R-39 REV. 1/77 

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 

STATE OF CONNECTICUT Page 1 of 12 pages 

REGULATION 

OF 

Environmental Protection 

Concerning 

ATTACHEMENT K 

Abatement of Air Pollution 

Adoption of Section 22a-174-36b - California Low. Emission Vehicles II 

Amendment of Section 22a-174-36 - Low Emission Vehicles 

Section: 1 

The Regulations of Connecticut State Agencies are amended by adding 

new section 22a-174-36b as follows : 

(NEW) 

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) "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 . 

(2) 

(3) 

(4) 

"AT PZEV" means advanced technology partial zero emission vehicle . 

"CARB" means the California Air Resources Board. 

"Certified" means the finding by CARB that a motor vehicle, motor 

vehicle engine, or motor vehicle engine family, or air contaminant emission 

control system has satisfied the criteria adopted by CARB for the control 

of specified air contaminants from motor vehicles . 

(5) "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) "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 . 

(7) "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, certified for sale in California . 

(8) "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) 

(10) 

"EPA" means the United States Environmental Protection Agency . 

"Executive Order" means an Executive Order of CARB . 

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

vehicle emissions of all non-methane organic gases from all vehicles that 

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

year . 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 2 of 12 pages 

REGULATION 

' OF 

Environmental Protection 

(12) "Fuel-flexible" means a methanol-fueled motor vehicle that is 

engineered and designed for operation using any gasoline-methanol fuel 

mixture or blend . 

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

gross vehicle weight rating greater than 6,000 pounds, except passenger 

cars . 

(14) "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 . 

(15) "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) "Loaded vehicle weight" or "LVW" means vehicle curb weight plus 

300 pounds . 

(17) "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 . 

(18) "Medium-duty vehicle" means 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) "Military tactical vehicles and equipment" means those vehicles 

defined by California Code of Regulations, Title 13, section 1905 . 

(20) "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 . 

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

miles or fewer on its odometer . 

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

(23) "Passenger car" or "PC" means any motor vehicle designed 

primarily for transportation of persons having a design capacity of 

twelve persons or less . 

(24) "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) "PZEV" means partial ZEV as defined in California Code of 

Regulations, Title 13, section 1962 . 

(26) "Small volume manufacturer" means, 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 
R-39 REV. 1177 

Section : 1 

STATE OF CONNECTICUT Page 3 of 12 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

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 . 

(27) "Vehicle" means any motor vehicle . 

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

(b) Applicability . This section shall apply to all 2008 and subsequent model year passenger cars and light duty trucks sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired or received, in the State of Connecticut except that this section 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 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 . 

(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 provisions, set 

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

1962 using Connecticut specific vehicle numbers . 

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

compliance with the requirements of subparagraph (A) of this 

subdivision, an automobile manufacturer may instead opt to 

comply with the provisions of subsection (m) of this section. 

If a manufacturer opts to util.ize the alternative compliance 

mechanisms set forth in subsection (m) of this section, such 

manufacturer shall notify the commissioner in writing by March 

1, 2005 . 
R-39 REV. 1177 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 4 of 12 pages 

REGULATION 

OF 

Environmental Protection 

(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) of this section . 

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

section : 

(1) A vehicle transferred by inheritance ; 

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

separation entered by a court of competent jurisdiction ; 

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

the State of Connecticut ; 

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

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

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

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

(8) 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) An emergency vehicle ; 

(10) A military tactical vehicle ; 

(11) A vehicle exempted by California Health and Safety Code, section 

43656 ; or 

(12) 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 . 

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

Each manufacturer and each new 2008 and subsequent model year passenger car 

and light-duty truck that is subject to this section shall comply with each 

applicable standard set forth in Table 36b-1 and incorporated by reference 

herein : 

Table 36b-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference 

Title 13 CCR Title Section 

Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions 12/19/03 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New Vehicles) 

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 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 5 of 12 pages 

REGULATION 

OF 

Environmental Protection 

Test Procedures - 1981 and 

through 2006 Model Passenger 

Cars, Light-Duty and Medium-Duty 

Vehicles 

Section 1961 Exhaust Emission Standards and 12/04/03 

Test Procedures - 2004 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 System 11/27/99 

Requirements - 1994 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

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

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 Vehicles 

and Engines 

Section 1976 Standards and Test Procedures for 11/27/99 

Motor Vehicle Fuel Evaporative 

Emissions 

Section 1978 Standards and Test Procedures 

71 

7/99 

Vehicle Refueling Emissions 7 

Article 6 Emission Control System Warranty 

Section 2035 Purpose, Applicability and 12/26/90 

Definitions 

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

1979 through 1989 Model Year 

Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles ; 1979 

and Subsequent Model Year 

Motorcycles and Heavy-Duty 

Vehicles ; and Motor Vehicle 

_ Engines Used in Such Vehicles . 

Section 2037 Defects Warranty Requirements for 11/27/99 

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 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 2039 Emission Control System Warranty 12/26/90 

Statement . 

Section 2040 Vehicle Owner obligations 12/26/90 

Section 2046 Defective Catalyst 1/16/79 

Chapter 2 Enforcement of Vehicle Emission Standards 

and Enforcement Testing . 

Article 1 Assembly Line Testing . 

Section 2062 TAssembly-line Test Procedures 111/27/99 
R-39 REV. 1177 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 6 of 12 pages 

REGULATION 

OF 

Environmental Protection 

1998 and Subsequent Model-years . 

Article 2 Enforcement of New and In-use Vehicle Standards 

Section 2101 Compliance Testing and Inspection 

- New Vehicle Selection, 

Evaluation and Enforcement 

Action . 

11/27/99 

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

Section 2110 

_ 

Remedial Action for Assembly-Line 

Quality Audit Testing of Less 

than a Full Calendar Quarter of 

Production Prior to the 2001 

Model-Year . 

11/27/99 

Article 2 .1 Procedures for In-Use Vehicle Voluntary and Influenced 

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 

Voluntary and Influenced Recalls . 

1/26/95 

Section 2114 Voluntary and Influenced Recall 

Plans . 

11/27/99 

Section 2115 Eligibility for Repair . 1/26/95 

Section 2116 Repair Label . 1/26/95 

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

Section 2118 Notification . 1/26/95 

Section 2119 Record keeping and Reporting 

Requirements . 

11/27/99 

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

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

Section 2122 General Provisions . 1/26/95 

Section 2123 Initiation and Notification of 

Ordered Emission-Related - Recalls . 

1/26/95 

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

Section 2125 Ordered Recall Plan . 1/26/95 

Section 2126 Approval and Implementation of 

.Recall Plan . 

1/26/95 

Section 2127 Notification of Owners . 1/26/95 

Section 2128 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 Reporting Failure of Emission-Related 

Components . 

Section 2141 General Provisions . 12/28/00 

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 with 

Emission Standards . 

8/21/02 

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

Section 2149 Notification of Subsequent 2/23/90 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 7 of 12 pages 

REGULATION 

OF 

Environmental Protection 

Action . 

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) The fleet average NMOG gas emission values from passenger cars and 

light-duty trucks 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) . 

(2) A manufacturer that certifies vehicles equipped with direct ozone 

reduction technologies is eligible to receive NMOG credits for use in fleet 

average compliance determinations . A manufacturer shall submit to the 

commissioner a CARB Executive Order, obtained in accordance with California 

Code of Regulations Title 13 ; section 1960 .1(g)(1), which shall determine 

the value of such credits for vehicles delivered for sale in the State of 

Connecticut, when the manufacturer submits its annual NMOG fleet average 

report . 

(3) 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) . 

(4) 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 1St of the calendar year 

succeeding the end of the model year . 

(5) 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, a report 

documenting total deliveries for sale of vehicles in each engine family 

over that model year in the State of Connecticut . 

(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, a report which demonstrates that such manufacturer has met the 

fleet average emissions requirements for its fleet delivered for sale 

in Connecticut . 

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

model year, each manufacturer shall submit, to the Department, a projection 

of the fleet average emissions for vehicles to be delivered for sale in 

Connecticut during such model year . 

(h) Fleet average enforcement . 

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

thereafter, the report issued by a manufacturer pursuant to subsection (g) 

of this section demonstrates noncompliance with the fleet average emission 

standards incorporated by reference into this section and set forth in 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 8 of 12 pages 

REGULATION 

OF 

Environmental Protection 

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 . 

(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 lst 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, each manufacturer shall provide a warranty to 

the ultimate purchaser and each subsequent purchaser that complies with the 

requirements set forth in California Code of Regulations, Title 13, 

sections 2035 through 2038, 2040 and 2046 . 

(2) For all 2008 and subsequent model year vehicles subject to the 

provisions of this section, 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, 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 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 9 of 12 pages 

REGULATION 

OF 

Environmental Protection 

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 . Table 36b-3 

lists the sections of Title 13, California Code of Regulations incorporated 

by reference and the respective amended date for each section . 

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

Regulations incorporated by reference in this section are available by 

contacting : 

Connecticut Department of Environmental Protection 

Bureau of Air Management 

Planning & Standards Division 

79 Elm Street 

Hartford, Connecticut 06106 

(860) 424-3027 

(3) For purposes of applying the incorporated sections of the California 

Code of Regulations, unless clearly inappropriate, "California" shall mean 

"Connecticut ." 

(m) Alternative compliance mechanisms . 

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

requirements of subsection (c)(2) of this section, proceed in accordance 

with the provisions of subdivision (2) or (3) of this subsection . 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 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 
R-39 REV. 1/77 

Section : 1 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 10 of 12 pages 

REGULATION 

OF 

Environmental Protection 

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 . 

(D) Each manufacturer operating under this alternative compliance 

path shall submit a compliance report to the commissioner along 

with annual sales reports no later than March 31't following the 

completed model year . The compliance report shall include 

vehicle sales organized by engine family and identify the number 

of Connecticut ZEV credits earned . Such report may be amended 

based on late sales . 

(E) Each manufacturer operating under this alternative compliance 

path shall make available for purchase or lease in Connecticut 

any advanced technology vehicle models, including all ZEVs 

except type III ZEVs placed in service pursuant to California 

Code of Regulations, 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 compliance 

account for each manufacturer and allocate the credits earned to 

such compliance account . In the event that the number of 

credits earned under this subdivision is less than the number of 

credits that would have been awarded to a manufacturer under 

subdivision (3) of this subsection, the commissioner shall 

calculate the difference and apply a number of credits equal to 

such difference to such manufacturer's compliance account . 

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

proportionally equivalent to the number of ZEV credits possessed by the 

requesting manufacturer for use in the State of California on January 1, 

2008 . The commissioner shall notify such manufacturer of the number of ZEV 

credits available for use by May 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 1, 2008, provide the commissioner with the total number 

of vehicles sold in Connecticut and California for a three-year 

, 

period prior to January 1, 2008 ; 

(B) By March 1, 2008, provide the commissioner with the total number 

of banked California ZEV credits as of January 1, 2008 ; 

(C) 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 placed 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 . 
R-39 REV. 1177 

Section : 2 

Sec . 2 

STATE OF CONNECTICUT Page 11 of 12 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

Sections 22a-174-36 of the Regulations of Connecticut State Agencies is 

amended by adopting new subsection (i) as follows : 

(New) 

(i) Repeal provision. The California Low Emission Vehicle, National Low 

Emission Vehicle and all related provisions in this section shall not be 

effective for 2008 and subsequent model year passenger cars and light duty 

trucks . 

Statement of Purpose : 

To repeal the: provisions of section 22a-174-36 and to adopt the California 

Low Emission Vehicle II program, including all "zero emission vehicle" 

program elements, in accordance .with section 177 of the Clean Air Act 

commencing with 2008 model year vehicles as required by Public Act 04-84 . 
CERTIFICATION 

R-39 .REV. 1177 

Be it known that the foregoing : 

® Regulations 

Are: 

® Adopted 

0 Emergency Regulations 

® Amended as herinabove stated 

By the aforesaid agency pursuant to: 

0 Repealed 

Z Section 22a-6 of the General Statutes 

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

D Public Act No. of the Public Acts. 

After Publication in the Connecticut Law Journal on Mar. 30tth 20 04 , of the notice of the proposal to : 

® Adopt ® Amend ORepeal such regulations 

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

WHEREFORE, the foregoing regulations are hereby: 

® Adopted ® Amended as herinabove stated 0 Repealed 

Effective: 

® When filed with the Secretary of the State 

(OR) 

0 The 

In Witness Whereof: 

day of 

Approved by the Attorney General as to legal sufficiency 

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

~Approved k 

Ol "Disappro/ved 

/ 

20 

7crh 

0 

ElDisapproved in part, (Indicate Section Numbers disapproved only) 

F-1 Rejected without prejudice. 

By the Legislative Regulation Review Committee in accordance 

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

DATE - 

III -z" It,L, 

Page 12 of 12 pages 

day of May 20 04 

Actin 

G 

0 

burvxoraa~6 

Commissioner 

6o[v~m7r~sa 

Assoc, A'fty, Cenerc, 

SIGNER (Clerk oft e egs/we egu7~-ion Review ommittee 

Two certified copies received and filed, and one such copy forwarded to the Comhnissio on Official Legal Publications in 

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

E SIGNED (S ecretary o th e tata. 

INSTRUCTIONS 

1 . 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 . 

*. Indicate by'g4EW)4, 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 . r. , _ . .L 

. . ' C-3 

1 

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