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State of California 

AIR RESOURCES BOARD 

Notice of Public Availability of Modified Text 

PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2008 AMENDMENTS 

TO THE CALIFORNIA ZERO EMISSION VEHICLE REGULATION 

Public Hearing Date: March 27, 2008 

Public Availability Date: July 25, 2008 

Deadline for Public Comment: August 15, 2008 

At its March 27, 2008 public hearing, Air Resources Board (ARB or the Board) 

approved staff’s proposed amendments with modifications to title 13, California 

Code of Regulations (CCR), sections 1900, 1961, 1962, 1962.1 and associated 

test procedures. The Board also approved with modifications the adoption of the 

new title 13, CCR, section 1962.1 and its new associated test procedures. 

These regulations relate to the Board’s Zero Emission Vehicle (ZEV) program 

which requires auto manufacturers to develop and commercialize ZEV 

technologies. The Board’s directed modifications to staff’s original proposal will 

bring between 25,000 to 66,000 ZEVs and enhanced advanced-technology 

partial ZEVs (Enhanced AT PZEV) to market during the 2012 to 2014 timeframe, 

while reducing criteria pollutants and climate change emissions. 

The Board’s Action:

At the hearing, the Board adopted Resolution 08-24, approving along with other 

modifications, the amended regulations originally proposed in the Staff Report 

released on February 8, 2008. The Board’s modifications respond to comments 

received during the 45-day public comment period as well as comments and 

testimony received at the public hearing. The modifications include 

(1) increasing flexibility within the regulation by allowing auto manufacturers to 

meet their ZEV or gold requirement by producing their portion of a minimum 

number (7,500) of ZEVs and backfilling the rest of their requirement with 

Enhanced AT PZEVs (up to 58,000) during the 2012 to 2014 timeframe, 

(2) creating a higher credit earning ZEV type, and (3) directing full transparency 

within the ZEV credit bank, including trades between manufacturers beginning 

with 2010 model year (MY). 

The Board also directed staff to consider additional items and make modifications 

as appropriate in the Executive Officer’s discretion, including (1) granting 

additional credit to a plug-in hybrid electric vehicle (PHEV) that could drive the 

US06 cycle on electricity, (2) reviewing the comments submitted on March 26, 

2008, by the Union of Concerned Scientists and the Natural Resources Defense 

Council as well as other non-governmental organizations (NGO), (3) applying a 

multiplier to ZEV credits earned during the 2009 to 2011 timeframe by 
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intermediate volume manufacturers (IVM) to meet non-gold obligations, and 

(4) allowing IVMs to accrue gold credits for use up to three years after the 

transition to large volume manufacturer (LVM) status. 

In Resolution 08-24, the Board further directed the Executive Officer to 

incorporate the approved modifications into the regulatory text, with such other 

conforming modifications as may be appropriate, and to make the modified text 

available for a supplemental comment period. 

Modified Text Being Made Available

Staff has prepared regulatory text that includes the Board’s approved and 

directed modifications and other conforming modifications needed to clarify 

regulatory intent and harmonize the regulatory provisions as directed by the 

Board. Attachment A includes the technical modifications that staff suggested 

and made available at the public hearing. Attachment B presents staff’s 

proposed revised regulatory text reflecting Attachment A’s technical 

modifications, modifications directed by the Board, and staff’s additional 

conforming modifications for clarity and harmonization with the Board’s direction. 

Attachment C presents staff’s assessment, as the Board directed, of each of the 

nine “loopholes,” submitted on March 26, 2008 by Union of Concerned Scientists, 

Natural Resources Defense Council, and other NGOs. With this notice, the 

modified text in Attachment B is being made available for public comment prior to 

final action by the Board’s Executive Officer to all who commented or testified on 

the original proposal or who requested notification. All of the documents are 

available online for public inspection at ARB’s internet website for this rulemaking 

at: http://www.arb.ca.gov/regact/2008/zev2008/zev2008.htm. They are also 

available from the ARB’s Public Information Office, Air Resources Board, 

1001 I Street, Visitors and Environmental Services Center, 1st Floor, 

Sacramento, CA 95814, (916) 322-2990. 

Summary of Proposed Modifications

The following sections summarize the proposed substantive modifications and 

the rationale for making such modifications. The section numbers and 

paragraphs are referenced as numbered in the modified attached regulation text 

(Attachment B). 

1. Number of Vehicles Required for the Pure ZEV (Gold) Floor 

 2012-2014 Annual Requirement Percentage 

Staff’s original proposal increased flexibility in the regulation by giving LVMs the 

option, during the 2012 to 2014 timeframe, to meet their pure ZEV obligation by 

producing a minimum number of ZEVs (2,500 Type IV ZEVs) and backfilling the 

rest of the gold requirement with Enhanced AT PZEVs (75,000). 
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The Board increased the minimum number of ZEVs a manufacturer is required to 

produce to comply with the regulation. The minimum floor was increased from 

2,500 to 7,500 Type IV ZEVs for the 2012 to 2014 timeframe. Though the 

number of Enhanced AT PZEVs required to backfill the pure ZEV requirement 

decreases due to this direction, the modification furthers ZEV technology 

development and encourages commercialization. The regulatory text in 

section 1962.1(b)(2)(D) and associated percentages in the table in 

section 1962.1(b)(2)(D)3. reflect these Board directed modifications. 

2. New ZEV Type 

The Board directed staff to create a new Type V ZEV. This is a vehicle with a 

300 mile or greater range and 15-minute fast refueling capability. The new 

Type V earns 7 credits in 2009 through 2017 MYs. In 2018 MY and later, a 

Type V ZEV will earn 3 credits. The Board’s direction recognized that a long 

driving range ZEV would better meet consumer needs. Criteria and appropriate 

credit level for a Type V ZEV has been added to tables in 1962.1(d)(5)(A) and 

(d)(5)(C), and to all sections of the regulation that reference ZEV Types. 

3. Transition for IVMs 

The Board did not approve staff’s proposal to lengthen the IVM transition as the 

IVM becomes subject to LVM requirements. The modification to section 

1962.1(b)(7)(A) reflects this decision. Other minor conforming modifications 

were also made in this section to clarify regulatory intent. 

4. PHEV Multiplier During 2009 to 2011 Timeframe 

At the March 27, hearing, the Board gave direction to staff on two issues relating 

to Enhanced AT PZEV credits. First, the Board directed staff to consider the nine 

loopholes presented by NGOs in their March 26 comment letter. The following 

loophole relates to Enhanced AT PZEV credits: 

Loophole #2: “Extend carry forward provision to Enhanced AT-PZEVs to 

ensure that banked credits do not create long “blackout” periods when 

none of these vehicles are produced.” 

Staff does not agree that the carry forward provision should apply to Enhanced 

AT PZEV credits. Staff does not expect large numbers of Enhanced AT PZEV 

credits to be banked and carried forward during the 2009 to 2011 time frame. 

These vehicles have never been produced in large production volumes, and it is 

unlikely that a sudden ramp up of volumes would occur. Additionally, if a 

manufacturer were to be successful in their production of an Enhanced 

AT PZEV, it would be unlikely that they would stop production during the 2012 

through 2014 timeframe. However, staff does believe that the 3.0 multiplier 

offered to PHEVs delivered for sale during the 2009 to 2011 timeframe could 
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create an artificial bank of credits that could be used to comply during the 2012 to 

2014 timeframe. This multiplier would allow a manufacturer to earn 3 times the 

credit for each PHEV delivered for sale, which reduces the number of vehicles 

and increases the number of credits. 

Second, the Board directed staff to consider applying a multiplier to battery 

electric vehicle credits earned during the 2009 to 2011 timeframe that are used to 

meet non-gold obligations for IVMs, in order to assure there is not a disincentive 

to produce gold vehicles. Staff concluded that adding an additional multiplier to 

allow ZEV credits to be used in place of AT PZEV credits for IVMs was not 

considered advisable as it would increase program complexities. 

Staff chose to approach both issues in the context of credit multipliers and to 

address the overall credit discrepancy between PHEVs and pure ZEVs during 

the 2009 to 2011 timeframe. 

Under the current regulation and under staff’s proposed amendments presented 

at the Board hearing, a PHEV earns a 3.0 multiplier if produced and delivered for 

sale in California. Because of this multiplier, a PHEV could earn more than a 

ZEV during the 2009 to 2011 timeframe. 

Staff has proposed instead to decrease the value of the 3.0 multiplier to 1.25 for 

PHEVs in the 2009 through 2011 MYs. The decreased value reflects a value of 

a similar multiplier offered to ZEVs during the 2009 to 2011 timeframe. An 

additional modification requires that in order to qualify for the multiplier, the 

PHEV must be sold or leased for three years, with a lease option for two 

additional years. Reducing the 3.0 multiplier to 1.25 limits the potential for an 

excessive number of banked credits which could cause a blackout during the 

2012 to 2014 timeframe. The modification provides additional credit, though less 

than the vehicle would have received in the original proposal, to PHEVs 

produced and delivered for sale during the 2009 to 2011 timeframe while 

ensuring that pure ZEVs would not be put at a comparative disadvantage. 

Section 1962.1(c)(7)(B) has been modified to reflect these changes to the 

original proposal. 

5. Plug-in Hybrid Allowances 

The Board directed staff to consider giving additional overall credit for PHEVs 

that can achieve 10 miles in all-electric mode on the US06 Driving Cycle. Staff 

made several modifications that affect HEV allowances that include (1) making 

use of a corrected Utility Factor (UF) that will also be used in the next version of 

the SAE Hybrid Test Procedure, (2) revising the zero-emission vehicle miles 

traveled (VMT) allowance equation, and (3) adjusting advanced componentry 

allowances for Type F hybrids, and adding a new Type G HEV with an increased 

advanced componentry allowance. 
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Utility Factor. The Society of Automotive Engineers (SAE) committee working on 

revisions to the HEV test procedures (SAE J1711) discovered mathematical 

errors in the UF derivation described in the March 1999 version of SAE J1711. 

Subsequent to the staff’s original proposal, staff developed a revised 

zero-emission range allowance determination method based on the newly 

revised UF that will soon be published in SAE J2841. The revised UF will affect 

the blended PHEVs by increasing the overall credit earned by this category of 

vehicles. Staff has incorporated by reference the draft SAE procedure but 

understands and anticipates that SAE will finalize the procedure without 

substantive changes before ARB submits the final rulemaking file to OAL. 

Therefore, ARB anticipates incorporating by reference the final SAE procedure in 

ARB's final rulemaking order as a non-substantive modification to the regulatory 

text. The draft procedure is referenced herein as SAE J2841 PropDft 2008 in the 

modified regulatory text. 

Zero-Emission VMT Allowance Equation. The former constant of 14.6 has been 

revised downward to 11.028 to compensate for the change in the revised UF as 

well as yield a Type G 40-mile PHEV overall allowance of 2.5, an increase of 0.1 

over that proposed in the ISOR. The credit allowance has also been made 

constant for PHEVs with actual charge depleting ranges greater than 40 miles. 

As modified, these higher range PHEVs will earn the same as a PHEV with 

exactly 40 miles capability. The equation in section 1962.1(c)(3)(A) has been 

modified to reflect the new constant and a new equation has been added to 

specify the allowance earned by a HEV with greater than 40-mile actual charge 

depleting range (Rcda). 

Advanced Componentry. Staff has added an additional high-power Type G 

category for HEVs and has allocated an increased advanced componentry 

allowance of 0.95 to this new category. This new Type G requirement requires a 

drive and energy storage system that is sufficient to propel a vehicle on the more 

aggressive US06 driving cycle for 10 miles. The advanced componentry 

allowance for Type F HEVs has been decreased by 0.08 from what was 

presented at the Board Hearing to make overall credit levels consistent, as well 

as account for the modified UF and modified equation. The following table 

shows the advanced componentry allowance earned by Type F and Type G 

HEVs. 

Proposed HEV Advanced Componentry Allowance Schedule 

Year 

Type C 

10 kW 

Type D 

10 kW 

Type E 

50 kW 

Type F (NEW)

>= 10 mile 

UDDS Capable

Type G (NEW) 

>= 10 mile US06 

Capable

2005-2011 0.2 0.4 0.5 0.72 0.95

2012-2014 0.15 0.35 0.45 0.67 0.90

2015+ 0.1 0.25 0.35 0.57 0.80
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Regulatory language in section 1962.1(c)(4)(B)7. has been modified to reflect the 

increased advanced componentry allowance for Type F and Type G HEVs. 

These changes to HEV allowances result in the following changes in overall 

credit for AT PZEVs: 

Prior Proposal 15-Day Proposal 

AT PZEV Types Credit 

‘09-‘11 

Credit 

‘12-‘14 

Credit 

‘09- ‘11

Credit 

‘12-‘14 

Other AT PZEV CNG 0.70 0.70 0.70 0.70 

 H2ICE 2.30 2.30 2.30 2.30 

Type E Non PHEV 0.70 0.65 0.70 0.65 

 B12.5/0.8 BPHEV 1.24 1.19 1.35 1.30 

 B20 /0.8 BPHEV 1.45 1.40 1.56 1.51 

 B22 /0.8 BPHEV 1.50 1.45 1.60 1.55 

 B40 /0.8 BPHEV 1.78 1.73 1.78 1.73 

Type F P10 AER PHEV 1.62 1.57 1.62 1.57 

 (>=10 mile UDDS P20 AER PHEV 1.99 1.94 2.00 1.95 

 Capable) P40 AER PHEV 2.40 2.35 2.27 2.22 

Type G P10 AER PHEV 1.62 1.57 1.85 1.80 

 (>=10 mile US06 P20 AER PHEV 1.99 1.94 2.23 2.18 

 Capable) P40 AER PHEV 2.40 2.35 2.50 2.45 

6. High Pressure Storage System Requirements 

One of the nine “loopholes” in the NGOs March 26 comment letter pointed out 

potential ways for manufacturers to flood the market with cheaply made 

hydrogen internal combustion engine (HICE) vehicles. 

Loophole # 1: “Limit hydrogen internal combustion engine vehicles to 

AT-PZEV (non-Enhanced) and PZEV credits due to their limited benefit 

and potential for gaming.” 

Staff did not feel it was necessary to limit HICEs to the AT PZEV category. 

These vehicles provide large emission benefits and promote tank and 

infrastructure development. However, to ensure that only the most advanced 

HICE vehicles are placed, staff has increased the requirements for the hydrogen 

storage system on HICE vehicles from 3600 to 5000 pounds per square inch. 

This will promote the use of advanced hydrogen storage systems and further 

development and commercialization of hydrogen tanks that could also be used 

on a fuel cell vehicle. Regulatory language in section 1962.1(c)(4)(A) was 

modified to reflect this change. 
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7. Travel Provision 

The Board directed staff to include suggestions from the State of New York and 

other states that asked for a modification to the provision that gives credit in 

California to ZEVs placed in another state (the travel provision) that has adopted 

California’s ZEV program regulations pursuant to section 177 of the federal 

Clean Air Act (section 177 states). Because California’s vehicle market is much 

larger than any section 177 state and because a manufacturer’s production 

volumes vary between section 177 states, credits generated by California ZEVs 

could overwhelm the other section 177 state’s ZEV requirements, including the 

state’s AT PZEV and PZEV requirements. Therefore, staff has modified the 

travel provision to provide for proportionality of California’s credits to the section 

177 state’s credits. This is achieved by multiplying the required credits by the 

ratio of a LVM’s total sales in the state receiving credit to the LVM’s total sales in 

California. This still allows manufacturers to place a vehicle in a section 177 

state and receive full ZEV credit in California. This change only affects the value 

of the credit earned in the section 177 state in which the vehicle is placed or the 

value of the ZEV credit which is being used to comply with a section 177 state’s 

requirement. The language in section 1962.1(d)(5)(E) has been modified to 

reflect these changes. 

8. Advanced Demonstration Credits 

Staff modified the original proposal to include Enhanced AT PZEVs along with 

ZEVs as eligible for advanced demonstration credit. Since no manufacturer has 

released an Enhanced AT PZEV for commercial sale, staff thinks it appropriate to 

allow these vehicles to earn advanced demonstration credit. Also, as submitted 

and available at the March 27 hearing as Attachment B, and included in this 

notice as Attachment A, staff increased the cap on the allowable number of 

advanced demonstration credits from 6 to 25 vehicles, per state, per model, 

per year. This increase responds to a manufacturer comment that the 6-vehicles 

cap was too low to adequately demonstrate vehicle technology. All advanced 

demonstration credit continues to be subject to Executive Officer approval. 

Section 1962.1(g)(4) has been modified to reflect the additional vehicle category 

and the revised cap on vehicles earning credit. 

9. Credit Transparency 

The Board directed staff to make the ZEV credit bank fully transparent including 

trades beginning in 2010. In the original proposal staff had not specified that 

trades would be fully transparent. Section 1962.1(l)(2) has been modified to 

reflect this change, with specific language relating to the transparency of 

transactions within the ZEV credit bank. 
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10. Use of Transportation Systems Credits 

Transportation systems credits provide vehicles extra ZEV credit if the vehicle is 

placed in a shared use application, and/or provide linkage to mass transit. Staff 

has modified the original proposal to exclude extra credits earned by ZEVs in 

transportation systems to be used in compliance with the portion of the obligation 

that must be met with ZEVs during the 2012 to 2014 timeframe. The modification 

preserves a limitation that has been in ZEV requirements for LVMs on the 

alternative path since the 2005 model year. During the hearing, the Board clearly 

indicated concern that the minimum gold floor be met with real vehicles rather 

than banked credits. This change also ensures the Board’s directed 7,500 

minimum ZEV floor will be met with vehicles rather than credits. This provision 

has been added to 1962.1(b)(2)(D) as subsection 4. 

11. Inclusion of Enhanced AT PZEVs into ZEV Credits for Transportation 

Systems 

Staff’s modifications include Enhanced AT PZEVs in provisions relating to ZEV 

credits for transportation systems. Like AT PZEVs, Enhanced AT PZEVs will 

earn 4 credits, through 2011 MY, if the vehicle is in a project demonstrating 

shared use and the application of intelligent technologies. Also, Enhanced 

AT PZEVs will earn an additional 2 credits through 2011 MY, if the vehicle is 

used in a project that includes linkage to transit. 

Enhanced AT PZEVs will continue to qualify for transportation system credits in 

2012 and subsequent MYs, earning 1 credit for shared use and application of 

intelligent technologies, and 1 additional credit for linkage to transit. 

Section 1962.1(g)(5) has been modified to reflect these changes. 

12. Banking of Gold Credits Until Subject to LVM Requirements 

The Board directed staff to make necessary modifications to allow manufacturers 

who are not subject to LVM requirements to bank 2008 and subsequent model 

year gold credits without having the limited carry forward provision apply until the 

manufacturer becomes subject to LVM requirements. Staff modified section 

1962(g)(6) and section 1962.1(g)(6) to include a provision that allows a 

manufacturer other than an LVM, who produces gold credits, to bank those gold 

credits until they are subject to LVM ZEV obligations. The limited carry forward 

provision in each respective regulation will then apply, beginning with the year 

the manufacturer becomes subject to the stepped up LVM requirements. Below 

is an example of how this provision would work for an IVM who produces a gold 

credit in 2010, but does not become subject to LVM requirements until 2014: 
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If a manufacturer other than an LVM chooses to trade their gold credits, then the 

limited carry forward provision applies to the credits traded and begins in the MY 

in which the credits were earned. Below is an example of a credit earned by an 

IVM (e.g., Manufacturer A) in 2009 that is traded to another manufacturer (e.g., 

Manufacturer B) in 2011: 

13. Use of Neighborhood Electric Vehicle (NEV) Credits 

Historically, NEV production generated credits that created long blackout periods 

in the ZEV program. This was commented on by NGOs in their March 26 

comment letter: 

Loophole #8: “Prevent product blackouts caused by NEV credits for the 

pure ZEV minimum requirement and early introduction of enhanced 

AT-PZEVs. This can be accomplished by limiting the use of NEV credits 

2010 2011 2012 2013 2014 2015 2016 2017 and Beyond 

Gold 

Credit 

Produced 

 IVM Subject 

to LVM 

Requirements

 2010 Earned Gold 

Credit only allowed 

in Enhanced or 

lesser credit 

earning categories 

2009 2010 2011 2012 2013 

Manufacturer A

Credit Earned Credit Traded to 

Manufacturer B 

o Limited carry 

forward 

provision 

applies to the 

traded credit 

 

Manufacturer B

Credit Earned 

by 

Manufacturer A 

 Traded Credit 

Received 

o May be used to 

meet Gold 

Obligation 

Traded credit 

may only be 

applied to 

Enhanced 

AT PZEV or 

lesser credit 

earning 

categories 

Gold Credit 

Gold Credit Carries Forward 2 Years

Enhanced AT PZEV or Less

Gold Credit Retains Full Value
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earned before 2008 to the (non-enhanced) AT-PZEV or PZEV categories 

after 2011 and restricting NEV credits earned after 2008 from the pure 

ZEV floor.” 

Staff considered the comment and modified the regulation to clarify the limits and 

allowed use of NEV credits in complying with the ZEV program. The following 

tables have been added to section 1962.1(g)(6) as a new subsection (A): 

 (2001 through 2005 Banked NEV Credits) 

Years ZEV Obligation that:

Percentage limit for 

NEVs allowed to meet 

each Obligation:

2009 – 2011 Must be met with ZEVs 50%

2009 75%

2010 – 2011

May be met with AT PZEVs but 

not PZEVs 50%

2009 – 2011 May be met with PZEVs No Limit

Must be met with ZEVs 0%

May be met with Enhanced 

AT PZEVs and AT PZEVs 2012 – 2014 50%

May be met with PZEVs No Limit

(2006 and subsequent MY NEVs) 

Years ZEV Obligation that:

Percentage Limit for 

NEVs allowed to meet 

each Obligation:

May be met through compliance 

with Primary Requirements No Limit

May be met through compliance 

with Alternative Requirements, 

and must be met with ZEVs

0%

2009 - 2011

May be met through compliance 

Alternative Requirements, and 

may be met with AT PZEVs or 

PZEVs

No Limit

Must be met with ZEVs 0%

2012 – 2014 May be met with Enhanced 

AT PZEVs, AT PZEVs, or PZEVs No Limit
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With these modifications, 2001-through-2005-MY-NEV credits are not available 

to meet the portion of the obligation that must be met with ZEVs in 2012 through 

2014. Also, the 2001-through-2005-MY-NEV banked credits are capped at 

50% usage within the obligation that may be fulfilled with Enhanced AT PZEVs or 

AT PZEVs for the 2012 to 2014 timeframe. These modifications limit the use of 

2006 and beyond NEV credits within the minimum ZEV floor during the 2012 to 

2014 timeframe while still allowing them to be fully used to meet requirements 

that may be met with Enhanced AT PZEVs, AT PZEVs, and PZEVs. 

14. Additional NEV Requirements 

In conjunction with the modifications on the use of 2001-through-2005-MY-NEV 

credits and 2006-and-subsequent-MY-NEV credits, staff added more stringent 

requirements for 2010 and subsequent MY NEVs. This was also in response to 

the NGOs previously mentioned “Loophole #8.” The requirements include 

minimum technical specifications including acceleration, top speed, and constant 

speed range requirements. Staff based these requirements on the 

U.S. Department of Energy’s “NEV America Technical Specifications” (Version 2) 

document, released on December 1, 2004, found at the following link: 

http://www1.eere.energy.gov/vehiclesandfuels/avta/pdfs/nev/nev_tech_spec.pdf. 

Staff slightly altered the NEV America requirements to better fit with the intent of 

the ZEV program. Additionally, staff added language which points to test 

procedures developed by the U.S. Department of Energy. These can be found at 

the following links: 

o Acceleration: ETA-NTP002 (revision 3) “Implementation of SAE Standard 

J1666 May93: Electric Vehicle Acceleration, Gradeability, and Deceleration 

Test Procedure” found at: 

http://www1.eere.energy.gov/vehiclesandfuels/avta/pdfs/nev/ntp002.pdf

o Constant Speed Range: ETA-NTP004 (revision 2) “Electric Vehicle Constant 

Speed Range Tests” found at: 

http://www1.eere.energy.gov/vehiclesandfuels/avta/pdfs/nev/ntp004.pdf 

Also, 2010 and subsequent MY NEVs are required to be equipped with sealed, 

maintenance-free batteries, and meet minimum warranty requirements. Staff 

added sections 1962.1(d)(5)(F)(1),(2), (3) and 1962.1(h)(2) to reflect these 

modifications. 

15. Other Technical and Minor Modifications

Other post-hearing conforming modifications were made to the regulation for 

clarification and simplification: 
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1962(c)(5)(A): The provision relating to the fast refueling requirements in the 

table have been modified to reflect the number of miles needed to be replaced 

rather than the percentage maximum rate energy capacity for Type III ZEVs. 

1962(c)(5)(B): For clarification, language in this section has been modified to 

specify the calendar year rather than the MY in which the vehicle was placed. 

The table heading in the same section was also modified. 

1962.1(b)(1)(B): The marketing manufacturer provision states that a passenger 

vehicle or light-duty vehicle produced by a manufacturer but marketed by another 

manufacturer under the other manufacturer name place will count towards the 

marketing manufacturer’s production for purposes of determining any 

manufacturer’s obligation. This provision was modified to apply to all 

manufacturers, rather than to only small volume manufacturers. 

1962.1(b)(1)(B): The regulation has been modified to specify the MYs 

(2003 through 2005) that a manufacturer will use to determine its ZEV obligation 

during the 2009 to 2011 timeframe. 

1962.1(b)(1)(B)1.b.: The percentage ZEV requirement has been corrected for the 

Alternative Path during the 2009 to 2011 timeframe. As released in staff’s notice 

errata, the percentage has been adjusted from .80 to .82. 

1962.1(c)(6)(B)1. The MY affected by the 3.0 cap on the value of an AT PZEV 

allowance has been changed from 2012 MY to 2009 MY. The modification in the 

applicable MY makes the cap for 2009 through 2011 MY vehicles consistent with 

the cap for 2012 and subsequent MY vehicles. 

1962.1(d)(5)(A) and (B): Fast refueling requirements for Type IV ZEVs has been 

modified to correct the refueling time to 15 minutes instead of 10 minutes. 

1962.1(f): Staff has added extended service multiplier language found in 

section 1962(f) into section 1962.1 as subsection (f) because the provision still 

applies through 2011 MY. 

1962(j) and 1962.1(j): The abbreviations sections have been updated to 

accurately reflect the abbreviations applicable to each regulation. 

Other minor conforming and harmonizing modifications have been incorporated. 

Comments and Subsequent Action

In accordance with section 11346.8 of the Government Code, the Board directed 

the Executive Officer to adopt section 1900, 1961, 1962, and 1962.1 and 

associated test procedures, and the new title 13, CCR, section 1962.1 and its 

associated test procedures, along with other modifications, after making them 
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available to the public for comment for a period of at least 15 days. The Board 

further provided that the Executive Officer shall consider such written comments 

as may be submitted during this period, shall make such modifications that may 

be appropriate in light of comments received, and shall present the regulations to 

the Board for further consideration if warranted. 

Written comments on the modifications approved by the Board may be submitted 

by postal mail, electronic mail, or facsimile as follows: 

 

Postal mail: Clerk of the Board, Air Resources Board 

 1001 I Street, Sacramento, California 95814 

 Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

 Facsimile submittal: (916) 322-3928 

Please note that under the California Public Records Act (Government Code 

section 6250 et seq.), your written and oral comments, attachments, and 

associated contact information (e.g., your address, phone, email, etc.) become 

part of the public record and can be released to the public upon request. 

Additionally, this information may become available via internet search engines. 

In order to be considered by the Executive Officer, comments must be directed to 

ARB in one of the three forms described above and received by ARB by 

5:00 p.m. on the deadline date for public comment listed at the beginning of this 

notice. Only comments relating to the above-describe modifications to the text of 

the regulations shall be considered by the Executive Officer.