Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Requirement. Beginning with the first effective
model year, all of the following that are produced by a motor vehicle
manufacturer and delivered for sale or lease in the state must be certified to
the standards incorporated by reference under part 7023.0150, subpart 2, except
as provided under subpart 2:
A. new motor
vehicles that are passenger cars, light-duty trucks, medium-duty passenger
vehicles, and medium-duty vehicles;
B. new light- or medium-duty motor vehicle
engines; and
C. motor vehicles with
a new motor vehicle engine.
Subp.
2.
Exceptions. This part does not apply to:
A. a used motor vehicle;
B. a new motor vehicle sold to another
dealer;
C. a new motor vehicle sold
to be wrecked or dismantled;
D. a
new motor vehicle sold exclusively for off-highway use;
E. a new motor vehicle sold for registration
out-of-state;
F. a new motor
vehicle that has been certified to standards adopted under authority granted in
United States Code, title 42, section 7521, and that is in the possession of a
rental agency in the state and that is next rented with a final destination
outside of the state;
G. an
authorized emergency vehicle;
H. a
military tactical vehicle;
I. a new
motor vehicle transferred by inheritance;
J. a new motor vehicle transferred by court
decree;
K. a new motor vehicle
acquired by a state resident to replace a motor vehicle that was registered to
the resident and that, while out of state, was damaged, became inoperative
beyond reasonable repair, or was stolen if the replacement motor vehicle is
acquired out of state at the time the previously owned vehicle was damaged,
became inoperative, or was stolen; or
L. a new motor vehicle purchased and
registered in another state by a person who is a resident of that state and who
subsequently establishes residency in Minnesota. Upon registering the new motor
vehicle in Minnesota, the person must provide evidence to the commissioner of
the previous residence and registration.
Subp. 3.
Fleet average
emissions.
A. For first effective model
year motor vehicles and all subsequent model year motor vehicles to which this
part applies, a motor vehicle manufacturer must not exceed the fleet average
non-methane organic gas plus oxides of nitrogen emission values under
California Code of Regulations, title 13, section 1961.2. Credits and debits
may be accrued and used based on a manufacturer's sales in the state of motor
vehicles subject to this part according to California Code of Regulations,
title 13, section 1961.2(c).
B. For
first effective model year motor vehicles and all subsequent model year motor
vehicles to which this part applies, a motor vehicle manufacturer must not
exceed the fleet average greenhouse gas exhaust emission values under
California Code of Regulations, title 13, section 1961.3. For first effective
model year motor vehicles and all subsequent model year motor vehicles,
manufacturers of medium-duty vehicles produced by a motor vehicle manufacturer
and delivered for sale or lease in the state must not exceed the greenhouse gas
emission standards under California Code of Regulations, title 13, section
1956.8(h)(6). Credits and debits may be accrued and used based on a
manufacturer's sales in the state of motor vehicles subject to this part
according to California Code of Regulations, title 13, section
1961.3.
Subp. 4.
Environmental performance labels. Beginning with the first
effective model year and all subsequent model years, all new motor vehicles
subject to this part produced by a motor vehicle manufacturer and delivered for
sale or lease in the state must be affixed with emission control labels and
environmental performance labels according to California Code of Regulations,
title 13, section 1965.
Subp. 5.
Warranty requirements. For all motor vehicles subject to this
part, the motor vehicle manufacturer must provide defect warranty coverage that
complies with California Code of Regulations, title 13, sections 2035, 2037 to
2041, and 2046.
Subp. 6.
Recall requirements. For all motor vehicles subject to this part
and subject to recall in California, the motor vehicle manufacturer must
undertake a recall campaign in this state according to California Code of
Regulations, title 13, sections 2111 to 2121 and 2122 to 2135, unless the
manufacturer demonstrates to the commissioner that the recall is not applicable
to motor vehicles registered in Minnesota.
Subp. 7.
Reporting requirements.
A. By May 1 of the calendar year after the
end of the model year, a motor vehicle manufacturer must annually submit to the
commissioner a report demonstrating that the motor vehicle manufacturer has met
the requirements of subpart 3, item A, for its fleet delivered for sale in the
state.
B. By May 1 of the calendar
year after the end of the model year, a motor vehicle manufacturer must
annually submit to the commissioner a report demonstrating that the motor
vehicle manufacturer has met the requirements of subpart 3, item B, for its
fleet delivered for sale in the state.
C. If requested by the commissioner, a motor
vehicle manufacturer must provide reports in the same format as provided to
CARB on all assembly-line emission testing and functional test results
collected as a result of compliance with this part, warranty claim reports,
recall reports, and any other reports required by CARB under the regulations
incorporated by reference under part 7023.0150. The reports must be
supplemented with data on motor vehicles delivered for sale or registered in
Minnesota.
D. If the commissioner
deems it necessary to administer and enforce this part, the commissioner must
require a motor vehicle manufacturer subject to this part to submit additional
documentation, including all certification materials submitted to
CARB.
Subp. 8.
Record availability and retention; reporting noncompliance.
A. Upon oral or written request of the
commissioner, a person subject to this part must furnish to the commissioner or
allow the commissioner to access and copy all records that relate to the motor
vehicles that are subject to this part and that are relevant for determining
compliance with this part. Unless otherwise specified, a person subject to this
part must retain all relevant records for at least five years after creating
the records.
B. If a report issued
by a motor vehicle manufacturer under subpart 7 demonstrates noncompliance with
the fleet average under subpart 3 for a model year, the manufacturer must,
within 60 days, file a report with the commissioner to document the
noncompliance. The report must identify all motor vehicle models delivered for
sale or lease in the state, the models' corresponding certification standards,
and the percentage of each model delivered for sale in this state and
California in relation to total fleet sales in the respective state.
