; contact person phone
number; and contact person email address;
iii. Description of the program, including
program objectives, total number of vehicles, and the program service location
or area;
iv. Written communication
from a responsible official (e.g., executive, principal officer) of the entity
that administers the program, which shall include the following:
I. Certification that the vehicles will be
put into service exclusively for the purposes of operating a community-based
clean mobility program with a minimum of 4 years of service
operation;
II. Certification that
vehicle titles or lease agreements will be held by an organizational entity,
not by individual drivers; and
III.
Certification that the program meets the definition of "community-based clean
mobility program" under this section.
c. The Executive Officer shall determine that
a program qualifies as a community-based clean mobility program if the
manufacturer has demonstrated that the program meets each element of the
definition of "community-based clean mobility program" in this section and has
provided all of the documentation specified under subsection
(e)(2)(A)3.b.
d. The Executive
Officer shall notify the manufacturer of the determination in writing within 60
days. If the program is determined to qualify as a community-based clean
mobility program, the Executive Officer shall issue an Executive Order
designating the community-based clean mobility program.
e.
Renewal. An Executive
Order identifying a community-based clean mobility program shall remain valid
for 4 years. A manufacturer may request a renewal of a determination of a
community-based clean mobility program by providing the information and
materials specified under subsection (e)(2)(A)3.b. The Executive Officer shall
review a renewal request by the process specified in subsection (e)(2)(A)3.c
and (e)(2)(A)3.d.
f.
Revocation. The Executive Officer shall revoke an Executive
Order issued under this subsection if the Executive Officer determines that:
i. The community-based clean mobility program
no longer meets the definition in this section; or
ii. The community-based clean mobility
program has resold or returned, prior to 4 years of service, one or more
vehicles that a manufacturer provided for use of the program for which the
manufacturer has earned Environmental Justice Vehicle Values pursuant to
subsection (e)(2)(A)1., except for resale to another community-based clean
mobility program.
(B)
Vehicles in California Sold At
the End of Lease to Participating Dealerships. ZEVs or PHEVs initially
leased in California and sold at the end of lease to a California dealership
participating in a financial assistance program will earn additional vehicle
values that can be used to meet a portion of the manufacturer's Annual ZEV
Requirement.
1.
Vehicle
Value. An additional 0.10 vehicle value will be earned by a
manufacturer for each 2026 through 2031 model-year ZEV or PHEV initially leased
in California as new and subsequently sold at end of lease in 2026 through 2031
calendar year to a dealership participating in a financial assistance program.
An additional 0.15 vehicle value will be earned by a manufacturer if the 2026
through 2031 model-year ZEV or PHEV sold to a participating dealership is then
sold to a financial assistance program participant in 2026 through 2031
calendar year, for a maximum total of 0.25 additional vehicle values. The
vehicle values are earned in the calendar year the vehicle was sold.
2.
Qualifying Vehicles. Each
ZEV or PHEV must have had an MSRP less than or equal to $40,000, adjusted
annually per subsection (e)(2)(F), when it was new.
(C)
New ZEVs and PHEVs below MSRP
threshold. An additional 0.10 vehicle value will be earned by a
manufacturer for each 2026 through 2028 model year ZEV or PHEV delivered for
sale in California with an MSRP less than or equal to $20,275 for passenger
cars and less than or equal to $26,670 for light-duty trucks. For purposes of
this section, the MSRP values shall be adjusted annually, beginning in 2026
model year, per subsection (e)(2)(F).
(D)
Environmental Justice Vehicle
Value Limitations. Environmental justice vehicle values may not be
transferred to another section 177 ZEV state, as otherwise allowed by
subsection (g).
(E)
Environmental Justice Allowance. The annual environmental
justice allowance that a manufacturer may apply in a given model year towards
its ZEV requirement performance under subsection (f) shall be calculated by
multiplying 5 percent times the applicable model year Annual ZEV Requirement
calculated in subsection (c)(1)(A).
(F)
MSRP Consumer Price Index (CPI)
Adjustment. New model year adjustments to the MSRP values used for
subsections (e)(2)(B) and (e)(2)(C) shall be calculated by multiplying the MSRP
values by a CPI adjustment (CPIadjustment) as follows:
MSRPn =
MSRP2021 x CPIadjustment
where:
MSRPn is the adjusted value to be
used in place of the MSRP value in subsections (e)(2)(B) and (e)(2)(C) for the
applicable model year of the vehicle, rounded to the nearest ten
dollars,
n is the model year of the vehicle,
n-2 is the calendar year two years prior to the model year
of the vehicle,
MSRP2021 is the applicable MSRP
value in subsections (e)(2)(B) or (e)(2)(C), and
CPIadjustment =
CPIn-2 / 156.2
where:
CPIn-2 is the average of the January
through December consumer price index for all urban consumers, for new
vehicles, United States city average, not seasonally adjusted, published by the
United States Bureau of Labor Statistics.
(3)
Early Compliance Vehicle
Values. Manufacturers may fulfill a portion of their total Annual ZEV
Requirement with early compliance vehicle values earned according to the
following provisions:
(A)
Qualifying
Vehicles.1. For the two model years
prior to the commencement of the Annual ZEV Requirements of this section, a
manufacturer may elect to earn early compliance vehicle values for ZEVs and
PHEVs it produces and delivers for sale in California in excess of 20 percent
of its total light-duty vehicles produced and delivered for sale in California
in that model year. If the 2020 through 2022 model year average combined market
share for ZEVs and PHEVs in California is less than 7 percent per model year, a
manufacturer may also elect to earn early compliance vehicle values for ZEVs
and PHEVs it produces and delivers for sale in each of the two early compliance
model years in excess of 7 percent and below 20 percent of its total light-duty
vehicles produced and delivered for sale in California.
2. For purposes of calculating the 2020
through 2022 model year average combined market share, the industry-wide
combined market share in California for a given model year shall be defined as
the total number of ZEVs and PHEVs certified to CCR, title 13, section
1962.2 and produced and delivered
for sale in California in a model year divided by the total number of
light-duty vehicles produced and delivered for sale in the state for that same
model year. The combined market share shall be calculated separately for model
years 2020 through 2022 and the three values shall be averaged to generate the
2020 through 2022 model year average combined market share.
3. A manufacturer electing to earn early
compliance vehicle values per this section shall designate the portion of
eligible vehicles from each of the two early compliance model years for which
it is making this election. The manufacturer shall make this designation in its
end-of-model-year report required under subsection (j)(3). Vehicles designated
by the manufacturer to earn early compliance vehicle values may not earn ZEV
credits under CCR, title 13, section
1962.2.
4. For purposes of calculating vehicles
eligible to earn early compliance vehicle values, only ZEVs and PHEVs meeting
the following requirements shall be included:
a. ZEVs with more than a 50-mile urban
dynamometer drive schedule (UDDS) range.
b. PHEVs with more than 10-mile all-electric
UDDS range; equipped with a conductive charger inlet and charging system that
meets AC Level 1 and Level 2 SAE Surface Vehicle Recommended Practice SAE J1772
REV OCT 2017, SAE Electric Vehicle and Plug in Hybrid Electric Vehicle
Conductive Charger Coupler, which is incorporated herein by reference; equipped
with an on-board charger with a minimum output of 3.3 kilowatts, or, sufficient
power to enable a complete charge in less than 4 hours; meeting the applicable
150,000-mile SULEV30 or lower exhaust emission standards in CCR, title 13,
section 1961.2(a)(1) or
meeting the federal emission Bin 30 or lower of 40 CFR § 86.1811.17(b), as
amended June 29, 2021; meeting the evaporative emission standards in section
1976(b)(1)(G) or
1976(b)(1)(E);
meeting the applicable on-board diagnostic requirements in section
1968.1 or
1968.2 for 150,000 miles; and
providing a performance and defects warranty of 15 years or 150,000 miles,
whichever occurs first, except that the time period is to be 10 years for a
zero-emission energy storage device used for traction
power.
(B)
Early Compliance Vehicle Value Calculation. Each ZEV eligible
for early compliance vehicle values is counted at a vehicle value of one; each
PHEV is counted at a vehicle value calculated in accordance with subsection
(e)(1)(B)1.
(C)
Early
Compliance Vehicle Value Limitations. Manufacturers may not transfer
early compliance vehicle values pursuant to subsection (g)(3).
(D)
Early Compliance Vehicle Value
Allowance. The annual early compliance allowance that a manufacturer
may apply for the first three model years of the Annual ZEV Requirements of
this section toward its ZEV requirement performance under subsection (f) shall
be calculated by multiplying 15 percent times the applicable model year Annual
ZEV Requirement calculated in subsection
(c)(1)(A).
(f)
Calculating ZEV Requirement Performance for the Model Year.
Each manufacturer shall calculate its ZEV requirement performance at the end of
each model year.
(1) A manufacturer's ZEV
requirement performance for a model year shall be the sum of:
(A) Vehicle values for ZEVs delivered for
sale in California, where each ZEV is counted at a vehicle value of one;
plus
(B) Vehicle values for the
actual number of PHEVs delivered for sale in California in the applicable model
year up to the PHEV allowance. PHEVs produced in excess of a manufacturer's
PHEV allowance may not be counted towards the applicable model year ZEV
requirement performance but may be banked in accordance with subsection (f)(3);
plus
(C) Through the 2031 model
year only, environmental justice vehicle values earned in the applicable model
year up to the environmental justice allowance. Environmental justice vehicle
values earned in excess of a manufacturer's environmental justice allowance may
not be counted toward the applicable model year ZEV requirement performance but
may be banked in accordance with subsection (f)(3); plus
(D) For the first three model years of the
Annual ZEV Requirements of this section only, early compliance vehicle values
earned under subsection (e)(3) may be counted up to the early compliance
vehicle value allowance. Early compliance vehicle values in excess of a
manufacturer's early compliance vehicle value allowance may not be counted
toward the applicable model year ZEV requirement
performance.
(2)
Determining Surplus or Shortfall. A manufacturer must
calculate, for a given model year, the number of surplus or shortfall vehicle
values it has generated according to the following equation rounded to the
nearest whole vehicle value:
Surplus or Shortfall = ZEV Requirement
Performance-Annual ZEV Requirement
Where:
Surplus or Shortfall = manufacturer's calculated surplus or
shortfall, rounded to the nearest whole vehicle value, where a positive number
results in surplus values and a negative number results in a shortfall of
values;
ZEV requirement performance = manufacturer's calculated
performance per subsection (f)(1); and
Annual ZEV Requirement = manufacturer's calculated
requirement per subsection (b)(1)(A).
(3) In the case of manufacturers earning
excess vehicle values, the following rules apply:
(A) Excess ZEV, PHEV, and environmental
justice vehicle values may be banked and carried over for use in future model
years in which a manufacturer has a shortfall or used to offset a deficit
carried over from a previous model year. Before carrying over excess vehicle
values to the next model year, a manufacturer must apply available values,
within the applicable allowance(s), to offset any deficit carried over from a
previous model year.
(B) Excess
ZEV, PHEV, and environmental justice vehicle values, along with early
compliance and converted ZEV and PHEV vehicle values, may be traded to another
manufacturer according to the provisions in subsection (f)(4). Before trading
values to another manufacturer, a manufacturer must apply its available values,
within the applicable allowance(s), to offset any deficit carried over from a
previous model year.
(C)
Manufacturers may retain excess ZEV and PHEV values for an additional four
model years after the model year in which they were earned. For example, 2026
model year ZEV and PHEV values can be used to meet a manufacturer's shortfall
through 2030 model year, but may not be used in the 2031 model year.
(D) Manufacturers may retain excess
environmental justice vehicle values through the 2031 model year. Environmental
justice vehicle values may not be used to demonstrate compliance in 2032 model
year or any subsequent model year.
(E) Manufacturers may retain unused early
compliance vehicle values through the first three model years of the Annual ZEV
Requirements of this section. Early compliance vehicle values may not be used
to demonstrate compliance in the fourth model year of the Annual ZEV
Requirements of this section or any subsequent model year.
(4)
Trades. The following
provisions apply to trading vehicle values:
(A) A manufacturer may only trade excess ZEV,
excess PHEV, excess environmental justice, early compliance, or converted ZEV
and PHEV vehicle values and only if:
1. The
manufacturer has generated the vehicle values pursuant to subsection
(f);
2. The values are the
manufacturer's converted ZEV and PHEV values pursuant to subsection (g)(2);
or
3. The values were acquired from
another party and are still valid under subsection (f)(3).
(B) Trading manufacturers (both buyer and
seller) must notify The California Air Resources Board (CARB) of vehicle values
being traded in their end-of-model-year report under subsection (j)(3). The
penalty for failure to notify CARB is rejection of the trade of vehicle values
for all involved manufacturers. This penalty does not preclude CARB enforcement
action against noncompliance resulting from the rejected trade of vehicle
values.
(C) A manufacturer may not
trade converted ZEV or PHEV values after 2030 model year.
(D) In the event of a ZEV requirement deficit
resulting from a trade, the seller of the vehicle values will be considered to
have generated a ZEV requirement deficit and be required to fulfill this
deficit per subsection (h)(2).
(E)
No entity other than a manufacturer may earn, hold, submit reports for
compliance demonstrations, or transfer ZEV, PHEV, environmental justice, early
compliance vehicle values, or converted ZEV and PHEV
values.
(g)
Fulfilling a ZEV Requirement Shortfall.
(1)
Limitations on fulfilling a ZEV
requirement shortfall. A manufacturer who has a shortfall in a given
model year, calculated according to subsection (f)(2), may use any combination
of excess ZEV, PHEV, or environmental justice vehicle values, early compliance
vehicle values, converted ZEV and PHEV values, pooled ZEV and PHEV values, or
proportional FCEV values, to fulfill its shortfall, within the following
limitations on usage:
(A) For the 2026
through 2031 model years, excess environmental justice vehicle values may be
utilized up to any remaining environmental justice allowance, calculated
according to subsection (e)(2)(E);
(B) For the first three model years of the
Annual ZEV Requirements of this section, early compliance vehicle values may be
utilized up to any remaining early compliance vehicle value allowance,
calculated according to subsection (e)(3)(D);
(C) For the 2026 through 2030 model years,
converted ZEV and PHEV values, combined, may be utilized up to the converted
ZEV and PHEV allowance, calculated according to subsection (g)(2). For the 2031
and subsequent model years, converted PHEV and ZEV values may not be used to
meet a manufacturer's shortfall.
(D) For the 2026 through 2030 model years,
pooled ZEV and PHEV values, combined, may be utilized only up to the pooled
allowance, calculated using the percentage in the table below for the
applicable model year multiplied by the Annual ZEV Requirement. For the 2031
and subsequent model years, pooled PHEV and ZEV values may not be used to meet
a manufacturer's shortfall or a deficit carried forward from a previous model
year.
Pooled Vehicle Value Allowance By Model Year
Model Year
|
2026
|
2027
|
2028
|
2029
|
2030
|
Percentage Allowance |
25% |
20% |
15% |
10% |
5% |
(E)
The sum of excess PHEV values, converted PHEV values, pooled PHEV values, early
compliance PHEV values, and PHEV values counted towards a manufacturer's
performance for the model year under subsection (f)(1)(B) used in the
demonstration of compliance for a given model year per subsection (h), may not
exceed the PHEV allowance, calculated according to subsection
(e)(1)(C).
(F) For the 2026 through
2030 model years, proportional FCEV values may be utilized as specified in
subsection (g)(4)(C) up to the annual proportional FCEV allowance calculated
according to subsection (g)(4). For the 2031 and subsequent model years,
proportional FCEV values may not be used to meet a manufacturer's
shortfall.
(2)
Calculating Converted ZEV and PHEV Values and Allowance.
(A) At the conclusion of model year 2025, a
manufacturer's PHEV and ZEV credit account balances, earned according to CCR,
title 13, section
1962.2, will undergo a one-time
conversion according to the following equations:
Click
here to view image
Where:
Converted ZEV values = value of ZEV and range extended
battery electric vehicle credit balances at the conclusion of 2025 model year,
after conversion, rounded to the nearest whole number, in units of vehicle
values
2025 MY ZEV Credit Balance = manufacturer's cumulative ZEV
credit balance, at the conclusion of 2025 model year
Converted PHEV values = value of PHEV credit balances at
the conclusion of the 2025 model year, after conversion, rounded to the nearest
whole number, in units of vehicle values
2025 MY PHEV Credit Balance = manufacturer's cumulative
PHEV credit balance, at the conclusion of the 2025 model year
(B) Annual Allowance. The annual converted
ZEV and PHEV value allowance that a manufacturer may apply in model years 2026
through 2030 toward its ZEV requirement shortfall under subsection (g)(1),
shall be calculated by multiplying 15 percent times the applicable model year
Annual ZEV Requirement calculated under subsection (c)(1)(A).
(C) Cumulative Allowance. In lieu of
utilizing the annual allowance for each model year from 2026 through 2030 as
allowed under subsection (g)(2)(B) to meet a ZEV requirement shortfall, a
manufacturer may use converted ZEV and PHEV values up to a cumulative allowance
for the 2026 through 2030 model years that is calculated according to
subsections (g)(2)(C)1. and 2. In each model year from 2026 through 2030, a
manufacturer may use any amount of its eligible converted ZEV and PHEV values
to meet a ZEV requirement shortfall as long as the cumulative quantity used for
model years 2026 through 2030 is equal to or below the calculated cumulative
allowance. A manufacturer electing to use the cumulative allowance must do so
for all model years prior to and including 2030, must declare this election in
its end-of-model-year report for the first model year subject to the Annual ZEV
Requirements of this section, and may not use the annual allowance of
subsection (g)(2)(B) for any model years.
1.
To calculate the converted ZEV and PHEV cumulative allowance, an allowance
shall be calculated by multiplying 10 percent times the applicable model year
Annual ZEV Requirement calculated in subsection (c)(1)(A) for each model year
from 2026 through 2030 that the Annual ZEV Requirements apply and then shall be
summed together for the cumulative allowance.
2. For model years 2026 through 2028:
a. If a manufacturer designates a usage of
environmental justice vehicle values in its end-of-model-year report required
in subsection (j)(3) that is greater than or equal to the environmental justice
cumulative allowance threshold in subsection (g)(2)(C)2.d. in one of these
three model years 2026 through 2028, an additional 5 percent times the
applicable model year Annual ZEV Requirement calculated in subsection (c)(1)(A)
for each of the first three model years of the Annual ZEV Requirements of this
section shall be calculated and added to the cumulative allowance calculated in
subsection (g)(2)(C)1.
b. If a
manufacturer designates such a usage of environmental justice vehicle values at
or above the environmental justice cumulative allowance threshold in subsection
(g)(2)(C)2.d. in two of these three model years 2026 through 2028, an
additional 5 percent times the applicable model year Annual ZEV Requirement
calculated in subsection (c)(1)(A) for each of the first four model years of
the Annual ZEV Requirements of this section shall be calculated and added to
the cumulative allowance calculated in subsection (g)(2)(C)1.
c. If a manufacturer designates such a usage
of environmental justice vehicle values at or above the environmental justice
cumulative allowance threshold in subsection (g)(2)(C)2.d. in all three of
these three model years 2026 through 2028, an additional 5 percent times the
applicable model year Annual ZEV Requirement calculated in subsection (c)(1)(A)
for each of the first five model years of the Annual ZEV Requirements of this
section shall be calculated and added to the cumulative allowance calculated in
subsection (g)(2)(C)1.
d. For
purposes of this section, the environmental justice cumulative allowance
threshold in model years 2026 through 2028 shall be calculated in vehicle
values by multiplying 0.5 percent times the applicable model year Annual ZEV
Requirement calculated in subsection (c)(1)(A).
3. In the end-of-model-year report required
in subsection (j)(3), the manufacturer shall include data supporting its
calculation and designation of converted ZEV and PHEV values used to meet a ZEV
requirement shortfall for the current model year and its calculation of the
cumulative converted ZEV and PHEV allowance and cumulative usage for the
current and previous model years. If the cumulative converted ZEV and PHEV
values used by the manufacturer in a given model year exceeds the cumulative
ZEV and PHEV allowance as calculated solely for that given model year and
previous model years, the manufacturer must also include a calculation of the
remaining cumulative portion of the allowance that will be earned based on the
projected number of light-duty vehicles to be produced and delivered for sale
in California through the 2030 model year.
4. Manufacturers utilizing the cumulative
allowance in lieu of the annual allowance are also subject to the PHEV vehicle
value usage restrictions of subsection (g)(1)(E) on a cumulative basis rather
than annual basis (i.e., the sum of 20 percent times the applicable model year
Annual ZEV Requirement for each model year from 2026 through 2030 that the
Annual ZEV Requirements apply). A manufacturer exceeding the annual usage
restrictions of subsection (g)(1)(E) in a model year due to the usage of
converted PHEV values under this cumulative allowance provision must include
data in its end-of-model-year report supporting its calculation that cumulative
used and projected future PHEV vehicle value usage for model years 2026 through
2030 will be below the calculated cumulative PHEV
allowance.
(3)
Pooled ZEV and PHEV Values. Manufacturers may transfer excess
2026 through 2030 model year ZEV and PHEV values earned in California or a
Section 177 ZEV state to satisfy shortfalls or deficits in 2026 through 2030
model years earned in California or a Section 177 ZEV state. A manufacturer may
not transfer more excess ZEV or PHEV values than are necessary to fulfill a
shortfall within a given year or a deficit carried forward from a previous
model year.
(4) Calculation of
Proportional FCEV Allowance and Earning of Proportional FCEV Values.
(A) For each model year from 2026 through
2030, the "annual proportional FCEV allowance" shall be calculated for each
manufacturer that produces and delivers FCEVs for sale in California or any
Section 177 ZEV state as follows:
1. The
annual proportional FCEV allowance shall be based on the state among California
and all Section 177 ZEV states with the highest quantity of vehicle values
earned from FCEVs in the calculation of a manufacturer's ZEV requirement
performance in subsection (f)(1)(A) in the applicable model year for the
manufacturer.
2. The manufacturer's
"FCEV percentage share" shall be calculated by dividing the number of vehicle
values from FCEVs earned in the state determined per subsection (g)(4)(A)1. by
the manufacturer's Annual ZEV Requirement (in vehicle values) calculated in
subsection (c)(1)(A) for the model year in the same state.
3. The manufacturer's annual proportional
FCEV allowance shall be calculated by multiplying the FCEV percentage share, or
10 percent, whichever is smaller, times the applicable model year Annual ZEV
Requirement (in vehicle values) calculated in subsection
(c)(1)(A).
(B) For each
model year from 2026 through 2030, manufacturers earn "proportional FCEV
values" as follows:
1. In each state, the
manufacturer shall earn proportional FCEV values equal to the annual
proportional FCEV allowance in the state minus the vehicle values earned from
FCEVs in the state in the calculation of the manufacturer's ZEV requirement
performance in subsection (f)(1)(A).
2. If the vehicle values earned from FCEVs in
the state is equal to or exceeds the proportional FCEV allowance, no
proportional FCEV values are earned for that model year in the
state.
(C) Manufacturers
may fulfill a portion of their ZEV requirement shortfall each model year with
proportional FCEV values according to the following provisions:
1. Proportional FCEV values may only be used
in the same model year and same state in which they were earned.
2. Proportional FCEV values may not be banked
for use in other model years, pooled for use in other states, or traded for use
by other manufacturers.
(h) Determining Compliance or Deficit with
Annual ZEV Requirements.
(1)
Demonstrating Compliance. Each manufacturer must report in
accordance with subsection (j), its ZEV requirement performance for the model
year under subsection (f) and the resulting surplus or shortfall in values for
the model year after applying any values according to subsection (g).
(2)
Incur and Carry Forward a ZEV
Deficit. If a shortfall in meeting the Annual ZEV Requirement remains
after determining compliance under subsection (h)(1), the manufacturer shall
incur a deficit for the model year. A manufacturer must make up the deficit
within three model years following the model year in which the deficit was
earned by submitting a commensurate amount, within applicable allowances for
fulfilling a ZEV requirement shortfall, under subsection (g)(1) for the model
year in which the deficit was earned, of excess ZEV, PHEV, or environmental
justice vehicle values, early compliance vehicle values, or pooled ZEV or PHEV
values to the Executive Officer. For example, a manufacturer must resolve a
2026 model year deficit by the conclusion of the 2029 model
year.
(i) Certification
Requirements. A manufacturer must submit an application to CARB to obtain
certification for all new ZEVs and PHEVs.
(1)
ZEV Test Group Certification. ZEV models must be certified according to test
groups. Manufacturers shall include in the same test group those light-duty ZEV
models that have the same: battery or fuel cell configuration, motor
configuration, and expected degradation in usable battery energy. Manufacturers
shall use good engineering judgment to combine vehicles in test groups for the
purposes of certification and demonstrating compliance with the useful life
requirements under subsection (d)(2).
(2) Application for Certification for Plug-in
Hybrid Electric Vehicles. Except as noted below, the Part I certification
application (40 Code of Federal Regulations (CFR) § 86.1843-01(c)
incorporated per the 2026 ZEV and PHEV Test Procedures) for PHEVs shall also
include the following:
(A) Identification and
description of the test group and vehicle(s) covered by the application.
1. Identification and description of all
vehicles within the test group to be produced and delivered for sale in
California. The description must be sufficiently detailed to determine, for
each vehicle, all appropriate test parameters and any special test procedures
necessary to conduct official exhaust emission, evaporative emission, energy
consumption, or range tests as required by the 2026 ZEV and PHEV Test
Procedures.
2. Identification of
the vehicle curb weight, gross vehicle weight rating (GVWR), and weight
class(es) to which vehicles in the test group are certifying (e.g., PC,
LDT1).
3. Projected number of
vehicles to be produced and delivered for sale in California.
4. Identification and description of the
propulsion system for the vehicle.
5. Identification and description of the
energy storage system for the vehicle
6. Identification and description of the
climate control system used in the vehicle.
7. Identification and description of the
charging system for the vehicle including the onboard charger capability,
maximum allowable direct current fast charge capability and vehicle connector
specification (if equipped), and the charging cord included with the vehicle
(if applicable), pursuant to CCR, title 13, section
1962.3.
(B) A comprehensive list of all cycle
specific and combined cycle emission, energy consumption, and range test
results conducted pursuant to the 2026 ZEV and PHEV Test Procedures including:
1. Intermediate and final measured or
calculated values used per the 2026 ZEV and PHEV Test Procedures to calculate
cycle specific emissions, energy consumption, and range values.
2. Identification of type of operation or
driver-selectable mode used to represent worst case emissions for each emission
test, and, where applicable, identification of end-of-test criteria utilized
for each test per the 2026 ZEV and PHEV Test Procedures.
3. If the Alternative Urban Charge-Depleting
Emission Test was used, the all-electric range/equivalent all electric range
(AER/EAER) ratio and the attestation that a minimum of four UDDS cycles were
driven without any engine startups.
4. Vehicle and battery break-in periods, in
miles, used by the vehicle manufacturer prior to testing for certification and
the methods used to determine them.
(C) Data and calculations used to determine
battery specific energy including the weight of the battery system determined
according to the 2026 ZEV and PHEV Test Procedures.
(D) Data used by the manufacturer to
establish that the battery state of health parameter will correlate to usable
battery energy, as determined per the 2026 ZEV and PHEV Test Procedures within
the required accuracy per CCR, title 13, 1962.5.
(E) A copy of instructions provided to
vehicle owners on how to access, in vehicle and without the use of tools, the
battery state of health parameter, distance traveled since battery state of
health last reset, actual rate of charge occurring, and maximum charge rate
vehicle can currently accept as required by CCR, title 13, 1962.5.
(F) Identification of the length and terms of
the propulsion-related parts warranty and battery warranty, pursuant to CCR,
title 13, section
1962.8.
(G) Sample label pursuant to CCR, title 13,
section 1962.6, including label format,
size, and location.
(H) A copy of
the information provided to the vehicle owner for proper and safe operation of
the vehicle, including information on the safe handling of the battery system
and emergency procedures to follow in the event of battery leakage or other
malfunctions that may affect the safety of the vehicle operator or vehicle
testing laboratory personnel.
(3) Application for Certification for Battery
Electric Vehicles and Fuel Cell Electric Vehicles. Except as noted below, the
Part I certification application (40 CFR §
86.1843-01(c) incorporated
per the 2026 ZEV and PHEV Test Procedures) for Battery Electric Vehicles and
Fuel Cell Electric Vehicles shall also include the following:
(A) Correspondence and communication
information, consisting of names, mailing addresses, phone and fax numbers, and
e-mail addresses of all manufacturer representatives authorized to be in
contact with CARB compliance staff. At least one contact must be
provided.
(B) Identification and
description of the test group covered by the application.
(C) Identification and description of all
vehicles within the test group to be produced and delivered for sale to
California. The description must be sufficiently detailed to determine for each
vehicle all appropriate test parameters and any special test procedures
necessary to conduct official exhaust emission, evaporative emission, energy
consumption, or range tests as required by the 2026 ZEV and PHEV Test
Procedures. The description shall include:
1.
Identification of the vehicle curb weight, GVWR, and weight class(es) to which
vehicles in the test group are certifying (e.g., PC, LDT1).
2. Projected number of vehicles to be
produced and delivered for sale in California.
3. Identification and description of the
propulsion system for the vehicle.
4. Identification and description of the
energy storage system for the vehicle.
5. Identification and description of the
climate control system used on the vehicle.
6. For off-board charge capable vehicles,
identification and description of the charging system for the vehicle including
the onboard charger capability, maximum allowable direct current fast charge
capability and vehicle connector specification, and the charging cord included
with the vehicle, pursuant to CCR, title 13, section
1962.3.
(D) A comprehensive list of all cycle
specific and combined cycle energy consumption and range test results conducted
pursuant to the 2026 ZEV and PHEV Test Procedures including:
1. Intermediate measured or calculated values
used per the 2026 ZEV and PHEV Test Procedures to calculate cycle specific
energy consumption and range values including usable battery energy and
hydrogen tank usable fuel amount.
2. If the test group includes multiple
vehicle models, sub-configurations, or other vehicle variants that have
different range values used by the manufacturer for certification, labeling,
advertising, or ordering (e.g., trim packages that yield different label range
values), identification of each of the unique range values and the vehicle
variants that each range value applies to for purposes of determining the
applicable range to use for the durability requirement of subsection
(d)(2).
3. Vehicle, fuel cell, and
battery break-in periods, in miles, used by the vehicle manufacturer prior to
testing for certification and the methods used to determine them.
4. BEVs: SAE J1634 test methodology used
(e.g., single cycle test, multi-cycle test), constant discharge rate used for
the SAE J1634 short multi-cycle test (and description of how the rate was
determined), and constant speed and time or distance for constant speed cycle
portions of the multi-cycle test or short multi-cycle plus steady state
test.
(E) Data and
calculations used to determine battery specific energy including the weight of
the battery system determined according to the 2026 ZEV and PHEV Test
Procedures.
(F) Data used by the
manufacturer to establish that the battery state of health parameter will
correlate to usable battery energy as determined per the 2026 ZEV and PHEV Test
Procedures within the required accuracy per CCR, title 13, 1962.5, and include
a chart or table identifying the expected degradation in usable battery energy
relative to time and mileage over the useful life for vehicles in the test
group as defined under subsection (d)(2).
(G) A copy of instructions provided to
vehicle owners on how to access, in vehicle and without the use of tools, the
battery state of health parameter, distance traveled since battery state of
health last reset, actual rate of charge occurring, and maximum charge rate
vehicle can currently accept as required by CCR, title 13, 1962.5.
(H) Identification of the length and terms of
the propulsion-related parts warranty and battery warranty, pursuant to CCR,
title 13, section
1962.8.
(I) Sample label pursuant to CCR, title 13,
section 1962.6, including label format,
size, and location.
(J) Information
provided to the vehicle owner for proper and safe operation of the vehicle,
including information on the safe handling of the battery system and emergency
procedures to follow in the event of battery leakage or other malfunctions that
may affect the safety of the vehicle operator or vehicle testing laboratory
personnel.
(K) Information provided
to the vehicle owner for proper and safe operation of the vehicle, including
information on the safe handling of the fuel cell system and hydrogen storage
system and emergency procedures to follow in the event of hydrogen or battery
leakage or other malfunctions that may affect the safety of the vehicle
operator or vehicle testing laboratory personnel.
(L) An attestation that all vehicles, except
as otherwise allowed in CCR, title 13, section
1962.5(g), in the
test group covered by the application comply with the requirements of CCR,
title 13, section
1962.5, and that the manufacturer
will comply with the required deadlines for submission of results and data for
production vehicle evaluation testing under CCR, title 13, section
1962.5(e)(5). For
vehicles with deficient requirements per CCR, title 13, section
1962.5(g), the
manufacturer must include a list of the deficient requirements and any changes
in or resolutions of those deficient requirements from the equivalent previous
model year test group.
(M)
Identification of the communication protocol utilized by vehicles in the test
group for communication of the required standardized data to an off-board tool,
per CCR, title 13, section
1962.5.
(4) Supplemental Application for
Certification for ZEVs and PHEVs. Except as noted below, the Part II
certification application (40 CFR §
86.1843-01(d) incorporated
per the 2026 ZEV and PHEV Test Procedures) for ZEVs and PHEVs shall include the
following:
(A) Documentation used to identify
the "high-priced" warranted propulsion-related parts including the estimated
retail parts costs, labor rates in dollars per hour, and the labor hours
necessary to diagnose and replace the parts required per CCR, title 13, section
1962.8.
(B) A copy of each of the required documents
per CCR, title 13, section
1962.8(c)(5), (c)(6), and
(i).
(C) A pictorial representation or written
description of the diagnostic connector (including any covers or labels) and
its location that is representative of every vehicle model covered by the
application, per CCR, title 13, section
1962.5. The manufacturer may
submit one representative set of this information for a group of vehicle models
whose diagnostic connectors have the same design, orientation, and location per
CCR, title 13, section
1962.5.
(5) Application for Certification for
Neighborhood Electric Vehicles. Although NEVs may not be counted in determining
the manufacturer's Annual ZEV Requirement in subsection (c) nor counted toward
meeting a manufacturer's Annual ZEV Requirement in subsections (e) through (h)
nor otherwise earn vehicle values under this section, certification
applications for NEVs shall include the following information:
(A) Identification and description of the
vehicle(s) covered by the application.
(B) Identification of the curb weight and
gross vehicle weight rating of the vehicle.
(C) Identification and description of the
propulsion system and battery
(D)
Projected number of vehicles to be produced and delivered for sale in
California.
(E) Information for
proper and safe operation and maintenance of the vehicle, including recharging
information.
(F) Description of how
the maximum speed of the NEV is limited to 25 miles per hour and the tamper
resistance features provided on the speed limiter.
(G) A copy of the owner's
manual.
(6) Application
for Certification for ZEVs with less than 200 miles certified range value.
Although ZEVs with less than 200 miles certified range value may not be counted
in determining the manufacturer's Annual ZEV Requirement in subsection (c), nor
counted toward meeting a manufacturer's Annual ZEV Requirement in subsections
(e) through (h), and may not otherwise earn ZEV vehicle values under this
section, ZEVs with less than 200 miles certified range value must still apply
for certification in accordance with subsections (i)(3) and (4). ZEVs with less
than 200 miles certified range value must meet requirements in subsection
(d)(2) through (7).
(7) Application
for Certification for Zero-Emission Medium-Duty Vehicles. Each zero-emission
medium-duty vehicle produced and delivered for sale in California for which the
manufacturer elects to earn vehicle values that may be used to meet the
passenger car and light-duty truck Annual ZEV Requirements of subsection (c)
shall:
(A) Nothwithstanding CCR, title 13,
sections 1963 through
1963.5, be counted as a vehicle in
the calculation of the manufacturer's production volume in subsection (c)(1)C)
to determine the manufacturer's Annual ZEV Requirements under this section and
not be counted as a vehicle in the determination of the manufacturer's ZEV
deficit in CCR, title 13, section
1963.1;
(B) Meet the requirements for light-duty ZEVs
in subsection (d) of this regulation;
(C) Meet requirements for earning and using
vehicle values in subsections (e) through (g) and be subject to the enforcement
provisions of subsection (m) of this regulation;
(D) Be ineligible to generate credits for use
in the Advanced Clean Trucks program of CCR, title 13, sections
1963 through
1963.5;
(E) Be grouped into medium-duty
vehicle-specific ZEV Test Groups in accordance with the criteria in subsection
(i)(1);
(F) Meet the application
for certification requirements, and supplemental application for certification
requirements, applicable to light-duty ZEVs in subsections (i)(3) and (i)(4),
respectively; and
(G) Meet the
reporting and disclosure requirements of subsections (j) and (k) of this
regulation and the reporting requirements of CCR, title 13, section
1963.4(c).
(j) ZEV Reporting and Record Keeping
Requirements.
(1) Projected Sales of ZEVs and
PHEVs for Future Model Years. Each manufacturer subject to the Annual ZEV
Requirements of subsection (c) shall submit a projected ZEV and PHEV sales
report by April 1 of each calendar year beginning with the 2026 calendar year.
The report shall include the manufacturer's projected number of ZEVs and PHEVs
to be produced and delivered for sale in California for the next model year not
yet currently being produced and delivered for sale in California, plus each of
the subsequent four model years. For example, a manufacturer producing and
delivering 2026 model year ZEVs and PHEVs as of April 1, 2026 shall submit
projected sales for 2027 through 2031 model years. For each model year covered
by the report, the manufacturer shall support the projected number of ZEVs and
PHEVs by submitting the following:
(A) Total
projected light-duty vehicles to be produced and delivered for sale in
California;
(B) For each individual
battery electric vehicle and PHEV model, the model name, projected sales, and
planned specifications for: vehicle certification weight category (e.g., PC,
LDT 3751-5750 loaded vehicle weight (LVW)), all-electric range, battery pack
energy capacity (kWh), onboard charger rating (kW), direct current fast charge
(if equipped) vehicle connector specification and maximum charge rate (kW), and
vehicle to grid capability (e.g., none, AC and DC per ISO 15118-20);
and
(C) For each individual FCEV
model, the model name, projected sales, and planned specifications for: vehicle
certification weight category (e.g., PC, LDT 3751-5750 LVW), vehicle fuel
pressure rating, fuel tank capacity, and vehicle range.
(2) ZEV Requirement Performance for the Model
Year. In order to verify the status of each manufacturer's ZEV requirement
performance for a given model year, each manufacturer shall submit a report to
the Executive Officer annually, prior to May 1 of the calendar year following
the close of the model year. The end-of-model-year report must contain the
following information:
(A) Total number of
light-duty vehicles produced and delivered for sale in California for the model
year and each of the four prior model years.
(B) Data for each ZEV and PHEV, meeting the
minimum requirements of subsections (e)(1), that was produced and delivered for
sale for that model year including: vehicle identification number (VIN), model
year, Executive Order number, make, model, test group, and state.
(C) Data for each individual ZEV and PHEV
qualifying for additional environmental justice vehicle values of subsection
(e)(2):
1. New ZEVs and PHEVs Provided for Use
in Community-based Clean Mobility Programs at the first day of the model year
through December 31 of the calendar year: VIN, model year, make, model, test
group, Executive Order number of community-based clean mobility program, name
of community-based clean mobility program, MSRP, sales price for the vehicle,
date of sale or lease, and copy of the vehicle purchase agreement.
2. Vehicles in California Sold At the End of
Lease to Participating Dealerships in January 1 through December 31 of the
calendar year: VIN, make, model, test group, MSRP, odometer reading at time of
sale, participating dealer name, participating dealer address, date vehicle
sold to a participating dealer. Vehicles in California sold at the end of lease
to a financial assistance program participant: VIN and date of sale.
3. New ZEVs and PHEVs below MSRP threshold:
VIN, model year, make, model, test group, and MSRP.
(D) Calculation of the manufacturer's ZEV
requirement performance including separate calculations of any PHEV or
environmental justice vehicle values earned in the model year in excess of the
respective allowances.
(3) End-of-Model-Year Report of Compliance or
Deficit to the Annual ZEV Requirement. In order to verify the compliance or
deficit status for a given model year, each manufacturer shall submit a report
to the Executive Officer annually, prior to September 1 of the calendar year
following the close of the model year. The report shall contain the following
information:
(A) Calculation of the
manufacturer's ZEV requirement performance per subsection (f) including
separate designation on usage of ZEV values earned in the model year per
subsection (d) and PHEV values, environmental justice, and early compliance
vehicle values per subsection (e).
(B) Designation of any excess vehicle values
earned in the model year including quantity and receiving state or manufacturer
(if applicable) under the provisions for banking, usage for satisfying a
deficit, transfer through pooling provisions of subsection (g), or
trading.
(C) Designation of the
usage of any vehicle values to resolve shortfalls earned in the model year
including quantity and originating state or manufacturer (if applicable) under
the provisions for use of excess vehicle values of any type, converted ZEV and
PHEV values, transfer through pooling provisions of subsection (g), or
trading.
(D) Designation of the
usage of any early compliance vehicle values for satisfying a deficit or
trading.
(E) Starting and ending
balances of vehicle values for the model year including trades to or from the
manufacturer for each type of vehicle value including quantity and vintage
(model year earned).
(4)
Reporting Early Compliance Vehicle Values. A manufacturer electing to earn
early compliance vehicle values must report in its annual report required per
CCR, title 13, section
1962.2 and incorporated test
procedures, section D.3., its qualification, calculation, eligibility for, and
designation of, such vehicle values per subsection (e)(3).
(5) Record keeping. A manufacturer shall
maintain the documents and information gathered to compile each report required
under subsections (j)(2) through (4) in a form suitable for inspection, such as
computer files, for five years after submission of the report. The manufacturer
shall make such records available to the Executive Officer within 30 days upon
request to verify the accuracy of the reported information.
(k) Disclosure of ZEV Records.
(1)
Public Disclosure.
Unless identified as a trade secret or otherwise confidential under CCR, title
17, section 91011, and supported as such under CCR, title 17, section 91022,
records in the Board's possession for the vehicles subject to the requirements
of section
1962.4, such as the following, are
subject to disclosure as public records:
(A)
Each manufacturer's annual production data and the corresponding vehicle values
earned for ZEVs and PHEVs; and
(B)
Each manufacturer's annual balances for each model year for:
1. Each type of vehicle value: ZEVs, PHEVs,
converted ZEVs, converted PHEVs, early compliance ZEVs, early compliance PHEVs,
and environmental justice vehicle values; and
2. Excess vehicle values acquired from, or
transferred to another party (i.e. transfers and pooled credits), and the
identity of the parties themselves.
(2)
Disclosure to the U.S.
Environmental Protection Agency. Records in the Board's possession for
the vehicles subject to the requirements of section
1962.4 shall be subject to
disclosure to the federal Environmental Protection Agency, which protects trade
secrets as provided in section 114(c) of the Clean Air Act and amendments
thereto (42 U.S.C. §
7401 et seq.) and in federal
regulations.
(l)
Definitions. The definitions in the 2026 ZEV and PHEV Test
Procedures, those in CCR, title 13, section
1900, and the following
definitions apply to this section:
"Attestation" means a statement signed and dated by an
individual, who is employed by a manufacturer and authorized to affirm the
attested statement on behalf of the manufacturer, certifying under penalty of
perjury under the laws of the State of California that the attested statement
is true, accurate, and complete.
"Certification range value" means a BEV's or PHEV's
calculated combined urban and highway all-electric range values, or a FCEV's
calculated combined urban and highway driving range, measured and calculated in
accordance with sections D. and E. of the 2026 ZEV and PHEV Test Procedure, and
reported on the vehicle's CARB-issued Executive Order. The certification range
value shall be calculated as follows:
Certification Range Value
= 0.55 x Urban All-Electric (or
Driving for FCEV)Range Value
+ 0.45 x Highway All-Electric (or
Driving for FCEV)Range Value
"Financial assistance program" means a vehicle purchase
incentive program where approved dealerships accept a point-of-sale incentive
for used ZEVs and PHEVs for lower-income consumers. Qualifying programs in
California include the Clean Cars 4 All Program established by Health and
Safety Code Section
44124.5,
the Financing Assistance for Lower-Income Consumers Project established
pursuant to Health and Safety Code section
44258.4,
or successor State programs that meet this definition.
"Community-based clean mobility program" means a program
that:
1) provides access to clean
mobility solutions other than vehicle ownership including ZEV car sharing,
ride-sharing, vanpools, ride-hailing, or on-demand first-mile/last-mile
services;
2) serves a community in
which at least 75 percent of the census tracts in the project area (where
community residents live and services operate) are: a disadvantaged community,
as defined in California by Health and Safety Code section
39711,
a low-income community as defined in California by Health and Safety Code
section
39713,
or a tribal community regardless of federal recognition; and
3) is implemented by a community-based
organization; Native American Tribal government regardless of federal
recognition; or a public agency or nonprofit organization that has received a
letter of support from a project-related community-based organization or local
community group that represents community members that will be impacted by the
project or has a service background related to the type of project.
"Excess values" means both vehicle values earned in excess
of the allowance listed for the value type in subsection (e), and vehicle
values in any category that comprise a surplus in a given model year per
subsection (f)(2).
"Manufacturer's suggested retail price" (MSRP) means the
base retail price of the vehicle suggested by the manufacturer.
"Neighborhood Electric Vehicle" (NEV) means a motor vehicle
that meets the definition of "low-speed vehicle" either in section
385.5 of the
Vehicle Code or in 49 CFR
§
571.500 (July 1, 2000). NEVs do not
qualify to count toward a manufacturer's Annual ZEV Requirement under this
section 1962.4.
"Non-methane organic gases plus oxides of nitrogen (NMOG +
NOx) production report" means the annual end-of-model-year report manufacturers
submit to demonstrate compliance with CCR, title 13, section
1961.4 pursuant to Part I, section
J.13 of the incorporated test procedures.
"Provided for use" means sold or leased to a
community-based clean mobility program or to a mobility service provider that
operates mobility services for a community-based clean mobility program.
"Rounded to the nearest whole vehicle value" means to
increase the last digit to be retained when the following digit is five or
greater. Retain the last digit as is when the following digit is four or
less.
"Section 177 ZEV state" means a state or the District of
Columbia that has adopted this section
1962.4 pursuant to section 177 of
the federal Clean Air Act (42 U.S.C. §
7507).
"Shortfall" means when a manufacturer's ZEV requirement
performance, calculated per subsection (f), is below the applicable Annual ZEV
Requirement, calculated per subsection (c)(1)(A).
"Surplus" means when a manufacturer's ZEV requirement
performance, calculated per subsection (f), is above the applicable Annual ZEV
Requirement, calculated per subsection (c)(1)(A).
(m) Enforcement of ZEV Requirements.
(1) Submitting incorrect information, or
failing to submit required information, is a violation of this section for
which violators are subject to penalty. Each incorrect or omitted statement in
a submission to the Executive Officer is a separate violation of this
section.
(2) Incorrect information.
If the Executive Officer finds that any ZEV or PHEV value was obtained based on
incorrect information, the value will be deemed invalid.
(A) The Executive Officer shall notify a
manufacturer in writing of an initial finding and shall specify the information
initially found to be incorrect. The manufacturer may, within 20 days, provide
to the Executive Officer information or records to correct or validate the
originally submitted information.
(B) Within 50 days after making an initial
finding, the Executive Officer shall make a final finding based on available
information whether a ZEV or PHEV value was obtained based on incorrect
information and shall notify the manufacturer in writing of this final
finding.
(C) Within 30 days after
the Executive Officer notifies a manufacturer of a final finding, a
manufacturer may petition for review of the finding by requesting an
administrative hearing in accordance with the procedures specified in CCR,
title 17, division 3, chapter 1, subchapter 1.25, article 2 (commencing with
section 60055.1).
(3)
Penalties. A manufacturer that fails to make up a ZEV deficit is subject, for
each deficit ZEV value, to the Health and Safety Code section
43211
civil penalty applicable to a manufacturer that sells a new motor vehicle that
does not meet the applicable emission standards adopted by the state board. To
calculate penalties under Health and Safety Code section
43211,
subdivision (b), as it is in effect as of August 25, 2022, a deficit of one ZEV
value towards meeting a manufacturer's Annual ZEV Requirement under subsection
(c) of this regulation for a given model year will be equal to four
zero-emission vehicle credits under the statute. The cause of action shall be
deemed to accrue when the ZEV deficit is not balanced by the end of the
specified time allowed by subdivision (h)(2) of this regulation. A manufacturer
is also subject to penalties as provided by law, including those authorized
under Health and Safety Code section
43016
and
43212,
for any other violations of the requirements of this Article 2, Approval of
Motor Vehicle Pollution Control Devices (New Vehicles), of title 13 of the
CCR.
(n) Electronic
Submittal. Unless otherwise specified, reports, documentation, and requests
under this Section must be provided to CARB through the Zero Emission Vehicle
Credit Reporting and Data Tracking System through the website:
https://ssl.arb.ca.gov/ZEV-CRDTS/home/index.
Reports, documentation, and requests under subsection (i) must be provided to
CARB through the electronic Document Management System available through the
website:
https://arb.ca.gov/certification-document-management-system.
(o) Severability. Each provision of this
section is severable, and in the event that any provision of this section is
held to be invalid, the remainder of this section and this article remains in
full force and effect.
1. New
section 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 38510, 38560, 38562,
38565, 38580, 39002, 39003, 39039, 39600, 39601, 39602.5, 43013, 43016, 43018,
43018.5, 43023, 43101, 43104, 43105, 43106, 43154, 43211, 43212 and 50093,
Health and Safety Code; Sections 1633.7 and 1633, Civil Code; and
42 U.S.C, sections
7414,
7507. Reference: Sections 38562,
38562.5, 38565, 38580, 39002, 39003, 39039, 43013, 43016, 43018, 43018.5,
43023, 43100, 43101, 43102, 43104, 43105, 43106, 43154, 43205, 43211, 43212,
43205.5 and 44391.2, Health and Safety Code; Sections 1633.7 and 1633.8, Civil
Code; and Engine Manufacturers Association v. State Air Resources Board (2014)
231 Cal.App.4th 1022.