Current through Register Vol. 41, No. 3, September 23, 2024
A. No person,
including a manufacturer or dealer, shall deliver for sale or lease, offer for
sale or lease, sell or lease, import, acquire, receive, purchase, or rent a
vehicle listed in subdivisions 1, 2, and 3 of this subsection that is a 2025 or
subsequent model year vehicle in Virginia unless the vehicle is
California-certified and complies with the standards incorporated by reference
except as provided under subsection B of this section.
1. New motor vehicles that are passenger
cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty
vehicles;
2. New light-duty or
medium-duty motor vehicle engines; and
3. Motor vehicles with a new motor vehicle
engine.
B. This chapter
does not apply to:
1. A used motor
vehicle;
2. A new motor vehicle
sold to another dealer;
3. A new
motor vehicle sold to be wrecked or dismantled;
4. A new motor vehicle designed exclusively
for off-highway use;
5. A new motor
vehicle sold for registration out-of-state;
6. A new motor vehicle that has been
certified to standards adopted under authority granted in
42 USC §
7521 and that is in the possession of a
rental agency in Virginia and that is next rented with a final destination
outside of Virginia;
7. An
authorized emergency vehicle;
8. A
military tactical vehicle;
9. A new
motor vehicle transferred by inheritance;
10. A new motor vehicle transferred by court
decree; or
11. 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 Virginia. Upon registering
the new motor vehicle in Virginia, the person shall provide evidence to the
board of the previous residence and registration.
C. Fleet average emissions shall be
determined as follows:
1. For 2025 model year
motor vehicles and all subsequent model year motor vehicles to which this
chapter applies, a motor vehicle manufacturer shall not exceed the fleet
average emission values under 13 CCR § 1961.2. Credits and debits may be
accrued and used based on a manufacturer's sales in Virginia of motor vehicles
subject to this chapter according to 13 CCR § 1961.2.
2. For 2025 model year motor vehicles and all
subsequent model year motor vehicles to which this chapter applies, a motor
vehicle manufacturer shall not exceed the fleet average greenhouse gas (GHG)
exhaust emission standards under 13 CCR § 1961.3 or the GHG emission
standards under 13 CCR § 1956.8(h)(6). Credits and debits may be accrued
and used based on a manufacturer's sales in Virginia of motor vehicles subject
to this chapter according to 13 CCR § 1961.3.
D. Beginning with the 2025 model year and all
subsequent model years, all new motor vehicles subject to this chapter produced
by a motor vehicle manufacturer and delivered for sale or lease in Virginia
shall be affixed with emission control labels and environmental performance
labels according to 13 CCR § 1965.
E. For all motor vehicles subject to this
chapter, the motor vehicle manufacturer shall provide defect warranty coverage
that complies with 13 CCR §§ 2035, 2037 to 2041, and 2046.
F. For all motor vehicles subject to this
chapter and subject to recall in California, the motor vehicle manufacturer
shall undertake a recall campaign in Virginia according to 13 CCR §§
2111 to 2121 and 2122 to 2135, unless the manufacturer demonstrates to the
board that the recall is not applicable to motor vehicles registered in
Virginia.
G. Reporting requirements
shall be as follows:
1. By May 1 of the
calendar year after the end of the model year, a motor vehicle manufacturer
shall annually submit to the board a report demonstrating that the motor
vehicle manufacturer has met the requirements of subdivision C 1 of this
section, for its fleet delivered for sale in Virginia.
2. By May 1 of the calendar year after the
end of the model year, a motor vehicle manufacturer shall annually submit to
the board a report demonstrating that the motor vehicle manufacturer has met
the requirements of subdivision C 2 of this section, for its fleet delivered
for sale in Virginia.
3. If
requested by the board, a motor vehicle manufacturer shall submit copies of all
assembly-line emissions testing and functional test results collected as a
result of compliance with this chapter, warranty claim reports, recall reports,
and any other reports that are submitted to CARB as incorporated by reference.
For purposes of compliance with this requirement, manufacturers may submit
copies of the Failure of Emission-Related Components reports that are submitted
to the California Air Resources Board in lieu of submitting reports for
vehicles subject to this chapter.
4. If the board deems it necessary to
administer and enforce this chapter, the board will require a motor vehicle
manufacturer subject to this chapter to submit additional documentation,
including all certification materials submitted to CARB.
H. Record availability and retention and
reporting noncompliance shall be as follows:
1. Upon request of the board, a manufacturer
subject to this chapter shall furnish to the board all records that relate to
the motor vehicles that are subject to this chapter and that are relevant for
determining compliance with this chapter. Unless otherwise specified, a person
subject to this chapter shall retain all relevant records for at least five
years after creating the records.
2. If a report issued by a motor vehicle
manufacturer under subsection G of this section demonstrates noncompliance with
the fleet average under subsection C of this section for a model year, the
manufacturer shall, within 60 days, file a report with the board to document
the noncompliance. The report shall identify all motor vehicles delivered for
sale or lease in Virginia, the models' corresponding certification standards,
and the percentage of each model delivered for sale in Virginia and California
in relation to total fleet sales in the respective state.
Statutory Authority: §
10.1-1307.05 of the Code of
Virginia.
