State of California

AIR RESOURCES BOARD

Resolution 12-11

January 26, 2012

Agenda Item No.: 12-1-2

ADVANCED CLEAN CARS REGULATION PACKAGE:

“LEV III” AMENDMENTS TO THE CALIFORNIA GREENHOUSE GAS AND CRITERIA 

POLLUTANT EXHAUST AND EVAPORATIVE EMISSION STANDARDS AND TEST 

PROCEDURES AND TO THE ON-BOARD DIAGNOSTIC SYSTEM REQUIREMENTS 

FOR PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES, AND 

TO THE EVAPORATIVE EMISSION REQUIREMENTS FOR HEAVY-DUTY VEHICLES

2012 AMENDMENTS TO THE CALIFORNIA ZERO-EMISSION VEHICLE PROGRAM 

REGULATIONS

2012 AMENDMENTS TO THE CLEAN FUELS OUTLET REGULATIONS

GENERAL

WHEREAS, sections 39600 and 39601 of California’s Health and Safety Code authorize 

the Air Resources Board (ARB or Board) to adopt standards, rules and regulations and 

to do such acts as may be necessary for the proper execution of the powers and duties 

granted to and imposed upon the Board by law;

WHEREAS, in section 43000 of the Health and Safety Code, the Legislature has 

declared that the emission of air pollutants from motor vehicles is the primary cause of 

air pollution in many parts of the State, and sections 39002 and 39003 of the Health and 

Safety Code charge the Board with the responsibility of air pollution control from motor 

vehicles;

WHEREAS, sections 43013, 43101, and 43104 of the Health and Safety Code 

authorizes the Board to adopt emission standards and test procedures to control air 

pollution caused by motor vehicles;

WHEREAS, section 43018(a) of the Health and Safety Code directs the Board to 

endeavor to achieve the maximum degree of emission reduction possible from vehicular 

and other mobile sources in order to accomplish the attainment of State ambient air 

quality standards at the earliest practicable date;
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WHEREAS, section 43018(c) of the Health and Safety Code provides that in carrying 

out section 43018, the Board shall adopt standards and regulations that will result in the 

most cost-effective combination of control measures on all classes of motor vehicles 

and motor vehicle fuel, including but not limited to reductions in motor vehicle exhaust 

and evaporative emissions, and reductions in in-use vehicular emissions through 

durability, performance improvements, and specification of vehicular fuel composition;

WHEREAS, section 39667 of the Health and Safety Code directs the Board to consider 

revisions to ARB’s emissions standards for vehicular sources to achieve the maximum 

possible reduction in public exposure to substances that the Board has identified as 

toxic air contaminants pursuant to section 39662 of the Health and Safety Code; such 

regulations affecting new motor vehicles are to be based on the most advanced 

technology feasible for the model-year and may include, but are not limited to, the 

required installation of vehicular control measures on new motor vehicles; 

WHEREAS, the Board’s California State Implementation Plan (SIP) for ozone 

establishes the State strategy for attaining the ambient air quality standard for ozone in 

all areas of the State as required by federal law; as part of the mobile source element 

developed by ARB, the SIP relies on the California Low-Emission Vehicle (LEV) 

program to provide significant reductions of ozone precursor pollutant emissions from 

passenger cars and light-duty trucks; and to reach the 1997 ozone standard by the 

attainment date in 2023, oxides of nitrogen (NOx) emissions in the greater Los Angeles 

region must be reduced by two-thirds, even after considering all of the regulations in 

place today with the most significant share of needed emission reductions coming from 

long-term advanced clean air technologies;

WHEREAS, California’s passenger cars and light-duty trucks are the single largest 

contributor of greenhouse gas emissions in the State, producing approximately 30 

percent of all such emissions;

WHEREAS, California enacted Assembly Bill (AB) 1493 (Pavley) (codified at Health and 

Safety Code section 43018.5), which directs the Board to develop and adopt regulations 

that achieve the maximum feasible and cost-effective reductions of greenhouse gas 

emissions from motor vehicles, beginning with the 2009 model year;

WHEREAS, in recognition of the devastating impacts of climate change emissions on 

California, Governor Arnold Schwarzenegger, in June 2005, enacted Executive Order 

S-3-05 which established the following greenhouse gas emission targets:

• By 2010, reduce greenhouse gas emissions to 2000 levels;

• By 2020, reduce greenhouse gas emissions to 1990 levels; and

• By 2050, reduce greenhouse gas emission 80 percent below 1990 levels.

WHEREAS, the Legislature enacted the California Global Warming Solutions Act of 

2006 (AB 32; Health and Safety Code section 38500 et seq.), which declares that global 

warming poses a serious threat to the environment of California and creates a 
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comprehensive multi-year program to reduce greenhouse gas emissions that cause 

global warming;

WHEREAS, in December 2008, the Board adopted a Scoping Plan to chart ARB’s 

course toward meeting the requirements of the Global Warming Solutions Act of 2006;

and

WHEREAS, the AB 32 Scoping Plan identifies “California Light-Duty Vehicle 

Greenhouse Gas Standards,” which include both implementation of the current “Pavley”

standards and the development of the proposed “Pavley II light-duty vehicle standards,” 

as part of the “Recommended Greenhouse Gas Reduction Measures” for reducing 

California’s greenhouse gas emissions to 1990 levels by 2020.

LOW-EMISSION VEHICLE REGULATIONS BACKGROUND

WHEREAS, in a 1998-1999 rulemaking, the Board adopted the “LEV II” amendments to

the California Low-Emission Vehicle (LEV) regulations, which include three primary 

elements: (1) tiers of exhaust emission standards for increasingly more stringent 

categories of low-emission light- and medium-duty vehicles and tightening standards on 

sport-utility vehicles; (2) a mechanism requiring each manufacturer to phase-in a 

progressively cleaner mix of vehicles from year to year with the option of credit trading; 

and (3) a requirement that a specified percentage of passenger cars and lighter lightduty trucks be zero-emission vehicles (ZEV);

WHEREAS, the LEV II regulations are contained primarily in title 13, California Code of 

Regulations, sections 1960.1 and 1961, which incorporates by reference the “California 

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model 

Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles” and the “California 

Non-Methane Organic Gas Test Procedures”; section 1956.8, which incorporates by 

reference the "California Exhaust Emission Standards and Test Procedures for 2004 

and Subsequent Model Heavy-Duty Otto-Cycle Engines" and the "California Exhaust 

Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty 

Diesel Engines and Vehicles”; section 1976, which incorporates by reference the 

"California Evaporative Emission Standards and Test Procedures for 2001 and 

Subsequent Model Motor Vehicles”; section 1978 which incorporates by reference the

"California Refueling Emission Standards and Test Procedures for 2001 and 

Subsequent Model Motor Vehicles”; and section 2235, which incorporates by reference 

the "Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks”; 

WHEREAS, under the LEV II regulations there are four low-emission vehicle categories 

to which a passenger car, light-duty truck, and medium-duty vehicle are certified: LowEmission Vehicle (LEV), Ultra-Low-Emission Vehicle (ULEV), Super-Ultra-LowEmission Vehicle (SULEV), and ZEV;

WHEREAS, the LEV II regulations include separate standards for non-methane organic 

gas (NMOG) emissions and oxides of nitrogen (NOx) emissions and establish fleet 
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average NMOG requirements to reduce emissions from new passenger cars and lightduty trucks;

WHEREAS, the full useful life durability requirement for LEV II vehicles is 120,000 

miles;

WHEREAS, Partial Zero-Emission Vehicles (PZEV) are SULEVs that receive partial 

ZEV credit, based on additional criteria set forth in the ZEV regulations, which may be 

used by a manufacturer to meet a portion of its ZEV obligation;

WHEREAS, the LEV II regulations establish supplemental federal test procedure 

(SFTP) standards for passenger cars and light-duty trucks, which account for more 

aggressive real world driving;

WHEREAS, the LEV II regulations establish zero fuel evaporative emission standards 

for passenger cars and light-duty trucks, which apply to vehicles receiving PZEV credits;

WHEREAS, second generation on-board diagnostics (OBD II) systems are comprised 

mainly of software designed into LEV vehicles’ on-board computer to detect emission 

control system malfunctions as they occur by monitoring virtually every component and 

system that can cause an increase in emissions;

WHEREAS, manufacturers recently approached ARB staff and requested OBD II 

regulation changes that they indicated were needed immediately in order to ensure 

compliance when they certify their 2013 model year vehicles;

WHEREAS, in response to the manufacturers’ requests, staff have agreed to minor

changes to the OBD II regulation, which would have negligible emission impact;

WHEREAS, in order to facilitate the marketing of substitute and new clean fuels, in 

1993 ARB developed a test procedure, titled “California Test Procedure for Evaluating 

Substitute Fuels and New Clean Fuels,” incorporated by reference in title 13, California 

Code of Regulations, section 2317, which was designed to assure that any proposed 

substitute or new clean fuel would not increase emissions from new and used vehicles;

WHEREAS, this fuels test procedure required a specific mix of model year vehicles and 

the emission standards to which they were to be certified to be included in the 

demonstration test fleet;

WHEREAS, the test fleet required in the fuels test procedure is no longer representative 

of vehicles operating on the road today; 

WHEREAS, in a 2004 – 2005 rulemaking, the Board adopted the “Pavley regulations,” 

which reduce greenhouse gas emissions from passenger vehicles by approximately 30 

percent between 2009 and 2016 by establishing a mechanism requiring each 
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manufacturer to phase-in a progressively cleaner mix of vehicles from year to year with 

the option of credit trading;

WHEREAS, the Pavley regulations are contained primarily in title 13, California Code of 

Regulations, section 1961.1, and in the “California Exhaust Emission Standards and 

Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles” incorporated by reference in section 1961;

WHEREAS, after Board approval in 2004, motor vehicle manufacturers and their trade 

associations challenged the Pavley regulations in numerous federal and State court 

proceedings and opposed California’s request for a U.S. EPA waiver of preemption 

under the federal Clean Air Act to allow California to enforce its adopted standards;

WHEREAS, on May 19, 2009, challenging parties, individual automakers, California, 

and the federal government memorialized commitments to undertake a series of actions 

to resolve those current and potential future disputes over the California standards 

through model year 2016;

WHEREAS, the May 19, 2009 commitment letters contained the following commitments 

and understandings: the U. S. Environmental Protection Agency (U.S. EPA) and the 

U.S. Department of Transportation (NHTSA) would propose a federal program to 

reduce greenhouse gases and improve fuel economy, respectively, from passenger 

vehicles, to achieve equivalent or greater greenhouse gas benefits as the Pavley 

regulations for the 2012 – 2016 model years; manufacturers and related entities would 

ultimately drop current, and forego similar future legal challenges, including challenging 

a waiver grant (which occurred June 30, 2009 (74 Fed.Reg. 32744 (July 8, 2009)); and 

California would amend the 2009-2016 Pavley regulations to (1) allow manufacturers to 

demonstrate compliance with the fleet average greenhouse gas emission standard by 

“pooling” California, the District of Columbia, and Clean Air Act Section 177 State 

vehicle sales, (2) allow manufacturers to use emission data from the federal Corporate 

Average Fuel Economy program to demonstrate compliance with the 2009-2016 Pavley 

regulations, and (3) accept compliance with U.S. EPA-adopted equivalent greenhouse 

gas standards for 2012-2016 model years; 

WHEREAS, in September 2009, the Board approved amendments to the Pavley 

regulations to address commitments (1) and (2) above made by California; and in 

February 2010 the Board approved amendments to the Pavley regulations to address 

the third commitment ((3) above) made by California;

WHEREAS, the Board’s decision to modify the Pavley regulations to accept compliance 

with U.S. EPA-adopted greenhouse gas standards as compliance with California’s 

standards in the 2012 through 2016 model years was premised on U.S. EPA adopting a 

final rule that preserved the greenhouse gas reduction benefits of the Pavley regulations;

WHEREAS, on September 30, 2010, U.S. EPA and NHTSA issued a Notice of Intent to 

begin developing new standards for greenhouse gases and fuel economy for passenger

vehicles for the 2017 through 2025 model years;
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WHEREAS, on October 1, 2010, California agreed to work with the federal government 

for adoption of federal greenhouse gas emission standards that will meet California and 

our State partners’ needs, and will result in a national fleet of cleaner, more costeffective vehicles that will meet both federal and California emission requirements;

WHEREAS, California’s commitment to work with the federal government in no way 

relinquished California’s right to develop and adopt new greenhouse gas emission 

standards for 2017 and subsequent model passenger vehicles that are specific to 

California;

WHEREAS, on December 1, 2011 U.S. EPA and the federal Department of Transportation 

jointly issued a Notice of Proposed Rulemaking for 2017 through 2025 model year 

passenger vehicles that proposes a coordinated federal greenhouse gas and fuel 

economy program for light-duty vehicles, referred to as the “2017 through 2025 MY 

National Program” (76 Fed. Reg. 74854 (December 1, 2011));

WHEREAS, the 2017 through 2025 MY National Program rule has not been finalized but 

U.S. EPA has stated that it is expected to be finalized by the end of July 2012;

WHEREAS, as part of the 2017 through 2025 MY National Program, U.S. EPA has 

committed to a mid-term evaluation of their 2022 through 2025 model year lightgreenhouse gas standard;

WHEREAS, it is staff’s intent to allow manufacturers to demonstrate compliance with 

California’s greenhouse gas regulations for the 2017 through 2025 model years by 

demonstrating compliance with the greenhouse gas requirements of the 2017 through 

2025 MY National Program, provided that U.S. EPA’s Final Rule does not weaken the 

proposed federal standards and the Program’s reduction in greenhouse gas emissions, 

except that California would maintain its own reporting requirements; 

WHEREAS, the California certification fuel used for testing exhaust and evaporative 

emissions on passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty 

gasoline engines and vehicles currently contains the oxygenate methyl tertiary butyl 

ether (MTBE) in the quantity of 10.8 to 11.2 volume percent (equivalent to 2.0 percent 

by weight);

WHEREAS, MTBE was banned for use in California gasoline starting December 31, 

2003, and resulting in ethanol becoming the prevalent oxygenate used in California 

gasoline to meet federal requirements;

WHEREAS, although California commercial gasoline currently contains 10 percent by 

volume ethanol (E10), California certification gasoline specifications continue to require 

using MTBE;

WHEREAS, currently all new vehicles sold in California must include a California 

Environmental Performance Label, as set forth in the "California Environmental 
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Performance Label Specifications for 2009 and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles," incorporated by 

reference in title 13, California Code of Regulations, section 1965, which provides 

consumers with a user-friendly scoring system for comparing the relative smog 

emissions and global warming emissions from comparable vehicles; and

WHEREAS, the U.S. Environmental Protection Agency and the National Highway 

Traffic Safety Administration have revised the federal Fuel Economy and Environmental 

Label, in a manner that allows it to serve as an alternative to the California 

Environmental Performance Label.

ZERO-EMISSION VEHICLE REGULATIONS BACKGROUND

WHEREAS, the California Zero-Emission Vehicle (ZEV) regulation requires at least 

12 percent of the passenger cars and light-duty trucks produced by large or 

intermediate-volume manufacturers (LMV and IVM) and delivered for sale in California 

in 2012 to be ZEV credits, meaning credits from battery electric vehicles (BEV) and 

hydrogen fuel cell vehicles (FCV);

WHEREAS, since its 1990 adoption, the ZEV regulation has been modified six times to 

better align the regulatory timeline and requirements with the status of ZEV technology 

and ZEV commercialization feasibility;

WHEREAS, at the March 2008 ZEV hearing, the Board directed staff to review the ZEV, 

LEV, and greenhouse gas programs from the perspective of being able to reduce 

smog-forming pollution, to address the problem of the State’s contribution to global 

warming, and to reduce California’s dependence on petroleum, and to redesign the 

2017 and beyond requirements for the ZEV program by strengthening it focusing it 

exclusively on the gold requirement (battery, fuel-cell, and plug-in hybrid electric 

vehicles) to ensure California remains the leading location for moving advanced, lowgreenhouse gas technology vehicles to commercialization, which is critical to achieving 

California’s 2050 greenhouse gas emission reduction goals;

WHEREAS, at the March 2008 ZEV hearing, the Board directed staff to develop a 

program to further the availability of alternative fuels and infrastructure, and to return to 

the Board with regulations, as appropriate;

WHEREAS, following the Board’s direction at the March 2008 ZEV hearing, staff 

assessed the current state of ZEV technology, an analysis of pathways to meeting 

California’s long term 2050 greenhouse gas reduction goals in the light-duty vehicle 

subsector, and a review of current and possible future complimentary policies that will 

be needed to aid in complimentary policies for ZEVs;

WHEREAS, at the December 2009 ZEV hearing, staff presented findings of an 

assessment of the then current state of ZEV technology, including an analysis of 

pathways to meeting California’s long term 2050 greenhouse gas reduction goals in the 
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light-duty vehicle subsector, and a review of current and possible future complimentary 

policies that will be needed to aid in infrastructure and market pull policies for ZEVs;

WHEREAS, staff’s assessment found that ZEVs are essential to meeting California’s 

long term greenhouse gas emission reduction goals and ZEVs will need to be 100 

percent of new vehicle sales no later than model year 2050, and that any future 

modifications to the ZEV regulation should help keep the light-duty vehicle subsector on 

track to reach an 80 percent reduction in greenhouse gas emissions by 2050, and a 

fueling infrastructure mandate is needed to ensure that publicly available hydrogen fuel 

exists so that auto manufacturers can sell and lease fuel cell vehicles;

WHEREAS, at the December 2009 ZEV hearing, the Board found the following 

necessary to better align the ZEV regulation with California’s long term climate change 

and air quality improvement goals:

The focus of the ZEV regulation would shift from only criteria pollutant emission 

reductions to greenhouse gas emission reductions as well as criteria pollutants;

The ZEV program helps assure that the transformation to very low carbon-emitting 

vehicles occurs in the timeframe necessary to meet the State’s 2050 target of an 80 

percent reduction in greenhouse gases compared to 1990 levels;

The ZEV regulation helps assure the successful launch of commercial ZEVs and 

plug-in hybrid electric vehicles in the next decade, which appears necessary to meet 

the 2050 greenhouse gas target;

PZEVs, or partial zero emission vehicles, now a part of the ZEV regulation, are 

commercial and can be removed from the ZEV regulation (effective in 2014). Their 

emission benefits are appropriately considered in the next revision to the LEV 

criteria emission standards;

AT PZEVs, or advanced technology partial zero emission vehicles, now a part of the 

ZEV regulation, are commercial and can be removed from the ZEV regulation 

(effective in 2017). Their emission benefits are appropriately considered in the next 

revision to the LEV greenhouse gas emission standards; and

The proposed structure, credit values, and stringency of the revised ZEV program 

will depend in part on the Board’s decision regarding the establishment of more 

stringent greenhouse gas standards for the overall fleet, and how well that decision 

places California on the path to meeting an 80-percent reduction in greenhouse gas

emissions for the overall fleet, and how well that decision places California on the 

path to meeting that goal by 2050.

WHEREAS, staff considered the Board’s direction as given at the 2009 December ZEV 

Hearing, as well as input from stakeholders, in developing these proposed amendments 

to the ZEV regulations and test procedures; and
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WHEREAS, at the December 2009 ZEV hearing the Board directed staff to pursue the 

following three tiered approach to hydrogen infrastructure implementation: 

1. Investigate financial incentives to meet current fuel cell vehicle needs;

2. Offer regulatory incentives through existing regulations; and

3. Mandate hydrogen through modifications to existing regulations or through a 

new regulation.

CLEAN FUELS OUTLET REGULATIONS BACKGROUND

WHEREAS, the Clean Fuels Regulation, adopted in 1990 and amended in 2000, 

requires certain owner/lessors of retail gasoline stations to equip an appropriate number 

of their stations with clean alternative fuel once 20,000 or more low emission vehicles, 

including flexible-fuel and dual-fuel vehicles, certified on a particular clean fuel are 

projected to be operating in California; the regulation applies to ZEVs (a subset of 

LEVs) and ZEV fuels, but specifically excludes electricity;

WHEREAS, when the Clean Fuels Regulation was adopted, it was expected that 

automobile manufacturers would primarily use alternative fuels to meet California’s LEV 

standards; however, auto manufacturers met California’s LEV requirements using 

California reformulated gasoline and, as a result, produced and delivered fewer 

numbers of alternative fuel LEV vehicles for sale in California than was expected when 

the regulation was adopted;

WHEREAS, the California Low Carbon Fuel Standard (LCFS) regulation, adopted in 

2009 as a performance standard for reducing the carbon intensity of transportation 

fuels, has resulted in increased amounts of ethanol in conventional gasoline blends, and 

while ZEV fuels like hydrogen have a significantly lower overall carbon intensity than 

gasoline and ethanol, the parties regulated under LCFS have thus far chosen to not 

pursue transportation hydrogen as an LCFS compliance option due to the high cost of 

installing fueling infrastructure;

WHEREAS, major oil companies have divested most or all of their retail gasoline outlets 

since the Clean Fuels Regulation was adopted in 1990 and are now considered to be 

“owner/lessors” of substantially fewer stations, and three major oil companies and three 

convenience store and supermarket chains now comprise the six largest owner/lessors;

WHEREAS, staff considered expected ZEVs under future greenhouse gas fleet 

standards for light-duty vehicles, and concluded that the likely level of market 

penetration would not achieve the cost reductions needed for commercialization in the 

timeframe needed to meet long term emission reduction goals; and

WHEREAS, staff has proposed amendments to the Clean Fuels Regulation that would 

align with California’s long-term greenhouse gas emission reduction goals by applying 

only to ZEVs and ZEV fuels with a review for plug-in electric vehicles, shifting the 

requirements to build outlets to the larger refiner/importers of gasoline, extending the 
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timeline for both vehicle projections and building outlets, adding a lower regional 

activation trigger, adding a penalty provision for auto manufacturers and ending the 

requirement to build outlets sooner.

PROPOSAL FOR ADVANCED CLEAN CARS

WHEREAS, staff developed the Advanced Clean Cars program, which combines the 

control of smog-causing pollutants and greenhouse gas emissions into a single 

coordinated package of amendments and requirements for model year 2015 through 

2025, including a new iteration of the LEV criteria pollutant and greenhouse gas

standards (LEV III), ZEV regulations, and Clean Fuels Outlet regulation; 

WHEREAS, developing the proposed amendments to the LEV III and ZEV elements of 

the Advanced Clean Cars rulemaking staff conducted five public workshops, released 

concepts for public review, and held several focused stakeholder meetings throughout 

the rulemaking process, in order to involve the public and affected stakeholders in the 

regulatory development process;

WHEREAS, the first workshop, on March 2, 2010, focused on preliminary elements of 

the proposed LEV III criteria pollutant emission standards and involved a presentation of 

technical information from several studies that were under evaluation for potential 

greenhouse gas emission reduction; the second workshop, on May 3, 2010, focused on 

staff’s initial proposal for modifications to the ZEV regulation; the third workshop, on 

May 18, 2010, went into more detail in several areas related to LEV III criteria pollutant

emissions and greenhouse gas emissions; the fourth workshop, on November 16, 2010, 

provided an update on proposed requirements for LEV III criteria emissions, a review of 

technologies to reduce vehicle greenhouse emissions in the 2017-2025 timeframe, a 

discussion on California’s Environmental Performance label requirements, and 

proposed modifications to the ZEV program; and the fifth workshop, on July 19, 2011, 

solicited input on items relating to the Advanced Clean Cars rulemaking;

WHEREAS, in developing the proposed amendments to the CFO Regulation, the staff 

conducted three public workshops on April 1, 2010, May 26, 2010, and July 13, 2011, 

and conducted meetings and conference calls with energy companies, fuel providers, 

station developers, auto manufacturers and other interested parties;

WHEREAS, in developing the amendments to the CFO Regulation, staff worked in 

parallel with affected stakeholders to create a collaborative agreement approach to 

ensuring adequate hydrogen fueling infrastructure and as a result developed a draft 

framework for a memorandum of agreement (MOA). The framework for this MOA would 

have the signing parties work together to create an incentive fund to support

establishment of hydrogen stations. The goal of this MOA would be to create a network 

of at least 100 stations with the cost of support estimated at $100 million;
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WHEREAS, a public hearing and other administrative proceedings have been held in 

accordance with the provisions of chapter 3.5 (commencing with section 11340), part 1, 

division 3, title 2 of the Government Code;

WHEREAS, in conjunction with a public hearing notice dated December 7, 2011, the 

staff has proposed a set of amendments to the low-emission vehicle regulations and 

incorporated documents, as set forth in Attachment A hereto; these amendments 

include the following primary elements:

A reduction of fleet average emissions of new passenger cars, light-duty trucks,

and medium-duty passenger vehicles to super-ultra-low-emission vehicle 

(SULEV) levels by 2025;

Replacement of separate NMOG and NOx standards with combined NMOG plus 

NOx standards, which provides automobile manufacturers with additional 

flexibility in meeting the new stringent standards;

An increase of full useful life durability requirements from 120,000 miles to 

150,000 miles, which guarantees vehicles operate longer at these extremely low 

emission levels;

A backstop to assure continued production of super-ultra-low-emission vehicles 

after Partial Zero-Emission Vehicle (PZEV) as a category is moved from the 

Zero-Emission Vehicle program to the LEV program in 2018;

More stringent particulate matter standards for light- and medium-duty vehicles, 

which will reduce the health effects and premature deaths associated with these 

emissions;

Zero fuel evaporative emission standards for passenger cars, light-duty trucks,

medium-duty vehicles, and heavy-duty vehicles;

More stringent supplemental federal test procedure (SFTP) standards for 

passenger cars and light-duty trucks and, for the first time, require medium-duty 

vehicles to meet SFTP standards;

More stringent “footprint-based” greenhouse gas emission standards that are 

comprised of three emission standards: a carbon dioxide (CO2) standard, a 

methane (CH4) standard and a nitrous oxide (N2O) standard;

Greenhouse gas emission credits for: (1) improvements to the vehicle air 

conditioning system (either from the use of a refrigerant with a low Global 

Warming Potential or by incorporating improvements to the efficiency of the 

system); (2) technologies that reduce CO2 emissions but are not measured on 

the applicable test cycles; and (3) technology innovations on the largest of pickup 

trucks;
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Greenhouse gas emissions values for electric vehicles, plug-in electric vehicles, 

and fuel cell vehicles that reflect their upstream emissions;

Minor modifications to California’s OBD II regulations; 

Changing the certification gasoline specifications to be more representative of 

current in-use fuel; and

Allow use of the revised federal Fuel Economy and Environmental Label to 

substitute for the California Environmental Performance Label.

WHEREAS, manufacturers have a wide range of technology options available to 

achieve the proposed criteria pollutant standards, many of which are already being used 

in today’s vehicles;

WHEREAS, criteria pollutant emission control technologies that include more precise 

fuel delivery systems, improved combustion chamber and manifold design, optimized 

close-coupled catalyst design, increased catalyst loading and volume, secondary air 

injection, hydrocarbon adsorbers, and improved evaporative fuel control systems can 

cost-effectively achieve reductions in oxides of nitrogen, hydrocarbon, and particulate 

emissions to meet standards that are at least seventy percent lower than those in year 

2012;

WHEREAS, in the interest of the Board’s goal of reaching the proposed 1 mg/mi PM 

standard before the 2025 timeframe, it is staff’s intent to conduct a review of the 1

mg/mi PM standard in the 2015 timeframe and report back to the Board on the results;

WHEREAS, the technical contracting companies Ricardo Incorporated and FEV 

Incorporated analyzed the technical feasibility and cost effectiveness of the

technologies listed above in the following studies: “Computer Simulation of Light-Duty 

Vehicle Technologies for Greenhouse Gas Emission Reduction in the 2020-2025 

Timeframe” (Ricardo Incorporated, 2011); “Light-Duty Technology Cost Analysis Powersplit and P2 HEV Case Studies” (FEV Incorporated, 2011); “Light-Duty Technology Cost 

Analysis: Report on Additional Case Studies” (FEV Incorporated, 2009); “Light-Duty 

Technology Cost Analysis Pilot Study” (FEV Incorporated, 2009);

WHEREAS, the studies listed above included state-of-the-art vehicle simulation 

modeling performed on scores of advanced technology combinations that demonstrate 

an array of cost-effective solutions can be assembled to meet the proposed criteria and 

greenhouse gas emission standards while delivering the vehicle performance, utility and 

comfort consumers expect;

WHEREAS, expert engineering and cost consultants engaged by the automobile 

industry were utilized to dissect multiple advanced technologies under consideration in 

a part by part detailed cost evaluation to arrive at their actual production cost;
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WHEREAS, these same consultants were utilized to further project for many 

key advanced technologies how cost could be reduced and improvements in 

performance could be achieved in the future through design, materials or manufacturing 

changes by further analyzing every one of the many parts that comprise each 

technologies' assembly;

WHEREAS, the abovementioned criteria pollutant emission reduction technologies are 

being actively implemented in 2012, or within near-future product plans, by nearly every 

major automobile manufacturer that sells vehicles in California;

WHEREAS, the proposed greenhouse gas standards are also predicated on many 

existing and emerging technologies that increase engine and transmission efficiency, 

reduce vehicle energy loads, improve auxiliary and accessory efficiency, and that 

recognize increasingly electrified vehicle subsystems with hybrid and electric 

drivetrains;

WHEREAS, available automobile technologies including improved aerodynamics, lower 

rolling resistance tires, variable valve train control systems, turbocharged direct injection 

engines, optimized transmission controls, dual clutch transmissions with increased 

gear-ratios, integrated starter-generators, increased-efficiency accessories, air 

conditioning refrigerant systems with lower global warming potential effects, hybrid 

systems with combined use of combustion engines and electric motors, are technically 

feasible and can offer at least the same consumer utility, performance, size, and safety 

of existing vehicles while achieving at least thirty-four percent lower greenhouse gas 

emission levels for new vehicles from model year 2016 to 2025;

WHEREAS, the abovementioned studies determined that the greenhouse gas emission 

reduction technologies offer consumer benefits that greatly exceed the technology costs 

associated with their development and manufacture, and can deliver a payback to the 

vehicle consumers within three years based on the estimated average incremental price 

increase in 2025, the average annual California new vehicle use, and the average future 

fuel prices;

WHEREAS, the abovementioned greenhouse gas emission reduction technologies are 

being actively implemented in 2012, or within near-future product plans, by nearly every 

major automobile manufacturer that sells vehicles in California;

WHEREAS, in conjunction with a public hearing notice published December 7, 2011, 

staff proposed substantial amendments to the ZEV regulation and to the ZEV Standards 

and Test Procedures, as set forth in Attachment B hereto; these amendments include 

the following primary elements for model years 2012 through 2017:

Changing and simplifying the nomenclature for plug-in hybrid electric vehicles 

and hydrogen internal combustion engine vehicles from Enhanced Advanced 

Technology Partial Zero Emission Vehicles (Enhanced AT PZEV) to 
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Transitional Zero-Emission Vehicles (TZEV), for 2012 and subsequent 

model years;

Extending the travel provision for BEVs, which allows ZEVs placed in any state 

that has adopted the California ZEV regulation to count towards the ZEV 

regulation through 2017;

Providing flexibility for IVMs by reducing their overall requirement in 2015 through 

2017 model years, to allow these manufacturers to prepare for requirements 

beginning in model year 2018; 

Increasing credits for Type V (300 mile FCV) ZEVs to appropriately incentivize 

this longer term technology; 

Adding Type I.5x and Type IIx vehicles, which are both range extended BEVs 

(i.e. BEVx vehicles which are BEVs with a backup auxiliary power unit, which 

does not operate until the energy storage device is fully depleted) as a 

compliance option for manufacturers to meet up to half of a manufacturer’s 

requirement that must be met with pure ZEVs; and

Removing carry forward credit limitations for ZEVs, allowing manufacturers to 

bank ZEV credits indefinitely for use in later years.

WHEREAS, in conjunction with a public hearing notice published December 7, 2011, 

staff proposed substantial amendments to the ZEV regulation and to the ZEV Standards 

and Test Procedures, as set forth in Attachment B hereto; these amendments include 

the following primary elements for 2018 and subsequent model years:

Increasing the overall ZEV requirements in 2018 and subsequent model years, 

by modifying the credit percentage requirement and decreasing the number of 

credits earned per vehicle;

Focusing the regulation on long term greenhouse gas reduction technologies, 

which are ZEV and TZEVs, and by removing PZEV and AT PZEV credits 

compliance options for manufacturers, and allowing manufacturers to use 

banked PZEV and AT PZEV credits, at a discounted rate, to offset a portion of 

their obligation that may be met with TZEVs;

Amending IVM and LVM size definitions to bring all but the smallest 

manufacturers under the full ZEV requirements by model year 2018;

Basing credits for ZEVs on a linear function of zero emission range on the urban 

dynamometer drive schedule (UDDS), with 50 mile BEVs earning 1 credit each 

and 350 mile FCVs earning 4 credits each;
Resolution 12-11 15

Simplifying and streamlining TZEV credit based on the vehicle’s zero-emission 

range capability, and ability to perform 10 miles on the more aggressive US06 

drive schedule;

Adding BEVxs as a compliance option for manufacturers to meet up to half of a 

manufacturer’s requirement that must be met with pure ZEVs;

Removing carry forward credit limitations for ZEVs, allowing manufacturers to 

bank ZEV credits indefinitely for use in later years; 

Ending the travel provision for BEVs after model year 2017, and extending the 

travel provision for FCVs until sufficient complementary policies are in place in 

states that have adopted the California ZEV regulation; and

Allowing manufacturers who systematically over comply with the proposed 

LEV III greenhouse gas fleet average standards to offset a portion of their ZEV 

regulation requirements in only 2018 through 2021 model years.

WHEREAS staff proposes additional amendments that will be released for a 15-day 

comment period for an optional Section 177 State compliance path for manufacturers to 

provide pre-2018 ZEVs in those states for a reduction in their 2015 through 2018 model 

year TZEV requirements and 2018 through 2020 model year ZEV requirements in the 

Section 177 states, as well as the ability to pool those vehicles within an East and West 

region pool;

WHEREAS, following consideration of public testimony at the Board hearing held over 

January 26-27, 2012, the Board directed the Executive Officer to: 

1. Make such changes to the regulatory language as necessary to ensure 

that ZEV over-compliance is calculated in a manner that fully accounts for 

upstream GHG emissions;

2. Make such changes to the regulatory language as necessary to end the 

ZEV GHG over-compliance provision in 2021;

3. Make such change to the regulatory language as necessary to require 

automobile manufacturers to apply for participation in the ZEV overcompliance program no later than December 31st, 2016; and

4. Monitor the usage of the ZEV over-compliance provision during the 2014 

to 2025 timeframe and during that timeframe report back to the Board 

every two years with: the number of automobile manufacturers intending 

to participate in the program, those manufactures’ respective market 

shares, and the number of ZEV and TZEV vehicles that would not be 

delivered to California and Section 177 states due to the ZEV overcompliance program.

WHEREAS plug-in electric and hydrogen fuel cell vehicle technologies are capable of 

zero at-vehicle exhaust emissions, can deliver greater than an eighty percent reduction 
Resolution 12-11 16

in lifecycle pollutant emissions when considering energy production processes to deliver 

the electricity and hydrogen to the vehicles, and offer the greatest potential to help 

achieve climate stabilization goals and local ambient air quality standards in California;

WHEREAS plug-in electric and hydrogen fuel cell vehicle technologies are being 

deployed in 2012 in greater numbers and by more manufacturers than in any previous 

year;

WHEREAS, in conjunction with a public hearing notice dated December 7, 2011, the 

staff has proposed a set of amendments to the Clean Fuels Outlet regulations and 

incorporated documents, as set forth in Attachment C hereto; these amendments 

include the following primary elements:

Changing the types of alternative fuel vehicles subject to the regulation to only 

those certified as ZEV when operating on the designated clean fuel;

Adding a regulatory review for plug-in electric vehicles, which requires ARB to 

evaluate the development and usage of workplace and public charging 

infrastructure and make recommendations for further actions, to address the 

concern that electricity fuel and battery electric ZEVs are excluded from the 

regulation;

Shifting the requirement to equip clean fuel outlets (CFO) onto major 

refiner/importers of gasoline to evenly distribute the outlet requirement among 

the parties that continue to benefit from California’s use of gasoline even though 

they have divested in the retail aspect of the gasoline supply chain;

Modifying how the number of new CFOs is calculated to account for the fuel 

requirements of hydrogen FCVs, and modify how stations are allocated among 

the regulated parties to be based on their share of the gasoline market;

Adding a year to auto manufacturer’s fuel cell vehicle reporting requiring 

projections three years into the future and by air basin, and adding a year to the 

compliance timeframe for building outlets to provide additional time for locating, 

permitting, and building outlets;

Adding a lower regional activation trigger of 10,000 vehicles projected to be sold 

or leased within an air basin to align with auto manufacturers’ early 

commercialization plans to market fuel cell vehicles in regional clusters;

Streamlining the compliance requirements to be less prescriptive and more like 

performance standards, giving the regulated party the flexibility to determine how 

best to meet the requirements;
Resolution 12-11 17

Increasing the penalty for failing to install CFOs and adding a penalty provision 

for auto manufacturers failing to deliver for sale or lease 80 percent or more of 

their projected number of fuel cell vehicles; and

 

Lowering the regulation sunset provision to five percent of the total number of 

retail gasoline outlets based (i.e. sunsets when the five percent reached) on 

staff’s findings that, at or before five percent station saturation, hydrogen fueling 

infrastructure can achieve commercial viability.

WHEREAS, staff proposes additional modifications that will be released for a 15-day 

comment period to the proposed amendments that would hibernate the CFO 

requirements if the MOA is signed and the terms of the MOA are met per a specified 

timeline with measurable milestones to assess progress;

WHEREAS, staff proposes additional amendments that will be released for a 15-day 

comment period to sunset the requirements for providing hydrogen stations if, as a 

result of the MOA, 100 stations are established;

WHEREAS, the Board has considered the impact of this proposed regulatory action on 

the economy of the State;

WHEREAS, ARB has a regulatory program certified under Public Resources Code section 

21080.5, and pursuant to this program ARB conducts environmental analyses to meet the 

requirements of the California Environmental Quality Act (CEQA);

WHEREAS, pursuant to ARB’s certified regulatory program, ARB staff prepared a joint 

environmental analysis (EA) for the proposed amendments to the LEV, ZEV, and Clean 

Fuels Outlet regulations; the EA presents a programmatic evaluation of a full range of 

environmental impact topics related to implementation of the proposed program, 

including potential alternatives; 

WHEREAS The EA determined that the likely compliance responses to the 

amendments are expected to result in: a substantial, beneficial impact to criteria air 

pollutant and greenhouse gas emissions; less-than-significant impacts agriculture and 

forest resources, land use and planning, mineral resources, population and housing, 

and recreation; and potentially significant environmental effects to aesthetics, biology, 

cultural resources, geology and soils, hazards (accidental releases), hydrology and 

water quality, noise, traffic (construction), and utilities; and the adverse effects result 

primarily from landscape disturbance occurring from constructing and operating fueling 

facilities required for compliance with the proposed CFO regulation amendments or 

battery manufacturing facilities expected to be needed to achieve compliance with the 

proposed ZEV regulation amendments;

WHEREAS, ARB does not have the authority to impose mitigation measures for these 

identified project-specific impacts for future projects outside ARB’s regulatory purview 
Resolution 12-11 18

and must rely on the agencies that will ultimately conduct project-level review and 

approve those projects to impose required mitigation;

WHEREAS, the EA was released as Appendix B to each Staff Report: Initial Statement 

of Reasons on December 7, 2011, and a 45-day written public comment period began 

on December 12, 2011;

WHEREAS, ARB’s certified regulatory program provides that prior to taking final action 

on any proposal for which significant environmental issues have been raised, the 

decision maker shall approve a written response to each such issue; no final decision 

will be made until comments on the EA are fully considered and a written response 

approved by the decision maker;

WHEREAS, the Executive Officer is the decision maker for the purposes of title 17, 

California Code of Regulations, section 60007; no final decision will be made until 

comments on the environmental analysis are fully considered and the written responses 

approved by the decision maker;

WHEREAS, a public hearing and other administrative proceedings have been held in 

accordance with the provisions of Chapter 3.5 (commencing with section 11340), part 1, 

division 3, title 2 of the Government Code; and

WHEREAS, the Board, having considered all information presented in the public 

hearing and administrative proceedings finds that:

The amendments proposed herein to the LEV regulations, ZEV regulations, and 

Clean Fuels Outlet regulations are necessary and appropriate to assure that 

California continues to receive the cleanest light- and medium-duty vehicles 

available;

The proposed Clean Fuels Outlet Regulations are necessary and appropriate 

because consumers will need ready access to fuel for zero-emission vehicles in 

order to achieve the required emission reductions;

The staff’s recommended modifications to the originally proposed LEV III 

amendments, ZEV amendments, and Clean Fuel Outlet amendments are 

appropriate to provide additional flexibility, help assure adequate lead time, and 

minimize cost to manufacturers;

It is appropriate to accept compliance with the 2017 through 2025 MY National 

Program as compliance with California’s greenhouse gas emission standards in 

the 2017 through 2025 model years, once U.S. EPA issues their Final Rule on or 

after its current July 2012 planned release, provided that the greenhouse gas 

reductions set forth in U.S. EPA’s December 1, 2011 Notice of Proposed 

Rulemaking for 2017 through 2025 model year passenger vehicles are 
Resolution 12-11 19

maintained, except that California shall maintain its own reporting requirements;

and

Based on the forgoing description of technical studies and the analyses 

performed for the Advanced Clean Cars ISOR, all of the proposed amendments 

are necessary, appropriate, cost-effective, and technologically feasible.

WHEREAS, the Board further finds that:

While the California motor vehicle emissions regulations as proposed herein are 

different from the federal regulations administered by U.S. EPA, the proposed 

California regulations herein are authorized by State law:

The amendments proposed herein are part of the Advanced Clean Cars 

program, which will reduce criteria pollutants (47 tons of ROG per day, 51 tons of 

NOx per day, and 3 tons of PM2.5 per day in 2035) and will prevent premature 

deaths in California and help achieve attainment of ambient air quality standards;

The Advanced Clean Cars program will also reduce greenhouse gas emissions

as follows: by 2025, CO2 equivalent emissions will be reduced by 13 million 

metric tons (MMT) per year, which is 12 percent from baseline levels; the 

reduction increases in 2035 to 31 MMT/year, a 27 percent reduction from 

baseline levels; by 2050, the proposed regulation would reduce emissions by 

more than 40 MMT/year, a reduction of 33 percent from baseline levels; and 

viewed cumulatively over the life of the regulation (2017-2050), the proposed 

Advanced Clean Cars regulation will reduce emissions by more than 850 MMT 

CO2 –equivalent, which will help achieve the State’s climate change goals to 

reduce the threat that climate change poses to California’s public health, water 

resources, agriculture industry, ecology, and economy; 

The Advanced Clean Cars program is cost-effective as the average increase in 

the price of a new vehicle expected in the 2025 model year due to the Advanced 

Clean Cars Program is $1,900, and the net lifetime savings for the owners of a 

new vehicle in the 2025 model year due to the Advanced Clean Cars Program is 

$4,000; and

The Advanced Clean Cars program is cost-effective as it is expected to create a 

total statewide cost savings of $14 billion and result in a net increase of 30,000 

California jobs.

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves for adoption 

the proposed amendments to sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1962.1, 

1962.2 (renumbered to 1962.3), 1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 

2112, 2139, 2140, 2145, 2147, 2235, 2300, 2302, 2303, 2303.5, 2304, 2307 2308, 

2309, 2311, 2311.5, 2312, 2313, 2314, 2315, 2317, and 2318; new sections 1961.2, 

1961.3, 1962.2, and 2306.1; and approve for repeal sections 2306, 2310, 2316, and 
Resolution 12-11 20

2317, Title 13, California Code of Regulations, and the proposed amendments to (and 

adoption of) the documents incorporated by those regulations, as set forth in 

Attachments A, B, and C hereto, with the modifications set forth in Attachments D

through F hereto;

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to continue 

collaborating with EPA and NHTSA as their standards are finalized and in the mid-term 

review to minimize potential lost benefits from federal treatment of upstream emissions 

of electricity and hydrogen fueled vehicles; 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to monitor 

consumer purchasing trends and California’s fleet mix to evaluate any effect of a 

potential shift in vehicle footprint size to higher polluting vehicles and the reclassification 

of cars as trucks that deviates from the fleet size and category mix projected in the 

approved amendments, to make the information obtained publically available as it is 

acquired, and to report back to the Board no later than the end of 2016 regarding any 

such effects and to address any such effects in the mid-term review;

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to monitor 

consumer acceptance of TZEVs and report back to the Board no later than the end of 

2016 on the TZEV volumes expected in the ZEV program in model years 2018 through 

2021; 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to return to 

the Board with in-use data for range extended battery electric vehicles and plug-in 

hybrid electric vehicles, and, if warranted, propose appropriate modifications to 

treatment and credits for these vehicle types in 2016;

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to either 

propose modifications to the approved regulatory amendments, or to return to the Board 

with a new regulatory proposal, to accept compliance with the 2017 through 2025 MY 

National Program as compliance with California’s greenhouse gas emission standards 

in the 2017 through 2025 model years, if the Executive Officer determines that U.S. 

EPA has adopted a final rule that at a minimum preserves the greenhouse reduction 

benefits set forth in U.S. EPA’s December 1, 2011 Notice of Proposed Rulemaking for 

2017 through 2025 model year passenger vehicles;

BE IT FURTHER RESOLVED that if the Board does not accept compliance with the 

2017 through 2025 MY National Program as compliance with California’s greenhouse 

gas emission standards in the 2017 through 2025 model years, that the greenhouse 

gas-ZEV over compliance provision will not be available for use in the ZEV regulation; 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to participate 

in U.S. EPA’s mid-term review of the 2022 through 2025 model year passenger vehicle 

greenhouse gas standards being proposed under the 2017 through 2025 MY National 

Program;
Resolution 12-11 21

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to re-examine 

the stringency and timing of the proposed 1 mg/mi PM standard in the 2025 timeframe;

BE IT FURTHER RESOLVED that in the interest of the Board’s goal of reaching the 

proposed 1 mg/mi PM standard before the 2025 timeframe, the Board directs the 

Executive Officer to conduct a review of the 1 mg/mi PM standard in the 2015 timeframe 

and report back to the Board on the results;

BE IT FURTHER RESOLVED that the Board re-affirms that the ZEV program is 

necessary for California’s NAAQS attainment and that the obligations of the ZEV 

program upon regulated parties are separate from those of LEV III GHG or a national 

program;

BE IT FURTHER RESOLVED that, prior to taking final action on these amendments, 

the Board Directs the Executive Officer to;

1. Make such changes to the regulatory language as necessary to ensure 

that ZEV over-compliance is calculated in a manner that fully accounts for 

upstream GHG emissions;

2. Make such changes to the regulatory language as necessary to end the 

ZEV GHG over-compliance provision in 2021;

3. Make such change to the regulatory language as necessary to require 

automobile manufacturers to apply for participation in the ZEV overcompliance program no later than December 31st, 2016; and

4. Monitor the usage of the ZEV over-compliance provision during the 2014 

to 2025 timeframe and during that timeframe report back to the Board 

every two years with: the number of automobile manufacturers intending 

to participate in the program, those manufactures’ respective market

shares, and the number of ZEV and TZEV vehicles that would not be 

delivered to California and Section 177 states due to the ZEV overcompliance program.

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to conduct a 

study of the potential effects of: 

1. Adding an additional category of vehicles to the ZEV regulation for “BEV 

XX” vehicles that would be allowed greater use of an internal combustion 

engine than allowed for vehicles approved as “BEV X” vehicles in this 

action, where such BEX XX vehicles would only be applied to 25 percent

of a manufacturer’s pure ZEV requirement; and

2. Changing the current requirement of a pure 10 mile range threshold for 

the BEV category to a 10 mile range equivalency concept.

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to investigate 

the feasibility and potential means of conducting a study of consumers’ actual usage of 
Resolution 12-11 22

the electric and internal combustion power sources of BEV X and similar vehicles and 

report back to the Board.

BE IT FURTHER RESOLVED that the Board Directs the Executive Officer to: 

1. Prior to taking final action on these amendments conduct such further 

environmental analysis as deemed necessary for a regulatory program 

certified under Public Resource Code section 21080.5, including 

evaluation of all comments received during the public comment periods, 

including comments raising significant environmental issues, and prepare 

and approve written responses as required by Public Resource Code 

section 21080.5(d)(2)(D), and title 17, CCR section 60007; 

2. Determine whether there are additional feasible alternatives or mitigation 

measures that could be implemented to reduce or eliminate any potential 

adverse environmental impacts; 

3. Make findings as required by Public Resources Code § 21081 if the 

proposed amendments would result in one or more significant adverse 

environmental effects; and

4. Take final action on the proposed amendments as directed below, as well 

as any additional modifications that are necessary to ensure that all 

feasible mitigation measures or feasible alternatives that would 

substantially reduce any significant adverse environmental impacts have 

been incorporated into the final action, or return the proposed 

amendments and findings to the Board for further consideration before 

taking final action, if he determines that this is warranted. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to take final 

action to adopt the proposed amendments and new documents set forth in Attachments 

A through C, including incorporated documents, with the modifications set forth in 

Attachments D through F and as further resolved and directed above, after making the 

modified regulatory language, with such other conforming modifications as may be 

appropriate, and additional supporting documents and information, available for public 

comment for a period of 15 days, provided that the Executive Officer shall consider such

written comments regarding the modifications and additional supporting documents and 

information as may be submitted during this period, shall make modifications as may be 

appropriate in light of the comments received, and shall present the regulations to the 

Board for further consideration if he determines that this is warranted; the Executive 

Officer has the discretion to return the amendments to the Board for final action;

BE IT FURTHER RESOLVED that the Board hereby determines that the proposed 

regulations approved for adoption herein will not cause California motor vehicle 

emission standards, in the aggregate, to be less protective of public health and welfare 

than applicable federal standards;
Resolution 12-11 23

BE IT FURTHER RESOLVED that the Board hereby finds that separate California

emission standards and test procedures are necessary to meet compelling and 

extraordinary conditions;

BE IT FURTHER RESOLVED that the Board finds that the California emission 

standards and test procedures approved for adoption herein will not cause the 

California requirements to be inconsistent with section 202(a) of the Clean Air Act and 

raise no new issues affecting previous waiver determinations of the Administrator of the 

Environmental Protection Agency pursuant to section 209(b) of the Clean Air Act; and

BE IT FURTHER RESOLVED that the Executive Officer shall, upon final adoption, 

forward the regulations to the Environmental Protection Agency with a request for a 

waiver or confirmation that the regulations are within the scope of an existing waiver of 

federal preemption pursuant to section 209(b) of the Clean Air Act, as appropriate.

I hereby certify that the above is a true and 

correct copy of Resolution 12-11, as adopted 

by the Air Resources Board.

___________________________________

Mary Alice Morency, Clerk of the Board
Resolution 12-11 24

Resolution 12-11

January 26, 2012

Identification of Attachments to the Board Resolution

Attachment A: Proposed amendments to the LEV III Regulation, as set forth in 

Appendix A and the Proposed Amendments to Test Procedures, as 

set forth in Appendices C, E, F, G, H, J, K, L, M and proposed new 

test Procedures, as set forth in Appendices D, I, and N to the Initial 

Statement of Reasons, released December 7, 2011.

Attachment B: Proposed amendments to the ZEV Regulation, as set forth in 

Appendices A-1, A-3, A-5 and proposed amendments to the 

California Exhaust Emission Standards and Test Procedures, as 

set forth in Appendix A-2 and adoption of new Appendix A-4 to the 

ZEV Initial Statement of Reasons, released December 7, 2011.

Attachment C: Proposed amendments to the CFO Regulations, as set for the in 

Appendix A to the CFO Initial Statement of Reasons, released 

December 7, 2011.

Attachment D: Staff’s Suggested Modifications to the Original LEV III Proposal

(Distributed at the January 26, 2012 Board hearing)

Attachment E: Staff’s Suggested Modifications to the Original ZEV Proposal

(Distributed at the January 26, 2012 Board hearing)

Attachment F: Staff’s Suggested Modifications to the Original Clean Fuels Outlet 

Proposal (Distributed at the January 26, 2012 Board hearing)