06-096   REPOSTING DRAFT  
 
Chapter 127-A: ADVANCED CLEAN CARS II PROGRAM  
 
SUMMARY: This regulation establishes motor vehicle emission 
standards for new passenger cars, light -duty trucks, and medium-duty 
vehicles by incorporating the requirements of the California Advanced Clean Cars II regulations , beginning model  -year 20272028. 
 
The proposed regulation requires an increasing percentage of new light -duty 
vehicle sales to be zero emission vehicles (ZEV) sales each year, starting with 51  
percent ZEV sales in model -year 2028, and leading to 82 percent in model -year 
2032.  
 1. Applicability  
 
A. This Chapter applies statewide.  
 
B. This Chapter shall apply to all new 20272028-2032 and subsequent model  -year 
passenger cars, light -duty trucks, and medium-duty vehicles offered for sale  or lease or 
sold or leased in Maine. S ubject to the California standards that are bought, sold, 
transferred, or registered in Maine, that have a production period beginning no les s than 
two years after the effective date of this regulation . 
 
C. Beginning with the 2028 model- year, a percentage of each manufacturer’s passenger cars 
and light- duty trucks offered for sale in the State of Maine shall be Zero Emission 
Vehicles.  
 
2. Definitions  
 
A. Add-on part. “Add -on part” means any aftermarket part which is not a modified part 
or a replacement part.  
 
B. Aftermarket part. “Aftermarket part” means any part of a motor vehicle emission 
control system sold for installation on a vehicle after the original retail sale of the 
vehicle. 
 
C.A.  California -certified.  “California -certified” means having a valid executive order 
and approved by CARB for sale in California. 
 
D.B. CARB.  “CARB” means the California Air Resources Board.  
 
E.C. CARB Executive Order.  “CARB Executive Order” means a document issued by 
CARB certifying that a specified engine family, test group or model - year vehicle has 
met all applicable Title 13 CCR requirements for certification and sale in California.  
 
F.D. California  Code of Regulations or CCR. “California Code of Regulations” or 
“CCR” means the official compilation and publication of the regulations adopted, 06-096  POSTING DRAFT  
 
 
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 amended or repealed by California state agencies pursuant to the California 
Administrative Procedure Act.  
 
G.E. Dealer.  “Dealer” means any person engaged in the business of selling, offering to 
sell, soliciting or advertising the sale of new vehicles who holds a valid sales and service agreement, franchise or contract, granted by the manufacturer or distributor for the retail sale o f said manufacturer’s  or distributor’ s new vehicles.  
 
H.F. Deliver for sale. “Deliver for sale” means deliver for sale or for lease in Maine.  
 
I.G. Department. “Department” means the Maine Department of Environmental 
Protection.  
 
J.H. Emergency v ehicle.  “Emergency vehicle” means any authorized vehicle publicly 
owned and operated that is used by a peace officer, used for fighting fires or responding to emergency fire calls, used by emergency medical technicians or paramedics, used for towing or servicing other vehicles, used for repairing damaged lighting or electrical equipment. 
 
K.I. Fleet Average Emission . “Fleet Average Emission” means a vehicle 
manufacturer’s average vehicle emissions of all greenhouse gases, non -methane organic 
gases (NMOG), or NMOG plus oxides of nitrogen (NOx), as applicable, from all new vehicles delivered for sale or lease in Maine in any model -year.  
 
L.J. Green house gas or GHG . “Greenhouse gas” or “GHG”  is as defined in Title 13 
CCR § 1961.3(f). 
 
K GHG . “GHG” means greenhouse gas.  
 
M. L. Independent l ow volume m anufacturer.  “Independent l ow volume 
manufacturer” is as defined in Title 13 CCR §1900.  
N.
M. Intermediate volume manufacturer.  “Intermediate volume manufacturer” is as 
defined in Title 13 CCR §1900. 
 
O.N. Large volume manufacturer.  “Large volume manufacturer” is as defined in 
Title 13 CCR §1900.  
P.
O. Light -duty t ruck.  “Light -duty truck” is as defined in Title 13 CCR §1900. 
 
Q.P. Lease.  “Lease” means any commercial transaction recognized under the laws of 
this State as a means of creating a right to use a good and includes renting. It also 
includes offering to rent or lease.  
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 R.Q. Manufacturer.  “Manufacturer” means any small, independent low volume, 
intermediate or large volume vehicle manufacturer as those terms are defined in Title 13 , 
CCR California Code of Regulations  Section  § 1900. 
 
S.R. Medium -duty passenger vehicle. “Medium duty passenger vehicle” is as defined 
in Title 13 CCR §1900. 
 
T. S. Medium -duty vehicle.  “Medium-duty vehicle” is as defined in Title 13 CCR § 
1900.  
U.
T. Model -year.  “Model- year” means the manufacturer's annual production period 
for each  engine family  which includes January 1 of a calendar year or, if the 
manufacturer has no annual production period, the calendar year. In the case of any motor vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the cha ssis. 
 
V. Modified part.  “Modified part” means any aftermarket part intended to replace an 
original equipment emissions -related part and which is not functionally identical to the 
original equipment part in all respects which in any way affect emissions, e xcluding a 
consolidated part . 
 
W.U. New Motor Vehicle or Vehicle.  “New Motor Vehicle” or “Vehicle” means 
any passenger car, light -duty truck, medium -duty passenger vehicle or medium -duty 
vehicle as appropriate with 7,500 miles or fewer on its odometer.  
 
V. N ew vehicle . “New Vehicle” means any vehicle with 7,500 miles or fewer on its 
odometer. 
 
X.W. Passenger car.  “Passenger car” is as defined in Title 13 CCR § 1900. 
 
Y.X. Qualifying Community -based Clean Mobility Program. “Qualifying 
Community -Based Clean Mobility Program” means a program determined by the 
Department to qualify as a community -based clean mobility program that: 1) 
provides access to clean mobility solutions other than vehicle ownership including 
ZEV car sharing, ridesharing, vanpools, ride-hailing, or on-demand first- mile/last -
mile services; 2) serves a disproportionately impacted community, or a tribal 
community regardless of federal recognition; and 3) is implemented by a 
community -based organization; Native American Tribal government regardless of 
federal recognition; or a public agency or nonprofit organization that has received a 
letter of support from a project- related community -based organization or local 
community group that represents community members that will be impacted by the 
project or has a service background related to the type of project. The Department 
must determine that a program qualifies as a community -based clean mobility 
program before a manufacturer may earn vehicle value pursuant to the requirements 
of Title 13 , California Code of Regulations CCR §Section  1962.4. 06-096  POSTING DRAFT  
 
 
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Z.Y.  Recall. “Recall” means the issuing of notices directly to consumers that 
vehicles in their possession or control should be corrected, and/or efforts to actively 
locate and correct vehicles in the possession or control of consumers.  
 
AA. Replacement part. “Replacement part” means any aftermarket part which 
is intended to replace an original equipment emissions-related part and which is 
functionally identical to the original equipment part in all respects which in any way 
affect emissions (including durability), or a consolidated part. 
 
BB.Z.  Sell. “Sell” means any commercial vehicles transaction recognized under 
the laws of this State as a means of transferring ownership of a good and includes 
barter. It also includes offering for sale.  
 
CC.AA . Small  volume manufacturer. “Small volume manufacturer” is as defined in 
Title 13 CCR § 1900. 
 
DD.BB . VEC. “VEC” means vehicle equivalent credits.  
 
EE.CC . ZEV —Zero -Emission Vehicle  or ZEV . “Zero emission vehicle” or “ZEV”  
is as defined in Title 13 CCR § 1962.4 for Advanced Clean Cars II. 
 
FF.DD.   ZEV Credit or ZEV Value. “ZEV Credit” or “ZEV value” means a 
unit, expressed numerically, generated in accordance with Title 13 California Code 
Regulations CCR §Section  1962.4. 
 
3. Incorporation b y Reference 
 
A. This chapter incorporates by reference certain sections of Title 13 , CCRCalifornia 
Code of Regulations . Appendix A lists the sections of Title 13 , CCR California Code 
of Regulations  incorporated by reference and the respective amended date for each 
section.  The sections of Title  13, CCR California Code of Regulations  incorporated by 
reference in this chapter are the version of the section adopted as of the amended date 
in Appendix A. For purposes of applying the incorporated sections of the CCR California Code of Regulations , unless clearly inappropriate, “California” shall 
mean “Maine.” Copies of the incorporated material are available from the Department 
by calling 207-287-2437. 
 
B. In the event there are inconsistencies or duplications in the requirements of the 
provisions of the CCR sections incorporated herein and this Chapter, the provisions 
of the CCR shall prevail.  
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 B.C.  Nothing in the provisions incorporated by reference from the CCR shall affect the 
Department's authority to enforce statutes, rules, and permits, or any orders 
administered or issued by the Department.  
 
C.D. 13 CCR § 1962.4(c)(1)(B) is incorporated by refe rence, except that the 
Percentage Requirements are only incorporated up to and including the 
requirement for model-y ear 2028 through Mm odel -Yyear  2032. Incorporation of 
Percentage Requirements for subsequent years will be determined by a midterm 
review of Maine’s Advanced Clean Cars II Program that the Department will conduct pursuant to Sec tion. 12 11 of this Chapter.  
 
D.E. 13 CCR § 1962.4(m)(3) is incorporated by reference, except that the citation to 
“Health and Safety Code section 43016 and 43212” is replaced with “Title 38 M.R.S. § 349, Penalties.” 
 
4.5. Prohibitions  
 
A. New Vehicle Emission Requirements. No person or other entity, including a 
manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, deliver, purchase, lease, rent, acquire, or receive a new vehicle subject to this Chapter in or into Maine unless the vehicle has received a CARB Executive Order for all applicable requirements of Title 13 , CCR California Code of Regulations  
and complies with all applicable requirements of this Cc hapter . 
 
B. 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; or  
 
(5) A  vehicle which is a military tactical vehicle or equipment as defined by Title 13 
CCR § 1905. 
 
5. 6. Warranty 
 
A. For California -certified vehicles delivered for sale or lease in Maine, each 
manufacturer  shall provide a warranty for the ultimate purchaser and each subsequent 
purchaser that complies with the applicable warranty requirements of Title 13 , 06-096  POSTING DRAFT  
 
 
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 California Code of Regulations CCR Sections§§ 1962.8, 2035, 2037 through 2038, 
20401, and 2046.  
 
6. 7. Recall  
 
A. F or all California -certified vehicles registered in Maine, each manufacturer shall 
undertake an action equivalent to that which is required by any order or enforcement 
action taken by CARB, or any voluntary or influenced emission related recall initiated by any manufacturer pursuant to Title 13, California Code of 
Regulations CCR Sections§§ 1962.7, 2101 2109 through 2120, 2122 through 2133, 
and 2135 through 2149 unless within 30 days of CARB approval of said recall, the manufacturer demonstrates to the Agency that such recall is not applicable to vehicles registered in Maine. Each manufacturer must send to owners of Maine registered 
California -certified vehicles the same notice that is used for California owners 
required by Title 13, CCR California Code of Regulations §§Sections 2118 or 2127. 
 
7. 8. Manufacturer Fleet Requirements 
 
A. Each manufacturer shall meet the following fleet requirements for the new vehicles delivered for sale or lease in Maine: 
 
(1) Effective for themodel- year 20272028 and subsequent model- years through 
model- year 2032, each manufacturer shall comply with the fleet average NMOG 
+ NOx emission requirements and the LEV IV phase- in requirements for 
passenger cars, light -duty trucks, and medium duty vehicles, and may earn and 
bank NMOG + NOx credits or VECs  as applicable, in accordance with Title 13, 
CCR California Code of Regulations §Section  1961.4. 
 
(2) E ffective for model- year 20272028 and subsequent model yearsthrough model-
year 2032, each manufacturer shall comply with the Zero Emission Vehicle sales 
requirements and, starting with 20252026 model - year vehicles, may earn and 
bank ZEV value, both in accordance with Title 13, CCR California Code of 
Regulations §Section  1962.4. 
 
8. 9. Manufacturer Reporting Requirements  
 
A. Delivery Reporting. Each manufacturer shall submit annually to the Department, by March 1 following the end of each model-year, a report, itemized by test group, documenting total new vehicles delivered for sale or leas e in Maine.  
 
B. Fleet Reporting  
 
(1) Each manufacturer shall submit annually to the Department, by March 1 for 
NMOG + NOx,  (or May 1 for GHG reporting), and May 1 for ZEV reporting 
(which includes a supplemental reporting date of August 31) following the end of 
each model- year, a report that demonstrates that the manufacturer has met the 06-096  POSTING DRAFT  
 
 
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 fleet requirements of Section 8 7 in Maineof this Chapter . 
 
(2) I f a manufacturer wants to bank VECs, or GHG, NMOG + NOx , or ZEV  credits, 
the manufacturer shall submit annually, by March 1 for NMOG + NOx , or May 1 
for GHG and ZEV  reporting, (which includes a supplemental reporting date of 
August 31) following the end of the model-year, a report, which demonstrates that 
such manufacturer has earned VECs or GHG,  NMOG + NOx , or ZEV  credits in 
Maine. Credits are to be calculated in the same manner as required by CARB.  
 
C. Recall Reporting  
 
(1) Each manufacturer shall submit, within 30 days of CARB approval, a copy of any 
CARB approved voluntary, influenced or ordered recall plan specified by Title 13, California Code of Regulations CCR  §§Sections 1962.7, 2114, and 2125, and 
2169 supplemented with the number of affected vehicles registered in Maine.   
 
(2) Each manufacturer shall submit recall campaign progress reports for vehicles 
registered in Maine, within the timelines of, and containing the information required by, Title 13, California Code of Regulations CCR Sections§§ 1962.7, 
2119, and 2133. Reports need not be submitted to the Department if the equivalent reports have been waived by CARB. 
 
D. Documentation  
 
A manufacturer, a dealer or a transporter of new vehicles shall, upon request, provide to 
the Department any documentation which the Department determines to be necessary for 
the effective administration and enforcement of this Chapter. 
 
9. 10.Regional Document Repository  
 
Maine may enter into an agreement with other states to establish a regional document repository.  
10. 11.Dealer Inspection  
 The Department or its agents may conduct inspections on any premises owned, operated, used, leased, or rented by any dealer.  
11. 12.Program Review 
 The Department will conduct a review of the program no later than January 1, 2028.  Such review shall consider , among other factors,  technical feasibility, cost -effectiveness, 
air pollution reductions, and availability  of vehicles for subsequent model- years.  
 
12. Add-On-Parts and Modified Parts   
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 Replacement  parts intended to replace an original equipment emissions- related part must 
meet the requirements of Title 13 CCR  § 2222.  
 
13.  Severability  
 
Each Section of this Chapter shall be deemed severable, and in the event that any Section 
of this Chapter is held invalid, the remainder shall continue in full force and effect.  
 
 
  AUTHORITY:  38 M.R.S.A., Sections 576 -A, 585, 585-A, 585-D 
   Effective Date : 
         
 
 Appendix A   
Title 13 CCR   
Title                                                                                                                   
Effective Date  
Chapter 1            Motor Vehicle Pollution Control Devices.  
Article 1               General Provisions.  
1900  Definitions.  11/30/22  
1905  Exclusion and Exemption of Military Tactical Vehicles 
and Equipment . 7/03/96  
Article 2              Approval of Motor Vehicle Pollution Control Devices (New Vehicles).  
1960.5  Certification of 1983 and Subsequent Model -Year 
Federally Certified Light -Duty Motor Vehicles for Sale in 
California.  10/16/02  
1961.2  Exhaust Emission Standards and Test Procedures - 2015 
through 2025  Model Year Passenger Cars, Light -Duty 
Trucks, and 2015 through 2028 Model Year Medium- Duty 
Vehicles.  11/30/22  
1961.3  Greenhouse Gas Exhaust Emission Standards and Test 
Procedures - 2017 and Subsequent Model Passenger Cars, 
Light -Duty Trucks, and Medium -Duty Passenger Vehicles.  11/30/22  06-096  POSTING DRAFT  
 
 
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 1961.4  Exhaust Em ission Standards and Test Procedures - 2026 
and Subsequent Model Year Passenger Cars, Light -Duty 
Trucks, and Medium -Duty Vehicles . 11/30/22  
1962.3  Electric Vehicle Charging Requirements . 11/30/22  
1962.4  Zero -Emission Vehicle Requirements for 2026 and 
Subsequent Model Year Passenger Cars and Light -Duty 
Trucks . 11/30/22  
1962.5  Data Standardization Requirements for 2026 and 
Subsequent Model Year Light -Duty Zero Emission 
Vehicles and Plug -in Hybrid Electric Vehicles . 11/30/22  
1962.6  Battery Labeling Requirements . 11/30/22  
1962.7  In-Use Compliance, Corrective Action and Recall 
Protocols for 2026 and Subsequent Model Year Zero - 
Emission and Plug-in Hybrid Electric Passenger Cars and 
Light -Duty Trucks . 11/30/22  
1962.8  Warranty Requirements for Zero -Emission and Batteries in 
Plug-in Hybrid Electric 2026 and Subsequent Model Year 
Passenger Cars and Light -Duty Trucks . 11/30/22  
1965  Emission Control and Smog Index, and Environmental 
Performance Labels — 1979 and Subsequent Model -Year 
Motor Vehicles.  11/30/22  
1968.1  Malfunction and Diagnostic System Requirements — 
1994 and Subsequent Model -Year Passenger Cars, Light -
Duty Trucks and Medium -Duty Vehicles and Engines.  11/27/99  
1968.2  Malfunction and Diagnostic System Requirements – 2004 
and Subsequent Model -Year Passenger Cars, Light -Duty 
Trucks and Medium Duty Vehicles and Engines.  11/30/22  
1976  Standards and Test Procedures for Motor Vehicle Fuel 
Evaporative Emissions.  11/30/22  
1978  Standards and Test Procedures for Vehicle Refueling 
Emissions.  8/07/12  
Article 6  Emission Control System Warranty.  
2035  Purpose, Applicability, and Definitions.  4/01/22  
2037  Defects Warranty Requirements for 1990 and 
Subsequent Model Passenger Cars, Light -Duty Trucks, 
Medium -Duty Vehicles, and Motor Vehicle Engines 
Used in Such Vehicles.  11/30/22  
2038  Performance Warranty Requirements for 1990 and 
Subsequent Model Passenger Cars, Light -Duty Trucks, 
Medium -Duty Vehicles and Motor Vehicle Engines 
Used in Such Veh icles.  11/30/22  
2039  Emissions Control System Warranty Statement.  12/26/90  
2040  Vehicle Owner Obligations.  10/01/19  
2041  Mediation; Finding of Warrantable Condition.  12/26/90  
2046  Defective Catalyst.  1/16/79  
Article 7  Procedures for Certifying Used Modifier -Certified Motor Vehicles and 
Licensing Requirements for Vehicle Emission Test Laboratories.  06-096  POSTING DRAFT  
 
 
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 2047  Certification Procedures for Used Modifier -certified 
Motor Vehicles.  5/31/88  
Chapter 2  Enforcement of Vehicle Emission Standards and Surveillance Testing.  
Article 1  Assembly -Line Testing.  
2062  Assembly -Line Test Procedures - 1998 and Subsequent 
Model -years.  8/07/12  
Article 2  Enforcement of New and In -Use Vehicle Standards.  
2101  Compliance Testing and Inspection - New Vehicle 
Selection, Evaluation and Enforcement Action.  11/27/99  
2109  New Vehicle Recall Provisions.  11/30/83  
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.  
2111  Applicability.  4/01/22  
2112  Definitions.  11/30/22  
2113  Initiation and Approval of Voluntary and Influenced 
Emission -Related Recalls.  4/01/22  
2114  Voluntary and Influenced Recall Plans.  4/01/22  
2115  Eligibility for Repair.  4/01/22  
2116  Repair Label.  4/01/22  
2117  Proof of Correction Certificate.  4/01/22  
2118  Notification.  4/01/22  
2119  Recordkeeping and Reporting Requirements . 4/01/22  
2120  Other Requirements Not Waived.  1/26/95  
2121  Penalties.  4/01/22  
Article 2.2  Procedures for In -Use Vehicle Ordered Recalls.  
2122  General Provisions.  12/8/10  
2123  Initiation and Notification of Ordered Emission -Related 
Recalls.  4/01/22  
2124  Availability of Public Hearing.  1/26/95  
2125  Ordered Recall Plan.  4/01/22  
2126  Approval and Implementation of Recall Plan.  4/01/22  
2127  Notification of Owners.  4/01/22  
2128  Repair Label.  4/01/22  
2129  Proof of Correction Certificate.  4/01/22  
2130  Capture Rates and Alternative Measures.  4/01/22  
2131  Preliminary Tests.  4/01/22  
2132  Communication with Repair Personnel.  1/26/95  
2133  Recordkeeping and Reporting Requirements.  4/01/22  
2134  Penalties.  1/26/95  
2135  Extension of Time.  1/26/95  
Article 2.3  In-Use Vehicle Enforcement Test Procedures.  
2136  General Provisions.  12/08/10  
2137  Vehicle, Engine, and Trailer Selection.  4/01/22  
2138  Restorative Maintenance.  11/27/99  
2139  Testing.  11/30/22  
2140  Notification and Use of Test Results.  11/30/22  06-096  POSTING DRAFT  
 
 
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 Article 2.4  Procedures for Reporting Failures of Emission -Related Components.  
2141  General Provisions.  4/01/22  
2142  Alternative Procedures.  4/01/22  
2143  Failure Levels Triggering Recall and Corrective Action.  4/01/22  
2144  Emission Warranty Information Report.  4/01/22  
2145  Field Information Report.  4/01/22  
2146  Emissions Information Report.  4/01/22  
2147  Demonstration of Compliance with Emission Standards.  11/30/22  
2148  Evaluation of Need for Recall.  4/01/22  
2149  Notification of Subsequent Action.  4/01/22  
Article 3  Surveillance Testing.  
2151  New Motor Vehicle Dealer Surveillance.  12/20/83  
2152  Surveillance of Used Cars at Dealerships.  12/20/83  
2169  Required Recall or Corrective Action Plan . 4/01/22  
Chapter 4  Criteria for the Evaluation of Motor Vehicle Pollution Control Devices 
and Fuel Additives.  
Article 2  Aftermarket Parts.  
2220  Applicability.  12/30/83  
2221  Replacement Parts.  12/30/83  
2222  Add-On Parts and Modified Parts.  10/01/21  
2224  Surveillance.  10/01/21  
Chapter 4.4  Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks.  
2235  Requirements.  10/01/19