Final Regulation Order – Part 1 Final §1900

Hearing Date: 03/27/08 Adopted: 12/17/08 1 Final Regulation Order – Part 1

DEFINITIONS

Amend Title 13, Motor Vehicles, Division 3, Air Res ources Board, Chapter 1, Motor Vehicle Pollution Control Devices, Article 1, Gener al Provisions, § 1900, Definitions to

read:

§ 1900. Definitions.

(a) The definitions of this section supplement and are governed by the definitions set forth in chapter 2 (commencing with section 39010), part 1, division 26 of the Health and Safety Code. The definitions set forth in the appli cable model-year new vehicle certification and assembly-line test procedures ado pted in this chapter are hereby incorporated by reference.

(b) In addition to the definitions incorporated und er subdivision (a), the following definitions shall govern the provisions of this cha pter;

(1) – (7) [NO CHANGE.]

(8) "Independent low volume manufacturer" means a m anufacturer with California annual sales of less than 10,000 new passenger cars , light-duty trucks and mediumduty vehicles following aggregation of sales pursua nt to this section 1900(b)(8). Annual sales shall be determined as the average number or of sales sold for the three previous consecutive model years for which a manufacturer se eks certification; however, for a manufacturer certifying for the first time in Calif ornia, annual sales shall be based on projected California sales for the model year. A ma nufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produce d by the manufacturer and marketed in California by another manufacturer under the oth er manufacturer's nameplate shall be treated as California sales of the marketing man ufacturer. The annual sales from different firms shall be aggregated in the followin g situations: (1) vehicles produced by two or more firms, one of which is 10% or greater p art owned by another; , except in

circumstances for which the Executive Officer deter mines that 10% or greater ownership by one of the firms does not result in re sponsibility for overall direction of both firms; or (2) vehicles produced by any two or more firms i f a third party has equity ownership of 10% or more in each of the firms; or ( 3) vehicles produced by two or more firms having a common corporate officer(s) who is ( are) responsible for the overall direction of the companies; or (4) vehicles importe d or distributed by all firms where the vehicles are manufactured by the same entity and th e importer or distributor is an authorized agent of the entity.

(9) – (12) [NO CHANGE.]

(13) "Medium-duty vehicle" means any pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,5 00 pounds or less; any 1992 throughFinal Regulation Order – Part 1 Final §1900

Hearing Date: 03/27/08 Adopted: 12/17/08 2 2006 model-year heavy-duty low-emission, ultra-low- emission, super-ultra-low-emission

or zero-emission vehicle certified to the standards in section 1960.1(h)(2) having a manufacturer's gross vehicle weight rating of 14,00 0 pounds or less; any 1995 through 2003 model year heavy-duty vehicle certified to the standards in section 1960.1(h)(1) having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultralow-emission or zero-emission vehicle certified to the standards in Section 1961(a)(1),

or 1962, or 1962.1 having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 pounds.

(14) – (21) [NO CHANGE.]

(22) "Small volume manufacturer" means, with respec t to the 2001 and subsequent model-years, a manufacturer with California sales l ess than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the average number of vehicles sold for th e three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer; however, for manufacturers certifying for the first time in California model-year sales shall be based on projected California sales. A man ufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produce d by the manufacturer and marketed in California by another manufacturer under the oth er manufacturer's nameplate shall be treated as California sales of the marketing man ufacturer. Except as provided in the next paragraph, beginning with the 2009 model year, the annual sales from different firms shall be aggregated in the following situatio ns: (1) vehicles produced by two or more firms, one of which is 10% or greater part own ed by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by t wo or more firms having a common corporate officer(s) who is (are) responsible for t he overall direction of the companies; or (4) vehicles imported or distributed by all firm s where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

For purposes of compliance with the zero-emission v ehicle requirements, heavy-duty vehicles and engines shall not be counted as part o f a manufacturer's sales. For purposes of applying the 2005 and subsequent model year zero-emission vehicle requirements for small-volume manufacturers under s ections 1962(b) and 1962.1(b)

, the annual sales from different firms shall be aggr egated in the case of (1) vehicles produced by two or more firms, each one of which ei ther has a greater than 50% equity ownership in another or is more than 50% owned by a nother; or (2) vehicles produced by any two or more firms if a third party has equit y ownership of greater than 50% in

each firm.

Note: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 3901 0, 39500, 40000, 43000, 43013,
43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104 , 43106 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.