663
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 663)Proposed Rules
Comments on Planned Rules or Rule Amendments. 	An	agency	must	first	solicit	Comments	on	Planned	
Rules	or	Comments	on	Planned	Rule	 Amendments	from	the	public	on	the	subject	matter	of	a	possible	rulemaking	
proposal	under	active	consideration	within	the	agency	( Minnesota Statutes 	§§	14.101).	It	does	this	by	publishing	a	
notice	in	the	 State Register 	at	least	60	days	before	publication	of	a	notice	to	adopt	or	a	notice	of	hearing,	and	within	
60	days	of	the	effective	date	of	any	new	statutory	grant	of	required	rulemaking.
Rules to be Adopted After a Hearing. 	After	receiving	comments	and	deciding	to	hold	a	public	hearing	on	the	
rule,	an	agency	drafts	its	rule.	It	then	publishes	its	rules	with	a	notice	of	hearing.	 All	persons	wishing	to	make	a	
statement	must	register	at	the	hearing.	 Anyone	who	wishes	to	submit	written	comments	may	do	so	at	the	hearing,	
or	within	five	working	days	of	the	close	of	the	hearing.	 Administrative	law	judges	may,	during	the	hearing,	extend	
the	period	for	receiving	comments	up	to	20	calendar	days.	For	five	business	days	after	the	submission	period	the	
agency	and	interested	persons	may	respond	to	any	new	information	submitted	during	the	written	submission	period	
and	the	record	then	is	closed.	 The	administrative	law	judge	prepares	a	report	within	30	days,	stating	findings	of	fact,	
conclusions	and	recommendations.	 After	receiving	the	report,	the	agency	decides	whether	to	adopt,	withdraw	or	
modify	the	proposed	rule	based	on	consideration	of	the	comments	made	during	the	rule	hearing	procedure	and	the	
report	of	the	administrative	law	judge.	 The	agency	must	wait	five	days	after	receiving	the	report	before	taking	any	
action.
Rules to be Adopted Without a Hearing.  Pursuant to Minnesota Statutes 	§	14.22,	an	agency	may	propose	to	
adopt,	amend,	suspend	or	repeal	rules	without	first	holding	a	public	hearing.	 An	agency	must	first	solicit	 Comments 
on Planned Rules  or Comments on Planned Rule Amendments 	from	the	public.	 The	agency	then	publishes	
a	notice	of	intent	to	adopt	rules	without	a	public	hearing,	together	with	the	proposed	rules,	in	the	 State Register.  
If,	during	the	30-day	comment	period,	25	or	more	persons	submit	to	the	agency	a	written	request	for	a	hearing	of	
the	proposed	rules,	the	agency	must	proceed	under	the	provisions	of	§§	14.1414.20,	which	state	that	if	an	agency	
decides	to	hold	a	public	hearing,	it	must	publish	a	notice	of	intent	in	the	 State Register.
KEY: Proposed Rules 	-	Underlining 	indicates	additions	to	existing	rule	language.	 Strikeouts	indicate	deletions	
from	existing	rule	language.	If	a	proposed	rule	is	totally	new,	it	is	designated	“all	new	material.”	 Adopted Rules  
-	Underlining 	indicates	additions	to	proposed	rule	language.	 Strikeout	indicates	deletions	from	proposed	rule	
language.
Minnesota Pollution Control Agency (MPCA)
Proposed Permanent Rules Relating to Clean Cars; Notice of Intent to Adopt Rules with a 
Hearing
Proposed Rules Adopting Vehicle Greenhouse Gas Emissions Standards—Clean Cars Minnesota, Minnesota 
Rules , chapter 7023; Revisor’s ID Number 04626, OAH docket number 71-9003-36416
Overview. 	This	notice	is	the	Minnesota	Pollution	Control	 Agency’s	(MPCA’s)	legal	notice	of	its	intent	to	adopt	
amended	air	rules	after	a	hearing.	 The	purpose	of	these	rule	amendments,	known	as	Clean	Cars	Minnesota,	is	to	reduce	
greenhouse	gas	(GHG)	and	other	air	pollutant	emissions	from	light-duty	and	medium-duty	vehicles	by	adopting	the	
Low-Emission	 Vehicles	(LEV)	and	Zero-Emission	 Vehicles	(ZEV)	standards	adopted	by	the	California	 Air	Resources	
Board,	as	allowed	under	section	177	of	the	Clean	 Air	Act	(CAA).	 This	notice	provides	you	the	opportunity	to	submit	
comments	on	this	rule	to	the	 Administrative	Law	Judge	(ALJ),	either	orally	at	the	hearing	or	in	writing	at	any	time	before	
the	close	of	the	hearing	record.	 The	Subject of Rules 	section	provides	further	description	of	these	proposed	rules.	If	the	
proposed	rule	changes	affect	you	in	any	way,	the	MPCA 	encourages	you	to	participate	in	the	rulemaking	process.	
View	the	 Alternative Format/Accommodation  and MPCA Contact Person 	sections	of	this	notice	for	information	
on	requesting	this	document	in	an	alternative	format.
Subject of Rules and Statutory Authority. The	proposed	rules	would	adopt	two	emissions	standards	for	GHGs	664
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 664 )
Proposed Rulesand	other	air	pollutants	from	light-duty	and	medium-duty	vehicles.	 The	LEV	standard	would	require	automobile	
manufacturers	to	deliver	for	sale	in	Minnesota	only	vehicles	that	meet	the	more	stringent	GHG	and	other	air	pollutant	
emissions	standards	established	by	California	and	later	adopted	by	several	other	states,	as	allowed	under	the	CAA.	 The	
ZEV	standard	would	require	automobile	manufacturers	to	deliver	for	sale	in	Minnesota	each	year	a	certain	percentage	of	
vehicles	with	zero	tailpipe	emissions,	including	battery	electric	vehicles,	plug-in	hybrid	electric	vehicles,	and	hydrogen-
fueled	vehicles.	
Minnesota Statutes, section	116.07,	subdivision	4	authorizes	the	MPCA 	to	adopt	rules	for	the	prevention,	abatement,	
and	control	of	air	pollution.	Minnesota	statutes,	section	116.07,	subdivision	2	authorizes	the	MPCA 	to	adopt	“maximum	
allowable	standards	of	emission	of	air	contaminants	from	motor	vehicles.”
Public Information Webinars and Legislative Hearings. The	MPCA 	intends	to	hold	several	public	information	
webinars	on	Clean	Cars	Minnesota	before	the	administrative	hearing(s)	in	order	to	provide	an	overview	of	the	proposed	
rules,	the	rulemaking	process,	and	how	to	submit	comments	to	the	 ALJ.	 NOTE:	The	webinars	are	opportunities	to	learn	
more	about	the	proposal	and	the	process;	they	are	not	opportunities	to	provide	formal	comment,	and	in	order	to	ensure	
everyone	has	access	to	the	same	information	about	the	rule	proposal,	MPCA 	staff	will	only	be	able	to	answer	questions	
on	topics	that	are	covered	in	the	publically	available	documents.	Comments	must	be	provided	directly	to	the	 ALJ	either	
at a hearing or in writing (see the Public Hearing  and Comments 	sections	below	for	details).	Dates	and	times	for	
the	informational	webinars	are	listed	on	the	rulemaking	webpage	at	 https://www.pca.state.mn.us/air/clean-cars-mn-
rulemaking ;	links,	presentations	and	other	materials	related	to	the	webinars	will	also	be	posted	on	the	webpage	once	
they are available .
During	the	Notice	period,	the	MPCA 	may	be	asked	by	the	Minnesota	Legislature	to	appear	at	one	or	more	legislative	
hearings	on	this	proposed	rule	or	on	related	issues.	Because	the	MPCA 	does	not	control	this	process,	dates	and	times	of	
legislative	hearings	are	not	known	in	advance	and	cannot	be	included	in	this	public	notice.	Notice	of	legislative	hearings,	
including	dates	and	times	and	agendas,	are	posted	by	the	Legislature	at	 https://www.leg.state.mn.us/ .	Any	interested	
person	may	attend	a	legislative	hearing	at	which	MPCA 	is	requested	to	appear.
Public Hearing. 	The	MPCA 	intends	to	adopt	these	rules	after	two	days	of	public	hearings,	following	the	procedures	
in	the	rules	of	the	Office	of	 Administrative	Hearings	(OAH),	 Minnesota Rules 	parts	1400.2200	to	1400.2240,	and	the	
Administrative	 Procedure	 Act,	 Minnesota Statutes ,	sections	14.131	to	14.20.	The	ALJ	will	conduct	the	hearing	by	WebEx	
on	February	22	and	23,	2021,	beginning	at	3	p.m.	both	days.	
•	 February	22	hearing	link:	 Webex Hearing Link
•	 February	23	hearing	link:	 Webex Hearing Link
The	hearing	continues	until	all	parties	are	heard,	or	until	the	 ALJ	adjourns	the	hearing	(no	earlier	than	6	p.m.).	 All	
interested	or	affected	parties	will	have	an	opportunity	to	participate	by	submitting	either	oral	or	written	data,	statements,	
or	arguments.	 You	may	submit	a	statement	without	appearing	at	the	hearing.	Refer	to	the	 Comments 	section	for	
information	on	submitting	statements.	 Additional	information	regarding	the	proposed	rules	and	the	hearing	is	provided	at	
https://www.pca.state.mn.us/air/clean-cars-mn-rulemaking .	
Administrative Law Judge. 	ALJ	Jessica	 A.	Palmer-Denig	will	conduct	the	hearing.	Judge	Palmer-Denig’s	Legal	
Assistant,	Anne	Laska,	can	be	reached	at	the	OAH,	600	N.	Robert	St.,	P.O.	Box	64620,	St.	Paul,	MN	55164-0620,	
telephone	651-361-7881,	and	fax	651-539-0310.	 The	rule	hearing	procedure	is	governed	by	 Minnesota Statutes ,	sections	
14.131	to	14.20,	and	by	the	rules	of	the	OAH,	 Minnesota Rules ,	parts	1400.2000	to	1400.2240.	 You	should	direct	
questions	about	the	rule	hearing	procedure	to	the	 ALJ.
Availability of Rules and Statement of Need and Reasonableness. 	A	copy	of	the	proposed	rules	is	published	in	the	
State Register with	this	notice.	 The	statement	of	need	and	reasonableness	(SONAR)	summarizes	the	justification	for	the	
proposed	rules,	including	a	description	of	who	will	be	affected	by	the	proposed	rules	and	an	estimate	of	the	probable	cost	
and	benefit	of	the	proposed	rules.	Electronic	copies	of	the	proposed	rules	and	the	SONAR	are	on	the	MPCA’s	website	at	665
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 665)
Proposed Ruleshttps://www.pca.state.mn.us/public-notices ,	and	at	 https://www.pca.state.mn.us/air/clean-cars-mn-rulemaking .	A	print	
copy	of	the	proposed	rules	is	available	for	free	upon	request	(one	copy	per	request)	by	contacting	the	 MPCA contact 
person;	a	print	copy	of	the	SONAR	is	available	for	the	cost	of	reproduction.
Comments. 	You	and	all	interested	or	affected	people,	including	representatives	of	associations	and	other	interested	
groups,	will	have	an	opportunity	to	participate.	 The	ALJ	will	accept	your	views  either orally at the hearing or in writing 
at	any	time	before	the	close	of	the	hearing	record.	Comments	received	at	the	hearing	will	be	considered	equally	with	
written	comments.	 You	are	strongly	encouraged	to	submit	written	comments	to	the	 ALJ	through	the	OAH	Rulemaking	
eComments	website	at	 https://minnesotaoah.granicusideas.com/discussions .	If	it	is	not	possible	for	you	to	use	the	
eComments	website,	you	may	submit	your	written	comments	in	person,	via	U.S.	mail,	or	by	fax	to	Judge	 Palmer-Denig  
at	the	address	provided	in	the	 Administrative Law Judge 	section.	All	evidence	that	you	present	should	relate	to	the	
proposed	rules.  NOTE:  Comments regarding the MPCA’s proposal must be sent to the ALJ . Comments sent to the 
MPCA alone will not be part of the rulemaking record. 	Comments	submitted	after	the	close	of	the	comment	period	
will	not	be	accepted	or	considered	part	of	the	record.	 After	the	ALJ	sets	the	closing	date,	the	MPCA 	will	update	the	rule	
website at https://www.pca.state.mn.us/air/clean-cars-mn-rulemaking 	to	notify	interested	parties	of	the	deadline	to	
comment.
You	may	submit	written	comments  to	the	ALJ to	be	recorded	in	the	hearing	record	for	five	working	days	after	the	
public	hearing	ends.	 At	the	hearing,	the	 ALJ	may	order	this	period	extended	for	a	longer	time,	but	for	no	more	than	20	
calendar	days.	 After	the	comment	period,	there	is	an	additional	five-working-day	rebuttal	period	during	which	the	MPCA 	
and	any	interested	person	may	respond	in	writing	to	any	new	information	submitted.	No	one	may	submit	additional	
evidence	during	the	five-day	rebuttal	period.
The	OAH	must	receive	all	comments	and	responses	submitted	to	the	 ALJ	no	later	than	4:30	p.m.	on	the	date	the	 ALJ	
sets	for	the	end	of	the	comment	period.	 All	comments	or	responses	received	are	public	and	will	be	available	for	review	
at https://minnesotaoah.granicusideas.com/discussions 	or	at	the	OAH.	 You	may	view	frequently	asked	questions	
about	the	OAH	Rulemaking	eComments	website	at	 https://mn.gov/oah/assets/ecomments-faq_tcm19-82012.pdf .	Any	
questions	about	submitting	comments	via	the	OAH	Rulemaking	eComments	website	should	be	directed	to	the	OAH	at	
651-361-7900.
MPCA Contact Person. 	The	MPCA 	contact	person	is	Katie	Izzo,	MPCA 	Rule	Coordinator,	520	Lafayette	Rd.	N,	St.	
Paul,	MN	55155-4194;	telephone	651-757-2595;	email	 cleancarsmn.pca@state.mn.us .	You	may	also	call	the	MPCA 	at	
651-296-6300	or	1-800-657-3864;	use	your	preferred	relay	service.
Modifications. 	The	MPCA 	may	modify	the	proposed	rules	as	a	result	of	the	rule	hearing	process.	It	must	support	
modifications	by	data	and	views	presented	during	the	rule	hearing	process.	 The	adopted	rules	may	not	be	substantially	
different	than	these	proposed	rules,	unless	the	MPCA 	follows	the	procedure	under	 Minnesota Rules, 	part	1400.2110.	 The	
public	is	also	advised	that,	depending	upon	the	comments	received,	the	MPCA 	may	withdraw	the	proposed	changes.
Adoption Procedure After the Hearing. 	After	the	close	of	the	hearing	record,	the	 ALJ	will	issue	a	report	on	the	
proposed	rules.	 You	may	ask	to	be	notified	of	the	date	when	the	 ALJ’s	report	will	become	available,	and	can	make	this	
request	at	the	hearing	or	in	writing	to	the	 ALJ.	You	may	also	ask	to	be	notified	of	the	date	that	the	MPCA 	adopts	the	rules	
and	files	them	with	the	Secretary	of	State,	or	ask	to	register	with	the	MPCA 	to	receive	notice	of	future	rule	proceedings.	
You	may	make	these	requests	at	the	hearing	or	in	writing	to	the	 MPCA contact person .
Lobbyist Registration.  Minnesota Statutes ,	chapter	10A,	requires	each	lobbyist	to	register	with	the	State	Campaign	
Finance	and	Public	Disclosure	Board.	 You	should	direct	questions	regarding	this	requirement	to	the	Campaign	Finance	
and	Public	Disclosure	Board	at	Suite	#190,	Centennial	Building,	658	Cedar	Street,	St.	Paul,	Minnesota	55155,	telephone	
651-539-1180	or	1-800-657-3889.
Alternative Format/Accommodation. 	Upon	request,	this	information	can	be	made	available	in	an	alternative	
format,	such	as	large	print,	braille,	or	audio.	 To	make	such	a	request	or	if	you	need	an	accommodation	to	make	this	
hearing	accessible,	please	contact	the	 MPCA contact person .666
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 666 )
Proposed RulesOrder.	I	order	that	the	rulemaking	hearing	be	held	at	the	date,	time,	and	location	listed	above.
Date:	December	14,	2020		 	 	 	 Laura	Bishop,	Commissioner
		 	 	 	 	 	 	 Minnesota	Pollution	Control	 Agency
7023.0150   SCOPE AND INCORPORATION BY REFERENCE.  
 
     Subpart	1.  Scope. To	reduce	air	pollution	from	vehicles	in	the	state,	parts	7023.0150	to	7023.0300	establish	standards	
for	low-emission	vehicles	and	zero-emission	vehicles.  
 
     Subp.	2.  Incorporation by reference. California	Code	of	Regulations,	title	13,	sections	1900,	1956.8(h)	(medium-du -
ty	vehicle	greenhouse	gas	emission	standards	only),	1961.2,	1961.3,	1962.2,	1962.3,	1965,	1968.2,	1976,	1978,	2035,	
2037	to	2041,	2046,	2062,	2109,	2111	to	2121,	2122	to	2135,	2139,	and	2141	to	2149,	as	amended,	are	incorporated	
by	reference.	 The	regulations	are	not	subject	to	frequent	change	and	are	available	online	at	https://oal.ca.gov/publica -
tions/ccr/.  
 
     Subp.	3.  Term substitutions. In	applying	the	incorporated	sections	of	the	California	Code	of	Regulations,	unless	the	
context	requires	otherwise:  
 
          A.	  “California”	means	“Minnesota”;  
 
          B.	  “CARB,”	“ARB,”	or	“Air	Resources	Board”	means	the	agency;	and  
 
          C.	  “Executive	Officer”	means	the	commissioner.  
 
     Subp.	4.  Effective date. Parts	7023.0150	to	7023.0300,	except	part	7023.0300,	subpart	4,	are	effective	on	the	date	
given	in	a	commissioner’s	notice	published	in	the	State	Register	after	the	standards	incorporated	by	reference	in	subpart	
2	are	granted	a	waiver	by	the	U.S.	Environmental	Protection	 Agency	under	United	States	Code,	title	42,	section	7543.	
The	commissioner’s	notice	must	also	designate	the	first	effective	model	year	in	accordance	with	United	States	Code,	title	
42,	section	7507.  
 
7023.0200   DEFINITIONS.  
 
     Subpart	1.  Applicability.  For	parts	7023.0150	to	7023.0300,	the	terms	in	this	part	have	the	meanings	given.	 The	
definitions	in	parts	7000.0100	and	7005.0100	and	California	Code	of	Regulations,	title	13,	section	1900,	apply	to	parts	
7023.0150	to	7023.0300	unless	the	terms	are	otherwise	defined	in	this	part.  
 
     Subp.	2.  Authorized emergency vehicle. “Authorized	emergency	vehicle”	has	the	meaning	given	in	Minnesota	
Statutes,	section	169.011.  
 
     Subp.	3.  CARB. “CARB”	means	the	California	State	 Air	Resources	Board	as	defined	in	California	Health	and	Safety	
Code,	division	26,	part	1,	chapter	1,	section	39003.  
 
     Subp.	4.  First effective model year. “First	effective	model	year”	means	the	first	model	year	for	which	the	standards	
adopted	in	parts	7023.0150	to	7023.0300	are	effective	according	to	the	commissioner’s	notice	under	part	7023.0150,	
subpart	4.  
 
     Subp.	5.  Light-duty truck. “Light-duty	truck”	has	the	meaning	given	under	California	Code	of	Regulations,	title	13,	
section	1900(b)(11).  
 
     Subp.	6. Medium-duty passenger vehicle. “Medium-duty	 passenger	vehicle”	has	the	meaning	given	under	California	
Code	of	Regulations,	title	13,	section	1900(b)(12).  
 
     Subp.	7.  Medium-duty vehicle. “Medium-duty	vehicle”	has	the	meaning	given	under	California	Code	of	Regula -667
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 667)
Proposed Rulestions,	title	13,	section	1900(b)(13).  
 
     Subp.	8.  Military tactical vehicle. “Military	tactical	vehicle”	means	a	land	combat	or	transportation	vehicle,	exclud -
ing	a	rail-based	vehicle,	that	is	designed	for	and	used	by	a	branch	of	the	United	States	armed	forces	or	used	as	an	
authorized	emergency	vehicle	by	or	for	a	governmental	agency.  
 
     Subp.	9.  Model year. “Model	year”	means	the	manufacturer’s	annual	production	period	that	includes	January	1	of	a	
calendar	year	or,	if	the	manufacturer	has	no	annual	production	period,	the	calendar	year.	 The	model	year	for	a	motor	
vehicle	manufactured	in	two	or	more	stages	is	the	model	year	in	which	the	chassis	is	completed.  
 
     Subp.	10.  Motor vehicle manufacturer. “Motor	vehicle	manufacturer”	means	a	small,	independent	low,	intermedi -
ate,	or	large	volume	manufacturer	as	defined	under	California	Code	of	Regulations,	title	13,	section	1900(b)(8),	(9),	(10),	
and	(22).  
 
     Subp.	11.  New motor vehicle. “New	motor	vehicle”	means	a	first	effective	model	year	or	later	model	year	motor	
vehicle	with	less	than	7,500	miles	of	use	accumulated	as	of	the	date	of	sale	or	lease.  
 
     Subp.	12.  Passenger car. “Passenger	car”	has	the	meaning	given	under	California	Code	of	Regulations,	title	13,	
section	1900(b)(17).  
 
     Subp.	13.  Transitional zero-emission vehicle or TZEV . “Transitional	zero-emission	vehicle”	or	“TZEV”	has	the	
meaning	given	under	California	Code	of	Regulations,	title	13,	section	1962.2(c).  
 
     Subp.	14.  Used motor vehicle. “Used	motor	vehicle”	means	a	first	effective	model	year	or	later	model	year	motor	
vehicle	with	7,500	miles	or	more	of	use	accumulated	as	of	the	date	of	sale	or	lease.  
 
     Subp.	15.  Zero-emission vehicle or ZEV . “Zero-emission	vehicle”	or	“ZEV”	has	the	meaning	given	under	California	
Code	of	Regulations,	title	13,	section	1962.2(a).  
 
7023.0250   LOW-EMISSION VEHICLE STANDARDS.  
 
     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	medi -
um-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;  
 668
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 668 )
Proposed Rules          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	Cali -
fornia	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.  
 669
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 669)
Proposed Rules          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	in -
corporated	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	commission -
er	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.  
 
7023.0300   ZERO-EMISSION VEHICLE STANDARDS.  
 
     Subpart	1.  Requirement. Beginning	with	the	first	effective	model	year,	a	motor	vehicle	manufacturer’s	sales	fleet	of	
passenger	cars	and	light-duty	trucks	produced	by	motor	vehicle	manufacturers	and	delivered	for	sale	or	lease	in	the	state	
must	contain	at	least	the	same	applicable	percentage	of	ZEVs	required	under	California	Code	of	Regulations,	title	13,	
section	1962.2.  
 
     Subp.	2.  Credit bank; reporting requirements; record availability and retention.  
 
          A.	  Beginning	in	the	first	effective	model	year,	a	motor	vehicle	manufacturer	subject	to	this	part	must	open	an	
account	in	the	California	ZEV 	credit	system	for	banking	credits	earned	in	Minnesota.	 The	account	must	be	opened	no	
later	than	March	1	of	the	calendar	year	after	the	end	of	the	first	effective	model	year.	 A	motor	vehicle	manufacturer	must	
notify	the	commissioner	within	30	days	of	opening	an	account	in	the	California	ZEV 	credit	system	for	the	manufactur -
er’s	Minnesota	ZEV 	credits.  
 
          B.	  At	least	annually	by	May	1	of	the	calendar	year	after	the	close	of	a	model	year,	a	motor	vehicle	manufacturer	
must	submit	a	report	to	the	commissioner	that	identifies	the	necessary	delivery	and	placement	data	of	all	motor	vehicles	
generating	ZEV 	credits	and	all	transfers	and	acquisitions	of	ZEV 	credits,	according	to	California	Code	of	Regulations,	
title	13,	section	1962.2.	 The	report	may	be	amended	based	on	late	sales.  
 
          C.	  Upon	oral	or	written	request	of	the	commissioner,	a	person	subject	to	this	part	must	furnish	to	the	commission -
er	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	670
Page Minnesota State Register, Monday 21 December 2020 (Cite 45 SR 670 )
Proposed Rulesmust	retain	all	relevant	records	for	at	least	five	years	after	creating	the	records.  
 
     Subp.	3.  Requirement to make up ZEV deficit. A	motor	vehicle	manufacturer	that	delivers	for	sale	in	the	state	fewer	
ZEVs	or	TZEVs	than	required	to	meet	its	ZEV 	credit	obligation	in	a	given	model	year	must	make	up	the	deficit	by	
submitting	a	commensurate	amount	of	ZEV 	credits	to	the	commissioner	according	to	California	Code	of	Regulations,	ti -
tle	13,	section	1962.2(g)(7).	 The	number	of	motor	vehicles	not	meeting	the	ZEV 	credit	obligation	must	be	equal	to	the	
manufacturer’s	credit	deficit,	rounded	to	the	nearest	1/100th	and	calculated	according	to	the	equation	in	California	Code	
of	Regulations,	title	13,	section	1962.2(g)(8).  
 
     Subp.	4.  Early-action credits.  
 
          A.	  Beginning	with	model	year	2022	and	ending	at	the	beginning	of	the	first	effective	model	year,	a	motor	vehicle	
manufacturer	may	earn	early-action	ZEV 	credits	for	delivering	ZEVs	for	sale	in	the	state.	 A	motor	vehicle	manufacturer	
choosing	to	earn	early-action	ZEV 	credits	under	this	subpart	must	notify	the	commissioner	to	open	an	account	to	track	
early-action	ZEV 	credits	in	Minnesota	no	later	than	March	1	of	the	calendar	year	after	the	close	of	the	first	model	year	
for	which	the	manufacturer	intends	to	accrue	early-action	credits.  
 
          B.	  New	motor	vehicles	delivered	for	sale	in	the	state	under	this	subpart	earn	early-action	ZEV 	credits	with	the	
same	values	established	in	California	Code	of	Regulations,	title	13,	section	1962.2.  
 
          C.	  A	motor	vehicle	manufacturer	that	notifies	the	commissioner	under	item	 A	must	submit	a	report	to	the	commis -
sioner	at	least	annually	by	May	1	of	the	calendar	year	after	the	close	of	the	model	year	that	identifies	the	necessary	
delivery	and	placement	data	of	all	motor	vehicles	generating	early-action	ZEV 	credits	under	this	subpart,	according	
to	California	Code	of	Regulations,	title	13,	section	1962.2.	 The	report	may	be	amended	based	on	late	sales.  
 
          D.	  After	the	reporting	deadline	under	item	C	during	the	first	effective	model	year	and	after	receiving	notice	from	
a	motor	vehicle	manufacturer	under	subpart	2,	item	 A,	the	commissioner	must	load	the	ZEV 	credits	earned	by	the	motor	
vehicle	manufacturer	under	this	subpart	into	the	manufacturer’s	California	ZEV 	credit	system	account.  
 
          E.	  This	subpart	is	effective	beginning	with	a	motor	vehicle	manufacturer’s	model	year	2022.  
 
     Subp.	5.  Onetime credit allotment.  
 
          A.	  For	the	first	effective	model	year,	the	commissioner	must	deposit	into	each	motor	vehicle	manufacturer’s	
account	a	credit	allotment	equivalent	to	the	first	effective	model	year’s	ZEV 	credit	requirement	for	that	motor	vehicle	
manufacturer.  
 
          B.	  The	credit	amount	under	item	 A	must	be	calculated	for	the	first	effective	model	year	according	to	California	
Code	of	Regulations,	title	13,	section	1962.2(b)(1)(A)	and	(B).  
 
          C.	  The	commissioner	must	deposit	the	onetime	credit	allotment	at	the	same	time	that	the	commissioner	loads	the	
ZEV	credits	earned	by	the	motor	vehicle	manufacturer	under	subpart	4,	item	D,	into	the	manufacturer’s	California	ZEV 	
credit	system	account.