Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08

California Environmental Protection Agency 

 AIR RESOURCES BOARD 

 CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES FOR 

 2005 AND SUBSEQUENTTHROUGH 2008 MODEL ZERO-EMISSION VEHICLES, 

AND 2001 AND SUBSEQUENT MODEL HYBRID ELECTRIC VEHICLES, IN THE 

PASSENGER CAR, LIGHT-DUTY TRUCK AND MEDIUM-DUTY VEHICLE CLASSES

 Adopted: August 5, 1999 

Amended: April 12, 2002 

Amended: July 30, 2002 

Amended: December 19, 2003 

Amended: December 17, 2008

 

 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08

TABLE OF CONTENTS

Section Page 

No.

A Applicability .......................................................................................................A-1 

B. Definitions .........................................................................................................B-1 

C. Zero-Emission Vehicle Standards ...................................................................... C-1 

1. ZEV Emission Standard......................................................................... C-1 

2. Percentage ZEV Requirements. ............................................................ C-1 

3. Partial ZEV Allowance Vehicles (PZEVs) ............................................ C-78

4. Qualification for ZEV Multipliers and Credits ................................... C-1412

5. Reserved ......................................................................................... C-1816

6. Extended Service Multiplier for 1997-2003 Model Year ZEVs 

 and PZEVs With ≥ 10 Mile Zero Emission Range ........................... C-2116

7. Generation and Use of ZEV Credits; Calculation of Penalties......... C-2216

8. Severability ...................................................................................... C-2520

D. Certification Requirements ................................................................................. D-1 

1. Durability and Emission Testing Requirements ..................................... D-1 

2. Information Requirements: Application for Certification ........................ D-1 

 3. ZEV Reporting Requirements................................................................ D-2 

E. Test Procedures ...................................................................................................E-1 

1. Electric Dynamometer ............................................................................E-1

2. Vehicle and Battery Break-In Period.......................................................E-1 

3. All-Electric Range Test ...........................................................................E-1 

4. Determination of Battery Specific Energy for ZEVs ................................E-3 

5. Determination of the Emissions of the Fuel-fired Heater ........................E-3 

6. Hybrid Electric Vehicle FTP Emission Test Provisions ...........................E-3 

7. Hybrid Electric Vehicle Highway Emission Test Provisions ....................E-8 

8. Hybrid Electric Vehicle SFTP Emission Test Provisions.......................E-10 

9. State-of-Charge Net Change Tolerances .............................................E-14 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08

 A,B-1

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES FOR 

2005 AND SUBSEQUENTTHROUGH 2008 MODEL ZERO-EMISSION VEHICLES, 

AND 2001 AND SUBSEQUENT MODEL HYBRID ELECTRIC VEHICLES, IN THE 

PASSENGER CAR,LIGHT-DUTY TRUCK AND MEDIUM-DUTY VEHICLE CLASSES 

A. Applicability

The emission standards and test procedures in this document are applicable to 

2005 and subsequentthrough 2008 model-year zero-emission passenger cars, lightduty trucks and medium-duty vehicles, and 2001 and subsequent model-year hybrid 

electric passenger cars, light-duty trucks and medium-duty vehicles. The general 

procedures and requirements necessary to certify a vehicle for sale in California are 

contained in the “California Exhaust Emission Standards and Test Procedures for 2001 

and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles” 

(hereinafter “LDV/MDV TPs”), and apply except as amended herein. A manufacturer 

may elect to certify a 2000 model-year hybrid electric vehicle under these standards 

and test procedures and the LDV/MDV TPs. 

B. Definitions

In addition to the following, these test procedures incorporate by reference the 

definitions and abbreviations set forth in the Title 40 Code of Federal Regulations § 

86.1803-01, the definitions and abbreviations set forth in the LDV/MDV TPs, and the 

definitions set forth in section 1900, title 13, CCR. 

“Advanced technology PZEV” or “AT PZEV” means any PZEV with an 

allowance greater than 0.2 before application of the PZEV early introduction phase-in 

multiplier. 

“All-Electric Range Test” means a test sequence used to determine the range 

of an electric vehicle or of a hybrid electric vehicle without the use of its auxiliary power 

unit. The All-Electric Range Test cycle consists of the Highway Fuel Economy 

Schedule and the Urban Dynamometer Driving Schedule (see section E of these test 

procedures). 

“Auxiliary power unit” means a device that converts consumable fuel energy 

into mechanical or electrical energy. Some examples of auxiliary power units are 

internal combustion engines, gas turbines, or fuel cells. 

“Battery electric vehicle” or “BEV” means any vehicle that operates solely by 

use of a battery or battery pack, or that is powered primarily through the use of an 

electric battery or battery pack but uses a flywheel or capacitor that stores energy 

produced by the electric motor or through regenerative braking to assist in vehicle 

operation. 

“Battery or Battery pack” means any electrical energy storage device 

consisting of any number of individual battery modules or cells that is used to propel a 

battery electric or hybrid electric vehicle. These terms may also generically refer to 

capacitor and flywheel energy storage devices in the context of hybrid electric vehicles. 
45-day Notice 02/08/08 

Hearing Date: 03/2708 

2

nd 15-day Notice: 10/03/08

B-2 

“Battery state-of-charge” means the quantity of electrical energy remaining in 

the battery relative to the maximum rated capacity of the battery expressed in percent. 

“Charge-depleting” means that the battery of a hybrid electric vehicle ultimately 

fully discharges and impairs vehicle operation as the vehicle continuously operates over 

a given driving cycle when no off-vehicle charging is performed and the consumable 

fuel is regularly replenished. Hybrid electric vehicles are required to be classified as 

either charge-sustaining or charge-depleting over each driving cycle (i.e. UDDS, 

HFEDS, US06, or SC03). 

“Charge-sustaining” means that the battery of a hybrid electric vehicle 

ultimately does not fully discharge and impair vehicle operation as the vehicle 

continuously operates over a given driving cycle when no off-vehicle charging is 

performed and the consumable fuel is regularly replenished. Hybrid electric vehicles 

are required to be classified as either charge-sustaining or charge-depleting over each 

driving cycle (i.e. UDDS, HFEDS, US06, or SC03). 

“Consumable fuel” means any solid, liquid, or gaseous matter that releases 

energy when consumed by an auxiliary power unit. 

“Electric drive system” means an electric motor and associated power 

electronics which provide acceleration torque to the drive wheels sometime during 

normal vehicle operation. This does not include components that could act as a motor, 

but are configured to act only as a generator or engine starter in a particular vehicle 

application. 

 “Fuel-fired heater” means a fuel burning device that creates heat for the 

purpose of warming the passenger compartment of a vehicle but does not contribute to 

the propulsion of the vehicle. 

“Hybrid electric vehicle” or “HEV” means any vehicle that can draw 

propulsion energy from both of the following on-vehicle sources of stored energy: 1) a 

consumable fuel and 2) an energy storage device such as a battery, capacitor, or 

flywheel. 

“HFEDS” means highway fuel economy driving schedule. See 40 CFR 

600.109(b).

 “Neighborhood Electric Vehicle” or “NEV” means a motor vehicle that meets 

the definition of “low-speed vehicle” either in section 385.5 of the Vehicle Code or in 49 

CFR 571.500 (as it existed on July 1, 2000), and is certified to zero-emission vehicle 

standards. 

“HFEDS” means highway fuel economy driving schedule. See 40 CFR 

600.109(b).

“Off-vehicle charge capable” means having the capability to charge a battery 

from an off-vehicle electric energy source that cannot be connected or coupled to the 

vehicle in any manner while the vehicle is being driven. 

“Placed in service” means having been sold or leased to an end-user and not 

just to a dealer or other distribution chain entity, and having been individually registered 

for on-road use by the California Department of Motor Vehicles. 

“PZEV” means any vehicle that is delivered for sale in California and that 

qualifies for a partial ZEV allowance of at least 0.2. 
45-day Notice 02/08/08 

Hearing Date: 03/2708 

2

nd 15-day Notice: 10/03/08

B-3 

“Regenerative braking” means the partial recovery of the energy normally 

dissipated into friction braking that is returned as electrical current to an energy storage 

device. 

“SC03” means the U.S. EPA SC03 driving schedule representing vehicle 

operation with air conditioning, as set forth in Appendix I of 40 CFR Part 86. 

“SOC Net Change Tolerance” means the state-of-charge net change tolerance 

that is applied to the SOC Criterion for charge-sustaining hybrid electric vehicles when 

validating an emission test. See section D.8 of these procedures for tolerance 

specifications. 

“SOC Criterion” means the state-of-charge criterion that is applied to chargesustaining hybrid electric vehicle to validate an emission test. The SOC Criterion 

requires that no net change in battery energy occurs over a given test cycle, i.e. the 

final battery state-of-charge that is recorded at the end of the emission test must be 

equivalent to the initial battery state-of-charge that is set at the beginning of the 

emission test. The SOC Net Change Tolerance shall be applied to the SOC Criterion. 

“Specialty ZEV” means a ZEV that is designed for a commercial or 

governmental fleet application, and either [i] has the same zero emissions energy 

storage device and chassis as an existing ZEV from which it is modified, or [ii] in the 

case of a vehicle that is not based on an existing ZEV platform, is optimized for a 

particular duty cycle, such as urban delivery service, that conflicts with optimization for 

maximum vehicle range. 

“Type 0, I, II, and III ZEV” all have the meanings set forth in section C.4.4(a). 

“US06” means the US06 driving schedule for aggressive driving as set forth in 

Appendix I of 40 CFR Part 86. 

“UDDS” means urban dynamometer driving schedule as set forth Appendix I of 

40 CFR Part 86. 

“Zero-emission vehicle” or “ZEV” means any vehicle certified to zero-emission 

standards. 

“Zero-emission VMT” means the vehicle miles traveled with zero exhaust 

emissions of any criteria pollutant (or precursor pollutant). 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-1

C. Zero-Emission Vehicle Standards.

 

1. ZEV Emission Standard. The Executive Officer shall certify new 2005 

and subsequentthrough 2008 model passenger cars, light-duty trucks and medium-duty 

vehicles as ZEVs if the vehicles produce zero exhaust emissions of any criteria 

pollutant (or precursor pollutant) under any and all possible operational modes and 

conditions. Incorporation of a fuel-fired heater shall not preclude a vehicle from being 

certified as a ZEV provided: (1) the fuel-fired heater cannot be operated at ambient 

temperatures above 40oF, (2) the heater is demonstrated to have zero fuel evaporative 

emissions under any and all possible operational modes and conditions, and (3) the 

emissions of any pollutant from the fuel-fired heater when operated at an ambient 

temperature between 68oF and 86oF do not exceed the emission standard for that 

pollutant for a ULEV under section 1961(a)(1), title 13, CCR. 

A vehicle that would meet the emissions standards for a ZEV except that it uses 

a fuel-fired heater that can be operated at ambient temperatures above 40oF, that 

cannot be demonstrated to have zero fuel evaporative emissions under any and all 

possible operation modes and conditions, or that has emissions of any pollutant 

exceeding the emission standard for that pollutant for a ULEV under section 1961(a)(1), 

title 13, CCR, shall be certified based on the emission level of the fuel-fired heater. 

2. Percentage ZEV Requirements 

2.1 General Percentage ZEV Requirement. 

(a) Basic Requirement. The minimum percentage ZEV requirement for each 

manufacturer is listed in the table below as the percentage of the PCs and LDT1s, and 

LDT2s to the extent required by section C.2.2(c), produced by the manufacturer and 

delivered for sale in California that must be ZEVs, subject to the conditions in section 

C.2.2. 

Model Years Minimum ZEV Requirement 

2005 through 2008 10 percent 

2009 through 2011 11 percent

2012 through 2014 12 percent

2015 through 2017 14 percent

2018 and subsequent 16 percent

(b) Calculating the Number of Vehicles to Which the Percentage ZEV 

Requirement is Applied. A manufacturer’s volume of PCs and LDT1s produced and 

delivered for sale in California will be averaged for the 1997, 1998, and 1999 model 

years to determine the California PC and LDT1 production volume for the model year 

2005 ZEV requirements. For subsequentthe three-year periods following model years 

2005, a manufacturer’s California production volume of PCs and LDT1s, and LDT2s as 

applicable, will be based on a three-year average of the manufacturer’s volume of PCs 

and LDT1s, and LDT2s as applicable, produced and delivered for sale in California in 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-2

the prior fourth, fifth and sixth years (e.g. 2006 to 2008 model-year ZEV requirements 

will be based on California production volumes of PCs and LDT1s, and LDT2s as 

applicable, for 2000 to 2002 model years). This production averaging is used to 

determine ZEV requirements only, and has no effect on a manufacturer’s size 

determination. As an alternative to the three year averaging of prior year production 

described above, a manufacturer may during model year 2005 or the first model year of 

a subsequent three year period elect to base its ZEV obligation on the number of PCs 

and LDT1s, and LDT2s to the extent required by section C.2.1(c), produced by the 

manufacturer and delivered for sale in California that same year. If a manufacturer 

elects to use this method after model year 2005 it must be used for each year of the 

three-year period. In applying the ZEV requirement, a PC, LDT1, or LDT2 as 

applicable,(beginning in the 2007 model year) that is produced by a small volume 

manufacturer, but is marketed in California by another manufacturer under the other 

manufacturer’s nameplate, shall be treated as having been produced by the marketing 

manufacturer. 

(c) Phase-in of ZEV Requirements for LDT2s. Beginning with tThe ZEV 

requirements for the 20072008 model year, 34% of a manufacturer’s LDT2 production 

shall be included in determining the manufacturer’s overall ZEV requirement under 

section C.2.1(a). in the increasing percentages shown the table below. 

2007 2008 2009 2010 2011 2012+

17% 34% 51% 68% 85% 100%

 (d) Exclusion of ZEVs in Determining a Manufacturer’s Sales Volume. In 

calculating for purposes of section C.2.1(b) and (c) the volume of PCs, LDT1s and 

LDT2s a manufacturer has produced and delivered for sale in California, the 

manufacturer shall exclude the number of ZEVs produced by the manufacturer, or by a 

subsidiary in which the manufacturer has a greater than 50% ownership interest, and 

delivered for sale in California. 

2.2 Requirements for Large Volume Manufacturers. 

(a) Primary Requirements for Large Volume Manufacturers. In the 2005 

through 2008 model years, a large-volume manufacturer must meet at least 20% of its 

ZEV requirement with ZEVs or ZEV credits generated by such vehicles, and at least 

another 20% with ZEVs, advanced technology PZEVs, or credits generated by such 

vehicles. The remainder of the large-volume manufacturer’s ZEV requirement may be 

met using PZEVs or credits generated by such vehicles. As the ZEV requirement 

increases over time from 10% in model year 2005 to 16% in model years 2018 and 

subsequent, the maximum portion of a large volume manufacturer’s percentage ZEV 

requirement that may be satisfied by PZEVs that are not advanced technology PZEVs, 

or credits generated by such vehicles, is limited to 6% of the manufacturer’s applicable 

California PC, LDT1, and LDT2 production volume; advanced technology PZEVs or 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-3

credits generated by such vehicles may be used to meet up to one-half of the 

manufacturer’s remaining ZEV requirement. 

(b) Alternative Requirements for Large Volume Manufacturers.

(1) Minimum Floor for Production of Type III ZEVs. 

 

(A) Requirement For the 2005-2008 Model Years. A large volume 

manufacturer electing to be subject to the alternative compliance requirements during 

model years 2005 through 2008 must produce, deliver for sale, and place in service in 

California enough 2001-2008 model-year Type III ZEVs to generate ZEV credits 

sufficient to meet a cumulative percentage ZEV requirement of 1.09 percent of the 

manufacturer’s average annual California sales of PCs and LDT1s over the five year 

period from model years 1997 through 2001, or submit an equivalent number of credits 

generated by such vehicles. The manufacturer may meet up to one half of this 

requirement with [i] 2004-2008 model-year Type I or Type II ZEVs, provided that 

20 Type I ZEVs or 10 Type II ZEVs will equal one Type III ZEV, and [ii] 1997-2003 

model-year Type I or Type II ZEVs that qualify for an extended service multiplier under 

section C.6. for a year primarily during calendar years 2004-2008, provided that 33 

years of such a multiplier will equal one Type III ZEV. 

(B) [RESERVED]Requirement For the 2009-2011 Model Years. A large 

volume manufacturer electing to be subject to the alternative compliance requirements 

during model years 2009 through 2011 must produce, deliver for sale, and place in 

service in California enough 2009-2011 model-year Type III ZEVs to generate ZEV 

credits sufficient to meet the 2009-2011 alternative path percentage, as calculated 

pursuant to section C.2.2(b)(1)(E), of the manufacturer's section C.2.1(a) percentage 

ZEV requirement for the 2010 model year, based on the prior year method described in 

section C.2.1(b), or submit an equivalent number of credits generated by such vehicles. 

 The manufacturer may meet up to one half of this requirement with [i] 2009-2011 

model-year Type I or Type II ZEVs, provided that 20 Type I ZEVs or 10 Type II ZEVs 

will equal one Type III ZEV, and [ii] 1997-2003 model-year ZEVs that qualify for an 

extended service multiplier under section C.6. for a year primarily during calendar years 

2009-2011, provided that 33 years of such a multiplier will equal one Type III ZEV.

(C) [RESERVED]Requirement For the 2012-2014 Model Years. A large 

volume manufacturer electing to be subject to the alternative compliance requirements 

during model years 2012 through 2014 must produce, deliver for sale, and place in 

service in California enough 2012-2014 model-year Type III ZEVs to generate ZEV 

credits sufficient to meet the 2012-2014 alternative path percentage, as calculated 

pursuant to section C.2.2(b)(1)(E), of the manufacturer's section C.2.1(a) percentage 

ZEV requirement for the 2013 model year, based on the prior year method described in 

section C.2.1(b), or submit an equivalent number of credits generated by such vehicles. 

 The manufacturer may meet up to one half of this requirement with 2012-2014 model 

year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal 

one Type III ZEV.
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-4

(D) [RESERVED]Requirement For the 2015-2017 Model Years. A large 

volume manufacturer electing to be subject to the alternative compliance requirements 

during model years 2015 through 2017 must produce, deliver for sale, and place in 

service in California enough 2015-2017 model-year Type III ZEVs to generate ZEV 

credits sufficient to meet the 2015-2017 alternative path percentage, as calculated in 

section C.2.2(b)(1)(E), of the manufacturer's section C.2.1(a) percentage ZEV 

requirement for the 2016 model year, based on the prior year method described in 

section C.2.1(b), or submit an equivalent number of credits generated by such vehicles. 

 The manufacturer may meet up to one half of this requirement with 2015-2017 model 

year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal

one Type III ZEV.

(E) [RESERVED]Calculation of a Manufacturer’s Alternative Path Percentage. 

 A manufacturer’s alternative path percentage for a given time period is calculated as 

the target number of credits for each time period divided by the applicable combined 

model year ZEV obligation of all large volume manufacturers for that same time period, 

where:

Time 

Period

(MYs)

Target 

Number of 

Alternative 

Path Type III 

ZEVs

Credits 

per 

Vehicl

e

Target 

Number of 

Credits

Combined 

Model Year 

ZEV 

Obligation

Alternative 

Path 

Percentage 

2009 –

2011

2,500 4 10,000 A 10,000/Ax100

2012 –

2014

25,000 3 75,000 B 75,000/B x100

2015 –

2017

50,000 3 150,000 C 150,000/C 

x100

And where:

A = The combined total section C.2.1(a) percentage ZEV requirement, based on the 

prior year method described in section C.2.1(b), that would apply for all large 

manufacturers for the 2010 model year,

B = The combined total section C.2.1(a) percentage ZEV requirement, based on the 

prior year method described in section C.2.1(b), that would apply for all large 

manufacturers for the 2013 model year, and

C = The combined total section C.2.1(a) percentage ZEV requirement, based on the 

prior year method described in section C.2.1(b), that would apply for all large 

manufacturers for the 2016 model year.

(F) Exclusion of Additional Credits for Transportation Systems. Any additional 

credits for transportation systems generated in accordance with section C.7.5 shall not 

be counted towards compliance with this section C.2.2(b)(1)(A)-(E). 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-5

(G) Carry-over of Excess Credits. Where a manufacturer generates more 

qualifying ZEV credits than are needed to meet the minimum floor requirement for the 

production of Type III ZEVs in one of the periods identified in section C.2.2(b)(1)(A)-(C), 

the qualifying ZEV credits may be used towards meeting the minimum floor requirement 

for the production of Type III ZEVs in a subsequent period, provided that the value of 

these carryover credits shall be based on the model year in which the credits are used. 

 ZEV credits generated from excess production in model years 2005 through 2008 may 

be carried forward and applied to the 2009 through 2011 minimum floor requirement 

specified in California Exhaust Emission Standards and Test Procedures for 2009 and 

Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid 

Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle 

Classes section C.2.2(b)(1)(B) provided that the value of these carryover credits shall 

be based on the model year in which the credits are used.

(H) Failure to Meet Requirement for Production of Type III ZEVs. A 

manufacturer that, after electing to be subject to the alternative requirements in section 

C.2.2(b) for any model year from 2005 through 20172008, fails to meet the requirement 

in section C.2.2(b)(1)(A)-(D) by the end of the specified three or four year period in 

which the model year falls, shall be treated as subject to the primary requirements in 

section C.2.1(a) for all model years in the specified three or four year period. 

 (I) The number of Type III ZEVs needed for a manufacturer under 

section C.2.2(b)(1)(A)-(D) shall be rounded to the nearest whole number. 

(2) Compliance With Percentage ZEV Requirements. In the 2005 through 

2008 model years, a large volume manufacturer electing to be subject to the alternative 

compliance requirements in a given model year must meet at least 40 percent of its 

ZEV requirement for that model year with ZEVs, advanced technology PZEVs, or 

credits generated from such vehicles. The remainder of the large volume 

manufacturer’s ZEV requirement may be met using PZEVs or credits generated from 

such vehicles. As the ZEV requirement increases over time from 11% in model year 

2009 to 16% in model years 2018 and subsequent, the maximum portion of the large 

volume manufacturer’s percentage ZEV requirement that may be satisfied by PZEVs 

that are not advanced technology PZEVs, or credits generated by such vehicles, is 

limited to 6% of the manufacturer’s applicable California PC, LDT1, and LDT2 

production volume; ZEVs, AT PZEVs, or credits generated by such vehicles may be

used to meet the manufacturer’s remaining ZEV requirement.

(3) [RESERVED]Sunset of Alternative Requirements After the 20172008

Model Year. The alternative requirements in section C.2.2(b) are not available after the 

2017 model year.

 (c) Election of the Primary or Alternative Requirements for Large Volume 

Manufacturers for the 2005 through 2008 Model Years. A large volume manufacturer 

shall be subject to the primary ZEV requirements for the 2005 model year unless it 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-6

notifies the Executive Officer in writing prior to the start of the 2005 model year that it is 

electing to be subject to the alternative compliance requirements for that model year. 

Thereafter, through the 2008 model year, a manufacturer shall be subject to the same 

compliance option as applied in the previous model year unless it notifies the Executive 

Officer in writing prior to the start of a new model year that it is electing to switch to the 

other compliance option for that new model year. However, a large volume 

manufacturer that has previously elected to be subject to the primary ZEV requirements 

for one or more of the model years in the three or four year periods identified in section 

C.2.2(b)(1)(A)-(D) may prior to the end of the three or four year period elect to become 

subject to the alternative compliance requirements for the full three or four year period 

upon a demonstration that it has complied with all of the applicable requirements for 

that period in section C.2.2(b)(1)(A)-(D). 

 (d) Use of Credits from Model Year 2003-2004 PZEVs. A large volume 

manufacturer may produce, and deliver for sale in California, model year 2003 or 2004 

PZEVs that generate credits exceeding the number of credits equal to 6 percent of the 

average annual volume of 1997, 1998 and 1999 PCs and LDT1s produced and 

delivered for sale in California by the manufacturer. In that event, the manufacturer 

may use those excess credits as AT PZEV credits in the 2005 and 2006 model years. 

2.3 Requirements for Intermediate Volume Manufacturers. In the 2005 

and subsequentthrough 2008 model years, an intermediate volume manufacturer may 

meet its ZEV requirement with up to 100 percent PZEVs or credits generated by such 

vehicles. 

2.4 Requirements for Small Volume Manufacturers and Independent Low 

Volume Manufacturers. A small volume manufacturer or an independent low volume 

manufacturer is not required to meet the percentage ZEV requirements. However, a 

small volume manufacturer or an independent low volume manufacturer may earn and 

market credits for the ZEVs or PZEVs it produces and delivers for sale in California. 

2.5 Counting ZEVs and PZEVs in Fleet Average NMOG Calculations. For 

purposes of calculating a manufacturer’s fleet average NMOG value and NMOG credits 

under sections 1960.1(g)(2) and 1961(b) and (c), title 13, CCR, a vehicle certified as a 

ZEV is counted as one ZEV, and a PZEV is counted as one SULEV certified to the 

150,000 mile standards, regardless of any ZEV or PZEV multipliers. 

2.6 Implementation Prior to 2005 Model Year. Prior to the 2005 model 

year, a manufacturer that voluntarily produces vehicles meeting the ZEV emission 

standards applicable to 2005 and subsequent model year vehicles may certify the 

vehicles to those standards and requirements for purposes of calculating fleet average 

NMOG exhaust emission values and NMOG credits under sections 1960.1(g)(2) and 

1961(b) and (c), title 13, CCR, and for calculating ZEV credits as set forth in 

section C.74. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-7

2.7 Changes in Small Volume, Independent Low Volume, and 

Intermediate Volume Manufacturer Status. 

(a) Increases in California Production Volume. In the 2003 and subsequent

through 2008 model years, if a small volume manufacturer’s average California 

production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the 

average number of vehicles produced and delivered for sale for the three previous 

consecutive model years, or if an independent low volume manufacturer’s average 

California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs 

based on the average number of vehicles produced and delivered for sale for the three 

previous consecutive model years, or if an intermediate volume manufacturer’s average 

California production volume exceeds 60,000 units of new PCs, LDTs, and MDVs 

based on the average number of vehicles produced and delivered for sale for the three 

previous consecutive model years (i.e., total production volume exceeds 180,000 in a 

three-year period), the manufacturer shall no longer be treated as a small volume, 

independent low volume, or intermediate volume manufacturer, as applicable, and shall 

comply with the ZEV requirements for independent low volume, intermediate volume or 

large volume manufacturers, as applicable, beginning with the sixth model year after 

the last of the three consecutive model years. The lead time shall be four rather than 

six years Requirements will begin in the fourth model year rather than the sixth model 

year where a manufacturer ceases to be a small or intermediate volume manufacturer 

in the 2003 or subsequent through 2008 model years due to the aggregation 

requirements in majority ownership situations, except that if the majority ownership in 

the manufacturer was acquired prior to the 2001 model year, the manufacturer must 

comply with the stepped-up ZEV requirements starting in the 2010 model year. 

 (b) Decreases in California Production Volume. If a manufacturer’s average 

California production volume falls below 4,500, 10,000 or 60,000 units of new PCs, 

LDTs, and MDVs, as applicable, based on the average number of vehicles produced 

and delivered for sale for the three previous consecutive model years, the manufacturer 

shall be treated as a small volume, independent low volume, or intermediate volume 

manufacturer, as applicable, and shall be subject to the requirements for a small 

volume, independent low volume, or intermediate volume manufacturer beginning with 

the next model year. In determining small volume manufacturer status, vehicles 

produced by one manufacturer and marketed in California by another manufacturer 

under the other manufacturer’s nameplate shall be treated as part of the California 

production volume of the sales of the marketing manufacturer. 

(c) Calculating California Production Volume in Change of Ownership Situations.

Where a manufacturer experiences a change in ownership in a particular model year, 

the change will affect application of the aggregation requirements on the manufacturer 

starting with the next model year. The manufacturer’s small or intermediate volume 

manufacturer status for the next model year shall be based on the average California 

production volume in the three previous consecutive model years of those 

manufacturers whose production volumes must be aggregated for that next model year. 

 For example, where a change of ownership during the 2004 model year results in a 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-8

requirement that the production volume of Manufacturer A be aggregated with the 

production volume of Manufacturer B, Manufacturer A’s status for the 2005 model year 

will be based on the production volumes of Manufacturers A and B in the 2002-2004 

model years. Where the production volume of Manufacturer A must be aggregated with 

the production volumes of Manufacturers B and C for the 2004 model year, and during 

that model year a change in ownership eliminates the requirement that Manufacturer 

B’s production volume be aggregated with Manufacturer A’s, Manufacturer A’s status 

for the 2005 model year will be based on the production volumes of Manufacturers A 

and C in the 2002-2004 model years. In either case, the lead time provisions in 

section C.2.57(a) and (b) will apply. 

3. Partial ZEV Allowance Vehicles (PZEVs).

3.1 Introduction. This section C.3 sets forth the criteria for identifying 

vehicles delivered for sale in California as PZEVs. A PZEV is a vehicle that cannot be 

certified as a ZEV but qualifies for a PZEV allowance of at least 0.2. 

3.2 Baseline PZEV Allowance. In order for a vehicle to be eligible to receive 

a PZEV allowance, the manufacturer must demonstrate compliance with all of the 

following requirements. A qualifying vehicle will receive a baseline PZEV allowance of 

0.2. 

(a) SULEV Standards. Certify the vehicle to the 150,000-mile SULEV 

exhaust emission standards for PCs and LDTs in section 1961(a)(1), title 13, CCR (for 

model years 2003 through 2006, existing SULEV intermediate compliance standards 

shall apply to all PZEVs). Bi-fuel, fuel-flexible and dual-fuel vehicles must certify to the 

applicable 150,000-mile SULEV exhaust emission standards when operating on both 

fuels; 

(b) Evaporative Emissions. Certify the vehicle to the evaporative emission 

standards in section 1976(b)(1)(E), title 13, CCR (“zero”-fuel evaporative emissions 

standards); 

(c) OBD. Certify that the vehicle will meet the applicable on-board diagnostic 

requirements in sections 1968.1 or 1968.2, as applicable, title 13, CCR for 

150,000 miles; and 

(d) Extended Warranty. Extend the performance and defects warranty period 

set forth in sections 2037(b)(2) and 2038(b)(2) to 15 years or 150,000 miles, whichever 

occurs first, except that the time period is to be 10 years for a zero emission energy 

storage device used for traction power (such as a battery, ultracapacitor, or other 

electric storage device). 

 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-9

3.3 Zero-Emission VMT PZEV Allowance.

(a) Calculation of Zero Emission VMT Allowance. A vehicle that meets the 

requirements of section C.3.2 and has zero-emission vehicle miles traveled (“VMT”) 

capability will generate an additional zero emission VMT PZEV allowance, calculated as 

follows: 

 

Urban All-Electric Range Zero-emission VMT Allowance 

< 10 miles 0.0 

 10 miles to 90 miles (33.8 + [0.5 x Urban AER])/35 

 > 90 miles 2.25 

The urban all-electric range shall be determined in accordance with 

section E.3.(2)(a)2.1 of these test procedures. 

 (b) Alternative Procedures. As an alternative to determining the zeroemission VMT allowance in accordance with the preceding section C.3.3(a), a 

manufacturer may submit for Executive Officer approval an alternative procedure for 

determining the zero-emission VMT potential of the vehicle as a percent of total VMT, 

along with an engineering evaluation that adequately substantiates the zero-emission 

VMT determination. For example, an alternative procedure may provide that a vehicle 

with zero-emissions of one regulated pollutant (e.g. NOx) and not another (e.g. NMOG) 

will qualify for a zero-emission VMT allowance of 1.5. 

(c) Additional Allowances for Qualifying HEVs. The Executive Officer shall 

approve an additional 0.1 zero-emission VMT partial ZEV allowance for an HEV with an 

all-electric range if the manufacturer demonstrates to the reasonable satisfaction of the 

Executive Officer that the HEV is equipped with software and/or other strategies that 

would promote maximum use of off-vehicle charging, and that the strategies employed 

are reasonably reliable and tamper-proof. 

 

3.4 PZEV Allowance for Advanced ZEV Componentry. A vehicle that 

meets the requirements of section C.3.2 may qualify for an advanced componentry 

PZEV allowance as provided in this section 3.4. 

(a) Use of High Pressure Gaseous Fuel or Hydrogen Storage System. A 

vehicle equipped with a high pressure gaseous fuel storage system capable of refueling 

at 3600 pounds per square inch or more and operating exclusively on this gaseous fuel 

shall qualify for an advanced componentry PZEV allowance of 0.2. A vehicle capable 

of operating exclusively on hydrogen stored in a high pressure system capable of 

refueling at 3600 pounds per square inch or more, or stored in nongaseous form, shall 

instead qualify for an advanced componentry PZEV allowance of 0.3. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-10

(b) Use of a Qualifying HEV Electric Drive System. 

(1) Classification of HEVs. HEVs qualifying for additional allowances or 

allowances that may be used in the AT PZEV category are classified in one of five 

types of HEVs based on the criteria in the following table. 

Characteristics Type A Type B Type C Type D Type E 

Electric Drive 

System Peak 

Power Output 

>= 4 kW >= 4 kW 

<10 kW 

>= 10 kW >= 10 kW >= 50 kW 

Traction Drive 

System Voltage 

<60 

Volts 

>= 60 

Volts 

< 60 Volts >= 60 

Volts 

>= 60 

volts 

Traction Drive 

Boost 

Yes Yes Yes Yes Yes 

Regenerative 

Braking 

Yes Yes Yes Yes Yes 

Idle Start/Stop Yes Yes Yes Yes Yes 

(2) Type A HEVs. A 2008 or earlier model-year PZEV that the manufacturer 

demonstrates to the reasonable satisfaction of the Executive Officer meets all of the 

criteria for a Type A HEV does not receive an additional allowance for meeting those 

criteria but generates credits that may be used in the AT PZEV category through the 

2008 model year. 

(3) Type B HEVs. A 2008 or earlier model-year PZEV that the manufacturer 

demonstrates to the reasonable satisfaction of the Executive Officer meets all of the 

criteria for a Type B HEV qualifies for an additional advanced componentry allowance 

of 0.2. 

(4) Type C HEVs. A 20112008 or earlier model-year PZEV that the 

manufacturer demonstrates to the reasonable satisfaction of the Executive Officer 

meets all of the criteria for a Type C HEV, and that is equipped with an advanced 

traction energy storage system – such as nickel metal-hydride batteries, ultracapacitors, 

or other similar systems – with a design lifetime of at least 10 years, qualifies for an 

additional advanced componentry allowance of 0.2. 

 (5) Type D HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type D 

HEV qualifies for an additional advanced componentry allowance of 0.4 in the 2003 

through 20112008 model years, 0.35 in the 2012 through 2014 model years, and 0.25 

in the 2015 and subsequent model years. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-11

(6) Type E HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type E 

HEV qualifies for an additional advanced componentry allowance of 0.5 in the 2003 

through 20112008model years, 0.45 in the 2012 through 2014 model years, and 0.35 in 

the 2015 and subsequent model years. 

(7) Severability. In the event that all or part of section C.3.4(b)(1)-(6) is found 

invalid, the remainder of these standards and test procedures, including the remainder 

of section C.3.4(b)(1)-(6) if any, remains in full force and effect. 

3.5 PZEV Allowance for Low Fuel-Cycle Emissions. A vehicle that uses 

fuel(s) with very low fuel-cycle emissions shall receive a PZEV allowance not to exceed 

0.3 (0.15 in the case of an HEV that uses for propulsion any fuel that does not have 

very low fuel-cycle emissions). In order to receive the fuel-cycle PZEV allowance, a 

manufacturer must demonstrate to the Executive Officer, using peer-reviewed studies 

or other relevant information, that NMOG emissions associated with the fuel(s) used by 

the vehicle (on a grams/mile basis) are lower than or equal to 0.01 grams/mile. Fuelcycle emissions must be calculated based on near-term production methods and 

infrastructure assumptions, and the uncertainty in the results must be quantified. The 

fuel-cycle PZEV allowance is calculated according to the following formula: 

PZEV Fuel Cycle Allowance = 0.3 x [(percent of VMT using fuel(s) meeting the 

requirements of the preceding paragraph)/ 100] 

A manufacturer’s demonstration to the Executive Officer that a vehicle qualifies for a 

fuel-cycle PZEV allowance shall include test results and/or empirical data supporting 

the estimate of the relative proportion of VMT while operating on fuel(s) with very low 

fuel-cycle emissions. 

3.6 Calculation of PZEV Allowance.

(a) Calculation of Combined PZEV Allowance for a Vehicle. The combined 

PZEV allowance for a qualifying vehicle in a particular model year is the sum of the 

PZEV allowances listed in this section C.3.6, multiplied by any PZEV introduction 

phase-in multiplier listed in section C.3.7, subject to the cap in section C.3.6(b). 

(1) Baseline PZEV Allowance. The baseline PZEV allowance of 0.2 for 

vehicles meeting the criteria in section C.3.2; 

(2) Zero Emission VMT PZEV Allowance. The zero-emission VMT PZEV 

allowance, if any, determined in accordance with section C.3.3.; 

(3) Advanced ZEV Componentry PZEV Allowance. The advanced ZEV 

componentry PZEV allowance, if any, determined in accordance with section C.3.4; and 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-12

(4) Fuel-cycle Emissions PZEV Allowance. The fuel-cycle emissions PZEV 

allowance, if any, determined in accordance with section C.3.5. 

(b) Caps on the Value of an AT PZEV Allowance. 

(1) [RESERVED]Cap for 2012 and Subsequent Model-Year Vehicles. The 

maximum value of AT PZEV allowances a 2012 and subsequent model-year vehicle 

may earn, including the baseline PZEV allowance, is 3.0. 

(2) Cap Based on the Credit Value of a Type III ZEV. In no case may the 

combined AT PZEV allowance for a qualifying vehicle in a particular model year, 

including the baseline PZEV allowance, exceed the ZEV credits for a Type III ZEV 

placed in service in the same model year. 

3.7 PZEV Multipliers

(a) PZEV Introduction Phase-In Multiplier. Each 2000 through 2005 modelyear PZEV that is produced and delivered for sale in California, other than a PZEV 

qualifying for a phase-in multiplier under section C.3.7(b), qualifies for a PZEV 

introduction phase-in multiplier as follows: 

MY 2000-2003 MY 2004 MY 2005 

Multiplier 4.0 2.0 1.33 

(b) Introduction Phase-In Multiplier for PZEVs That Earn a Zero Emission 

VMT Allowance. Each 2000 through 20112008 model year PZEV that earns a zero 

emission VMT allowance under section C.3.3 and is produced and delivered for sale in 

California qualifies for a phase-in multiplier as follows: 

MY 2000-2008 MY 2009-2011

Multiplier 6.0 3.0

4. Qualification for ZEV Multipliers and Credits. 

4.1 1999-2000 Model-Year ZEV Multiplier Calculation for Extended 

Electric Range Vehicles. Each ZEV that is produced and delivered for sale in 

California in the 1999-2000 model years and that has an extended electric range shall 

qualify for a ZEV multiplier as follows: 

All-electric range MY 1999-2000 

100-175 6-10 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-13

ZEV multipliers under the above schedule will be determined by linear interpolation 

between the values shown in the above schedule. Range shall be determined in 

accordance with section E.3.(2)(a) of these test procedures. ZEVs that have a refueling 

time of less than 10 minutes and a range of 100 miles or more shall be counted as 

having unlimited all-electric range, and shall consequently earn the maximum allowable 

ZEV multiplier for a specific model year. ZEVs that have a range of 80 to 99 miles shall 

qualify for ZEV multipliers in the 1999-2000 model years in accordance with the 

following equation: 

ZEV multiplier = (6) x (AER equivalent to a 10 minute recharge/100) x 0.5. 

As an option to the above mechanism, the manufacturer of a 1999 model-year ZEV 

may elect to have its multiplier based on the regulatory requirements pertaining to 

multipliers based on range or specific energy in section 1960.1(g)(2) and (h)(2). title 13, 

CCR, that were applicable to 1999 model-year ZEVs immediately before this 

section C1962 became operative on November 27, 1999 as a result of the “LEV II” 

rulemaking. 

4.2 ZEV Multipliers for 2001-2002 Model Years. 

(a) ZEV Phase-In Multiplier. Each 2001 and 2002 model-year ZEV that is 

placed in service in California by September 30, 2003 qualifies for a ZEV phase-in 

multiplier of 4.0. A 2001 or 2002 model-year ZEV that is placed in service in California 

after September 30, 2003 earns credits in accordance with section 4.4 instead of 

section 4.2. 

(b) ZEV Extended Electric Range Multiplier. 

(1) Basic Multiplier Schedule. Each 2001 and 2002 model-year ZEV that is 

placed in service in California and that has an extended urban electric range qualifies 

for a ZEV extended electric range multiplier as follows: 

Urban All-Electric Range Multiplier 

< 50 miles 1 

> ≥ 50 miles to < 275 miles (Urban AER-25)/25 

> ≥ 275 miles 10 

A NEV is not eligible to earn a ZEV extended electric range multiplier. In determining 

ZEV range multipliers, specialty ZEVs may, upon Executive Officer approval, be tested 

at the parameters used to determine the ZEV multipliers for the existing ZEV. 

 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-14

(2) Fast refueling.

 (A) Full Fueling in 10 Minutes or Less. A 2001 -2002 model-year ZEV with 

the demonstrated capability to accept fuel or electric charge until achieving at least 95% 

SOC or rated fuel capacity in 10 minutes or less when starting from all operationally 

allowable SOC or fuel states is counted as having unlimited zero emission range and 

qualifies for the maximum allowable ZEV extended electric range multiplier. 

(B) At Least 60-Mile Range in Less Than 10 Minutes. A 2001-2002 model 

year ZEV with the demonstrated capacity to accept fuel or electric charge equivalent to 

at least 60 miles of UDDS range when starting from 20% SOC in less than 10 minutes 

is counted as having 60 additional miles (up to a 275 mile maximum) of UDDS range in 

the range multiplier determination in section C.4.2(c)(1). 

(c) Combined Multiplier. During the 2001-2002 model years, the combined 

ZEV multiplier for each ZEV in a specific model year is the product of: 

(1) The ZEV phase-in multiplier if any as set forth in section C.4.2(a), times 

(2) The extended electric range multiplier if any as set forth in 

section C.4.2(b). 

4.3 Effect of ZEV Multipliers in the 1996-2002 Model Years. In calculating 

the number of ZEVs produced and delivered for sale in California by a manufacturer in 

the 1996-2002 model years and the ZEV credits from such vehicles, the number of 

ZEVs qualifying for a particular ZEV multiplier shall be multiplied by the combined ZEV 

multiplier. 

4.4 ZEV Credits for the 2003 and Subsequentthrough 2008 Model Years. 

(a) ZEV Tiers for Credit Calculations. Starting in the 2003 model year, ZEV 

credits from a particular ZEV are based on the assignment of a given ZEV into one of 

the following five ZEV tiers: 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-15

ZEV Tier Common 

Description 

UDDS ZEV 

Range 

Fast Refueling Capability 

NEV NEV No minimum N/A 

Type 0 Utility EV <50 miles N/A 

Type I City EV >= 50, <100 

miles 

N/A 

Type II Full Function 

EV 

>= 100 miles N/A 

Type III Fuel Cell EV >= 100 miles Must be capable of replacing 95% 

maximum rated energy capacity

in <= 10 minutes

Must be capable of replacing 

95 miles (UDDS ZEV range) in 

≤ 10 minutes per section 

C.4.2(b)(2)(A)

A specialty ZEV that has the same zero emission energy storage device and chassis as 

an existing ZEV from which it was modified may, upon Executive Officer approval, be 

categorized on the basis of that existing ZEV. A specialty vehicle that is optimized for a 

particular duty cycle that conflicts with optimization for maximum vehicle range may be 

promoted to the next higher ZEV tier upon a determination by the Executive Officer that 

the specialty vehicle has ZEV componentry equivalent to that utilized by ZEVs in the 

next tier and would meet the requirements for the next tier if optimized for maximum 

range. 

(b) ZEV Credits for 2003 and Subsequentthrough 2008 Model-Year ZEVs. A 

2003 and subsequentthrough 2008 model-year ZEV, other than a NEV, earns 1 ZEV 

credit when it is produced and delivered for sale in California. A 2003 and 

subsequentthrough 2008 model-year ZEV earns additional credits based on the earliest 

model year in which the ZEV is placed in service (not earlier than the ZEV’s model 

year). The following table identifies the total credits that a ZEV in each of the five ZEV 

tiers will earn, including the credit not contingent on placement in service, if it is placed 

in service in the specified modelcalendar year or by June 30 after the end of the 

specified modelcalendar year. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-16

Total Credit Earned by ZEV Type and Model Year for Production and Delivery for 

Sale and for Placement

Tier Model Calendar Year in Which ZEV is Placed in Service 

 2003 2004 2005 200

6 2007 2008 

200

9

201

0

201

1

2012+

NEV 1.25 0.62

5 

0.62

5 0.15 0.15 0.15 0.15 0.15 0.15 0.15

Type 0 

(Utility) 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1

Type 1 

(City) 8 8 8 7 7 7 2 2 2 2

Type II 12 12 12 10 10 10 3 3 3 3

Type III 40 40 40 40 40 40 4 4 4 3

 (c) Multiplier for Certain Type I and Type II ZEVs. A 2004 through 20112008

model-year Type I and Type II ZEV shall qualify for a multiplier of 1.25 if it is either sold 

to a motorist or is leased for three or more years to a motorist who is given the option to 

purchase or re-lease the vehicle for two years or more at the end of the first lease term. 

 (d) Counting a Type III ZEV Placed in a Section 177 State. Through the 

20112008 model year, a Type III ZEV that is certified to the California ZEV standards 

and is placed in service in a state that is administering the California ZEV requirements 

pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507) applicable for 

the ZEV’s model year may be counted towards compliance with the California 

percentage ZEV requirements in section C.2, including the requirements in section 

C.2.2(b), as if it were delivered for sale and placed in service in California. Similarly, a 

20112008 and earlier model-year Type III ZEV that is certified to the California ZEV 

standards and is placed in service in California may be counted towards the percentage 

ZEV requirements of any state that is administering the California ZEV requirements 

pursuant to section 177 of the federal Clean Air Act, including requirements based on 

section C.2.2(b). 

5. [Reserved]

6. Extended Service Multiplier for 1997-2003 Model-Year ZEVs and 

PZEVs With ≥ 10 Mile Zero Emission Range. Except in the case of a NEV, an 

additional ZEV or PZEV multiplier will be earned by the manufacturer of a 1997 through 

2003 model-year ZEV, or PZEV with ≥ 10 mile zero emission range, for each full year it

is registered for operation on public roads in California beyond its first three years of 

service, through the 20112008 calendar year. For additional years of service starting 

earlier than April 24, 2003, the manufacturer will receive 0.1 times the ZEV credit that 

would be earned by the vehicle if it were leased or sold new in that year, including 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-17

multipliers, on a year-by-year basis beginning in the fourth year after the vehicle is 

initially placed in service. For additional years of service starting April 24, 2003 or later, 

the manufacturer will receive 0.2 times the ZEV credit that would be earned by the 

vehicle if it were leased or sold new in that year, including multipliers, on a year-by-year 

basis beginning in the fourth year after the vehicle is initially placed in service. The 

extended service multiplier is reported and earned in the year following each continuous 

year of service. Additional credit cannot be earned after model year 2011. 

7. Generation and Use of ZEV Credits; Calculation of Penalties

7.1 Introduction. A manufacturer that produces and delivers for sale in 

California ZEVs or PZEVs in a given model year exceeding the manufacturer’s ZEV 

requirement set forth in section C.2 shall earn ZEV credits in accordance with this 

section C.7. 

7.2 ZEV Credit Calculations. 

(a) Credits from ZEVs. The amount of g/mi ZEV credits earned by a 

manufacturer in a given model year from ZEVs shall be expressed in units of g/mi 

NMOG, and shall be equal to the number of credits from ZEVs produced and delivered 

for sale in California that the manufacturer applies towards meeting the ZEV 

requirements for the model year subtracted from the number of ZEVs produced and 

delivered for sale in California by the manufacturer in the model year and then 

multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model 

year. 

(b) Credits from PZEVs. The amount of g/mi ZEV credits from PZEVs earned 

by a manufacturer in a given model year shall be expressed in units of g/mi NMOG, and 

shall be equal to the total number of PZEV allowances from PZEVs produced and 

delivered for sale in California that the manufacturer applies towards meeting its ZEV 

requirement for the model year subtracted from the total number of PZEV allowances 

from PZEVs produced and delivered for sale in California by the manufacturer in the 

model year and then multiplied by the NMOG fleet average requirement for PCs and 

LDT1s for that model year. 

(c) Separate Credit Accounts. The number of credits from a manufacturer’s 

[i] ZEVs and [ii] advanced technology PZEVs, and [iii] all other PZEVs shall each be 

maintained separately. 

7.3 ZEV Credits for MDVs and LDTs Other Than LDT1s. ZEVs and PZEVs 

classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV 

requirement for PCs, and LDT1s, and LDT2s as applicable, and included in the 

calculation of ZEV credits as specified in this section C.4 if the manufacturer so 

designates. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-18

7.4 ZEV Credits for Advanced Technology Demonstration Programs. A 

vehicle, other than a NEV, that is placed in a California advanced technology 

demonstration program may earn ZEV credits even if it is not “delivered for sale.” or 

registered with the California Department of Motor Vehicles (DMV). To earn such 

credits, the manufacturer must demonstrate to the reasonable satisfaction of the 

Executive Officer that the vehicles will be regularly used in applications appropriate to 

evaluate issues related to safety, infrastructure, fuel specifications or public education, 

and that for more than 50 percent of the first year of placement the vehicle will be 

situated in California. Such a vehicle is eligible to receive the same allowances and 

credits that it would have earned if placed in service. To determine vehicle credit, the 

model-year designation for a demonstration vehicle shall be consistent with the modelyear designation for conventional vehicles placed in the same timeframe. 

7.5 ZEV Credits for Transportation Systems. 

(a) General. In model years 2001 through 20112008, a ZEV, advanced 

technology PZEV or PZEV placed as part of a transportation system may earn 

additional ZEV credits, which may used in the same manner as other credits earned by 

vehicles of that category, except as provided in section C.7.5(c) below. A NEV is not 

eligible to earn credit for transportation systems. To earn such credits, the 

manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer 

that the vehicle will be used as a part of a project that uses an innovative transportation 

system as described in section C.7.5(b) below. 

(b) Credits Earned. In order to earn additional credit under this 

section (g)(5)C.7.5, a project must at a minimum demonstrate [i] shared use of ZEVs, 

AT PZEVs or PZEVs, and [ii] the application of “intelligent” new technologies such as 

reservation management, card systems, depot management, location management, 

charge billing and real-time wireless information systems. If, in addition to factors [i] 

and [ii] above, a project also features linkage to transit, the project may receive further 

additional credit. For ZEVs only, not including NEVs, a project that features linkage to 

transit, such as dedicated parking and charging facilities at transit stations, but does not 

demonstrate shared use or the application of intelligent new technologies, may also 

receive additional credit for linkage to transit. The maximum credit awarded per vehicle 

shall be determined by the Executive Officer, based upon an application submitted by 

the manufacturer and, if appropriate, the project manager. The maximum credit 

awarded shall not exceed the following: 

Type of Vehicle Shared Use, Intelligence Linkage to Transit 

PZEV 2 1 

Advanced Technology 

PZEV 

4 2 

ZEV 6 3 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-19

(c) Cap on Use of Credits. 

(1) ZEVs. Credits earned or allocated by ZEVs pursuant to this section C.7.5, 

not including all credits earned by the vehicle itself, may be used to satisfy up to onetenth of a manufacturer’s ZEV obligation in any given model year. 

(2) AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to this 

section C.7.5, not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-twentieth of a manufacturer’s ZEV obligation in any given model year, 

but may only be used in the same manner as other credits earned by vehicles of that 

category. 

(3) PZEVs. Credits earned or allocated by PZEVs pursuant to this section 

C.7.5, not including all credits earned by the vehicle itself, may be used to satisfy up to 

one-fiftieth of the manufacturer’s ZEV obligation in any given model year, but may only 

be used in the same manner as other credits earned by vehicles of that category. 

(d) Allocation of Credits. Credits shall be assigned by the Executive Officer to 

the project manager or, in the absence of a separate project manager, to the vehicle 

manufacturers upon demonstration that a vehicle has been placed in a project. Credits 

shall be allocated to vehicle manufacturers by the Executive Officer in accordance with 

a recommendation submitted in writing by the project manager and signed by all 

manufacturers participating in the project, and need not be allocated in direct proportion 

to the number of vehicles placed. 

7.6 SubmittalUse of ZEV Credits. A manufacturer may meet the ZEV 

requirements in any given model year by submitting to the Executive Officer a 

commensurate amount of g/mi ZEV credits, consistent with section C.2. These credits 

may be earned previously by the manufacturer or acquired from another party, except 

that beginning with the 2006 model year credits earned from NEVs offered for sale or 

placed in service in model years 2001 through 2005 cannot be used to satisfy more 

than the following portion of a manufacturer’s percentage ZEV obligation that may only 

be satisfied with credits from ZEVs and, starting with the 2009 model year, the 

manufacturer’s percentage ZEV obligation that may be satisfied by credits from AT 

PZEVs but not PZEVs:

ZEV Category AT PZEV Category

2006 2007-2008 2009 2010 and 

beyond

75% 50% 75% 50%

This limitation applies to credits earned in model years 2001 through 2005 by the same 

manufacturer or earned in model years 2001 through 2005 by another manufacturer 

and acquired. The amount of g/mi ZEV credits required to be submitted shall be 

calculated according to the criteria set forth in this section C.7. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-20

(a) Carry forward provisions for LVMs. ZEV credits generated from excess 

production in model years 2005 through 2008, including those acquired from another 

party, may be carried forward and applied to the manufacturer’s percentage ZEV 

obligation that may only be satisfied by credits from ZEVs in section C.2.2(b)(1)(A). 

Beginning with the 2012 model year, those earned ZEV credits may no longer be used 

to satisfy the manufacturer’s percentage ZEV obligation that may only be satisfied by 

credits from ZEVs, but may be used to satisfy the manufacturer’s percentage ZEV 

obligation that may be satisfied by credits from Enhanced AT PZEVs, AT PZEVs, or 

PZEVs. For example, ZEV credit earned in 2008 would retain full flexibility through 

2011, at which time that credit could only be used as Enhanced AT PZEV, AT PZEV, or 

PZEV credits.

 (b) Carry forward provisions for manufacturers other than LVMs. ZEV credits 

generated from 2008 model year production by manufacturers that are not LVMs may 

be carried forward by the manufacturer producing the ZEV credit until the manufacturer 

becomes subject to the LVM requirements, after the transition period permitted in 

section C.2.7(a). When subject to the LVM requirements, a manufacturer must comply 

with the provisions of section C.7.6(a). 

ZEV credits generated from 2008 model year production traded by a manufacturer 

other than a LVM to any other manufacturer, including a LVM, are subject to 

section C.7.6(a), applicable beginning 2008 model year (e.g., a 2008 model year ZEV 

credit traded in calendar year 2010 can only be applied towards the portion of the 

manufacturer’s requirement that must be met with ZEVs through model year 2011; 

beginning in model year 2012, the credit can only be applied to the portion of the 

manufacturer’s requirement that may be met with Enhanced AT PZEVs, AT PZEVs, or 

PZEVs). 

7.7 Requirement to Make Up a ZEV Deficit. 

(a) General. A manufacturer that produces and delivers for sale in California 

fewer ZEVs than required in a given model year shall make up the deficit by the end of 

the nextthird model year by submitting to the Executive Officer a commensurate 

amount of g/mi ZEV credits, except that credits generated from PZEVs may be used to 

offset deficits for two model years. The amount of ZEV credits required to be submitted 

shall be calculated by [i] adding the number of ZEVs produced and delivered for sale in 

California by the manufacturer for the model year to the number of ZEV allowances 

from partial ZEV allowance vehicles produced and delivered for sale in California by the 

manufacturer for the model year (for a large volume manufacturer, not to exceed that 

permitted under section C.2.21), [ii] subtracting that total from the number of ZEVs 

required to be produced and delivered for sale in California by the manufacturer for the 

model year, and [iii] multiplying the resulting value by the fleet average requirements for 

PCs and LDT1s for the model year in which the deficit is incurred. 

7.8 Penalty for Failure to Meet ZEV Requirements. Any manufacturer that 

fails to produce and deliver for sale in California the required number of ZEVs orand
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 C-21

submit an appropriate amount of g/mi ZEV credits and does not make up ZEV deficits 

within the specified time period shall be subject to the Health and Safety Code section 

43211 civil penalty 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 ZEV deficits are not balanced by 

the end of the specified time period. For the purposes of Health and Safety Code 

section 43211, the number of vehicles not meeting the state board's standards shall be 

calculated according to the following equation, provided that the percentage of a large 

volume manufacturer’s ZEV requirement for a given model year that may be satisfied 

with partial ZEV allowance vehicles or ZEV credits from such vehicles may not exceed 

the percentages permitted under section C.2.21: 

(No. of ZEVs required to be produced and delivered for sale in California for the 

model year) - (No. of ZEVs produced and delivered for sale in California for the 

model year) - (No. of ZEV allowances from partial ZEV allowance vehicles 

produced and delivered for sale in California for the model year) - [(Amount of 

ZEV credits submitted for the model 

year) / (the fleet average requirement for PCs and LDT1s for the model-year)]. 

8. Severability. Each provision of these standards and test procedures is 

severable, and in the event that any provision of these standards and test procedures is 

held to be invalid, the remainder of the standards and test procedures remains in full 

force and effect. 
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 D-1

D. Certification Requirements [NO CHANGE]
Final Regulation Order – Part 3 

Hearing Date: 03/27/08 

Adopted: 12/17/08 E-1

E. Test Procedures [NO CHANGE]