(a)
Definitions and abbreviations. Provided that any term related to
the administration of the Low Emission Vehicles II program not defined in this
subsection shall be as defined or described in Title 13 of the California Code
of Regulations, for the purposes of this section:
(1) "Advanced technology vehicle" means any
PZEV, AT PZEV or ZEV.
(2) "Air
contaminant emission control system" means the equipment designed for
installation on a motor vehicle or motor vehicle engine for the purpose of
reducing the air contaminants emitted from the motor vehicle or motor vehicle
engine, or system or engine modification on a motor vehicle or motor vehicle
engine which causes a reduction of air contaminants emitted from the motor
vehicle or motor vehicle engine, including but not limited to exhaust control
systems, fuel evaporation control systems, and crankcase ventilating
systems.
(3) "Alternative fuel"
means any fuel that is commonly or commercially known or sold as one of the
following: M-100 fuel methanol, M-85 fuel methanol, E-100 fuel ethanol, E-85
fuel ethanol, compressed natural gas, liquefied petroleum gas, or
hydrogen.
(4) "AT PZEV" means
advanced technology partial zero emission vehicle.
(5) "CARB" means the California Air Resources
Board.
(6) "Certified" means the
finding by CARB that a motor vehicle, motor vehicle engine, or motor vehicle
engine family, or air contaminant emission control system has satisfied the
criteria adopted by CARB for the control of specified air contaminants from
motor vehicles.
(7) "Dual-fuel"
means a motor vehicle that is engineered and designed to be capable of
operating on a petroleum fuel and on another fuel that is stored separately
on-board the vehicle.
(8)
"Emergency vehicle" means any publicly owned vehicle operated by a peace
officer in performance of his or her duties, any authorized vehicle used for
fighting fires or responding to emergency fire calls, any publicly owned
authorized vehicle used by emergency medical technicians or paramedics, or used
for towing or servicing other vehicles, or repairing damaged lighting or
electrical equipment, or an ambulance.
(9) "Emission control label" means the
permanent stickers required by CARB and affixed to all passenger cars, light
duty trucks and medium-duty vehicles certified for sale in
California.
(10) "Emissions-related
part" means any automotive part that affects any regulated emissions from a
motor vehicle or motor vehicle engine that is subject to California or federal
emissions standards, as set forth in California Code of Regulations, Title 13,
section 1900(b)(3).
(11) "EPA"
means the United States Environmental Protection Agency.
(12) "Executive Order" means an Executive
Order of CARB.
(13) "Fleet average
emissions" means a motor vehicle manufacturer's average vehicle emissions of
all non-methane organic gases and all greenhouse gases from all vehicles that
are subject to this section, sold in the State of Connecticut in any applicable
model year.
(14) "Fuel-flexible"
means an alternative fuel motor vehicle that is engineered and designed for
operation using any alternative fuel mixture or blend.
(15) "Greenhouse gas" means any of the
following gases: carbon dioxide, methane, nitrous oxide, and
hydrofluorocarbons.
(16)
"Greenhouse gas vehicle test group" means "greenhouse gas vehicle test group"
as defined in California Code of Regulations, Title 13, section
1961.1.
(17) "Heavy-duty vehicle"
means any motor vehicle having a manufacturer's gross vehicle weight rating
greater than 6,000 pounds, except passenger cars.
(18) "Hybrid electric vehicle" or "HEV" means
a motor vehicle which allows power to be delivered to the driver wheels solely
by a battery powered electric motor but which also incorporates the use of a
combustion engine to provide power to the battery, or any vehicle which allows
power to be delivered to the drive wheels by either a combustion engine and/or
by battery powered electric motor.
(19) "Independent low volume manufacturer"
means "independent low volume manufacturer" as defined in California Code of
Regulations, Title 13, section 1900.
(20) "Large volume manufacturer" means "large
volume manufacturer" as defined in California Code of Regulations, Title 13,
section 1900.
(21) "Light-duty
truck" or "LDT" means any 2008 and subsequent model-year motor vehicle
certified to the standards in California Code of Regulations, Title 13, section
1961(a)(1) having a gross vehicle weight rating of 8500 pounds or less, and any
other motor vehicle rated at 6000 pounds or less, that is designed primarily
for the purposes of transportation of property or is a derivative of such a
vehicle, or is available with special features enabling off-street or
off-highway operation and use.
(22)
"Loaded vehicle weight" or "LVW" means vehicle curb weight plus 300
pounds.
(23) "Low Emission Vehicle
II program" means the standards for motor vehicles, motor vehicle engines and
related provisions that the State of California has adopted and is permitted to
adopt under
42 USC
7543 and
that the Commissioner is permitted to adopt under
42 USC
7507 as required by section
22a-174g
of the Connecticut General Statutes for the implementation of such program in
Connecticut.
(24) "Medium-duty
passenger vehicle" means "medium-duty passenger vehicle" as defined in
California Code of Regulations, Title 13, section 1900.
(25) "Medium-duty vehicle" means "medium-duty
vehicle" as defined in California Code of Regulations, Title 13, section
1900.
(26) "Military tactical
vehicles and equipment" means those vehicles defined by California Code of
Regulations, 13, section 1905.
(27)
Model year" means "model year" as defined in
40 CFR
85.2302 and determined in accordance with the
provisions of
40
CFR
85.2301 through 40 CFR
85.2304,
inclusive.
(28) "Neighborhood
electric vehicle" or "NEV" means a motor vehicle certified to zero emission
vehicle standards and meets the definition of "low speed vehicle" either in
California Code of Regulations, Title 13, section 385.5 or in
49 CFR
571.500.
(29) "New vehicle" means any passenger car or
light duty truck with 7,500 miles or fewer on its odometer.
(30) "NMOG" means non-methane organic
gas;
(31) "Passenger car" or "PC"
means any motor vehicle designed primarily for transportation of persons having
a design capacity of twelve persons or less.
(32) "Offset vehicle" means a vehicle that
has been certified by the State of California as set forth in the California
Code of Regulations, Title 13, section 1960.5.
(33) "PZEV" means partial ZEV as defined in
California Code of Regulations, Title 13, section 1962.
(34) "Small volume manufacturer" means "small
volume manufacturer" as defined in California Code of Regulations, Title 13,
section 1900.
(35) "Travel
provision" means the provision of the California Code of Regulations that
entitles a manufacturer to full credit for each Type III ZEV placed in service
prior to model year 2012 in California or any other state that has adopted the
California ZEV mandate.
(36)
"Vehicle" means any motor vehicle.
(37) "VECs" means vehicle equivalent
credits.
(38) "ZEV" means a zero
emission vehicle.
(b)
Applicability.
(1) This section
shall apply to all 2008 through 2014 model year passenger cars and light duty
trucks sold, leased, offered for sale or lease, imported, delivered, purchased,
rented, acquired or received, in the State of Connecticut except that this
subdivision shall not apply to those vehicles listed in subsection (d) of this
section.
(2) This section shall
apply to all 2009 through 2014 model year medium-duty vehicles sold, leased,
offered for sale or lease, imported, delivered, purchased, rented, acquired or
received, in the State of Connecticut except that this subdivision shall not
apply to those vehicles listed in subsection (d) of this section.
(3) The greenhouse gas emission standards set
forth in subparagraph(c)(1)(G) of this section and related provisions in this
section shall apply to all 2009 through 2016 model year passenger cars,
light-duty trucks and medium-duty passenger vehicles sold, leased, offered for
sale or lease, imported, delivered, purchased, rented, acquired or received, in
the State of Connecticut except that this subdivision shall not apply to those
vehicles listed in subsection (d) of this section.
(c)
Prohibitions and compliance
requirements.
(1) Unless subject to an
exemption listed in subsection (d) of this section, no person shall sell or
register, offer for sale or lease, import, deliver, purchase, rent, lease,
acquire or receive a new 2008 through 2014 model year passenger car or light
duty truck or a 2009 through 2014 model year medium-duty vehicle or medium-duty
passenger vehicle in the State of Connecticut unless such vehicle is certified
to California emission standards and meets:
(A) The exhaust emission standards set forth
in the California Code of Regulations, Title 13, sections 1956.8(g) or (h),
1960.1, 1961(a), 1962(a) or 1962.1(a);
(B) The evaporative emission standards set
forth in the California Code of Regulations, Title 13, section 1976;
(C) The refueling emissions standards set
forth in the California Code of Regulations, Title 13, section 1978;
(D) The malfunction and diagnostic system
requirements set forth in the California Code of Regulations, Title 13,
1968.1;
(E) The assembly-line
testing procedure requirements set forth in the California Code of Regulations,
Title 13, section 2062;
(F) The
specifications for fill pipes and openings of motor vehicle fuel tanks set
forth in the California Code of Regulations, Title 13, section 2235;
and
(G) The greenhouse gas emission
standards set forth in the California Code of Regulations, Title 13, section
1961.1; and
(H) On or after January
1, 2009, the emission control label and environmental performance label
requirements, including smog and greenhouse gas index scores, set forth in the
California Code of Regulations, Title 13, section 1965 or the Federal Fuel
Economy and Emission Label, set forth in 40 CFR parts
85,
86, and
600.
(2)
ZEV mandate.
(A) For the 2008 through 2017 model years,
each manufacturer's sales fleet of passenger cars and light duty trucks
produced and delivered for sale in the State of Connecticut shall contain at
least the same percentage of ZEVs subject to the same requirements, including
early credit, banking, and travel provisions, set forth in the California Code
of Regulations, Title 13, section 1962 using Connecticut specific vehicle
numbers.
(B) Alternative compliance
mechanisms. As an alternative means of compliance with the requirements of
subparagraph (A) of this subdivision, an automobile manufacturer may instead
opt to comply with the provisions of subsection (m) of this section.
(C) Until such time that NEVs can be legally
registered in Connecticut and operated with restrictions no more stringent than
imposed by the State of California, manufacturers that generate ZEV credits in
California through the sale of NEVs shall receive Connecticut credits for those
sales. Such credits shall be transferred annually using the ZEV credit account
transfer ratio determined in accordance with subsection (m)(3), as applicable
to the manufacturer.
(D) For the
2009 through 2017 model years, each manufacturer's sales fleet of passenger
cars and light duty trucks produced and delivered for sale in the State of
Connecticut shall contain at least the same percentage of ZEVs subject to the
same requirements, including early credit, banking, and travel provisions, set
forth in the California Code of Regulations, Title 13, section 1962.1 using
Connecticut specific vehicle numbers.
(E) Optional Section 177 State Compliance
Path. Large volume manufacturers and intermediate volume manufacturers that
elect the optional path set forth in the California Code of Regulations, Title
13, subdivision 1962.1(d)(5)(E)(3) shall inform the commissioner in writing of
such election no later than September 1, 2014.
(3) All vehicle manufacturers shall comply
with the fleet average, warranty, recall and other applicable requirements set
forth in subsections (e), (f), (g), (h), (i), (j), (k), and (n) of this
section.
(d)
Exemptions. The following vehicles shall not be subject to this
section:
(1) A vehicle transferred by
inheritance;
(2) A vehicle
transferred by decree of divorce, dissolution or legal separation entered by a
court of competent jurisdiction;
(3) A vehicle purchased by a nonresident
prior to establishing residency in the State of Connecticut;
(4) A vehicle sold for the purpose of being
wrecked or dismantled;
(5) A
vehicle sold directly from one dealer to another dealer;
(6) A vehicle sold for registration out of
state;
(7) A vehicle sold or
designed exclusively for off-highway use;
(8) A vehicle that has been certified to
standards promulgated pursuant to the authority contained in
42
U.S.C.
7521 and which is in the possession of
a rental agency in Connecticut and is next rented with a final destination
outside of Connecticut;
(9) AN
emergency vehicle;
(10) A military
tactical vehicle;
(11) A vehicle
exempted by California Health and Safety Code, section 43656; or
(12) A vehicle acquired by a resident of this
state for the purpose of replacing a vehicle registered to such resident that
was damaged or became inoperative beyond reasonable repair or was stolen while
out of this state, provided that such replacement vehicle is acquired out of
state at the time the previously owned vehicle was either damaged or became
inoperative or was stolen.
(e)
Emission standards, warranty,
recall and miscellaneous provisions.
Each manufacturer and each new 2008 through 2017 model year
passenger car and light-duty truck that is subject to this section shall comply
with each applicable standard set forth in Table 36b-1 and incorporated by
reference herein:
Table 36b-1 California Code of Regulations (CCR) Title 13
Provisions Incorporated by Reference
Title 13 CCR
|
Title
|
SectionAmended
Date
|
Chapter 1 Motor Vehicle Pollution Control
Devices
|
Article 1 General Provisions
|
Section 1900
|
Definitions
|
12/31/12
|
Article 2 Approval of Motor Vehicle Pollution Control
Devices
(New Vehicles)
|
Section 1956.8(g) and (h)
|
Exhaust Emission Standards and Test Procedures - 1985
and Subsequent Model Heavy Duty Engines and Vehicles
|
12/31/12
|
Section 1960.1
|
Exhaust Emission Standards and Test Procedures - 1981
and through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles
|
12/31/12
|
Section 1961
|
Exhaust Emission Standards and Test Procedures - 2004
through 2019 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles
|
12/31/12
|
Section 1961.1
|
Greenhouse Gas Exhaust Emission Standards and Test
Procedures - 2009 through 2016 Model Passenger Cars, Light-Duty Trucks and
Medium-Duty Vehicles.
|
8/7/12
|
Section 1962
|
Zero Emission Vehicle Standards for 2005 through 2008
Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles
|
2/13/10
|
Section 1962.1
|
Zero Emission Vehicle Standards for 2009 through 2017
Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles
|
12/31/12
|
Section 1965
|
Emission Control and, Smog Index, and Environmental
Performance Labels - 1979 and Subsequent Model Year Vehicles
|
8/7/12
|
Section 1968.1
|
Malfunction and Diagnostic System Requirements - 1994
and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty
Vehicles
|
11/27/99
|
Section 1968.2
|
Malfunction and Diagnostic System Requirements - 2004
and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty
Vehicles
|
8/7/12
|
Section 1968.5
|
Enforcement of Malfunction and Diagnostic System
Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles and Engines
|
8/7/12
|
Section 1976
|
Standards and Test Procedures for Motor Vehicle Fuel
Evaporative Emissions
|
12/31/12
|
Section 1978
|
Standards and Test Procedures for Vehicle Refueling
Emissions
|
8/7/12
|
Article 6 Emission Control System Warranty
|
Section 2035
|
Purpose, Applicability and Definitions
|
11/09/07
|
Section 2036
|
Defects Warranty Requirements for 1979 through 1989
Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles; 1979 and
Subsequent Model Year Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle
Engines Used in Such Vehicles.
|
5/15/99
|
Section 2037
|
Defects Warranty Requirements for 1990 and Subsequent
Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor
Vehicle Engines Used in Such Vehicles
|
8/7/12
|
Section 2038
|
Performance Warranty Requirements for 1990 and
Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty
Vehicles and Motor Vehicle Engines Used in Such Vehicles
|
8/7/12
|
Section 2039
|
Emission Control System Warranty
Statement.
|
12/26/90
|
Section 2040
|
Vehicle Owner Obligations
|
12/26/90
|
Section 2046
|
Defective Catalyst
|
1/16/79
|
Chapter 2 Enforcement of Vehicle Emission
Standards and Enforcement Testing.
|
Article 1 Assembly Line
Testing.
|
Section 2062
|
Assembly-line Test Procedures 1998 and Subsequent
Model-years.
|
8/7/12
|
Article 2 Enforcement of New and In-use Vehicle
Standards
|
Section 2101
|
Compliance Testing and Inspection - New Vehicle
Selection, Evaluation and Enforcement Action.
|
11/27/99
|
Section 2109
|
New Vehicle Recall Provisions.
|
12/30/83
|
Section 2110
|
Remedial Action for Assembly-Line Quality Audit Testing
of Less than a Full Calendar Quarter of Production Prior to the 2001
Model-Year.
|
11/27/99
|
Article 2.1 Procedures for In-Use Vehicle
Voluntary and Influenced Recalls.
|
Section 2111
|
Applicability.
|
12/8/10
|
Section 2112
|
Definitions.
|
8/7/12
|
Appendix A to Article 2.1.
|
8/7/12
|
Section 2113
|
Initiation and Approval of Voluntary and Influenced
Recalls.
|
1/26/95
|
Section 2114
|
Voluntary and Influenced Recall Plans.
|
11/27/99
|
Section 2115
|
Eligibility for Repair.
|
1/26/95
|
Section 2116
|
Repair Label.
|
1/26/95
|
Section 2117
|
Proof of Correction Certificate.
|
1/26/95
|
Section 2118
|
Notification.
|
1/26/95
|
Section 2119
|
Record keeping and Reporting
Requirements.
|
11/27/99
|
Section 2120
|
Other Requirements Not Waived.
|
1/26/95
|
Article 2.2 Procedures for In-Use Vehicle Ordered
Recalls.
|
Section 2122
|
General Provisions.
|
12/8/10
|
Section 2123
|
Initiation and Notification of Ordered Emission-Related
Recalls.
|
1/26/95
|
Section 2124
|
Availability of Public Hearing.
|
1/26/95
|
Section 2125
|
Ordered Recall Plan.
|
1/26/95
|
Section 2126
|
Approval and Implementation of Recall
Plan.
|
1/26/95
|
Section 2127
|
Notification of Owners.
|
1/26/95
|
Section 2128
|
Repair Label.
|
1/26/95
|
Section 2129
|
Proof of Correction Certificate.
|
1/26/95
|
Section 2130
|
Capture Rates and Alternative Measures.
|
11/27/99
|
Section 2131
|
Preliminary Tests.
|
1/26/95
|
Section 2132
|
Communication with Repair Personnel.
|
1/26/95
|
Section 2133
|
Record keeping and Reporting
Requirements.
|
1/26/95
|
Section 2135
|
Extension of Time.
|
1/26/95
|
Article 2.3 In-Use Vehicle Enforcement Test
Procedures.
|
Section 2136
|
General Provisions.
|
12/8/10
|
Section 2137
|
Vehicle Selection.
|
12/28/00
|
Section 2138
|
Restorative Maintenance.
|
11/27/99
|
Section 2139
|
Testing.
|
8/7/12
|
Section 2140
|
Notification of In-Use Results.
|
8/7/12
|
Article 2.4 Procedures for Reporting Failure of
Emission-Related Components.
|
Section 2141
|
General Provisions.
|
12/8/10
|
Section 2142
|
Alternative Procedures.
|
2/23/90
|
Section 2143
|
Failure Levels Triggering Recall.
|
11/27/99
|
Section 2144
|
Emission Warranty Information Report.
|
12/8/10
|
Section 2145
|
Field Information Report.
|
8/7/12
|
Section 2146
|
Emissions Information Report.
|
11/27/99
|
Section 2147
|
Demonstration of Compliance with Emission
Standards.
|
8/7/12
|
Section 2148
|
Evaluation of Need for Recall.
|
8/7/12
|
Section 2149
|
Notification of Subsequent Action.
|
2/23/90
|
Chapter 4.4 Specifications for Fill Pipes and
Openings of Motor Vehicle Fuel Tanks.
|
Section 2235
|
Specifications for Fill Pipes and Openings of Motor
Vehicle Fuel Tanks Requirements.
|
8/8/12
|
(f)
Fleet average requirements, reporting and projections, and delivery
reporting requirements.
(1) Effective
for 2008 through 2014 model years, the fleet average NMOG gas emission values
from passenger cars and light-duty trucks vehicles produced and delivered for
sale in the State of Connecticut by a manufacturer for each model year shall
not exceed the fleet average numbers set forth in California Code of
Regulations, Title 13, sections 1960.1(g)(2) and 1961(b)(1), except as provided
in section 1960.1(g)(2) and 1961(b)(1). Effective for 2008 and subsequent model
years, manufacturers may earn and bank NMOG credits in accordance with
California Code of Regulations, Title 13, section 1961, except NMOG credits
earned prior to model year 2011 shall be treated as though they were earned in
model year 2011 and no debits shall be carried forward after model year
2011.
(2) Effective for 2009
through 2014 model years, each manufacturer shall comply with the medium-duty
vehicle phase-in requirements and, for 2004 and subsequent model years, may
earn and bank VECs, both in accordance with California Code of Regulations,
Title 13, section 1961, except VECs earned prior to model year 2012 shall be
treated as though they were earned in model year 2012.
(3) A manufacturer that certifies vehicles
equipped with direct ozone reduction technologies is eligible to receive NMOG
credits for use in fleet average compliance determinations. A manufacturer
shall submit to the commissioner a CARB Executive Order, obtained in accordance
with California Code of Regulations Title 13, section 1960.1(g)(1), which shall
determine the value of such credits for vehicles delivered for sale in the
State of Connecticut, when the manufacturer submits its annual NMOG fleet
average report.
(4) Credits and
debits may be accrued and utilized based upon each manufacturer's sales of
vehicles subject to this part in the State of Connecticut, pursuant to the
provisions set forth in the California Code of Regulations Title 13, sections
1960.1(g)(2) and 1961(c).
(5)
Commencing with the 2008 model year, each manufacturer shall report to the
commissioner, using the same format used to report such information to CARB,
the average emissions of its fleet delivered for sale in the State of
Connecticut. The report shall be submitted to the commissioner, or the
commissioner's designee, no later than March 1st of
the calendar year succeeding the end of the model year. Commencing with the
2009 model year, such report shall include medium-duty vehicles.
(6) Delivery reporting requirements. For the
purposes of determining compliance with the requirements of this section,
commencing with the 2008 model year, each manufacturer shall submit annually,
to the commissioner, by March 1st of the calendar
year succeeding the end of the model year, a report documenting total
deliveries for sale of vehicles in each engine family over that model year in
the State of Connecticut. Commencing with the 2009 model year, such report
shall include medium-duty vehicles.
(7) The fleet average greenhouse gas exhaust
emission levels for passenger cars, light-duty trucks, and medium-duty
passenger vehicles that are produced and delivered for sale in the State of
Connecticut by a large volume manufacturer for each 2009 through 2016 model
year are established as, and shall be determined in accordance with, the
provisions set forth in California Code of Regulations, Title 13, sections
1961.1.
(8) The fleet average
greenhouse gas exhaust emission levels for passenger cars, light-duty trucks,
and medium-duty passenger vehicles that are produced and delivered for sale in
the State of Connecticut by a small volume manufacturer or an independent low
volume manufacturer through model year 2016 are established as, and shall be
determined in accordance with, the provisions set forth in California Code of
Regulations, Title 13, sections 1961.1.
(9) Greenhouse gas credits and debits may be
accrued and used based on each manufacturer's sale of vehicles subject to the
greenhouse gas provisions of this section in the State of Connecticut in
accordance with the provisions set forth in California Code of Regulations,
Title 13, section 1961.1.
(g)
Fleet Average Emissions Reporting
Requirements.
(1) For the purposes of
determining compliance with the requirements of subsections (c)(3) and (e) of
this section, for the 2008 through 2014 model years, each manufacturer shall
submit annually to the Department, by March 1st of
the calendar year succeeding the end of the model year, a report which
demonstrates that such manufacturer has met the fleet average emissions
requirements for its fleet delivered for sale in Connecticut. Commencing with
the 2009 model year, such report shall include medium-duty vehicles.
(2) For the 2009 through 2016 model years,
each manufacturer shall report the average greenhouse gas emissions of its
fleet delivered for sale in the State of Connecticut, using the same format
used to report such information to CARB. Such report shall be filed with the
commissioner by May 1st of the calendar year
succeeding the end of the model year and shall include the number of greenhouse
gas vehicle test groups certified pursuant to subsection (m)(5) of this
section, delineated by model type, delivered for sale into the State of
Connecticut.
(h)
Fleet average enforcement. If, commencing with the
2011 model year and for each applicable model year thereafter, the report
issued by a manufacturer pursuant to subsection (g) of this section
demonstrates noncompliance with the fleet average emission standards
incorporated by reference into this section and set forth in Table 36b-1 of
this section, during a model year, the manufacturer shall within sixty (60)
days file a Fleet Average Enforcement Report with the commissioner documenting
such noncompliance. The Fleet Average Enforcement Reports shall identify all
vehicle models delivered for sale into the State of Connecticut and their
corresponding certification standards and the percentage of each model
delivered for sale into the State of Connecticut and California in relation to
total fleet sales in the respective state. Enforcement of the medium-duty
vehicle phase-in requirements shall begin in the 2012 model year.
(i)
Reporting and offset vehicle
reporting.
(1) The manufacturer shall
make available upon request a copy of the California Executive Order and
Certificate of Conformity relating to certification of new motor vehicles for
each engine family to be sold in the State of Connecticut. To the extent such
reports are available electronically, the manufacturer shall submit such
records in an electronic format acceptable to the commissioner.
(2) For the purposes of determining
compliance with this section, the commissioner may require any vehicle
manufacturer subject to this section to submit any documentation the
commissioner deems necessary to the effective administration and enforcement of
this section including all certification materials submitted to CARB.
(3) Offset vehicle reporting. Commencing with
the 2008 model year, by March 1st of the calendar
year succeeding the end of the model year, each manufacturer shall report to
the commissioner the number of offset vehicles, categorized by model type,
delivered for sale into the State of Connecticut during such model year. The
report shall also include the total number of the manufacturer's fleet
delivered for sale into the State of Connecticut.
(j)
Warranty requirements.
(1) For all 2008 and subsequent model year
vehicles subject to the provisions of this section and for all 2009 and
subsequent model year medium-duty vehicles subject to the provisions of this
section, each manufacturer shall provide a warranty to the ultimate purchaser
and each subsequent purchaser that complies with the requirements set forth in
California Code of Regulations, Title 13, sections 2035 through 2038, 2040 and
2046.
(2) For all 2008 and
subsequent model year vehicles subject to the provisions of this section and
for all 2009 and subsequent model year medium-duty vehicles subject to the
provisions of this section, each manufacturer shall include the emission
control system warranty statement that complies with the requirements set forth
in California Code of Regulations, Title 13, sections 2039 modified as may be
necessary to inform Connecticut vehicle owners of the applicability of the
California warranty. The manufacturer shall also provide a telephone number on
such statement appropriate for the State of Connecticut.
(k)
Recalls.
(1) For all 2008 and subsequent model year
vehicles subject to the provisions of this section and for all 2009 and
subsequent model year medium-duty vehicles subject to the provisions of this
section, each manufacturer shall undertake an action equivalent to that
required by any order or enforcement action taken by CARB, or any voluntary or
influenced emission related recall initiated by any manufacturer pursuant to or
required by California Code of Regulations, Title 13, sections 2101 through
2120, 2122 through 2133, 2135 through 2149, and 2166 through 2174, unless
within thirty (30) days of CARB approval of such recall, the manufacturer
demonstrates to the commissioner that such recall is not applicable to vehicles
registered in the State of Connecticut.
(2) For vehicles subject to an action
pursuant to subdivision (1) of this subsection, each manufacturer shall send to
owners of vehicles registered in the State of Connecticut a notice that
complies with the requirements set forth in California Code of Regulations,
Title 13, sections 2118, 2127, or 2172.3, provided that such notice shall
contain a telephone number appropriate for use in the State of
Connecticut.
(l)
Incorporation by reference. Availability and interpretation of referenced
material.
(1) In accordance with the
provisions of section
22a-174g
of the Connecticut General Statutes, this section incorporates by reference
certain sections of Title 13, California Code of Regulations relating to the
implementation and the administration of the Low Emission Vehicle II program
and subsequent greenhouse gas requirements in the State of Connecticut. Table
36b-1 lists the sections of Title 13, California Code of Regulations
incorporated by reference and the respective amended date for each
section.
(2) Copies of the relevant
sections of Title 13, California Code of Regulations incorporated by reference
in this section are available by contacting:
Connecticut Department of Environmental Protection
Bureau of Air Management
Planning & Standards Division
79 Elm Street
Hartford, Connecticut 06106
(860) 424-3027
(3) For purposes of applying the incorporated
sections of the California Code of Regulations, unless clearly inappropriate,
"California" shall mean "Connecticut."
(m)
Alternative compliance
mechanisms.
(1) A manufacturer may, as
an alternative means of compliance with the requirements of subsection (c)(2)
of this section, proceed in accordance with the provisions of subdivision (2)
or (3) of this subsection.
(2) A
manufacturer may earn Connecticut ZEV credits for the introduction into
Connecticut of PZEVs, AT PZEVs and ZEVs provided that:
(A) The vehicle credit values for this
alternative compliance path shall be the same as in the California Code of
Regulations, Title 13, section 1962.
(B) After the credit value for a vehicle is
established by CARB pursuant to California Code of Regulations, Title 13,
section 1962, a Connecticut multiplier will be applied to such credit value for
that vehicle in accordance with Table 36b-2. The Connecticut multiplier shall
apply to PZEVs, AT PZEVs and ZEVs produced for sale in Connecticut prior to the
2004 model year. Such multiplier shall not be applied to type III ZEVs.
Table 36b-2
Connecticut Multiplier
|
Model Year
|
Requirement
|
PZEV Credit Multiplier
|
AT PZEV Credit Multiplier
|
ZEV Credit Multiplier
|
2004
|
Voluntary Early Introduction
|
1.5
|
2.25
|
3
|
2005
|
Voluntary Early Introduction
|
1.5
|
2.25
|
3
|
2006
|
Voluntary Early Introduction
|
1.3
|
1.7
|
2
|
2007
|
Voluntary Early Introduction
|
1.15
|
1.3
|
1.5
|
2008
|
Mandatory Compliance
|
1.15
|
1.3
|
1.5
|
2009
|
Equivalency with California Program
|
1
|
1
|
1
|
(C)
Connecticut ZEV credit use, life, banking and trading will be calculated as per
California Code of Regulations, Title 13, section 1962.
(D) Each manufacturer operating under this
alternative compliance path shall submit a compliance report to the
commissioner along with annual sales reports no later than May
1st following the completed model year. The
compliance report shall include vehicle sales organized by engine family and
identify the number and type of Connecticut credits earned. Such report may be
amended based on late sales.
(E)
Each manufacturer operating under this alternative compliance path shall make
available for purchase or lease in Connecticut any advanced technology vehicle
models, including all ZEVs except type III ZEVs sold or leased in
California.
(F) The commissioner
shall calculate the amount of credits earned based on the report received
pursuant to subparagraph (D) of this subdivision. The commissioner shall
establish ZEV compliance accounts for each manufacturer and allocate the
credits earned to such compliance account, including separate accounts for
PZEV, AT PZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type II ZEVs, Type III ZEVs,
transportation system and extended service. For each account, in the event that
the number of credits earned under this subdivision is less than the number of
credits that would have been awarded to a manufacturer under subdivision (3) of
this subsection, the commissioner shall calculate the difference and apply a
number of credits equal to such difference to such manufacturer's compliance
account.
(3) The
commissioner shall set aside a number of Connecticut ZEV credits proportionally
equivalent to the number of ZEV credits possessed by the requesting
manufacturer for use in the State of California at the beginning of the 2008
model year. This transfer shall be performed only after all credit obligations
for the 2007 and earlier model years have been satisfied in California. The
commissioner shall multiply the manufacturer's California credit balances by
the ratio of the average number of PCs and LDT1s produced and delivered for
sale in Connecticut to the combined average number of PCs and LDT1s produced
and delivered for sale in California in model years 2000 through 2002 or,
alternatively, by the ratio of PCs and LDT1s produced and delivered for sale in
Connecticut to the combined number of PCs and LDT1s produced and delivered for
sale in California in model year 2008. In either case, the commissioner shall
determine the model year 2008 ZEV sales requirements in Connecticut using the
same time period that determined the credit transfer ratio. The commissioner
shall notify such manufacturer of the number of ZEV credits, allocated in
accordance with subdivision (2)(F) of this subsection, available for use by
July 31, 2008 and annually thereafter until such credits are fully consumed.
Credits issued pursuant to this subdivision may only be used in Connecticut for
compliance with the ZEV provisions of subsection (c)(2) of this section subject
to the same requirements and limitations on credit use set forth in the
California Code of Regulations, Title 13, section 1962 adjusted for Connecticut
specific vehicle numbers. Furthermore, each manufacturer operating under this
alternative compliance path shall:
(A) By May
1, 2008, provide the commissioner with either:
(i) the total number of PC and LDT1 vehicles
produced and delivered for sale in Connecticut and California for 2000 through
2002 model years, or
(ii) the total
projected number of PC and LDT1 vehicles to be produced and delivered for sale
in Connecticut and California in model year 2008.
(B)
(i) By
March 1, 2009, any manufacturer that provides the projected number of vehicles
specified in subparagraph (A)(ii) of this subdivision shall provide the
commissioner with the actual number of PC and LDT1 vehicles produced and
delivered for sale in Connecticut and California in model year 2008.
(ii) The commissioner shall, by June 30 2009,
recalculate and adjust, either upward or downward, the number of ZEV credits
granted based on actual model year 2008 production and delivery data submitted
under subparagraph (B)(i) of this subdivision.
(C) By May 1, 2008, provide the commissioner
with the total number of banked California ZEV credits after all 2007 model
year and earlier obligations have been satisfied in California; and
(D) Until such time as full compliance is
achieved with the requirements of subsection (c)(2) of this section, make
available for purchase or lease in Connecticut any advanced technology vehicle
models, including all ZEVs except type III ZEVs, that are sold, leased or
offered for sale in California.
(4) Any manufacturer who fails to meet the
requirements of its respective alternative compliance path shall be subject to
full compliance with the ZEV mandate provisions set forth in subsection (c)(2)
of this section.
(5) Optional
alternative compliance with greenhouse gas emission standards.
(A) Greenhouse gas vehicle test groups that
are certified pursuant to California Code of Regulations, Title 13, section
1961.1(e)(2)(a) in the State of California may receive equivalent credit if
delivered for sale and use in the State of Connecticut; and
(B) A manufacturer shall submit to the
commissioner the data set forth in California Code of Regulations, Title 13,
section 1961.1(e)(2)(a)(i) for Connecticut specific and use in order to receive
the credit identified in subparagraph (A) of this subdivision.
(n)
Greenhouse
gas emission standards and related requirements.
(1) Each manufacturer subject to the
greenhouse gas provisions of this section shall demonstrate compliance with
such provisions as required by, and in accordance with, California Code of
Regulations, Title 13, section 1961.1.
(2) For all 2009 and subsequent model year
vehicles, manufacturers may demonstrate compliance based on the total number of
passenger cars, light-duty trucks, and medium-duty passenger vehicles certified
to the California exhaust emission standards in California Code of Regulations,
Title 13, section 1961.1, which are produced and delivered for sale in
Connecticut, California, and all other states that have adopted California's
greenhouse gas emission standards pursuant to section 177 of the Clean Air Act.
A manufacturer that fails to comply under the provisions of this subdivision
shall be subject to applicable penalties and shall be required to comply with
the greenhouse gas standards pursuant to subdivision (1) of this
subsection.
(3) For the 2012
through 2016 model years, a manufacturer may elect to demonstrate compliance
with the California exhaust emissions standards by demonstrating compliance
with the national greenhouse gas program pursuant to California Code of
Regulations, Title 13, section 1961.1. A manufacturer with outstanding
greenhouse gas debits at the end of the 2011 model year shall submit a plan to
the Department describing how the debits will be offset utilizing credits
earned under the national greenhouse gas program.
(o)
Severability.
Each provision of this section is deemed severable, and in the
event that any provision of this section is held to be invalid, the remainder
of this section shall continue in full force and effect.