A.
New Vehicle Emission
Requirements. No person, including a manufacturer or dealer, shall
deliver for sale or lease, offer for sale or lease, sell or lease, import, or
rent a new vehicle that is a 2001 and subsequent model-year passenger car or
light-duty truck or 2003 and subsequent model-year medium-duty vehicle, unless
the vehicle or engineis California-certifiedand complies with the following
criteria:
(1) The exhaust emissions standards
in Title 13, California Code of Regulations Sections 1956.8
(c),(g) or (h), 1960.1, 19611961.1, 1961.2, 1961.3, 1962, 1962.1 or 1962.2;
and
(2) The emission control label
requirements, the smog index label requirements for 2002 through 2009
model-years, and the "Environmental Performance Label" or a "Federal Fuel
Economy and Environmental Label" securely affixed to a window of the vehicle
for 2010 and subsequent model-years in accordance with Title 13,
California Code of Regulations Section 1965. No motor vehicle
dealer in Maine shall remove or cause removal of an "Environmental Performance
Label" or a "Federal Fuel Economy and Environmental Label" affixed to any motor
vehicle subject prior to the sale or lease of the vehicle.
(3) The evaporative emissions standards in
Title 13, California Code of Regulations Section
1976;
(4) The refueling emissions
standards in Title 13, California Code of Regulations Section
1978;
(5) The malfunction and
diagnostic system requirements in Title 13, California Code of
Regulations Section 1968.1;
(6) The assembly-line testingprocedure
requirements in Title 13, California Code of Regulations
Section 2062; and
(7) The
specifications for fill pipes and openings of motor vehicle fuel tanks in Title
13, California Code of Regulations Section 2235.
B.
New Heavy-Duty Diesel
Vehicle Requirements. No person, including a manufacturer or dealer,
shall deliver for sale or lease, offer for sale or lease, sell or lease,
import, or rent a 2005 or 2006 and 2008 and subsequent model-year heavy-duty
diesel engine, a new motor vehicle equipped with a 2005 or 2006 and 2008 and
subsequent model-year heavy-duty diesel engine, or a motor vehicle with a new
2005 or 2006 and 2008 and subsequent model-year heavy-duty diesel engine,
unless the vehicle and engineare California-certifiedand complies with the
following criteria:
(1) The exhaust emissions
standards in Title 13, California Code of Regulations Section
1956.8.
(2) Any diesel fueled
auxiliary power system installed on a vehicle certified with a 2007 and
subsequent model year heavy duty diesel engine must be California certified and
comply with the requirements specified in Title 13
California Code of
Regulations Section 2485(c)(3) or meet EPA's Tier 4 standards pursuant
to 40 CFR Part
1039 (last amended July 13, 2005).
C.
Zero Emission Vehicle
Requirements. Beginning with the 2009 model year, each manufacturer's
sales fleet of passenger cars (PCs), light-duty truck 1 (LDT1), and light-duty
truck 2 (LDT2) vehicles as applicable, produced and delivered for sale in the
State of Maine shall contain at least the same percentage of ZEVs subject to
the requirements, including credit and banking provisions, set forth in the
Title 13 California Code of Regulations, Section 1962.1 and
1962.2 using Maine specific vehicle numbers.
D.
Alternative Zero Emission Vehicle
Compliance. As an alternative means of compliance with the requirements
of Section 4(C), an automobile manufacturer may instead opt to utilize the
following alternative compliance mechanisms. If a manufacturer opts to utilize
the alternative compliance mechanisms, such manufacturer shall notify the
commissioner in writing by October 1, 2005.
(1) A manufacturer may earn Maine ZEV credits
for the introduction into Maine of PZEVs, AT PZEVs, and ZEVs beginning with
2004 model year provided that:
(a) The
vehicle credit values for this alternative compliance path shall be the same as
the Title 13 California Code of Regulations, Section
1962.
(b) After the credit value
for a 2004 through 2008 model year vehicle is established by CARB pursuant to
Title 13
California Code of Regulations, Section 1962, a Maine
multiplier will be applied to such credit value for that vehicle in accordance
with Table 1. The Maine multiplier shall not be applied to all ZEV Types that
qualify for the travel provision as identified in the Title 13
California Code of Regulations, Section 1962(d)(5)(D).
Table 1, Maine 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
|
Voluntary Early Introduction
|
1.15
|
1.3
|
1.5
|
|
2009
|
Equivalency with California Program
|
1
|
1
|
1
|
(c)
Maine ZEV credit use, life, banking and trading will be calculated as per
California Code of Regulations, Title 13, Sections 1962 or
1962.1.
(d) The commissioner shall
calculate the amount of credits earned based on the report received pursuant to
Section 8(B)(3). The commissioner shall establish ZEV compliance accounts for
each manufacturer and allocate the credits earned to such compliance accounts,
including separate accounts for PZEV, AT-PZEV, Enhanced AT-PZEV, NEV, Types 0,
I, I.5 II, III, IV and V ZEVs, transportation systems, and extended service.
For each account, in the event that the number of credits earned pursuant to
this subsection is less than the number of credits that would have been awarded
to a manufacturer under Section 4(D)(2), the commissioner shall calculate the
difference and apply a number of credits equal to such difference to such
manufacturer's compliance account.
(e) A manufacturer shall be entitled to the
defined credits for all ZEV Types as specified in the travel provisions
pursuant to the California Code of Regulations, Title 13,
Sections 1962(d)(5)(D) or 1962.1(d)(5)(E). Starting with 2010 and subsequent
model years, qualifying ZEV Types placed in service in California or any
Section 177 State may be counted towards compliance in California and in all
Section 177 States provided that the credits are multiplied by the ratio of a
LVM's production volume in a Section 177 State for the same model year in
California as specified in Title 13 California Code of
Regulations, Sections 1962.1(d)(5)(E).
(2) The commissioner shall set aside a number
of Maine 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 2009 model year. This transfer will be performed only
after all credit obligations for model years 2008 and earlier have been
satisfied in California. The manufacturer's California credit balances shall be
multiplied by the ratio of the average number of PCs,LDT1, and LDT2 vehicles as
applicable, produced and delivered for sale in Maine to the combined average
number of PCs,LDT1, and LDT2 vehicles as applicable produced and delivered for
sale in California in model years 2003 through 2005 or, alternatively, by the
ratio of PCs, LDT1, and LD2 vehicles produced and delivered for sale in Maine
to the combined number of PCs, LDT1s, and LDT2 vehicles as applicable, produced
and delivered for sale in California in model year 2009. In either case, the
time period used to determine the credit transfer ratio will also be used to
determine model year 2009 ZEV sales requirements in Maine.
The commissioner shall establish ZEV compliance accounts for
each manufacturer and allocate the credits calculated under this section
4(D)(2) to such compliance accounts, including separate accounts for PZEV,
AT-PZEV, Enhanced ATPZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type I.5 ZEVs, Type II
ZEVs, Type III ZEVs, Type IV ZEVs, Type V ZEVs, transportation systems, and
extended service. The commissioner shall notify such manufacturer of the number
of ZEV credits available for use by July 31, 2009 and annually thereafter.
Credits issued pursuant to this subsection may only be used in Maine for
compliance with the ZEV provisions of section 4(C) subject to the same
requirements and limitations on credit use set forth in the Title 13
California Code of Regulations, Section 1962.1 adjusted for
Maine specific vehicle numbers.
A manufacturer shall be entitled to the defined credits for
all ZEV Types as specified in the travel provisions pursuant to the
California Code of Regulations, Title 13, Sections
1962(d)(5)(D) or 1962.1(d)(5)(E). Furthermore, each manufacturer operating
under this compliance path shall:
(a)
By May 1, 2009, provide the commissioner with the total number of PCs, LDT1,
and LDT2 vehicles as applicable, produced and delivered for sale in Maine and
California for 2003 through 2005 model years.
Alternatively, by May 1, 2009, provide the commissioner with
the total projected number of PCs, LDT1 and LDT2 vehicles to be produced and
delivered for sale in Maine and California in model year 2009. By March 1,
2010, provide the commissioner with actual 2009 model year PCs, LDT1 and LDT2
vehicles produced and delivered for sale in Maine and California. The
commissioner shall adjust and notify such manufacturer of the number of ZEV
credits established based on actual 2009 model year data by May 31,
2010.
(b) By May 1, 2009,
provide the commissioner with the total number of banked California credits
after all 2008 model year and earlier obligations have been met.
(c) Starting with model year 2009-2011, make
available for purchase or lease in Maine any PZEV, AT-PZEV, Enhanced ATPZEV,
and ZEV models, except all ZEVs that qualify for the travel provision pursuant
to Title 13 California Code of Regulations, Section 1962.
(3) 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 Section 4(C).
E.
New Vehicle Greenhouse Gas Emission
Requirements. No person, including a manufacturer or dealer, shall
deliver for sale or lease, offer for sale or lease, sell or lease, import or
rent a new passenger car, medium duty passenger vehicle or light-duty truck,
unless that new vehicle complies:
(1)
Effective with 2009 through 2016 with the greenhouse gas emission limits set
for the in the Title 13 California Code of Regulations,
Section 1961.1, as incorporated in Appendix A.
(2) Effective for 2017 and subsequent model
yearswith the greenhouse gas emission limits set in the Title 13
California Code of Regulations, Section 1961.3.
F.
Exemptions. The
following new vehicles shall not be subject to this Chapter:
(1) An emergency vehicle;
(2) A vehicle with a right-hand drive
configuration that is not available in a California-certified model, purchased
by a rural route postal carrier and used primarily for work;
(3) A vehicle designed exclusively for
off-road use;
(4) A vehicle
certified to standards promulgated pursuant to the authority contained in
42
U.S.C. Section
7521 and which is in the
possession of a rental agency in Maine and is next rented with a final
destination outside of Maine;
(5) A
vehicle which is a 2005 or 2006 and 2008 and subsequent model-year heavy-duty
diesel as defined under exempt vehicles in Title 13, California Code of
Regulations, Section 1956.8(a)(6)(B);
(6) A vehicle with an engine that the
California Air Resources Board determines, following a technology review, is
inappropriate to require compliance for heavy-duty diesel engines of that
particular model-year and engine family; or
(7) A vehicle which is a military tactical
vehicle or equipment.
