Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Enforcement of Requirements. A
manufacturer is subject to the following:
(1)
Audit of Records. A manufacturer must make records of vehicle sales into
California available to the Executive Officer within 30 days of a request for
audit to verify the accuracy of the reported information. Submitting false
information is a violation of this regulation and violators will be subject to
penalty.
(2) Authority to Suspend,
Revoke, or Modify. If the Executive Officer finds that any ZEV or NZEV credit
was obtained based on false information, the credit will be deemed
invalid.
(3) Public Disclosure.
Records in the Board's possession for the manufacturers subject to this
regulation shall be subject to disclosure as public records as follows:
(A) Each manufacturer's annual vehicle sales
data based on the volume of on-road vehicles produced and delivered for sale in
California and the corresponding credits per vehicle earned for the 2021 and
subsequent model years;
(B) Each
manufacturer's annual credit balances for 2021 and subsequent years for ZEVs
and NZEVs; and
(C) Credits earned
under section
1963.2, including credits acquired
from, or transferred to another party, and the parties
themselves.
(4) Penalty
for Failure to Meet Credit and Deficit Requirements. Any manufacturer that
fails to retire an appropriate amount of ZEV or NZEV credits as specified in
section 1963.3(c) and
does not make up deficits within the specified time allowed by section
1963.3(b) shall
be subject to Health and Safety Code section 43212 civil penalty applicable to
a manufacturer who does not comply with emission standards or the test
procedures adopted by the state board. The cause of action shall be deemed to
accrue when the deficit is not balanced by the end of the specified time
allowed by section
1963.3(b). For
the purposes of Health and Safety Code section 43212, the number of vehicles
not meeting the state board's standards or procedures shall be equal to one
half of the manufacturer's outstanding deficit.
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, 43205.5
and 43212, Health and Safety Code.
