R-39 REV. 1177 

IMPORTANT: Read Instructions on bottom of 

Certification Page before completing this form . 

Failure to comply with instructions may cause 

disapproval of proposed Regulations. 

NAME OF AGENCY 

Abatement of Air Pollution 

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

Concerning 

Section: 1 

"AT PZEV" means advanced technology partial zero emission 

Section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows : 

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

(a) Definitions and abbreviations! Provided that any term related 

to the administration of the Low Emission Vehicles II 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 as, or hydrogen . . 

[(2)] _(4) 

vehicle . 

[(3)](5) 

[(4)] _(6) 

vehicle, 

air contaminant 

adopted by CARB 

motor vehicles . 

[(5)J (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 . 

[(6)] (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 . 

"CARB" means the California Air Resources Board . 

"Certified" 

motor vehicle 

STATE OF CONNECTICUT Page 1 of 16 pages 

REGULATION 

OF ATTACHEMENT L 

Environmental Protection 

means the finding by CARB that a motor 

engine, or motor vehicle engine family, or 

emission control system has satisfied the criteria 

for the control of specified air contaminants from 

[(7)] (9) "Emission control label" means the permanent stickers 

required by CARB and affixed to all [2008 and subsequent model year] 

passenger cars, [and] light duty trucks[,] and medium-duty vehicles 

certified for sale in California . 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 2 of 16 pages 

REGULATION 

OF 

Environmental Protection 

[(8)] (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) . 

[(9)] (11) "EPA" means the United 9tates Environmental Protection 

Agency . 

[(10)](12) "Executive Order" means an Executive Order of CARB . 

[(11)] (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 . 

[(12)] (14) "Fuel-flexible" means [a methanol-fueled] an alternative 

fuel motor vehicle that is engineered and designed for operation 

using any [gasoline-methanol] 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 . 

[(13)] (17) "Heavy-duty vehicle" means any motor vehicle having a 

manufacturer's gross vehicle weight rating greater than 6,000 

pounds, except passenger cars . 

[(14)] (18) "Hybrid electric vehicle" or "HEV" 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 . 

[(15)] (20) "[Light duty] 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 . 

[(16)] (21) "Loaded vehicle weight" or "LVW" means vehicle 

curb weight plus 300 pounds . 

[(17)] (22) "Low Emission Vehicle II 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 . 
R-39 REV. 1/77 

Section : 1 

STATE OF CONNECTICUT Page 3 of 16 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

[(18)] (24) "Medium-duty vehicle" means "medium-duty vehicle" 

as defined in California Code of Regulations, Title 13, 

section 1900 . [any 2008 and subsequent model year heavy-duty, 

low-emissions, ultra-low-emission, super-ultra-low emission or 

zero-emission vehicle certified to the standards in California 

Code of Regulations, Title 13, section 1961(a)(1) or 1962 

having a manufacturer's gross vehicle weight rating between 

8,501 and 14,000 pounds .] 

[(19)] (25) "Military tactical vehicles and equipment" means 

those vehicles defined by California Code of Regulations, 13, 

section 1905 . 

[(20)] (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 . 

[(21)] (28) "New vehicle" means any passenger car or light duty truck 

with 7,500 miles or fewer on its odometer . 

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

[(23)] (30) "Passenger car" or "PC" means any motor vehicle 

designed primarily for transportation of persons having a 

design capacity of twelve persons or less . 

[(24)] (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 . 

[(25)] (32) "PZEV" means partial ZEV as defined in California 

Code of Regulations, Title 13, section 1962 . 

[(26)] (33) "Small volume manufacturer" means[,] "small volume 

manufacturer" as defined in California Code of Regulations, 

Title 13, section 1900 . [except as otherwise provided in 

California Code of Regulations, Title 13, sections 

1960 .1(g)(2), 1960 .1(h)(2) and 1960 .1(n), any 2001 and 

subsequent model-year manufacturer with California sales less 

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 the three previous 

consecutive model-years for which a manufacturer seeks 

certification ; however, for manufacturers certifying for the 

first time in California, model year sales shall be based on 

projected California sales .] 

(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 . 

[(27)] (35) "Vehicle" means any motor vehicle . 

(36) "VECs" means vehicle equivalent credits . 

[(28)](37) "ZEV" means a zero emission vehicle . 

(b) Applicability . 

(1) This section shall apply to all 2008 and subsequent model year 

passenger cars and light duty trucks sold, leased, offered for sale 
R-39 REV. 1177 

Section : 1 

STATE OF CONNECTICUT Page 4 of 16 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

or lease, imported, delivered, purchased, rented, acquired or 

received, in the State of Connecticut except that this [section] 

subdivision shall not apply to those vehicles listed in subsection 

(d) of this section . 

(2) This section shall apply to all 2009 and subsequent model year 

medium-duty 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 . 

(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 all 2009 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 [vehicle] 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) or 1962(a) ; 

(B) The emission control label or smog index 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 ; [and] 

(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[ .] ; and 

(H) The greenhouse gas emission standards set forth in the 

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

(2) ZEV mandate . 

(A) Beginning with 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, [and] banking , and travel provisions, set forth 
R-39 REV. 1/77 

Section : 1 

STATE OF CONNECTICUT Page 5 of 16 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

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 . [If a manufacturer opts to utilize 

the alternative compliance mechanisms set forth in 

subsection (m) of this section, such manufacturer shall 

notify the commissioner in writing by March 1, 2005 .] 

(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 . 

(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), [and] (k) , and (n) of this 

section . 

(d) Exemptions . (1) The following vehicles shall not be subject 

to this section : 

((1)](A) A vehicle transferred by inheritance ; 

[(2)] (B) A vehicle transferred by decree of divorce, dissolution or 

legal separation entered by a court of competent jurisdiction ; 

[(3)] (C) A vehicle purchased by a nonresident prior to establishing 

residency in the State of Connecticut ; 

[(4)] (D) A vehicle sold for the purpose of being wrecked or 

dismantled ; 

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

[(6)](F) A vehicle sold for registration out of state ; 

[(7)](G) A vehicle sold designed exclusively for off-highway use ; 

[(8)] (H) 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 ; 

[(9)](I) An emergency vehicle ; 

[(l0)](J) A military tactical vehicle ; 

[(11)] (K) A vehicle exempted by California Health and Safety Code, 

section 43656 ; or 

[(12)] (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 II standard for oxides of nitrogen 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 6 of 16 pages 

REGULATION 

OF 

Environmental Protection 

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 : 
R-3,9 REV. 1/77 STATE OF CONNECTICUT Page 7 of 16 pages 

REGULATION 

OF 

Section : 1 

NAME OF AGENCY 

Environmental Protection 

Table 36b-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference , Title 13 CCR Title Section 

Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions [12/19/03] I 

08/04/05 ' 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New V9hicles) 

Section 1956 .8(g) Exhaust Emission Standards and 12/14/03 

and (h) Test Procedures - 1985 and 

Subsequent Model Heavy Duty 

Engines and Vehicles 

Section 1960 .1 Exhaust Emission Standards and 10/16/02 

Test Procedures - 1981 and 

through 2006 Model Passenger 

Cars, Light-Duty and Medium-Dut 

Vehicles 

Section 1961 Exhaust Emission Standards and 12/04/03 

Test Procedures - 2004 and 

Subsequent Model Passenger Cars, 

Light-Duty Trucks and MediumDuty Vehicles 

Section 1961 .1 Greenhouse Gas Exhaust Emission 08/04/05 

Standards and Test Procedures - 

2009 and Subsequent Model 

Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles . 

Section 1962 Zero Emission Vehicle Standards 12/19/03 

for 2005 and Subsequent Model 

Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles 

Section 1965 Emission Control and Smog Index 12/04/03 

Labels - 1979 and Subsequent 

Model Year Vehicles 

Section 1968 .1 Malfunction and Diagnostic 11/27/99 

System Requirements - 1994 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968 .2 Malfunction and Diagnostic 04/21/03 

System Requirements - 2004 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968 .5 Enforcement of Malfunction and 04/21/03 

Diagnostic System Requirements 

for 2004 and Subsequent Model 

Year Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicle 

and Engines 

Section 1976 Standards and Test Procedures 11/27/99 

for Motor Vehicle Fuel 

Evaporative Emissions 

Section 1978 Standards and Test Procedures 11/27/99 

for Vehicle Refueling Emissions 

Article 6 Emission Control System Warranty 

Section 2035 Purpose, Applicability and 12/26/90 

Definitions 

~Section 2036 Defects Warranty Requirements 5/15/99 
R-39 REV. 1/77 

Section : 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 8 of 16 pages 

REGULATION 

OF 

Environmental Protection 

for 1979 through 1989 Model Yea 

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 11/27/99 

for 1990 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 11/27/99 

Requirements for 1990 and 

Subsequent Model Year Passenger 

Cars, Light-Dutv Trucks and 

Medium-Duty Vehicles and Motor 

Vehicle Engines Used in Such 

Vehicles 

Section 2039 Emission Control System Warrant 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 11/27/99 

1 1998 and Subsequent Model-years . 

Article 2 Enforcement of New and In-use Vehic le Standards 

Section 2101 Compliance Testing and 11/27/99 

Inspection - New Vehicle 

Selection, Evaluation and 

Enforcement Action . 

Section 2109 New Vehicle Recall Provisions . 11/27/99 

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

Line Quality 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 'i 

Recalls . 

Section 2111 Applicability. 8/21/02 

Section 2112 Definitions . 11/15/03 

Appendix A to Article 2 .1 . 11/15/03 

Section 2113 Initiation and Approval of 1/26/95 

Voluntary and Influenced 

Recalls . 

Section 2114 Voluntary and Influenced Recall 11/27/99 

Plans . 

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 

Section 2119 Record keeping and Reporting 11/27/99 

Requirements . 

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

Article 2 .2 Procedures for In-Use Vehicle ordered Recalls . 

Section 2122 General Provisions . 1/26/95 

Section 2123 Initiation and Notification of 1/26/95 

Ordered Emission-Related 

Recalls . 

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

Section 2125 Ordered Recall Plan . 1/26/95 

Section 2126 Approval and Implementation of 1/26/95 

_ _ --- 

Recall Plan . 

,Section 2127 Notification of owners . 1/26/95 
R-39 REV. 1i77 STATE OF CONNECTICUT Page 9 of 16 pages 

REGULATION 

OF 

Section : 

NAME OF AGENCY 

Environmental Protection 

Section 2128 Repair 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 

Requirements . 

1/26/95 

Section 2135 Extension of Time . 1/26/95 

Article 2 .3 In-Use Vehicle Enforcement Test Procedures . 

Section 2136 General Provisions . 1/26/95 

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 Repor^ting Failure of Emission-Related 

Components . 

Section 2141 General Provisions . i2/28/00 

Section 2142 Alternative Procedures . 2/23/90 

Section 2143 Failure Levels Triggering 

Recall . 

11/27/99 

Section 2144 Emission Warranty 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 wit 

Emission Standards . 

8/21/02 

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

Section 2149 Notification of Subsequent 

Action . 

2/23/90 

Chapter 4 .4 Specifications for Fill Pipes and Openings of Motor 

Vehicle Fuel Tanks . 

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 [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 . 

[(2)] (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 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 10 of 16 pages 

REGULATION 

OF 

Environmental Protection 

vehicles delivered for sale in the State of Connecticut, when the 

manufacturer submits its annual NMOG fleet average report . 

[(3)] (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 (b) (1) 1 1961 (c) . 

[(4)] (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 16` of the calendar year succeeding the end of the 

model year . Commencing with the 2009 model year, such report shall 

include medium-duty vehicles . 

[(5)] (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 commissioner, [within sixty (60) days subsequent to 

the end of each model year] by March ie` 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 manufacturer shall 

submit annually to the Department, [within sixty (60) days 

subsequent to the end of each model year] by March l8t 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 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 11 of 16 pages 

REGULATION 

OF 

Environmental Protection 

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 de livered 

for sale in the State of Connecticut, using the same format used to 

report such information to CARB . Such report shall be fi led with 

the commissioner by March 18 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) o f this 

section, delineated by model type, delivered for sale into the Stat e 

of Connecticut . 

(h) Fleet average enforcement . 

H 

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 . 

(3) Offset vehicle reporting . Commencing with the 2008 model year, 

by March ist 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 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 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 . 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 12 of 16 pages 

REGULATION 

OF 

Environmental Protection 

(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, and 2135 through 2149, 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 or 2127, provided that such notice shall contain a 

telephone number appropriate for use by vehicle owners or operators 

in the State of Connecticut . 

(1) 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 II program and subsequent greenhouse gas 

requirements in the State of Connecticut . Table [36b-3] 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 . 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 13 of 16 pages 

REGULATION 

OF 

Environmental Protection 

(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 . [A manufacturer who elects to follow an alternative 

compliance path set forth in either subdivision (2) or (3) of this 

subsection shall notify the commissioner of the elected compliance 

path by March 1, 2005 .] 

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

introduction into Connecticut of PZEVs, AT PZEVs and ZEVs [beginning 

with 2004 model year] 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 [placed 

in service pursuant to the California Alternative 

Requirements for Large Volume Manufacturers as identified 

in the California Code of Regulations, Title 13, section 

1962 (b) (2) (B) ] . 

Table 36b-2 

Connecticut Multiplier 

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 

Introduction 

2008 Mandatory 1 .15 1 .3 1 .5 

Compliance 

2009 Equivalency with 1 1 1 

California 

Program 

(C) Connecticut ZEV credit use, life, banking and trading 

will be calculated as per California Code of Regulations, 

Title 13, section 1962 . 

Each manufacturer operating under this alternative 

compliance path shall submit a compliance report to the 

commissioner along with annual sales reports no later 

than [March 318t] May let following the completed model 

year . The compliance report shall include vehicle sales 

organized by engine family and identify the number and 

type of Connecticut [ZEV] credits earned . Such report 

may be amended based on late sales . 

(D) 

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 [placed 

in service pursuant to California Code of Regulations, 

(E) 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 14 of 16 pages 

REGULATION 

OF 

Environmental Protection 

Title 13, section 1962(b)(2)(B)], 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 [a] ZEV 'compliance [account] 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 II ZEVs, 

Type III ZEVs, transportation system and extended 

service . [In] 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 manuf$acturer'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 [on January 1, 2008 .] 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 LDTls produced and delivered for sale in Connecticut to the 

combined average number of PCs and LDTis 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 LDTls 

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 [May] 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 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 [March] May 1, 2008, provide the commissioner with 

either : [the total number of vehicles sold in Connecticut 

and California for a three-year period prior to January 

1, 2008 ;] 

(i) the total number of PC and LDT1 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 . 

(B) (i) 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 . 
R~.39 REV. 1/77 STATE OF CONNECTICUT Page 15 of 1s pages 

REGULATION 

OF 

Section : 1 

NAME OF AGENCY 

(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 . 

Environmental Protection 

[(B)I (C) By [March] May 1, 2008, provide the commissioner 

with the total number of banked California ZEV credits 

[as of January 1, 2008] after all 2007 model year and 

earlier obligations have been satisfied in California ; 

and 

[(C)I (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 [pfaced in service pursuant to 

California Code of Regulations, Title 13, section 

1962(b)(2)(B)], 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 . 

(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 : To revise section 22a-174-36b of the Regulations of Connecticut 

State Agencies to make minor technical corrections and clarifications, to adopt LEV II 

emission standards and related provisions for medium-duty vehicles commencing with the 

2009 model year, to adopt LEV II greenhouse gas emission standards and related provisions 

for passenger cars, light duty trucks and medium-duty passenger vehicles commencing with 

the 2009 model year in accordance with section 177 of the federal Clean Air Act and 

Connecticut Public Act 04-84; and to provide additional clarification and flexibility with 

respect to the implementation of the zero emission vehicle program in Connecticut. 
CERTIFICATION 

R-39 REV. 1/77 

Be it known that the foregoing : 

® Regulations ~ Emergency Regulations 

Are: 

El Adopted ® Amended as herinabove stated 0 Repealed 

By the aforesaid agency pursuant to: 

15~ Section 

A Section 

22a-6 of the General Statutes 

F~ Public Act No. of the Public Acts . 

After Publication in the Connecticut Law Journal on July 19th 20 05 , of the notice of the proposal to: 

F~ Adopt ® Amend ORepeal such regulations 

(If applicable) : ® And the holding of an advertised public hearing on the 

WHEREFORE, the foregoing regulations are hereby : 

F~ Adopted ® Amended as herinabove stated 0 Repealed 

Effective: 

® When filed with the Secretary of the State 

(OR) 

F-1 The day of 

In Witness Whereof: 

G Commissioner 

20 

25m 

CA 

m 

rnn 

rni~ 

rs .. .-

N 

.v 

A Tt / ED (1-lea o gen or ommiss n " FFICIAL TITLE, !)ULYX0TRi= 

Approved by the Attorney General as to legal sufficiency 

in accordance with Sec. 4--169, as amended, C.G.S . : 

Page 16 of 16 pages 

day of Aug. 20 05 

0 

r 

~1Afpprovec~.. 

~ Disapproved 

~ Disapproved in part, (Indicate Section Numbers disapproved only) 

7 Rejected without prejudice. 

By the Legislative Regulation Review Committee in accordance 

with Sec. 4-170, as amended, of the General Statues 

DUCYAOTR6kIZE[S 

/ Z..3 

e eg, a,tion i eview ommittee 

`` L 

Two certified copies received and filed, and one such copy forwarded to the Co 

accordance with Section 4-172, as amended, of the General Statutes . 

ion on Official Legal Publications in 

' ` ' SIGNED (Secretary o the tare . 

INSTRUCTIONS 

GJ1 . One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Attorney General for his determination of legal sufficiency. Section 4-169 of the General Statutes . 

2 . Seventeen copies of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the standing Legislative Regulation Review Committee for its approval . Section 4-170 of the General Statues 

3. Each Regulation must be in the form intended for publication and must include the appropriate regulation section number and section heading . Section 4-172 of the General Statutes . 

r -V~ 

22a-174g of the General Statutes as amended by Public Act No. 84 of the 2004 Public Acts. 

. Indicate by "(NEW)" in heading if new regulation . Amended regulations must contain new language in capital letters and deleted language in brackets . Section 4-179 of the General Statutes.