California LEV Regulations with amendments effective 4/1/10 

1

§ 1961.1. Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 and 

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

(a) Greenhouse Gas Emission Requirements. The greenhouse gas emission levels 

from new 2009 and subsequent model year passenger cars, light-duty trucks, and medium-duty 

passenger vehicles shall not exceed the following requirements. Light-duty trucks from 3751 lbs. 

LVW – 8500 lbs. GVW that are certified to the Option 1 LEV II NOx Standard in section 

1961(a)(1) are exempt from these greenhouse gas emission requirements, however, passenger cars, 

light-duty trucks 0-3750 lbs. LVW, and medium-duty passenger vehicles are not eligible for this 

exemption. 

 (1) Fleet Average Greenhouse Gas Requirements for Passenger Cars, LightDuty Trucks, and Medium-Duty Passenger Vehicles.

(A)(i) The fleet average greenhouse gas exhaust mass emission values from 

passenger cars, light-duty trucks, and medium-duty passenger vehicles that are produced and 

delivered for sale in California each model year by a large volume manufacturer shall not exceed: 

FLEET AVERAGE GREENHOUSE GAS 

EXHAUST MASS EMISSION REQUIREMENTS FOR 

PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUMDUTY PASSENGER VEHICLE WEIGHT CLASSES1

(4,000 mile Durability Vehicle Basis) 

Fleet Average Greenhouse Gas Emissions 

Model Year (grams per mile CO2-equivalent) 

All PCs; 

LDTs 0-3750 lbs. LVW

LDTs 

 3751 lbs. LVW - 8500 

lbs. GVW; MDPVs 

2009 323 439 

2010 301 420 

2011 267 390 

2012 233 361 

2013 227 355 

2014 222 350 

2015 213 341 

2016+ 205 332 

1

 Each manufacturer shall demonstrate compliance with these values in accordance with section 1961.1(a)(1)(B). 

 1. For each model year, a manufacturer must demonstrate compliance with the 

fleet average requirements in this section 1961.1(a)(1)(A) based on one of two options applicable 

throughout the model year, either: 
Option 1: the total number of passenger cars, light-duty trucks, and medium-duty 

passenger vehicles that are certified to the California exhaust emission standards in this section 

1961.1, and are produced and delivered for sale in California; or 

Option 2: the total number of passenger cars, light-duty trucks, and medium-duty 

passenger vehicles that are certified to the California exhaust emission standards in this section 

1961.1, and are produced and delivered for sale in California, the District of Columbia, and all 

states that have adopted California's greenhouse gas emission standards for that model year 

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

a. For the 2009 and 2010 model years, a manufacturer that selects compliance 

Option 2 must notify the Executive Officer of that selection, in writing, within 30 days of the 

effective date of the amendments to this section (a)(1)(A)1 or must comply with Option 1. 

b. For the 2011 and later model years, a manufacturer that selects compliance 

Option 2 must notify the Executive Officer of that selection, in writing, prior to the start of the 

applicable model year or must comply with Option 1.

c. When a manufacturer is demonstrating compliance using Option 2 for a 

given model year, the term "in California" as used in subsections 1961.1(a)(1)(B)3. and 1961.1 (b) 

means California, the District of Columbia, and all states that have adopted California's 

greenhouse gas emission standards for that model year pursuant to Section 177 of the federal 

Clean Air Act (42 U.S.C. § 7507). 

d. A manufacturer that selects compliance Option 2 must provide to the 

Executive Officer separate values for the number of vehicles produced and delivered for sale in 

the District of Columbia and for each individual state within the average. 

(A)(ii) For the 2012 through 2016 model years, a manufacturer may elect to 

demonstrate compliance with this section 1961.1 by demonstrating compliance with the National 

greenhouse gas program as follows: 

1. A manufacturer that selects compliance with this option 1961.1(a)(1)(A)(ii) 

must notify the Executive Officer of that selection, in writing, prior to the start of the applicable 

model year or must comply with 1961.1(a)(1)(A)(i). 

2. The manufacturer must submit to ARB a copy of the Model Year CAFE 

report that it submitted to EPA as required under 40 CFR §86.1865-12 (as proposed at 74 Fed. 

Reg. 49454, 49760 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed. Reg. 

[insert page] (April [insert date], 2010), for demonstrating compliance with the National 

greenhouse gas program and the EPA determination of compliance. These must be submitted 

within 30 days of receipt of the EPA determination of compliance, for each model year that a 

manufacturer selects compliance with this option 1961.1(a)(1)(A)(ii). and 
3. If a manufacturer has outstanding greenhouse gas debits at the end of the 

2011 model year, as calculated in accordance with 1961.1(b), the manufacturer must submit to the 

Executive Officer a plan for offsetting all outstanding greenhouse gas debits by using greenhouse 

gas credits earned under the National greenhouse gas program before applying those credits to 

offset any National greenhouse gas program debits. Upon approval of the plan by the Executive 

Officer, the manufacturer may demonstrate compliance with this section 1961.1 by demonstrating 

compliance with the National greenhouse gas program. Any California debits not offset by the 

end of the 2016 model year National greenhouse gas program reporting period are subject to 

penalties as provided in this Section 1961.1. 

(B) Calculation of Fleet Average Greenhouse Gas Value.

1. Basic Calculation.

a. Option A: Each manufacturer shall calculate both a “city” grams per mile 

average CO2-equivalent value for each GHG vehicle test group and a “highway” grams per mile 

average CO2-equivalent value for each GHG vehicle test group, including vehicles certified in 

accordance with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), 

using the following formula. Option B: For a manufacturer that elects to demonstrate compliance 

with the greenhouse gas requirements using CAFE data, "GHG vehicle test group" shall mean 

"subconfiguration" in this subsection 1961.1(a)(1)(B)1.a. Greenhouse Gas emissions used for the 

“city” CO2-equivalent value calculation shall be measured using the “FTP” test cycle (40 CFR, 

Part 86, Subpart B). Greenhouse Gas emissions used for the “highway” CO2-equivalent value 

calculation shall be based on emissions measured using the Highway Test Procedures. 

CO2-Equivalent Value = CO2 + 296 x N2O + 23 x CH4 - A/C Direct Emissions Allowance - A/C Indirect 

Emissions Allowance 

A manufacturer may use N2O = 0.006 grams per mile in lieu of measuring N2O exhaust emissions. 

A manufacturer that elects to use CAFE data to demonstrate compliance with the greenhouse gas 

requirements may substitute the term 1.9 CO2-equivalent grams per mile for the terms “296 x N20 

+ 23 x CH4” in this equation. 

b. A/C Direct Emissions Allowance. A manufacturer may use the following 

A/C Direct Emission Allowances, upon approval of the Executive Officer, if that manufacturer 

demonstrates that the following requirements are met. Such demonstration shall include 

specifications of the components used and an engineering evaluation that verifies the estimated 

lifetime emissions from the components and the system. A manufacturer shall also provide 

confirmation that the number of fittings and joints has been minimized and components have been 

optimized to minimize leakage. No A/C Direct Emissions Allowance is permitted if the following 

requirements are not met. 
i. A “low-leak air conditioning system” shall be defined as one that 

meets all of the following criteria: 

A. All pipe and hose connections are equipped with multiple o-rings, 

seal washers, or metal gaskets only (e.g., no single o-rings); 

B. All hoses in contact with the refrigerant must be ultra-low 

permeability barrier or veneer hose on both the high-pressure and 

the low-pressure sides of the system (e.g., no rubber hoses); and 

C. Only multiple-lip compressor shaft seals shall be used (with either 

compressor body o-rings or gaskets). 

ii. For an air conditioning system that uses HFC-134a as the 

refrigerant: 

A. An A/C Direct Emissions Allowance of 3.0 CO2-equivalent grams 

per mile shall apply if the system meets the criteria for a “low-leak 

air conditioning system.” 

B. An A/C Direct Emissions Allowance of 3.0 CO2-equivalent grams 

per mile shall apply if the manufacturer demonstrates alternative 

technology that achieves equal or lower direct emissions than a 

“low-leak air conditioning system.” 

C. An A/C Direct Emissions Allowance greater than 3.0 CO2-

equivalent grams per mile may apply for an air conditioning system 

that reduces refrigerant leakage further than would be obtained from 

a “low-leak air conditioning system.” A maximum A/C Direct 

Emissions Allowance of 6.0 CO2-equivalent grams per mile may be 

earned for an air conditioning system that has 100 percent 

containment of refrigerant during “normal operation.” To obtain an 

A/C Direct Emissions Allowance greater than 3.0 CO2-equivalent 

grams per mile, the manufacturer must provide an engineering 

evaluation that supports the allowance requested. 

iii. For an air conditioning system that uses HFC-152a, CO2 refrigerant, 

or any refrigerant with a GWP of 150 or less: 

An A/C Direct Emissions Allowance shall be calculated using the following 

formula: 

A/C Direct Emissions Allowance = A – (B x C) 

where: A = 9 CO2-equivalent grams per mile (the lifetime vehicle emissions 

expected from an air conditioning system that uses refrigerant HFC-134a); 

1300

GWP B = CO 9 2 − equivalent g/mi ×

 
where: B is the lifetime vehicle emissions expected from an air 

conditioning system that uses a refrigerant with a GWP of 150 or 

less, and 

“GWP” means the GWP of this refrigerant; and 

C = 1, except for an air conditioning system that meets the criteria of a 

“low-leak air conditioning system.” 

 

For an air conditioning system that meets or exceeds the criteria of a “low-leak air 

conditioning system,” the following formula shall apply: 

C = 1− (0.12× credit)

where: “credit” equals 3.0 CO2-equivalent grams per mile for a “low-leak air 

conditioning system” that meets the criteria of section 1961.1(a)(1)(B)1.b.i., 

or 

“credit” equals a value greater than 3.0 CO2-equivalent grams per mile for 

an air conditioning system that reduces refrigerant leakage further than 

would be obtained from a “low-leak air conditioning system.” A maximum 

credit of 6.0 CO2-equivalent grams per mile may be earned for an air

conditioning system that has 100 percent containment of refrigerant during 

normal operation. To obtain a credit greater than 3.0 CO2-equivalent grams 

per mile, the manufacturer must provide an engineering evaluation that 

supports the credit requested. 

iv. A manufacturer that elects to use CAFE Program emissions data to 

demonstrate compliance with the greenhouse gas requirements shall calculate the 

A/C Direct Emissions Allowance for each Vehicle Configuration by calculating the 

A/C Direct Emissions Allowance for each air conditioning system used in that 

Vehicle Configuration and calculating a sales-weighted average for that Vehicle 

Configuration. 

c. A/C Indirect Emissions Allowance. A manufacturer may use the following 

A/C Indirect Emissions Allowances, upon approval of the Executive Officer, if the manufacturer 

demonstrates using data or an engineering evaluation that the air conditioning system meets the 

following requirements. A manufacturer may use the following A/C Indirect Emissions 

Allowances for other technologies, upon approval of the Executive Officer, if that manufacturer 

demonstrates that the air conditioning system achieves equal or greater CO2-equivalent grams per 

mile emissions reductions. 

 

i. An “A/C system with reduced indirect emissions" shall be defined 

as one that meets all of the following criteria: 
A. Has managed outside and recirculated air balance to achieve 

comfort, demisting, and safety requirements, based on such factors 

as temperature, humidity, pressure, and level of fresh air in the 

passenger compartment to minimize compressor usage;

B. Is optimized for energy efficiency by utilizing state-of-the-art high 

efficiency evaporators, condensors, and other components; and 

C. Has an externally controlled compressor (such as an externally 

controlled variable displacement or variable speed compressor or an 

externally controlled fully cycling fixed displacement compressor) 

that adjusts evaporative temperature to minimize the necessity of 

reheating cold air to satisfy occupant comfort. 

ii. For an A/C system that meets all of the criteria for an "A/C system 

with reduced indirect emissions," the allowance shall be calculated using the 

following emission factors, up to a maximum allowance of 9.0 CO2-equivalent 

grams per mile if the system has one evaporator and up to a maximum allowance of 

11.0 CO2-equivalent grams per mile if the system has two evaporators: 

A. 5.0 CO2-equivalent grams per mile per 100 cc of maximum 

compressor displacement for a system that does not use CO2 as the 

refrigerant 

B. 27.5 CO2-equivalent grams per mile per 100 cc of maximum 

compressor displacement for a system that uses CO2 as the 

refrigerant 

iii. For an air conditioning system equipped with a refrigerant having a 

GWP of 150 or less, the allowance shall be calculated using the following emission 

factors, up to a maximum allowance of 0.5 CO2-equivalent grams per mile: 

A. 0.2 CO2-equivalent grams per mile per 100cc of maximum 

compressor displacement for a system that does not use CO2 as the 

refrigerant and 

B. 1.1 CO2-equivalent grams per mile per 100cc of maximum 

compressor displacement for a system that uses CO2 as the 

refrigerant. 

iv. A manufacturer that elects to use CAFE Program emissions data to 

demonstrate compliance with the greenhouse gas requirements shall calculate the 

A/C Indirect Emissions Allowance for each Vehicle Configuration by calculating 

the A/C Indirect Emissions Allowance for each air conditioning system used in that 

Vehicle Configuration and calculating a sales-weighted average for that Vehicle 

Configuration. 
d. Upstream Greenhouse Gas Emission Adjustment Factors for Alternative 

Fuel Vehicles. A grams per mile average CO2-equivalent value for each GHG vehicle test group 

certifying on a fuel other than conventional gasoline, including vehicles certified in accordance 

with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), shall be 

calculated as follows: 

(CO2 + A/C Indirect Emissions) x (Fuel Adjustment Factor) + 

296 x N2O + 23 x CH4 + A/C Direct Emissions 

where: 

A/C Indirect Emissions = A - B 

where: “A” represents the indirect emissions associated with an A/C system 

that does not incorporate any of the A/C improvements described in 

section 1961.1(a)(1)(B)1.c. A is determined by the following emission 

factors, with a maximum value of 17.0 CO2-equivalent grams per mile 

for a system that has one evaporator and a maximum value of 21.0 

CO2-equivalent grams per mile for a system that has two evaporators. 

A = 9.6 CO2-equivalent grams per mile per 100cc of maximum 

compressor displacement for an A/C system that does not use CO2 as 

the refrigerant or 

A = 52.8 CO2-equivalent grams per mile per 100cc of maximum 

compressor displacement for an A/C system that uses CO2 as the 

refrigerant. 

B = A/C Indirect Emissions Allowance as calculated per section 

1961.1(a)(1)(B)1.c. 

A/C Direct Emissions = 9 CO2-equivalent grams per mile – A/C Direct Emissions 

Allowance as calculated per section 1961.1(a)(1)(B)1.b. 

The Fuel Adjustment Factors are: 

 

Fuel Fuel Adjustment Factor 

Natural Gas 1.03 

LPG 0.89 

E85 0.74 
e. Calculation of CO2-Equivalent Emissions for Hydrogen Internal 

Combustion Engine Vehicles and for Electric and Hydrogen ZEVs. The grams per mile average 

CO2-equivalent value for each GHG vehicle test group certifying to ZEV standards, including 

vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with 

section 1961(a)(14), shall be: 

A/C Direct Emissions + Upstream Emissions Factor 

where: A/C Direct Emissions = 9 CO2-equivalent grams per mile – A/C Direct Emissions 

Allowance as calculated per section 1961.1(a)(1)(B)1.b. 

The Upstream Emissions Factors are: 

Vehicle Type Upstream Emissions Factor1

(CO2-equivalent g/mi) 

Electric ZEV 130 

Hydrogen Internal Combustion Engine Vehicle 290 

Hydrogen ZEV 210 

1The Executive Officer may approve use of a lower upstream emissions factor if a manufacturer demonstrates the 

appropriateness of the lower value by providing information that includes, but is not limited to, the percentage of 

hydrogen fuel or the percentage of electricity produced for sale in California using a “renewable energy resource.” 

2. Calculation of Greenhouse Gas Values for Bi-Fuel Vehicles, Fuel-Flexible 

Vehicles, Dual-Fuel Vehicles, and Grid-connected Hybrid Electric Vehicles. For bi-fuel, fuelflexible, dual-fuel, and grid-connected hybrid electric vehicles, a manufacturer shall calculate a 

grams per mile average CO2-equivalent value for each GHG vehicle test group, in accordance with 

section 1961.1(a)(1)(B)1., based on exhaust mass emission tests when the vehicle is operating on 

gasoline. 

a. Optional Alternative Compliance Mechanisms. Beginning with the 2010 

model year, a manufacturer that demonstrates that a bi-fuel, fuel-flexible, dual-fuel, or gridconnected hybrid electric GHG vehicle test group will be operated in use in California on the 

alternative fuel shall be eligible to certify those vehicles using this optional alternative 

compliance procedure, upon approval of the Executive Officer. 
i. To demonstrate that bi-fuel, fuel-flexible, dual-fuel, or gridconnected hybrid electric vehicles within a GHG vehicle test group will be 

operated in use in California on the alternative fuel, the manufacturer shall provide 

data that shows the previous model year sales of such vehicles to fleets that provide 

the alternative fuel on-site or, for grid-connected hybrid electric vehicles, to end 

users with the capability to recharge the vehicle on-site. This data shall include 

both the total number of vehicles sales that were made to such fleets or end users 

with the capability to recharge the vehicle on-site and as the percentage of total 

GHG vehicle test group sales. The manufacturer shall also provide data 

demonstrating the percentage of total vehicle miles traveled by the bi-fuel, fuelflexible, dual-fuel, or grid-connected hybrid electric vehicles sold to each fleet or to 

end users with the capability to recharge the vehicle on-site in the previous model 

year using the alternative fuel and using gasoline.

ii. For each GHG vehicle test group that receives approval by the 

Executive Officer under section 1961.1(a)(1)(B)2.a.i., a grams per mile CO2-

equivalent value shall be calculated as follows: 

CO2-equivalent value = [A × E × B×C]+ [( - 1 (A × E× B))× D]

where: A = the percentage of previous model year vehicles within a GHG vehicle 

test group that were operated in use in California on the alternative fuel 

during the previous calendar year; 

B = the percentage of miles traveled by “A” during the previous calendar 

year ; 

C = the CO2-equivalent value for the GHG vehicle test group, as calculated 

in section 1961.1(a)(1)(B)1, when tested using the alternative fuel; 

D = the CO2-equivalent value for the GHG vehicle test group, as calculated 

in section 1961.1(a)(1)(B)1, when tested using gasoline; and 

E = 0.9 for grid-connected hybrid electric vehicles or 

E = 1 for bi-fuel, fuel-flexible, and dual-fuel vehicles. 
The Executive Officer may approve use of a higher value for “E” for a gridconnected hybrid electric vehicle GHG vehicle test group if a manufacturer 

demonstrates that the vehicles can reasonably be expected to maintain more than 90 

percent of their original battery capacity over a 200,000 mile vehicle lifetime. The 

manufacturer may demonstrate the appropriateness of a higher value either by 

providing data from real world vehicle operation; or by showing that these vehicles 

are equipped with batteries that do not lose energy storage capacity until after 

100,000 miles; or by offering 10 year/150,000 mile warranties on the batteries. 

iii. For the first model year in which a grid-connected hybrid electric 

vehicle model is certified for sale in California, the manufacturer may estimate the 

sales and percentage of total vehicle miles traveled information requested in section 

1961.1(a)(1)(B)2.a.i. in lieu of providing actual data, and provide final sales data 

and data demonstrating the percentage of total vehicle miles traveled using 

electricity by no later than March 1 of the calendar year following the close of the 

model year. 

3. Calculation of Fleet Average Greenhouse Gas Values.

a. Each manufacturer’s PC and LDT1 fleet average Greenhouse Gas value for 

the total number of PCs and LDT1s produced and delivered for sale in California, including 

vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with 

section 1961(a)(14), shall be calculated as follows: 

[0.55 x (Σ City Test Group Greenhouse Gas Values) + 0.45 x (Σ Highway Test Group Greenhouse 

Gas Values)] ÷ Total Number of PCs and LDT1s Produced, Including ZEVs and HEVs 

where: City Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - Σ

Number of Vehicles in Optional GHG Test Vehicle Configurations) x “worst-case” 

calculated CO2-equivalent value + Σ (Number of vehicles in Optional GHG Test Vehicle 

Configurations x applicable calculated CO2-equivalent value)] measured using the FTP 

test cycle; and 

Highway Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test 

Group - Σ Number of Vehicles in Optional GHG Test Vehicle Configurations) x “worstcase” calculated CO2-equivalent value + Σ (Number of vehicles in Optional GHG Test 

Vehicle Configurations x applicable calculated CO2-equivalent value)] measured using the 

Highway Test Procedures. 

b. Each manufacturer’s LDT2 and MDPV fleet average Greenhouse Gas value 

for the total number of LDT2s and MDPVs produced and delivered for sale in California, 

including vehicles certified in accordance with section 1960.5 and vehicles certified in accordance 

with section 1961(a)(14), shall be calculated as follows: 
[0.55 x (Σ City Test Group Greenhouse Gas Values) + 0.45 x (Σ Highway Test Group Greenhouse 

Gas Values)] ÷ Total Number of LDT2s and MDPVs Produced, Including ZEVs and HEVs 

where: City Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - Σ

Number of Vehicles in Optional GHG Test Vehicle Configurations) x “worst-case” 

calculated CO2-equivalent value + Σ (Number of vehicles in Optional GHG Test Vehicle 

Configurations x applicable calculated CO2-equivalent value)] measured using the FTP 

test cycle; and 

Highway Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test 

Group - Σ Number of Vehicles in Optional GHG Test Vehicle Configurations) x “worstcase” calculated CO2-equivalent value + Σ (Number of vehicles in Optional GHG Test 

Vehicle Configurations x applicable calculated CO2-equivalent value)] measured using the 

Highway Test Procedures. 

(C) Requirements for Intermediate Volume Manufacturers.

1. Before the 2016 model year, compliance with this section 1961.1 shall be 

waived for intermediate volume manufacturers. 

2. For each intermediate volume manufacturer, the manufacturer’s baseline 

fleet average greenhouse gas value for PCs and LDT1s and baseline fleet average greenhouse gas 

value for LDT2s and MDPVs shall be calculated, in accordance with section 1961.1(a)(1)(B) 

using its 2002 model year fleet. 

3. In 2016 and subsequent model years, an intermediate volume manufacturer 

shall either: 

a. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for 

PCs and LDT1s and 361 g/mi for LDT2s and MDPVs, or 

b. not exceed a fleet average greenhouse gas value of 0.75 times the baseline 

fleet average greenhouse gas value for PCs and LDT1s and 0.82 times the baseline fleet average 

greenhouse gas value for LDT2s and MDPVs, as calculated in section 1961.1(a)(1)(C)2. 

4. If a manufacturer's average annual California sales exceed 60,000 units of 

new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for 

the three previous consecutive model years, the manufacturer shall no longer be treated as a 

intermediate volume manufacturer and shall comply with the fleet average requirements 

applicable to large volume manufacturers as specified in section 1961.1(a)(1) beginning with the 

fourth model year after the last of the three consecutive model years. 

5. If a manufacturer’s average annual California sales fall below 60,001 units 

of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold 

for the three previous consecutive model years, the manufacturer shall be treated as a intermediate 
intermediate volume manufacturer and shall be subject to the requirements for intermediate 

volume manufacturers beginning with the next model year. 

(D) Requirements for Small Volume Manufacturers and Independent Low 

Volume Manufacturers. 

1. Before the 2016 model year, compliance with this section 1961.1 shall be 

waived for small volume manufacturers and independent low volume manufacturers. 

2. At the beginning of the 2013 model year, each small volume manufacturer 

and independent low volume manufacturer shall identify all 2012 model year vehicle models, 

certified by a large volume manufacturer that are comparable to that small volume manufacturer or 

independent low volume manufacturer’s 2016 model year vehicle models, based on horsepower 

and horsepower to weight ratio. The small volume manufacturer and independent low volume 

manufacturer shall demonstrate to the Executive Officer the appropriateness of each comparable 

vehicle model selected. Upon approval of the Executive Officer, s/he shall provide to the small 

volume manufacturer and to the independent low volume manufacturer the CO2-equivalent value 

for each 2012 model year vehicle model that is approved. The small volume manufacturer and 

independent low volume manufacturer shall calculate an average greenhouse gas emissions value 

for each its greenhouse gas vehicle test groups based on the CO2-equivalent values provided by 

the Executive Officer. 

3. In the 2016 and subsequent model years, a small volume manufacturer and 

an independent low volume manufacturer shall either: 

a. not exceed the fleet average greenhouse gas emissions value calculated for 

each GHG vehicle test group for which a comparable vehicle is sold by a large volume 

manufacturer, in accordance with section 1961.1(a)(1)(D)2; or 

b. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for 

PCs and LDT1s and 361 g/mi for LDT2s and MDPVs; or 

c. upon approval of the Executive Officer, if a small volume manufacturer 

demonstrates a vehicle model uses an engine, transmission, and emission control system that is 

identical to a configuration certified for sale in California by a large volume manufacturer, those 

small volume manufacturer vehicle models are exempt from meeting the requirements in 

paragraphs 3.a. and b. of this section. 

4. If a manufacturer's average annual California sales exceed 4,500 units of 

new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for 

the three previous consecutive model years, the manufacturer shall no longer be treated as a small 

volume manufacturer and shall comply with the fleet average requirements applicable to larger 

volume manufacturers as specified in section 1961.1(a)(1) beginning with the fourth model year 

after the last of the three consecutive model years. 

5. If a manufacturer's average annual California sales exceed 10,000 units of 

new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for 

the three previous consecutive model years, the manufacturer shall no longer be treated as an 
independent low volume manufacturer and shall comply with the fleet average requirements 

applicable to larger volume manufacturers as specified in section 1961.1(a)(1) beginning with the 

fourth model year after the last of the three consecutive model years. 

6. If a manufacturer’s average annual California sales fall below 4,501 units of 

new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for 

the three previous consecutive model years, the manufacturer shall be treated as a small volume 

manufacturer and shall be subject to the requirements for small volume manufacturers beginning 

with the next model year. 

(b) Calculation of Greenhouse Gas Credits/Debits. 

(1) Calculation of Greenhouse Gas Credits for Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Passenger Vehicles. 

(A) In the 2000 through 2008 model years, a manufacturer that achieves fleet 

average Greenhouse Gas values lower than the fleet average Greenhouse Gas requirement 

applicable to the 2012 model year shall receive credits for each model year in units of g/mi 

determined as: 

[(Fleet Average Greenhouse Gas Requirement for the 2012 model year) 

 - (Manufacturer’s Fleet Average Greenhouse Gas Value)] 

x (Total No. of Vehicles Produced and Delivered for Sale 

in California, Including ZEVs and HEVs). 

 (B) In 2009 and subsequent model years, a manufacturer that achieves fleet 

average Greenhouse Gas values lower than the fleet average Greenhouse Gas requirement for the 

corresponding model year shall receive credits in units of g/mi Greenhouse Gas determined as: 

 

[(Fleet Average Greenhouse Gas Requirement) - (Manufacturer’s Fleet Average 

Greenhouse Gas Value)] x (Total No. of Vehicles Produced and Delivered for Sale 

in California, Including ZEVs and HEVs). 

 (2) A manufacturer with 2009 and subsequent model year fleet average 

Greenhouse Gas values greater than the fleet average requirement for the corresponding model 

year shall receive debits in units of g/mi Greenhouse Gas equal to the amount of negative credits 

determined by the aforementioned equation. For the 2009 and subsequent model years, the total 

g/mi Greenhouse Gas credits or debits earned for PCs and LDT1s and for LDT2s and MDPVs 

shall be summed together. The resulting amount shall constitute the g/mi Greenhouse Gas credits 

or debits accrued by the manufacturer for the model year. 

(3) Procedure for Offsetting Greenhouse Gas Debits.

(A) A manufacturer shall equalize Greenhouse Gas emission debits by earning 

g/mi Greenhouse Gas emission credits in an amount equal to the g/mi Greenhouse Gas debits, or 
by submitting a commensurate amount of g/mi Greenhouse Gas credits to the Executive Officer 

that were earned previously or acquired from another manufacturer. A manufacturer shall 

equalize Greenhouse Gas debits for PCs, LDTs, and MDPVs within five model years after they 

are earned. If emission debits are not equalized within the specified time period, the manufacturer 

shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a 

manufacturer which sells a new motor vehicle that does not meet the applicable emission 

standards adopted by the state board. The cause of action shall be deemed to accrue when the 

emission debits are not equalized by the end of the specified time period. For a manufacturer 

demonstrating compliance under Option 2 in subsection 1961.1(a)(1)(A)1., the emission debits 

that are subject to a civil penalty under Health and Safety Code section 43211 shall be calculated 

separately for California, the District of Columbia, and each individual state that is included in the

fleet average greenhouse gas requirements in subsection 1961.1(a)(1)(A)1. These emission debits 

shall be calculated for each individual state using the formula in subsections 1961.1(b)(1)(B) and 

1961.1(b)(2), except that the “Total No. of Vehicles Produced and Delivered for Sale in 

California, including ZEVs and HEVs” shall be calculated separately for the District of Columbia 

and each individual state. 

For the purposes of Health and Safety Code section 43211, the number of passenger cars and 

LDT1s not meeting the state board’s emission standards shall be determined by dividing the total 

amount of g/mi Greenhouse Gas emission debits for the model year calculated for California by 

the g/mi Greenhouse Gas fleet average requirement for PCs and LDTs 0-3750 lbs. LVW 

applicable for the model year in which the debits were first incurred. For the purposes of Health 

and Safety Code section 43211, the number of LDT2s and MDPVs not meeting the state board’s 

emission standards shall be determined by dividing the total amount of g/mi Greenhouse Gas 

emission debits for the model year calculated for California by the g/mi Greenhouse Gas fleet 

average requirement for LDTs 3751 lbs. LVW – 8500 lbs. GVW and MDPVs applicable for the 

model year in which the debits were first incurred.

(B) Greenhouse Gas emission credits earned in the 2000 through 2008 model 

years shall be treated as if they were earned in the 2011 model year and shall retain full value 

through the 2012 model year. Greenhouse Gas emission credits earned in the 2009 and 

subsequent model years shall retain full value through the fifth model year after they are earned. 

The value of any credits earned in the 2000 through 2008 model years that are not used to equalize 

debits accrued in the 2009 through 2012 model years shall be discounted by 50% at the beginning 

of the 2013 model year, shall be discounted to 25% of its original value if not used by the 

beginning of the 2014 model year, and will have no value if not used by the beginning of the 2015 

model year. Any credits earned in the 2009 and subsequent model years that are not used by the 

end of the fifth model year after they are accrued shall be discounted by 50% at the beginning of 

the sixth model year after being earned, shall be discounted to 25% of its original value if not used 

by the beginning of the seventh model year after being earned, and will have no value if not used 

by the beginning of the eighth model year after being earned. 

(c) Test Procedures. The certification requirements and test procedures for 

determining compliance with the emission standards in this section are set forth in the “California 

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in 

section 1961(d). In the case of hybrid electric vehicles and on-board fuel-fired heaters, the 

certification requirements and test procedures for determining compliance with the emission 

standards in this section are set forth in the “California Exhaust Emission Standards and Test 

Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent 

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

Vehicle Classes,” incorporated by reference in section 1962. 

(d) Abbreviations. The following abbreviations are used in this section 1961.1: 

“cc” mean cubic centimeters. 

"CH4" means methane. 

"CO2" means carbon dioxide. 

“E85” means a blend of 85 percent ethanol and 15 percent gasoline. 

“FTP” means Federal Test Procedure. 

"GHG" means greenhouse gas. 

“g/mi” means grams per mile. 

“GVW” means gross vehicle weight. 

“GVWR” means gross vehicle weight rating. 

“GWP” means the global warming potential. 

“HEV” means hybrid-electric vehicle. 

“LDT” means light-duty truck. 

“LDT1” means a light-duty truck with a loaded vehicle weight of 0-3750 pounds. 

“LDT2” means a “LEV II” light-duty truck with a loaded vehicle weight of 3751 pounds to 

a gross vehicle weight of 8500 pounds. 

“LEV” means low-emission vehicle. 

“LPG” means liquefied petroleum gas. 

“LVW” means loaded vehicle weight. 

“MDPV” means medium-duty passenger vehicle. 

“MDV” means medium-duty vehicle. 

“mg/mi” means milligrams per mile. 

“N2O” means nitrous oxide. 

 “PC” means passenger car. 

“SULEV” means super-ultra-low-emission vehicle. 

“ULEV” means ultra-low-emission vehicle. 

“ZEV” means zero-emission vehicle. 

(e) Definitions Specific to this Section. The following definitions apply to this section 

1961.1: 

 (1) “A/C Direct Emissions” means any refrigerant released from a motor vehicle's air 

conditioning system. 

 (2) “A/C Indirect Emissions” means any increase in motor vehicle exhaust CO2

emissions that can be attributed to the operation of the air conditioning system. 
 (3) “GHG Vehicle Test Group” means vehicles that have an identical test group, 

vehicle make and model, transmission class and driveline, aspiration method (e.g., naturally 

aspirated, turbocharged), camshaft configuration, valvetrain configuration, and inertia weight 

class. 

 

(4) “Greenhouse Gas” means the following gases: carbon dioxide, methane, nitrous 

oxide, and hydrofluorocarbons. 

(5) “Grid-Connected Hybrid Electric Vehicle” means a hybrid electric vehicle that has 

the capacity for the battery to be recharged from an off-board source of electricity and has some 

all-electric range. 

(6) “GWP” means the 100-year global warming potential specified in IPCC 

(Intergovernmental Panel on Climate Change) 2000: Emissions Scenarios. N. Nakicenovic et. al. 

editors, Special Report of Working Group III of the IPCC, Cambridge University Press, 

Cambridge UK, ISBN 0-521-80493-0. 

(7) “National greenhouse gas program” means the national program that applies to new 

2012 through 2016 model year passenger cars, light-duty trucks, and medium-duty passenger 

vehicles as proposed by the U.S. Environmental Protection Agency at 74 Fed.Reg. 49454 

(September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page], April 

[insert date], 2010, as incorporated in and amended by the "California Exhaust Emission 

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

Trucks, and Medium-Duty Vehicles.” 

(8) “Normal Operation” of an air conditioning system means typical everyday use of 

the A/C system to cool a vehicle. “Normal Operation” does not include car accidents, dismantling 

of an air conditioning system, or any other non-typical events. 

(9) “Optional GHG Test Vehicle Configuration” means any GHG vehicle 

configuration that is selected for testing by the manufacturer as allowed by section G.2.3 of the 

“California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model 

Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” other than the worst-case 

configuration. 

(10) “Renewable Energy Resource” means a facility that meets all of the criteria set 

forth in Public Resources Code section 25741(a), except that the facility is not required to be 

located in California or near the border of California. 

 

(11) “Variable Displacement Compressor” means a compressor in which the mass 

flow rate of refrigerant is adjusted independently of compressor speed by the control system in 

response to cooling load demand. 
(12) “Variable Speed Compressor” means a compressor in which the mass flow rate of 

refrigerant can be adjusted by control of the compressor input shaft speed, independent of vehicle 

engine speed. For example, a variable speed compressor can have electric drive, hydraulic drive, 

or mechanical drive through a variable speed transmission. 

(13) “Worst-Case” means the vehicle configuration within each test group that is 

expected to have the highest CO2-equivalent value, as calculated in section 1961.1(a)(1)(B)1. 

(f) Severability. Each provision of this section is severable, and in the event that any 

provision of this section is held to be invalid, the remainder of this article remains in full force and 

effect. 

(g) Effective Date of this Section. The requirements of this section 1961.1 shall 

become effective on January 1, 2006. 

Note: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43018.5, 43101, 43104 and 43105, 

Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 

43018.5, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43205, and 43211, Health and Safety

Code. 

.