## ATTACHEMENTA

For your conveniencewe 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 ofair 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 PhoenixAve 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 andabbreviations
. Provided that any termrelated 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 PZEVor 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 fromthe motor vehicle or motor vehicle engine, or systemor engine modification on a motor vehicle or motor vehicle engine which causes a reduction of air contaminants emitted fromthe 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 anyfuel that is commonly or commercially known or sold as one ofthe following: M-100fuel methanol, M-85 fuel methanol, E-100fuel ethanol, E-85 fuel ethanol, compressed natural gas, liquefied petroleumgas, or hydrogen
. (4) "AT PZEV" means advanced technology partial zero emission vehicle
. (5) "CARB" means the CaliforniaAir Resources Board
. (6) "Certified" means the finding by CARB that a motorvehicle, motor vehicle engine, or motor vehicle engine family, or air contaminant emission control systemhas satisfied the criteria adopted by CARB for the control of specified air contaminants frommotorvehicles
. (7) "Dual-fuel" means a motor vehicle that is engineered and designed to be capable of operating on a petroleumfuel and on another fuel that is stored separately on-board the vehicle
. (8) "Emergency vehicle" means any publicly ownedvehicle operated by a peace officer in performance of his or her duties, any authorized vehicle used for fighting fires or responding to emergencyfire 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 froma 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 ProtectionAgency
.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 averagevehicle emissions of all non-methane organic gases andall greenhouse gases fromall 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-dutyvehicle" means any motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000pounds, 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 motorbutwhichalso incorporates the useof a combustion engine to provide power to the battery, or anyvehicle which allows power to be delivered to the drivewheels 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 vehicleweight rating of 8500pounds or less, and any other motor vehicle rated at 6000pounds or less, that is designed primarily forthe purposes of transportation of property or is a derivative of such avehicle, or is available with special features enabling off-street or off-highway operation and use. (21) "Loadedvehicle weight" or "LVW" means vehicle curb weight plus 300pounds
. (22) "Low

Emission Vehicle 11 program" means the standards for motorvehicles, motor vehicle engines and related provisions that the State ofCalifornia has adopted and is permitted to adopt under 42 USC7543 and that the Commissioner is permitted to adopt under 42 USC7507 as required by section 22a-174g of the Connecticut General Statutes for the implementation ofsuch 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 thosevehicles defined by California Code of Regulations, 13, section 1905
. (26) "Model year" means "model year" as defined in 40CFR85.2302and determined in accordance with the provisions of40CFR85.2301 through 40 CFR85.2304, inclusive
. (27) "Neighborhood electric vehicle" or "NEV" means a motor vehicle certified to zero emission vehiclestandards and meets the definition of "low speedvehicle" 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 7,500miles or fewer on its odometer
. (29) "NMOG" means non-methaneorganic gas; (30) "Passenger car" or "PC" means any motor vehicle designed primarily for transportation of persons having a design capacity oftwelve persons or less
. (31) "Offset vehicle" means avehicle 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 ZEVas 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 IIIZEVplaced in service prior to modelyear 2012 in California or any other state that has adopted the California ZEVmandate
. (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 ofConnecticut except that this subdivision shall not apply to those vehicles listed in subsection (d) ofthis section
. (2) This section shall apply to a112009 and subsequent modelyear medium-duty vehicles sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired orEffective: 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) ofthis 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 thosevehicles 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) Theexhaust 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) Theevaporative 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 systemrequirements set forth in the California Code of Regulations, Title 13, 1968.1 ; (F) Theassembly-line testing procedure requirements set forth in the California Code of Regulations, Title 13, section 2062; (G) Thespecifications for fill pipes and openings of motor vehicle fuel tanks set forth in the California Code of Regulations, Title 13, section 2235; (H) (1) Thegreenhouse gas emission standards set forth in the California Code of Regulations, Title 13, section 1961 .1 ; and On and afterJanuary 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) ZEVmandate

. (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) ofthis section

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

operated with restrictions no more stringent than imposedby the State of California, manufacturers that generate ZEVcredits in California through the sale of NEVs shall receive Connecticut credits for those sales
. Such credits shall be transferred annually using the ZEVcredit 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) ofthis section
. (d) Exemptions
. (1) Thefollowing vehicles shall not be subject to this section:

(A) Avehicle transferred by inheritance; (B) Avehicle transferred by decree ofdivorce, dissolution or legal separation entered by a court of competentjurisdiction; (C) Avehicle purchased by a nonresident prior to establishing residency in the State of Connecticut; (D) Avehicle sold for the purpose of beingwrecked or dismantled; (E) Avehicle sold directly fromonedealer to another dealer; (F) Avehicle sold for registration out of state;Effective: August 10, 2009 Page 36b-7 (G) (H) Avehicle sold designed exclusively for off-highway use; Avehicle that has been certified to standards promulgated pursuant to the authority contained in 42 U .S.C
. 7521 andwhich is in the possession of a rental agency in Connecticut and is next rented with a final destination outside of Connecticut; (1) An emergencyvehicle; (J) Amilitary tactical vehicle; (K) Avehicle exempted by California Health and Safety Code, section 43656 ; or (L) A

vehicle acquired by aresident ofthis state for the purposeof 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 from3,751 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 04/17/09Effective: August 10, 2009 Page 36b-8 Article 2Approval of MotorVehicle Pollution Control Devices (New Vehicles) Section 1956.8(g) and Exhaust Emission Standards andTest 10/11/07 (h) Procedures - 1985 and Subsequent Model Heavy Duty Engines andVehicles Section 1960.1 Exhaust Emission Standards andTest 03/26/04 Procedures - 1981 and through 2006Model Passenger Cars, Light-Duty and MediumDuty Vehicles Section 1961 Exhaust Emission Standards andTest 06/16/08 Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-DutyVehicles Section 1961 .1 Greenhouse Gas Exhaust Emission O1/O1/06 Standards andTest Procedures - 2009and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-DutyVehicles
. 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 EmissionVehicle 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 Subse

quent Model YearVehicles Section 1968.1 Malfunction and Diagnostic System 11/27/99 Requirements - 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-DutyVehicles Section 1968.2 Malfunction and Diagnostic System 11/09/07 Requirements - 2004and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-DutyVehicles Section 1968.5 Enforcement of Malfunction and Diagnostic 11/09/07 SystemRequirements for 2004and 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 Evap

orative Emissions Section 1978 Standards andTest Procedures for Vehicle O1/04/08 Refueling Emissions Article 6Emission Control SystemWarranty Section 2035 Pu ose, A pplicability and Definitions 11/09/07Effective: 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 MotorVehicle 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 MotorVehicle Engines Used in ! Such Vehicles ' Section 2038 Performance Warranty Requirements for 11/09/07 1990and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and MotorVehicle Engines Used in Such Vehicles Section 2039 Emission Control System Warranty 12/26/90 ! Statement. Section 2040 Vehicle Owner Obli g ations 12/26/90 Section 2046 Defective Catal y st 1/16/79 Chapter 2Enforcement of Vehicle Emission Standards

and EnforcementTesting
. Article 1Assembl y Line Testing. Section 2062 Assembly-line Test Procedures 1998and 11/27/99 Subseq uent Model- years. Article 2Enforcement 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 forAssembly-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 VehicleVoluntary and Influenced Recalls
. Section 2111 A pplicability

. O1/04/08 Section 2112 Definitions
. 11/15/03 A ppendix AtoArticle 2.1 . 11/15/03 Section 2113 Initiation andApproval ofVoluntary and 1/26/95 Influenced Recalls
. ' Section 2114 Voluntary and Influenced Recall Plans
. 11/27/99 ' Section 2115 Eli g ibility for Repair
. 1/26/95 ' Section 2116 Repair Label
. 1/26/95 Section 2117 Proof of Correction Certificate
. 1/26/95 Section 2118 Notification
. 1/26/95Effective: August 10, 2009 Page 36b-10

Section 2119 Record keeping and Reporting Req uirements
. 11/27/99 Section 2120 Other Req uirements 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 Proofof Correction Certificate
. 1/26/95 Section 2130 Cap ture Rates andAlternative Measures
. 11/27/99 Section 2131 Preliminary Tests
. 1/26/95 Section 2132 Communication with Rep air 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 Triggering Recall
. 11/27/99 Section 2144 Emission Warrant Information Report. 11/27/99 Section 2145 Field Information Rep ort. 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 5Procedures 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. 01/04/08Effective: August 10, 2009 Page 36b-11

Section 2169 Recall and Corrective Action forFailures of ExhaustAfter-Treatment Devices
. O1/04/08 Section 2170 Recall and Corrective Action for Other Emission-Related Component Failures (OnBoard Diagnostic-EquippedVehicles 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 Com

p uter 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 Communicationwith Rep air Personnel . O1/04/08 Section 2172.8 Recordkee in and Rep ortin g. O1/04/08 Section 2172.9 Extension of Time
. O1/04/08 Section 2173 Penalties
. O1/04/08 Section 2174 Availabilityof 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 modelyears, the fleet average NMOGgas emission values frompassenger cars and light-duty trucks vehicles produced and delivered for sale in the State ofConnecticut by a manufacturer for each modelyear 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 mayearn and bank NMOGcredits 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 2004and 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) Amanufacturer that certifies vehicles equipped with direct ozone reduction technologies is eligible to receive NMOGcredits 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 NMOGfleet 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 ofits 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 ofthe calendar year succeeding the end of the model year. Commencing with the 2009modelyear, such report shall include medium-duty vehicles
. (6) Delivery reporting requirements
. For the purposes of determining compliance with the requirements ofthis section, commencing with the 2008model year, each manufacturer shall submit annually, to the conunissioner, by March ls` ofthe calendar year succeeding the end of the modelyear, a report documenting total deliveries for sale of vehicles in each engine family over that modelyear 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 ofConnecticut by a large volume manufacturer for each 2009and 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) Thefleet 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 foreach 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 ofsubsections (c)(3) and (e) ofthis section, commencing with the 2008 model year, eachEffective: August 10, 2009 Page 36b-13

manufacturer shall submit annually to the Department, by March Is' ofthe calendar year succeeding the end of the modelyear, a report which demonstrates that such manufacturer has met thefleet average emissions requirements for its fleet delivered for sale in Connecticut
. Commencing with the 2009model 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 modelyear, such report shall include medium-dutyvehicles
. (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 ofthe model year and shall include the number ofgreenhouse gas vehicle test groups certified pursuant to subsection (m)(5) of this section, delineated by model type, delivered for sale into the State ofConnecticut
. (h) Fleet average enforcement
. If, commencing with the 2011 modelyear andfor each subsequent model year thereafter, the report issued by a manufacturer pursuant to subsection (g) ofthis section demonstrates noncompliance with thefleet 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 ofConnecticut and their corresponding certification standards and the percentage ofeach model delivered for sale into the State of Connecticut and California in relation to total fleet sales in the respective state. Enforcement ofthe 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 ofConformity relating to certification of new motor vehicles for each engine family to be sold in the State ofConnecticut to the commissioner within thirty (30) days of receiving the Executive Order fromCARB
. 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 anyvehicle 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' ofthe calendar year succeeding the end ofthe model year, each manufacturer shall report to the commissioner the number ofoffset 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 ofConnecticut
. (j) Warranty requirements
. (1) For a112008 and subsequent model year vehicles subject to the provisions ofthis section andfor all 2009and subsequent model year medium-dutyvehicles subject to the provisions of this section, each manufacturer shall provide awarranty to the ultimate purchaser and each subsequent purchaser that complies with the requirements set forth in California Code of Regulations, Title 13, sections 2035through 2038, 2040and 2046
. (2) For all 2008and subsequent model year vehicles subject to the provisions of this section andfor all 2009 and subsequent model year medium-duty vehicles subject to the provisions ofthis 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 informConnecticut vehicle owners ofthe 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 ofthis section andfor all 2009and subsequent modelyear medium-dutyvehicles 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, 2122through 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 ofConnecticut
. (2) Forvehicles subject to an action pursuant to subdivision (1) of this subsection, each manufacturer shall send to owners of vehicles registered in the State ofConnecticut 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 appropriatefor use in the State ofConnecticut
. (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 ofTitle 13, California Code of Regulations relating to the implementation and the administration ofthe 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 ofTitle 13, California Code of Regulations incorporated by reference in this section are available by contacting: Connecticut Department of Environmental Protection Bureau ofAir 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) Amanufacturer may, as an alternative means ofcompliance with the requirements of subsection (c)(2) ofthis section, proceed in accordance with the provisions of subdivision (2) or (3) ofthis subsection
. (2) Amanufacturer may earn Connecticut ZEVcredits for the introduction into Connecticut of PZEVs, AT PZEVs and ZEVs provided that: (A) Thevehicle 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 avehicle is established by CARB pursuant to California Code of Regulations, Title 13, section 1962, a Connecticut multiplier will be applied to such credit valuefor 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 ZEVCredit Year Multiplier Credit Multiplier Multi p lier 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 Multi p

lierEffective: August 10, 2009 Page 36b-16 Introduction 2008 Mandatory Com pliance 1 .15 1 .3 1 .5 2009 Equivalency with

California Program 1 1 1 (C) Connecticut ZEVcredit use, life, banking and tradingwill 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 includevehicle sales organizedby 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) ofthis subdivision
. The commissioner shall establish ZEVcompliance accounts for each manufacturer and allocate the credits earned to such compliance account, including separate accounts for PZEV,AT PZEV, NEV, Type 0ZEVs, Type I ZEVs, Type 11 ZEVs, Type III ZEVs, transportation systemand 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 ofcredits equal to such difference to such manufacturer's compliance account
. (3) The commissioner shall set aside a number of Connecticut ZEVcredits proportionally equivalent to the number of ZEVcredits possessed by the requesting manufacturer for use in the State ofCalifornia at the beginning of the 2008 modelyear. This transfer shall be performed only after all credit obligations for the 2007 and earlier modelyears have been satisfied in California
. The commissioner shall multiply the manufacturer's California credit balances by the ratio ofthe average number of PCs and LDT1s 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 2000through 2002or, alternatively, by the ratioof PCs and LDTls produced and delivered for sale in Connecticut to the combined number of PCs and LDT1s produced and delivered for sale in California in modelyear 2008
. In either case, the commissioner shall determine the model year 2008 ZEVsales requirements in Connecticut using the same time period that determined the credit transfer ratio
. The commissioner shall notify such manufacturer of the number of ZEVcredits, allocated in accordance with subdivision (2)(F) ofthis subsection, available for use by July 31, 2008 and annually thereafter until such credits are fully consumed
. Credits issued pursuant to this subdivision mayonly be used in Connecticut for compliance with the ZEV provisions of subsection (c)(2) ofthis section subject to the same requirements andEffective: August 10, 2009 Page 36b-17

limitations on credit useset 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 LDT1 vehicles produced and delivered for

sale in Connecticut and California for 2000through 2002 model years, or (ii) the total projected number of PCand 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, byJune 302009, recalculate and adjust, either upward or downward, the number of ZEVcredits grantedbased on actual modelyear 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 ZEVcredits after all 2007 modelyear 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) ofthis 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 ZEVmandate 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 ifdelivered for sale and use in the State ofConnecticut; and (B) Amanufacturer 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 ofthis 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 ofthe air quality regulations concerning motor vehicles
. Specifically, the amendment revises section 22a-174-36b of the Regulations of Connecticut StateAgencies (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 2009modelyear and later vehicles sold or leased in Connecticut on or afterJanuary 1, 2009
. Labels must contain a smog score and a global warmingscore measuring the amount of greenhouse gas emissions fromthe car compared to the average emissions of all vehicle models ofthe same model year for that class of cars. The label will provide consumerswith information on how avehicle purchase will affect the environment
. " Second, section 22a-174-36b is updated in accordance with changes made to the CaliforniaAir Resources Board low emissions vehicle program, whichserves 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 CleanAirAct
. " Third, technical changes consistent with California's vehicle recall provisions are included
.