R-39REV

. 1/77 IMPORTANT

: Read Instructionson bottomof Certification Pagebeforecompletingthisform

. Failuretocomplywith instructions maycause disapprovalofproposed Regulations

. NAMEOFAGENCY 

## STATE OFCONNECTICUT Page1 of 12pages



# REGULATION

OF Environmental Protection

Concerning 

## ATTACHEMENT K

AbatementofAirPollution AdoptionofSection22a-174-36b -California Low .EmissionVehiclesII AmendmentofSection22a-174-36-Low EmissionVehicles Section: 1 The Regulations of Connecticut State Agencies are amended by adding newsection 22a-174-36b as follows: 

### (NEW) Section 22a-174-36b. LowEmission Vehicles II Program . (a) Definitions and abbreviations. Provided that any term related to the administration of the LowEmission 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 fromthe motor vehicle or motor vehicle engine, or systemor engine modification on a motor vehicle or motor vehicle engine which causes a reduction of air contaminants emitted fromthe motor vehicle or motor vehicle engine, including but not limited to exhaust control systems, fuel evaporation control systems, and crankcase ventilating systems . (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 systemhas satisfied the criteria adopted by CARB for the control of specified air contaminants frommotor 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 fromall vehicles that are subject to this section, sold in the State of Connecticut in any model year .R-39REV. 1/77



### Section: 1 NAMEOFAGENCY 

## STATEOFCONNECTICUT Page2of12pages 

# 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 programin 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) "Newvehicle" 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 newpassenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles andR-39REV. 1177



### Section: 1 

## STATE OF CONNECTICUT Page3of12pages 

# REGULATION

OF NAMEOFAGENCY

## 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 new2008 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-39REV

. 1177



### Section: 1 NAMEOFAGENCY 

## STATE OF CONNECTICUT Page4of12pages 

# 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 fromone 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 new2008 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 

### (NewVehicles) 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 10/16/02R-39REV. 1/77



### Section: 1 NAMEOFAGENCY 

## STATE OF CONNECTICUT Page5of12pages 

# 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 SystemRequirements 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 7 

### Vehicle Refueling Emissions Article 6 Emission Control SystemWarranty 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 SystemWarranty 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 111/27/99R-39REV. 1177



### Section: 1 NAME OFAGENCY 

## STATE OF CONNECTICUT Page6of12pages 

# REGULATION

OF Environmental Protection 1998 and Subsequent Model-years. Article 2 Enforcement of Newand In-use Vehicle Standards Section 2101 Compliance Testing and Inspection - NewVehicle Selection, Evaluation and Enforcement Action. 

### 11/27/99

Section 2109 NewVehicle 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 2/23/90R-39REV

. 1/77



### Section: 1 NAMEOFAGENCY 

## STATE OF CONNECTICUT Page7of12pages 

# 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 inR-39REV

. 1/77



### Section: 1 NAMEOFAGENCY 

## STATE OF CONNECTICUT Page8of12pages 

# 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 newmotor 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 fromCARB. To the extent such reports are available electronically, the manufacturer shall submit such records in an electronic format acceptable to the commissioner . (2) For the purposes of determining compliance with this section, the commissioner may require 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 systemwarranty 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 orR-39REV. 1/77



### Section: 1 NAMEOFAGENCY 

## STATEOFCONNECTICUT Page9of12pages 

# 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 followan 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 .5R-39REV

. 1/77



### Section: 1 NAMEOFAGENCY 

## STATE OF CONNECTICUT Page 10of12pages 

# 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-39REV. 1177



### Section: 

### 2 Sec. 2 

## STATE OF CONNECTICUT Page11 of12pages



# REGULATION

OF NAMEOFAGENCY 

## Environmental Protection

Sections 22a-174-36 of the Regulations of Connecticut State Agencies is amended by adopting newsubsection (i) as follows : (New) (i) Repeal provision. The California LowEmission 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 LowEmission Vehicle II program, including all "zero emission vehicle" programelements, 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 itknownthattheforegoing: ®Regulations Are: ® Adopted 

### 0Emergency Regulations

® Amended as herinabovestated Bytheaforesaid agency pursuantto: 0Repealed Z Section 22a-6 ofthe General Statutes v~j Section 22a-174g oftheGeneralStatutes asamended byPublicAct No. 84 ofthe 2004 PublicActs. DPublicAct No. ofthe PublicActs. AfterPublicationintheConnecticut Law Journalon Mar. 30tth 20 04 , ofthe noticeofthe proposal to: ® Adopt ®

Amend ORepeal such regulations (Ifapplicable): ® Andtheholding ofan advertised public hearing on the WHEREFORE, theforegoing regulationsare hereby: ® Adopted ®

Amended as herinabovestated 0Repealed Effective: ® WhenfiledwiththeSecretaryofthe State (OR) 0 The InWitnessWhereof: dayof

Approved bytheAttorney Generalasto legal sufficiency inaccordancewith Sec. 4--169, as amended, C .G.S.: ~Approvedk Ol "Disappro/ved 

## / 20 7crh



# 0

ElDisapproved inpart, (Indicate SectionNumbersdisapprovedonly) F-1 Rejectedwithoutprejudice. By the Legislative Regulation Review Committee inaccordance with Sec. 4-170, as amended, ofthe General Statues DATE - 

# III-z"It,L, Page 12 of 12 pages



### dayof May 20 04

Actin 

## G 0 burvxoraa~6 

### Commissioner 6o[v~m7r~sa Assoc, A'fty, Cenerc,

SIGNER(Clerkoft e egs/we egu7~-ionReview ommittee Twocertified copies received andfiled, and onesuch copyforwarded tothe Comhnissio onOfficial Legal Publicationsin accordancewith Section 4-172, as amended, ofthe General Statutes. E SIGNED(Secretary o the tata. INSTRUCTIONS 1.Onecopyofall regulationsforadoption,amendmentorrepeal, exceptemergencyregulations, must bepresentedtotheAttorney Generalforhisdeterminationoflegalsufficiency. Section 4-169oftheGeneral Statutes. 2.Seventeencopiesofallregulationsforadoption,amendmentor repeal, exceptemergencyregulations, must bepresentedtothe standing Legislative Regulation ReviewCommitteeforitsapproval . Section4-170oftheGeneral Statues 3 . Each Regulation must be intheformintendedforpublicationand must includethe appropriateregulation sectionnumber andsection heading. Section 4-172of theGeneral Statutes. *. Indicateby'g4EW)4,in heading if new regulation. Amended regulations mustcontainnew languagein capital lettersand deletedlanguage In-brackets. Section 4-179oftheGeneral Statutes.

r. , _ . .L

. . ' C-3

1 .,7