1Title  13. California  Air Resources  Board
Notice  of Public  Hearing  to Consider  Proposed  
Amendments to On -Road Motorcycle Emission Standards 
and Test Procedures  and Adoption of New On -Board 
Diagnostics and Zero -Emission Motorcycle Requirements
The California  Air Resources  Board  (CARB  or Board)  will conduct  a public  hearing  at the 
date  and time  noted  below  to consider  approving  for adoption  the proposed  amendments  
to the On-Road  Motorcycle  (ONMC)  emission  standards  and test procedures  and adoption  
of new  provisions  relating  to ONMCs  under  Division  3, Chapter  1, Article  2 (Approval  of 
Motor  Vehicle  Pollution  Control  Devices)  under  Title  13, California  Code  of Regulations  
(collectively  “Proposed  Regulatory  Action ”).
Date:   January  25, 2024
Time:   9:00  A.M.
In-Person  Location:
California  Air Resources  Board   
Byron  Sher  Auditorium  
1001  I Street,  Sacramento,  California  95814
Remote  Option:   Zoom
This public  meeting  may  continue  at 8:30  a.m.,  on January  26, 2024 . Please  consult  the 
public  agenda,  which  will be posted  ten days  before  the January  25, 2024 , Board  Meeting,  
for important  details,  including,  but not limited  to, the day on which  this item  will be 
considered,  how  to participate  via Zoom,  and any appropriate  direction  regarding  a 
possible  remote -only  Board  Meeting  if needed.
Written Comment Period and Submittal of Comments
In accordance  with  the Administrative  Procedure  Act, interested  members  of the public  may  
present  comments  orally  or in writing  during  the hearing  and may  provide  comments  by 
postal  mail  or by electronic  submittal  before  the hearing.  The public  comment  period  for 
this regulatory  action  will begin  on December  1, 2023 . Written  comments  not submitted  
during  the hearing  must  be submitted  on or after  December  1, 2023 , and received  no later  
than  January  16, 2024 . Comments  submitted  outside  that comment  period  are 
considered  untimely.  CARB  may,  but is not required  to, respond  to untimely  comments,  
including  those  raising  significant  environmental  issues.  The Board  also encouragesmembers  of the public  to bring  to the attention  of staff  in advance  of the hearing  any 
suggestions  for modification  of the proposed  regulatory  action.  Comments  submitted  in 
advance  of the hearing  must  be addressed  to one of the following:
Postal  mail:  Clerks’  Office,  California  Air Resources  Board  
1001  I Street,  Sacramento,  California  95814
Electronic  submittal :  https://www.arb.ca.gov/lispub/comm/bclist.php
Please  note  that under  the California  Public  Records  Act (Gov.  Code,  § 7920.000  et seq.),  
your  written  and oral comments,  attachments,  and associated  contact  information  (e.g.,  your  
address,  phone,  email,  etc.)  become  part of the public  record  and can be released  to the 
public  upon  request.
Additionally,  the Board  requests  but does  not require  that persons  who  submit  written  
comments  to the Board  reference  the title of the proposal  in their  comments  to facilitate  
review.
Authority and Reference
This regulatory  action  is proposed  under  the authority  granted  in California  Health  and 
Safety  Code,  sections  38501,  38505,  38510,  38560,  39010 , 39600,  39601,  39602.5,  39667 , 
43013,  43018,  43019,  43019.1,  43100,  43101,  43104,  43105,  43105.5,  43106 , 43107 , 
43202.6  and 43806;  and California  Vehicle  Code,  section  28114 . This action  is proposed  to 
implement,  interpret,  and make  specific  sections  California  Health  and Safety  Code , sections  
38501,  38505,  38510,  38560,  38562,  39002,  39003,  39010,  39018,  39500,  39600,  39601,  
39602.5,  43000,  43000.5,  43009.5,  43013,  43016,  43018,  43018.5,  43019,  43019.1,  43100,  
43101,  43101.5,  43102,  43104,  43105,  43105.5,  43106,  43107,  43151,  43152,  43153,  
43154,  43202,  43204,  43205,  43205.5,  43206,  43210,  43211 ,43212,  43213,  43806,  44004,  
44010,  44011,  44012,  44015  and 44017 ; and California  Vehicle  Code,  section  28114.
Informative Digest of Proposed Action and Policy Statement 
Overview (Gov. Code, § 11346.5, subd. (a)(3))
Existing  statutes  declare  that emissions  from  motor  vehicles  with  internal  combustion  
engines  are a significant  public  health  threat.  Existing  statutes  direct  the Board  to “endeavor  
to achieve  the maximum  degree  of emission  reduction  possible  from  vehicular  and other  
mobile  sources  to accomplish  the attainment  of the state  [ambient  air quality]  standards  [for 
air pollution]  at the earliest  practicable  date.”
The Board  has adopted  numerous  regulations  to reduce  harmful  emissions  from  motor  
vehicles  and ONMCs . These  existing  regulations  establish  emission  standards  for ONMC  
exhaust  and evaporative  emissions  from  ONMC s with  internal  combustion  engines.
The Proposed  Regulatory  Action  will amend  and extend  these  existing  regulations,  
identified  below  under  Sections  Affected,  to further  reduce  harmful  pollution  from  ONMCs .The Proposed  Regulatory  Action  will increase  the stringency  of existing  regulations  to 
ensure  emissions  are reduced  under  a wider  range  of conditions  under  which  vehicles  are 
used  and will transition  new  ONMC  sales  in California  to 50% zero -emission  by 2035.
Sections  Affected:
Proposed  adoption  to the California  Code  of Regulations,  Title 13, Division  3, Chapter  1, 
Article  2, Sections  1958.1  through  1958. 7.
Proposed  amendment  to the California  Code  of Regulations,  Title 13, Division  3, Chapter  1, 
Article  2, Sections  1958,  and 1976 ; Article  6, Section  2036 ; Chapter  2, Article  2.1, Section  
2112 ; and Chapter  16, Article  2, Sections  2903,  and 2904.
Documents  Incorporated  by Reference  (Cal.  Code  Regs.,  tit. 1, § 20, 
subd.  (c)(3)):
The following  documents  and test methods  are incorporated  in the regulation  by reference  
as specified  by section:
·The following  sections  of Subparts  E and F, Part 86, Title  40, Code  of Federal  Regulations  
(CFR) , as they  existed  on April  15,1978 , in section  1958 , subsection  (c). These  CFR  
sections  were  adopted  on January  5, 19771, and several  specified  sections  were  
amended  on October  28, 1977.2  
oSubpart  E, Part 86, Title  40, CFR
§The following  sections  of Subpart  E, Part 86, Title  40, CFR  that are incorporated  by 
reference  in section  1958 , (c) “as they  existed  on April  15, 1978”  were  adopted  
January  5, 1977  and do not include  any subsequent  amendments :  86.401 -78, 
86.403 -78, 86.404 -78, 86.405 -18, 86.40 6-78, 86.407 -78, 86.40 8-78, 86.409 -78, 
86.410 -78, 86.410 -80, 86.411 -78, 86.412 -78, 86.414-78, 86.415 -78, 86.417 -78, 
86.418 -78, 86.419 -78, 86.420 -78, 86.421 -78, 86.422 -78, 86.423 -78, 86.424 -78, 
86.42 5-78, 86.427 -78, 86.428 -80, 86.429 -78, 86.430 -78, 86.431 -78, 86.433 -78, 
86.434 -78, 86.435 -78, 86.438 -78, 86.439 -78, 86.441 -78, 86.443-78, 86.444 -78.
§The following  sections  of Subpart  E, Part 86, Title  40, CFR  that are incorporated  by 
reference  in section  1958 , (c) “as they  existed  on April  15, 1978”  were  adopted  
January  5, 1977  and amend ed October  28, 1977 : 86.402 -78, 86.413 -78, 86.416 -
78, 86.416 -80 (new  section),  86.426 -78, 86.428 -78, 86.432 -78, 86.436 -78, 86.437 -
78, 86.440 -78, 86.442 -78.
oSubpart  F, Part 86, Title  40, CFR
142 Fed.  Reg.  1121 -1161  (January  5, 1977 ).
242 Fed.  Reg.  56729 -56748  (October  28, 1977) .§The following  sections  of Subpart  F, Part 86, Title  40, CFR  that are incorporated  by 
reference  in section  1958 , (c) “as they  existed  on April  15, 1978”  were  adopted  
January  5, 1977  and do not include  any subsequent  amendments :  86.501 -78, 
86.502 -78, 86.503 -78, 86.504 -78, 86.505 -78, 86.506,  86.507,  86.509 -78, 86.510,  
86.511 -78, 86.512,  86.514 -78, 86.515 -78, 86.516 -78, 86.517,  86.518 -78, 86.520 , 
86.521-78, 86.522 -78, 86.523 -78, 86.524 -78, 86.525 , 86.526 -78, 86.527 -78, 
86.52 8-78, 86.529 -78, 86.530 -78, 86.531 -78, 86.532 -78, 86.533 , 86.534, 86.536 -
78, 86.538 , 86.539 , 86.541 , 86.543 .
§The following  sections  of Subpart  F, Part 86, Title  40, CFR  that are incorporated  by 
reference  in section  1958 , (c) “as they  existed  on April  15, 1978”  were  adopted  
January  5, 1977  and amended  October  28, 1977 :  Sections  86.508 -78, 86.513 -78, 
86.519 -78, 86.535 -78, 86.537 -78, 86.540 -78, 86.542 -78, 86.544 -78.
·The following  sections  of Subparts  E and F, Part 86, Title  40, CFR , as they  existed  on 
July 7, 19863, in section  1958 , (c), as adopted  or as last amended  on the date s shown  
below .
oSubpart  E, Part 86, Title  40, CFR
§§ 86.401 -78, January  5, 1977
§§ 86.402 -78, December  10, 1984
§§ 86.403 -78, January  5, 1977
§§ 86.404 -78, January  5, 1977
§§ 86.405 -78, January  5, 1977
§§ 86.406 -78, January  5, 1977
§§ 86.407 -78, January  5, 1977
§§ 86.408 -78, January  5, 1977
§§ 86.409 -78, January  5, 1977
§§ 86.410 -80, December  10, 1984
§§ 86.411 -78, January  5, 1977
§§ 86.412 -78, January  5, 1977
§§ 86.413 -78, October  28, 1977
§§ 86.414 -78, January  5, 1977
§§ 86.415 -78, December  10, 1984
340 CFR  §§ 86.401 -86.444  & 86.501 -86.544  (July  1, 1986).§§ 86.416 -80, December  10, 1984
§§ 86.417 -78, January  5, 1977
§§ 86.418 -78, January  5, 1977
§§ 86.419 -78, January  5, 1977
§§ 86.420 -78, August  17, 1979
§§ 86.421 -78, January  5, 1977
§§ 86.422 -78, January  5, 1977
§§ 86.423 -78, December  10, 1984
§§ 86.425 -78, January  5, 1977
§§ 86.426 -78, October  28, 1977
§§ 86.427 -78, December  10, 1984
§§ 86.428 -80, January  5, 1977
§§ 86.429 -78, January  5, 1977
§§ 86.430 -78, December  10, 1984
§§ 86.431 -78, December  10, 1984
§§ 86.432 -78, December  10, 1984
§§ 86.434 -78, December  10, 1984
§§ 86.435 -78, December  10, 1984
§§ 86.436 -78, December  10, 1984
§§ 86.437 -78, November  2, 1982
§§ 86.438 -78, January  5, 1977
§§ 86.439 -78, December  10, 1984
§§ 86.440 -78, December  10, 1984
§§ 86.441 -78, January  5, 1977
§§ 86.442 -78, October  28, 1977
§§ 86.443 -78, January  5, 1977
§§ 86.444 -78, January  5, 1977
oSubpart  F, Part 86, Title  40, CFR
§§ 86.501 -78, January  5, 1977§§ 86.502 -78, January  5, 1977
§§ 86.503 -78, January  5, 1977
§§ 86.504 -78, January  5, 1977
§§ 86.505 -78, January  5, 1977
§§ 86.508 -78, October  28, 1977
§§ 86.509 -78, January  5, 1977
§§ 86.511 -78, January  5, 1977
§§ 86.513 -82, November  2, 1982
§§ 86.514 -78, January  5, 1977
§§ 86.515 -78, January  5, 1977
§§ 86.516 -78, January  5, 1977
§§ 86.518 -78, January  5, 1977
§§ 86.519 -78, October  28, 1977
§§ 86.521 -78, January  5, 1977
§§ 86.522 -78, January  5, 1977
§§ 86.523 -78, January  5, 1977
§§ 86.524 -78, January  5, 1977
§§ 86.526 -78, January  5, 1977
§§ 86.527 -78, January  5, 1977
§§ 86.528 -78, January  5, 1977
§§ 86.529 -78, January  5, 1977
§§ 86.530 -78, January  5, 1977
§§ 86.531 -78, January  5, 1977
§§ 86.532 -78, January  5, 1977
§§ 86.535 -78, October  28, 1977
§§ 86.536 -78, January  5, 1977
§§ 86.537 -78, December  10, 1984
§§ 86.540 -78, October  28, 1977
§§ 86.542 -78, October  28, 1977§§ 86.544 -78, November  16, 1983
·“California  2028  and Subsequent  Model  Year  Exhaust  Emission  Standards  and Test  
Procedures  for On-Road  Motorcycles,”  adopted  [INSERT  ADOPTION  DATE],  State  of 
California,  Air Resources  Board,  in section  1958 , (h)(4)
·“Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  of 15 
January  2013  on the approval  and market  surveillance  of two- or three -wheel  vehicles  
and quadricycles,  02013R0168  – EN – 14.11.2020 ,” in section s 1958 , (i); 1958.2 , (b)(1)  
and 1958.3,  (a)(3)
·“Commission  Implementing  Regulation  (EU)  No 901/2014  of 18 July 2014  Implementing  
Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  with  regard  
to the administrative  requirements  for the approval  and market  surveillance  of two- or 
three -wheel  vehicles  and quadricycles , 02014R0901  – EN – 12.03.2020 ,” in section s 
1958 , (i) and 1958.2,  (d)(1)
·“Commission  Delegated  Regulation  (EU)  No 44/2014  of 21 November  2013  
supplementing  Regulation  (EU)  No 168/2013  of the European  Parliament  and of the 
Council  with  regard  to the vehicle  construction  and general  requirements  for the 
approval  of two- or three -wheel  vehicles  and quadricycles , 02014R0044  — EN — 
20.03.2018 ,” in sections  1958.2 , (b)(1)  and 1958.3 , (a)(3)
·“Commission  Delegated  Regulation  No 134/2014  of 16 December  2013  supplementing  
Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  with  regard  
to environmental  and propulsion  unit performance  requirements  and amending  Annex  V 
thereof , 02014R0134  – EN – 20.03.2018, ” in section s 1958.2 , (c)(1)(A) ; 1958 .3, (a)(3) ; and 
1958.4 , (e)
·SAE International  (SAE),  J1978  "OBD  II Scan  Tool  - Equivalent  to ISO/DIS  15031 -4: 
December  14, 2001",  April  2002,  in section  1958.2 , (b)(3)
·SAE International  (SAE) , J1979  "E/E  Diagnostic  Test  Modes ," May  2007  (SAE  J1979),  in 
section  1958.2 , (b)(3)
·SAE International  (SAE), “J1979 -2 E/E - Diagnostic  Test  Modes:OBDonUDS,”  April  22, 
2021 , in section  1958.2 , (b)(3)
·ISO 15765 -4:2016  “Road  Vehicles -Diagnostic  communication  over  Controller  Area  
Network  (DoCAN)  - Part 4: Requirements  for emissions -related  systems ,” April  2016 , In 
section  1958.2 , (h)(1) (A)
·SAE International  (SAE) , “J2982_202210  - Riding  Range  Test  Procedure  for On-Highway  
Electric  Motorcycles, ” revised  10-13-2022,  in section  1958.4 , (e)(1)
·SAE International  (SAE) , “J2572_201410  - Recommended  Practice  for Measuring  Fuel  
Consumption  and Range  of Fuel  Cell and Hybrid  Fuel  Cell Vehicles  Fueled  by 
Compressed  Gaseous  Hydrogen, ” revised  10-16-2014 , in section  1958.4 , (e)(2)·SAE International  (SAE) , “Surface  Vehicle  Recommended  Practice  SAE J1772,  SAE 
Electric  Vehicle  and Plug  in Hybrid  Electric  Vehicle  Conductive  Charger  Coupler, ” 10-13-
2017 , in section  1958.5 , (c)(1)(A)
·“TP-934 Test  Procedure  for Determining  Evaporative  Emissions  from  Model  Year  2028  
and Subsequent  On-Road  Motorcycles,”  adopted  [INSERT  ADOPTION  DATE],  State  of 
California,  Air Resources  Board , in section  1976 , (c)(4)
·“California  2026  and Subsequent  Model  Year  Criteria  Pollutant  Exhaust  Emission  
Standards  and Test  Procedures  for Passenger  Cars,  Light -Duty  Trucks,  and Medium -Duty  
Vehicles,”  adopted  August  25, 2022,  California  Environmental  Protection  Agency,  Air 
Resources  Board,  in section  1958.2,  (c)(1)(A)(1.)
·"California  Evaporative  Emission  Standards  and Test  Procedures  for 2001  through  2025  
Model  Year  Passenger  Cars,  Light -Duty  Trucks,  Medium -Duty  Vehicles,  and Heavy -Duty  
Vehicles  and 2001  through  2027  Model  Year  Motorcycles,"  adopted  August  5, 1999,  
amended  [INSERT  DATE],  State  of California,  Air Resources  Board,  in section  1976,  (c)(2)
The following  documents  are incorporated  by reference  in the "California  2028  and 
Subsequent  Model  Year  Exhaust  Emission  Standards  and Test  Procedures  for On-Road  
Motorcycles”:
·“California  2026  and Subsequent  Model  Year  Criteria  Pollutant  Exhaust  Emission  
Standards  and Test  Procedures  for Passenger  Cars,  Light -Duty  Trucks,  and Medium -Duty  
Vehicles,”  adopted  August  25, 2022,  California  Environmental  Protection  Agency,  Air 
Resources  Board
·“TP-934 Test  Procedure  for Determining  Evaporative  Emissions  from  Model  Year  2028  
and Subsequent  On-Road  Motorcycles,”  adopted  [INSERT  ADOPTION  DATE] , State  of 
California,  Air Resources  Board
·The following  sections  of Subparts  E and F, Part 86, Title  40, CFR,  as adopted  or as last 
amended  on the date s shown  below
oSubpart  E, Part 86, Title  40, CFR
§§ 86.401 -2006 , January  15, 2004
§§ 86.402 -78, October  25, 2016
§§ 86.402 -98, January  15, 2004
§§ 86.403 -78, October  30, 2009
§§ 86.404 -78, January  5, 1977
§§ 86.405 -78, January  5, 1977
§§ 86.406 -78, March  11, 1998
§§ 86.407 -78, January  15, 2004§§ 86.408 -78, June  29, 2021
§§ 86.409 -78, January  5, 1977
§§ 86.410 -90, September  21, 1994
§§ 86.410 -2006 , October  25, 2016
§§ 86.411 -78, January  5, 1977
§§ 86.412 -78, January  5, 1977
§§ 86.413 -2006 , July 13, 2005
§§ 86.414 -78, January  5, 1977
§§ 86.415 -78, April  30, 2010
§§ 86.416 -80, August  30, 2006
§§ 86.417 -78, January  5, 1977
§§ 86.418 -78, January  5, 1977
§§ 86.419 -2006 , June  29, 2021
§§ 86.420 -78, August  17, 1979
§§ 86.421 -78, January  5, 1977
§§ 86.422 -78, January  5, 1977
§§ 86.423 -78, December  10, 1984
§§ 86.425 -78, January  5, 1977
§§ 86.426 -78, October  28, 1977
§§ 86.427 -78, June  29, 2021
§§ 86.428 -80, January  5, 1977
§§ 86.429 -78, January  5, 1977
§§ 86.430 -78, December  10, 1984
§§ 86.431 -78, October  30, 2009
§§ 86.432 -78, October  25, 2016
§§ 86.434 -78, December  10, 1984
§§ 86.435 -78, June  29, 2021
§§ 86.436 -78, June  29, 2021
§§ 86.437 -78, August  30, 2006§§ 86.438 -78, January  5, 1977
§§ 86.439 -78, December  10, 1984
§§ 86.440 -78, December  10, 1984
§§ 86.441 -78, January  5, 1977
§§ 86.442 -78, October  28, 1977
§§ 86.443 -78, October  25, 2016
§§ 86.444 -78, October  25, 2016
§§ 86.445 -2006 , January  15, 2004
§§ 86.446 -2006 , January  15, 2004
§§ 86.447 -2006 , July 13, 2005
§§ 86.448 -2006 , July 13, 2005
§§ 86.449 , January  15, 2004
§§ 86.450 , January  24, 2023
oSubpart  F, Part 86, Title  40, CFR
§§ 86.501 -78, January  5, 1977
§§ 86.502 -78, January  5, 1977
§§ 86.503 -78, January  5, 1977
§§ 86.504 -78, January  5, 1977
§§ 86.505 -2004,  January  15, 2004
§§ 86.508 -78, October  28, 1977
§§ 86.509 -90, June  30, 1995
§§ 86.511 -90, April  11, 1989
§§ 86.513,  June  29, 2021
§§ 86.514 -78, June  30, 1995
§§ 86.515 -78, April  28, 2014
§§ 86.516 -90, June  30, 1995
§§ 86.518 -78, March  11, 1998
§§ 86.519 -90, June  30, 1995
§§ 86.521 -90, June  30, 1995§§ 86.522 -78, January  5, 1977
§§ 86.523 -78, June  30, 1995
§§ 86.524 -78, January  5, 1977
§§ 86.526 -90, April  11, 1989
§§ 86.527 -90, June  30, 1995
§§ 86.528 -78, January  5, 1977
§§ 86.529 -98, February  19, 2015
§§ 86.530 -78, January  5, 1977
§§ 86.531 -78, June  29, 2021
§§ 86.532 -78, January  5, 1977
§§ 86.535 -90, April  11, 1989
§§ 86.536 -78, January  5, 1977
§§ 86.537 -90, June  30, 1995
§§ 86.540 -90, June  30, 1995
§§ 86.542 -90, June  30, 1995
§§ 86.544 -90, October  25, 2016
·“Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  of 15 
January  2013  on the approval  and market  surveillance  of two- or three -wheel  vehicles  
and quadricycles,  02013R0168  – EN – 14.11.2020 ”
·“Commission  Delegated  Regulation  No 134/2014  of 16 December  2013  supplementing  
Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  with  regard  
to environmental  and propulsion  unit performance  requirements  and amending  Annex  V 
thereof,  02014R0134  – EN – 20.03.2018 ”
·“Commission  Implementing  Regulation  (EU)  No 901/2014  of 18 July 2014  Implementing  
Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  with  regard  
to the administrative  requirements  for the approval  and market  surveillance  of two- or 
three -wheel  vehicles  and quadricycles,  02014R0901  – EN – 12.03.2020 ”
The following  documents  are incorporated  by reference  in “TP-934 Test  Procedure  for 
Determining  Evaporative  Emissions  from  Model  Year  2028  and Subsequent  On-Road  
Motorcycles”:
·“California  2026  and Subsequent  Model  Year  Criteria  Pollutant  Exhaust  Emission  
Standards  and Test  Procedures  for Passenger  Cars,  Light -Duty  Trucks,  and Medium -DutyVehicles,”  adopted  August  25, 2022,  California  Environmental  Protection  Agency,  Air 
Resources  Board
·“California  2015  through  2025  Model  Year  Criteria  Pollutant  Exhaust  Emission  Standards  
and Test  Procedures  and 2017  and Subsequent  Model  Year  Greenhouse  Gas Exhaust  
Emission  Standards  and Test  Procedures  for Passenger  Cars,  Light -Duty  Trucks,  and 
Medium -Duty  Vehicles ,” adopted  March  22, 2012,  amended  August  25, 2022,  California  
Environmental  Protection  Agency,  Air Resources  Board
·“Small  Off-Road  Engine  Evaporative  Emissions  Test  Procedure  TP-901 Test  Procedure  for 
Determining  Permeation  Emissions  from  Small  Off-Road  Engine  Fuel  Tanks,”  adopted  
July 26, 2004,  amended  May  6, 2019 , California  Environmental  Protection  Agency,  Air 
Resources  Board
·"California  Evaporative  Emission  Standards  and Test  Procedures  for 2001  through  2025  
Model  Year  Passenger  Cars,  Light -Duty  Trucks,  Medium -Duty  Vehicles,  and Heavy -Duty  
Vehicles  and 2001 through  2027  Model  Year  Motorcycles ," adopted  August  5, 1999 , 
amended  [INSERT  DATE],  State  of California , Air Resources  Board,
·“Commission  Delegated  Regulation  No 134/2014  of 16 December  2013  supplementing  
Regulation  (EU)  No 168/2013  of the European  Parliament  and of the Council  with  regard  
to environmental  and propulsion  unit performance  requirements  and amending  Annex  V 
thereof,  02014R0134  – EN – 20.03.2018 ”
·Japanese  Standards  Association.  “Japanese  Industrial  Standard.  JIS Z 8901: 1995  – Test  
Powders  and Test  Particles, ” published  June  2001
·Title  40, CFR,  Part 86, sections :86.107 -96 (April 28, 2014 ), 86.108 -00 (October  22, 
1996 ), 86.130 -96 (June  29, 2021 ), 86.133 -96 (Aug ust 23, 1995 ), 86.138 -96 (April 30, 
2010 ), 86.143 -96 (January  24, 2023 ), 86.508 -78 (October  28, 1977 ), and 86.515-78 (April 
28, 2014 )
·Title  40, CFR , Part 1051 , section : 1051.515  (January  24, 2023 )
·Title  40, CFR , Part 1060, section : 1060.520  (January  24, 2023 )
·Title  40, CFR,  Part 1066,  sections :1066.210  (June  29, 2021 ), 1066.925  (April  28, 2014),  
1066.955  (April  28, 2014),  and 1066.965  (April  28, 2014)
Background  and Effect  of the Proposed  Regulatory  Action:
The California  2020  Mobile  Source  Strategy  shows  mobile  sources , including  ONMCs  
contribute  a significant  amount  of smog -forming  NOx  and the largest  portion  of 
greenhouse  gas (GHG ) emissions  in California.4While  ONMCs  are a small  portion  of on-
road  emissions,  they  are a disproportionately  large  contributor  of non-GHG  emissions.
4CARB,  2020  Mobile  Source  Strategy.   October  28, 2021.Statewide  ONMCs  account  for 0.4% of vehicle  miles  traveled  (VMT)  of all on-road  sources,  
yet they  contribute  0.6% of oxides  of nitrogen  (NOx ), 6.3% of reactive  organic  gases  (ROG ), 
and 3.6% of carbon  monoxide  (CO). Without  action,  ONMC  emissions  will continue  to grow  
in relation  to emissions  from  other  mobile  sources  that are subject  to increasingly  stringent  
emissions  control  requirements , including  zero -emission  vehicle  requirements . The 
Proposed  Regulatory  Action  is a draft  measure  in the 2022  State  Strategy  for the State  
Implementation  Plan  (SIP)  and a significant  part of CARB’s  comprehensive  effort  to meet  air 
quality  standards.5
The Proposed  Regulatory  Action  would  create  a legally  binding  framework  to significantly  
transition  toward  zero -emission  motorcycle  (ZEM ) ONMC  sales  in California  while  also 
reducing  emissions  from  remaining  internal  combustion -powered  vehicle  sales  by greatly  
harmonizing  with  more  stringent  European  Union  5 (Euro  5) exhaust  emissions  standards,  
imposing  more  stringent  evaporative  emissions  standards,  and adopting  additional  on-
board  diagnostic  (OBD)  requirements  beyond  Euro  5. Further,  new  ONMCs  sales  that are 
under  50 cubic  centimeters  (cc) of engine  displacement  will be required  to be fully 
transitioned  to ZEMs  by 2028.  The proposal  will drive  the sales  of ZEMs  to 50 percent  in 
California  by the 2035  model  year,  thereby  reducing  GHG  and smog  forming  emissions,  
while  also reducing  smog -forming  emissions  from  newer  internal  combustion  engine  (ICE)  
motorcycles.  Doing  so is critical  to meeting  California’s  public  health  goals,  including  its 
climate  and state  and federal  air quality  targets.  This is because  mobile  sources  are the 
greatest  contributor  to emissions  of criteria  pollutants  and GHG  in California,  accounting  for 
about  80% of ozone  precursor  emissions  (e.g.,  NOx)  and approximately  40% of statewide  
GHG  emissions,  when  accounting  for transportation  fuel production  and delivery.6In 2020  
ONMCs  accounted  for a disproportionately  high  2.6% of all NOx  and ROG  (NOx  + ROG)  
emitted  from  mobile  sources  in California  while  only  accounting  for 0.4% of VMT.  NOx  is a 
precursor  to ozone  and secondary  particulate  matter  (PM) formation.  Exposure  to ozone  
and PM2.5  is associated  with  increased  premature  death,  hospitalizations,  visits  to doctors,  
use of medication,  and emergency  room  visits  due to exacerbation  of chronic  heart  and 
lung  diseases  and other  adverse  health  conditions.
Objectives  and Benefits  of the Proposed  Regulatory  Action:
The objective  of the Proposed  Regulatory  Action  is to transition  new  ONMCs  sold  in 
California  significantly  toward  ZEMs  while  also providing  cleaner  gasoline -powered  ONMC  
options  to consumers  in order  to provide  much  needed  emissions  reductions  to the state  of 
California  addressing  the goals  of the 2022  SIP Strategy  and Governor  Gavin  Newsom’s  
Executive  Order  N-79-20 requiring  more  ZEM  sales  of on-road  vehicles.
Staff’s  proposal  aims  to curb  emissions  through  increased  ONMC  program  stringency,  
requirements  to ensure  emissions  are reduced  under  real-world  operating  conditions  that
5  CARB,  Draft  2022  State  Strategy  for the State  Implementation  Plan  January  31, 2022.
6CARB,  2020  Mobile  Source  Strategy.  2021.are not adequately  addressed  by existing  test procedures,  and by transition  to ZEM s 
beginning  with  the 2035  model  year .
Staff’s  proposal  builds  upon  many  decades  of CARB  regulations  seeking  to reduce  
emissions  from  ONMCs.  Transitioning  to zero -emission  technology  for every  on- and off-
road  mobile  sector  is essential  for meeting  near  and long -term  emission  reduction  goals  
mandated  by statute,  with  regard  to both  ambient  air quality  and climate  requirements.  This 
has been  affirmed  by every  planning  document  released  by CARB  in the last 10 years.  Not 
only  is zero -emission  technology  needed  to reduce  smog -forming  emissions  from  mobile  
sources,  it is also the key strategy  for reducing  GHGs .
The Proposed  Regulatory  Action  would  require  new  vehicle  sales  of ZEMs  and reduce  
emissions  from  the remaining  new  internal  combustion  ONMCs  sold.  Increased  use of ZEMs  
penetrating  the California  fleet  will reduce  emissions  from  every  stage  of the use of 
conventional  combustion  fuels  for transportation.  These  are upstream  emissions  from  
petroleum  extraction,  transportation,  refining,  and distribution,  called  well-to-tank  (WTT),  
and downstream,  or tank -to-wheel  (TTW)  vehicle  emissions  from  tailpipes  and evap orative  
emissions  from  fuel systems.  Together,  these  emissions  are called  well-to-wheel,  or WTW.
Transitioning  new  ONMC  sales  to zero  emission  will produce  real public  benefits.  By 2040,  
the proposal  will result  in approximately  281,554 cumulative  ZEMs  sold  statewide  over  
baseline.  From  this, staff  expects  a reduction  in cumulative  carbon  dioxide  (CO2)  emissions  
by an estimated  0.58 million  metric  tons  (MMT)  relative  to the baseline  by 2045. The 
cumulative  total  emissions  reductions  by 2045 are estimated  to be 16,536  tons  of ROG,  
4,805  tons  of NOx,  and 28 tons  of fine particulate  matter  (PM2.5)  relative  to the baseline  
leading  to an estimated  42 lives  saved  and other  avoided  hospital  visits.  These  estimates  
account  for only  downstream  (TTW)  emissions,  and any additional  reduction  in upstream  
emissions  (WTT)  will increase  overall  benefits  of the Proposed  Regulatory  Action.  ZEMs  are 
currently  more  expensive  than  the comparable  equivalent  internal  combustion  motorcycle.  
However,  for the individual  vehicle  owner,  operational  savings  from  ZEM  use will offset  any 
incremental  costs  over  time  as described  later  under  direct  costs.  The incremental  cost 
difference  of ZEMs  compared  to gasoline -powered  internal  combustion  vehicles  is 
expected  to decrease  over  time  as zero  emission  technologies  reach  economies  of scale.  
Staff  estimates  that by the 2036  model  year,  it is expected  that operational  savings  of a ZEM  
would  offset  the higher  retail  cost difference  in less than  ten years  of ownership.
Comparable  Federal  Regulations:
The Proposed  Regulatory  Action  address es two aspects  of motor  vehicle  emissions,  one for 
exhaust  and evaporative  emissions  from  gasoline -powered  motorcycles  and another  for 
ZEMs . There  are no comparable  federal  ZEM  regulations,  and the regulations  for gasoline -
powered  motorcycles  do not duplicate  or conflict  with  federal  regulations  that address  the 
same  issues.  To the extent  they  are different  from  existing  federal  regulations  they  are 
authorized  by law and are justified  by their  substantial  additional  benefits  to human  health,public  welfare,  and the environment  described  throughout  this Notice,  the Staff  Report:  
Initial  Statement  of Reasons  (ISOR) , and other  supporting  material.
Currently,  California’s7and the U.S. Environmental  Protection  Agency’s  (U.S.  EPA)8
motorcycle  exhaust  emission  standards  and test procedures  have  largely  been  harmonized,  
to enable  the regulated  industry  to design  and produce  a single  product  line of vehicles  that 
can be certified  to both  U.S. EPA and CARB  emission  standards  and sold  in all 50 states.  
However,  as discussed  in Section  B of the ISOR,  California  needs  additional  reductions  of 
smog -forming  pollutants  in order  to meet  federal  ambient  air quality  standards . The 
proposed  regulation  would  reduce  emission  from  motorcycles  by imposing  more  stringent  
evaporative  and exhaust  emissions  limits  and test procedures  for gasoline -powered  
motorcycles  and requiring  an increasing  percentage  of ZEMs as a portion  of the overall  
statewide  motorcycle  sales  between  model  years  2028 and 2035, reach ing 50% ZEMs in 
2035  and beyond.
CARB  has authority  under  state  and federal  law to set California’s  own  standards  to reduce  
emissions  from  motor  vehicles  to meet  federal  and state  ambient  air quality  standards.  It 
also has authority  to require  additional  and separate  reporting  than  required  under  federal  
law. California  has plenary  authority  under  the state  and federal  constitutions  to protect  
public  health  and welfare.  The California  Health  and Safety  Code  directs  CARB  to exercise  
this authority  to reduce  and eliminate  harmful  emissions  from  motor  vehicles.  These  
statutory  obligations  are identified  in the authority  citations  for the Proposed  Regulatory  
Action . The federal  Clean  Air Act directs  the Administrator  of the U.S. EPA to waive  federal  
preemption  of California’s  motor  vehicle  emission  standards  when  they  meet  the listed  
criteria,  which  have  been  met here.  As shown  in this notice  and accompanying  ISOR  and 
analyses,  the cost  of the state  regulations  is justified  by the benefit  to human  health,  public  
welfare,  and the environment.  The Proposed  Regulatory  Action  will provide  significant  
benefits  for all these  factors.  They  will reduce  emissions  harmful  to human  health  and the 
environment.  The value  of the benefits  outweighs  the costs,  and the regulations  will reduce  
overall  costs  for transportation.  These  improvements  and savings  will improve  the public  
welfare .
The Proposed  Regulatory  Action  will control  emissions  of criteria  pollutants  from  the exhaust  
and fuel systems  of motorcycles  starting  with  model  year  2028.  They  are more  stringent  than  
the existing  federal  standards  for the same  pollutants  that were  set by the U.S. EPA.9Thus,  
vehicles  that comply  with  CARB’s  proposed  standards  will comply  with  federal  emission  
standards.  This does  not present  a conflict  with  federal  regulations  because  CARB’s  
standards  may  be more  stringent  than  federal  standards,  under  a provision  in the Clean  Air
7Cal. Code  Regs.  tit. 13, CCR,  §1958 .
840 CFR  Subparts  E and F, Part 86.
940 CFR  § 86.410 -2006 .Act that direct s U.S. EPA to waive  federal  preemption  of California’s  motor  vehicle  emission  
standards  except  under  limited  circumstances  not present  here.10
An Evaluation  of Inconsistency  or Incompatibility  with  Existing  State  
Regulations  (Gov.  Code,  § 11346.5,  subd.  (a)(3)(D)):
During  the process  of developing  the proposed  regulatory  action,  CARB  conducted  a 
search  of any similar  regulations  on this topic  and concluded  these  regulations  are neither  
inconsistent  nor incompatible  with  existing  state  regulations.  They  build  upon,  amend,  and 
further  existing  state  regulations  of the same  emission  sources  to reduce  emissions  beyond  
existing  regulations.
Mandated  by Federal  Law  or Regulations  (Gov.  Code,  §§ 11346.2,  
subd.  (c), 11346.9)
Not applicable .
Other  Statutory  Requirements  (Gov.  Code,  § 11346.5  subd.  (a)(4))
None .
Disclosure Regarding the Proposed Regulat ory Action
Fiscal  Impact/Local  Mandate  Determination  Regarding  the Proposed  
Regulatory  Action  (Gov.  Code,  § 11346.5,  subds.  (a)(5)&(6)):
The determinations  of the Board's  Executive  Officer  concerning  the costs  or savings  
incurred  by public  agencies  and private  persons  and businesses  in reasonable  compliance  
with  the Proposed  Regulatory  Action  are presented  below.
Under  Government  Code  sections  11346.5,  subdivision  (a)(5)  and 11346.5,  
subdivision  (a)(6),  the Executive  Officer  has determined  that the Proposed  Regulatory  
Action , through  the purchase  of new  motorcycles  meeting  the proposed  standards,  would  
create  costs  or savings  to any State  agency  (although  not in the current  fiscal  year) , would  
not create  costs  or savings  in federal  funding  to the State,  and would  create  costs  or 
mandate  to any local  agency  or school  district  (although  not in the current  fiscal  year) , 
whether  or not reimbursable  by the State  under  Government  Code,  title 2, division  4, part 7 
(commencing  with  section  17500),  or other  nondiscretionary  cost or savings  to State  or local  
agencies.
10Clean  Air Act, § 209(b) ; 42 U.S.C.  § 7543(b) .Cost  to any Local  Agency  or School  District  Requiring  Reimbursement  under  section  
17500  et seq.:
The costs  of the regulation,  as passed  through  to local  government  through  the purchase  of 
new  motorcycles , are not reimbursable  by the State  pursuant  to Government  Code,  title 2, 
division  4, part 7 (commencing  with  section  17500)  for several  reasons.  To the extent  they  
impose  costs  at the time  of purchase,  the proposed  regulations  apply  generally  to private  
and public  entities,  so they  do not impose  unique  new  requirements  on the state  and local  
agencies  and are not a reimbursable  mandate.  Further , they  do not mandate  a new  
program  or a higher  level  of service  of an existing  program  on local  agencies  or school  
districts.  Public  agencies  are not required  by the regulation  to purchase  new  motorcycles . 
They  do so at their  own  option.  Therefore,  the Proposed  Regulatory  Action  does  not impose  
“costs  mandated  by the state”  under  section  17514  of the California  Government  Code.  
Costs  are also not reimbursable  when  they  may  be fully financed  by local  agencies  raising  
their  own  fees.  Local  government  may  raise  fees,  if needed,  to address  the costs  of this 
regulation.  Therefore,  this is not a reimbursable  mandate.
The State,  counties,  and cities  could  see some  changes  to revenue  due to the Proposed  
Regulatory  Action . Many  cities  and counties  in California  levy a Utility  Users  Tax on 
electricity.  By increasing  the amount  of electricity  used,  there  will be an increase  in the 
amount  of utility  user  tax revenue  collected.  Fuel  taxes  on gasoline  fund  transportation  
improvements  at the State,  county,  and local  levels.  Displacing  gasoline  fuel with  electricity  
will decrease  the amount  of gasoline  dispensed  in the State,  resulting  in a reduction  in fuel 
tax revenue.
Cost  or Savings  for State  Agencies:
From  2028 to 2045, the net cumulative  impact  of the Proposed  Regulatory  Action  to State  
Agencies  is a net gain  of $2.7 million.  This consists  of $3.0 million  increase  in revenue  driven  
mainly  by increased  retail  sales  tax and registration  of ZEM  ONMCs  due to higher  earlier  
cost different ials with  ICE ONMC . There  is a minor  net offset  in State  ONMC  fleet  costs  of 
$226 thousand.
Other  Non -Discretionary  Costs  or Savings  on Local  Agencies:
From  2028 to 2040,  the net impact  of the Proposed  Regulatory  Action  on local  government  
is a cumulative  net cost of $2.7 million.  This is primarily  driven  by a net decrease  in revenue  
of $1.3 million  mostly  from  local  vehicle  sales  tax of ZEM  ONMCs  due to higher  earlier  cost 
differentials  with  ICE ONMC  along  with  an increase  in local  government  fleet  costs  of $1.4 
million.
Housing  Costs  (Gov.  Code,  § 11346.5,  subd.  (a)(12)):
The Executive  Officer  has also made  the initial  determination  that the Proposed  Regulatory  
Action  will not have  a significant  effect  on housing  costs.Significant  Statewide  Adverse  Economic  Impact  Directly  Affecting  
Business,  Including  Ability  to Compete  (Gov.  Code,  §§ 11346.3,  
subd.  (a), 11346.5,  subd.  (a)(7),  11346.5,  subd.  (a)(8)):
The Executive  Officer  has made  an initial  determination  that the Proposed  Regulatory  Action  
would  not have  a significant  statewide  adverse  economic  impact  directly  affecting  
businesses,  including  the ability  of California  businesses  to compete  with  businesses  in 
other  states,  or on representative  private  persons.  It is anticipated  the industries  that 
manufacture  ZEMs  and related  components  will grow  in California  under  the proposal.  
While  staff  is not aware  of any evidence  of the extent  to which  this is occurring  under  
existing  requirements,  automakers  that are already  producing  ZEMs  may  have  an advantage  
in growing  market  share  over  manufacturers  that have  not yet come  to market  with  a widely  
available  product.  Though  some  consumers  may  be holding  out for a specific  
manufacturer’s  product,  many  consumers  will purchase  products  that have  wide  distribution  
networks.  As the ZEM  sales  requirement  becomes  more  stringent,  this advantage  may  
decline  as every  ONMC  maker  invests  in ZEM  technology  and products  at a wide  scale.
Major  Regulation:  Statement  of the Results  of the Standardized  
Regulatory  Impact  Analysis  (SRIA)  (Gov. Code,  § 11346.3,  subd.  (c)):
In July 2022,  CARB  submitted  a Standardized  Regulatory  Impact  Analysis  (SRIA)  to the 
Department  of Finance  (DOF)  for its review.  CARB  has updated  several  aspects  of the 
proposal  since  the original  submittal.  The revisions  are discussed  below  and in the ISOR,  
Appendix  C.
(A) The creation  or elimination  of jobs  within  the state.  
The Proposed  Regulatory  Action  is estimated  to have  a marginally  negative  impact  on 
statewide  employment  starting  2028. The negative  impact  increases  overtime  as the 
proposal  becomes  more  stringent.  The results  suggest  that the estimated  negative  
employment  impact  primarily  results  from  the increased  in upfront  vehicle  costs  and 
changes  in consumer  spending  induced  by the proposal;  as more  is expended  on new  
vehicles,  consumers  will spend  less on other  goods  and services  within  the economy.  
Overall,  the change  in total  employment  is anticipated  to be small,  relative  to the baseline  
employment  for the California  economy.  The average  annual  job loss estimated  to be 
caused  by the Proposal  is approximately  334.  
(B) The creation  of new  businesses  or the elimination  of existing  businesses  within  the 
state.  
The Proposal  does  not directly  result  in business  creation  or elimination  and the Regional  
Economic  Models,  Inc. (REMI ) model  cannot  directly  estimate  the creation  or elimination  of 
businesses.  However,  changes  in the jobs  and output  for California  can be used  to 
understand  some  of the potential  impacts.  Reductions  in output  could  indicate  elimination  of businesses.  Conversely,  increased  output  within  an industry  could  signal  the potential  for 
additional  business  creation  if existing  businesses  cannot  accommodate  all future  demand.  
There  is no threshold  that identifies  the creation  or elimination  of business.
The trend  of increasing  demand  for electricity  in the electric  power  sector  sees  slight  
increases  in sales  starting  from  2033,  but its services  are provided  primarily  by existing  
utilities.  New  utilities  are not expected  to be created  to meet  this relatively  small  increased  
demand.  The decreasing  trend  in demand  for gasoline  has only  slight  potential  to result  in 
the elimination  of businesses  in this industry  and downstream  industries,  such  as gasoline  
stations  and vehicle  repair  businesses,  as ONMCs  are a very  small  portion  of on-road  
gasoline  consuming  vehicles.  As described  above,  the vehicle  repair  and maintenance  
service  industry  is estimated  to see negative  impacts  as ZEMs  become  a greater  portion  of 
the ONMC  fleet.  This trend  would  suggest  that the number  of businesses  providing  the 
services  may  decrease  along  with  the reduced  demand.
(C) The competitive  advantages  or disadvantages  for businesses  currently  doing  
business  within  the state.
Staff  analysis  of the California  Department  of Motor  Vehicle  (DMV ) database  through  model  
year  2020  found  the approximate  number  of ONMC  manufacturers  that would  have  to meet  
ZEM  sales  requirements,  which  is the most  substantial  burden  of the regulation,  to be 13 
based  upon  manufacturers  exceeding  minimum  threshold  new  sales  of 750 ONMCs.  ZEM  
only  manufacturers  are not affected  negatively  by the proposal  as they  are not required  to 
participate  but may  choose  to participate  for the purpose  of selling  ZEM  credits  
corresponding  to California  sales  of their  ZEMs.  Of all these  ONMC  manufacturers,  staff  is 
only  aware  one ZEM  manufacturer  that is located  within  California.
(D) The increase  or decrease  of investment  in the state.
Private  domestic  investment  consists  of purchases  of residential  and nonresidential  
structures  and of equipment  and software  by private  businesses  and nonprofit  institutions.  It 
is used  as a proxy  for impacts  on investments  in California  because  it provides  an indicator  
of the future  productive  capacity  of the economy.  The relative  changes  to growth  in private  
investment  for the proposal  show  a decreasing  trend.  The highest  decrease  is estimated  to 
be about  $28 million  in both 2034 and 2035 . In any given  year this represents  changes  of no 
larger  than  0.004 % of baseline  investment.
(E) The incentives  for innovation  in products,  materials,  or processes.
The Proposed  Regulatory  Action  will further reduce emissions from ONMCs operating in 
California by harmonizing the exhaust requirements and the OBD system with the Euro 5 
standard. In addition, the proposal will introduce new CARB evaporative emissions testing 
standards and require the phase -in of ZEMs. CARB will lead in developing new cutting -edge 
evaporative emissions testing standards under the proposal. The ZEM certification and 
quality assurance requirements and the tradeable credit program under the proposal will 
provide flexibilities and give manufacturers the incentive to innovate and identify lower cost strategies for achieving the ZEM sales requirement. Innovations leading to lower cost ZEM 
models likely will result in increased sales within the mass market. In addition, manufacturers 
are incentivized to innovate and bring ZEM models to secure their plac e in the growing ZEM 
segment in California.
(F) The benefits  of the regulations,  including,  but not limited  to, benefits  to the health,  
safety,  and welfare  of California  residents,  worker  safety,  and the state's  
environment  and quality  of life, among  any other  benefits  identified  by the agency.
Gasoline -powered  ICE ONMCs  emit  harmful  pollutants,  which  this proposal  would  help  to 
reduce  or eliminate.  These  pollutants  include  NOx  and PM2.5 . ROG  and NOx  are precursors  
to ozone  and secondary  PM formation.  Exposure  to ozone  and to PM2.5,  which  are 
inhalable  particles  with  diameters  that are generally  2.5 micrometers  and smaller,  is 
associated  with  increases  in premature  death,  hospitalizations,  visits  to doctors,  use of 
prescription  medication,  and emergency  room  visits  due to exacerbation  of chronic  heart  
and lung  diseases  and other  adverse  health  conditions.  California’s  South  Coast  air basin  
has the highest  ozone  pollution  levels  in the nation.  The San Joaquin  Valley  has some  of the 
highest  levels  of PM2.5  in the nation.  Reducing  this pollution  would  benefit  Californians  by 
reducing  emergency  room  and doctor’s  office  visits  for asthma,  hospitalizations  for heart  
diseases,  and premature  deaths.  This in turn would  result  in reduced  asthma -related  school  
absences,  sick days  off from  work,  health  care  costs  and increased  economic  productivity.
(G) Department  of Finance  comments  and responses.
As required  by Government  Code  section  11346.5,  subdivision  (a)(10),  CARB  has prepared  
responses  to the comments  of DOF  on the SRIA  for the Proposed  Regulatory  Action .
The California Air Resources Board (CARB) responds as follows to the comments of the 
Department of Finance (DOF) on the Standardized Regulatory Impacts Analysis (SRIA) 
prepared for the proposed regulations, as required by Government Code section 11346.5, 
subdivision (a)(10).
DOF Comment:
The SRIA assumes that charging infrastructure will accelerate as the private sector continues 
its rollout of zero -emission vehicles. However, slower adoption of charging infrastructure 
may hinder consumers’ willingness to purchase zero emission vehicles (ZEVs) and faster 
adoption may accelerate the rate at which benefits are realized. The SRIA should i nclude a 
sensitivity analysis to show how impacts may vary under different infrastructure adoption 
scenarios or justify the current adoption rate assumptions.
Staff Response :
Because zero emission motorcycles (ZEMs) have smaller batteries and different rider 
demands than other ZEVs, the charging needs are different than they are for ZEVs. Staff has 
characterized riders into two different cohorts based upon usage: recreational a nd 
nonrecreational riders. For nonrecreational riders who are commuting short distances back and forth to work and running errands within the city, battery sizes are more than adequate 
to cover the riding in a typical day, with ranges easily exceeding 100 miles. Many of these 
ZEMs can easily access existing level 1 level 2 charging. In fact, the s mall size of ZEMs and 
their batteries makes them more amenable to parking inside a home or garage to access 
ubiquitous level 1 charging. Further, in many cases these batteries are small enough to 
remove from the ZEM. We are seeing some manufacturers specif ically design around this 
for the purpose of charging the battery off of  the vehicle, making these much more 
amenable to overnight charging for people who otherwise might have a hard time charging 
a vehicle, such as apartment residents. Therefore, for this type of rider, staff anticipates very 
little impact from limited availa bility of public charging stations.
However, for recreational riders, access to public chargers in remote areas capable of fast 
charging is critically important for public adoption of ZEM technology. Recreational riders 
represent a very large portion of the on -road motorcycle (ONMC) market a s shown in a 
2011 survey by the Institute for Social Research at California State University Sacramento 
(CSUS) in which they found that 56 percent of riders characterized their riding as 
recreational only and an additional 34 percent characterized their ri ding as both 
recreational and commuting.1  Recreational riders include riders who do their riding as 
touring over long distances in remote areas, riders who prefer the aesthetics of classic 
ONMC designs with pronounced exhaust features, and riders who prefer the performance 
characteristics of ICE ONMCs. Often recreational riding is done at freeway speeds which 
coincides with the most restricted range of ZEMs, currently less than 100 miles. This limited 
freeway speed range is most constraining when riding in  remote areas with limited ability 
for ZEM riders to recharge their vehicles as charge times may take as much as two hours 
under level 2 charging conditions. Level 3 charging capability might address some of this 
need, but currently level 3 charging is not  offered on most ZEMs  and level 3 charging 
stations are much less common than level 1 and 2 charging stations. Although there are 
many ZEM offerings available that can satisfy many rider’s needs for city riding and 
commuting, ultimately it is a challenge f or ZEM manufacturers to meet the wide range of 
recreational rider’s needs and desires. If many riders are left with no new ONMC purchase 
options in California to satisfy their needs, they may ultimately be pushed to buy higher 
emitting used ONMCs from out of state, with the net effect of bringing more emissions into 
California while at the same time hurting the California economy by driving sales to other 
states. The Proposal ultimately tries to address this problem by allowing for a sales mix of 
ZEMs and s tate-of-the-art low emitting ICE ONMCs that can satisfy all riders needs and 
desires.
In either case of recreational and nonrecreational riders, it is unlikely that simply increasing 
the number of charging stations will have much impact on ZEM ridership.
DOF Comment:
The regulation is implementing a voluntary tradeable ZEM credit program to incentivize 
manufacturers to begin early compliance with the target ZEM sales. The SRIA must disclose 
any administrative costs that may be incurred from tracking the generation or trading of 
ZEM credits or clarify why there is no expected change in administrative costs to implement 
and trac k the program.Staff Response :
It is assumed that Staff will shift responsibilities coinciding with shifting the statewide ONMC 
fleet away from ICE and towards electric. Therefore, it is not likely that additional staff will be 
needed for this Proposal. Further, because the number of pa rticipants holding ZEM credits 
is limited to a small number of manufacturers, likely less than 20 when considering both ICE 
and ZEM manufacturers, staff does not anticipate tracking ZEM credits will be very 
burdensome.
DOF Comment:
The SRIA must include comprehensive estimates of disparate impacts. Finance 
acknowledges the SRIA broadly discusses state and local government programs that will be 
impacted by the reduction in tax revenue. However, the SRIA currently reports statewide 
costs for state and local government but does not include estimates for any government 
program(s) that are expected to be disproportionately impacted. Similarly, some state 
and/or local agencies such as police motorcycle fleets, as mentioned in the SRIA, own a 
larger share of the government fleet, and are expected to bear a disproportionate share of 
the government ownership costs.
Staff Response :
There is not sufficient data to disaggregate effect  on local government. The only State -
owned fleet which Staff obtained information on was the California Highway Patrol (CHP), 
which staff was informed from CHP fleet management was just over 400 ONMCs. It is very 
unlikely that this fleet would be able to b e replaced by ZEMs due to range limitations of less 
than 100 miles at freeway speeds. As a rough approximation, the average estimated cost 
increase per ICE ONMC from 2028 to 2045 is approximately $285 per ONMC. Including 
sales tax, this is $310 per ONMC.   Because CHP currently prefers ICE ONMCs for range and 
performance issues, there would be no change in fueling and maintenance cost from their 
current fleet from current ICE ONMCs. If we assume that only 10 percent of the fleet is 
replaced every year (40 ON MC), the annualized cost would be approximately $12,404 to 
the CHP.
DOF Comment:
The SRIA does not discuss the potential disparate impacts of mandating incrementally 
higher -priced vehicles and the consequent need for electrical charging on lower income 
individuals or the potential for higher used motorcycle prices as the more expensive  cleaner 
motorcycles cycle into the used motorcycle market and as the stock of cheaper conventional 
motorcycles is being gradually depleted.
Staff Response :
In the early years of the Proposal, ICE ONMCs would likely have modest price increases of 
several hundred dollars due to improved emissions control technology and ZEMs are 
expected to cost more than comparable ICE ONMCs. However, in the long run it is anticipated that consumers will experience a net savings due to falling battery prices along 
with fuel and maintenance savings.
Nonrecreational ZEM users, whose primary purpose is commuting and errands, will not 
likely be impacted by the number of available charging stations due to the ability of 
ubiquitous level 1 charging to satisfy most charging needs of these ZEM owners. Due to  the 
small size of the ZEMs and their batteries they are more amenable to parking inside a home 
or garage to access level 1 charging. Further, in many cases these batteries are small 
enough to remove from the ZEM for charging the battery off of  the vehicle , making these 
much more amenable to overnight charging for people who otherwise might have a hard 
time charging a vehicle, such as apartment residents.
For purchasers of used vehicles, the pool of used conventional ONMCs in California will not 
become completely depleted as this regulation only requires a maximum of 50 percent ZEM 
sales by 2035. The price of California used ICE ONMCs is expected to be chec ked by the 
availability of used ICE ONMCs sold in other nearby states, as no regulatory changes are 
expected in the near term for any of the other 49 states. Nothing prevents a California rider 
from purchasing and registering a used ONMC that continues to be sold in other states so 
long as they have at least 7,500 miles on them at the time of registration.
Business  Report  (Gov.  Code,  §§ 11346.5,  subd.  (a)(11);  11346.3,  
subd.  (d)):
In accordance  with  Government  Code  sections  11346.5,  subdivisions  (a)(11)  and 11346.3,  
subdivision  (d), the Executive  Officer  finds  the reporting  requirements  of the Proposed  
Regulatory  Action,  which  apply  to businesses , are necessary  for the health,  safety,  and 
welfare  of the people  of the State  of California.  Staff  does  not anticipate  the proposal  to 
result  in any additional  reporting  requirements  and manufacturers  already  must  report  for 
current  certification  requirements.  Any new  ZEM  reporting  requirements  will likely  displace  
some  current  ICE ONMC  reporting  requirements  as production  shifts.
Cost  Impacts  on Representative  Private  Persons  or Businesses  (Gov.  
Code,  § 11346.5,  subd.  (a)(9)):
In developing  this regulatory  proposal,  CARB  staff  evaluated  the potential  economic  
impacts  on representative  private  persons  or businesses.  These  impacts  are described  more  
fully in the accompanying  Economic  and Fiscal  Impact  Statement,  Form  399,  for the 
proposed  regulations.
ONMC  manufacturers  are the typical  large  businesses  that will be affected  by the proposal  
because  they  are entities  directly  regulated  and required  to comply.  The proposal  allows  for 
a gradual  ramp  up of costs  due to incremental  compliance  requirements  on ZEM  along  with  
early  adoption  multipliers  on ZEM  credits  and ZEM  credit  banking.
The proposal  will impose  a wide  range  of costs  on ONMC  manufacturers  depending  upon  
many  factors,  but most  prominently  on whether  they  are focused  on building  ZEMs  or ICE 
ONMCs  and whether  they  take  advantage  of building  Tier II and III ZEMs  in the early  years  ofthe regulation  where  the ZEM  credit  multipliers  are the highest,  as shown  in the 
“Background,  Specific  Proposal  Requirements ” section.  Further,  it should  also be noted  that 
manufacturers  who  only  make  ZEMs  have  no compliance  obligation  and only  must  certify  
with  CARB  for the purpose  of earning  tradeable  credits  if they  choose.
It is estimated  that there  are 13 manufacturers  that would  be subject  to ZEM  credit  
obligations  and increased  ICE ONMC  production  costs  associated  with  meeting  more  
stringent  exhaust  and evaporative  emissions  standards.  None  of these  13 subject  
manufacturers  are California  businesses.  Initially  in 2028, manufacturers  will experience  cost  
of less than  $0.4 million  due to only  needing  to comply  with  the initial  phase  in of ICE 
ONMC  requirements.  In 2028,  when  manufacturers  will have  compliance  requirements  for 
both  ZEM  and ICE ONMCs,  individual  manufacturers  will incur  an average  cost of $1.5 
million  annually  from  2028  to 2045. Upon  full ZEM  sales  compliance  requirements  of 50 
percent  in 2035,  the peak  compliance  cost  a manufacturer  will face  is estimated  at $2.4  
million.  No manufacturers  with  a compliance  requirement  are located  in California.  It is 
assumed  the direct  costs  imposed  on these  manufacturers  by the Proposed  Regulatory  
Action  would  be passed  on through  higher  vehicle  prices  to end-users  in California,  
although  much  of this will be offset  by fueling  and maintenance  savings.
Effect  on Small  Business  (Cal.  Code  Regs.,  tit. 1, § 4, subds.  (a) and 
(b)):
The Executive  Officer  has determined  under  California  Code  of Regulations,  title 1, section  
4, that the Proposed  Regulatory  Action  would  not affect  small  businesses.  It is assumed  that 
some  small  businesses  employing  motorcycles  and individuals  will experience  both  indirect  
costs  and savings  due to the regulation,  however,  the direct  impact  to these  entities  is zero.  
Some  small  businesses  employing  ZEMs  for delivery  and transport  would  experience  
increased  vehicle  prices  in the early  years  of the regulation  along  with  offsetting  decreased  
maintenance  and fuel savings  over  the life of the vehicle.
Consideration  of Alternatives  (Gov.  Code,  § 11346.5,  subd.  (a)(13)):
Before  taking  final  action  on the Proposed  Regulatory  Action , the Board  must  determine  
that no reasonable  alternative  considered  by the Board,  or that has otherwise  been  
identified  and brought  to the attention  of the Board,  would  be more  effective  in carrying  out 
the purpose  for which  the action  is proposed,  would  be as effective  and less burdensome  to 
affected  private  persons  than  the proposed  action,  or would  be more  cost-effective  to 
affected  private  persons  and equally  effective  in implementing  the statutory  policy  or other  
provisions  of law.
State Implementation Plan Revision
If adopted  by CARB,  CARB  plans  to submit  the Proposed  Regulatory  Action  to U.S. EPA for 
approval  as a revision  to the California  State  Implementation  Plan  (SIP)  required  by thefederal  Clean  Air Act (CAA).  The adopted  regulatory  action  would  be submitted  as a SIP 
revision  because  it adopts  regulations  intended  to reduce  emissions  of air pollutants  in 
order  to attain  and maintain  the National  Ambient  Air Quality  Standards  promulgated  by 
U.S. EPA pursuant  to the CAA.
Environmental Analysis
The Proposed  Regulatory  Action  implements  a measure  previously  included  within  CARB’s  
2022  State  Strategy  for the State  Implementation  Plan  (2022  State  SIP Strategy),  in the “On-
Road  Motorcycle  New  Emissions  Standards”  section.  When  the 2022  State  SIP Strategy  was 
proposed  in 2022,  CARB  prepared  an environmental  analysis  (EA)  under  its certified  
regulatory  program  (Cal. Code  of Regs., tit. 17, §§ 60000 -60008)  to comply  with  the 
requirements  of the Calif ornia  Environmental  Quality  Act (CEQA;  Public  Resources  Code  § 
21080.5).  The EA, entitled  Final  Environmental  Analysis  for the Proposed  2022  State  
Strategy  for the State  Implementation  Plan,  (CARB  2022 d), determined  that the proposal  
would  not result  in any significant  adverse  impacts  on the environment.  Staff  has 
determined  that no additional  environmental  review  is required  for the current  Proposed  
Regulatory  Action  because  there  are no changes  that involve  new  significant  environmental  
effects.  The basis  for reaching  this conclusion  is provided  in Section  VIII. of the Staff  Report.
Special Accommodation Request
Consistent  with  California  Government  Code  section  7296.2,  special  accommodation  or 
language  needs  may  be provided  for any of the following:
·An interpreter  to be available  at the hearing;
·Documents  made  available  in an alternate  format  or another  language;  and
·A disability -related  reasonable  accommodation.
To request  these  special  accommodations  or language  needs,  please  contact  the Clerks’  
Office  atcotb@arb.ca.gov or (916)  322-5594  as soon  as possible,  but no later  than  ten 
business  days  before  the scheduled  Board  hearing.  TTY/TDD/Speech  to Speech  users  may  
dial 711 for the California  Relay  Service.
Consecuente  con la sección  7296.2  del Código  de Gobierno  de California,  una 
acomodación  especial  o necesidades  lingü? sticas  pueden  ser suministradas  para  cualquiera  
de los siguientes:
·Un intérprete  que esté  disponible  en la audiencia;
·Documentos  disponibles  en un formato  alterno  u otro  idioma;  y
·Una acomodación  razonable  relacionados  con una incapacidad.
Para  solicitar  estas  comodidades  especiales  o necesidades  de otro  idioma,  por favor  llame  a 
la oficina  del Consejo  alcotb@arb.ca.gov o (916)  322-5594  lo m?s pronto  posible,  pero  no 
menos  de 10 d?as de trabajo  antes  del d?a programado  para  la audiencia  del Consejo.TTY/TDD/Personas  que necesiten  este  servicio  pueden  marcar  el 711 para  el Servicio  de 
Retransmisión  de Mensajes  de California.
Agency Contact Persons
Inquiries  concerning  the substance  of the Proposed  Regulatory  Action  may  be directed  to 
the agency  representative , Jason  McPhee,  P.E.,  Air Resource  Engineer,  Engineering  and 
Regulation  Development  Section,  at (279)  208-7023  or (designated  back -up contact)  Scott  
Bacon,  Air Resource  Supervisor,  Engineering  and Regulation  Development  Section,  at (279)  
842-9122.
Availability of Documents
CARB  staff  has prepared  a Staff  Report:  Initial  Statement  of Reasons  (ISOR)  for the Proposed  
Regulatory  Action , which  includes  a summary  of the economic  and environmental  impacts  
of the proposal.  The report  is entitled:  “Public  Hearing  to Consider  the Proposed  
Amendments  to On-Road  Motorcycle  Emissions  Standards  and Test  Procedures  and 
Adoption  of New  On-Board  Diagnostics  and Zero -Emission  Motorcycle  Requirements .”
Copies  of the ISOR  and the full text of the proposed  regulatory  language,  may  be accessed  
on CARB’s  website  listed  below,  on November  28, 2023 . Please  contact  Bradley  Bechtold , 
Regulations  Coordinator,  at bradley.bechtold @arb.ca.gov  or (279) 208-7266  if you need  
physical  copies  of the documents.  Because  of current  travel,  facility,  and staffing  restrictions,  
the California  Air Resources  Board’s  offices  have  limited  public  access.  Pursuant  to 
Government  Code  section  11346.5,  subdivision  (b), upon  request  to the aforementioned  
Regulations  Coordinator,  physical  copies  would  be obtained  from  the Public  Information  
Office,  California  Air Resources  Board,  1001  I Street,  Visitors  and Environmental  Services  
Center,  First  Floor,  Sacramento,  California,  95814.
Further,  the agency  representative  to whom  nonsubstantive  inquiries  concerning  the 
proposed  administrative  action  may  be directed  is Bradley  Bechtold , Regulations  
Coordinator,  (279) 208-7266 . The Board  staff  has compiled  a record  for this rulemaking  
action,  which  includes  all the information  upon  which  the proposal  is based.  This material  is 
available  for inspection  upon  request  to the contact  persons.
Hearing Procedures
The public  hearing  will be conducted  in accordance  with  the California  Administrative  
Procedure  Act, Government  Code,  title 2, division  3, part 1, chapter  3.5 (commencing  with  
section  11340).
Following  the public  hearing,  the Board  may  take  action  to approve  for adoption  the 
regulatory  language  as originally  proposed,  or with  non-substantial  or grammatical  
modifications.  The Board  may  also approve  for adoption  the proposed  regulatory  language  
with  other  modifications  if the text as modified  is sufficiently  related  to the originallyproposed  text that the public  was adequately  placed  on notice  and that the regulatory  
language  as modified  could  result  from  the proposed  regulatory  action.  If this occurs,  the 
full regulatory  text,  with  the modifications  clearly  indicated,  will be made  available  to the 
public,  for written  comment,  at least  15-days  before  final  adoption.
The public  may  request  a copy  of the modified  regulatory  text from  CARB’s  Public  
Information  Office,  Air Resources  Board,  1001  I Street,  Visitors  and Environmental  Services  
Center,  First  Floor,  Sacramento,  California,  95814.
Final Statement of Reasons Availability
Upon  its completion,  the Final  Statement  of Reasons  (FSOR)  will be available,  and copies  
may  be requested  from  the agency  contact  persons  in this notice,  or may  be accessed  on 
CARB’s  website  listed  below.
Internet Access
This notice,  the ISOR  and all subsequent  regulatory  documents,  including  the FSOR,  when  
completed,  are available  on CARB’s  website  for this rulemaking  at
https://ww2.arb.ca.gov/rulemaking/2024/on -roadmotorcyclesregulation
California  Air Resources  Board
_________________________________
Steven  S. Cliff,  Ph.D.
Executive  Officer
Date:  November  14, 2023
The energy  challenge  facing  California  is real.  Every  Californian  needs  to take  immediate  
action  to reduce  energy  consumption.  For a list of simple  ways  you can reduce  demand  and 
cut your  energy  costs,  seeCARB’s  website (www.arb.ca.gov).Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Appendix A
Proposed Regulation Order
Amendments to On -Road Motorcycle 
Emission Standards and Test Procedures  and 
Adoption of New On -Board Diagnostics and 
Zero -Emission Motorcycle Requirements
Note: This version of the Proposed Regulation Order complies with Government Code 
section 11346.2 subdivision (a)(3). The proposed amendments are shown in underline  to 
indicate additions and strikethrough  to indicate deletions from the existing regulatory 
text.   Subsections for which no changes are proposed in this rulemaking are indicated 
with “* * * * *”.
A Table of Contents and page numbers are included in this draft to assist reviewers with 
navigating the document . These items are not part of the proposed regu lation and will 
not be included in the final Proposed Regulation Order.Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
The following Chapters and Sections of the California Code of Regulations , title 13, division 3  are 
being amended by this regulatory proposal.
Chapter 1.   Motor Vehicle Pollution Control Devices
Section 1958.   Exhaust Emission Standards and Test Procedures —Motorcycles and Motorcycle 
Engines Manufactured on or After January 1, 1978 .
Section 1976.   Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions.
Section 2036.   Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, 
Light —Duty Trucks, and Medium —Duty Vehicles; 1979 and Subsequent Model Motorcycles and 
Heavy —Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles; and 2020 and 
Subsequent M odel Year Trailers.
Chapter 2.   Enforcement of Vehicle Emission Standards and Surveillance Testing
Section 2112.   Definitions.
Chapter 16.  Certification Fees for Mobile Sources
Section 2903.   Definitions .
Section 2904.   Certification Fees for On-Road Mobile Sources .
The following Chapters and Sections of the California Code of Regulations , title 13, division 3  are 
being proposed for adoption by this regulatory proposal .
Chapter 1.   Motor Vehicle Pollution Control Devices
Section 1958.1.  End of Model Year Reporting of Street -Use Motorcycle Sales .
Section 1958.2.  Malfunction and Diagnostic System Requirements --2028 and Subsequent 
Model -Year Motorcycles .
Section 1958.3.  Enforcement of Malfunction and Diagnostic System Requirements for 2028 and 
Subsequent Model -Year Motorcycles .
Section 1958.4.  Zero -Emission  Motorcycle Standards and Certification Procedures for 2028 and 
Subsequent Model Years .
Section 1958.5.  Zero -Emission  Motorcycle (ZEM) Credit Generation, Transfer, and Expiration .
Section 1958.6.  Zero -Emission  Motorcycle Credit Obligations .Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Section 19 58.7.  Enforcement Testing, Corrective Action and Recall Protocols for 2028 and 
Subsequent Model Year Zero -Emission  Motorcycles .Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
TABLE OF CONTENTS
Amendments to On -Road Motorcycle Emission Standards and Test Procedures and 
Adoption of New On -Board Diagnostics and Zero -Emission Motorcycle 
Requirements  ................................ ................................ ................................ .............  1
§ 1958.  Exhaust Emission Standards and Test Procedures - Motorcycles and 
Motorcycle Engines Manufactured on or After January 1, 1978.  ........................  1
§ 1958.1. End of Model Year Reporting of Street -Use Motorcycle Sales.  ............................  11
§ 1958.2. Malfunction and Diagnostic System Requirements --2028 and Subsequent 
Model -Year Class III Motorcycles . ................................ ................................ .........  14
§ 1958.3.  Enforcement of Malfunction and Diagnostic System Requirements for 2028 
and Subsequent Model -Year Class III Motorcycles.  ................................ ............  31
§ 1958.4.  Zero -Emission Motorcycle Standards and Certification Procedures for 2028 
and Subsequent Model Years.  ................................ ................................ ...............  63
§ 1958.5.  Zero -Emission Motorcycle (ZEM) Credit Generation, Transfer, and Expiration.
 ................................ ................................ ................................ ................................ ... 73
§ 1958.6.  Zero -Emission Motorcycle Credit Obligations.  ................................ ...................  79
§ 1958.7.  Enforcement Testing , Corrective Action, and Recall Protocols for 2028 and 
Subsequent Model Year Zero -Emission Motorcycles.  ................................ ........  86
§ 1976. Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions.  107
§ 2036. Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, 
Light --Duty Trucks, and Medium --Duty Vehicles; 1979 and Subsequent Model 
Motorcycles and Heavy --Duty Vehicles; and Motor Vehicle Engines Used in 
Such Vehicles; and 2020 and S ubsequent Model Year Trailers.  .....................  115
§ 2112. Definitions.  ................................ ................................ ................................ ....................  119
§ 2903. Definitions.  ................................ ................................ ................................ ....................  121
§ 2904. Certification Fees for On -Road Mobile Sources.  ................................ .....................  1231
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Proposed Regulation Order
Title 13 Califor nia Code of Regulations  (CCR)
Amend Section s 1958, 1976, 2036, 2112, 2903, and 2904 , and Adopt Section s 1958.1, 
1958.2, 1958.3, 1958.4, 1958.5, 1958.6 , and 1958.7 of Title 13, CCR , to read as follows:
1.Amend Title 13, CCR , Chapter 1, Article 2, Section  1958  to read as follows:  
§ 1958.  Exhaust Emission Standards and Test Procedures - Motorcycles and 
Motorcycle Engines Manufactured on or After January 1, 1978.
(a) This section shall be applicable to motorcycles, motorcycle engines, and the 
manufacturers of either motorcycles or motorcycle engines produced on or after January 
1, 1978. Motorcycles and motorcycle engines are excluded from the requirements of this 
secti on if:
(1) The engine displacement is less than 50 cubic centimeters  and the motorcycle 
is produced for model year 2027 and prior , or 
(2) The motorcycle is a Zero -Emission Motorcycle as de scrib ed in title 13, California 
Code of Regulations ( CCR ) section 1958. 4(b), or
(23) An 80 kilogram (176 pound) driver cannot
(A) start from a dead stop using only the engine, or
(B) exceed a maximum speed of 40 kilometers per hour (24.9 miles per hour) 
on a level paved surface.
(b) Exhaust emissions from new street -use motorcycles and motorcycle engines  
produced  for model years 1978 through 202 7 and delivered for sale in California or, for 
small volume manufacturers only, produced  for model year s 2008 and subsequent , 
subject to registration and sold and registered in this state  and delivered for sale in 
California , shall not exceed:2
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Table of Standards  for Model Years 1978 Through 202 7, and for Small Volume 
Manufacturers
Model -Year Engine  Displacement 
(in cubic centimeters)Exhaust Emission Standards (grams per 
kilometer)
Hydrocarbon (HC)  + Oxides 
of Nitrogen (NOx)Carbon  
Monoxide
1978 to 1979 50 to less than 170 5.0 (HC only) 17
170 to less than 750 5.0+0.0155(D -170) * 
(HC only)17
750 or greater 14 (HC only) 17
1980 to 1981 All (50 cc or larger) 5.0 (HC only) 17
1982 and subsequent
through 202 7, and 
Small Volume 
Manufacturers  2008 
and subsequent50 cc to 279 cc 1.0 (HC only) 12
1982 through 1985 
(manufactured prior 
to March 1, 1985)280 cc or greater 2.5 (HC only) 12
1985 (manufactured 
after February 28, 
1985) through 1987280 cc or greater 1.4 (HC only), applied as a
corporate average,** 
provided that each engine 
family shall have only one 
applicable  standard12
1988 through 2003 280 cc to 699 cc 1.0 (HC only), applied as a
corporate average,** 
provided that each engine 
family shall have only one 
applicable  standard123
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Model -Year Engine  Displacement 
(in cubic centimeters)Exhaust Emission Standards (grams per 
kilometer)
1988 through 2003 700 cc or greater 1.4 (HC only), applied as a
corporate average,** 
provided that each engine 
family shall have only one 
applicable  standard12
2004 through 2007 280 cc or greater 1.4 (HC + NOx), applied as a
corporate average,** 
provided that each engine 
family shall have only one 
applicable  standard12
2008 and subsequent
through 2027280 cc or greater 0.8 (HC + NOx), applied as a
corporate average,** 
provided that each engine 
family shall have only one 
applicable  standard12
* D = engine displacement of motorcycles in cubic centimeters.
** Compliance with a standard to be applied as a “corporate average” shall be 
determined as follows:
where,
n = Class III motorcycle engine families (engines with displacement of 280 cc or greater 
manufactured after February 28, 1985).
4
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
PRODjx = Number of units of Class III engine family j produced and delivered for sale in 
California in model year x .
STDjx = The manufacturer designated HC or HC + NOx emission standard, whichever 
applies, for engine family j in model year x, which shall be determined by the 
manufacturer subject to the following conditions:
(1) for Model Year 1988 through 2003 motorcycle engines and motorcycles with 
engine displacement of 280 cc or greater, no individual engine family exhaust emission 
standard shall exceed 2.5 g/km HC, and
(2) for Model Year 2004 and subsequent through 202 7 motorcycle engines and 
motorcycles with engine displacement of 280 cc or greater, no individual engine family 
exhaust emission standard shall exceed 2.5 g/km HC+NOx, and
(3) no engine family designation or engine family exhaust emission standard shall 
be amended in a model year after the engine family is certified for the model year, and
(4) prior to sale or offering for sale in California, each engine family shall be 
certified in accordance with Section 1958(c) and shall be required to meet the 
manufacturer's designated HC or HC + NOx standard, whichever applies, as a condition 
of the cer tification Executive Order. Prior to certification the manufacturer shall also 
submit estimated production volumes for each engine family to be offered for sale in 
California.
STDCa = A manufacturer's corporate average HC or HC + NOx exhaust emissions, 
whichever applies, from those California motorcycles or motorcycle engines subject to 
the California corporate average HC or HC + NOx exhaust emission standard, as 
established by an Executive Order certifying the California production for the model year. 
This order must be obtained prior to the issuance of certification Executive Orders for 
individual engine families for the model year and shall include but not be limited to the 
following requirements:
(1) During the manufacturer's production year, for each engine family, the 
manufacturer shall provide the following information to the Executive Officer within 30 
days after the last day in each calendar quarter:
(A) vehicle identification numbers and an explanation of the identification code;5
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(B) the total number of vehicles or motorcycle engines produced and delivered 
for sale in California and their applicable designated emissions standards.
(2) The manufacturer's average HC or HC + NOx exhaust emissions, whichever 
applies, shall meet the applicable corporate average standard at the end of the 
manufacturer's production for the model year.
(3) Production and sale of vehicles which result in non -compliance with the 
California standard for the model year shall cause a manufacturer to be subject to civil 
penalties, per vehicle, pursuant to Health and Safety Code Section 43154. All excess 
emissi ons resulting from final non -compliance with the California standard shall be made 
up in the following model year.
(4) For a period of up to one year following the end of the model year, for each 
model the manufacturer shall submit California sales and registration data as it becomes 
available.
(c) The test procedures for determining compliance with these standards are set 
forth in Subparts E and F, Part 86, Title 40, Code of Federal Regulations, as they existed 
on April 15,1978, for 1978 through 1987 model years, and they existed on July 7, 1986, 
for 1988 and subsequent through 202 7 model years  and, for small volume manufacturers, 
for 20 08 and subsequent model years , which are incorporated by reference .  
*       *       *       *       *
(e) Motorcycle manufacturers shall submit to the Eexecutive Oofficer  a complete 
copy of the application for certification submitted to the U.S. Environmental Protection 
Agency (U.S. EPA)  together with a copy of the Certificate of Conformity.
(1) This information shall be submitted through the electronic filing system, E -File, 
available through the website: https://login.arb.ca.gov/ .
(2) The above information shall be submitted for each engine family prior to sale or 
offering for sale of 1978 through 1981 model -year motorcycles.
(3) The motorcycle manufacturers shall submit directly to the Eexecutive Oofficer  a 
complete copy of the application for certification for 1982 and subsequent model years.6
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(f)  Small Volume Manuf acturers
(1) Small Volume Manufacturers:  Exhaust emission standards for Class III 
motorcycles and motorcycle engines produced by small volume manufacturers are as 
follows:
(A) For Model Years through 2007, Class III motorcycles and motorcycle 
engines shall meet the applicable HC -only and CO emission limits specified in the 
Table of Standards in subsection 1958(b).
(B) For Model Year 2008 and subsequent, Class III motorcycles and motorcycle 
engines shall emit no more than 12 grams of CO per kilometer and 1.4 grams per 
kilometer HC + NOx, applied as a corporate average, provided that no engine family 
shall emit greate r than 2.5 grams per kilometer HC + NOx.
*       *       *       *       *
(3) For purposes of subsection 1958(f) (1), the following provisions apply:
For Model  
Years (MY)Small Volume 
Manufacturer (SVM)  
defin ition isApplicable  Exhaust Emis sions 
Requirements
prior to 1984 not applicable For all manufacturers, Section 1958(f)(1)(A) 
and 1958(b) apply.
1984 through 
1987one which sells less than 
5,000 new Class I, II, and 
III motorcycles per model 
year in CaliforniaFor SVMs, 2.5 grams per kilometer HC -
only and 12 grams per kilometer CO apply 
only to Class III motorcycles. For all other 
manufacturers and Class I and II 
motorcycles, Section 1958(f)(1)(A) and 
1958(b) apply.
1988 through 
2007not applicable For all manufacturers, Section 1958(f)(1)(A) 
and 1958(b) apply.7
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
2008 and 
subsequentone which sells no more 
than 300 (combined) new 
Class I, II, and III 
motorcycles per model 
year in California, starting 
with the 2004 MY.For SVMs, Section 1958(f)(1)(B) applies 
only to Class III motorcycles.
For all other manufacturers and Class I and 
II motorcycles, Section 1958(b) applies.
For SVMs, Section 1958(b) applies to Class 
I and II motorcycles.
(g) Early -Compliance Credits
(1) Manufacturers which sell Class III motorcycles or motorcycle engines in 
California certified as meeting either a 0.8 g/km or 0.4 g/km HC+NOx level prior to 
Model Year 2008 can receive credits for use in the Model Year 2008 corporate average 
upon writte n approval by the Executive Officer. Each unit of Class III motorcycle or 
motorcycle engine sold between Model Years 1999 and 2008 and which meets the 
requirements of this subsection shall be multiplied by whichever X multiplier applies, as 
shown in the fo llowing table:
Table of Multipliers to Enco urage Early Compliance with the  0.8 g/km HC + NOx 
Standard and Beyond
Multiplier (X) for Use in MY 2008 Corporate 
Averaging
Model Year  SoldCertified at 0.8 g/km  
HC + NOx or belowCertified at 0.4 g/km  
HC+NOx or below
1999 through 2004 1.5 3.0
2005 1.375 2.5
2006 1.250 2.0
2007 1.125 1.5
2008 and subsequent  
through 202 71.0 1.0
*       *       *       *       *8
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(h) Sunset Review
Within five years from the effective date of adoption or date of implementation, which 
ever comes later, the Air Resources Board, in consultation with the Secretary for 
Environmental Protection, shall review the provisions of this section to determine whet her 
it should be retained, revised, or repealed.
(h) This subsection shall be applicable to motorcycles, motorcycle engines, and the 
manufacturers of either motorcycles or motorcycle engines produced for the 2028 and 
subsequent  model years , except those excluded pursuant to  section 1958,  subsection s 
(a)(1) through (a )(3) and those manufactured by small volume manufacturers as noted in 
subsections (b) and (f) .
(1)Exhaust emissions from new street -use motorcycles and motorcycle engines 
produced for  model year s 2028 and subsequent, and delivered for sale in California , shall 
not exceed the limits listed in the following table . Corporate averaging pursuant to 
section 1958, subsection (b) may not  be used to satisfy this requirement.  
Standards for Model Year 202 8 and Subsequent Motorcycles
Model 
YearEngine  Type Exhaust Emission Standards (grams per kilometer)
COTotal 
Hydrocarbons
(THC )Non -methane 
Hydrocarbons
(NMHC )NOx PM
2028 and 
subsequentPositive 
Ignition
(50 cc or 
larger)1.00 0.10 0.068 0.060 0.0045*
Compression 
Ignition
(50cc or 
larger)0.50 0.10 0.068 0.090 0.0045
* Applicable to gasoline direct injection engines only .
(2)The engine shall be constructed to prevent any fuel, lubrication oil , or 
crankcase gases from escaping to the atmosphere from the crankcase gas ventilation 
system .9
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(3)Carbon dioxide emissions shall be measured during all tests  where emi ssions 
are measured to demonstrate compliance with the standards of section 1958, subsection 
(h)(1)  and reported  to the Executive Officer along with the complete application for 
certification.  This information  shall be submitted through the electronic filing system, E -
File, available through the website: https://login.arb.ca.gov/ .
(4)The test procedure s for determining compliance with the standards of section 
1958, subsection (h)(1)  are “California 2028 and Subsequent Model Year Exhaust 
Emission Standards and Test Procedures for On -Road Motorcycles ,” adopted [ INSERT 
ADOPTION DATE ], which is incorporated by reference herein .
(5)Manufacturers, except small volume manufacturer s, shall certify at least the 
following percentage of their street -use motorcycles produced and delivered for sale in 
California to the standards in  section 1958,  subsection  (h)(1)  according to the following 
phase -in schedule:
Model YearTotal Percent ( %) of Street -Use 
Motorcycles certified to the Standards 
of Section 1958(h )(1)
2028 30%
2029 60%
2030  and 
subsequent100%
(6)All model year 2028 and 2029 motorcycles that are not part of the required 
phase -in to meet the standards in section 1958, subsection (h) (1), and all motorcycles 
manufactured by small volume manufacturers in model year 2028 and subsequent, shall 
be subject to the requirements in  section 1958,  subsections (b) through (f)  applicable to 
model year 2027 motorcycles . For purposes of the corporate average calculation of 
section 1958, subsection (b) for Class III motorcycles, the calculation shall utilize only 
standards and production volumes of engine families that are not part of the required 
phase -in for section 1958, subsection (h) (5). 
(i)In addition to the information required to be submitted in the application for 
certification pursuant to section 1958, subsection (e) , for model years 202 8 and 
subsequent, manufacturers of motorcycles subject to the requirements of section 1958, 
subsection (h) shall submit to the Executive Officer a subset of the information required 10
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
by Article 27 of “Regulation  (EU)  No 168/2013 of the European Parliament and of the 
Council  of 15 January 2013 on the approval and market surveillance of two - or three -
wheel vehicles and quadricycles, 02013R0168 – EN – 14.11.2020 ,” (EU 168/2013) which is 
incorporated by reference . Unless otherwise approved by the Executive Officer, this 
information  shall be provided as described in “Commission Implementing Regulation 
(EU) No 901/2014  of 18 July 2014 Implementing Regulation (EU) No 168/2013 of the 
European Parliament and of the Council with regard to the administrative requirements 
for the approval and market surveillance of two - or three -wheel vehicles and quadricycles, 
02014R0901 – EN – 12.03.2020 ,” (EU 901/2014 ) which is incorporated by reference . 
Specifically, the manufacturer shall provide the following subset o f information specified 
in EU 901/2014 , Annex I, Part B, section 2.8:
(A) Item Numbers 0 through 3.5.4.2 ;
(B) Item Numbers 4. through 4.4.4; and
(C) Item Numbers 7.5 through 7.5.3.1.
(j)  This information  shall be submitted through the electronic filing system, E -File, 
available through the website: https://login.arb.ca.gov/ .
(k)  For model year 2028 and subsequent , street -use motorcycles with internal 
combustion engines less than 50cc displacement that are produced and delivered for 
sale, offered for sale , or sold in California  shall be certified as zero -emission motorcycles 
pursuant to title 13, CCR, section 1958.4.
Note: Authority cited:  Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104, 43105, 43106 and 43107, Health and Safety Code.
Reference: Sections 38562, 39002, 39003,  39010, 39018, 39600, 39601, 39602.5, 43000,  
43013, 43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106, and 43107,  43151, 
43152, 43153, 43154,  43211  and 43212,  Health and Safety Code ; and Cal. Stats. 83, Ch. 
103.11
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
2. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958 .1 to read as follows:
§ 1958.1. End of Model Year Reporting of Street -Use Motorcycle Sales .
(a) For each model year, a ll manufacturers shall submit  to the Executive Officer  an 
“end of model year report”  with the number of street -use motorcycles produced and 
delivered  for sale in California  for that model year . This end of model year report shall be 
submitted by April 1  after the end of the model year , starting with reporting of model 
year 2024  by April 1, 2025 , in accordance with section 1958.1, subsection (f) .
(b) A manufacturer's California sales shall consist of all street -use motorcycles or 
motorcycle engines produced by the manufacturer and delivered for sale in California, 
except that street -use motorcycles or motorcycle engines produced by the manufacturer 
and marketed for sale  in California by another manufacturer under the other 
manufacturer's nameplate shall be treated as California sales of the marketing 
manufacturer.
(c) The end of model year  report shall include all informat ion required pursuant to 
Part I, Subpart C, section 11.1.2 of  “California 2028 and Subsequent Model Year Exhaust 
Emission Standards and Test Procedures for On -Road Motorcycles,” adopted [ INSERT 
ADOPTION DATE ].
(d) In addition to the requirements of section 1958.1, subsection (c), the end of 
mode l year  report shall include the  following information:
(1)The number of Class I (50 – 169cc displacement) conventional  internal 
combustion  street -use motorcycles produced and delivered for sale in California .
(2)The number of Class II ( 170 – 279cc displacement) conventional  internal 
combustion street -use motorcycles produced and delivered for sale in California .
(3)The number of Class III (280 cc displacement and larger) conventional  internal 
combustion street -use motorcycles produced and delivered for sale in California .
(4)The number of Tier I zero -emission motorcycles produced and delivered for 
sale in California , as defined in title 13, California Code of Regulations (CCR) section 
1958.4 , subsection (d).12
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(5)The number of Tier II zero -emission motorcycles produced and delivered for 
sale in California , as defined in title 13, CCR section 1958.4 , subsection (d).
(6)The number of Tier III zero -emission motorcycles produced and delivered for 
sale in California , as defined in title 13, CCR section 1958.4 , subsection (d).
(7)All information required to calculate annual ZEM credits earne d and annual  
ZEM credit obligations pursuant to subsections 1958.5 , subsection (f) and 1958.6 , 
subsection (h).
(e) The number of motorcycles produced and delivered for sale in California  from 
different manufacturers  shall be aggregated in the following situations:  
(1)motorcycles  produced by two or more manufacturers , one of which owns 
33.4 % or greater of the other (s);
(2)motorcycles  produced by any two or more manufacturers  if a third party has 
equity ownership of 33.4 % or more in each of the manufacturers ; 
(3)motorcycles  produced by two or more manufacturers  having a common 
corporate officer(s) who is (are) responsible for the overall direction of the companies; or
(4)motorcycles  imported or distributed by any entity  where the vehicles are 
manufactured by the same entity and the importer or distributor is an authorized agent of 
the entity.
(f)The manufacturer shall submit end of model  year reports to  the California Air 
Resources Board through the electronic filing system, E -File, available through the 
website: https://login.arb.ca.gov/ .
(g)Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this 
article remains in full force and effect.13
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Note : Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104, 43105, 43106 and 43107, Health and Safety Code.
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106, 43107,  43151, 43152, 
43153, 43154 , 43211  and 43212,  Health and Safety Code.14
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
3. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958.2 to read as follows:
§ 1958.2.  Malfunction and Diagnostic System Requirements --2028 and Subsequent 
Model -Year Class III Motorcycles .
(a) Applicability  
(1)Manufacturers, except small volume manufacturers, shall equip at least the 
following percentage of their 2028 and subsequent model year Class III street -use 
motorcycles produced and delivered for sale in California with an On -Board Diagnostics 
(OBD) system and shall meet all requirements of this section , in accordance with the 
phase -in schedule in the table below:  
Phase -In Schedule for OBD
Model YearMinimum % of Class III Street -Use 
Motorcycles Equipped with OBD
2028 30%
2029 60%
2030 100%
(2)Eligibility for Exemption from OBD Requirements . Eligibility as determined in 
section 1958.2,  subsection (a)(2) shall be based on the total number of  street -use 
motorcycle s produced and delivered for sale in California in a model year  as reported 
pursuant to title 13, CCR section 1958.1. To be eligible for exemption from the OBD 
requirements specified in title 13, CCR sections 1958.2 and 1958.3, the manufacturer's 
average total number  of street -use motorcycles produced and delivered for sale in 
California for the three most recent consecutive model years must remain below 300 . If a 
manufacturer's average for the three most recent consecutive model years exceeds 299  
motorcycles , the manufacturer will no longer be eligible for exemption and must meet 
applicable OBD requirements as follows:   
(A) If a manufacturer's average for three consecutive model years exceeds 299  
motorcycles , and if the increase is the result of corporate acquisitions, mergers, or 
purchase by another manufacturer, the manufacturer shall comply with the OBD 
requirements described in section 1958.2, subsections (a)(1)  and (b) through  (h), as 15
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
applicable, beginning with the first model year after the last year of the three 
consecutive model years.
(B) If section 1958.2, subsection (a)(2)(A) does not apply and if a 
manufacturer's average for three consecutive model years exceeds 299 motorcycles 
and is less than 500, the manufacturer shall comply with the OBD requirements 
described in section 1958.2, subsections (a)(1)  and (b) through  (h), as applicable, 
beginning with the second model year after the last year of the three consecutive 
model years.
(C) If section 1958.2, subsection (a)(2)(A) does not apply and if a 
manufacturer's average for three consecutive model years exceeds 500  motorcycles , 
the manufacturer shall comply with the OBD requirements described in section 
1958.2, subsections (a)(1)  and (b) through (h), as applicable, beginning with the first 
model year after the last year of the three consecutive model years.
(D) For manufacturers seeking certification for the first time in California,  
exemption from OBD requirements in their first year shall be based on an average of 
their projected California sales  for the ir first three years . Manufacturers with projected 
sales exceeding 299 per year are not eligible for exemption. If actual produced and 
delivered for sale in California  numbers are available  for a model year (s), projected 
California sales cannot be used  for that model year (s) when calculating the average of 
the three consecutive model years  in subsequent years .
(b) Functional Requirements for 2028 and Subsequent Class III Motorcycles  
(1)2028 and subsequent model year Class III street -use motorcycles shall be 
equipped with an OBD system as specified in “Regulation (EU) No 168/2013 of the 
European Parliament and of the Council of 15 January 2013 on the approval and market 
surveillance of two - or three -wheel vehicles and quadricycles, 02013R0168 – EN – 
14.11.2020,” (EU 168/2013) which is incorporated by reference , pursuant to Annex XII 
(Requirements for functional On -Board Diagnostics) of “Commission Delegated 
Regulation (EU) No 44/2014 of 21 November 2013 supplementing Regulation (EU) No 
168/2013 of the European Parliament and of the Council with regard to the vehicle 
construction and general requirements for the approval of two - or three -wheel vehicles 
and quadricycles. 02014R0044 — EN — 20.03.2018 ,” (EU 44/2014) which is incorporated 
by reference . This requirement includes only the OBD monitors and functions that are 16
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
related to emissions control systems and associated components, not those associated 
exclusively with functional safety or other items unrelated to emissions.
(A)Class III Enduro (L3e -AxE) and Trial motorcycles (L3e -AxT) as described in 
Annex I of EU 168/2013 shall be equipped with an OBD stage I system as 
specified in EU 168/2013, and are not subject to fuel system monitoring 
requirements in section 1958.2, subsection (b)(2)  or the readiness 
requirements in section 1958.2, subsection (b)(3) .
(B)All other Class III street -use motorcycles shall be equipped with a stage II OBD 
system as specified in EU 168/2013, and are subject to all applicable  OBD 
requirements  in section 1958.2.
(2)Fuel System Monitoring requirements for Class III motorcycles . 
(A) Requirement .  
1. The OBD system shall monitor the fuel delivery system to determine its 
ability to provide compliance with emission standards specified in 13 CCR section 
1958 , subsection (h).  
(B) Malfunction Criteria .  
1. The OBD system shall detect a malfunction of the fuel delivery system 
when:    
a.The fuel delivery system is unable to maintain a motorcycle's 
emissions at or below the OBD threshold limits specified in EU 168/2013, 
Annex VI, section ( B2). 
b.If equipped, the feedback control based on a secondary oxygen or 
exhaust gas sensor is unable to maintain a motorcycle’s emissions at or below 
OBD threshold limits specified in EU 168/2013, Annex VI, section ( B2).
2.Except as provided for in section 1958.2, subsection ( b)(2)(B)3 below, if 
the motorcycle is equipped with adaptive feedback control, the OBD system shall 17
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
detect a malfunction when the adaptive feedback control has used up all of the 
adjustment allowed by the manufacturer . 
3.If the motorcycle is equipped with feedback control that is based on a 
secondary oxygen (or equivalent) sensor, the OBD system is not required to detect 
a malfunction of the fuel system solely when the feedback control based on a 
secondary oxygen sensor ha s used up all of the adjustment allowed by the 
manufacturer. However, if a failure or deterioration results in motorcycle emissions 
that exceed the malfunction criteria in subsection ( b)(2)(B)1, the OBD system is 
required to detect a malfunction.
4.The OBD system shall detect a malfunction whenever the fuel control 
system fails to enter closed -loop operation (if employed) within a manufacturer 
specified time interval.
5.Manufacturers may adjust the criteria and limit(s) to compensate for 
changes in altitude, for temporary introduction of large amounts of purge vapor, or 
for other similar identifiable operating conditions when they occur.
(C) Monitoring Conditions .  
1. The fuel system shall be monitored continuously for the presence of a 
malfunction.   
(D) MIL Illumination and Fault Code Storage . For all fuel system malfunctions, 
the MIL illumination and fault code storage requirements are set forth in section 
1958.2, subsections (b)( 2)(D)1 through (b)( 2)(D)6 below .  
1. A pending fault code shall be stored immediately upon the fuel system 
exceeding the malfunction criteria established pursuant to section 1958.2, 
subsection (b)( 2)(B). 
2.Except as provided below, if a pending fault code is stored, the OBD 
system shall immediately illuminate the MIL and store a confirmed fault code if a 
fuel system  malfunction is again detected during either of the following two events:18
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
a.The next two driving cycle s immediately following the storage of the 
pending fault code, regardless of the conditions encountered during the 
driving cycle; or
b.On the next  two driving cycle s in which similar conditions ( engine 
speed within 375 rpm, load conditions within 20 percent, and the same warm -
up status (i.e., cold or hot) ) to those that occurred when the pending fault code 
was stored are encountered . 
3.The pending fault code may be erased at the end of the next driving cycle 
in which similar conditions have been encountered without an exceedance of the 
specified fuel system malfunction criteria. The pending code may also be erased if 
similar conditions a re not encountered during the 40 driving cycles immediately 
after the initial detection of a malfunction for which the pending code was set . 
4.Storage of Freeze Frame Conditions .
a.The OBD system shall store and erase freeze frame conditions either 
in conjunction with storing and erasing a pending fault code or in conjunction 
with storing and erasing a confirmed fault code . 
b.Freeze frame storage priority for misfire and fuel system malfunction 
is specified in EU 44/2014, Annex XII, Appendix 1, Section 3.1.2. 
5.Storage of Fuel System Conditions for Determining Similar Conditions of 
Operation . 
a.Upon detection of a fuel system malfunction under section 1958.2, 
subsection ( b)(2)(B), the OBD system shall store the engine speed, load, and 
warm -up status of the first fuel system malfunction that resulted in the storage 
of the pending fault code.
b.For fuel system faults detected using feedback control that is based 
on a secondary oxygen (or equivalent) sensor, the manufacturer may request 
Executive Officer approval to use an alternate definition of similar conditions  
(engine speed within 375 rpm, load conditions within 20 percent, and the same 
warm -up status (i.e., cold or hot) ). The Executive Officer shall approve the 
alternate definition upon the manufacturer providing data or analysis 19
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
demonstrating that the alternate definition provides for equivalent robustness 
in detection of fuel system faults that vary in severity depending on engine 
speed, load, or warm -up status . 
6.Extinguishing the MIL . The MIL may be extinguished after three 
sequential driving cycles in which similar conditions have been encountered 
without a malfunction of the fuel system .  
(3)Required Emission Related Functions . The following standardized function s for 
readiness status  shall be implemented in accordance with the specifications in SAE
International  (SAE) J1979 "E/E Diagnostic Test Modes", February 2017  (SAE J1979), 
incorporated by reference,  or SAE J1979 -2 “E/E Diagnostic Test Modes:OBDonUDS,” 
April 2021  (SAE J1979 -2), incorporated by reference, to allow for access to the required 
information by a scan tool meeting SAE J1978 "OBD II Scan Tool - Equivalent to ISO/DIS 
15031 -4: December 14, 2001", April 2002 (SAE J1978)  specifications , incorporated by 
reference :
(A) In accordance with SAE J1979 or J1979 -2 specifications, the OBD system 
shall indicate “complete” or “not complete” since the fault memory was last cleared for 
the following installed monitored components and systems as specified in Annex XII, 
Table 12 -1 of EU 44/2014: catalytic converter monitor, misfire detection monitor, EGR 
efficiency/flow monitor, comprehensive component monitors (as specified in Annex 
XII, appendix 2, section 2.1 of EU 44/2014), and the fuel system monitor (as specified 
in 1958.2 , subs ection (b)(2).All components or systems that are monitored 
continuously shall always indicate “complete .” Those components or systems that are 
not subject to continuous monitoring shall immediately indicate “complete” upon the 
respective diagnostic(s) being fully executed and determining that the component or 
system is not malfunctioning. A component or system shall also indicate “complete” if 
after the requisite number of decisions necessary for determining MIL status have 
been fully exec uted, the monitor indicates a malfunction for the component or system. 
The status for each of the monitored components or systems shall indicate “not 
complete” whenever fault memory has been cleared or erased by a means other than 
that allowed in EU 44/201 4, Annex XII, Section 3.8. Normal vehicle shut down (i.e., key 
off, engine off) may not cause the status to indicate “not complete” . 
(B) Subject to Executive Officer approval, if monitoring is disabled for a 
multiple number of driving cycles due to the continued presence of extreme 
operating conditions (e.g, cold ambient temperatures, high altitudes), readiness status 
for the subject monito ring system  may be set to indicate “complete” without 20
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
monitoring having been completed . Executive Officer approval shall be based on the 
conditions for monitoring system  disablement and the number of driving cycles 
specified without completion of monitoring before readiness is indicated as 
“complete .”
(C) If the manufacturer elects to additionally indicate readiness status through 
the MIL in the key on, engine off position, the readiness status shall be indicated in the 
following manner: 
1.If the readiness status for all monitored components or systems is 
“complete ,” the MIL shall remain continuously illuminated in the key on, engine off 
position for at least 15 -20 seconds. 
2.If the readiness status for one or more of the monitored components or 
systems is “not complete ,” after 15 -20 seconds of operation in the key on, engine 
off position with the MIL illuminated continuously, the MIL shall blink once per 
second for 5 -10 seconds.
(c) Certification Requirements   
(1)Testing Requirements .  
(A) For 2028 and subsequent model year street -use motorcycles , 
manufacturers must test their OBD systems according to the type VIII test specified in  
Annex VIII, sections 1, 2, 3, 4, 5.1, 5.2, 6, 7, and 8  of “Commission Delegated 
Regulation ( EU) No 134/2014  of 16 December 2013 supplementing Regulation (EU) 
No 168/2013 of the European Parliament and of the Council with regard to 
environmental and propulsion unit performance requirements and amending Annex V 
thereof, 02014R0134 – EN – 20.03.2018 ” (EU 134/2014) ,which is incorporated by 
reference .
1.The test fuel used for all testing required by section 1958.2, subsection 
(c)(1) , unless otherwise specified, shall be gasoline meeting the fuel properties and 
specifications for “California Certification Gasoline ” in Part II, section A.3.1  of the  
“California 2026 and Subsequent Model Year Criteria Pollutant Exhaust Emission 
Standards and Test Procedures for Passenger Cars, Light -Duty Trucks, and 
Medium -Duty Vehicles,” adopted August 25, 2022 , which is incorporated by 
reference . 21
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2.The test fuel specified in EU 134/2014, Annex VIII, section 5.3 may be 
used at the manufacturer’s discretion as an alternative test fuel to meet the 
requirements of section 1958.2, subsection (c)(1)(A), unless otherwise specified . 
However, even if a manufacturer elects to use this alternative fuel, CARB may 
conduct confirmatory testing or  enforcement testing in accordance with section 
1958.2, subsection (c)(2) or title 13, CCR section 1958.3(b) (4), respectively,  using 
California certification gasoline .
(B) Manufacturers must also test the following failure mode to demonstrate 
compliance with the Fuel System Monitoring requirements of section 1958.2, 
subsection ( b)(2).  
1. Required Testing for Fuel System Monitor:   
a.When performing the Fuel System Monitor test as specified below, 
the requirements of EU 134/2014, Annex VIII, Sections 1, 3, 4, 5.1, 5.2, 6, 7, 8.1, 
8.2, and 8.4 must be followed . 
b.In addition to the requirements of EU 134/2014, Annex VIII, Section 
3.2, the OBD system shall indicate the failure of the Fuel System when that 
failure results in emissions exceeding the OBD thresholds specified in 
subsection ( b)(2)(B)1.a. Testing of the Fuel System Monitor shall be conducted 
using California certification gasoline. 
c.For motorcycles with adaptive feedback based on the primary fuel 
control sensor(s)  (e.g., front oxygen sensor) , the manufacturer shall perform a 
test with the adaptive feedback based on the primary fuel control sensor(s) at 
the rich limit(s) and a test at the lean limit(s) established by the manufacturer in 
section 1958.2, subsection ( b)(2)(B)1. to detect a malfunction before emissions 
exceed the malfunction threshold s specified in EU 168/2013, Annex VI, section 
(C2) . 
d.For motorcycles with feedback based on a secondary fuel control 
sensor(s) and subject to the malfunction criteria in section 1958.2, subsection 
(b)(2)(B)1., the manufacturer shall perform a test with the feedback based on 
the secondary fuel control sensor(s) at the rich limit(s) and a test at the lean 
limit(s) established by the manufacturer in subsection ( b)(2)(B)1. to detect a 22
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Date of Hearing: January 25 , 202 4
malfunction before emissions exceed the malfunction threshold s specified in 
EU 168/2013, Annex VI, section (C2) . 
e.For other fuel metering or control systems, the manufacturer shall 
perform a test at the criteria limit(s).
(2)Confirmatory Testing :  
(A) CARB may perform confirmatory testing to verify the emission test data 
submitted by the manufacturer under the requirements of section 1958.2, subsection 
(c) comply with the requirements of subsection ( c) and the malfunction criteria 
identified in section 1958.2, subsection (b). This confirmatory testing is limited to the 
motorcycle configuration represented by the demonstration motorcycle(s) . 
(B) CARB may install appropriately deteriorated or malfunctioning 
components in an otherwise properly functioning test motorcycle of an OBD family 
represented by the demonstration test motorcycle(s) (or simulate a deteriorated or 
malfunctioning component) in o rder to test any of the components or systems 
required to be tested in section 1958.2, subsection ( c). Upon request by the Executive 
Officer, the manufacturer shall make available motorcycle s and all test equipment 
(e.g., malfunction simulators, deteriorated components, etc.) necessary to duplicate 
the manufacturer’s testing. 
(C) Motorcycles with OBD systems which fail to meet the requirements of 
subsection ( c) may be recalled for corrective action pursuant to title 13, CCR section 
1958.3.
(d) Certification Documentation  
(1)For 2028 and subsequent model year street -use motorcycles , manufacturers 
must submit documentation which provides details of their OBD system as specified in  
Annex 1, appendix 3, Item No. 7.6  of the  “Commission Implementing Regulation (EU) No 
901/2014 of 18 July 2014 Implementing Regulation (EU) No 168/2013 of the European 
Parliament and of the Council with regard to the administrative requirements for the 
approval and market surveillance of two - or three -wheel vehicles and quadricycles, 
02014R0901 – EN – 12.03.2020 ,” (EU 901/2014 ) which is incorporated by reference . 23
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(A) For the required documentation not standardized across all engine 
families, the manufacturer may propose to the Executive Officer that documentation 
covering a specified combination of engine families be used. These combinations 
shall be known as “OBD fami lies.” Executive Officer approval shall be granted for 
those groupings that meet the criteria specified in EU 44/2014, Annex XII, Appendix 
5. If approved by the Executive Officer, the manufacturer may submit one set of 
documentation from one or more repres entative engine family(ies) that are a part of 
the OBD family. The Executive Officer shall determine whether a selected engine 
family(ies) is representative of the OBD family as a whole. To be approved as 
representative, the engine family (ies) must possess the most stringent exhaust 
emission standards and OBD monitoring requirements and include  all of the 
emission control devices within the OBD family .
(B) With Executive Officer approval, one or more of the documentation 
requirements of section 1958.2, subsection (d) may be waived or modified if the 
information required would be redundant or unnecessarily burdensome to 
generate.
(2)In addition to the requirements of section 1958.2, subsection (d)(1) above, 
manufacturers must provide a written description of the general working principles of 
their Fuel System Monitor. Additionally, all reporting requirements specified in EU 
901/2014, Annex 1, appendix 3, Item No. 7.6 shall also apply to the Fuel Sy stem Monitor 
and all of its components. Such information shall include, f or the fuel system monitor 
testing required per section 1958.2, subsection (c)(1)(B): emission test data, a description 
of the testing sequence (e.g., the number and types of precondi tioning cycles), 
approximate time (in seconds) of MIL illumination during the test, fault code(s) and freeze 
frame information stored at the time of detection, corresponding SAE J1979 or J1979 -2 
test results (e.g. Mode/Service $06) stored during the test, and a description of the 
modified or deteriorated components used for fault simulation with respect to the 
demonstration tests specified in subsection (c). 
(3)This information  shall be submitted to: Chief, Emissions Certification and 
Compliance Division, 4001 Iowa Avenue, Riverside, California 92507  or electronically at 
MotorcycleOBD@arb.ca.gov .
(4)The Executive Officer may approve conditional certification of an OBD family 
prior to the submittal of the test data required by section 1958.2, subsection (c)(1) . 
Factors to be considered by the Executive Officer in approving the conditional 
certification as a result of the  late submission of the test data  shall include the reason for 24
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
the delay in the data collection, the length of time until data will be available, and the 
demonstrated previous success of the manufacturer in submitting the data prior to 
certification.
(e) In-Use Performance  
(1)Functional In -Use Performance Monitoring Requirements . Model year 2028 
and subsequent Class III motorcycles shall meet the In -Use Performance requirements of 
EU 44/2014, Annex XII, Appendix 1, section 4 applicable to motorcycles produced on or  
after  January  1, 202 4. Such requirements include tracking, storing, and reporting in -use 
monitoring performance data accessible in a standardized format . 
(2)Verification and Reporting of In -Use Monitoring Performance (IUMPR) .
(A) Manufacturers are required to collect and report in -use monitoring 
performance data representative of every OBD family certified by the manufacturer 
and equipped with in -use monitoring performance tracking software in accordance 
with section 1958.2, subsection ( e)(1) to CARB within twelve months from either the 
time motorcycles in the engine family were first introduced into commerce or the start 
of normal production for such motorcycles, whichever is later . 
(B) For each OBD family, the data must include all of the in -use performance 
tracking data reported through SAE J1979 or SAE J1979 -2, the date the data was 
collected, the odometer reading , the motorcycle Vehicle Identification Number ( VIN), 
and the Engine Control Module ( ECM ) software calibration identification number.
(C) Manufacturers shall submit a sampling method plan to the Executive 
Officer for review and approval of the sampling method, number of motorcycles to be 
sampled, timeline to collect the data, and reporting format. The Executive Officer shall 
approve the plan upon determining that it provides for effective collection of data 
from a representative sample of motorcycles that  includes , at a minimum, the number 
of motorcycles outlined in the table below  based on annual sales in California in a 
given model year that are part of the same certified OBD family as defined in section 
1958.3, subsection (d)(1)(A).  “Annual sales” means the total number of street -use 
motorcycles produced and delivered for sale in California in a given model year.  The 
sampling method plan shall include as many engine families from the OBD family as 
possible, shall be  likely to result in the collection and submittal of data within the 
required twelve month time frame, shall  generate data that are representative of 25
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Date of Hearing: January 25 , 202 4
California motorcycle usage patterns and ambient temperatures, and shall  not, by 
design, exclude or include specific motorcycles in an attempt to collect data only from 
motorcycles with the highest in -use performance ratios.
Minimum Sample Size for IUMPR
Annual Sales   
of OBD FamilyMinimum IUMPR Sample Size
<100 No IUMPR Data Submittal Required
100-249 3 motorcycles
250-499 6 motorcycles
500+ 10 motorcycles
(D) Upon request of the manufacturer, the Executive Officer may reduce the 
minimum sample size set forth in the table above for OBD Families  where the 
manufacturer is unable to collect the minimum number of motorcycles required. In 
granting approval of a sampling plan with a reduced minimum sample size, the 
Executive Officer shall consider, among other things, information submitted by the 
manu facturer to justify the smaller sample size, sales volume of the OBD family( -ies), 
the sampling mechanism utilized by th e manufacturer to procure motorcycles, and the 
availability of additional data from other jurisdictions.
(E) The in -use monitoring performance data  and sampling method plan shall 
be submitted to: Chief, Emissions Certification and Compliance Division, 4001 Iowa 
Avenue, Riverside, California 92507  or electronically at MotorcycleOBD@arb.ca.gov .
(f) Deficiencies  
(1)For 2028 and subsequent model year motorcycles, the Executive Officer, upon 
receipt of an application from the manufacturer, may certify motorcycles even if the OBD 
system does  not comply with one or more of the requirements of title 13, CCR section 
1958.2. In granting the certification, the Executive Officer shall consider the following 
factors:  
(A) the extent to which the requirements of section 1958.2 are satisfied overall 
based on a review of the application in question, 26
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(B) the relative performance of the resultant OBD system compared to 
systems fully compliant with the requirements of section 1958.2, and 
(C) a demonstrated good -faith effort on the part of the manufacturer to: 
1.meet the requirements in full by evaluating and considering the best 
available monitoring technology; and 
2.come into compliance as expeditiously as possible. 
(D) The Executive Officer may not grant certification to a motorcycle in which 
the reported noncompliance for which a deficiency is sought would be subject to 
ordered recall pursuant to title 13, CCR section 1958.3 , subsections (c)(3)(A).  
(2)Manufacturers of non -complying systems are subject to fines. The specified 
fines apply to the third and subsequently identified deficiencies, with the exception that 
fines shall apply to all monitoring system deficiencies wherein a required monitoring 
strategy is completely absent from the OBD system.
(3)Fines for deficiencies are in the amount of $30 per deficiency per motorcycle 
for non -compliance with the requirements for Catalytic converter monitoring, EGR 
efficiency/flow monitoring, Misfire detection, NOx aftertreatment system monitoring, 
Particulate filter monitoring, or Particulate matter (PM) emissi on monitoring, as specified 
in Annex XII, Table 12 -1 of EU 44/2014, or the Fuel system monitoring requirement 
specified in subsection ( b)(2), and $15 per deficiency per motorcycle for non -compliance 
with any other requirement of title 13, CCR section 1958. 2. In determining the identified 
order of deficiencies, deficiencies subject to a $30 fine are identified first. Total fines per 
motorcycle under section 1958.2, subsection ( f) may not exceed $300 per motorcycle and 
are payable to the California Air Resources Board for submittal  to the State Controller’s 
Office for deposit in the Air Pollution Control  Fund . 
(4)Manufacturers shall  re-apply for Executive Officer approval of a deficiency each 
model year. In considering the request to carry -over a deficiency, the Executive Officer 
shall consider the factors identified in section 1958.2, subsection (f)(1) including the 
manufacturer’s progress towards correcting the deficiency. The Executive Officer may not 
allow manufacturers to carry over monitoring system deficiencies for more than two 
model years unless it can be demonstrated that subst antial motorcycle hardware 
modifications and addi tional lead time beyond two years would be necessary to correct 27
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
the deficiency, in which case the Executive Officer shall allow the deficiency to be carried 
over for three model years.
(5)Except as allowed in section 1958.2, subsection ( f)(6), deficiencies may not be 
retroactively granted after certification.
(6)Request for retroactive deficiencies
(A) Manufacturers may request that the Executive Officer grant a deficiency 
and amend a motorcycle’s certification to conform to the granting of the deficiencies 
during the first 6 months after commencement of normal production for each aspect 
of the monitorin g system: (a) identified by the manufacturer (during testing required 
by section 1958.2, subsection ( g)(1) or any other testing) to be functioning different 
than the certified system or otherwise not meeting the requirements of any aspect of 
title 13, CCR section 1958.2; and ( b) reported to the Executive Officer. If the Executive 
Officer grants the deficiencies and amended certification, their approval would be 
retroactive to the start of production.
(B) Executive Officer approval of the request for a retroactive deficiency shall 
be granted provided that the conditions necessary for a pre -certification deficiency 
determination are satisfied (see section 1958.2, subsection ( f)(1)) and the 
manufacturer could not have reasonably anticipated the identified problem before 
commencement of production . 
(C) In granting the amended certification, the Executive Officer shall include 
any approved post -production deficiencies together with all previously approved 
deficiencies in computing fines in accordance with section 1958.2, subsection (f)(2) . 
(7)Any OBD system installed on a production motorcycle that fails to conform 
with the certified OBD system for that motorcycle or otherwise fails to meet the 
requirements of title 13, CCR section 1958.2 and has not been granted a deficiency 
pursuant to the provisions of section 1958.2, subsections (f)(1) through (f)(6) is considered 
non-compliant. The motorcycles are subject to enforcement pursuant to applicable 
provisions of the Health and Safety Code and title 13, CCR section 1958.3.   
(g) Production Motorcycle Evaluation Testing  
(1)Verification of Monitoring Requirements.   28
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(A) For 2028 and subsequent model year motorcycles, within the first six 
months after normal production begins, manufacturers shall conduct a complete 
evaluation of the OBD system of one or more production motorcycles (test 
motorcycles) and submit the results of the evaluation to the Executive Officer. The 
results  shall be submitted to: Chief, Emissions Certification and Compliance Division, 
4001 Iowa Avenue, Riverside, California 92507  or electronically at 
MotorcycleOBD@arb.ca.gov .
(B) Selection of Test Motorcycles .
1.Prior to submitting any applications for certification for a model year, a 
manufacturer shall notify the Executive Officer of the OBD families planned for that 
model year. The Executive Officer will then select the engine family(ies), in 
accordance with section 1958.2, subsections ( g)(1)(B)2. and ( g)(1)(B)3 , below, that 
the manufacturer shall use to provide evaluation test results. This selection process 
may take place during durability demonstration test motorcycle selection specified 
in EU 168/2013, Article 23, Section 3.
2.A manufacturer shall conduct the monitoring system evaluation as 
described in section 1958.2, subsection ( g)(1)(C) on one production motorcycle 
per engine family selected.
3.The Executive Officer may waive the requirements for submittal of 
evaluation results from one or more of the OBD families if data has been previously 
submitted for all of the engine families within that OBD family.
4.The Executive Officer shall not require mo re than two motorcycles to be 
tested per model year under this requirement  and shall not require more than one 
motorcycle to be tested per OBD family.
(C) Evaluation Requirements .  
1. The evaluation shall demonstrate the ability of the OBD system on the 
selected production motorcycle to detect a malfunction, illuminate the MIL, and 
store a confirmed fault code when a malfunction is present and the monitoring 
conditions have been satisfi ed for each individual diagnostic required by title 13, 
CCR section 1958.2.29
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Date of Hearing: January 25 , 202 4
2.The evaluation shall verify that malfunctions detected by non -MIL 
illuminating diagnostics of components used to enable any other OBD system 
diagnostic (e.g., fuel level sensor) will not inhibit the ability of other OBD system 
diagnostics to properly detect malfunctions.
3.On motorcycles so equipped, the evaluation shall verify that the software 
used to track the numerator and denominator for purposes of determining in -use 
monitoring frequency correctly increments as required in EU 44/2014, Annex XII, 
Appendix 1, section 4.
4.Malfunctions may be mechanically implanted or electronically simulated , 
except as noted in section 1958.2, subsection ( g)(1)(C)5.,  internal on -board 
computer hardware or software changes may not be used to simulate 
malfunctions. Emission testing to confirm that the malfunction is detected before 
the appropriate emission standards are exceeded is not required.
5.In conducting the fuel system demonstration tests, the manufacturer may 
use computer modifications to cause the fuel system to operate at the malfunction 
limit if the manufacturer can demonstrate that the computer modifications produce 
test results equivalent to an induced hardware malfunction.
6.Manufacturers shall submit a proposed test plan for Executive Officer 
approval prior to evaluation testing being performed  in accordance with section 
1958.2, subsection (g)(1)(E) . The test plan shall identify the method used to induce 
a malfunction in each diagnostic. If the Executive Officer determines that the 
requirements of section 1958.2, subsection ( g)(1) are satisfied, the proposed test 
plan shall be approved.
7.Subject to Executive Officer approval, manufacturers may omit 
demonstration of specific diagnostics. The Executive Officer shall approve a 
manufacturer's request if the demonstration cannot be reasonably performed 
without causing physical damage to the mot orcycle (e.g., on -board computer 
internal circuit faults) or jeopardizing the safety of personnel performing the 
demonstration.
8.Where feasible, manufacturers should conduct required verification 
testing on -road under normal driving conditions. If the manufacturer cannot 
conduct the required testing on -road, the manufacturer shall provide the Executive 30
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Officer with justification for conducting testing on a chassis dynamometer in lieu of 
on-road testing . 
(D) Manufacturers shall submit a report of the results of all testing conducted 
pursuant to section 1958.2, subsection ( g)(1) to the Executive Officer for review  in 
accordance with section 1958.2, subsection (g)(1)(E) . This report shall identify the 
method used to induce a malfunction in each diagnostic, the MIL illumination status, 
and the confirmed fault code(s) stored.
(E) The proposed test plan  and report of the results shall be submitted to: 
Chief, Emissions Certification and Compliance Division, 4001 Iowa Avenue, Riverside, 
California 92507  or electronically at  MotorcycleOBD@arb.ca.gov .
(F) In accordance with section 1958.2, subsection (f)(6), manufacturers may 
request Executive Officer approval for a retroactive deficiency to be granted for items 
identified during this testing.
(h) Communications to a Scan Tool .  
(1)For 2028 and subsequent model year motorcycles, manufacturers shall use 
one of the following standardized options  for communication of all required emission 
related messages from on -board to off -board network communications to a scan tool 
meeting SAE J1978 specifications:   
(A) SAE J1979 -2 with ISO 15765 -4:2016 “Road Vehicles -Diagnostic 
communication over Controller Area Network (DoCAN) - Part 4: Requirements for 
emissions -related systems”, April  2016, which is incorporated by reference herein .  
(B) SAE J1979 with ISO 15765 -4:201 6 “Road Vehicles -Diagnostic 
communication over Controller Area Network (DoCAN) - Part 4: Requirements for 
emissions -related systems”, April 2016.
(i)Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this 
article remains in full force and effect.  
 31
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Date of Hearing: January 25 , 202 4
NOTE: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104, 43105, 43105.5, 43106 and 43107 , Health and Safety Code. 
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 43013, 43016, 
43018, 43018.5, 43100, 43101, 43104, 43105,  43105.5, 43106, 43107, 43151, 43152, 
43153, 43154, 43205.5, 43211 and 43212, Health and Safety Code.
4. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958.3 to read as follows:
§ 1958.3.  Enforcement of Malfunction and Diagnostic System Requirements for 
202 8 and Subsequent Model -Year Class III Motorcycles.
(a) General . 
(1)Applicability . 
These procedures shall be used to assure compliance with the requirements of title 13,  
California Code of Regulations (CCR)  section 1958.2 for all 202 8 and subsequent 
model year Class III motorcycles equipped with OBD systems that have been certified 
for sale in California.
(2)Purpose.  
The purpose of this section is to assure that motorcycle s certified for sale in California 
are equipped with OBD systems that properly function and meet the purposes and 
requirements of title 13, CCR section 1958.2.
(3)Definitions.  
Unless otherwise specified in title 13, CCR section 1958.3, t he definitions applicable to 
these rules include those set forth in Health and Safety Code section 39010 et seq. , 
and in  title 13, CCR section 1900(b) . The following definitions are specifically 
applicable to title 13, CCR section 1958.3 and take precedence over any contrary 
definitions.
“Break -in-Period" means the period during which new motorcycle  engine s may 
experience higher internal friction between components, and manufacturers may  
recommend  that owners operate the motorcycle in a limited fashion  for some period32
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
or distance so these components can wear and polish themselves to the proper 
operating clearances . This may include avoiding use of full throttle , high engine 
speeds, high loads,  constant engine speed, aggressive starts, and rapid accelerations, 
etc.
“Days”   means normal business  days that a manufacturer is open for business  and will 
be used for computing any time period, unless otherwise noted .
“Deficient Emission Threshold Monitor”  means a component/system monitor certified 
with a deficiency (in accordance with title 13, CCR section 1958.2(f)) for not detecting a 
malfunction before emissions exceeded the malfunction criteria referenced in  title 13, 
CCR section 1958.2(b), which are specified in EU 168/2013, Annex VI, section (C2).
“Deficient In -Use Performance Monitor”  means a component/system monitor certified 
with a deficiency (in accordance with title 13, CCR section 1958.2(f)) for not meeting 
the minimum acceptable in -use monitor performance ratio specified under title 13, 
CCR section 1958.2(e)(1).
“EU 44/2014”  means “Commission Delegated Regulation (EU) No 44/2014 of 21 
November 2013 supplementing Regulation (EU) No 168/2013 of the European 
Parliament and of the Council with regard to the vehicle construction and general 
requirements for the approval of two - or three -wheel vehicles and quadricycles. 
02014R0044 — EN — 20.03.2018 ,” which is incorporated by reference herein .
“EU 168/2013”  means “Regulation (EU) No 168/2013 of the European Parliament and 
of the Council of 15 January 2013 on the approval and market surveillance of two - or 
three -wheel vehicles and quadricycles, 02013R0168 – EN – 14.11.2020 ,” which is 
incorporated by reference herein.
“Executive Officer”  means the Executive Officer of CARB or his or her authorized 
representative.
“Influenced OBD -Related Recall”  means an inspection, repair, adjustment, or 
modification program initiated and conducted by a manufacturer as a result of 
enforcement testing conducted by CARB , or any other information presented by 
CARB, for the purpose of correcting any nonconforming OBD system for which direct 
notification of motorcycle  owners is necessary.33
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Date of Hearing: January 25 , 202 4
“Major Monitor”  means Catalytic converter monitoring, EGR efficiency/flow monitoring, 
Misfire detection, N Ox aftertreatment system monitoring, Particulate filter monitoring, 
or Particulate matter (PM) emission monitoring, as specified in Annex XII, Table 12 -1 of 
EU 44/2014 , and Fuel system monitoring as specified in title 13, CCR section 
1958.2(b)(2 ).
“Manufacturer ” means the manufacturer granted certification to sell street -use 
motorcycles in the State of California.
“Motorcycle Enforcement Group ” means a group or set of motorcycle s subject to 
enforcement testing that have been determined by the Executive Officer to share 
common or similar hardware, software, OBD monitoring strategy, or emission control 
strategy.
“Nonconforming OBD System”  means an OBD system on a production motorcycle  that 
has been determined not to comply with the requirements of title 13, CCR section 
1958.2.  For purposes of title 13, CCR  section 1958.3, a motorcycle enforcement group  
shall be considered nonconforming irrespective of whether motorcycle s in the 
motorcycle enforcement group , on average, meet applicable tailpipe or evaporative 
emission standards.
“OBD Emission Testing”  refers to testing conducted to determine compliance with the 
malfunction criteria referenced in title 13, CCR section 1958.2(b), which are specified in 
EU 168/2013, Annex VI, section (C2) .
“OBD Ratio Testing”  refers to testing conducted to determine compliance with the 
required in -use monitor performance ratio in title 13, CCR section 1958.2(e)(1).
“Ordered OBD -Related Recall”  means an inspection, repair, adjustment, or 
modification program required by CARB to be conducted by the manufacturer to 
correct any nonconforming OBD system for which direct notification of motorcycle  
owners is necessary.
“Quarterly Reports”  refer to reports that manufacturers must submit in the following 
calendar periods: January 1 -- March 31; April 1 -- June 30; July 1 -- September 30; 
October 1 -- December 31.34
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Date of Hearing: January 25 , 202 4
“Test Sample Group”  means a group of production motorcycle s in a designated 
motorcycle enforcement group  that are equipped with OBD systems and are selected 
and tested as part of the enforcement testing program set forth in section 1958.3, 
subsections (b) and (c).
“Voluntary OBD -Related Recall”  means an inspection, repair, adjustment, or 
modification program voluntarily initiated and conducted by a manufacturer to correct 
any nonconforming OBD system for which direct notification of motorcycle  owners is 
necessary.
“World Harmonized Motorcycle Test Cycle (WMTC)”  refers to the chassis -
dynamometer test cycle referred to in  Annex II, Appendix 6, section (3)  of “Commission 
Delegated Regulation No 134/2014 of 16 December 2013 supplementing Regulation 
(EU) No 168/2013 of the European Parliament and of the Council with regard to 
environmental and propulsion unit performance requirements and amending Annex V 
thereof, 02014R0134 – EN – 20.03.2018 ,” (EU 134/2014), which is incorporated by 
reference.
(b) Testing Procedures for CARB -Conducted Testing . 
(1)Purpose.  
To assure that OBD systems on production motorcycles comply with the requirements 
of title 13, CCR section 1958.2, CARB may periodically evaluate motorcycles from a 
motorcycle enforcement group . For OBD systems that fail to meet requirements of title 
13, CCR section 1958.2 and for which the noncompliance has been granted a 
deficiency pursuant to the provisions of title 13, CCR section 1958.2(f), CARB may 
evaluate motorcycles with such OBD systems  to confirm that the details of the 
noncompliance are the same as those disclosed by the manufacturer at the time the 
deficiency was granted.
(2)Preliminary Testing and Evaluation.  
(A) As part of his or her evaluation of motorcycles to determine compliance 
with the requirements of  title 13, CCR section 1958.2, the Executive Officer may 
routinely conduct testing on any production motorcycle s that have been certified for 
sale in California.35
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Date of Hearing: January 25 , 202 4
(B) Based upon such testing or any other information, including data from 
warranty information reports and field information reports, the Executive Officer may 
conduct enforcement testing pursuant to section 1958.3, subsections (b)(3) through 
(b)(5) below.
(3)Motorcycle  Selection for CARB -Conducted Enforcement Testing.  
(A) Determining the Motorcycle Enforcement Group . 
1. Upon deciding to conduct enforcement testing, the Executive Officer 
shall determine the motorcycle enforcement group  to be tested. In determining 
the scope of the motorcycle enforcement group  to be tested, the Executive Officer 
shall consider the similarities and differences in the OBD systems of potentially 
affected motorcycle s. Among other things, the Executive Officer shall consider 
whether motorcycle s share similar hardware , software, OBD monitoring strategy, 
or emission control strategy .
2.The default motorcycle enforcement group  is the engine family or OBD 
family  used by the manufacturer to certify the motorcycle s to be tested. However, 
upon concluding that a subgroup of motorcycle s differs from other motorcycle s in 
the identified engine family or OBD family  and that a reasonable basis exists to 
believe that the differences may directly impact the type of testing that will be 
performed, the Executive Officer may determine that a subgroup of the engine 
family or  OBD family  is the appropriate motorcycle enforcement group  for testing.
3.Similarly, upon concluding that motorcycle s from several engine families 
or OBD families  (which may include engine families or OBD families  from different 
model years) share such common characteristics that a reasonable basis exists to 
believe that results of enforcement testing may be applicable to a motorcycle 
enforcement group  larger than a specific engine family or OBD family , the 
Executive Officer may determine that the appropriate motorcycle enforcement 
group  includes more than one engine family or OBD family .
(B) Size of Test Sample Group . After determining the motorcycle enforcement 
group  to be tested, the Executive Officer shall determine the appropriate number of 
motorcycles to include in the test sample group for enforcement testing in accordance 
with the following guidelines:  36
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Date of Hearing: January 25 , 202 4
1.For OBD emission and OBD ratio testing, the Executive Officer shall 
follow the provisions of title 13, CCR section 2137 regarding test sample size.  In 
accordance with section 2137, the Executive Officer shall test a minimum of 10 
motorcycle s that have been procured following the protocol of section 1958.3, 
subsection (b)(3)(C) below and meet the selection criteria of section 1958.3, 
subsection (b)(3)(D )1. below to determine the emissions characteristics of the 
motorcycle enforcement group  being tested.
2.In determining compliance with any other requirements of title 13, CCR 
section 1958.2 (e.g., diagnostic connector location, communication protocol 
standards, MIL illumination protocol, etc.), the Executive Officer shall determine, on 
a case -by-case basis, the number of motorcycle s meeting the selection criteria of 
section 1958.3, subsection (b)(3)(D )2 needed to assure that the results of such 
testing may be reasonably inferred to the motorcycle enforcement group . The 
Executive Officer's determination shall be based upon the nature of the 
nonconformance and the scope of the motorcycle enforcement group . The test 
sample group could be as few as two test motorcycle s.
(C) Protocol for Procuring Motorcycle s for Test Sample Group . 
1. For OBD emission and ratio testing, the Executive Officer shall determine 
the appropriate manner for procuring motorcycle s. In making their  determination, 
the Executive Officer shall consider the nature of the nonconformance and the 
scope of the motorcycle enforcement group . The method used shall ensure that 
motorcycle s are recruited from more than one source. Methods used may include 
obtaining lists of motorcycle  owners from specific sources (e.g., manufacturers, 
motorcycle  registration records) and soliciting participation from owners, or 
discussing with fleet or rental operations to locate motorcycle s in the motorcycle 
enforcement group . In selecting motorcycle s for OBD emission testing  and OBD 
ratio testing, the Executive Officer shall include only motorcycle s meeting the 
criteria set forth in section 1958.3, subsection (b)(3)(D )1 below.
2.For all other testing  (e.g., OBD functionality testing, verification of 
readiness status requirements, verification of compliance with OBD 
communications protocols ), the Executive Officer shall, on a case -by-case basis, 
determine the appropriate manner for procuring motorcycle s. In making their  
determination, the Executive Officer shall consider the nature of the 
nonconformance and the scope of the motorcycle enforcement group . The 
Executive Officer may procure motorcycle( s) by any means that assures effective 37
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
collection and testing of motorcycle s (e.g., rental car agencies, fleet motorcycle s, 
etc.), but shall not include any motorcycle for which a reasonable basis exists that a 
motorcycle  operator's driving or maintenance habits would substantially impact 
test results to determine nonconformance. In all cases, however, the selection 
process must ensure proper selection of motorcycle s in accord with section 
1958.3, subsection (b)(3)(D )2. below.
(D) Motorcycle s to be included in a Test Sample Group.  
1. In selecting motorcycle s to be included in a test sample group for 
enforcement of OBD emission testing  and OBD ratio testing , the Executive Officer 
shall include only motorcycle s that:  
a.Are certified to the requirements of  title 13, CCR section 1958.2 and 
California exhaust emission standards.
b.Are registered for operation in California.
c.Have mileage that is less than 75 percent of the certified full useful life 
mileage and have an age of less than the certified full useful life age for the 
subject motorcycle s. For OBD ratio testing,  test motorcycles  shall have traveled 
at least 1 ,000 miles  beyond the manufacturer’s recommended break -in period  
(a.k.a running -in period) , if applicable , to ensure the motorcycle s have collected 
sufficient vehicle operation data for the monitor to be tested .
d.Have not been tampered with or equipped with add -on or modified 
parts as de scribed in title 13, CCR, section 27156 , that would cause the OBD 
system not to comply with the requirements of title 13, CCR section 1958.2 or 
would have a permanent effect on exhaust emission performance .
e.Have not been subjected to abuse (e.g., racing, overloading, 
misfueling), neglect, improper maintenance, or other factors that would cause 
the OBD system not to comply with the requirements of title 13, CCR section 
1958.2 or would have a permanent effect o n exhaust emission performance.
f.Have no detected or known malfunction(s) unrelated to the monitor 
or system being evaluated that would affect the performance of the OBD 
system. At its discretion, CARB may elect to repair a  motorcycle  with a detected 38
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
or known malfunction and then include the motorcycle  in the test sample 
group.
g.Have had no major repair to the motorcycle  resulting from a collision.
h.Have no problem that might jeopardize the safety of laboratory 
personnel.
2.In selecting motorcycle s to be included in a test sample group for 
enforcement testing of any other requirement of title 13, CCR section 1958.2 (not 
covered by section 1958.3 , subsection  (b)(3)(D )1.), the Executive Officer shall 
include only motorcycle s that:  
a.Are certified to the requirements of title 13, CCR section 1958.2.
b.Have not been tampered with or equipped with add -on or modified 
parts as de scribed  in title 13, CCR, section 27156 , that would cause the OBD 
system not to comply with the requirements of title 13, CCR section 1958.2.
c.Have no detected or known malfunction(s) unrelated to the monitor 
or system being evaluated that would affect the performance of the OBD 
system. At its discretion, CARB may elect to repair a  motorcycle  with a detected 
or known malfunction and then include the motorcycle  in the test sample 
group.
d.Have mileage and age that are less than or equal to the certified full 
useful life mileage and age for the subject motorcycle s.
3.If the Executive Officer discovers, by either evidence presented by the 
manufacturer as provided in section 1958.3, subsection (b)(7) or on their  own, that 
a motorcycle  fails to meet one or more of the applicable criteria of section 1958.3, 
subsection s (b)(3)(D )1. through ( b)(3)(D )2., the Executive Officer shall remove the 
motorcycle  from the test sample group. The Executive Officer may replace any 
motorcycle  removed with an additional motorcycle  selected in accordance with 
section 1958.3, subsections (b)(3)(C) and (b)(3) (D) above. Test results relying on 
data from the removed motorcycle  shall be recalculated without using the data 
from the removed motorcycle . 39
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Date of Hearing: January 25 , 202 4
(4)Enforcement Testing Procedures.  
(A) Prior to conducting any testing under section 1958.3, subsection (b)(4), the 
Executive Officer may replace components monitored by the OBD system with 
components that are sufficiently deteriorated or simulated to cause malfunctions that 
exceed the malfunction criteria established pursuant to title 13, CCR section 1958.2(b) 
in a properly operating system.  The Executive Officer may not use components 
deteriorated or simulated to represent failure modes that could not have been 
foreseen to occur by the manufacturer (e.g., the use of leaded gasoline in an unleaded 
gasoline engine, etc.). Upon request by the Executive Officer, the manufacturer shall 
make available any of the following:  
1. All test equipment used by the manufacturer in development, calibration, 
or demonstration testing (e.g., malfunction simulators, deteriorated “threshold” 
components, etc.) necessary to duplicate testing done by the manufacturer to 
determine the malfunction  criteria used for major monitors (Catalytic converter 
monitoring, EGR efficiency/flow monitoring, Misfire detection, NOx aftertreatment 
system monitoring, Particulate filter monitoring, or Particulate matter (PM) emission 
monitoring, as specified in Annex  XII, Table 12 -1 of EU 44/2014, and Fuel system 
monitoring as specified in title 13, CCR section 1958.2(b)(2) ) subject to OBD 
emission testing.
2.Complete software design description documentation, specifications, and 
source code of the engine control unit and any other on -board electronic 
powertrain control unit . The manufacturer shall provide the descriptions and 
specifications in English.
3.A complete list and description of all control unit variables available for 
real-time display and data logging, as well as all calibration maps, curves, and 
constants used in the software.  The manufacturer shall provide the list and 
descriptions in English. 
4.A data acquisition device with real -time display and data logging 
capability of any and all  control unit variables used in calibration. These variables 
shall be provided in the same engineering units used during calibration. The data 
acquisition device shall include, but may not be limited to, an engineering and 
calibration tool used during cont rol unit software development and calibration.40
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
5.A method to unlock any production or prototype control unit to allow 
real-time display and data logging of any and all variables used during calibration .
(B) OBD Emission Testing. After the test sample group has been selected and 
procured, the Executive Officer may perform one or more of the following tests:  
1. Emission testing with the test procedures used by the Executive Officer 
for in -use testing of compliance with exhaust emission standards in accordance 
with title 13, CCR sections 2138 and 2139.
2.Chassis dynamometer or on -road testing with the motorcycle  being 
operated in a manner that reasonably ensures that all of the monitoring conditions 
disclosed in the manufacturer's certification application for the tested monitor are 
encountered.
(C) OBD Ratio Testing.  For OBD ratio testing of monitors required to meet the 
in-use monitor performance ratio and track and report ratio data pursuant to title 13, 
CCR section 1958.2(e), after the test sample group has been selected and procured, 
the Executive Officer shall download the data from monitors required to track and 
report such data.
(D) Testing for compliance with any other requirement of title 13, CCR section 
1958.2.  After the test sample group has been selected and procured, the Executive 
Officer may perform one or more of the following tests:
1.On-road or dynamometer testing with the vehicle being driven in a 
manner that reasonably ensures that all of the monitoring conditions disclosed in 
the manufacturer's certification application for the tested monitor are encountered ; 
or
2.Any other testing determined to be necessary by the Executive Officer. 
This may include, but is not limited to, the use of special test equipment to verify 
compliance with standardization requirements.
(5)Additional Testing.  41
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(A) Based upon testing of the motorcycle enforcement group  in section 
1958.3, subsection (b)(4) above and after review of all evidence available at the 
conclusion of such testing, the Executive Officer may elect to conduct further testing of 
a subgroup of motorcycle s from the motorcycle enforcement group  if the Executive 
Officer has determined that:  
1. A subgroup of tested motorcycle s differs sufficiently enough from other 
motorcycle s in the tested motorcycle enforcement group , and
2.A reasonable basis exists to believe that the identified differences may 
indicate that the subgroup may be nonconforming whereas the tested motorcycle 
enforcement group  as a whole is not.
(B) All references to motorcycle enforcement group  shall be applicable to the 
subgroup meeting the conditions of  section 1958.3,  subsection (b)(5)(A) above.
(C) In any testing of a subgroup of motorcycle s under 1958.3, subsection 
(b)(5), the Executive Officer shall follow the motorcycle  selection and testing 
procedures set forth in section 1958.3, subsections (b)(3) and (b)(4) above.
(6)Finding of Nonconformance after Enforcement Testing.  After conducting 
enforcement testing pursuant to section 1958.3, subsection (b)(4) and (b)(5) above, the 
Executive Officer shall make a finding of nonconformance of the OBD system in the 
identified motorcycle enforcement group  under the respective tests for the applicable 
model year(s) if: 
(A) OBD Emission Testing.  
1. For 2028 and subsequent model year motorcycle s: 
a.For m otorcycles certified under the requirements of title 13, CCR 
section 1958.2 , the emission test results indicate that 50 percent or more of the 
motorcycles in the test sample group do not properly illuminate the MIL when 
emissions exceed the OBD emissions thresholds referenced in section 1958.2 , 
subsection (b).42
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Date of Hearing: January 25 , 202 4
b.In determining a  motorcycle  to be nonconforming, the Executive 
Officer shall use the test cycle and standard specified for certification in title 13, 
CCR sections 1958 , subsection (h) and 1958.2.
2.The Executive Officer may not consider an OBD system nonconforming 
solely due to a failure or deterioration mode of a monitored component or system 
that could not have been reasonably foreseen to occur by the manufacturer.  
(B) OBD Ratio Testing.  For 2028 and subsequent model year motorcycles 
certified to a ratio of 0.100 in accordance with title 13, CCR section 1958.2(e), the data 
collected from the motorcycles in the test sample group indicate either that the 
average in -use monitor performance r atio for one or more of the monitors in the test 
sample group is less than 0.088 or that 66.0 percent or more of the motorcycles in the 
test sample group have an in -use monitor performance ratio of less than 0.100 for the 
same monitor.
(C) All Other OBD Testing.
1.The results of the testing indicate that at least 30 percent of the 
motorcycle s in the test sample group do not comply with one or more of the 
requirement s of title 13, CCR section 1958.2.
2.The results of the testing indicate that at least 30 percent of the 
motorcycles in the test sample group do not comply with one or more of the 
requirements of title 13, CCR section 1958.2 while the motorcycle is running and 
while in the key on, engine off position such that off -board equipment designed to 
access the fo llowing parameters via the standards referenced in title 13, CCR 
section 1958.2 for 2028 and subsequent model year motorcycles cannot obtain 
valid and correct data for the following parameters:
a.The current readiness status from all on -board computers required to 
support readiness status in accordance with SAE International (SAE) J1979 (SAE 
J1979) as incorporated by reference in title 13, CCR section 1958.2, or SAE 
International (SAE) J1979 -2 (SAE  J1979 -2) as incorporated by reference in title 
13, CCR section 1958.2;
b.The current fault code(s) in accordance with EU 44/2014 Annex XII, 
Appendix 1, Section 3.11;43
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Date of Hearing: January 25 , 202 4
c.All other applicable OBD parameters required by title 13, CCR 
section 1958 .2 and EU 44/2014. 
3.If the finding of nonconformance under section 1958.3, subsection 
(b)(6)(C) 1. above concerns motorcycle s that do not comply with the requirements 
of title 13, CCR section 1958.2( e) (e.g.,  numerators or denominators are not 
properly being incremented), it shall be presumed that the nonconformance would 
result in an OBD ratio enforcement test result that would be subject to an ordered 
OBD -related recall in accord ance  with the criterion in 1958.3, subsection ( c)(3)(A) 1. 
The manufacturer may rebut such a presumption by presenting evidence in 
accord ance  with section 1958.3, subsection (b)(7)(C) 3. below that demonstrates to 
the satisfaction of the Executive Officer that the identified nonconformance would 
not result in an ordered OBD - related recall under subsection ( c)(3)(A) 1. 
(7)Executive Officer Notification to the Manufacturer Regarding Determination of 
Nonconformance.  
(A) Upon making the determination of nonconformance in section 1958.3, 
subsection (b)(6) above, the Executive Officer shall notify the manufacturer in 
writing.   
(B) The Executive Officer shall include in the notice:  
1. Adescription of each group or set of motorcycle s in the motorcycle 
enforcement group  covered by the determination;  
2.The factual basis for the determination, including a summary of the test 
results relied upon for the determination;  
3.A statement that the Executive Officer shall provide to the manufacturer, 
upon request and consistent with the California Public Records Act, Government 
Code section 7920.000 et seq., all records material to the Executive Officer's 
determination;  
 
4.A provision allowing the manufacturer no less than 90 calendar days from 
the date of issuance of the notice to provide the Executive Officer with any 
information contesting the findings set forth in the notice; and  44
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
5.A statement that if a final determination is made that the motorcycle 
enforcement group  is equipped with a nonconforming OBD system, the 
manufacturer may be subject to appropriate remedial action, including recall and 
monetary penalties.
(C) Within the time period set by the Executive Officer in section 1958.3, 
subsection (b)(7)(B )4. and any extensions of time granted under section 1958.3, 
subsection (b)(7)(H), the manufacturer shall provide the Executive Officer, 
consistent with section 1958.3, subsections (b)(7)(C )1. Through (b)(7)(C )3. 
Below, with any test results, data, or other information derived from motorcycle  
testing that may rebut or mitigate the results of CARB testing, including any 
evidence that a motorcycle enforcement group , if determined to be 
nonconforming, should be exempted from mandatory recall. (See section 
1958.3, subsection ( c)(3) below.)
1.For OBD emission testing and OBD ratio testing:  
a.The manufacturer may submit evidence to demonstrate that 
motorcycle s in the test sample group used by the Executive Officer were 
inappropriately selected, procured, or tested in support of a request to have 
motorcycle s excluded from the test sample group in accordance with 1958.3, 
subsection (b)(3)(D )3;
b.If the manufacturer elects to conduct additional testing of motorcycle s 
in the motorcycle enforcement group  and submit the results of such testing to 
the Executive Officer, the manufacturer shall:
i.Present evidence that it has followed the procurement and test 
procedures set forth in section 1958.3, subsections (b)(3) and (b)(4) above, 
or
ii.If the manufacturer elects to use different procurement and testing 
procedures, submit a detailed description of the procedures used and 
evidence that such procedures provide an equivalent level of assurance that 
the results are representative of the motorcycle enforcement group .
2.If the manufacturer objects to the size of the test sample group or the 
method used to procure motorcycle s in the test sample group used by the 45
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Executive Officer pursuant to section 1958.3, subsection (b)(3)(B )1. or (b)(3)(C )1., 
the manufacturer shall set forth what it considers to be the appropriate size and 
procurement method, the reasons for its assertion , and test data from motorcycle s 
that confirm the manufacturer's position.
3.If the manufacturer elects to present evidence to overcome the 
presumption of nonconformance in section 1958.3, subsection (b)(6)(C )3. above, 
the manufacturer shall demonstrate that the motorcycle s in the motorcycle 
enforcement group  comply with in -use monitor performance ratio requirements of 
title 13, CCR section 1958.2(e ) by presenting:
a.Evidence in accord with the procurement and testing requirements of 
section 1958.3, subsections (b)(3) and (b)(4).
b.Any other evidence that provides an equivalent level of proof that 
motorcycle s operated in California comply with the in -use monitor performance 
ratio requirements.
(D) The Executive Officer may accept any information submitted by a 
manufacturer pursuant to section 1958.3, subsection (b)(7)(C) above after the 
time established for submission of such information has passed if the 
manufacturer could not have reasonably foreseen the need for providing the 
information within the time period provided. Otherwise, the Executive Officer  is 
not required to accept late information. In determining whether to accept late 
information, the Executive Officer will consider the lateness of the submission, 
the manufacturer's reasons for why such information was not timely presented, 
the materiality of the information to the Executive Officer's final determination, 
and what effect any delay may have on effective enforcement and the health 
and welfare of the State.
(E) The requirements of section 1958.3, subsection (b)(7) shall not be construed 
to abridge the manufacturer's right to assert any privilege or right provided 
under California law.
(F) After receipt of any information submitted by the manufacturer pursuant to 
subsection (b)(7)(C) above, the Executive Officer shall consider all information 
submitted by the manufacturer and may conduct any additional testing that he or 
she believes is necessary.46
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(G)The information  shall be submitted to: Chief, Emissions Certification and 
Compliance Division, 4001 Iowa Avenue, Riverside, California 92507  or 
electronically at MotorcycleOBD@arb.ca.gov  
 
(H) Final Determination.  
1. Within 60 calendar days after completing any additional testing that the 
Executive Officer deemed necessary under section 1958.3, subsection (b)(7)(F) 
above, the Executive Officer shall notify the manufacturer of their  final 
determination regarding the finding of nonconformity of the OBD system in the 
motorcycle enforcement group . The determination shall be made after considering 
all of  the information collected and received, including all information that has 
been received from the manufacturer.
2.The notice must include a description of each motorcycle enforcement 
group , OBD family (ies), engine family(ies) or subgroups thereof, that has been 
determined to have a nonconforming OBD system and set forth the factual bases 
for the determination.
(I) Extensions. The Executive Officer may for good cause extend the time requirements set 
forth in section 1958.3, subsection (b)(7). In granting additional time to a manufacturer, 
the Executive Officer shall consider, among other things, any documentation submitted 
by the manufacturer regarding the time that it reasonably believes is necessary to 
conduct its own testing,  why such information could not have been more expeditiously 
presented, and what effect any delay caused by granting the extension may hav e on 
effective enforcement and the health and welfare of the State. The Executive Officer shall 
grant a manufacturer a reasonable extension of time upon the manufacturer providing 
the documentation in this subsection and demonstrating that despite the exercise of 
reasonable diligence, the manufacturer has been unable to produce relevant evidence in 
the time initially provided.
(c) Remedial Action . 
(1)Voluntary OBD -Related Recalls . If a manufacturer initiates a voluntary OBD -
related recall campaign, the manufacturer shall notify the Executive Officer of the recall at 
least 45 calendar days before owner notification is to begin. The manufacturer shall also 47
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
submit a voluntary OBD -related recall plan for approval, as prescribed under section 
1958.3, subsection (d)(1) below. A voluntary recall plan shall be deemed approved unless 
disapproved by the Executive Officer within 30  calendar  days after receipt of the 
complete  recall plan . 
(2)Influenced OBD -Related Recalls .
(A) Upon being notified by the Executive Officer, pursuant to section 1958.3, 
subsection (b)(7)( H), that a motorcycle enforcement group  is equipped with a 
nonconforming OBD system, the manufacturer may, within 45 calendar days from the 
date of service of such notification, elect to conduct an influenced OBD -related recall 
of all motorcycle s within the motorcycle enforcement group  for the purpose of 
correcting the nonconforming OBD systems. Upon such an election, the manufacturer 
shall submit an influenced OBD -related recall plan for approval, as prescribed under 
section 1958.3, subsection (d)(1) below.
(B) If a manufacturer does not elect to conduct an influenced OBD -related 
recall under section 1958.3, subsection (c)(2)(A) above, the Executive Officer may 
order the manufacturer to undertake appropriate remedial action, up to and including 
the recall and repair of the nonconforming OBD systems.
(3)Ordered Remedial Action -Mandatory Recall . 
(A) Except as provided in section 1958.3, subsection (c)(3)(B) below, the 
Executive Officer shall order the recall and repair of all motorcycle s in a motorcycle 
enforcement group  that have been determined to be equipped with a nonconforming 
OBD system if enforcement testing conducted pursuant to section 1958.3, subsection 
(b) above or information received from the manufacturer indicates any of the 
following:  
1. For monitors on 2028 and subsequent model year motorcycles certified 
to the ratios in title 13, CCR section 1958.2(e)(1), the average in -use monitor 
performance ratio for one or more of the major monitors ( Catalytic converter 
monitoring, EGR efficiency/flow monitoring, Misfire detection, NOx aftertreatment 
system monitoring, Particulate filter monitoring, or Particulate matter (PM) emission 
monitoring ), as specified in Annex XII, Table 12 -1 of EU 44/2014  in the test sample 
group is less than 0.088 or 66.0 p ercent or more of the motorcycles in the test 
sample group have an in -use monitor performance ratio of less than or equal to 48
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
0.100, the Executive Officer shall determine the remedial action for 
nonconformances regarding the in -use monitor performance ratio in accordance 
with section 1958.3, subsection (c)(4) below.
2.Except as provided in section 1958.3, subsection (c)(3)(A )2.a. below, 
when the motorcycle is tested on -road, and driven so as to reasonably encounter 
all monitoring conditions disclosed in the manufacturer's certification application, 
the OBD system is unable to detect and  illuminate the MIL for a malfunction of a 
component/system monitored by a major monitor prior to emissions exceeding 
the malfunction criteria  defined  in title 13, CCR section 1958.2(a), a recall would be 
required. CARB staff may opt to perform this testing on chassis -dynamometer as an 
alternative to on -road, if on-road testing cannot be performed safely.
a.For purposes of the emission exceedance determination, carbon 
monoxide (CO) emissions are not considered.  
3.When the motorcycle is tested on -road and driven so as to reasonably 
encounter all monitoring conditions disclosed in the manufacturer's certification 
application, the OBD system cannot detect and illuminate the MIL for a malfunction 
of a component that ef fectively disables a major monitor and the major monitor, by 
being disabled, meets the criteria for recall identified in section 1958.3, subsection 
(c)(3)(A )2. above (e.g. is unable to detect and illuminate the MIL for malfunctions 
that cause World Motorcy cle Test Cycle (WMTC ) emissions to exceed two times the 
malfunction criteria). CARB staff may opt to perform this testing on chassis -
dynamometer as an alternative to on -road, if on -road testing cannot be performed 
safely.
4.The motorcycle enforcement group  cannot be tested so as to obtain valid 
test results in accordance with the criteria identified in section 1958.3, subsection 
(b)(6)(C )2. due to the nonconforming OBD system.
(B) A motorcycle enforcement group  shall not be subject to mandatory recall 
if the Executive Officer determines that any of the following conditions are met, even 
though a monitor meets a criterion set forth in section 1958.3, subsection s (c)(3)(A )1. 
through (c)(3)(A )4. for mandatory recall:  
1. The OBD system can still detect and illuminate the MIL for all malfunctions 
monitored by the nonconforming monitor (e.g., monitor "A" is non -functional but 49
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Date of Hearing: January 25 , 202 4
monitor "B" is able to detect all malfunctions of the component(s) monitored by 
monitor "A" ).
2.The monitor meets the criterion solely due to a failure or deterioration 
mode of a monitored component or system that could not have been reasonably 
foreseen to occur by the manufacturer.
3.The failure or deterioration of the monitored component or system that 
cannot be properly detected causes the motorcycle  to be undriveable (e.g., 
motorcycle  stalls continuously or the transmission will not shift out of first gear, etc.) 
or causes an overt indication such that the driver is certain to respond and have the 
problem corrected (e.g., illumination of an over -temperature warning light or 
charging sy stem light that uncorrected will result in an undriveable motorcycle , 
etc.).
(C) A motorcycle enforcement group  that is not subject to mandatory recall 
pursuant to section 1958.3, subsection (c)(3) (B) above may still be subject to remedial 
action pursuant to section 1958.3, subsection (c)(4) below.  
(4)Other Ordered Remedial Action . 
(A) If the Executive Officer has determined based upon enforcement testing 
conducted pursuant to section 1958. 3, subsection (b) above or information received 
from the manufacturer that a motorcycle enforcement group  is equipped with a 
nonconforming OBD system and the nonconformance does not fall within the 
provisions of section 1958.3, subsection (c)(3)(A) above, they  may require the 
manufacturer to undertake remedial action up to and including recall of the affected 
motorcycle enforcement group .
(B) In making their  findings regarding remedial action, the Executive Officer 
shall consider the capability of the OBD system to properly function. This 
determination shall be based upon consideration of all relevant circumstances 
including, but not limited to, those set for th below.
1.Whether the manufacturer identified and informed CARB about the 
nonconformance(s) or whether CARB identified the nonconformance(s) prior to 
being informed by the manufacturer.50
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Date of Hearing: January 25 , 202 4
2.The number of nonconformances.
3.If the identified nonconformance(s) is with a major monitor(s), the nature 
and extent of the nonconformance(s), including:
a.the degree to which the in -use monitor performance ratio(s) is below 
the required ratio(s) specified in title 13, CCR section 1958.2( e)(1), and
b.the amount of the emission exceedance(s) over the established 
malfunction criteria set forth in title 13, CCR section 1958.2(b) before a 
malfunction is detected and the MIL is illuminated.
4.If the identified nonconformance(s) is with a non -major monitor the nature 
and extent of the nonconformance(s), including  all of the following : 
a.the degree to which the in -use monitor performance ratio(s) (where 
applicable) is below the required ratio(s) specified in title 13, CCR section 
1958.2( e)(1),
b.the degree to which the monitored component must be 
malfunctioning or exceed the established malfunction criteria set forth in title 
13, CCR section 1958.2(b) before a malfunction is detected and the MIL is 
illuminated, and
c.the effect that the nonconformance(s) has on the operation of a major 
monitor(s).
5.The impact of the nonconformance on motorcycle  owners (e.g., cost of 
future repairs, driveability, etc.) and the ability of the service and repair industry to 
make effective repairs (e.g., difficulty in accessing fault information, diagnosing the 
root cause of a failure, etc.).
6.The failure of the data link connector of the motorcycle enforcement 
group  to meet the requirements of title 13, CCR section 1958.2( b).
7.The estimated frequency that a monitor detects a malfunction and 
illuminates the MIL when no component malfunction is present (i.e., false MILs).51
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
8.The estimated frequency that a monitor fails to detect a malfunction and 
illuminate the MIL when the monitoring conditions, as set forth in the 
manufacturer's approved certification application, have been satisfied and a faulty 
or deteriorated monitored co mponent is present (i.e., false passes).
9.Whether the manufacturer submitted false, inaccurate, or incomplete 
documentation regarding the identified nonconformance at the time of 
certification pursuant to title 13, CCR section 1958.2( d) and the extent to which the 
false, inaccurate, or incomplete documentation was material to the granting of 
certification.
(C) In making the determination, the average tailpipe and evaporative 
emissions of motorcycle s within the affected motorcycle enforcement group  shall not 
be considered.  
(5)Assessment of Monetary Penalties .  
The Executive Officer may seek penalties pursuant to the applicable provisions of the 
Health and Safety Code for violations of the requirements of title 13, CCR section 
1958.2 or for production motorcycle s otherwise failing to be equipped with OBD 
systems that have been certified by CARB .
(6)Notice to Manufacturer for an Ordered Remedial Action . 
(A) The Executive Officer shall notify the manufacturer within 15 calendar days 
of the Executive Officer determining the type of remedial action to be taken.
(B) For remedial actions other than the assessment of monetary penalties, the 
notice must:
1.specifically set forth the remedial action that is being ordered,
2.include a description of the motorcycle enforcement group (es), OBD 
family (ies), engine family(ies) or subgroup(s) thereof, that has been determined to 
have a nonconforming OBD system,
3.set forth the factual bases for the determination, and52
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
4.designate a date at least 45 calendar days from the date of receipt of such 
notice by which the manufacturer shall submit a plan, pursuant to section 1958.3, 
subsection (d)(1) below, outlining the remedial action to be undertaken consistent 
with the Executive Officer's order. Except as provided in section 1958.3, subsection 
(c)(7)(C) below, all plans shall be submitted to the Chief, Emissions Certification 
and Compliance Division , 4001  Iowa  Avenue, Riverside,  California 92507 , within 
the time limit specified in the notice. The Executive Officer may grant the 
manufacturer an extension of time for good cause.
(7)Availability of Administrative  Hearing to Contest Remedial Actions Other than 
Determination to Seek Monetary Penalties . 
(A) Within 45 calendar days from the date of receipt of the notice that is 
required under section 1958.3, subsection (c)(6) above, the manufacturer may request 
an administrative hearing pursuant to the procedures set forth in title 17, CCR section 
60055.1, et seq., to contest the findings of nonconformity, or the necessity for, or the 
scope of any ordered remedial action. 
(B) If a manufacturer requests a hearing pursuant to section 1958.3, 
subsection (c)(7)(A) above and if the Executive Officer ’s determination of 
nonconformity is confirmed at the hearing, the manufacturer shall submit the required 
remedial action plan in accordance with section 1958.3, subsection (d)(1) below within 
30 calendar days after receipt of the decision.
(d) Requirements for Implementing Remedial Actions  
(1)Remedial Action Plans . 
(A) A manufacturer initiating a remedial action (voluntary, influenced, or 
ordered)  in section 1958.3, subsection (c) , other than payment of monetary penalties, 
shall develop a remedial action plan that contains the following information, unless 
otherwise specified:  
1. A description of each motorcycle enforcement group , engine family , OBD 
family , or subgroup thereof covered by the remedial action, including the number 
of motorcycle s, the engine families, or subgroups within the identified class(es), the 
make(s), model(s), and model years of the covered  motorcycle s, and such other 
information as may be required to identify the covered motorcycle s.53
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
2.A description of the nonconforming OBD system and, in the case of a 
recall (whether voluntary, influenced, or ordered), the specific modifications, 
alterations, repairs, adjustments, or other changes to correct the nonconforming 
OBD system, including data or an engineering evaluation supporting the specific 
corrections.
3.A description of the method that the manufacturer will use to determine 
the names and addresses of motorcycle  owners and the manufacturer ’s method 
and schedule for notifying the service facilities and motorcycle  owners of the 
remedial action.
4.A copy of all instructions that the manufacturer will use to notify service 
facilities about the required remedial action and the specific corrections, if any, that 
will be required to be made to the nonconforming OBD systems.
5.A description of the procedure to be followed by motorcycle  owners to 
obtain remedial action for the nonconforming OBD system. This must include the 
date, on or after which the owner can have required remedial action performed, 
the time reasonably necessary to perform the labor to remedy the nonconformity, 
and the  designation of facilities at which the nonconformity can be remedied.
6.If some or all of the nonconforming OBD systems are to be remedied by 
persons other than dealers or authorized warranty agents of the manufacturer, a 
description of such class of service agents and what steps, including a copy of all 
instructions mailed to  such service agents, the manufacturer will take to assure that 
such agents are prepared and equipped to perform the proposed remedial action.
7.A copy of the letter of notification to be sent to motorcycle  owners.
8.A proposed schedule for implementing the remedial action, including 
identified increments of progress towards full implementation.
9.A description of the method that the manufacturer will use to assure that 
an adequate supply of parts , if applicable,  will be available to initiate the remedial 
action campaign on the date set by the manufacturer and that an adequate supply 
of parts will continue to be available throughout the campaign.54
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
10. A description and test data of the emission impact, if any, that the 
proposed remedial action may cause to a representative motorcycle  from the 
motorcycle enforcement group  to be remedied.
11. A description of the impact, if any, and supporting data or an 
engineering evaluation, that the proposed remedial action will have on fuel 
economy, drivability , performance, and safety of the motorcycle enforcement 
group  covered by the remedial action.
12. Any other information, reports, or data which the Executive Officer may 
reasonably determine to be necessary to evaluate the remedial action plan.
(B) Submission of Remedial Action Plans. All remedial action plans  shall be 
submitted to: Chief, Emissions Certification and Compliance Division, 4001 Iowa 
Avenue, Riverside, California 92507  or electronically at MotorcycleOBD@arb.ca.gov .
(C) Approval and Implementation of Remedial Action Plans .
1.If the Executive Officer finds that the remedial action plan is designed 
effectively to address the required remedial action and complies with the 
provisions in section 1958.3, subsection (d)(1)(A) above, they  shall notify the 
manufacturer in writing within 30 days of receipt of the plan that the plan has been 
approved.
2.The Executive Officer shall approve a voluntary, influenced, or ordered 
remedial action plan if the plan contains the information specified in section 
1958.3, subsection (d)(1)(A) above and is designed to notify the motorcycle  owner 
and implement the remedial action in an expeditious manner.
3.In disapproving an ordered remedial action plan, the Executive Officer 
shall notify the manufacturer in writing of the disapproval and the reasons for the 
determination. The manufacturer shall resubmit a revised remedial action plan that 
fully addresses th e reasons for the Executive Officer ’s disapproval within 10 days of 
receipt of the disapproval notice.
4.Upon receipt of the approval notice of the ordered remedial action plan 
from the Executive Officer, the manufacturer shall, within calendar 45 days of 55
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
receipt of the notice, begin to notify motorcycle  owners and implement the 
remedial action campaign.
5.If the Executive Officer disapproves a voluntary or influenced remedial 
action plan, the manufacturer shall either accept the proposed modifications to the 
plan as suggested by the Executive Officer, resubmit a revised remedial action 
plan that fully addre sses the reasons for the Executive Officer ’s disapproval within 
30 calendar days, or be subject to an Executive Officer order that the manufacturer 
undertake appropriate remedial action pursuant to section 1958.3, subsection 
(c)(2)(B) above.
6.Upon receipt of the voluntary or influenced remedial action approval 
notice from the Executive Officer, the manufacturer shall begin to notify motorcycle  
owners and implement the remedial action campaign according to the schedule 
indicated in the remedial action plan.
(2)Eligibility for Remedial Action.  
(A) The manufacturer may not condition a motorcycle  owner ’s eligibility for 
remedial action required under title 13, CCR section 1958.3 on the proper 
maintenance or use of the motorcycle .
(B) The manufacturer shall not be obligated to repair a component which has 
been modified or altered such that the remedial action cannot be performed without 
additional cost.
(3)Notice to Owners.  
(A) The manufacturer shall notify owners of motorcycle s in the motorcycle 
enforcement group  covered by the remedial order. The notice must be made by first -
class mail or by such other means as approved by the Executive Officer. When 
necessary, the Executive Officer may require the use of certified mail for ordered 
remedial actions to assure effe ctive notification.
(B) The manufacturer shall use all reasonable means necessary to locate 
motorcycle  owners, including motor motorcycle  registration lists available from the 
California Department of Motor Vehicles and commercial sources such as R.L. Polk & 
Co.56
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(C) The notice must contain the following:
1.For ordered remedial actions, a statement: "The California Air Resources 
Board has determined that your ( motorcycle  or engine) (is or may be) equipped 
with an improperly functioning on -board emission -related diagnostic system that 
violates established standards and regulations that were adopted to protect your 
health and welfare from the dangers of air pollution."
2.For voluntary and influenced remedial actions, a statement: "Your 
(motorcycle  or engine) (is or may be) equipped with an improperly functioning on -
board emission -related diagnostic system that violates California standards and 
regulations" if applicable as determined by the Executive Officer.
3.A statement that the nonconformity of any such motorcycle s will be 
remedied at the expense of the manufacturer.
4.A statement that eligibility for remedial action may not be denied solely 
on the basis that the motorcycle  owner used parts not manufactured by the 
original equipment motorcycle  manufacturer, or had repairs performed by outlets 
other than the motorcycle  manufacturer's franchised dealers.
5.Instructions to the motorcycle  owners on how to obtain remedial action, 
including instructions on whom to contact (i.e., a description of the facilities where 
the motorcycle s should be taken for the remedial action), the first date that a 
motorcycle  may be brought in for remedial action, and the time that it will 
reasonably take to correct the nonconformity.
6.The statement: "In order to assure your full protection under the emission 
warranty provisions, it is recommended that you have your ( motorcycle  or engine) 
serviced as soon as possible. Failure to do so could be determined as lack of 
proper maintenance of your ( motorcycle  or engine)."
7.A telephone number for motorcycle  owners to call to report difficulty in 
obtaining remedial action.
8.A card to be used by a motorcycle  owner in the event the motorcycle  to 
be recalled has been sold. Such card should be addressed to the manufacturer, 57
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
have postage paid, and shall provide a space in which the owner may indicate the 
name and address of the person to whom the  motorcycle  was sold or transferred.
9.If the remedial action involves recall, the notice must also provide:
a.A clear description of the components that will be affected by the 
remedial action and a general statement of the measures to be taken to correct 
the nonconformity.
b.A statement describing the adverse effects, if any, of an uncorrected 
nonconforming OBD system on the performance, fuel economy, or durability of 
the motorcycle .
c.A statement that after remedial action has been taken, the 
manufacturer will have the service facility issue a certificate showing that a 
motorcycle  has been corrected under the recall program, and that such a 
certificate will be required to be provided to the Department of Motor Vehicles 
as a condition for motorcycle  registration.
(D) A notice sent pursuant to this section or any other communication sent to 
motorcycle  owners or dealers may not contain any statement, expressed or implied, 
that the OBD system is compliant or that the OBD system will not degrade air quality.
(E) The Executive Officer shall inform the manufacturer of any other 
requirements pertaining to the notification under section 1958.3, subsection (d)(3) 
which the Executive Officer has determined as reasonable and necessary to assure the 
effectiveness of the recall campaign.
(4)Label Indicating that Recall Repairs Have Been Performed.  
(A) If the required remedial action involves recall of a motorcycle enforcement 
group (s), OBD family(ies), engine family(ies) or subgroup(s)  thereof, the manufacturer 
shall require those who perform inspections or recall repairs to affix a label to each 
motorcycle  that has been inspected or repaired.58
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(B) The label must be placed in a location approved by the Executive Officer 
and must be fabricated of a material suitable for such location in which it is installed 
and which is not readily removable.
(C) The label must contain the remedial action campaign number and a code 
designating the facility at which the remedial action or inspection to determine the 
need for remedial action was performed.
(5)Proof of Performance of Remedial Action Certificate.   
If the required remedial action involves a recall, the manufacturer shall provide, 
through its service agents, to owners of motorcycle s that have had the remedial action 
performed a certificate that confirms that the motorcycle  has been recalled and that 
required inspection or repairs have been performed. The certificate must be in a 
format identical to the format prescribed  under  title 13, CCR sections 2117 and 2129.
(6)Record Keeping and Reporting Requirements.  
(A) The manufacturer shall maintain sufficient records to enable the Executive 
Officer to conduct an analysis of the adequacy of the remedial action.
(B) Unless otherwise specified by the Executive Officer, the manufacturer shall 
report on the progress of the remedial action campaign by submitting reports for 
eight consecutive quarters commencing with the quarter immediately after the recall 
campaign begins . The reports shall be submitted no later than 25 days after the close 
of each calendar quarter to: Chief, Emissions Certification and Compliance Division, 
4001 Iowa Avenue, Riverside, California 92507 , or electronically at 
MotorcycleOBD@arb.ca.gov . For each recall campaign, the quarterly report must 
contain  all of  the following:
1.The test group and the remedial action campaign number designated by 
the manufacturer and a brief description of the nature of the campaign.
2.The date owner notifications began and date completed.
3.The number of motorcycle s involved in the remedial action campaign.59
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
4.The number of motorcycle s known or estimated to be equipped with the 
nonconforming OBD system and an explanation of the means by which this 
number was determined.
5.The number of motorcycle s inspected during the campaign since its 
inception.
6.The number of motorcycle s found to be affected by the nonconformity 
during the campaign since its inception.
7.The number of motorcycle s receiving remedial action during the 
campaign since its inception.
8.The number of motorcycle s determined to be unavailable for inspection 
or remedial action, during the campaign since its inception, due to exportation, 
theft, scrapping, or other reasons (specify).
9.The number of motorcycle s, during the campaign since its inception, 
determined to be ineligible for remedial action under section 1958.3, subsection 
(d)(2)(B).
10. An initial list, using the following data elements and designated 
positions, indicating all motorcycle s subject to recall that the manufacturer has not 
been invoiced for, or a subsequent list indicating all motorcycle s subject to the 
recall that the manufacturer has been invoiced for since the previous report. The 
list must be supplied in a standardized computer format to be specified by the 
Executive Officer. The data elements must be written in "ASCII" code without a  
comma separating each element. For example: XTY32A71234E -9456123408 -25-
91A. The add flag (see below) should reflect the motorcycle s for which the 
manufacturer has not been invoiced and the delete flag should reflect changes 
since the previous report. The Executive Officer may reduce  the frequency of this 
submittal. The Executive Officer may not, however, require a frequency or format 
for this submittal that is different in any way from the frequency or format 
determined by the Executive Officer as required for reporting of data in tit le 13, 
CCR sections 2119(a)(10) and 2133(a)(10).60
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Data Elements Positions
* File Code (designated by DMV) 1
* License Plate Number 2-8
* Last three VIN positions 9-11
* Recall ID Number 12-17
* Mfg. ID Number 18-22
(Mfg. Occupational License Number)
* Recall Start Date (mmddyyyy) 23-30
* Add or Delete Flag (A/D) 31
* Complete VIN 32-48
(File Code "L" or "S")
11. A copy of any service bulletins issued during the reporting period by 
the manufacturer to franchised dealerships or other service agents that relate to 
the nonconforming OBD system and the remedial action and have not previously 
been reported to the Execu tive Officer.
12. A copy of all communications transmitted to motorcycle  owners that 
relate to the nonconforming OBD systems and the required remedial action and 
have not been previously reported to the Executive Officer.
(C) If the manufacturer determines that any of the information submitted to the 
Executive Officer pursuant to section 1958.3, subsection (d) has changed or is 
incorrect, the manufacturer shall submit the revised information, with an explanation.61
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(D) The manufacturer shall maintain in a form suitable for inspection, such as 
computer information, storage devices, or card files, and shall make available to the 
Executive Officer upon request, the names and addresses of motorcycle  owners:
1.To whom notification was sent;
2.Whose motorcycle s were repaired or inspected under the recall 
campaign;
3.Whose motorcycle s were determined not to be eligible for remedial 
action because the motorcycle s were modified, altered, or unavailable due to 
exportation, theft, scrapping, or other reason specified in the answer to 
subsections (d)(6)(B) 8. and ( d)(6)(B) 9.
(E) The information gathered by the manufacturer to compile the reports 
required by these procedures must be retained for no less than one year beyond the 
useful life of the motorcycle s and must be made available to authorized personnel of 
CARB upon request.
(F) The filing of any report under the provisions of these procedures must not 
affect the manufacturer's responsibility to file reports or applications, obtain approval, 
or give notice under any other provisions of law.
(7)Extension of Time.  
Upon request of the manufacturer, the Executive Officer may extend any deadline set 
forth in subsection (d) upon finding that the manufacturer has demonstrated good 
cause for the requested extension.
(e) Penalties for Failing to Comply with the Requirements of S ubsection (d) . 
(1)In addition to the penalties that may be assessed by the Executive Officer 
pursuant to subsection (c) because of a manufacturer's failure to comply with the 
requirements of title 13, CCR section 1958.2, a manufacturer may be subject to penalties 
pursuant to section 43016, Health and Safety Code for failing to comply with the 
requirements of subsection (d).62
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(2)If a manufacturer fails to comply with a voluntary or influenced remedial action 
plan, the Executive Officer may order remedial action pursuant to subsection (c) above.
(f)Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this 
article remains in full force and effect.  
 
NOTE: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104, 43105, 43105.5, 43106 and 43107 Health and Safety Code. 
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105,  43105.5, 43106, 43107, 43151, 
43152, 43153, 43154,  43205.5, 43211 and 43212, Health and Safety Code.63
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
5. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958 .4 to read as follows:
§ 1958. 4. Zero -Emission Motorcycle Standards and Certification Procedures for 
202 8 and Subsequent Model Years .
(a) Applicability.  
This section shall apply to manufacturers that produce and deliver for sale zero -emission 
street -use motorcycles in California for model year 2028 and subsequent .
(b) Definitions.  
“Battery Electric Motorcycle ” means a street -use motorcycle that runs solely on electricity 
stored in a battery pack that energizes one or more electric motors and produces zero 
tailpipe emissions .  
“Battery State of Health ” means the maximum amount of usable energy currently able to 
be stored in the battery and available to supply power to propel the motorcycle, divided 
by the maximum amount of usable energy initially able to be stored in the battery and 
available to supply power t o propel the motorcycle .  
“Criteria Pollutants ” means air pollutants for which acceptable levels of exposure can be 
determined and for which an ambient air quality standard has been set. Examples include 
ozone, carbon monoxide, and nitrogen dioxide . 
“Conductive Charger Inlet”  means  a connection point on the ZEM that can transmit 
electricity through a physical path for the purpose of transferring energy to the traction 
battery and exchanging information.
“Curb Mass”  shall have the same meaning as defined in 40 CFR, section 86.402 -78.
“Greenhouse Gas ” shall have the same meaning as defined in Health and Safety Code, 
section 38505 .
“Highway Fuel Economy Drive Cycle (HFEDS) ” means the drive cycle described in 40 CFR, 
Section 600.109(b) , which is incorporated by reference.64
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
“Hydrogen Fuel Cell Motorcycle ” means a street -use motorcycles that runs solely on 
energy stored as hydrogen, which is converted into electricity by the fuel cell to energize 
one or more electric motors and produces zero tailpipe emissions.
“Off-board Charge Capable Motorcycles ” means any battery electric motorcycle with a 
removable battery that has the ability to be charged while the battery is no longer on -
board or attached to the motorcycle .
“On-board charger ” means a power electronics device that converts AC power from 
external sources, such as residential outlets, to DC power to charge the battery pack  of a 
battery electric motorcycle.
“Urban Dynamometer Driving Schedule (UDDS) ” shall have the same meaning as 40 CFR 
section 86.115 -78.
“Zero -Emission Motorcycle (ZEM)”  means a street -use motorcycle that produce s zero 
exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas 
under any possible operational modes or conditions.  The term “zero -emission 
motorcycle” does not include:
(1)Any c onventional motorcycle with exhaust or evaporative emissions subject to 
the standards of title 13, California Code of Regulations (CCR) sections 1958 or 1976, 
respectively , 
(2)Any motorcycle  not capable of maintaining  at least  the speed and range 
criteria of subsection (d)(1) , or
(3)Any “electric bicycle” as defined in section 312.5 , subsection (a) of the 
California Vehicle Code .
“ZEM Traction  Battery ” means  any electrical energy storage device consisting of any 
number of individual battery modules or cells that is used to supply power to propel the 
motorcycle . 
(c)The Executive Officer shall certify as zero -emission motorcycles (ZEM) under this 
regulation new 2028 and subsequent model year street -use motorcycles that 
produce zero exhaust emissions of any criteria pollutant (or precursor pollutant) or 
greenhouse gas under any possible operational modes or conditions.  65
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(d) ZEMs shall be certified in one of the following three Tiers:   
(1)Tier I ZEMs are capable  of maintaining a speed of at least 25 miles per hour for 
at least 10 minutes and have a certified riding range of at least 25 miles , but are not 
capable of maintaining a speed of 55 miles per hour for 10 minutes.  
(2) Tier II ZEMs are capable of maintaining a speed of at least 55 miles per hour for 
at least 10 minutes and have a certified riding range of at least 25 miles , but are not 
capable of m eeting the minimum speed or range criteria of a Tier III ZEM . 
(3) Tier III ZEMs are capable of maintaining a speed of at least 70 miles per hour 
for at least 10 minutes and have a certified riding range of at least 50 miles . 
(e) Certified  riding range shall be determined using the following test procedures:  
(1) For battery electric mot orcycles : SAE J2982 _202210  - Riding Range Test 
Procedure for On -Highway Electric Motorcycles, revised 10 -13-2022 , (SAE J2982) which is 
incorporated by reference .
(A) For Tier I ZEMs, range shall be determined using the Urban Dynamometer 
Driving Schedule  (UDDS ) drive cycle .
(B) For Tier II ZEMs, range shall be determined using one of the following 
methods, at the manufacturer’s discretion :
1.an average of UDDS and 55 mph drive cycles , or
2.World Motorcycle Test Cycle (WMTC ) for sub -class 3 -1, chassis -
dynamometer test cycle as described in Annex II, section 4.3.4, Table 1 -4 of 
“Commission Delegated Regulation No 134/2014 of 16 December 2013 
supplementing Regulation (EU) No 168/2013 of the European Parliament and of 
the Council with regard to environmental and propulsion unit performance 
requirements and amending Annex V thereof, 02014R0134 – EN – 20.03.2018 ,” (EU 
134/2014) which is incorporated by reference .
(C) For Tier III ZEMs, range shall be determined using one of the following 
methods, at the manufacturer’s discretion:66
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
1.an average of UDDS and 70 mph drive cycles , or
2.WMTC for sub -class 3 -2, chassis -dynamometer test cycle as described in 
EU 134/2014,  Annex II, section 4.3.4, Table 1 -4.
(D) When utilizing the UDDS and 55 mph or 70 mp h drive cycle s for range 
testing, t he dynamometer coefficients  and inertial mass shall be as prescribed in 
Subparts E and F, Part 86, Title 40, Code of Federal Regulations . The average of UDDS 
and 55 mph or 70 mph  range results shall be calculated in accordance with SAE 
J2982, section 9.3.
(E) When utilizing the WMTC drive cycle for range testing, the dynamometer 
coefficients and inertial mass shall be as prescribed in  EU 134/2014,  Annex II , section 
4.5.6.
(F) Vehicles shall be tested for range in default mode or in normal mode if the 
vehicle does not have a default mode .
(2)For hydrogen fuel cell motorcycles: SAE J2572 _201410  - Recommended 
Practice for Measuring Fuel Consumption and Range of Fuel Cell and Hybrid Fuel Cell 
Vehicles Fueled by Compressed Gaseous Hydrogen, revis ed 10 -16-2014, which is 
incorporated by reference.
(A) For Tier I and Tier II ZEMs, range shall be determined using the UDDS 
drive cycle .
(B) For Tier III ZEMs, range shall be determined using an average of UDDS 
and Highway Fuel Economy Drive Cycle (HFEDS) drive cycles.
(C) The dynamometer coefficients and inertial mass shall be as prescribed in 
Subparts E and F, Part 86, Title 40, Code of Federal Regulations.
(D) Vehicles shall be tested for range in default mode or in normal mode if the 
vehicle does not have a default mode.
(3)For all other ZEM technologies: Manufacturers shall propose a method prior to 
certification for Executive Officer approval to determine required range (s) in accordance 67
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
with  section 1958.4, subsection  (e), as appropriate. Such a proposal shall be submitted to 
the Executive Officer at least 90 calendar days prior to submittal of a certification 
application for the motorcycle . The Executive Officer shall approve the proposed method 
in writing within 60 days upon finding the approach uses good engineering judgment to 
adjust the test procedures to determine range (s) with equivalent accuracy and precision 
as the test procedures generate for battery electric or hydrogen fuel cell motorcycles .
(f)Requirements for ZEM traction batteries : 
(1)All ZEMs with a traction battery shall comply with the battery labeling 
requirements of title 13, CCR section 1962.6 . Notwithstanding the “label location” 
requirements in title 13, CCR section 1962 .6(b)(2) (B), the battery  label may be located in 
any area where it can be  easily accessed and  read  without disassembling any portion of 
the motorcycle . Labels located behind removable access panels or covers (e.g., under the 
seat or in a storage compartment) shall satisfy this requirement.  
(2)All ZEMs with a traction battery must monitor and report the battery state  of 
health . Battery state of health shall be expressed as a percentage as shown below:
State of Health % =Current Maximum Available Capacity  /
Initial Maximum Available Capacity
(3)For ZEMs  designed to initially hold some battery capacity or energy in reserve 
and open up access as the vehicle or battery ages (e.g., to widen the minimum and 
maximum allowed state of charge as the battery degrades to counteract or diminish 
reduction in battery usable energy),  in lieu of the requirements of section 19 58.4, 
subsection (f)(2), the reported battery state of health  parameter shall be normalized such 
that 100 percent reflects the usable battery energy as if the user was allowed to initially 
access the  maximum the system is designed to ever allow (e.g., a ZEM  with a new battery 
but with the reserve in the system artificially opened up to its maximum range of 
authority). In this case , battery state of health shall be expressed as a percentage as 
shown below:  
State of Health % =Current Maximum Available  Capacity  (including 
reserve)  /68
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Initial Maximum Available Capacity  (including reserve)
(4)Manufacturers shall use good engineering judgement when monitoring 
battery state of health  to ensure that the state of health reported to the user accurately 
represents degradation of  the battery from its initial condition. CARB staff may evaluate 
the battery state of health monitor  at any time to assess its accuracy . Within 10 calendar 
days upon request by the Executive Officer, the manufacturer shall provide software or 
other means for CARB to assess  the accuracy of the battery state of health  monito r. The 
manufacturer shall provide any physical items to CARB at the following address: Chief, 
Emissions Certification and Compliance Division, CARB, 4001 Iowa Ave, Riverside, 
California 92507, and may provide information or code electronically upon mutual 
agreement as provided under sections 1633.7 and 1633.8 of the Civil Code.
(5)The manufacturer may limit calculation of an updated battery state of health to 
certain usage conditions of the motorcycle (e.g., only when a sequence of sufficient depth 
of discharge and subsequent charge event occurs) if necessary to maintain the accuracy 
of the data parameter. However, a manufacturer may only use conditions which are 
technically necessary to ensure robust c alculation of the battery state of health , designed 
to ensure calculation of an updated value will occur under conditions which may 
reasonably be expected to be encountered in normal vehicle operation and use and 
designed to ensure calculation of an update d value will occur regularly, consistent with 
good engineering judgement.
(6)Each ZEM shall be able to display the battery state of health percentage as 
calculated in accordance with section 1958.4, subsection (f)(2) or (f)(3), as applicable, to 
the user  without the use of any tools. This information shall be displayed on the 
motorcycle dashboard if so equipped. The state of health shall be displayed as a 
percentage, to at least the nearest whole percentage point, in alphanumeric format 
percentage value,  and shall be  readable by the user with no more than 5 selectable 
screens or submenu selections needed to access the parameter from the home or default 
display/screen . If the motorcycle is not equipped with a dashboard, the state of health 
information shall be accessible to the user in real time via a cellular phone, tablet, or 
personal computer, using software provided by the manufacturer at no cost to the user. 
(7)The manufacturer of each ZEM shall warrant to the ultimate purchaser and 
each subsequent purchaser that the vehicle’s traction battery is free from defects in 
materials and workmanship which cause deterioration such that the battery state of health 
falls below 70% for, at minimum, the distance and time (whichever occurs first) shown in 
the following table.69
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
MY 2028 and Subsequent Minimum Required  
ZEM Traction Battery Warranty Distance and Duration
ZEM Tier Distance Duration
Tier I 12,000 km 2 Years
Tier II 24,000 km 3 Years
Tier III 50,000 km 5 Years
(8)The traction battery state  of health and warranty requirements in section 
1958.4, subsections (f)(2) through (f)(7) do not apply to ZEMs that are sold exclusively for 
use with exchangeable batteries that are not owned or leased by the ultimate purchaser 
of the motorcycle.  
(g) Manufacturer s must submit an application to CARB to obtain certification for all 
model year 2028 and subsequent  ZEMs  produced and delivered  for sale in California .  
(1) ZEM models shall  be certified in ZEM test groups that include ZEM  models 
having  the same: battery or fuel cell configuration, battery chemistry, motor 
configuration, and expected degradation in usable battery energy . Manufacturers shall 
use good engineering judgment to combine vehicles into ZEM test groups.  
(2)Range testing in accordance with section 1958.4, subsection (e) shall be 
conducted on the ZEM model and configuration within the ZEM test group that, based on 
good engineering judgement, will have the lowest certified range.  This “worst case” 
range shall be applied to all models and configurations within the ZEM test group unless 
additional range testing is conducted to establish a higher certified range for those 
models.
(h) Application for Certification . Except as noted below, the certification application 
shall include all information required by the Code of Federal Regulations , Title 40, Part 
86, subpart E, section 86.416 -80, and shall also include the following:  
(1)Correspondence and communication information, consisting of names, mailing 
addresses, phone and fax numbers, and e -mail addresses of all manufacturer 
representatives authorized to be in contact with CARB certification  staff. At least one 
contact must be provided.70
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(2)Identification and description of the ZEM test group covered by the 
application.
(3)Identification and description of all vehicles within the test group to be 
produced and delivered for sale to California. The description must be sufficiently 
detailed to determine for each vehicle all appropriate test parameters and any special 
test proce dures necessary to conduct the applicable certified riding range tests . The 
description shall include  all of the following :
(A) Identification of the motorcycle  curb mass ,
(B) Projected number of motorcycles  to be produced and delivered for sale in 
California ,
(C) Identification and description of the propulsion system for the motorcycle ,
(D) Identification and description of the energy storage system for the 
motorcycle ,
(E) For off -board charge capable motorcycles , identification and description 
of the charging system for the motorcycle  including the onboard charger capability, 
maximum allowable direct current fast charge capability and vehicle connector 
specification, and the charging cord included with the motorcycle .
(4)Results of all certified riding range testing demonstrating compli ance with  
section 1958.4, subsection s (d) and €.
(5)Calculated ZEM credit value for each motorcycle  within the ZEM test group .
(6)Identification of the length and terms of the traction battery warranty  and 
propulsion -related parts warranty if applicable . Warranty length and terms may be 
different for the traction battery and other propulsion -related parts.
(7)Information provided to the vehicle owner for proper and safe operation of the 
motorcycle , including information on the safe handling of the battery system and 
emergency procedures to follow in the event of battery leakage or other malfunctions 71
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
that may affect the safety of the motorcycle  operator or motorcycle  testing laboratory 
personnel.
(8)Information provided to the motorcycle  owner for proper and safe operation of 
the motorcycle , including information on the safe handling of the fuel cell system and 
hydrogen storage system and emergency procedures to follow in the event of hydrogen 
or battery leakage or other malfunctions that may affect the safety of the motorcycle 
operator or motorcycle  testing laboratory personnel.
(9)An attestation that all motorcycles in the ZEM  test group covered by the 
application are true , accurate , complete,  and comply with the requirements of title 13, 
CCR section 19 58.4.
(10) A description of how the current usable storage capacity in the traction battery 
is monitored, and how the battery state of health is calculated  as required by title 13, 
CCR, section  1958.4 , subsection (f)(2)  or (f)(3), as applicable . This shall include a 
description of the usage conditions under which batter y state of health calculations are 
limited to ensure accuracy pursuant to  section 1958.4,  subsection (f)(5).
(11) A copy of instructions provided to motorcycle owners on how to access the 
battery state of health paramete r as required by  section 1958.4, subsection (f)( 6).
(12) A sample label(s) pursuant to section 1958.4, subsection (f)(1) , including label 
format, size, and location.
(i) Motorcycles  certified pursuant to this section are subject to  the compliance 
testing, enforcement testing, corrective action, and recall provisions of title 13, CCR 
section 1958.7.   
(j) In addition to suspension or revocation of an Executive Order of Certification as 
provided in this section  the Executive Officer may seek penalties as provided for by law 
and such equitable relief deemed appropriate by the Executive Officer for any violation of 
these regulations. Each day in which there is a violation shall be a separate violation.  
(k) Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this article 
remains in full force and effect.  72
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Note: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104 , 43105, 43106 and 43107, Health and Safety Code. 
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106, 43107, 43151, 43152, 
43153, 43154, 43205.5, 43211 and 43212, Health and Safety Code.73
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
6. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958.5 to read as follows:
§ 1958. 5. Zero -Emission Motorcycle (ZEM) Credit Generation , Transfer, and 
Expiration.
(a) Credit Generation. Each eligible ZEM produced and delivered  for sale in 
California  for model year 2024 and subsequent shall earn  ZEM credits as described in this 
section . These credits can be used to comply with the ZEM credit obligations described in 
title 13, CCR section 1958.6 . ZEM s that receive credits under this section 1958. 5 may  not 
receive credits  under title 13, CCR sections 1962.2 or 1962.4 . To be eligible to earn ZEM 
credits  under this section 1958.5 , ZEMs must meet the following criteria:  
(1)For model years 2024 -2027 :
(A) The ZEM shall h ave been issued a Certificate of Conformity by the United 
States Environmental Protection Agency .
(B) The motorcycle shall produce zero exhaust emissions of any criteria 
pollutant (or precursor pollutant) or greenhouse gas under any possible operational 
modes or conditions.
(C) The manufacturer shall submit to the Executive Officer the results of riding 
range testing as described in title 13, CCR section 1958.4 , subsection (e), 
demonstrating  that the ZEM satisfies the minimum speed and range requirements of 
title 13, CCR section 1958.4 , subsection (d).
(D) The ZEM manufacturer shall warrant to the ultimate purchaser and each 
subsequent purchaser that the vehicle’s traction battery is free from defects in 
materials and workmanship for, at minimum, the distance and time (whichever occurs 
first) shown in the following table.74
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
MY 2024 -2027 Minimum Required ZEM
Traction Battery Warranty Distance and Duration
ZEM Tier Distance Duration
Tier I 6,000 km 1 Years
Tier II 16,000 km 2 Years
Tier III 30,000 km 3 Years
(2)For model year 202 8 and subsequent, e ach ZEM shall be certified in 
accordance with title 13, CCR section 1958.4 . 
(b) For model years 2024 -2035, ZEM credits shall be earned for each of the three 
ZEM tiers defined in title 13, CCR section 1958.4(d), for each eligible ZEM produced and 
delivered for sale in California, as follows:  
(1)Tier I ZEMs shall earn 0.25 credits per motorcycle .
(2)Tier II ZEMs shall earn credits in the sum of the following  per motorcycle :
(A) Base credits: 0.01 x certified riding range in miles (up to 100 miles max ), 
and
(B) Fast charge credit, if applicable: 0.25 .
(3)Tier III ZEMs shall earn credits in the sum of the following  per motorcycle : 
(A) Base credits: 0.5 + [0.01 x certified riding range in miles (up to 200 miles 
max )], and
(B) Fast charge credit, if applicable:  0.5.
(4)For purposes of calculating ZEM credits, the certified riding range shall be 
determined in accordance with title 13, CCR section 1958.4(e), rounded to the nearest 
whole mile, and the amount of ZEM credits awarded per motorcycle shall be rounded to 
two decimal places .  75
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(c) To qualify for the fast charge credit in section 1958.5, subsections (b)(2)( B) and 
(b)(3)( B), the ZEM must meet one of the following criteria:  
(1)Equipped with a conductive charger inlet and on-board charging system that:  
(A) Meets AC Level 1 and Level 2 SAE J17 72 - Electric Vehicle and Plug in 
Hybrid Electric Vehicle Conductive Charger Coupler, revised 10 -13-2017, which is 
incorporated herein by reference; and
(B) For Tier III ZEMs, is equipped with an on -board charger with a minimum 
output of 3.3 kilowatts, or, capable of providing sufficient power to enable charging 
from a state of discharge to a full charge in less than 4 hours .
(2)Sold exclusively for use with exchangeable batteries that are not owned or 
leased by the ultimate purchaser of the motorcycle ; 
(3)Powered by c ompressed gaseous hydrogen; or
(4)Equipped with another technology that has been determined by the Executive 
Officer to be compatible with widely available public fueling or charging infrastructure 
and offers charging  or refueling speeds that are comparable to or greater than 
requirements of section 1958.5, subsecti on (c)(1).
(d) Additional base credits shall be earned for model year  2024  through  2030 Tier II 
and Tier III ZEMs as follows:  
(1)For model years 2024 -2027: Tier II ZEM base credits shall be multiplied by 3x,  
Tier III ZEM base credits shall be multiplied by 6x.
(2)For model years 2028 -2030: Tier II ZEM base credits shall be multiplied by 
1.5x, Tier III ZEM base credits shall be multiplied by 3x.
(3)The multipliers described in this subsection apply only to base credits, and do 
not affect fast charge credits.
(e) For model years 2036 and subsequent, ZEM credits shall be earned for each of 
the three ZEM tiers defined in title 13, CCR section 1958.4(d), for each eligible ZEM 76
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
produced and delivered for sale in California , as described below.  No additional credits 
or multipliers apply.
(1)Tier I ZEMs shall earn 0.25 credits per motorcycle ,
(2)Tier II ZEMs shall earn 0.5 credits  per motorcycle, and
(3)Tier III ZEMs shall earn 1.0 credits  per motorcycle .
(f) In order to determine the total number of ZEM credits earn ed in a given model 
year, each manufacturer shall include the following information  in their  end-of-model -
year report submitted  to the Executive Officer in accordance with section 1958. 1. 
(1)Data for each ZEM that was produced and delivered for sale in California for 
that model year including: vehicle identification number (VIN), model year, Executive 
Order or U.S. EPA Certificate of Conformity number, make, model, ZEM test group, 
certified riding range, and fast charge equipment (if applicable).
(2)Calculation of the manufacturer’s total ZEM credits earned for the model year.
(g) A manufacturer shall maintain the documents and information gathered to 
compile each end-of-model -year report required under section 1958.5, subsection (f) in a 
form suitable for inspection, such as computer files, for five years after submission of the 
report. The manufacturer shall make such records available to the Executive Officer within 
30 calendar days upon request to verify the accuracy of the reported information.  
(h) ZEM credit s may be used to satisfy credit obligations pursuant to title 13, CCR 
section 1958.6 for up to five model years after the model year in which the ZEM credit 
was generated.  Beyond this time period, the ZEM credit expires and shall be deducted 
from the manufacturer’s ZE M credit balance.  For the purposes  of this requirement, all 
ZEM credits generated prior to model year 2028 are considered to have been generated 
in model year 2028  and may be used to satisfy ZEM credit obligations through model 
year 2 033.  
(i)Manufacturers may transfer ZEM credits in excess of  the amount required for 
compliance with the ZEM credit obligations described in title 13, CCR section 1958.6. All 
ZEM credit transfers must be reported to the Executive Officer by an authorized 77
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
representative of each  manufacturer that is either transferring or receiving the credits.  
Manufacturers that are not in compliance with the ZE M credit obligations in section 
1958.6 may not transfer ZEM credits  to another manufacturer  until all current and 
previous credit obligations have been satisfied.
(j)No entity other than a manufacturer may earn, hold, submit reports for compliance 
demonstrations, or transfer ZEM credits.  
(k)Records in the  Board's possession for the vehicles subject to the requirements of 
title 13, CCR section s 1958.5 and 1958. 6, such as the following, are subject to disclosure 
as public records:  
(1) Each manufa cturer's model year  ZEM production data and the corresponding 
value  of ZEM credits e arned;
(2)ZEM credits acquired from, or transferred to another manufacturer, and the 
identity of the parties involved in each transfer;  and
(3)Each manufacturer's annual ZEM credit balance for each model year .
(l)Records in the Board's possession for the vehicles subject to the requirements of 
title 13, CCR  section s 1958 .5 and 1958. 6 shall be subject to disclosure to the U.S. 
Environmental Protection Agency, which protects trade secrets as provided in Secti on 
114(c) of the Clean Air Act and amendments thereto (42 USC § 7401 et seq.) and in 
federal regulations.  
(m) Submitting incorrect information, or failing to submit required information, is a 
violation of this section for which violators are subject to penalty. Each incorrect or 
omitted statement in a submission to the Executive Officer is a separate violation of this 
section.  If the Executive Officer finds that any ZE M credit was obtained based on incorrect 
information, the credit  will be deemed invalid.  
(1)The Executive Officer shall notify a manufacturer in writing of an initial finding 
and shall specify the information initially found to be incorrect. The manufacturer may, 
within 20 calendar days, provide to the Executive Officer information or records to correct 
or validate the originally submitted information.78
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(2)Within 50 days after making an initial finding, the Executive Officer shall make a 
final finding based on available information whether a ZE M credit  was obtained based on 
incorrect information and shall notify the manufacturer in writing of this final finding.
(3)Within 30 days after the Executive Officer notifies a manufacturer of a final 
finding, a manufacturer may petition for review of the finding by requesting an 
administrative hearing in accordance with the procedures specified in CCR, title 17, 
division 3, c hapter 1, subchapter 1.25, article 2 (commencing with section 60055.1).
(n) Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this article 
remains in full force and effect.  
Note: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104, 43105, 43106 and 43107, Health and Safety Code.
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106, 43107, 43151, 43152, 
43153, 43154, 43205.5, 43211  and 43212 , Health and Safety Code.79
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
7. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958. 6 to read as follows:
§ 1958. 6. Zero -Emission Motorcycle Credit Obligations .
(a) This section describes the  ZEM credit obligations that apply to manufacturers of 
street -use motorcycles produced and delivered for sale in California for model years 
2028 and subsequent.  The requirements in this section apply to all “Large Manufacturers ” 
as defined  below:  
(1)For model year s 2028 through 2035, a large manufacturer is defined as a 
manufacturer with two consecutive years of a 3 -year rolling average of California street -
use motorcycle model year sales equal to or greater than 750 per year.  For example, a 
manufacturer with an average across 2024, 2025, and 2026 model years that exceeds 750 
and also an average of 2025, 2026, and 2027 model years that exceeds 750 would be 
considered a large manufacturer  for 2028 model year . 
 
(2)For model year 2036 and beyond, a large manufacturer is defined as a 
manufacturer with two consecutive years of a 3 -year rolling average of California street -
use motorcycle model year sales equal to or greater than 100 per year.
(3)The terms “sales” and “sold” as used in this section 1958.6  shall mean all zero -
emission  and conventional street -use motorcycles produced and delivered for sale  in 
California  as reported pursuant to  title 13, CCR section 1958.1.
(4)The weighted  volume values calculated per  section 1958.6, subsection ( e) are 
used solely for calculating the ZEM credit obligations  for each model year , and do not  
apply for the purpose of determining “large manufacturer” status.
(5)To be exempt from the ZEM credit obligations as specified in section 1958.6, 
subsection (b), the manufacturer  must not qualify as a large manufacturer  per subsection 
(a)(1) or (a)(2 ), as applicable .
(6)Changes in “large manufacturer” status due to decreases in California sales.  If a 
previously designated large manufacturer’s 3-year rolling average of California street -use 
motorcycle model year sales falls below the limit for a large manufacturer for three 
conse cutive  years , the manufacturer shall no longer be considered a large manufacturer  
for the subsequent model year .80
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
(7) For manufacturers seeking certification for the first time in California,  large 
manufacturer status in their first year shall be based on an average of their projected 
California sales  for their first three model years. Manufacturers with projected sales 
exceeding the applicable large manufacturer criteria in subsection (a)  will be designated 
large manufacturers . If actual produced and delivered for sale in California numbers are 
available for a model year(s), projected California sales cannot be used for that model 
year(s) when calculating the average of the three consecutive model years in subsequent 
years  to determine large manufacturer status .
(8)Where a manufacturer experiences a change in ownership  through merger 
with , or acquisition by , another manufacturer, the determination of large  manufacturer 
must be reassessed for the next model year  after the change in ownership occurs . If a 
manufacturer is simultaneously producing two model years of motorcycles  at the time of a 
change of ownership, the basis of determining the next model year must be the earlier 
model year  currently in production . For purposes of d etermining whether the 
manufacturer meets the definition of large manufacturer for the next model year , the 
manufacturer shall use combined  sales where required by title 13, CCR section 1958.1(e) 
for the prior four model years to calculate the 3-year rolling average for section 1958.6, 
subsection (a)(1) or (a)(2) as applicable . 
(b) Manufacturers that do not fall under the large manufacturer category as defined 
in section 1958.6, subsection ( a) for a model year are exempt from the ZEM credit 
obligation  of section 1958.6, subsection (b)  for that model year  but may earn, bank, and 
trade ZEM credits generated from ZEMs produced and deliver ed for sale in California  in 
that model year . 
(c) Basic ZEM Credit Obligation.  For model year 2028 and subsequent, all large 
manufacturers are required  to submit ZEM credits to satisfy their ZEM credit obligation 
each model year . The percentage requirement used in the calculation of  ZEM credit  
obligation s is listed in the table below. This obligation can be met by submitting 
previously earned ZEM credits , by producing and delivering  new  ZEMs for sale in 
California , or by submitting  ZEM credits acquired from another  ZEM manufacturer .  81
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Model Year ZEM Credit
Obligation  Percentage
2028 10%
2029 15%
2030 20%
2031 25%
2032 31%
2033 37%
2034 43%
2035 and subsequent 50%
(d) Calculating the ZEM Credit Obligation .  
(1)ZEM credit obligations for each model year are calculated by multiplying the 
applicable model year ZEM Credit Obligation Percentage from the table in section 
1958.6, subsection (c) with the prior model year’s 3 -year average of the weighted volume 
value calculated per section 1958.6, subsection (e). For example, 2028 model year ZEM 
credit obligations will utilize the  model year  2028 ZEM Credit Obligation Percentage of 
10% multiplied by the 2027 model year 3 -year average of weighted volume values for 
model ye ars 2024 through 2026.  
Sample Calculation for MY2028 ZEM Credit Obligations
MY2024 Weighted  Volume  Value : 1000
MY2025 Weighted  Volume  Value : 1200
MY2026 Weighted  Volume  Value : 1400
3-Year Rolling Average for MY2027 = (3600 / 3) = 1200
2028 ZEM Credit Obligation = 10% x 1200 = 120 ZEM Credits Required
(2)For manufacturers seeking certification for the first time in California, the 
projected sales for the first model year of  California sales  shall be used as the sales 
volume for each  of the three prior model years when calculating the weighted  volume 
values per subsection (e)  to be used in the calculation of the 3 -year average . After the first 
model year, actual sales shall be utilized for all model years where available when 
calculating the 3 -year average . For such manufacturers, ZEM credit obligations first apply 
in their third model year of California sales . For example, a manufacturer enter ing the 
California market in model year 2030 would utilize its model year 2030 projected sales as 82
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
sales for each model year from 2028 through 2030 to calculate weighted volume values 
per section 1958.6, subsection (e) for the model year 2031 3 -year average that is used per 
section 1958.6, subsection (c) to determine its first ZEM credit obligation in model year 
2032.
Sample Calculation for New Manufacturer Entering California Market in MY2030
MY202 8 Weighted  Volume  Value : 1500 (applied)
MY202 9 Weighted  Volume  Value : 1500 (applied)
MY20 30 Weighted  Volume  Value : 1500 (projected  sales  for MY2030 )
3-Year Rolling Average for MY20 31 = (4500 / 3) = 1 500
2032 ZEM Credit Obligation = 31% x 1 500 = 573.5  ZEM Credits Required
(e) Weighted  Volume  Values . The weighted volume value is calculated using a 
weighting value and the total number of street -use motorcycles  produced and delivered 
for sale in California in a model year in each conventional motorcycle class  and ZEM tier, 
as reported pursuant to title 13, CCR section 1958.1 . The applicable model year 
weighting values in the following table s shall be multiplied by the total number of 
conventional and zero -emission motorcycle s produced and delivered for sale in 
California  in each tier and class.  
Weighting  Values for MY20 24 through MY2035
Motorcycle TypeWeighting  
Value
ZEM  (All Tiers) 0
Class I conventional motorcycle 0.25
Class II conventional motorcycle 0.5
Class III conventional motorcycle 1.0
Weighting  Values for MY2036 and Subsequent
Motorcycle TypeWeighting  
Value
Tier I ZEM 0.2583
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Motorcycle TypeWeighting  
Value
Tier II ZEM 0.5
Tier III ZEM 1.0
Class I conventional motorcycle 0.25
Class II conventional motorcycle 0.5
Class III conventional motorcycle 1.0
Sample Calculations
Example of Weighted Volume Values  for MY2028 -2035
Motorcycle Type Number 
SoldWeighting  
ValueWeighted  
Volume  Value
Tier I ZEM 100 0 0
Tier II ZEM 100 0 0
Tier III ZEM 100 0 0
Class I conventional 
motorcycle100 0.25 25
Class II conventional 
motorcycle100 0.5 50
Class III conventional 
motorcycle100 1.0 100
Total 600 NA 175
Example of Weighted Volume Values  for MY2036 and Subsequent
Motorcycle Type Number 
SoldWeighting  
ValueWeighted  
Volume  Value
Tier I ZEM 100 0.25 25
Tier II ZEM 100 0.5 50
Tier III ZEM 100 1.0 100
Class I conventional 
motorcycle100 0.25 25
Class II conventional 
motorcycle100 0.5 5084
Date of Release: Novem ber 28, 2023; 45 -day Notice Version
Date of Hearing: January 25 , 202 4
Motorcycle Type Number 
SoldWeighting  
ValueWeighted  
Volume  Value
Class III conventional 
motorcycle100 1.0 100
Total 600 NA 350
(f) Requirements to make up ZEM credit deficit . A manufacturer that fails to submit 
the full amount of ZEM credits required to meet its ZEM credit obligation in a given model 
year must make up the deficit by the end of the next model year by submitting a 
commensurate amount of ZEM credits.   
(g) Penalty for Failure to Meet ZEM Requirements.  Any manufacturer that fails to 
submit a sufficient  number of ZEM credits to meet its ZEM credit deficit  within the 
specified time allowed by section 1958.6, subsection (f) shall be subject to civil penalties 
in accordance with  Health and Safety Code section 43211, applicable to a manufacturer 
that sells a new motor vehicle that does not meet the applicable emission standards 
adopted by the state board. The cause of action shall be deemed to accrue when the 
ZEM credit deficit is not balanced by the end of the specified time allowed by section 
1958.6, subsection (i). For purposes of this requirement, the number of vehicles not 
meeting the state board’s standards shall be equal to the manufacturer’s ZEM credit 
deficit, rounded to the nearest whole credit.  
(h) To verify the status of each manufacturer’s compliance with the ZEM credit  
obligation  for a given model  year, each manufacturer shall submit a report to the 
Executive Officer by April  1 of the calendar year following the close of the model year, 
that identifies the manufacturer’s  calculated ZEM credit obligation  for the model year  
including its model year sale s utilized  and calculation of weighted volume values  and 3 -
year average , identification of ZEM credits submitted to meet the obligation , and the 
manuf actu rer’s calculation of remaining ZEM credits or deficit  for carry -over to the 
subsequent model year . This information  shall  be submitted as part of  the end of model 
year  report required pursuant to title 13, CCR section 19 58.1. 
(i) Submitting incorrect information, or failing to submit required information, is a 
violation of this section for which violators are subject to penalty. Each incorrect or 
omitted statement in a submission to the Executive Officer is a separate violation of this 
section.  If the Executive Officer finds that any ZEM credit was obtained based on incorrect 
information, the credit will be deemed invalid.  85
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Date of Hearing: January 25 , 202 4
(1)The Executive Officer shall notify a manufacturer in writing of an initial finding 
and shall specify the information initially found to be incorrect. The manufacturer may, 
within 20 days, provide to the Executive Officer information or records to correct o r 
validate the originally submitted information.
(2)Within 50 days after making an initial finding, the Executive Officer shall make a 
final finding based on available information whether a ZEM credit was obtained based on 
incorrect information and shall notify the manufacturer in writing of this final find ing.
(3)Within 30 days after the Executive Officer notifies a manufacturer of a final 
finding, a manufacturer may petition for review of the finding by requesting an 
administrative hearing in accordance with the procedures specified in CCR, title 17, 
division 3, c hapter 1, subchapter 1.25, article 2 (commencing with section 60055.1) .
(j) Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this section and this article 
remains in full force and effect.  
Note: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43100, 43101, 
43104 , 43105,  43106 and 43107,  Health and Safety Code .
Reference: Sections 38562, 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106, 43107,  43151, 43152, 
43153, 43154,  43205.5, 43211  and 43212 , Health and Safety Code.86
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Date of Hearing: January 25 , 202 4
8. Add New Title 13, CCR, Chapter 1, Article 2, Section 1958. 7 to read as follows:
§ 1958.7.  Enforcement Testing , Corrective Action , and Recall Protocols for 2028 
and Subsequent Model Year Zero -Emission Motorcycles .
(a) Applicability . This section shall apply to 2028 and subsequent model year zero -
emission motorcycles (ZEMs) certified for sale in California.
(b) Purpose . It is the purpose of this article to implement authority granted the state 
Board in Part 5, Division 26 of the Health and Safety Code to monitor motorcycles  to 
determine compliance with applicable laws. This section establishes enforcement testing 
procedures to be used by CARB to periodically evaluate ZEMs for compliance and 
establishes procedures and requirements for corrective actions.
(c) Definitions . For this section, the following definitions apply:
“Corrective action ” refers to action taken by a manufacturer to remedy a 
nonconformity. The entire duration of corrective action implementation is a 
“corrective action campaign. ” Corrective action consists of three categories:
“Voluntary corrective action ” means an inspection, repair, adjustment, 
modification, or other program voluntarily initiated and conducted by a 
manufacturer.
“Influenced corrective action ” means an inspection, repair, adjustment, 
modification, or other program initiated and conducted by a manufacturer as a 
result of enforcement testing conducted by CARB or any other information 
provided to the manufacturer by CARB.
“Ordered corrective action ” means an inspection, repair, adjustment, or 
modification program that CARB requires a manufacturer to conduct to correct any 
nonconformance.
“Motor vehicle class ” means a group or set of vehicles subject to enforcement 
testing that have been determined by the Executive Officer to share common or 
similar propulsion -related hardware, electric drive components, battery 
chemistries, battery thermal management, or contr ol strategies.87
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Date of Hearing: January 25 , 202 4
“Nonconformity, ” “nonconformance, ” or “noncompliance ” means the condition 
where a class or category of vehicles has been determined, in accordance with this 
section, not to meet the applicable requirements of title 13, CCR section s 1958.4  
or 1958.5 .
“Test sample group ” means a group of production vehicles in a designated motor 
vehicle class that is selected and tested as part of the CARB enforcement testing 
program set forth in section 1958.7, subsection ( d).
"Vehicle owner" has the same meaning as "owner" as defined in section 460 of the 
Vehicle Code.
(d) Enforcement Testing for Zero -Emission Motorcycles . Zero -emission motorcycles 
are subject to periodic evaluation by CARB to verify compliance as follows:  
(1)Compliance and Enforcement Testing . 
(A) Compliance Testing.  As part of the evaluation of vehicles to determine 
compliance, the Executive Officer may test any production vehicle that has been 
certified for sale in California. The Executive Officer may conduct testing under any 
operating conditions where regulatory requirements apply as reasonably necessary to 
confirm compliance with any regulatory provision. Such testing does not impose any 
requirement on any manufacturer and cannot, by itself, be a basis for any 
nonconformance finding.
(B) Enforcement Testing.  Based upon compliance testing or any other 
information, such as warranty information reports and field information reports, the 
Executive Officer may conduct enforcement testing pursuant to section 1958.7, 
subsections ( d)(2) through (d)(4) below.
(2)Vehicle Selection for Enforcement Testing . 
(A) Determining the Motor Vehicle Class . 
1. Criteria for Determining the Motor Vehicle Class.  Upon deciding to 
conduct enforcement testing to verify compliance, the Executive Officer shall 
determine the motor vehicle class to be tested. In determining the motor vehicle 88
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Date of Hearing: January 25 , 202 4
class to be tested, the Executive Officer shall use good engineering judgment to 
consider the similarities and differences in the propulsion systems and batteries of 
potentially affected vehicles, including whether vehicles share similar propulsion -
related  hardware, electric drive components, battery chemistries, battery thermal 
management, or control strategies.
2.Default Motor Vehicle Class.  The default motor vehicle class is the ZEM  
test group used by the manufacturer to certify the vehicles to be tested.
3.Use of a Subgroup of a ZEM  Test Group.  Upon concluding, using good 
engineering judgment and on a case -by-case basis, that a subgroup of vehicles 
differs from other vehicles in the identified test group and that a reasonable basis 
exists to find that the differences may directly impact the resu lts of enforcement 
testing, the Executive Officer may determine that a subgroup of the test group is 
the appropriate motor vehicle class for testing.
4.Use of Multiple ZEM  Test Groups.  Upon concluding that vehicles from 
several ZEM test groups (which may include  ZEM  test groups from different model 
years) share common characteristics that provide a reasonable basis to conclude 
that the results of enforcement testing would be applicable to vehicles in more 
than one ZEM test group, the Executive Officer may determine, on a case -by-case 
basis and using good engineering judgment, that the appropriate motor vehicle 
class for enforcement testing to determine com pliance includes vehicles from 
more than one ZEM  test group.
(B) After determining the motor vehicle class to be tested, the Executive 
Officer shall determine , on a case -by-case basis and using good engineering 
judgment, the number of vehicles meeting the selection criteria of section 1958.7, 
subsection ( d)(2)(D) 1. needed to assure that the results of such testing may be 
reasonably attributed to the motor vehicle class. The Executive Officer's determination 
shall be based upon the nature of the potential noncompliance and the scope of the 
motor vehicle class. The  ZEM  test sample group may be as few as two test vehicles .
(C) Protocol for Procuring Vehicles for ZEM  Test Sample Group.  To procure 
vehicles for testing, the Executive Officer shall , on a case -by-case basis, determine the 
appropriate manner for procuring vehicles. In making the determination, the 
Executive Officer shall consider the nature of the potential noncompliance and the 
scope of the motor vehicle class. If the Executive Offic er concludes, using good 89
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Date of Hearing: January 25 , 202 4
engineering judgment, that a reasonable basis exists to believe that a vehicle 
operator's driving or maintenance habits would not substantially impact test results to 
determine noncompliance, they may procure vehicle(s) by any means and from any 
sources th at assure effective collection and testing of vehicles. In all cases, however, 
the Executive Officer shall include only vehicles meeting the criteria set forth in section 
1958.7, subsection (d)(2)(D) 1.
(D) Defining Vehicles to be Included in Test Sample Group.
1.In selecting vehicles to be included in a test sample group, the Executive 
Officer shall include only vehicles that:  
a.Are California certified and registered.
b.Have not been tampered with or equipped with add -on or modified 
parts  as described in title 13, CCR, section 27156  that would cause the vehicle 
not to comply with the requirements of title 13, CCR sections 1958.4 and 
1958.5, as determined through application of good engineering judgment .
c.Have no detected or known malfunction(s) that would affect the ability 
of the vehicle to comply with the requirements and are unrelated to the issue 
being evaluated. CARB may repair a vehicle with a detected or known 
malfunction and then include the vehicle in the test sample group if the 
Executive Officer, on a case -by-case basis and using good engineering 
judgment, determines that such action is reasonably necessary. The decision to 
repair a vehicle imposes no additional responsibilities on the manufactur er and 
is undertaken solely by CARB for assessing compliance .
d.Have no problem that might jeopardize the safety of laboratory 
personnel, as determined through application of good engineering judgment.
2.Removal of Vehicles Failing to Meet Applicable Criteria.  If the Executive 
Officer discovers whether by evidence presented by the manufacturer as provided 
in section 1958.7, subsection ( d)(6)(C) or through any other source, that a vehicle 
fails to meet one or more of the applicable criteria of section 1958.7, subsection 
(d)(2)(D)1. The Executive Officer shall remove the vehicle from the test sample 
group. On a case -by-case basis and using good engineering judgment, the 
Executive Officer may replace any vehicle removed with an additional vehicle 90
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Date of Hearing: January 25 , 202 4
selected in accordance with  section 1958.7,  subsections ( d)(2)(C) and ( d)(2)(D) 
above. Test results relying on data from the removed vehicle shall be recalculated 
without using the data from the removed vehicle.
(3)Enforcement Testing Procedures . After the ZEM  test sample group has been 
selected and procured, the Executive Officer shall perform testing (including via special 
test equipment) that the Executive Officer deems necessary, on a case -by-case basis 
using good engineering judgment, to assess compliance with any other requirement of 
title 13, CCR sections 1958.4 or 1958. 5, under a condition for which a manufacturer must 
meet such requirement.
(4)Additional Testing .
(A) Conditions.  Based upon testing of a motor vehicle class conducted under 
section 1958.7, subsection ( d)(3) and after review of all evidence available at the 
conclusion of such testing, the Executive Officer shall conduct further testing to 
determine compliance of a subgroup of vehicles from the motor vehicle class if the 
Executive Officer determines, using  good engineering judgment, that such further 
testing is necessary because:  
1. a subgroup of tested vehicles differs sufficiently from other vehicles in the 
tested motor vehicle class, and
2.a reasonable basis exists to believe that the identified differences indicate 
that the subgroup may be nonconforming whereas the tested motor vehicle class 
as a whole is not.
(B) Procedures.  In any testing of a subgroup of vehicles under section 1958.7, 
subsection ( d)(4), the Executive Officer shall follow the vehicle selection and testing 
procedures set forth in section 1958.7, subsections ( d)(2) and ( d)(3) above.  
(5)Finding of Nonconformance After Enforcement Testing.  Within 90 days after 
conducting enforcement testing pursuant to section 1958.7, subsections ( d)(3) or ( d)(4) 
above, the Executive Officer shall make a finding of nonconformance of the vehicles in 
the identified motor vehicle class per section 1958.7, subsections ( d)(2)(A) or ( d)(4) if the 
results of the testing indicate that at least 30 percent of the vehicles in the test sample 
group do not comply with the requirements of  title 13, CCR  sections 1958.4 or 1958. 5.91
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(6)Executive Officer Notification to the Manufacturer Regarding Determination of 
Nonconformance .
(A) Notify in Writing . Upon making a determination of nonconformance under 
section 1958.7, subsection ( d)(5) above, the Executive Officer shall notify the 
manufacturer in writing.
(B) Information Included in Notice of Determination of Nonconformance.  The 
Executive Officer shall include in the notice:
1.a description of each group or set of vehicles in the motor vehicle class 
covered by the determination .
2.the factual basis for the determination, including a summary of the test 
results relied upon for the determination .
3.a statement that the Executive Officer shall provide to the manufacturer, 
within 30 calendar days upon request, all records material to the Executive 
Officer's determination and not otherwise subject to an exemption from disclosure 
under the California Public Records Act, Government Code section 7920.000 et 
seq.;
4.a provision allowing the manufacturer no less than 90 days from the date 
of issuance of the notice to provide the Executive Officer with any information 
contesting the findings set forth in the notice; and
5.a statement that if a final determination is made that the motor vehicle 
class is nonconforming, the manufacturer may be subject to corrective action 
under section 1958.7, subsection (f), such as recall, along with monetary penalties.
(C) Manufacturer Response to Notice of Determination of Nonconformance.  
Within the time period set by the Executive Officer in section 1958.7, subsection 
(d)(6)(B)4. and any extensions of time granted under  section 1958.7,  subsection 
(d)(6)(G), the manufacturer may provide to the Executive Officer any test results, data, 
or other information that is relevant to whether vehicles certified for sale and operated 
in California comply with a requirement for which the Executive Officer has made a 
finding of nonconformance under section 1958.7, subsection ( d)(5).92
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(D) Late Submission of Manufacturer Required Response to Notice of 
Determination of Nonconformity.  The Executive Officer may, but is not required to, 
accept any information submitted by a manufacturer pursuant to section 1958.7, 
subsection ( d)(6)(C) after the time established for submission of such information has 
passed, except that the Executive Officer shall accept information where the 
manufacturer could not have reasonably foreseen the need for providing the 
information within the require d time period. With any late submission, the 
manufacturer shall provide an explanation of why such information w as not timely 
submitted. In determining whether to accept late information, the Executive Officer 
shall consider the lateness of the submission, the manufacturer's reasons for why such 
information was not timely presented, the materiality of the informatio n to the 
Executive Officer's final determination, and what effect any delay may have on 
effective enforcement, vehicle owners, or the health, welfare, or economy of the State.
(E) Additional Testing.  The Executive Officer shall conduct any additional 
testing that the Executive Officer deems necessary, after reviewing information 
submitted pursuant to section 1958.7, subsection ( d)(6)(C) and based on good 
engineering judgment, to confirm compliance with any requirement of this regulation 
under a condition for which a manufacturer must meet such requirement. The 
Executive Officer shall notify the manufacturer of such additional test ing within 60 
calendar days of receiving information submitted pursuant to section 1958.7, 
subsection ( d)(6)(C).
(F) Final Determination.
1.Executive Officer Notice of Final Determination. The Executive Officer 
shall consider all relevant information submitted by the manufacturer pursuant to 
section 1958.7, subsection ( d)(6)(C) and any late submissions accepted by the 
Executive Officer under section 1958.7, subsection ( d)(6)(D). The Executive Officer 
shall make a final determination regarding the finding of nonconformity of the 
vehicles in the motor vehicle class using good engineering judgment after 
considering all of the information collected and received, including all  information 
that has been received from the manufacturer under section 1958.7, subsection 
(d)(6)(C) and any late submissions accepted by the Executive Officer under section 
1958.7, subsection ( d)(6)(D). The Executive Officer shall notify the manufacturer in 
writing of their final determination within 60 calendar days after any of the 
following, whichever is latest: the manufacturer's response deadline under section 
1958.7, subsection ( d)(6)(C), Executive Officer acceptance of any late submission 93
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Date of Hearing: January 25 , 202 4
under section 1958.7, subsection ( d)(6)(D), or completion of any additional testing 
under  section 1958.7,  subsection ( d)(6)(E).
2.Information Included in Notice of Final Determination.  The notice must 
include a description of each ZEM  test group(s), or subgroups thereof, that has 
been determined to be nonconforming and set forth the factual bases for the 
determination.
(G) Time Extensions.  A manufacturer may request an extension of the time 
requirement set forth in section 1958.7, subsection ( d)(6)(B) at least 20 days before the 
specified deadline. Along with such request, the manufacturer shall provide 
documentation regarding the time that the manufacturer reasonably believes is 
necessary to conduct its own testing and an explanation of why suc h information could 
not be more expeditiously presented despite the reasonable diligence of the 
manufacturer. The Executive Officer s hall grant a manufacturer a reasonable extension 
of time upon the manufacturer demonstrating that despite the exercise of reasonable 
diligence, the manufacturer has been unable to produce relevant evidence in the time 
initially provided. The Executive Offi cer shall determine the reasonable extension of 
time considering both the evidence provided by the manufacturer and what effect any 
delay caused by granting the extension may have on effective enforcement, vehicle 
owners, or the health, welfare, or economy  of the State. The Executive Officer shall 
notify the manufacturer of their decision in writing at least 7 days before the time 
requirement specified in section 1958.7, subsection ( d)(6)(B) for which the 
manufacturer has requested the extension.  
(e) Corrective Action  
(1)Voluntary Corrective Action.  If a manufacturer initiates a voluntary corrective 
action campaign, the manufacturer shall notify the Executive Officer of the corrective 
action at least 45 days before owner notification is to begin. The manufacturer shall also 
submit a voluntary correct ive action plan for approval, as prescribed under section 
1958.7, subsection ( f)(1) below, at least 30 days before owner notification is to begin.
(2)Influenced Corrective Action.  Upon being notified by the Executive Officer, 
pursuant to section 1958.7, subsection ( d)(6)(F), that a motor vehicle class is 
nonconforming, the manufacturer may, within 45 days from the date of such notification, 
elect to conduct influenced corrective action of all vehicles within the motor vehicle class 
for the purpose of correcting the no nconformance and shall convey such election to the 94
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Date of Hearing: January 25 , 202 4
Executive Officer in writing. Upon such an election, the manufacturer shall submit an 
influenced corrective action plan for approval, as prescribed under section 1958.7, 
subsection ( f)(1) below, within 90 days of being notified by the Executive Officer, pursuant 
to section 1958.7, subsection ( d)(6)(F), that a motor vehicle class is nonconforming. If the 
manufacturer fails to submit an influenced corrective action plan for approval after 
electing to conduct influenced corrective action, the manufacturer is s ubject to an 
ordered corrective action pursuant to section 1958.7, subsection ( e)(3).
(3)Ordered Corrective Action .
(A) If the Executive Officer has determined based upon enforcement testing 
conducted pursuant to section 1958.7, subsection (e) above, information received 
from the manufacturer, or other relevant information that a motor vehicle class is 
nonconforming, the Executive Officer may require the manufacturer to undertake 
ordered corrective action.
(B) In requiring corrective action, the Executive Officer shall use good 
engineering judgment to consider all circumstances relevant to the nonconformity 
and the following factors:
1.Whether the manufacturer identified and informed CARB about the 
nonconformance(s) or whether CARB identified the nonconformance(s) prior to 
being informed by the manufacturer.
2.The number of nonconformances.
3.The impact of the nonconformance on vehicles and vehicle owners in 
terms of safety, vehicle performance, durability, electric range, charging, displayed 
estimation of battery health or durability if applicable, cost of future repairs, and 
drivability.
4.The impact of the nonconformance on the ability of the service and repair 
industry to make effective repairs in terms of accessibility of fault information, 
conformance of any data link connector, and reporting of inaccurate or misleading 
vehicle informati on.
5.Whether the manufacturer submitted incorrect information or failed to 
submit required information regarding the identified nonconformance at the time 95
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Date of Hearing: January 25 , 202 4
of certification pursuant to title 13, CCR section 1958.4  and the extent to which the 
incorrect or incomplete information was material to the granting of certification.
(4)Notice to Manufacturer for an Ordered Corrective Action.  
(A) The Executive Officer shall notify the manufacturer in writing of ordered 
corrective action.
(B) The notice of ordered corrective action must:
1.specifically set forth the corrective action that is being ordered,
2.include a description of the test group(s), or subgroup(s) thereof, that has 
been determined  to be nonconforming,
3.set forth the factual bases for the determination, and
4.designate a date at least 45 days from the date of such notice by which 
the manufacturer shall submit a plan, pursuant to section 1958.7, subsection ( f)(1) 
below, outlining the corrective action to be undertaken consistent with the 
Executive Officer's order. All plans shall be submitted within the time limit specified 
in the notice. A manufacturer may request an extension of the corrective action 
plan su bmittal date at least 20 days before the specified date. Along with such 
request, the manufacturer shall provide documentation regarding the time that the 
manufacturer reasonably believes is necessary to develop its corrective action plan 
and an explanation of why such information could not be more expeditiously 
presented despite reasonable diligence. The Exe cutive Officer shall grant a 
manufacturer a reasonable extension of time upon the manufacturer 
demonstrating that despite the exercise of reasonable diligence, the manufacturer 
is unable to provide a corrective action plan in the time initially provided. T he 
Executive Officer shall determine the reasonable extension of time considering 
both the evidence provided by the manufacturer and what effect any delay caused 
by granting the extension may have on effective enforcement, vehicle owners, or 
the health, we lfare, or economy of the State. The Executive Officer shall notify the 
manufacturer of their decision in writing at least 7 days before the time 
requirement for which the manufacturer has requested the extension.96
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(5)Availability of Hearing to Contest Corrective Actions . Within 30 days from the 
date of receipt of the notice required under section 1958.7, subsection ( e)(4) above, the 
manufacturer may request a hearing pursuant to the procedures set forth in title 17, CCR  
section 60055.1 , et seq., to contest the findings of nonconformity, the necessity of any 
ordered corrective action, or the scope of any ordered corrective action.  
(f)Requirements for Implementing Corrective Actions  
(1)Corrective Action Plans . 
(A) A manufacturer initiating corrective action (whether voluntary, influenced, 
or ordered) shall develop a corrective action plan that contains the following 
information, unless otherwise specified:  
1. A description of each test group, or subgroup thereof, covered by the 
corrective action, including the number of vehicles, test groups, or subgroups 
within the identified class(es), the make(s), model(s), and model years of the 
covered vehicles, and such o ther information as may be required to identify the 
covered vehicles.
2.A description of the nonconformance and the specific modifications, 
alterations, repairs, adjustments, or other changes to correct the nonconformance, 
including data or engineering evaluation supporting the specific corrections.
3.A description of the method that the manufacturer will use to determine 
the names and addresses of vehicle owners and the manufacturer's method and 
schedule for expeditiously and effectively notifying service facilities and vehicle 
owners of the corrective  action in accordance with section 1958.7, subsection ( f)(4).
4.A copy of all instructions that the manufacturer will use to notify service 
facilities about the required corrective action and the specific corrections, if any, 
that will be required to be made to nonconforming vehicles, including the content 
and placemen t of a label indicating any corrective action that has been performed 
in accordance with  section 1958.7,  subsection ( f)(5).
5.A description of the procedure to be followed by vehicle owners to 
obtain corrective action for the nonconforming vehicles. This must include the 
date, on or after which the owner can have required corrective action performed, 97
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Date of Hearing: January 25 , 202 4
the time reasonably necessary to perform the labor to remedy the nonconformity, 
and the designation of facilities at which the nonconformity can be remedied.
6.If some or all of the nonconforming vehicles are to be corrected by 
persons other than dealers or authorized warranty agents of the manufacturer, a 
description of such class of service agents and what steps, the manufacturer will 
take to assure that such a gents are prepared and equipped to perform the 
proposed corrective action, including a copy of all instructions mailed to such 
service agents.
7.A copy of the letter of notification to be sent to vehicle owners.
8.A proposed schedule for expeditiously implementing the corrective 
action, including identified increments of progress towards full implementation. 
The proposed schedule may include a proposed duration of quarterly reporting 
that is shorter or longer, given  the nature and extent of the nonconformance and 
substance of the corrective action campaign, than the default reporting duration 
under section 1958.7, subsection ( f)(7)(A) if the proposed reporting duration 
extends at least four consecutive quarters beyon d the proposed schedule for 
implementation. The Executive Officer shall approve the proposed alternate 
reporting duration upon determining that the reporting would extend at least at 
least four consecutive quarters beyond the corrective action campaign det ailed in 
the corrective action plan.
9.A description of the method that the manufacturer will use to assure that 
an adequate supply of parts will be available to initiate the corrective action 
campaign on the date set by the manufacturer and that an adequate supply of 
parts will continue to be available throughout the campaign.
10. A description of the anticipated capability of the vehicles to properly 
function as certified and appropriate for their age and mileage after the corrective 
action, including any remaining impact on electric range, drivability, performance, 
durability, or safety, plus supporting data or engineering evaluation.
11. The Executive Officer shall request any additional information, reports, 
or analysis that the Executive Officer, on a case -by-case basis, finds reasonably 
necessary to evaluate the required corrective action plan elements or factors in 98
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section 1958.7, subsection ( f)(1)(B) for approval, which the manufacturer shall 
provide within 30 days upon request.
(B) Approval and Implementation of Corrective Action Plans . 
1. The Executive Officer shall approve a corrective action plan upon 
determining that the plan complies with the provisions of section 1958.7, 
subsection ( f)(1)(A) above and effectively corrects the nonconformity. In 
determining whether a corrective action plan effectively corrects the 
nonconformity, the Executive Officer shall use good engineering judgment to 
evaluate the following factors:  
a.The capability of the vehicles to properly function as certified and 
appropriate for the age and mileage of the vehicle after the corrective action 
and the extent of any ongoing impact to the electric range, drivability, 
performance, durability, or safety of t he motor vehicle class covered by the 
corrective action; and  
b. The reasonable expeditiousness of implementation, taking into 
account any logistical constraints and the potential effects of delay on vehicle 
owners or on the health, welfare, or economy of the State.
2.Within 30 days of receiving an influenced or ordered proposed corrective 
action plan, the Executive Officer shall determine and notify the manufacturer in 
writing whether it has been approved. A voluntary corrective action plan shall be 
deemed approved unl ess disapproved by the Executive Officer within 30 days 
after the Executive Officer's receipt of the corrective action plan.
3.If the Executive Officer disapproves an ordered corrective action plan, the 
Executive Officer shall notify the manufacturer in writing of the disapproval and the 
reasons for the determination. The manufacturer shall submit a revised corrective 
action plan that fully addresses the reasons for the Executive Officer's disapproval 
within 10 days of receipt of the disapproval notice.
4.Upon receipt of the approval notice of an ordered corrective action plan 
from the Executive Officer, the manufacturer shall, within 45 days of receipt of the 
notice, begin to notify vehicle owners and implement the corrective action 
campaign.99
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5.If the Executive Officer disapproves a voluntary or influenced corrective 
action plan, the Executive Officer shall notify the manufacturer in writing of the 
disapproval and the reasons for the determination. The manufacturer shall accept 
any proposed modif ications to the plan as suggested by the Executive Officer, 
submit a revised corrective action plan that fully addresses the reasons for the 
Executive Officer's disapproval within 30 days, or be subject to an Executive Officer 
order that the manufacturer u ndertake appropriate corrective action pursuant to 
section 1958.7, subsection ( e)(3) above.
6.A manufacturer must implement a corrective action plan as approved by 
the Executive Officer and at no cost to vehicle owners. Failure to do so shall be 
considered a violation of this section.
(2)Modification . 
(A) A manufacturer shall submit a modified corrective action plan upon 
determining that its reasonably diligent implementation of an approved corrective 
action plan is not effectively correcting the nonconformity. A modified corrective 
action plan must meet th e requirements of subsection ( f)(1)(A) and shall be approved 
by the Executive Officer according to section 1958.7, subsection ( f)(1)(B).
(B) The Executive Officer shall require a manufacturer to modify an approved 
corrective action plan upon determining that the manufacturer's diligent 
implementation of the approved corrective action plan is not effectively correcting the 
nonconformity. The Exe cutive Officer shall notify the manufacturer according to 
section 1958.7, subsection ( e)(4). A modified corrective action plan must meet the 
requirements of section 1958.7, subsection ( f)(1)(A) and shall be approved by the 
Executive Officer according to section 1958.7, subsection ( f)(1)(B).
(3)Eligibility for Corrective Action.  
(A) The manufacturer may not condition a vehicle owner's eligibility for 
corrective action on the proper maintenance or use of the vehicle.
(B) The manufacturer shall not be obligated to repair a component which has 
been modified or altered such that the corrective action cannot be performed without 
additional cost.100 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(4)Notice to Vehicle Owners . 
(A) The manufacturer shall notify owners of vehicles in the motor vehicle class 
covered by the corrective action. The notice must be made by first -class mail or by 
such other means as approved in the corrective action plan under section 1958.7, 
subsection ( f)(1), on a case -by-case basis, that will ensure notice is provided to the 
owners of vehicles in the specific motor vehicle class. On a case -by-case basis, when 
necessary to assure effective notification to the owners of vehicles in the specific 
motor vehic le class, the Executive Officer may require the use of certified mail or 
electronic notice instead of or in addition to first -class mail.
(B) The manufacturer shall use all reasonable means necessary to locate 
vehicle owners, including motor vehicle registration lists available from the California 
Department of Motor Vehicles and commercial sources such as R.L. Polk & Co.
(C) The notice must contain the following:
1.For ordered corrective actions, a statement: "The California Air Resources 
Board has determined that your vehicle (has or may have) an identified issue that 
violates (California or California and Federal) standards and regulations and 
requires corrective a ction."
2.For voluntary and influenced corrective actions, a statement: "Your 
vehicle (has or may have) an identified issue that requires corrective action," as 
applicable.
3.A statement that the nonconformity of any such vehicles will be remedied 
at the expense of the manufacturer.
4.A statement that eligibility for corrective action may not be denied solely 
on the basis that the vehicle owner used parts not manufactured by the original 
equipment vehicle manufacturer, or had repairs performed by outlets other than 
the vehicle manufactu rer's franchised dealers.
5.Instructions to the vehicle owners on how to obtain corrective action, 
including instructions on whom to contact (i.e., a description of the facilities where 
the vehicles should be taken for the corrective action), the first date that a vehicle 101 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
may be brought in for corrective action, and the time that it will reasonably take to 
correct the nonconformity.
6.The statement: "In order to assure your full protection under the vehicle 
warranty provisions, it is recommended that you have your vehicle serviced as soon 
as possible. Failure to do so could be determined as lack of proper maintenance of 
your vehicle."
7.A telephone number and email address for vehicle owners to report 
difficulty in obtaining corrective action to the manufacturer.
8.A card to be used by a former vehicle owner in the event the vehicle to be 
recalled has been sold and the former owner can provide the manufacturer with 
contact information for the new owner. Such card must be addressed to the 
manufacturer, have postage pr epaid, and provide a space in which the name and 
address of the new owner may be provided.
9.If the corrective action involves recall, the notice must also provide:
a.A clear description of the components that will be affected by the 
corrective action and a general statement of the measures to be taken to 
correct the nonconformity.
b.A statement describing the adverse effects, if any, of an uncorrected 
nonconformance on the range, performance, durability, drivability, or safety of 
the vehicle.
c.A statement that after corrective action has been taken, the 
manufacturer will have the service facility issue a certificate showing that a 
vehicle has been corrected under the recall program, and that such a certificate 
will be required to be provided to the Department of Motor Vehicles as a 
condition for vehicle registration.
(D) A notice sent pursuant to this section 1958.7, subsection ( f)(4) or any other 
communication sent to vehicle owners or dealers may not contain any statement, 
expressed or implied, that the vehicle is compliant.  102 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(5)Label Indicating that Corrective Action Has Been Performed.  
(A) If the corrective action involves recall, the manufacturer shall require those 
who perform inspections or recall repairs to affix a label to each vehicle that has been 
inspected or repaired.
(B) The label must be placed in a location that is commonly accessed by repair 
technicians when verifying key parameters or configuration specifications of the 
vehicle.
(C) The label must be fabricated of a material suitable for the location in which 
it is installed so that is does not readily deteriorate and is not readily removable.
(D) The label must contain a corrective action campaign number and a code 
identifying the facility at which the corrective action was performed, both designated 
by the manufacturer.
(E) Manufacturers are exempt from the label requirements of section 1958.7, 
subsections ( f)(5)(A) through ( f)(5)(D) if the following conditions are met:
1.The corrective action involves only software or software calibration repairs 
or changes and does not involve hardware repairs or changes;
2.The manufacturer keeps a record of the vehicle identification numbers 
(VIN) of all vehicles that were inspected or repaired; and
3.Within 30 days upon request from the Executive Officer, the manufacturer 
provides information about running changes, field fixes, service campaigns, and 
recalls for any given VIN from all vehicles affected by the nonconformity.
(6)Proof of Performance of Corrective Action Certificate for Recalls . If the required 
corrective action involves a recall, the manufacturer shall provide, through its service 
agents, a certificate to owners of vehicles that have had the corrective action performed 
that confirms the vehicle has been recalled and the require d inspection or repairs have 
been performed. The certificate must be identical to the format prescribed by the 
Executive Officer pursuant to title 13, CCR sections 2117  and 2129 .103 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(7)Reporting and Record Keeping Requirements .
(A)Reporting . The manufacturer shall report on the progress of the corrective 
action campaign by submitting reports for eight consecutive quarters, unless 
otherwise specified in the approved corrective action plan under section 
1958.7, subsection ( f)(1), commencing with the calendar -year quarter 
immediately after the corrective action campaign begins. The reports shall be 
submitted no later than 25 days after the close of each calendar -year quarter. 
For each corrective action campaign, the quarterly report must contain  the 
following:  
 
1. The test group and the corrective action campaign number designated 
by the manufacturer and a brief description of the nature of the campaign.
2.The date owner notifications began and date completed.
3.The number of vehicles involved in the corrective action campaign.
4.The number of vehicles known or estimated to be nonconforming and an 
explanation of the means by which this number was determined.
5.The number of vehicles inspected during the campaign since its 
inception.
6.The number of vehicles found to be affected by the nonconformity during 
the campaign since its inception.
7.The number of vehicles receiving corrective action during the campaign 
since its inception.
8.The number of vehicles determined to be unavailable for corrective 
action, during the campaign since its inception, due to exportation, theft, 
scrapping, or other reasons (specify).
9.The number of vehicles, during the campaign since its inception, 
determined to be ineligible for corrective action under section 1958.7, subsection 
(f)(3)(B).104 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
10. An initial list, using the following data elements and designated 
positions, indicating all vehicles subject to recall that the manufacturer has not 
been invoiced for, or a subsequent list indicating all vehicles subject to the recall 
that the manufacturer  has been invoiced for since the previous report. The data 
elements must be written in "ASCII" code without a comma separating each 
element. For example, a single data element would be written as: 
XABC123440922R0053636705152022A1ACCH3879BA012409. The Add o r 
Delete Flag data element in the table below should use an "A" for vehicles for 
which the manufacturer has not been invoiced or a "D" for vehicles that have 
changed status from has not been invoiced to has been invoiced since the 
previous report.
Data Elements Positions
* File Code (designated by DMV) 1
* License Plate Number 2-8
* Last three VIN positions 9-11
* Recall ID Number 12-17
* Mfg. ID Number 18-22
(Mfg. Occupational License Number)
* Recall Start Date (mmddyyyy) 23-30
* Add or Delete Flag (A/D) 31
* Complete VIN 32-48
(File Code "L" or "S")
11. A copy of any service bulletins issued during the reporting period by 
the manufacturer to franchised dealerships or other service agents that relate to 
the nonconformance and the corrective action and that have not previously been 
reported to the Executive Officer.
12. A copy of all communications transmitted to vehicle owners that relate 
to the nonconforming vehicles and the corrective action and that have not been 
previously reported to the Executive Officer.
a.If the manufacturer determines that any of the information submitted to 
the Executive Officer pursuant to section 1958.7, subsection ( f) has 105 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
changed or is incorrect, the manufacturer shall submit the revised 
information, with an explanation.
b.The filing of any report under this section shall not affect the 
manufacturer's responsibility to file reports or applications, obtain 
approval, or give notice under any other provisions of law.
c.Record Keeping . The manufacturer shall maintain the following records 
in a form suitable for inspection, such as computer files, for no less than 
one year beyond the useful life of the vehicles and shall make them 
available to the Executive Officer within 30 days upon request to verify 
complian ce with the requirements of this section.
1.Names and addresses of vehicle owners:  
a.To whom notification was sent;
b.Whose vehicles were repaired or inspected under the corrective 
action campaign;
c.Whose vehicles were determined to be ineligible or unavailable for 
corrective action as described under section 1958.7, subsections ( f)(7)(A)8. and 
(f)(7)(A)9.
2.The information gathered by the manufacturer to compile the reports 
required under this subsection.
3.Facility locations corresponding to facility codes created pursuant to the 
label requirements of section 1958.7, subsection ( f)(5)(D).
(8)Extension of Time . A manufacturer may request an extension of a deadline set 
forth in section 1958.7, subsection ( f) at least 20 days before the specified date. Along 
with such request, the manufacturer shall provide documentation regarding the time that 
the manufacturer reasonably believes is necessary to comply with the requirement and an 
explanation of why complianc e is not or could not be timely despite the exercise of 
reasonable diligence. The Executive Officer shall grant a manufacturer a reasonable 
extension of time upon the manufacturer demonstrating that despite the exercise of 106 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
reasonable diligence, the manufacturer is unable to comply in the time initially provided. 
The Executive Officer shall determine the reasonable extension of time on a case -by-case 
basis considering both the evidence provided by the manufacturer and what ef fect any 
delay caused by granting the extension may have on effective enforcement, vehicle 
owners, or the health, welfare, and economy of the State. The Executive Officer shall 
notify the manufacturer of their decision in writing at least 7 days before the  time 
requirement for which the manufacturer has requested the extension.
(g) Enforcement and Penalties . 
(1)A manufacturer will be subject to penalties pursuant to the applicable 
provisions of the Health and Safety Code, including under sections 43016  and 43212 , for 
violations of the requirements of this section.
(2)In addition to any other failure to meet a requirement of this section, 
submitting incorrect information, or failing to submit required information, is a violation of 
this section for which violators are subject to penalty as provided by law. Each failure to 
comply, including each incorrect or omitted statement in a submission to the Executive 
Officer is a separate violation of this section.
(h) Electronic submittal . Unless otherwise specified, reports, documentation, notices, 
and requests under this section must be provided to CARB through the electronic filing 
system, E -File, available through the website: https://login.arb.ca.gov/
(i) Severability . Each provision of this section is severable, and in the event that any 
provision of this section is held to be invalid, the remainder of this article remains in full 
force and effect.  
Note: Authority cited: Sections 39600, 39601, 39602.5, 43013, 43018, 43 100, 43101, 
43104, 43105, 43106 and 43107, Health and Safety Code .
Reference: Sections 38562 , 39002, 39003, 39010, 39018, 39600, 39601, 39602.5, 43013, 
43016, 43018, 43018.5, 43100, 43101, 43104, 43105, 43106,  43107,  43151, 43152, 
43153, 43154, 43205.5, 43211  and 43212, Health and Safety Code.107 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
9. Amend Title 13, CCR , Chapter 1, Article 2, Section  1976 to read as follows:
§ 1976. Standards and Test Procedures for Motor Vehicle Fuel Evaporative 
Emissions.
*       *       *       *       *
(b)(1) Evaporative emissions for 1978 and subsequent model gasoline -fueled, 1983 
and subsequent model liquefied petroleum gas -fueled, and 1993 and subsequent model 
alcohol -fueled motor vehicles and hybrid electric vehicles subject to exhaust emission 
stand ards under this article, except (unless otherwise indicated) petroleum -fueled diesel 
vehicles, compressed natural gas -fueled vehicles, and motorcycles, shall not exceed the 
following standards:
*       *       *       *       *
(F) For the 2004 through 2014 model motor vehicles identified below, tested 
in accordance with the test procedures described in Title 40, Code of Federal 
Regulations, sections 86.130 -78 through 86.143 -90 as they existed July 1, 1989 and as 
modified by the “California Evaporative Emission Standards and Test Procedures for 
2001  through 2025 Model Year Passenger Cars, Light -Duty Trucks, Medium -Duty 
Vehicles, and Heavy -Duty Vehicles and 2001 through 2027 Model Year Motorcycles , 
and Subsequent Model Motor Vehicles ” incorporated by reference in section 1976(c), 
the evaporative emission standards are:
*       *       *       *       *
(G) For 2015 and subsequent model motor vehicles, the following evaporative 
emission requirements apply:
1. A manufacturer must certify all vehicles subject to this section to the 
emission standards specified in either Option 1 or Option 2 below.
a. Option 1 . The evaporative emissions from 2015 and subsequent 
model motor vehicles, tested in accordance with the test procedure sequence 
described in the “California Evaporative Emission Standards and Test 
Procedures for 2001 through 2025 Model Year Passenger Cars, Light -Duty 
Trucks, Medium -Duty Vehicles, and Heavy -Duty Vehicles and 2001 through 
2027 Model Year Motorcycles  and Subsequent Model Motor Vehicles ,” 
incorporated by reference in section 1976(c), shall not exceed:108 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
*       *       *       *       *
b. Option 2 . The evaporative emissions from 2015 and subsequent 
model motor vehicles, tested in accordance with the test procedure sequence 
described in the “California Evaporative Emission Standards and Test 
Procedures for 2001 through 2025 Model Year Passenger Cars, Light -Duty 
Trucks, Medium -Duty Vehicles, and Heavy -Duty Vehicles and 2001 through 
2027 Model Year Motorcycles  and Subsequent Model Motor Vehicles ,” 
incorporated by reference in section 1976(c), shall not exceed:
Vehicle Type Hydrocarbon(1) Emission Standards(2)
Running Loss 
(grams per mile)Highest Whole Vehicle 
Diurnal + Hot 
Soak(3)(4)(5) (grams per 
test)Canister 
Bleed(6) (grams 
per test)
Passenger cars; and Light -
duty trucks 6,000 lbs. GVWR 
and under, and 0 -3,750 lbs. 
LVW0.05 0.300 0.020
Light -duty trucks 6,000 lbs. 
GVWR and under, and 3,751 -
5,750 lbs. LVW0.05 0.400 0.020
Light -duty trucks 6,001 -8,500 
lbs. GVWR; and Medium -
duty passenger vehicles0.05 0.500 0.020
Medium -duty vehicles 
(8,501 -14,000 lbs. GVWR); 
and Heavy -duty vehicles 
(over 14,000 lbs. GVWR)0.05 0.600 0.030
*       *       *       *       *
6 Vehicle Canister Bleed Emission.  Compliance with the canister bleed emission standard shall be 
determined based on the Bleed Emission Test Procedure described in the “California Evaporative 
Emission Standards and Test Procedures for 2001 through 2025 Model Year Passenger Cars, 
Light -Duty Trucks, Medium -Duty Vehicles, and Heavy -Duty Vehicles and 2001 through 2027 
Model Year Motorcycles  and Subsequent Model Motor Vehicles ,” incorporated by reference in 
section 1976(c), and demonstrated on a stabilized canister system. Vehicles with a non -integrated 
refueling canister -only system are exempt from the canister bleed emission standard.109 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
*       *       *       *       *
6. Effective leak diameter standard and procedure. Manufacturers shall 
demonstrate that for 2018 and subsequent model vehicles ≤ 14,000 lbs. GVWR 
certifying to the evaporative emission standards set forth in 1976(b)(1)(G), fuel 
systems do not exceed an effective leak diameter of 0.02 inches when tested in 
accordance with the test procedure sequence described in the “Calif ornia 
Evaporative Emission Standards and Test Procedures for 2001  through 2025 
Model Year Passenger Cars, Light -Duty Trucks, Medium -Duty Vehicles, and Heavy -
Duty Vehicles and 2001 through 2027 Model Year Motorcycles  and Subsequent 
Model Motor Vehicles ,” incorporated by reference in section 1976(c). This 
requirement does not apply to 2021 and previous model vehicles certified by a 
small volume manufacturer. For vehicles with fuel tanks exceeding 25 gallons 
nominal fuel tank capacity, manufacturers may reques t approval from the Executive 
Officer for a leak standard greater than 0.020 inches, up to a maximum value of 
0.040 inches.
7. Auxiliary engines and fuel systems. For 2017 and subsequent model 
vehicles ≤6,000 lbs. GVWR equipped with an auxiliary engine and 2018 and 
subsequent model vehicles >6,000 lbs. GVWR equipped with an auxiliary engine, 
manufacturers shall demonstrate comp liance in accordance with the provisions set 
forth in the “California Evaporative Emission Standards and Test Procedures for 
2001 through 2025 Model Year Passenger Cars, Light -Duty Trucks, Medium -Duty 
Vehicles, and Heavy -Duty Vehicles and 2001 and Subseque nt through 2027 Model 
Year Motorcycles”  or the “California Evaporative Emission Standards and Test 
Procedures for 2026 and Subsequent Model Year Passenger Cars, Light -Duty 
Trucks, Medium -Duty Vehicles, and Heavy -Duty Vehicles,” as applicable, 
incorporated by reference in section 1976(c). These requirements do not apply to 
2021 and previous model vehicles certified by a small volume manufacturer. For 
2026 and subsequent model year motor vehicles, these requirements apply to any 
auxiliary fuel system, includi ng a fuel fired heater. These requirements also apply to 
motor vehicles that are exempt from exhaust emission certification, dedicated 
petroleum -fueled diesel vehicles, and dedicated compressed natural gas -fueled 
vehicles.
(H) For 2026 and subsequent model year motor vehicles, the following 
evaporative emission requirements apply in addition to the requirements in section 
1976(b)(1)(G):110 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
1. Running loss hydrocarbon emission standard . Running loss emissions 
shall not exceed 0.01 grams per mile for all vehicle types.
Phase -in schedule for running loss:
For each model year, a manufacturer shall certify, at a minimum, the specified 
percentage of its vehicle fleet to these standards according to the 
implementation schedule set forth below. For this calculation, the 
manufacturer's vehicle fleet is defined as the total vehicles produced and 
delivered for sale by the manufactur er in California that are subject to this 
standard.
Model Year Minimum Percentage of Vehicle Fleet  (1)
2026 30
2027 60
2028 and subsequent 100
(1) Small volume manufacturers are not required to comply with the phase -in 
schedule set forth in this table. Instead, they must certify 100 percent of their 
2028 and subsequent model year vehicle fleet to the standards.
2. 2028 and subsequent model year vehicles must meet the minimum canister 
size requirement for vehicles that have a tank pressure exceeding 10 inches of 
water during the running loss test.  Compliance with minimum canister size 
requirement is demonstrated using the equation in the “California Evaporative 
Emission Standards and Test Procedures for 2026 and Subsequent Model Year 
Passenger Cars, Light -Duty Trucks, Medium -Duty Vehicles, and Heavy -Duty 
Vehicles,” incorporated by reference in section 1976(c).
*       *       *       *       *
(b)(2) Evaporative emissions for gasoline -fueled motorcycles subject to exhaust 
emission standards under this article shall not exceed:
Motor Vehicle Class Model Year Hydrocarbons  (grams per 
test)
Class I and II (50 -279cc) 1983 and 1984 6.0 (grams per test)111 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
Motor Vehicle Class Model Year Hydrocarbons  (grams per 
test)
1985 and subsequent  
through 20272.0 (grams per test)
Class III (280cc and larger) 1984 and 1985 6.0 (grams per test)
1986 and subsequent  
through 20272.0 (grams per test)
Class III (280cc and larger)
(Optional Standard for Small -
Volume Motorcycle
Manufacturers)1986 -1988 6.0 (grams per test)
Class I, II, and III (50cc and 
larger)2028 and subsequent Diurnal: 1.0 grams per day1
Hot soak: 0.2 grams per test 
Small  Volume Motorcycle 
Manufacturers2028 and subsequent 2.0 (grams per test)
1 Highest 24 -hour diurnal test result over three consecutive 24 -hour diurnal test periods.
(H) For 2026 and subsequent model year motor vehicles, the following 
evaporative emission requirements apply in addition to the requirements in 
section 1976(b)(1)(G):
1. Running loss hydrocarbon emission standard . Running loss emissions shall 
not exceed 0.01 grams per mile for all vehicle types.
Phase -in schedule for running loss:
For each model year, a manufacturer shall certify, at a minimum, the specified 
percentage of its vehicle fleet to these standards according to the 
implementation schedule set forth below. For this calculation, the 
manufacturer's vehicle fleet is defined as the total vehicles produced and 
delivered for sale by the manufacturer in Cali fornia that are subject to this 
standard.
Model Year Minimum Percentage of Vehicle Fleet  (1)112 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
2026 30
2027 60
2028 and subsequent 100
(1)  Small volume manufacturers are not required to comply with the phase -
in schedule set forth in this table. Instead, they must certify 100 percent of 
their 2028 and subsequent model year vehicle fleet to the standards.
2. 2028 and subsequent model year vehicles must meet the minimum canister 
size requirement for vehicles that have a tank pressure exceeding 10 inches of 
water during the running loss test.
a Compliance with minimum canister size requirement is demonstrated 
using the equation in the “California Evaporative Emission Standards and 
Test Procedures for 2026 and Subsequent Model Year Passenger Cars, 
Light -Duty Trucks, Medium -Duty Vehicles, and Hea vy-Duty Vehicles,” 
incorporated by reference in section 1976(c).
(c) Test Procedures .
(1)The test procedures for determining compliance with the standards in 
subsection s (b)(1) and  (b)(2) above applicable to 1978 through 2000 model year vehicles 
are set forth in “California Evaporative Emission Standards and Test Procedures for 1978 -
2000 Model Motor Vehicles,” adopted by the state board on April 16, 1975, as last 
amended August 5, 1999, which is incorporated h erein by reference.
(2)The test procedures for determining compliance with standards in subsection 
(b)(1)  applicable to 2001 through 2025 model year passenger cars, light -duty trucks, 
medium -duty vehicles , and heavy duty vehicles and with standards in subsection (b)(2) 
applicable to 20 01 through 2027 model year motorcycles  are set forth in the “California 
Evaporative Emission Standards and Test Procedures for 2001 through 2025 Model Year 
Passenger Cars, Light -Duty Trucks, Medium -Duty Vehicles, and Heavy -Duty Vehicles and 
2001  and Subsequent  through 2027  Model Year Motorcycles,” adopted by the state 
board on August 5, 1999, and as last amended August 25, 2022 [INSERT DATE OF 
AMENDMENT ], which is incorporated herein by reference.
(3)The test procedures for determining compliance with standards  in subsection 
(b)(1) applicable to 2026 and subsequent model year vehicles  other than motorcycles  are 
set forth in the “California Evaporative Emission Standards and Test Procedures for 2026 
and Subsequent Model Year Passenger Cars, Light -Duty Trucks, Medium -Duty Vehicles, 113 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
and Heavy -Duty Vehicles,” adopted by the state board on August 25, 2022, which is 
incorporated herein by reference .
(4)Except as noted in subsection s (c)(5) and (c)( 6), the test procedures for 
determining compliance with the standards in subsection (b) (2) applicable to  2028 and 
subsequent model year motorcycles are set forth in , “TP-934 Test Procedure for 
Determining Evaporative Emissions from Model Year 2028 and Subsequent On-Road 
Motorcycles”, (TP-934) adopted by the state board on  INSERT ADOPTION DATE , which is  
incorporated herein by reference .
(5)For model year 2028, up to 70% of the motorcycles sold by a manufacturer 
may be equipped with evaporative emissions control systems that meet the standards in 
subsection (b)(2) and test procedures in subsection (c)(2) applicable for model years 
1986 -2027.  For model year 2029, up to 40% of the motorcycles sold by a manufacturer 
may be equipped with evaporative emissions control systems that meet the standards in 
subsection (b)(2) and test procedures in subsection (c)(2) applicable for model years 
1986 -2027.
(6)For model years 2028 and subsequent, small  volume motorcycle 
manufacturers may use  the test procedure  “California Evaporative Emission Standards 
and Test Procedures for 2001 through 2025 Model  Year Passenger Cars, Light -Duty 
Trucks, Medium -Duty  Vehicles, and Heavy -Duty Vehicles and 2001 through 2027 Model 
Year Motorcycles ,” adopted by the state board on August 5,  1999, and as last amended 
INSERT ADOPTION DATE , which is incorporated by reference herein. Prior to  conducting  
Section IV, subsection 4(iii ) of the evaporative test procedure  in subsection (c)( 6), fuel cap 
durability cycling shall be completed as prescribed in section 4.4 of TP -934.
(d) Motorcycle engine families certified to 0.2 grams per test or more below the 
applicable standards shall be exempted from the state board's "Specifications for Fill 
Pipes and Openings of Motor Vehicle Fuel Tanks" pursuant to section 2235, Title 13, 
California Code of Regulations . The following motorcycles shall be exempted from the 
State Board's “Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks” 
pursuant to title 13, California Code of Regulations  section 2235 :
(1)Model year 1983 through 2027  motorcycle  engine families that are certified to 
0.2 grams per test or more below the applicable standards .114 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(2)Model year 202 8 and subsequent motorcycle engine families that are 
manufactured  by a small  volume  motorcycle  manufacturer and are certified to 0.2 grams 
per test or more below the applicable standards.
(3)Motorcycle engine families that are certified to meet the diurnal and hot soak 
standards for model year 2028 and subsequent .
*       *       *       *       *
(f) Definitions Specific to this Section .
(1) For purposes of this section, “small volume motorcycle manufacturer” for model 
years 2027 and prior means a manufacturer which sells less than 5,000 new motorcycles 
per year in California.  “Small volume motorcycle manufacturer” for model years 2028 and 
subsequent means a manufacturer which sells less than 300 new  street -use motorcycles 
per model year in California .
*       *       *       *       *
Note: Authority cited: Sections 39500,  39600, 39601, 39602.5, 39667, 43013, 43018, 
43100, 43101, 43104, 43105, 43106 and  43107, Health and Safety Code.
Reference: Sections 39002, 39003, 39500, 39667, 43000, 43009.5, 43013, 43016, 43018, 
43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204 and 43205, Health 
and Safety Code.115 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
10. Amend Title 13, CCR , Chapter 1, Article 6, Section  2036 to read as follows:
§ 2036. Defects Warranty Requirements for 1979 Through 1989 Model Passenger 
Cars, Light --Duty Trucks, and Medium --Duty Vehicles; 1979 and Subsequent Model 
Motorcycles and Heavy --Duty Vehicles; and Motor Vehicle Engines Used in Such 
Vehicles; and 2020 and Subsequent Model Year Trailers.
*       *       *       *       *
(b) General Emissions Warranty Coverage .
The manufacturer of each motor vehicle, motor vehicle engine, or trailer shall warrant to 
the ultimate purchaser and each subsequent purchaser that the vehicle, engine, or trailer  
is:
(1)Designed, built, and equipped so as to conform, at the time of sale, with all 
applicable regulations adopted by the Air Resources Board pursuant to its authority in 
chapters 1 and 2, part 5, division 26 of the Health and Safety Code and part 1, division 
25.5 of the Health and Safety Code; and
(2)Free from defects in materials and workmanship which cause the failure of a 
warranted part to be identical in all material respects to that part as described in the 
vehicle, engine, or trailer manufacturer's application for certification. In addition, for the 
vehicles specified below in subparagraphs (A) through (C)(D), the manufacturer shall 
warrant such vehicles are free from defects in materials and workmanship which cause the 
vehicle's on -board diagnostic malfunction indicator light to illuminate.
(A) for For 2022 through 2027 model year diesel -powered heavy -duty vehicles 
greater than 14,000 pounds GVWR which are equipped with 2022 through 2026 
model year heavy -duty diesel engines certified on only diesel fuel, and 2022 through 
2026 model year heavy -duty diese l engines certified on only diesel fuel used in such 
vehicles.
(B) for For 2027 and subsequent model year heavy -duty vehicles greater than 
14,000 pounds GVWR which are equipped with 2027 and subsequent model year 
heavy -duty engines, and 2027 and subsequent model year heavy -duty engines used 
in such vehicles ;. and116 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(C) for For 2022 and subsequent model year heavy -duty hybrid vehicles 
greater than 14,000 pounds GVWR, or 2022 and subsequent model year incomplete 
hybrid vehicles from 10,001 to 14,000 pounds GVWR, which are equipped with 2022 
and subsequent model year hybrid powertr ains optionally certified pursuant to 13 
CCR § 1956.8 . ,  any defects in materials or workmanship which cause the vehicle's on -
board diagnostic malfunction indicator light to illuminate.
(D) For 202 8 and subsequent model year Class III street -use motorcycles 
which are equipped with on -board diagnostic systems certified  pursuant to 13 CCR § 
1958.2. 
(c) Warranty Period . 
The warranty period applicable to this section shall be:
(1)In the case of Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 
to 10.4 cu. in.), a period of use of five years or 12,000 kilometers (7,456 miles), whichever 
first occurs.
(2)In the case of Class II motorcycles and motorcycle engines (170 to 279 cc or 
10.4 to 17.1 cu. in.) :
(A) Manufactured prior to model year 2028 , a period of use of five years or 
18,000 kilometers (11,185 miles), whichever first occurs.
(B) Manufactured  for model year 2028 and subsequent , a period of use of five 
years or 20,000 kilometers ( 12,427  miles), whichever first occurs.
(3)In the case of Class III motorcycles and motorcycle engines (280 cc and larger 
or 17.1 cu. in. and larger) : 
(A) Manufactured prior to model year 2028 , a period of use of five years or 
30,000 kilometers (18,641 miles), whichever first occurs.  
(B) Manufactured  for model year 2028 and subsequent Class III motorcycles 
and motorcycle engines that are 280 cc through 799 cc  (17.1 through 48.8 cu. in.), a 
period of use of five years or 3 5,000 kilometers ( 21,748  miles), whichever first occurs.117 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
(C) Manufactured for model year 2028 and subsequent Class III motorcycles 
and motorcycle engines that are 800 cc and larger (48.8 cu. In. and larger) , a period of 
use of five years or 50,000 kilometers ( 31,069  miles), whichever first occurs.
*       *       *       *       *
(8)(A)  In the case of heavy -duty vehicles greater than 14,000 pounds GVWR 
which aerare equipped with 2026 and prior model year motor behicle vehicle  engines, 
and motor vehicle engines used in such vehicles, (except for diesel -powered heavy -
duty vehicles, and motor vehicle engines used in such vehicles), a period of use of five 
years or 50,000 miles, whichever first occurs. However, in no case may this  period be 
less than the basic mechanical warranty period that the manufacturer provides (with or 
without add itional charge) to the purchaser of the engine. Extended warranties on 
select parts do not extend the emissions warranty requirements for the entire engine 
but only for those parts. In cases where responsibility for an extended warranty is 
shared between t he owner and the manufacturer, the emissions warranty shall also be 
shared in the same manner as specified in the warranty agreement.
*       *       *       *       *
(f)(1)  Commencing with 1980 models sold on or after September 1, 1979, each 
manufacturer shall furnish with each new vehicle or engine a list of the warranted parts 
installed on that vehicle or engine. The list shall include those parts included on the Air 
Resources Board “Emissions Warranty Parts List,” dated December 14, 1978, as amended 
on February 22, 1985, and incorporated herein by reference.
*       *       *       *       *
(F) In the case of 202 8 and subsequent model year Class III street -use 
motorcycles which are equipped with on -board diagnostic systems certified pursuant 
to 13 CCR § 1958.2 , each manufacturer shall furnish a list that includes any part that 
can cause the motorcycle 's on-board diagnostic malfunction indicator light to 
illuminate.
(g) Except for 1980 and 1981 model motorcycles, each manufacturer shall submit the 
documents required by sections (e) and (f), with the manufacturer's preliminary 
application for new vehicle, engine, or trailer certification for approval by the Executive 
Officer. The Executive Officer may reject or require modification of the manufacturer's list 118 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
of warranted parts to ensure that each such list is of proper scope and also may reject or 
require modification of any of the documents required by subsection (e). Approval by the 
Executive Officer of the documents required by subsections (e) and (f), shal l be a 
condition of certification. The Executive Officer shall approve or disapprove the 
documents required by subsections (e) and (f), within 90 days of the date such documents 
are received from the manufacturer. Any disapproval shall be accompanied by a 
statement of the reasons therefore. In the event of disapproval, the manufacturer may 
petition the Board to review the decision of the Executive Officer.
*       *       *       *       *
Credits
NOTE : Authority cited: Sections 38501, 38505, 38510, 38560, 39600 and 39601, Health 
and Safety Code. 
Reference: Sections 38501, 38505, 38510, 38560, 43016, 43106, 43204, 43205.5, 44004, 
44010, 44011, 44012, 44015 and 44017, Health and Safety Code.119 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
11. Amend Title 13, CCR, Chapter 2, Article 2.1, Section 2 112 to read as follows:
§ 2112. Definitions.
*       *       *       *       *
(l) “Useful life” means, for the purposes of this article:
(1)For Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 to 10.4 cu. 
in.):,  
(A) Produced in model year 2027 and prior , a period of use of five years or 
12,000 kilometers (7,456 miles), whichever first occurs.
(B) Produced in model year 2028 and subsequent, a period of use of five 
years or  11,000 kilometers ( 6,835 miles ), whichever first occurs.
(2)For Class II motorcycles and motorcycle engines (170 to 279 cc or 10.4 to 17.1 
cu. in.) : 
(A) Produced in model year 2027 and prior , a period of use of five years or 
18,000 kilometers (11,185 miles), whichever first occurs.  
(B) Produced in model year 2028 and subsequent, a period of use of five 
years or 20,000 kilometers (1 2,427  miles), whichever first occurs.
(3)For Class III motorcycles and motorcycle engines (280 cc and larger or 17.1 cu. 
in. and larger) : 
(A) Produced in model year 2027 and prior , a period of use of five years or 
30,000 kilometers (18,641 miles), whichever first occurs.  
(B) For Class III motorcycles and motorcycle engines produced in model year 
2028 and subsequent , the following useful life shall apply .120 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
1.For Class III  motorcycle  and motorcycle engines less than 800 cc (or 48.8 
cu. in.) , the full useful life is five  years or 35,000 km (21,748 miles), whichever 
occurs first .
2.For Class III  motorcycle and motorcycle engines greater  than or equal to 
800 cc (or 48.8 cu. in.)  the full useful life is five  years or 5 0,000 km ( 31,069 miles), 
whichever occurs first .
*       *       *       *       *
NOTE : Authority cited: Sections 38501, 38505, 38510, 38560, 39010, 39600, 39601, 
43013, 43018, 43101, 43104, 43105 and 43806, Health and Safety Code; and Section 
28114, Vehicle Code. 
Reference: Sections 38501, 38505, 38510, 38560, 39002, 39003, 39010, 39500, 39601, 
43000, 43009.5, 43013, 43016, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 
43106, 43107, 43202, 43204 -43205.5, 43206, 43210, 43211, 43212, 43213 and 43806, 
Health and Safety Code; and Section 28114, Vehicle Code121 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
12. Amend Title 13, CCR, Chapter 16,  Article 2,  Section 290 3 to read as follows:
§ 2903. Definitions .
The following definitions shall govern the provisions of this Article 2.
*       *       *       *       *
"Low California production for sale engine family" means a street -use motorcycle family 
or street -use motorcycle engine family or zero -emission motorcycle ( ZEM ) test group with 
a maximum of 100 units. The maximum allowable number of units shall be calculated 
based on the final annual production for sale volume reports submitted in accordance 
with Title 40, Code of Federal Regulations, Part 86, section 86.415 -78, incorporated  in 
Title 13, section 1958, subsection (c) , or projected production for sale data re ported in 
accordance with Title 40, Code of Federal Regulations, Part 86, section 86.416 -80, 
incorporated in Title 13, section 1958, subsection (c), if final sales data is not available , or 
Title 13, section 1958.1 .
The number of "low California production for sale engine family" applications that a 
manufacturer may submit for each model year is based on the average total number of 
units that manufacturer produced for sale in California for the three previous consecut ive 
model years. For manufacturers seeking certification for the first time in California, model -
year production volume shall be based on projected California sales.
1) A manufacturer that produced for sale in California more than an average of 
2,500 total units for the previous three model years may submit no more than three 
"low California production for sale engine family" applications for each model year 
and may not use the low California production manufacturer provision for any other 
applications of the same model year.
2) A manufacturer that produces for sale in California an average of 2,500 or fewer 
total units for the previous three model years may submit up to six "low California 
production for sale engine family" applications for each model year and may not use 
the low California production manufacturer provision for any other applications of 
the same model year.
*       *       *       *       *
"Zero -Emission Mo torcycle  (ZEM) Test Group " means any zero -emission motorcycle (ZEM) 
or group of ZEMs subject to the certification requirements in Title 13, section 1958.4 .122 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
*       *       *       *       *
Note: Authority cited: Sections 39600, 39601, 43019, 43019.1 and 43202.6, Health and 
Safety Code. Reference: Sections 43000, 43000.5, 43013, 43018, 43019 and 43019.1, 
Health and Safety Code.123 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
13. Amend Title 13, CCR , Chapter 16, Section  2904 to read as follows:
§ 2904. Certification Fees for On -Road Mobile Sources.
*       *       *       *       *
(c) Certification Fees for Street -use Motorcycle Families , and Motorcycle Engine 
Families , and Zero -Emission Motorcycle (ZEM) Test Groups .
*       *       *       *       *
(3)For model year 2025, the certification fees for street -use motorcycle families and 
motorcycle engine families and Zero -Emission Motorcycle (ZEM) Test Groups shall 
be set as follows . 
 Fee Type
CategoryBase 
FeeLow California 
Production 
ManufacturerPartial 
Carry -
OverCarry -
OverLow California 
Production for Sale 
Engine Family
Street -use 
motorcycle family 
and motorcycle 
engine family$17,447 $13,085 $8,724 $4,362 $872
ZEM test group $4,362 NA NA NA $872
*Certification of ZEM test groups  begins with model year 2028.
(4)For the 202 8 and subsequent model years, the certification fees shall be 
calculated in accordance with subsection (f).  
*       *       *       *       *124 
Date of Release: Novem ber 28, 2023; 45 -day Notice Version  
Date of Hearing: January 25 , 202 4
NOTE : Authority cited: Sections 39600, 39601, 43019, 43019.1 and 43202.6, Health and 
Safety Code. Reference: Sections 43000, 43000.5, 43013, 43018, 43019 and 43019.1, 
Health and Safety Code.