ATTACHEMENT A 

For your convenience we have reproduced the regulation as it currently appears on our 

website at http ://www.ct. og v/dep/lib/dep/air/regulations/mainregs/sec36b pdf. 
Effective: August 10, 2009 Page 36b-1 

NOTE 

This document contains the Connecticut regulations for abatement of air pollution with 

the revisions to the regulations that became effective August 11, 2009. This document 

was prepared by the State of Connecticut Department of Environmental Protection and 

is provided for the convenience of the reader. This is not the official version of the 

regulations . . The official regulations are published by the State of Connecticut, Judicial 

Branch, Commission on Official Legal Publications in the Connecticut Law Journal. 

Official legal publications may be obtained from the Commission on Official Legal 

Publications, lll Phoenix Ave Enfield, CT 06082 (telephone: (860) 741-3027, or 

www.jud.state .ct .us/colp/ColpDefau lt .htm). In the event there is inconsistency between this 

document and the regulations published in the Connecticut Law Journal, the 

Connecticut Law Journal publication will serve as the official version. 
Effective: August 10, 2009 Page 36b-2 

Section 22a-174-36b. Low Emission Vehicles 11 Program. 

(a) Definitions and abbreviations. Provided that any term related to the administration 

of the Low Emission Vehicles 11 program not defined in this subsection shall be as defined or 

described in Title 13 of the California Code of Regulations, for the purposes of this section: 

(1) "Advanced technology vehicle" means any PZEV, AT PZEV or ZEV. 

(2) "Air contaminant emission control system" means the equipment designed for 

installation on a motor vehicle or motor vehicle engine for the purpose of reducing the air 

contaminants emitted from the motor vehicle or motor vehicle engine, or system or engine 

modification on a motor vehicle or motor vehicle engine which causes a reduction of air 

contaminants emitted from the motor vehicle or motor vehicle engine, including but not 

limited to exhaust control systems, fuel evaporation control systems, and crankcase 

ventilating systems. 

(3) "Alternative fuel" means any fuel that is commonly or commercially known or sold 

as one of the following: M-100 fuel methanol, M-85 fuel methanol, E-100 fuel ethanol, E-85 

fuel ethanol, compressed natural gas, liquefied petroleum gas, or hydrogen. 

(4) "AT PZEV" means advanced technology partial zero emission vehicle. 

(5) "CARB" means the California Air Resources Board. 

(6) "Certified" means the finding by CARB that a motor vehicle, motor vehicle engine, 

or motor vehicle engine family, or air contaminant emission control system has satisfied the 

criteria adopted by CARB for the control of specified air contaminants from motor vehicles . 

(7) "Dual-fuel" means a motor vehicle that is engineered and designed to be capable of 

operating on a petroleum fuel and on another fuel that is stored separately on-board the 

vehicle. 

(8) "Emergency vehicle" means any publicly owned vehicle operated by a peace officer 

in performance of his or her duties, any authorized vehicle used for fighting fires or 

responding to emergency fire calls, any publicly owned authorized vehicle used by 

emergency medical technicians or paramedics, or used for towing or servicing other vehicles, 

or repairing damaged lighting or electrical equipment, or an ambulance. 

(9) "Emission control label" means the permanent stickers required by CARB and affixed 

to all passenger cars, light duty trucks and medium-duty vehicles certified for sale in 

California. 

(10) "Emissions-related part" means any automotive part that affects any regulated 

emissions from a motor vehicle or motor vehicle engine that is subject to California or 

federal emissions standards, as set forth in California Code of Regulations, Title 13, section 

1900(b)(3) . 

(11) "EPA" means the United States Environmental Protection Agency. 
Effective: August 10, 2009 Page 36b-3 

(12) "Executive Order" means an Executive Order of CA". 

(13) "Fleet average emissions" means a motor vehicle manufacturer's average vehicle 

emissions of all non-methane organic gases and all greenhouse gases from all vehicles that 

are subject to this section, sold in the State of Connecticut in any applicable model year. 

(14) "Fuel-flexible" means an alternative fuel motor vehicle that is engineered and 

designed for operation using any alternative fuel mixture or blend. 

(15) "Greenhouse gas" means any of the following gases: carbon dioxide, methane, 

nitrous oxide, and hydrofluorocarbons . 

(16) "Greenhouse gas vehicle test group" means "greenhouse gas vehicle test group" as 

defined in California Code of Regulations, Title 13, section 1961 .1 . 

(17) "Heavy-duty vehicle" means any motor vehicle having a manufacturer's gross vehicle 

weight rating greater than 6,000 pounds, except passenger cars. 

(18) "Hybrid electric vehicle" or "HEW means a motor vehicle which allows power to be 

delivered to the driver wheels solely by a battery powered electric motor but which also 

incorporates the use of a combustion engine to provide power to the battery, or any vehicle 

which allows power to be delivered to the drive wheels by either a combustion engine and/or 

by battery powered electric motor. 

(19) "Independent low volume manufacturer" means "independent low volume 

manufacturer" as defined in California Code of Regulations, Title 13, section 1900. 

(20) "Light-duty truck" or "LDT" means any 2008 and subsequent model-year motor 

vehicle certified to the standards in California Code of Regulations, Title 13, section 

1961(a)(1) having a gross vehicle weight rating of 8500 pounds or less, and any other motor 

vehicle rated at 6000 pounds or less, that is designed primarily for the purposes of 

transportation of property or is a derivative of such a vehicle, or is available with special 

features enabling off-street or off-highway operation and use. 

(21) "Loaded vehicle weight" or "LVW" means vehicle curb weight plus 300 pounds. 

(22) "Low Emission Vehicle 11 program" means the standards for motor vehicles, motor 

vehicle engines and related provisions that the State of California has adopted and is 

permitted to adopt under 42 USC 7543 and that the Commissioner is permitted to adopt 

under 42 USC 7507 as required by section 22a-174g of the Connecticut General Statutes for 

the implementation of such program in Connecticut. 

(23) "Medium-duty passenger vehicle" means "medium-duty passenger vehicle" as 

defined in California Code of Regulations, Title 13, section 1900. 

(24) "Medium-duty vehicle" means "medium-duty vehicle" as defined in 

California Code of Regulations, Title 13, section 1900. 
Effective: August 10, 2009 Page 36b-4 

(25) "Military tactical vehicles and equipment" means those vehicles defined by 

California Code of Regulations, 13, section 1905. 

(26) "Model year" means "model year" as defined in 40 CFR 85.2302 and determined in 

accordance with the provisions of 40 CFR 85.2301 through 40 CFR 85.2304, inclusive. 

(27) "Neighborhood electric vehicle" or "NEV" means a motor vehicle certified to zero 

emission vehicle standards and meets the definition of "low speed vehicle" either in 

California Code of Regulations, Title 13, section 385 .5 or in 49 CFR 571 .500. 

(28) "New vehicle" means any passenger car or light duty truck with 7,500 miles or fewer 

on its odometer. 

(29) "NMOG" means non-methane organic gas ; 

(30) "Passenger car" or "PC" means any motor vehicle designed primarily for 

transportation of persons having a design capacity of twelve persons or less . 

(31) "Offset vehicle" means a vehicle that has been certified by the State of 

California as set forth in the California Code of Regulations, Title 13, section 1960.5 . 

(32) "PZEV" means partial ZEV as defined in California Code of Regulations, 

Title 13, section 1962. 

(33) "Small volume manufacturer" means "small volume manufacturer" as defined 

in California Code of Regulations, Title 13, section 1900. 

(34) "Travel provision" means the provision of the California Code of Regulations 

that entitles a manufacturer to full credit for each Type III ZEV placed in service 

prior to model year 2012 in California or any other state that has adopted the 

California ZEV mandate. 

(35) "Vehicle" means any motor vehicle. 

(36) "VECs " means vehicle equivalent credits. 

(37) "ZEV" means a zero emission vehicle. 

(b) Applicability. 

(1) This section shall apply to a112008 and subsequent model year passenger cars and light 

duty trucks sold, leased, offered for sale or lease, imported, delivered, purchased, rented, 

acquired or received, in the State of Connecticut except that this subdivision shall not apply 

to those vehicles listed in subsection (d) of this section. 

(2) This section shall apply to a112009 and subsequent model year medium-duty vehicles 

sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired or 
Effective: August 10, 2009 Page 36b-5 

received, in the State of Connecticut except that this subdivision shall not apply to those 

vehicles listed in subsection (d) of this section. 

(3) The greenhouse gas emission standards set forth in subsection (c)(1)(H) of this section 

and related provisions in this section shall apply to a112009 and subsequent model year 

passenger cars, light-duty trucks and medium-duty passenger vehicles sold, leased, offered 

for sale or lease, imported, delivered, purchased, rented, acquired or received, in the State of 

Connecticut except that this subdivision shall not apply to those vehicles listed in subsection 

(d) of this section. 

(c) Prohibitions and compliance requirements. 

(1) Unless subject to an exemption listed in subsection (d) of this section, no person shall 

sell or register, offer for sale or lease, import, deliver, purchase, rent, lease, acquire or receive 

a new 2008 or subsequent model year passenger car or light duty truck or a 2009 or 

subsequent model year medium-duty vehicle or medium-duty passenger vehicle in the State 

of Connecticut unless such vehicle is certified to California emission standards and meets: 

(A) The exhaust emission standards set forth in the California Code of 

Regulations, Title 13, sections 1956.8(g) or (h), 1960.1, 1961(a), 1962(a) or 

1962.1(a); 

(B) Until December 31, 2008, the emission control label and smog index label or 

environmental performance label requirements set forth in the California Code 

of Regulations, Title 13, section 1965 ; 

(C) The evaporative emission standards set forth in the California Code of 

Regulations, Title 13, section 1976; 

(D) The refueling emissions standards set forth in the California Code of 

Regulations, Title 13, section 1978; 

(E) The malfunction and diagnostic system requirements set forth in the 

California Code of Regulations, Title 13, 1968.1 ; 

(F) The assembly-line testing procedure requirements set forth in the California 

Code of Regulations, Title 13, section 2062; 

(G) The specifications for fill pipes and openings of motor vehicle fuel tanks set 

forth in the California Code of Regulations, Title 13, section 2235; 

(H) 

(1) 

The greenhouse gas emission standards set forth in the California Code of 

Regulations, Title 13, section 1961 .1 ; and 

On and after January l, 2009, the emission control label and environmental 

performance label requirements, including smog and greenhouse gas index 

scores, set forth in the California Code of Regulations, Title 13, section 1965. 
Effective: August 10, 2009 Page 36b-6 

(2) ZEV mandate. 

(A) In the 2008 model year, each manufacturer's sales fleet of passenger cars and 

light duty trucks produced and delivered for sale in the State of Connecticut 

shall contain at least the same percentage of ZEVs subject to the same 

requirements, including early credit, banking, and travel provisions, set forth 

in the California Code of Regulations, Title 13, section 1962 using 

Connecticut specific vehicle numbers. 

(B) Alternative compliance mechanisms. As an alternative means of compliance 

with the requirements of subparagraph (A) of this subdivision, an automobile 

manufacturer may instead opt to comply with the provisions of subsection (m) 

of this section. 

(C) Until such time that NEVs can be legally registered in Connecticut and 

operated with restrictions no more stringent than imposed by the State of 

California, manufacturers that generate ZEV credits in California through the 

sale of NEVs shall receive Connecticut credits for those sales. Such credits 

shall be transferred annually using the ZEV credit account transfer ratio 

determined in accordance with subsection (m)(3), as applicable to the 

manufacturer. 

(D) Beginning with the 2009 model year, each manufacturer's sales fleet of 

passenger cars and light duty trucks produced and delivered for sale in the 

State of Connecticut shall contain at least the same percentage of ZEVs 

subject to the same requirements, including early credit, banking, and travel 

provisions, set forth in the California Code of Regulations, Title 13, section 

1962.1 using Connecticut specific vehicle numbers . 

(3) All vehicle manufacturers shall comply with the fleet average, warranty, recall and other 

applicable requirements set forth in subsections (e), (f), (g), (h), (i), (j), (k), and (n) of this section. 

(d) Exemptions. (1) The following vehicles shall not be subject to this section: 

(A) A vehicle transferred by inheritance; 

(B) A vehicle transferred by decree of divorce, dissolution or legal separation 

entered by a court of competent jurisdiction ; 

(C) A vehicle purchased by a nonresident prior to establishing residency in the 

State of Connecticut; 

(D) A vehicle sold for the purpose of being wrecked or dismantled ; 

(E) A vehicle sold directly from one dealer to another dealer ; 

(F) A vehicle sold for registration out of state; 
Effective: August 10, 2009 Page 36b-7 

(G) 

(H) 

A vehicle sold designed exclusively for off-highway use; 

A vehicle that has been certified to standards promulgated pursuant to the 

authority contained in 42 U.S .C. 7521 and which is in the possession of a 

rental agency in Connecticut and is next rented with a final destination outside 

of Connecticut; 

(1) An emergency vehicle ; 

(J) A military tactical vehicle; 

(K) A vehicle exempted by California Health and Safety Code, section 43656; or 

(L) A vehicle acquired by a resident of this state for the purpose of replacing a 

vehicle registered to such resident that was damaged or became inoperative 

beyond reasonable repair or was stolen while out of this state, provided that 

such replacement vehicle is acquired out of state at the time the previously 

owned vehicle was either damaged or became inoperative or was stolen . 

(2) Light-duty trucks from 3,751 pounds LVW to 8,500 pounds GVW that are certified to the 

Option 1 LEV 11 standard for oxides of nitrogen set forth in the California Code of 

Regulations, Title 13, section 1961(a)(1) are exempt from the greenhouse gas emission 

standards set forth in subsection (c)(1)(H) of this section. Passenger cars, Light-duty trucks 

0-3750 pounds LVW, and medium-duty passenger vehicles are not eligible for this 

exemption. 

(e) Emission standards, warranty, recall and miscellaneous provisions. Each 

manufacturer and each new 2008 and subsequent model year passenger car and light-duty 

truck that is subject to this section shall comply with each applicable standard set forth in 

Table 36b-1 and incorporated by reference herein : 

Table 36b-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference 

Section 

Title 13 CCR Title Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions 1 04/17/09 
Effective: August 10, 2009 Page 36b-8 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New Vehicles) 

Section 1956.8(g) and Exhaust Emission Standards and Test 10/11/07 

(h) Procedures - 1985 and Subsequent Model 

Heavy Duty Engines and Vehicles 

Section 1960.1 Exhaust Emission Standards and Test 03/26/04 

Procedures - 1981 and through 2006 Model 

Passenger Cars, Light-Duty and MediumDuty Vehicles 

Section 1961 Exhaust Emission Standards and Test 06/16/08 

Procedures - 2004 and Subsequent Model 

Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1961 .1 Greenhouse Gas Exhaust Emission O1/O1/06 

Standards and Test Procedures - 2009 and 

Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles. 

Section 1962 Zero Emission Vehicle Standards for 2005 04/17/09 

through 2008 Model Year Passenger Cars, 

Light-Duty Trucks and Medium-Duty 

Vehicles 

Section 1962.1 Zero Emission Vehicle Standards for 2009 04/17/09 

and Subsequent Model Year Passenger Cars, 

Light-Duty Trucks, and Medium-Duty 

Vehicles 

Section 1965 Emission Control, Smog Index, and 06/16/08 

Environmental Performance Labels - 1979 

and Subsequent Model Year Vehicles 

Section 1968.1 Malfunction and Diagnostic System 11/27/99 

Requirements - 1994 and Subsequent Model 

Year Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968.2 Malfunction and Diagnostic System 11/09/07 

Requirements - 2004 and Subsequent Model 

Year Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968.5 Enforcement of Malfunction and Diagnostic 11/09/07 

System Requirements for 2004 and 

Subsequent Model Year Passenger Cars, 

Light-Duty Trucks, and Medium-Duty 

Vehicles and Engines 

Section 1976 Standards and Test Procedures for Motor O1/04/08 

Vehicle Fuel Evaporative Emissions 

Section 1978 Standards and Test Procedures for Vehicle O1/04/08 

Refueling Emissions 

Article 6 Emission Control System Warranty 

Section 2035 Pu ose, Applicability and Definitions 11/09/07 
Effective: August 10, 2009 Page 36b-9 

Section 2036 Defects Warranty Requirements for 1979 5/15/99 

through 1989 Model Year Passenger Cars, 

Light-Duty Trucks and Medium-Duty 

Vehicles ; 1979 and Subsequent Model Year 

Motorcycles and Heavy-Duty Vehicles; and 

Motor Vehicle Engines Used in Such 

Vehicles . 

Section 2037 Defects Warranty Requirements for 1990 11/09/07 

and Subsequent Model Year Passenger Cars, 

Light-Duty Trucks and Medium-Duty 

Vehicles and Motor Vehicle Engines Used in ! 

Such Vehicles ' 

Section 2038 Performance Warranty Requirements for 11/09/07 

1990 and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and Medium-Duty 

Vehicles and Motor Vehicle Engines Used in 

Such Vehicles 

Section 2039 Emission Control System Warranty 12/26/90 ! 

Statement. 

Section 2040 Vehicle Owner Obligations 12/26/90 

Section 2046 Defective Catalyst 1/16/79 

Chapter 2 Enforcement of Vehicle Emission Standards 

and Enforcement Testing. 

Article 1 Assembly Line Testing. 

Section 2062 Assembly-line Test Procedures 1998 and 11/27/99 

Subsequent Model-years. 

Article 2 Enforcement of New and In-use Vehicle Standards 

Section 2101 Compliance Testing and Inspection - New 11/27/99 

Vehicle Selection, Evaluation and 

Enforcement Action . 

Section 2109 New Vehicle Recall Provisions . 12/30/83 

Section 2110 Remedial Action for Assembly-Line Quality 11/27/99 

Audit Testing of Less than a Full Calendar 

Quarter of Production Prior to the 2001 

Model-Year. 

Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls. 

Section 2111 Applicability. O1/04/08 

Section 2112 Definitions. 11/15/03 

Appendix A to Article 2.1 . 11/15/03 

Section 2113 Initiation and Approval of Voluntary and 1/26/95 

Influenced Recalls. ' 

Section 2114 Voluntary and Influenced Recall Plans. 11/27/99 ' 

Section 2115 Eligibility for Repair. 1/26/95 ' 

Section 2116 Repair Label. 1/26/95 

Section 2117 Proof of Correction Certificate. 1/26/95 

Section 2118 Notification . 1/26/95 
Effective: August 10, 2009 Page 36b-10 

Section 2119 Record keeping and Reporting 

Requirements. 

11/27/99 

Section 2120 Other Requirements Not Waived. 1/26/95 

Article 2.2 Procedures for In-Use Vehicle Ordered Recalls. 

Section 2122 General Provisions . O1/4/08 

Section 2123 Initiation and Notification of Ordered 

Emission-Related Recalls. 

_ 

1/26/95 

Section 2124 Availability of Public Hearing. 1/26/95 

Section 2125 Ordered Recall Plan. 1/26/95 

Section 2126 Approval and Implementation of Recall 

Plan. 

1/26/95 

Section 2127 Notification of Owners. 1/26/95 

Section 2128 Re air Label. 1/26/95 

Section 2129 Proof of Correction Certificate. 1/26/95 

Section 2130 Capture Rates and Alternative Measures. 11/27/99 

Section 2131 Preliminary Tests . 1/26/95 

Section 2132 Communication with Repair Personnel. 1/26/95 

Section 2133 Record keeping and Reporting 

Re uirements. 

_ 

1/26/95 

Section 2135 Extension of Time. 1/26/95 

Article 2.3 In-Use Vehicle Enforcement Test Procedures. 

Section 2136 General Provisions . Ol/04/08 

Section 2137 Vehicle Selection . 12/28/00 

Section 2138 Restorative Maintenance. 11/27/99 

Section 2139 Testing. 8/21/02 

Section 2140 Notification of In-Use Results. 8/21/02 

Article 2.4 Procedures for Reporting Failure of Emission-Related Components. 

Section 2141 General Provisions . Ol/04/08 

Section 2142 Alternative Procedures. 2/23/90 

Section 2143 Failure Levels Triggerin g Recall . 11/27/99 

Section 2144 Emission Warrant Information Report. 11/27/99 

Section 2145 Field Information Report. 11/27/99 

Section 2146 Emissions Information Report. 11/27/99 

Section 2147 Demonstration of Compliance with 

Emission Standards. 

8/21/02 

Section 2148 Evaluation of Need for Recall . 11/27/99 

Section 2149 Notification of Subsequent Action . 2/23/90 

Article 5 Procedures for Reporting Failures of Emission-Related Equipment and 

Required Corrective Action 

Section 2166 General Provisions O1/04/08 

Section 2166.1 Definitions. O1/04/08 

Section 2167 Emission Warranty Information Report. O1/04/08 

Section 2168 Supplemental Emissions Warranty 

Information Report. 

01/04/08 
Effective: August 10, 2009 Page 36b-11 

Section 2169 Recall and Corrective Action for Failures of 

Exhaust After-Treatment Devices. 

O1/04/08 

Section 2170 Recall and Corrective Action for Other 

Emission-Related Component Failures (OnBoard Diagnostic-Equipped Vehicles and 

Engines). 

O1/04/08 

Section 2171 Recall and Corrective Action for Vehicles 

without On-Board Diagnostic Systems, 

Vehicles with Non-Compliant On-Board 

Diagnostic Systems, or Vehicles with OnBoard Computer Malfunction. 

O1/04/08 

Section 2172 Notification of Required Recall or 

Corrective Action by the Executive Officer. 

O1/04/08 

Section 2172.1 Ordered or Voluntary Corrective Action 

Plan. 

Ol/04/08 

Section 2172.2 Approval and Implementation of Corrective 

Action Plan. 

O1/04/08 

Section 2172.3 Notification of Owners. Ol/04/08 

Section 2172.4 Repair Label. O1/04/08 

Section 2172.5 Proof of Correction Certificate. O1/04/08 

Section 2172.6 Preliminary Tests. O1/04/08 

Section 2172.7 Communication with Repair Personnel. O1/04/08 

Section 2172.8 Recordkee in and Reporting. O1/04/08 

Section 2172.9 Extension of Time. O1/04/08 

Section 2173 Penalties. O1/04/08 

Section 2174 Availability of Public Hearing. O1/04/08 ' 

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks. I 

Section 2235 Requirements. 9/17/91 

(f) Fleet average requirements, reporting and projections, and delivery reporting 

requirements. 

(1) Effective for 2008 and subsequent model years, the fleet average NMOG gas emission 

values from passenger cars and light-duty trucks vehicles produced and delivered for sale in 

the State of Connecticut by a manufacturer for each model year shall not exceed the fleet 

average numbers set forth in California Code of Regulations, Title 13, sections 1960.1(g)(2) 

and 1961(b)(1), except as provided in section 1960.1(g)(2) and 1961(b)(1) . Effective for 

2008 and subsequent model years, manufacturers may earn and bank NMOG credits in 

accordance with California Code of Regulations, Title 13, section 1961, except NMOG 

credits earned prior to model year 2011 shall be treated as though they were earned in model 

year 2011 and no debits shall be carried forward after model year 2011 . 

(2) Effective for 2009 and subsequent model years, each manufacturer shall comply with the 

medium-duty vehicle phase-in requirements and, for 2004 and subsequent model years, may 

earn and bank VECs, both in accordance with California Code of Regulations, Title 13, 

section 1961, except VECs earned prior to model year 2012 shall be treated as though they 

were earned in model year 2012. 
Effective: August 10, 2009 Page 36b-12 

(3) A manufacturer that certifies vehicles equipped with direct ozone reduction technologies 

is eligible to receive NMOG credits for use in fleet average compliance determinations. A 

manufacturer shall submit to the commissioner a CARB Executive Order, obtained in 

accordance with California Code of Regulations Title 13, section 1960.1(g)(1), which shall 

determine the value of such credits for vehicles delivered for sale in the State of Connecticut, 

when the manufacturer submits its annual NMOG fleet average report . 

(4) Credits and debits may be accrued and utilized based upon each manufacturer's sales of 

vehicles subject to this part in the State of Connecticut, pursuant to the provisions set forth in 

the California Code of Regulations Title 13, sections 1960.1(g)(2) and 1961(c). 

(5) Commencing with the 2008 model year, each manufacturer shall report to the 

commissioner, using the same format used to report such information to CARB, the average 

emissions of its fleet delivered for sale in the State of Connecticut. The report shall be 

submitted to the commissioner, or the commissioner's designee, no later than March I 't of the 

calendar year succeeding the end of the model year. Commencing with the 2009 model year, 

such report shall include medium-duty vehicles. 

(6) Delivery reporting requirements . For the purposes of determining compliance with the 

requirements of this section, commencing with the 2008 model year, each manufacturer shall 

submit annually, to the conunissioner, by March ls` of the calendar year succeeding the end 

of the model year, a report documenting total deliveries for sale of vehicles in each engine 

family over that model year in the State of Connecticut. Commencing with the 2009 model 

year, such report shall include medium-duty vehicles . 

(7) The fleet average greenhouse gas exhaust emission levels for passenger cars, light-duty 

trucks, and medium-duty passenger vehicles that are produced and delivered for sale in the 

State of Connecticut by a large volume manufacturer for each 2009 and subsequent model 

year are established as, and shall be determined in accordance with, the provisions set forth 

in California Code of Regulations, Title 13, sections 1961 .1 . 

(8) The fleet average greenhouse gas exhaust emission levels for passenger cars, light-duty 

trucks, and medium-duty passenger vehicles that are produced and delivered for sale in the 

State of Connecticut by a small volume manufacturer or an independent low volume 

manufacturer for each 2016 and subsequent model year are established as, and shall be 

determined in accordance with, the provisions set forth in California Code of Regulations, 

Title 13, sections 1961 .1 . 

(9) Greenhouse gas credits and debits may be accrued and used based on each manufacturer's 

sale of vehicles subject to the greenhouse gas provisions of this section in the State of 

Connecticut in accordance with the provisions set forth in California Code of Regulations, 

Title 13, section 1961 .1 . 

(g) Fleet Average Emissions Reporting Requirements. 

(1) For the purposes of determining compliance with the requirements of subsections 

(c)(3) and (e) of this section, commencing with the 2008 model year, each 
Effective: August 10, 2009 Page 36b-13 

manufacturer shall submit annually to the Department, by March Is' of the calendar 

year succeeding the end of the model year, a report which demonstrates that such 

manufacturer has met the fleet average emissions requirements for its fleet delivered 

for sale in Connecticut. Commencing with the 2009 model year, such report shall 

include medium-duty vehicles . 

(2) Prior to the commencement of each model year, commencing with the 2008 model year, 

each manufacturer shall submit, to the Department, a projection of the fleet average emissions 

for vehicles to be delivered for sale in Connecticut during such model year. Commencing with 

the 2009 model year, such report shall include medium-duty vehicles . 

(3) Commencing with the 2009 model year, each manufacturer shall report the average 

greenhouse gas emissions of its fleet delivered for sale in the State of Connecticut, using the 

same format used to report such information to CARB . Such report shall be filed with the 

commissioner by March Is' of the calendar year succeeding the end of the model year and 

shall include the number of greenhouse gas vehicle test groups certified pursuant to 

subsection (m)(5) of this section, delineated by model type, delivered for sale into the State 

of Connecticut. 

(h) Fleet average enforcement. 

If, commencing with the 2011 model year and for each subsequent model year thereafter, the 

report issued by a manufacturer pursuant to subsection (g) of this section demonstrates 

noncompliance with the fleet average emission standards incorporated by reference into this 

section and set forth in Table 36b-1 of this section, during a model year, the manufacturer 

must within sixty (60) days file a Fleet Average Enforcement Report with the commissioner 

documenting such noncompliance. The Fleet Average Enforcement Reports must identify all 

vehicle models delivered for sale into the State of Connecticut and their corresponding 

certification standards and the percentage of each model delivered for sale into the State of 

Connecticut and California in relation to total fleet sales in the respective state. Enforcement 

of the medium-duty vehicle phase-in requirements shall begin in the 2012 model year. 

(i) Reporting and offset vehicle reporting. 

(1) The manufacturer shall submit one copy of the California Executive Order and Certificate 

of Conformity relating to certification of new motor vehicles for each engine family to be 

sold in the State of Connecticut to the commissioner within thirty (30) days of receiving the 

Executive Order from CARB . To the extent such reports are available electronically, the 

manufacturer shall submit such records in an electronic format acceptable to the 

commissioner. 

(2) For the purposes of determining compliance with this section, the commissioner may 

require any vehicle manufacturer subject to this section to submit any documentation the 

commissioner deems necessary to the effective administration and enforcement of this 

section including all certification materials submitted to CARB . 
Effective: August 10, 2009 Page 36b-14 

(3) Offset vehicle reporting. Commencing with the 2008 model year, by March Is' of the 

calendar year succeeding the end of the model year, each manufacturer shall report to the 

commissioner the number of offset vehicles, categorized by model type, delivered for sale 

into the State of Connecticut during such model year. The report shall also include the total 

number of the manufacturer's fleet delivered for sale into the State of Connecticut. 

(j) Warranty requirements. 

(1) For a112008 and subsequent model year vehicles subject to the provisions of this section 

and for all 2009 and subsequent model year medium-duty vehicles subject to the provisions 

of this section, each manufacturer shall provide a warranty to the ultimate purchaser and each 

subsequent purchaser that complies with the requirements set forth in California Code of 

Regulations, Title 13, sections 2035 through 2038, 2040 and 2046. 

(2) For all 2008 and subsequent model year vehicles subject to the provisions of this section 

and for all 2009 and subsequent model year medium-duty vehicles subject to the provisions 

of this section, each manufacturer shall include the emission control system warranty 

statement that complies with the requirements set forth in California Code of Regulations, 

Title 13, sections 2039 modified as may be necessary to inform Connecticut vehicle owners 

of the applicability of the California warranty. The manufacturer shall also provide a 

telephone number on such statement appropriate for the State of Connecticut. 

(k) Recalls. 

(1) For all 2008 and subsequent model year vehicles subject to the provisions of this 

section and for all 2009 and subsequent model year medium-duty vehicles subject to the 

provisions of this section, each manufacturer shall undertake an action equivalent to that 

required by any order or enforcement action taken by CARB, or any voluntary or influenced 

emission related recall initiated by any manufacturer pursuant to or required by California 

Code of Regulations, Title 13, sections 2101 through 2120, 2122 through 2133, 2135 through 

2149, and 2166 through 2174, unless within thirty (30) days of CARB approval of such 

recall, the manufacturer demonstrates to the commissioner that such recall is not applicable 

to vehicles registered in the State of Connecticut. 

(2) For vehicles subject to an action pursuant to subdivision (1) of this subsection, each 

manufacturer shall send to owners of vehicles registered in the State of Connecticut a notice 

that complies with the requirements set forth in California Code of Regulations, Title 13, 

sections 2118, 2127, or 2172.3, provided that such notice shall contain a telephone number 

appropriate for use in the State of Connecticut. 

(Z) Incorporation by reference. Availability and interpretation of referenced 

material. 

(1) In accordance with the provisions of section 22a-174g of the Connecticut General 

Statutes, this section incorporates by reference certain sections of Title 13, California Code of 

Regulations relating to the implementation and the administration of the Low Emission 

Vehicle 11 program and subsequent greenhouse gas requirements in the State of Connecticut. 
Effective: August 10, 2009 Page 36b-15 

Table 36b-1 lists the sections of Title 13, California Code of Regulations incorporated by 

reference and the respective amended date for each section. 

(2) Copies of the relevant sections of Title 13, California Code of Regulations incorporated 

by reference in this section are available by contacting : 

Connecticut Department of Environmental Protection 

Bureau of Air Management 

Planning & Standards Division 

79 Elm Street 

Hartford, Connecticut 06106 

(860) 424-3027 

(3) For purposes of applying the incorporated sections of the California Code of Regulations, 

unless clearly inappropriate, "California" shall mean "Connecticut." 

(m) Alternative compliance mechanisms. 

(1) A manufacturer may, as an alternative means of compliance with the requirements of 

subsection (c)(2) of this section, proceed in accordance with the provisions of subdivision (2) 

or (3) of this subsection . 

(2) A manufacturer may earn Connecticut ZEV credits for the introduction into Connecticut 

of PZEVs, AT PZEVs and ZEVs provided that : 

(A) The vehicle credit values for this alternative compliance path shall be the 

same as in the California Code of Regulations, Title 13, section 1962. 

(B) After the credit value for a vehicle is established by CARB pursuant to 

California Code of Regulations, Title 13, section 1962, a Connecticut 

multiplier will be applied to such credit value for that vehicle in accordance 

with Table 36b-2. The Connecticut multiplier shall apply to PZEVs, AT 

PZEVs and ZEVs produced for sale in Connecticut prior to the 2004 model 

year. Such multiplier shall not be applied to type III ZEVs. 

Model Requirement PZEV Credit AT PZEV ZEV Credit 

Year Multiplier Credit Multiplier 

Multiplier 

2004 Voluntary Early 1 .5 2.25 3 

Introduction 

2005 Voluntary Early 1 .5 2.25 3 

Introduction 

2006 Voluntary Early 1 .3 1 .7 2 

Introduction _ 

2007 Voluntary Early 1 .15 1 .3 1.5 

Table 36b-2 

Connecticut Multiplier 
Effective: August 10, 2009 Page 36b-16 

Introduction 

2008 Mandatory Compliance 1 .15 1 .3 1 .5 

2009 Equivalency with 

California Program 

1 1 1 

(C) Connecticut ZEV credit use, life, banking and trading will be calculated as per 

California Code of Regulations, Title 13, section 1962. 

(D) Each manufacturer operating under this alternative compliance path shall 

submit a compliance report to the commissioner along with annual sales 

reports no later than May ls` following the completed model year. The 

compliance report shall include vehicle sales organized by engine family and 

identify the number and type of Connecticut credits earned . Such report may 

be amended based on late sales. 

(E) Each manufacturer operating under this alternative compliance path shall 

make available for purchase or lease in Connecticut any advanced technology 

vehicle models, including all ZEVs except type III ZEVs, sold or leased in 

California. 

(F) The commissioner shall calculate the amount of credits earned based on the 

report received pursuant to subparagraph (D) of this subdivision. The 

commissioner shall establish ZEV compliance accounts for each manufacturer 

and allocate the credits earned to such compliance account, including separate 

accounts for PZEV, AT PZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type 11 

ZEVs, Type III ZEVs, transportation system and extended service. For each 

account, in the event that the number of credits earned under this subdivision 

is less than the number of credits that would have been awarded to a 

manufacturer under subdivision (3) of this subsection, the commissioner shall 

calculate the difference and apply a number of credits equal to such difference 

to such manufacturer's compliance account. 

(3) The commissioner shall set aside a number of Connecticut ZEV credits proportionally 

equivalent to the number of ZEV credits possessed by the requesting manufacturer for use in 

the State of California at the beginning of the 2008 model year. This transfer shall be 

performed only after all credit obligations for the 2007 and earlier model years have been 

satisfied in California. The commissioner shall multiply the manufacturer's California credit 

balances by the ratio of the average number of PCs and LDT 1 s produced and delivered for 

sale in Connecticut to the combined average number of PCs and LDTls produced and 

delivered for sale in California in model years 2000 through 2002 or, alternatively, by the 

ratio of PCs and LDTls produced and delivered for sale in Connecticut to the combined 

number of PCs and LDT 1 s produced and delivered for sale in California in model year 2008. 

In either case, the commissioner shall determine the model year 2008 ZEV sales 

requirements in Connecticut using the same time period that determined the credit transfer 

ratio. The commissioner shall notify such manufacturer of the number of ZEV credits, 

allocated in accordance with subdivision (2)(F) of this subsection, available for use by July 

31, 2008 and annually thereafter until such credits are fully consumed. Credits issued 

pursuant to this subdivision may only be used in Connecticut for compliance with the ZEV 

provisions of subsection (c)(2) of this section subject to the same requirements and 
Effective: August 10, 2009 Page 36b-17 

limitations on credit use set forth in the California Code of Regulations, Title 13, section 

1962 adjusted for Connecticut specific vehicle numbers . Furthermore, each manufacturer 

operating under this alternative compliance path shall: 

(A) By May 1, 2008, provide the commissioner with either : 

(i) 

(B) (i) 

the total number of PC and LDT 1 vehicles produced and delivered for 

sale in Connecticut and California for 2000 through 2002 model years, 

or 

(ii) the total projected number of PC and LDT1 vehicles to be produced 

and delivered for sale in Connecticut and California in model year 

2008 . 

By March 1, 2009, any manufacturer that provides the projected 

number of vehicles specified in subparagraph (A)(ii) of this 

subdivision shall provide the commissioner with the actual number of 

PC and LDT1 vehicles produced and delivered for sale in Connecticut 

and California in model year 2008. 

(ii) The commissioner shall, by June 30 2009, recalculate and adjust, 

either upward or downward, the number of ZEV credits granted based 

on actual model year 2008 production and delivery data submitted 

under subparagraph (B)(i) of this subdivision. 

(C) By May 1, 2008, provide the commissioner with the total number of banked 

California ZEV credits after all 2007 model year and earlier obligations have 

been satisfied in California; and 

(D) Until such time as full compliance is achieved with the requirements of 

subsection (c)(2) of this section, make available for purchase or lease in 

Connecticut any advanced technology vehicle models, including all ZEVs 

except type III ZEVs, that are sold, leased or offered for sale in California. 

(4) Any manufacturer who fails to meet the requirements of its respective alternative 

compliance path shall be subject to full compliance with the ZEV mandate provisions set 

forth in subsection (c)(2) of this section. 

(5) Optional alternative compliance with greenhouse gas emission standards . 

(A) Greenhouse gas vehicle test groups that are certified pursuant to California 

Code of Regulations, Title 13, section 1961 .1(e)(2)(a) in the State of 

California may receive equivalent credit if delivered for sale and use in the 

State of Connecticut; and 

(B) A manufacturer shall submit to the commissioner the data set forth in 

California Code of Regulations, Title 13, section 1961 .1(e)(2)(a)(i) for 

Connecticut specific sale and use in order to receive the credit identified in 

subparagraph (A) of this subdivision. 
Effective: August 10, 2009 Page 36b-18 

(n) Greenhouse gas emission standards and related requirements. 

Each manufacturer subject to the greenhouse gas provisions of this section shall demonstrate 

compliance with such provisions as required by, and in accordance with, Code of California 

Regulations, Title 13, section 1961 .1 . 

(o) Severability. 

Each provision of this section is deemed severable, and in the event that any provision of this 

section is held to be invalid, the remainder of this section shall continue in full force and 

effect . 

Statement of purpose: This amendment consists of revisions of the air quality regulations 

concerning motor vehicles . Specifically, the amendment revises section 22a-174-36b of the 

Regulations of Connecticut State Agencies (R.C.S .A.) in three respects : 

" First, section 22a-174-36b is updated in accordance with Public Act 06-161 to require 

manufacturers to place environmental performance labels starting on 2009 model year 

and later vehicles sold or leased in Connecticut on or after January 1, 2009. Labels 

must contain a smog score and a global warming score measuring the amount of 

greenhouse gas emissions from the car compared to the average emissions of all 

vehicle models of the same model year for that class of cars. The label will provide 

consumers with information on how a vehicle purchase will affect the environment. 

" Second, section 22a-174-36b is updated in accordance with changes made to the 

California Air Resources Board low emissions vehicle program, which serves as the 

basis for R.C.S .A. section 22a-174-36b. The updated provisions include the "travel 

provisions" contained in the "zero emission vehicle" program. Travel provisions 

amend methods by which manufacturers are credited when placing zero emission or 

other advanced technology vehicles in service in either California or any state that has 

adopted California's motor vehicle emission control program under section 177 of the 

federal Clean Air Act. 

" Third, technical changes consistent with California's vehicle recall provisions are 

included.