Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose. The purpose of sections
1963,
1963.1,
1963.2,
1963.3,
1963.4, and
1963.5 is to accelerate the market
for on-road zero-emission vehicles and to reduce emissions of oxides of
nitrogen (NOx), fine particulate matter (PM), other criteria pollutants, toxic
air contaminants, and greenhouse gases (GHG) from medium- and heavy-duty
on-road vehicles.
(b) Scope and
Applicability. Any manufacturer that certifies on-road vehicles over 8,500 lbs.
gross vehicle weight rating for sale in California is subject to sections
1963,
1963.1,
1963.2,
1963.3,
1963.4, and
1963.5 except as specified in
section 1963(e).
(c) Definitions. The following definitions
apply for sections
1963 through
1963.5:
(1) "All-electric range" means the number of
miles a vehicle can travel using electricity stored on-board the vehicle as
tested per the requirements of
17 CCR
section 95663(d) for on-road
vehicles with a GVWR over 8,500 lbs.
(2) "Class 2b-3" means an on-road vehicle
with a GVWR that is 8,501 pounds up to 14,000 pounds.
(3) "Class 2b-3 group" means the group of all
on-road vehicles with a GVWR that is 8,501 pounds up to 14,000
pounds.
(4) "Class 4" means an
on-road vehicle with a GVWR that is 14,001 pounds up to 16,000
pounds.
(5) "Class 4-8 group" means
the group of all on-road vehicles with a GVWR that is 14,001 pounds and above,
including "yard tractors" as defined in 1963(c)(20), except for a "tractor" as
defined in section
1963(c)(18).
(6) "Class 5" means an on-road vehicle with a
GVWR that is 16,001 pounds up to 19,500 pounds.
(7) "Class 6" means an on-road vehicle with a
GVWR that is 19,501 pounds up to 26,000 pounds.
(8) "Class 7" means an on-road vehicle with a
GVWR that is 26,001 pounds up to 33,000 pounds.
(9) "Class 7-8 tractor group" means a group
of on-road vehicles, that have a GVWR 26,001 pounds and above, including all
vehicles that meet the definition of "tractor" as defined in section
1963(c)(18),
except "yard tractors" as defined in section
1963(c)(20).
(10) "Class 8" means an on-road vehicle with
a GVWR that is 33,001 pounds and above.
(11) "Excluded bus" means a vehicle that
meets the following conditions:
(A) A
passenger-carrying vehicle with a GVWR that is 14,001 pounds or more;
(B) Has a load capacity of fifteen (15) or
more passengers;
(C) Is not a
cutaway vehicle as defined in
13 CCR
section 2023 (b)(17);
and
(D) Is not a school bus as
defined in the California Vehicle Code section 545.
(12) "Executive Officer" means the Executive
Officer of the California Air Resources Board (CARB) or his or her authorized
representative.
(13) "Gross vehicle
weight rating or "GVWR" has the same meaning as GVWR in California Vehicle Code
section 350.
(14) "Manufacturer"
means any person who assembles new on-road motor vehicles, or imports such
vehicles for resale, or who acts for and is under the control of any such
person in connection with the distribution of new motor vehicles, but shall not
include any dealer with respect to new motor vehicles received in commerce. In
general, this term includes any person who manufactures or assembles an on-road
vehicle or other incomplete on-road vehicle for sale in California or otherwise
introduces a new on-road motor vehicle into commerce in California. This
includes importers who import on-road vehicles for resale and persons that
assemble glider vehicles. This does not include persons who supply parts to the
importer or vehicle manufacturer of record.
(15) "Model year" means a designation meeting
the definition of "model year" under
17 CCR
section
95662(a)(16).
(16) "Near-zero-emission vehicle" or "NZEV"
means one of the following:
(A) An on-road
plug-in hybrid electric vehicle which has the same definition as that in
40 CFR section
86.1803-01, amended on July 1, 2011,
incorporated by reference herein, that achieves all-electric range as defined
in section
1963(c)(1);
or
(B) An on-road hybrid electric
vehicle that has the capability to charge the battery from an off-vehicle
conductive or inductive electric source and achieves all-electric range as
defined in section
1963(c)(1).
(17) "NZEV credit" means a credit generated
by producing and selling a NZEV in California.
(18) "Tractor" means an on-road vehicle
meeting one of the following:
(A) The
definition of "tractor" in
17 CCR
section 95662(a)(23);
or
(B) The definition of
"vocational tractor" in
17 CCR
section
95662(a)(27).
(19) "Vehicle" or "on-road vehicle" means new
equipment that meets the following criteria:
(A) Has a GVWR that is 8,501 pounds and
above;
(B) Is equipment intended
for use on highways, and meets the definition set forth in
17 CCR
section
95662(a)(26);
(C) Is not a trailer as defined in
17 CCR
section 95662(a)(24);
and
(D) Is not an excluded bus as
defined in section
1963(c)(11).
(20) "Yard tractor" means a vehicle that was
originally designed to be operated on-road and has a movable fifth wheel that
can be elevated and is used in moving and spotting trailers and containers at a
location or facility. Yard tractors are also commonly known as yard goats,
hostlers, yard dogs, trailer spotters, or jockeys.
(21) "Zero-emission vehicle" or "ZEV" means
an on-road vehicle with a drivetrain that produces zero exhaust emission of any
criteria pollutant (or precursor pollutant) or greenhouse gas under any
possible operational modes or conditions.
(22) "ZEV credit" means a credit generated by
producing and selling a ZEV into California.
(d) General Requirements. Except as provided
in section
1963(e), a
manufacturer must retire a number of ZEV or NZEV credits that equals or exceeds
their total annual deficits each model year, subject to the provisions of
section 1963.3.
(e) Low Volume Exemption. Each model year,
starting in 2024, manufacturers that do not exceed 500 average annual sales of
on-road vehicles produced and delivered for sale in California for the three
prior model years are exempt from the requirements of sections
1963 through
1963.5. Manufacturers that meet
this exemption as of 2021 but subsequently exceed 500 average annual vehicle
sales in any model year become subject to the requirements of sections
1963 through
1963.5 starting the second model
year after the average annual sales exceeded the threshold.
(f) Voluntary Credit Generation. Any
manufacturer that is exempt may elect to generate ZEV or NZEV credits per the
provisions of section
1963.2. If a manufacturer chooses
to generate ZEV or NZEV credits, it must comply with the credit generation,
banking, and trading provisions of section
1963.2, the reporting and
recordkeeping requirements of section
1963.4, and the enforcement
provisions of section
1963.5.
1. New
section filed 3-15-2021; operative 3-15-2021 pursuant to Government Code
section 11343.4(b)(3) (Register 2021, No. 12). Transmission deadline specified
in Government Code section 11346.4(b) extended 60 calendar days pursuant to
Executive Order N-40-20 and an additional 60 calendar days pursuant to
Executive Order N-71-20.
Note: Authority cited: Sections 38501, 38510, 38560,
38566, 39500, 39600, 39601, 39650, 39658, 39659, 39666, 39667, 43013, 43018,
43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections
38501, 38505, 38510, 38560, 38580, 39000, 39003, 39650, 39655, 43000, 43000.5,
43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43205 and
43205.5, Health and Safety Code.
