Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

1

Final Regulation Order – Part 5 

ZERO-EMISSION VEHICLE STANDARDS FOR 2009 AND SUBSEQUENT MODEL 

YEAR PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY 

VEHICLES. 

All of the text shown below is new language to be added to the California Code of 

Regulations. Adopt new section 1962.1, title 13, California Code of 

Regulations, to read: 

§ 1962.1 Zero-Emission Vehicle Standards for 2009 and Subsequent Model 

Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

(a) ZEV Emission Standard. The Executive Officer shall certify new 2009 

and subsequent model passenger cars, light-duty trucks and medium-duty vehicles as 

ZEVs if the vehicles produce zero exhaust emissions of any criteria pollutant (or 

precursor pollutant) under any and all possible operational modes and conditions. 

(b) Percentage ZEV Requirements. 

(1) General Percentage ZEV Requirement.

(A) Basic Requirement. The minimum percentage ZEV requirement for 

each manufacturer is listed in the table below as the percentage of the PCs and LDT1s, 

and LDT2s to the extent required by section (b)(1)(C), produced by the manufacturer 

and delivered for sale in California that must be ZEVs, subject to the conditions in this 

section 1962.1(b). 

Model Years Minimum ZEV Requirement 

2009 through 2011 11 % 

2012 through 2014 12 % 

2015 through 2017 14 % 

2018 and subsequent 16 % 

(B) Calculating the Number of Vehicles to Which the Percentage ZEV 

Requirement is Applied. For the 2009 through 2011 model years, a manufacturer’s 

production volume of PCs and LDT1s, and LDT2s as applicable, produced and 

delivered for sale in California will be based on the three-year average of the 

manufacturer’s volume of PCs and LDT1s, and LDT2s as applicable, produced and 

delivered for sale in California in the 2003 through 2005 model years. For 2012 and 

subsequent model years, a manufacturer’s production volume for the given model year 

will be based on the three-year average of the manufacturer’s volume of PCs and 

LDT1s, and LDT2s, as applicable, produced and delivered for sale in California in the 

prior fourth, fifth and sixth year [for example, 2013 model year ZEV requirements will be 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 2 

based on California production volume of PCs and LDTs, and LDT2s as applicable, for 

the 2007 to 2009 model years]. This production averaging is used to determine ZEV 

requirements only, and has no effect on a manufacturer’s size determination. As an 

alternative to the three-year averaging of prior year production described above, a 

manufacturer may elect to base its ZEV obligation on the number of PCs and LDT1s, 

and LDT2s, as applicable, produced by the manufacturer and delivered for sale in 

California that same model year. For 2012 and subsequent model years, a 

manufacturer may, on an annual basis, select either the three-year average or the 

same model-year calculation method. In applying the ZEV requirement, a PC, LDT1, or 

LDT2 as applicable, that is produced by one manufacturer (e.g., Manufacturer A), but is 

marketed in California by another manufacturer (e.g., Manufacturer B) under the other 

manufacturer’s (Manufacturer B) nameplate, shall be treated as having been produced 

by the marketing manufacturer (Manufacturer B). 

(C) Phase-in of ZEV Requirements for LDT2s. Beginning with the 

ZEV requirements for the 2009 model year, a manufacturer’s LDT2 production shall be 

included in determining the manufacturer’s overall ZEV requirement under section 

(b)(1)(A) in the increasing percentages shown in the table below. 

2009 2010 2011 2012+ 

51% 68% 85% 100% 

(D) Exclusion of ZEVs in Determining a Manufacturer’s Sales 

Volume. In calculating, for purposes of sections 1962.1(b)(1)(B) and 1962.1(b)(1)(C), 

the volume of PCs, LDT1s and LDT2s a manufacturer has produced and delivered for 

sale in California, the manufacturer shall exclude the number of ZEVs produced by the 

manufacturer, or by a subsidiary in which the manufacturer has a greater than 50 

percent ownership interest, and delivered for sale in California. 

(2) Requirements for Large Volume Manufacturers. 

(A) Primary Requirements for Large Volume Manufacturers

through Model Year 2011. 

In the 2009 through 2011 model years, a manufacturer must meet at least 

22.5 percent of its ZEV requirement with ZEVs or ZEV credits generated by such 

vehicles, and at least another 22.5 percent with ZEVs, AT PZEVs, or credits generated 

by such vehicles. The remainder of the manufacturer’s ZEV requirement may be met 

using PZEVs or credits generated by such vehicles. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 3 

 (B) Alternative Requirements for Large Volume Manufacturers 

through Model Year 2011. 

1. Minimum Floor for Production of Type III ZEVs. 

a. [RESERVED]. 

b. Requirement for the 2009-2011 Model Years. A manufacturer 

electing the alternative compliance requirements during model years 2009 through 

2011 must produce ZEV credits equal to 0.82 percent of the manufacturer’s average 

annual California sales of PCs and LDT1s, and LDT2s, as applicable, over the 

three-year period from model years 2003 through 2005, though production, delivery for 

sale, and placement in service of ZEVs, other than NEVs and Type 0 ZEVs, using the 

credit substitution ratios for each ZEV Type compared to a Type III prescribed in the 

table below, or submit an equivalent number of credits generated by such vehicles. 

ZEV Types Credit Substitution Ratio 

Compared To A Type III ZEV 

Type I 2 

Type I.5 1.6 

Type II 1.33 

Type IV 0.8 

Type V 0.57 

i. Manufacturers may use credits generated by 1997-2003 model 

year ZEVs that qualify for an extended service multiplier under section 1962.1(f) for a 

year during calendar years 2009-2011, provided that 33 years of such a multiplier will 

equal 4 ZEV credits. 

c. [RESERVED]. 

d. [RESERVED]. 

e. [RESERVED]

f. Exclusion of Additional Credits for Transportation Systems.

Any additional credits for transportation systems generated in accordance with section 

1962.1(g)(5) shall not be counted towards compliance with this section 

1962.1(b)(2)(B)1.b. 

g. Carry-over of Excess Credits. ZEV credits generated from 

excess production in model years 2005 through 2008 may be carried forward and 

applied to the 2009 through 2011 minimum floor requirement specified in section 

1962.1(b)(2)(B)1.b. provided that the value of these carryover credits shall be based on 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 4 

the model year in which the credits are used. Beginning with the 2012 model year, 

these credits may no longer be used to meet the ZEV requirement; they may be used 

as Enhanced AT PZEV, AT PZEV, or PZEV credits. ZEV credits earned in model year 

2009 and subsequent would be allowed to be carried forward for two years for 

application to the ZEV requirement. For example, ZEV credit earned in the 2010 model 

year would retain full flexibility through the 2012 model year, at which time that credit 

could only be used as Enhanced AT PZEV, AT PZEV, or PZEV credits, and could not 

be used to satisfy the ZEV credit obligation, which may only be satisfied with credit 

generated from ZEVs. 

h. Failure to Meet Requirement for Production of ZEVs. A 

manufacturer that, after electing the alternative requirements in section 1962.1(b)(2)(B) 

for any model year from 2009 through 2011, fails to meet the requirement in 

section 1962.1(b)(2)(B)1.b. by the end of the 2011 model year, shall be treated as 

subject to the primary requirements in section 1962.1(b)(2)(A) for the 2009 through 

2011 model years. 

i. Rounding Convention. The number of ZEVs needed for a 

manufacturer under section 1962.1(b)(2)(B)1.b. shall be rounded to the nearest whole 

number. 

2. Compliance with Percentage ZEV Requirements. In the 2009 

through 2011 model years, a manufacturer electing the alternative compliance 

requirements in a given model year must meet at least 45 percent of its ZEV 

requirement for that model year with ZEVs, AT PZEVs or Enhanced AT PZEVs, or 

credits generated from such vehicles. ZEV credits generated for compliance with the 

alternative requirements during any given model year will be applied to the 45 percent 

which may be met with ZEVs, AT PZEVs, Enhanced AT PZEVs, or credits generated 

from such vehicles, but not PZEVs. The remainder of the manufacturer’s ZEV 

requirement may be met using PZEVs or credits generated from such vehicles. 

3. Sunset of Alternative Requirements after the 2011 Model Year. 

The alternative requirements in section 1962.1(b)(2)(B) are not available after the 2011 

model year. 

 (C) Election of the Primary or Alternative Requirements for Large 

Volume Manufacturers for the 2009 through 2011 Model Years. A manufacturer 

shall be subject to the primary ZEV requirements for the 2009 model year unless it 

notifies the Executive Officer in writing prior to the start of the 2009 model year that it is 

electing to be subject to the alternative compliance requirements for that model year. 

Thereafter, a manufacturer shall be subject to the same compliance option as applied 

in the previous model year unless it notifies the Executive Officer in writing prior to the 

start of a new model year that it is electing to switch to the other compliance option for 

that new model year. However, a manufacturer that has previously elected the primary 

ZEV requirements for one or more of the 2009 through 2011 model years may prior to 

the end of the 2011 model year elect the alternative compliance requirements for the 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 5 

2009 through 2011 model years upon a demonstration that it has complied with all of 

the applicable requirements for that period in section 1962.1(b)(2)(B)1.b. 

 (D) Requirements for Large Volume Manufacturers in Model Years 

2012 through 2017. 

1. 2012 through 2014 Requirements. A manufacturer must meet the 

total ZEV obligation with ZEVs or ZEV credits generated by such vehicles, excluding 

NEVs and Type 0 ZEVs, equal to at least 0.79% of its annual sales, using either 

production volume determination method described in section 1962.1(b)(1)(B). 

No more than 50% of the total obligation may be met with PZEVs. No more than 75% 

of the total obligation may be met with AT PZEVs. No more than 93.4% may be met 

with Enhanced AT PZEVs, Type 0 ZEVs, and NEVs, as limited in section 1962.1(g)(6). 

The entire requirement may be met solely with ZEVs. 

2. 2015 through 2017 Requirements. A manufacturer must meet its 

ZEV obligation with ZEVs or ZEV credits generated by such vehicles, excluding NEVs 

and Type 0 ZEVs, equal to at least 3% of its annual sales, using either production 

volume determination method described in section 1962.1(b)(1)(B). No more than 

42.8% of the total obligation may be met with PZEVs. No more than 57.1% of the total 

obligation may be met with AT PZEVs. No more than 78.5% may be met with 

Enhanced AT PZEVs, Type 0 ZEVs, and NEVs, as limited in section 1962.1(g)(6). The 

entire requirement may be met solely with ZEVs. 

3. The following table enumerates a manufacturer’s annual 

percentage obligation for the 2012 though 2017 model years if the manufacturer 

produces the minimum number of credits required to meet its ZEV obligation and the 

maximum percentage for the Enhanced AT PZEV, AT PZEV, and PZEV categories.

Model Years

Total ZEV 

Percent 

Requirement

Minimum 

ZEV floor 

Enhanced 

AT PZEVs, 

Type 0s, or 

NEVs 

AT PZEVs PZEVs 

2012 – 2014 12 0.79 2.21 3.0 6.0 

2015 – 2017 14 3.0 3.0 2.0 6.0 

 4. Use of Additional Credits for Transportation Systems. Any 

additional credits for transportation systems generated in accordance with 

section 1962.1(g)(5) may be used to meet up to one tenth of the portion of the ZEV 

obligation which must be met with ZEVs, specified in section 1962.1(b)(2)(D).

 

 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 6 

(E) Requirements for Large Volume Manufacturers in Model Year 2018 and 

Subsequent. 

In the 2018 and subsequent model years, a manufacturer must meet a 

ZEV total percent requirement of 16 percent. The maximum portion of a 

manufacturer’s percentage ZEV requirement that may be satisfied by PZEVs that are 

not Enhanced AT PZEVs or AT PZEVs, or credits generated by such vehicles, is limited 

to 6 percent of the manufacturer’s applicable California PC, LDT1, and LDT2 

production volume; Enhanced AT PZEVs and AT PZEVs or credits generated by such 

vehicles may be used either alone or in combination, to meet up to one-half of the 

manufacturer’s remaining ZEV requirement. 

(3) Requirements for Intermediate Volume Manufacturers. In 2009 and 

subsequent model years, an intermediate volume manufacturer may meet its ZEV 

requirement with up to 100 percent PZEVs or credits generated by such vehicles. 

 (4) Requirements for Small Volume Manufacturers and Independent Low 

Volume Manufacturers. A small volume manufacturer or an independent low volume 

manufacturer is not required to meet the percentage ZEV requirements. However, a 

small volume manufacturer or an independent low volume manufacturer may earn and 

market credits for the ZEVs or PZEVs it produces and delivers for sale in California. 

(5) Counting ZEVs and PZEVs in Fleet Average NMOG Calculations. For 

the purposes of calculating a manufacturer’s fleet average NMOG value and NMOG 

credits under sections 1961(b) and (c), a vehicle certified as a ZEV is counted as one 

ZEV, and a PZEV is counted as one SULEV certified to the 150,000 mile standards 

regardless of any ZEV or PZEV multipliers. 

 (6) [RESERVED] 

(7) Changes in Small Volume, Independent Low Volume, and 

Intermediate Volume Manufacturer Status. 

(A) Increases in California Production Volume. In 2009 and 

subsequent model years, if a small volume manufacturer’s average California 

production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the 

average number of vehicles produced and delivered for sale for the three previous 

consecutive model years, or if an independent low volume manufacturer’s average 

California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs 

based on the average number of vehicles produced and delivered for sale for the three 

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

small volume, or independent low volume manufacturer, as applicable, and shall 

comply with the ZEV requirements for intermediate volume manufacturers, as 

applicable, beginning with the sixth model year after the last of the three consecutive 

model years. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 7 

If an intermediate volume manufacturer’s average California production 

volume exceeds 60,000 units of new PCs, LDTs, and MDVs based on the average 

number of vehicles produced and delivered for sale for the three previous consecutive 

model years (i.e., total production volume exceeds 180,000 vehicles in a three-year 

period), the manufacturer shall no longer be treated as an intermediate volume 

manufacturer and shall, beginning with the sixth model year after the last of the three 

consecutive model years, comply with all ZEV requirements for LVMs. 

Requirements will begin in the fourth model year rather than the sixth 

model year when a manufacturer ceases to be a small or intermediate volume 

manufacturer in 2003 or subsequent years due to the aggregation requirements in 

majority ownership situations, except that if the majority ownership in the manufacturer 

was acquired prior to the 2001 model year, the manufacturer must comply with the 

stepped-up ZEV requirements starting in the 2010 model year. 

 (B) Decreases in California Production Volume. If a manufacturer’s 

average California production volume falls below 4,500, 10,000, or 60,000 units of new 

PCs, LDTs, and MDVs, as applicable, based on the average number of vehicles 

produced and delivered for sale for the three previous consecutive model years, the 

manufacturer shall be treated as a small volume, independent low volume, or 

intermediate volume manufacturer, as applicable, and shall be subject to the 

requirements for a small volume, independent low volume, or intermediate volume 

manufacturer beginning with the next model year. 

(C) Calculating California Production Volume in Change of 

Ownership Situations. Where a manufacturer experiences a change in ownership in 

a particular model year, the change will affect application of the aggregation 

requirements on the manufacturer starting with the next model year. The 

manufacturer’s small or intermediate volume manufacturer status for the next model 

year shall be based on the average California production volume in the three previous 

consecutive model years of those manufacturers whose production volumes must be 

aggregated for that next model year. For example, where a change of ownership 

during the 2010 model year results in a requirement that the production volume of 

Manufacturer A be aggregated with the production volume of Manufacturer B, 

Manufacturer A’s status for the 2011 model year will be based on the production 

volumes of Manufacturers A and B in the 2008-2010 model years. Where the 

production volume of Manufacturer A must be aggregated with the production volumes 

of Manufacturers B and C for the 2010 model year, and during that model year a 

change in ownership eliminates the requirement that Manufacturer B’s production 

volume be aggregated with Manufacturer A’s, Manufacturer A’s status for the 2011 

model year will be based on the production volumes of Manufacturers A and C in the 

2008-2010 model years. In either case, the lead time provisions in 

sections 1962.1(b)(7)(A) and (B) will apply. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 8 

(c) Partial ZEV Allowance Vehicles (PZEVs). 

(1) Introduction. This section 1962.1(c) sets forth the criteria for identifying 

vehicles delivered for sale in California as PZEVs. The PZEV is a vehicle that cannot 

be certified as a ZEV but qualifies for a PZEV allowance of at least 0.2. 

(2) Baseline PZEV Allowance. In order for a vehicle to be eligible to receive 

a PZEV allowance, the manufacturer must demonstrate compliance with all of the 

following requirements. A qualifying vehicle will receive a baseline PZEV allowance of 

0.2. 

(A) SULEV Standards. Certify the vehicle to the 150,000-mile SULEV 

exhaust emission standards for PCs and LDTs in section 1961(a)(1). Bi-fuel, fuelflexible and dual-fuel vehicles must certify to the applicable 150,000-mile SULEV 

exhaust emission standards when operating on both fuels; 

(B) Evaporative Emissions. Certify the vehicle to the evaporative 

emission standards in section 1976(b)(1)(E) (zero-fuel evaporative emissions 

standards); 

(C) OBD. Certify that the vehicle will meet the applicable on-board 

diagnostic requirements in sections 1968.1 or 1968.2, as applicable, for 150,000 miles; 

and 

(D) Extended Warranty. Extend the performance and defects 

warranty period set forth in sections 2037(b)(2) and 2038(b)(2) to 15 years or 150,000 

miles, whichever occurs first except that the time period is to be 10 years for a 

zero emission energy storage device used for traction power (such as a battery, 

ultracapacitor, or other electric storage device). 

(3) Zero-Emission VMT PZEV Allowance. 

(A) Calculation of Zero -Emission VMT Allowance. A vehicle that 

meets the requirements of section 1962.1(c)(2) and has zero-emission vehicle miles 

traveled (“VMT”) capability will generate an additional zero emission VMT PZEV 

allowance calculated as follows: 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 9 

Range Zero-emission VMT Allowance 

EAER < 10 miles 0.0 

EAER >=10 miles 

and 

Rcda = 10 miles to 40 miles 

EAER x (1 – UFRcda)/11.028 

Rcda > 40 miles EAER40/ 29.63 

The urban equivalent all-electric range (EAER) and urban charge 

depletion range actual (Rcda) shall be determined in accordance with section E.3.2.1 of 

the “California Exhaust Emission Standards and Test Procedures for 2009 and 

Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid 

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

Classes,” incorporated by reference in section 1962.1(h). The utility factor (UF) based 

on the charge depletion range actual (Rcda) shall be determined according to 

SAE J2841 PropDft 2008. 

(B) Alternative Procedures. As an alternative to determining the 

zero-emission VMT allowance in accordance with the preceding section 

1962.1(c)(3)(A), a manufacturer may submit for Executive Officer approval an 

alternative procedure for determining the zero-emission VMT potential of the vehicle as 

a percent of total VMT, along with an engineering evaluation that adequately 

substantiates the zero-emission VMT determination. For example, an alternative 

procedure may provide that a vehicle with zero emissions of one regulated pollutant 

(e.g., NOx) and not another (e.g., NMOG) will qualify for a zero-emission VMT 

allowance of 1.5. 

(C) [RESERVED]. 

(4) PZEV Allowance for Advanced ZEV Componentry. A vehicle that 

meets the requirements of section 1962.1(c)(2) may qualify for an advanced 

componentry PZEV allowance as provided in this section 1962.1(c)(4). 

(A) Use of High Pressure Gaseous Fuel or Hydrogen Storage 

System. A vehicle equipped with a high pressure gaseous fuel storage system capable 

of refueling at 3600 pounds per square inch or more and operating exclusively on this 

gaseous fuel shall qualify for an advanced componentry PZEV allowance of 0.2. A 

vehicle capable of operating exclusively on hydrogen stored in a high pressure system 

capable of refueling at 5000 pounds per square inch or more, stored in nongaseous 

form, or at cryogenic temperatures, shall instead qualify for an advanced componentry 

PZEV allowance of 0.3. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 10 

(B) Use of a Qualifying HEV Electric Drive System.

 

1. Classification of HEVs. HEVs qualifying for additional advanced 

componentry PZEV allowance or allowances that may be used in the AT PZEV 

category are classified in one of five types of HEVs based on the criteria in the following 

table. 

2. [RESERVED]

3. [RESERVED]

4. Type C HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type C 

HEV, and that is equipped with an advanced traction energy storage system – such as 

lithium ion batteries, nickel metal-hydride batteries, ultracapacitors, or other similar 

systems – with a design lifetime of at least 10 years, qualifies for an additional 

advanced componentry allowance of 0.2 in the 2009 through 2011 model years, 0.15 in 

the 2012 through 2014 model years, and 0.1 in the 2015 and subsequent model years. 

5. Type D HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type D 

HEV qualifies for an additional advanced componentry allowance of 0.4 in the 2009 

through 2011 model years, 0.35 in the 2012 through 2014 model years, and 0.25 in the 

2015 and subsequent model years. 

Characteristics Type C Type D Type E Type F Type G 

Electric Drive 

System Peak 

Power Output 

≥ 10 kW ≥ 10 kW ≥ 50 kW 

Zero -Emission 

VMT 

allowance; ≥ 10 

mile all-electric 

range (UDDS 

drive cycle) 

Zero-Emission 

VMT 

allowance; ≥ 10 

mile all-electric 

range (US06 

drive cycle) 

Traction Drive 

System Voltage < 60 Volts ≥ 60 Volts 

≥ 60 

volts ≥ 60 volts ≥ 60 volts 

Traction Drive 

Boost Yes Yes Yes Yes Yes 

Regenerative 

Braking Yes Yes Yes Yes Yes 

Idle Start/Stop Yes Yes Yes Yes Yes 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 11 

6. Type E HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type E 

HEV qualifies for an additional advanced componentry allowance of 0.5 in the 2009 

through 2011 model years, 0.45 in the 2012 through 2014 model years, and 0.35 in the 

2015 and subsequent model years. 

7. Type F HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type F 

HEV, including achieving 10 miles or more of all-electric UDDS range, qualifies for an 

additional advanced componentry allowance of 0.72 in the 2009 through 2011 model 

years, 0.67 in the 2012 through 2014 model years, and 0.57 in the 2015 and 

subsequent model years. 

8. Type G HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type G 

HEV, including achieving 10 miles or more of all-electric US06 range, qualifies for an 

additional advanced componentry allowance of 0.95 in the 2009 through 2011 model 

years, 0.9 in the 2012 through 2014 model years, and 0.8 in the 2015 and subsequent 

model years. 

9. Severability. In the event that all or part of 

section 1962.1(c)(4)(B)1. - 8. is found invalid, the remainder of section 1962.1, including 

the remainder of section 1962.1(c)(4)(B)1.- 8. if any, remains in full force and effect. 

(5) PZEV Allowance for Low Fuel-Cycle Emissions. A vehicle that makes 

exclusive use of fuel(s) with very low fuel-cycle emissions shall receive a PZEV 

allowance of 0.3. In order to receive the PZEV low fuel-cycle emissions allowance, a 

manufacturer must demonstrate to the Executive Officer, using peer-reviewed studies 

or other relevant information, that NMOG emissions associated with the fuel(s) used by 

the vehicle (on a grams/mile basis) are lower than or equal to 0.01 grams/mile. Fuelcycle emissions must be calculated based on near-term production methods and 

infrastructure assumptions, and the uncertainty in the results must be quantified. 

(6) Calculation of PZEV Allowance. 

(A) Calculation of Combined PZEV Allowance for a Vehicle. The 

combined PZEV allowance for a qualifying vehicle in a particular model year is the sum 

of the PZEV allowances listed in this section 1962.1(c)(6), multiplied by any PZEV 

introduction phase-in multiplier listed in section 1962.1(c)(7), subject to the caps in 

section 1962.1(c)(6)(B). 

1. Baseline PZEV Allowance. The baseline PZEV allowance of 0.2 

for vehicles meeting the criteria in section 1962.1(c)(2); 

2. Zero-Emission VMT PZEV Allowance. The zero-emission VMT 

PZEV allowance, if any, determined in accordance with section 1962.1(c)(3); 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 12 

3. Advanced Componentry PZEV Allowance. The advanced ZEV 

componentry PZEV allowance, if any, determined in accordance with section 

1962.1(c)(4); and 

4. Fuel-Cycle Emissions PZEV Allowance. The fuel-cycle 

emissions PZEV allowance, if any, determined in accordance with section 1962.1(c)(5). 

(B) Caps on the Value of an AT PZEV Allowance. 

1. Cap for 2009 and Subsequent Model-Year Vehicles. The 

maximum value an AT PZEV may earn before phase-in multipliers, including the 

baseline PZEV allowance, is 3.0. 

2. [RESERVED].

(7) PZEV Multipliers. 

(A) [RESERVED].

(B) Introduction Phase-In Multiplier for PZEVs That Earn a Zero -

Emission VMT Allowance. Each 2009 through 2011 model year PZEV that earns a 

zero emission VMT allowance under section 1962.1(c)(3) and is sold to a California 

motorist or is leased for three or more years to a California motorist who is given the 

option to purchase or re-lease the vehicle for two years or more at the end of the first 

lease term, qualifies for a phase-in multiplier of 1.25. 

(d) Qualification for ZEV Multipliers and Credits. 

(1) [RESERVED].

 (2) [RESERVED]. 

(3) [RESERVED]. 

(4) [RESERVED]. 

(5) ZEV Credits for 2009 and Subsequent Model Years.

(A) ZEV Tiers for Credit Calculations. ZEV credits from a particular 

ZEV are based on the assignment of a given ZEV into one of the following eight ZEV 

tiers: 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 13 

ZEV Tier UDDS ZEV 

Range (miles) 

Fast Refueling Capability 

NEV No minimum N/A 

Type 0 < 50 N/A 

Type I ≥ 50, <75 N/A 

Type I.5 ≥ 75, <100 N/A 

Type II ≥ 100 N/A 

≥ 100 

Must be capable of 

replacing 95 miles (UDDS 

ZEV range) in ≤ 10 minutes 

per section 1962.1(d)(5)(B) 

Type III 

≥ 200 N/A 

Type IV 

≥ 200 

Must be capable of 

replacing 190 miles (UDDS 

ZEV range) in ≤ 15 minutes 

per section 1962.1(d)(5)(B) 

Type V ≥ 300 

Must be capable of 

replacing 285 miles (UDDS 

ZEV range) in ≤ 15 minutes 

per section 1962.1(d)(5)(B) 

(B) Fast Refueling. The “fast refueling capability” requirement for a 

2009 and subsequent model year Type III, IV, or V ZEV in section 1962(d)(5)(A) will be 

considered met if the Type III ZEV has the capability to accumulate at least 95 miles of 

UDDS range in 10 minutes or less and the Type IV or V ZEV has the capability to 

accumulate at least 190 or 285 miles, respectively, in 15 minutes or less. For ZEVs that 

utilize more than one ZEV fuel, such as plug-in fuel cell vehicles, the Executive Officer 

may choose to waive these section 1962.1(d)(5)(B) fast refueling requirements and 

base the amount of credit earned on UDDS ZEV range, as specified in 

section 1962.1(d)(5)(A). 

(C) ZEV Credits for 2009 and Subsequent Model Year ZEVs. A 

2009 and subsequent model-year ZEV, other than a NEV or Type 0, earns 1 ZEV credit 

when it is produced and delivered for sale in California. A 2009 and subsequent 

model-year ZEV earns additional credits based on the earliest year in which the ZEV is 

placed in service (not earlier than the ZEV’s model year). The following table identifies 

the total credits that a ZEV in each of the eight ZEV tiers will earn, including the credit 

not contingent on placement in service, if it is placed in service in the specified calendar 

year or by June 30 after the end of the specified calendar year. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 14 

Total Credit Earned by ZEV Type and Model Year for 

Production and Delivery for Sale and for Placement 

Tier Calendar Year in Which ZEV is Placed in Service 

 2009-2017 2018+

NEV 0.30 0.30 

Type 0 1 1 

Type I 2 2 

Type I.5 2.5 2.5 

Type II 3 3 

Type III 4 3 

Type IV 5 3 

Type V 7 3 

 (D) Multiplier for Certain ZEVs. 2009 through 2011 model-year 

ZEVs, excluding NEVs or Type 0 ZEVs, shall qualify for a multiplier of 1.25 if either sold 

to a motorist or leased for three or more years to a motorist who is given the option to 

purchase or re-lease the vehicle for two years or more at the end of the first lease term. 

 (E) Counting Specified ZEVs Placed in a Section 177 State and in 

California. 

1. Provisions for 2009 Model Year. 

 a. ZEVs, excluding NEVs and Type 0 ZEVs, that are either certified to 

the California ZEV standards or approved as part of an advanced technology 

demonstration program and are placed in service in a section 177 state, may be 

counted towards compliance with the California percentage ZEV requirements in 

section 1962.1(b), including the requirements in section 1962.1(b)(2)(B), as if they were 

delivered for sale and placed in service in California. 

b. ZEVs, excluding NEVs and Type 0 ZEVs that are certified to the 

California ZEV standards or approved as part of an advanced technology 

demonstration program and are placed in service in California may be counted towards 

the percentage ZEV requirements of any section 177 state, including requirements 

based on section 1962.1(b)(2)(B). 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 15 

2. Provisions for 2010 and Subsequent Model Years. Specified 

model year ZEVs, excluding NEVs and Type 0 ZEVs, that are either certified to the 

California ZEV standards applicable for the ZEV’s model year or approved as part of an 

advanced technology demonstration program and are placed in service in California or 

in a section 177 state may be counted towards compliance in California and in all 

section 177 states, with the percentage ZEV requirements in section 1962.1(b), 

provided that the credits are multiplied by the ratio of an LVM’s applicable production 

volume for a model year, as specified in section 1962.1(b)(1)(B), in the state receiving 

credit to the LVM’s applicable production volume (hereafter, “proportional value”), as 

specified in section 1962.1(b)(1)(B), for the same model year in California. Credits 

generated in a section 177 state will be earned at the proportional value in the 

section 177 state, and earned in California at the full value specified in 

section 1962.1(d)(5)(C). However, credits generated by 2010 and 2011 model-year 

vehicles produced, delivered for sale, and placed in service or as part of an advanced 

technology demonstration program in California to meet any section 177 state’s 

requirements that implement section 1962.1(b)(2)(B) are exempt from proportional 

value, with the number of credits exempted from proportional value allowed being 

limited to the number of credits needed to satisfy a manufacturer’s section 177 state’s 

requirements that implement section 1962.1(b)(2)(B)1.b. The table below specifies the 

qualifying model years for each ZEV type that may be counted towards compliance in 

all section 177 states. 

 

Vehicle Type Model Years: 

Type I, I.5, or II ZEV 2009 – 2014 

Type III, IV, or V ZEV 2009 – 2017 

 (F) NEVs. Beginning in 2010 model year, to be eligible for the credit 

amount in section 1962.1(d)(5)(C), NEVs must meet the following specifications and 

requirements in this section 1962.1(d)(5)(F):

1. Specifications. A 2010 and subsequent model year NEV earns 

credit when it meets all the following specifications: 

a. Acceleration. The vehicle has a 0-20 mph acceleration of 

6.0 seconds or less when operating with a payload of 332 pounds and starting with the 

battery at a 50% state of charge. 

b. Top Speed. The vehicle has a minimum top speed of 20 mph 

when operating with a payload of 332 pounds and starting with the battery at a 50% 

state of charge. The vehicle’s top speed shall not exceed 25 mph when tested in 

accordance with 49 CFR 571.500 (68 FR 43972, July 25, 2003). 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 16 

c. Constant Speed Range. The vehicle has a minimum 25-mile 

range when operating at constant top speed with a payload of 332 pounds and starting 

with the battery at 100% state of charge. 

2. Battery Requirement. A 2010 and subsequent model year NEV 

must be equipped with one or more sealed, maintenance-free batteries. 

3. Warranty Requirement. A 2010 and subsequent model year NEV 

drive train, including battery packs, must be covered for a period of at least 24 months. 

At least 6 months of the first 12 months of the NEV warranty period must be covered by 

a full warranty; the remainder of the first 12 months and all of the second 12 months of 

the warranty period may be optional extended warranties (available for purchase) and 

may be prorated. If the extended warranty is prorated, the percentage of the battery 

pack's original value to be covered or refunded must be at least as high as the 

percentage of the prorated coverage period still remaining. For the purpose of this 

computation, the age of the battery pack must be expressed in intervals no larger than 

three months. Alternatively, a manufacturer may cover 50 percent of the original value 

of the battery pack for the full period of the extended warranty. 

4. Prior to allowance approval, the Executive Officer may request that 

the manufacturer provide copies of representative vehicle and battery warranties. 

 (e) [RESERVED] 

(f) Extended Service Multiplier for 1997-2003 Model Year ZEVs and 

PZEVs With ≥ 10 Mile Zero-Emission Range. Except in the case of a NEV, an 

additional ZEV or PZEV multiplier will be earned by the manufacturer of a 1997 through 

2003 model year ZEV, or PZEV with ≥ 10 mile zero-emission range for each full year it 

is registered for operation on public roads in California beyond its first three years of 

service, in the 2009 through 2011 calendar years. For additional years of service 

starting earlier than April 24, 2003, the manufacturer will receive 0.1 times the ZEV 

credit that would be earned by the vehicle if it were leased or sold new in that year, 

including multipliers, on a year-by-year basis beginning in the fourth year after the 

vehicle is initially placed in service. For additional years of service starting 

April 24, 2003 or later, the manufacturer will receive 0.2 times the ZEV credit that would 

be earned by the vehicle if it were leased or sold new in that year, including multipliers, 

on a year-by-year basis beginning in the fourth year after the vehicle is initially placed in 

service. The extended service multiplier is reported and earned in the year following 

each continuous year of service. Additional credit cannot be earned after model 

year 2011. 

(g) Generation and Use of ZEV Credits; Calculation of Penalties 

(1) Introduction. A manufacturer that produces and delivers for sale in 

California ZEVs or PZEVs in a given model year exceeding the manufacturer’s ZEV 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 17 

requirement set forth in section 1962.1(b) shall earn ZEV credits in accordance with this 

section 1962.1(g). 

(2) ZEV Credit Calculations.

(A) Credits from ZEVs. The amount of g/mi ZEV credits earned by a 

manufacturer in a given model year from ZEVs shall be expressed in units of g/mi 

NMOG, and shall be equal to the number of credits from ZEVs produced and delivered 

for sale in California that the manufacturer applies towards meeting the ZEV 

requirements for the model year subtracted from the number of ZEVs produced and 

delivered for sale in California by the manufacturer in the model year and then 

multiplied by the NMOG fleet average requirement for PCs and LDT1s, or LDT2s as 

applicable, for that model year. 

(B) Credits from PZEVs. The amount of g/mi ZEV credits from 

PZEVs earned by a manufacturer in a given model year shall be expressed in units of 

g/mi NMOG, and shall be equal to the total number of PZEVs produced and delivered 

for sale in California that the manufacturer applies towards meeting its ZEV requirement 

for the model year subtracted from the total number of PZEV allowances from PZEVs 

produced and delivered for sale in California by the manufacturer in the model year and 

then multiplied by the NMOG fleet average requirement for PCs and LDT1s, or LDT2s 

as applicable, for that model year. 

(C) Separate Credit Accounts. The number of credits from a 

manufacturer’s [i] ZEVs, [ii] Enhanced AT PZEVs, [iii] AT PZEVs, [iv] all other PZEVs, 

and [v] NEVs shall each be maintained separately. 

(3) ZEV Credits for MDVs and LDTs Other Than LDT1s. ZEVs and PZEVs 

classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV 

requirement for PCs, LDT1s and LDT2s as applicable, and included in the calculation of 

ZEV credits as specified in this section 1962.1(g) if the manufacturer so designates. 

(4) ZEV Credits for Advanced Technology Demonstration Programs. In 

model years 2009 through 2014, ZEVs and Enhanced AT PZEVs, excluding NEVs, 

placed in a California advanced technology demonstration program for a period of two 

or more years, may earn ZEV credits even if it is not “delivered for sale” or registered 

with the California Department of Motor Vehicles (DMV). To earn such credits, the 

manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer 

that the vehicles will be regularly used in applications appropriate to evaluate issues 

related to safety, infrastructure, fuel specifications or public education, and that for 

50 percent or more of the first two years of placement the vehicle will be operated in 

California. Such a vehicle is eligible to receive the same allowances and credits that it 

would have earned if placed in service. To determine vehicle credit, the model year 

designation for a demonstration vehicle shall be consistent with the model year 

designation for conventional vehicles placed in the same timeframe. Manufacturers 

may earn credit for as many as 25 vehicles per model, per ZEV state, per year under 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 18 

this section 1962.1(g)(4). A manufacturer’s vehicles in excess of the 25-vehicle cap will 

not be eligible for advanced technology demonstration program credits. 

(5) ZEV Credits for Transportation Systems. 

(A) General. In model years 2009 and subsequent, a ZEV placed, for 

two or more years, as part of a transportation system may earn additional ZEV credits, 

which may be used in the same manner as other credits earned by vehicles of that 

category, except as provided in section (g)(5)(C) below. In model years 2009 through 

2011, an Enhanced AT PZEV, AT PZEV or PZEV placed as part of a transportation 

system may earn additional ZEV credits, which may be used in the same manner as 

other credits earned by vehicles of that category, except as provided in section (g)(5)(C) 

below. A NEV is not eligible to earn credit for transportation systems. To earn such 

credits, the manufacturer must demonstrate to the reasonable satisfaction of the 

Executive Officer that the vehicle will be used as a part of a project that uses an 

innovative transportation system as described in section (g)(5)(B) below. 

(B) Credits Earned. In order to earn additional credit under this 

section (g)(5), a project must at a minimum demonstrate [i] shared use of ZEVs, 

Enhanced AT PZEVs, AT PZEVs or PZEVs, and [ii] the application of “intelligent” new 

technologies such as reservation management, card systems, depot management, 

location management, charge billing and real-time wireless information systems. If, in 

addition to factors [i] and [ii] above, a project also features linkage to transit, the project 

may receive further additional credit. For ZEVs only, not including NEVs, a project that 

features linkage to transit, such as dedicated parking and charging facilities at transit 

stations, but does not demonstrate shared use or the application of intelligent new 

technologies, may also receive additional credit for linkage to transit. The maximum 

credit awarded per vehicle shall be determined by the Executive Officer, based upon an 

application submitted by the manufacturer and, if appropriate, the project manager. 

The maximum credit awarded shall not exceed the following: 

Type of 

Vehicle 

Model Year Shared Use, 

Intelligence 

Linkage to 

Transit 

PZEV through 2011 2 1 

AT PZEV through 2011 4 2 

Enhanced AT 

PZEV 

2009 through 2011 4 2 

ZEV 2009 through 2011 6 3 

Enhanced AT 

PZEV 

2012 and 

subsequent 

1 1 

ZEV 2012 and 

subsequent 

2 1 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 19 

(C) Cap on Use of Credits. 

1. ZEVs. Credits earned or allocated by ZEVs pursuant to this 

section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-tenth of a manufacturer’s ZEV obligation in any given model year, and 

may be used to satisfy up to one-tenth of a manufacturer’s ZEV obligation which must 

be met with ZEVs, as specified in section 1962.1(b)(2)(D)3. 

2. Enhanced AT PZEVs. Credits earned or allocated by Enhanced 

AT PZEVs pursuant to this section (g)(5), not including all credits earned by the vehicle 

itself, may be used to satisfy up to one-tenth of a manufacturer’s ZEV obligation in any 

given model year, but may only be used in the same manner as other credits earned by 

vehicles of that category. 

3. AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to 

this section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-twentieth of a manufacturer’s ZEV obligation in any given model year, 

but may only be used in the same manner as other credits earned by vehicles of that 

category. 

4. PZEVs. Credits earned or allocated by PZEVs pursuant to this 

section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-fiftieth of the manufacturer’s ZEV obligation in any given model year, 

but may only be used in the same manner as other credits earned by vehicles of that 

category. 

(D) Allocation of Credits. Credits shall be assigned by the Executive 

Officer to the project manager or, in the absence of a separate project manager, to the 

vehicle manufacturers upon demonstration that a vehicle has been placed in a project. 

Credits shall be allocated to vehicle manufacturers by the Executive Officer in 

accordance with a recommendation submitted in writing by the project manager and 

signed by all manufacturers participating in the project, and need not be allocated in 

direct proportion to the number of vehicles placed. 

(6) Use of ZEV Credits. A manufacturer may meet the ZEV requirements in 

any given model year by submitting to the Executive Officer a commensurate amount of 

g/mi ZEV credits, consistent with section 1962.1(b). Credits in each of the categories 

may be used to meet the requirement for that category as well as the requirements for 

lesser credit earning ZEV categories, but shall not be used to meet the requirement for 

a greater credit earning ZEV category. For example, credits produced from Enhanced 

AT PZEVs may be used to comply with AT PZEV requirements, but not with the portion 

that must be satisfied with ZEVs. These credits may be earned previously by the 

manufacturer or acquired from another party. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 20 

(A) NEVs. Credits earned from NEVs offered for sale or placed in 

service in model years 2001 through 2005 cannot be used to satisfy more than the 

percentage limits described in the following table:

Model 

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 50% 2012 – 

2014 

May be met with PZEVs No Limit 

Additionally, credits earned from NEVs offered for sale or placed in service in model 

years 2006 or later can be used to satisfy the percentage limits described in the 

following table: 

Model 

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 

2009 - 0% 

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 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 21 

This limitation applies to NEV credits earned by the same manufacturer or earned by 

another manufacturer and acquired. 

 (B) Carry forward provisions for LVMs. ZEV credits generated from 

excess production in model years 2009 and subsequent, including those acquired from 

another party, may be carried forward and applied to the ZEV minimum floor 

requirement specified in sections 1962.1(b)(2)(B)1.b. and (b)(2)(D) for two subsequent 

model years. Beginning with the third subsequent model year, those earned ZEV 

credits may no longer be used to satisfy the manufacturer’s percentage ZEV obligation 

that may only be satisfied by credits from ZEVs, but may be used to satisfy the 

manufacturer’s percentage ZEV obligation that may be satisfied by credits from 

Enhanced AT PZEVs, AT PZEVs, or PZEVs. For example, ZEV credit earned in 2010 

would retain full flexibility through 2012, after which time that credit could only be used 

as Enhanced AT PZEV, AT PZEV, or PZEV credits. 

 (C) Carry forward provisions for manufacturers other than LVMs. 

ZEV credits generated from 2009 and subsequent model year production by 

manufacturers that are not LVMs may be carried forward by the manufacturer 

producing the ZEV credit until the manufacturer becomes subject to the LVM 

requirements, after the transition period permitted in section 1962.1(b)(7)(A). When 

subject to the LVM requirements, a manufacturer must comply with the provisions of 

section 1962.1(g)(6)(B). 

ZEV credits traded by a manufacturer other than a LVM to any other manufacturer, 

including a LVM, are subject to section 1962.1(g)(6)(B), beginning in the model year in 

which they were produced (e.g., a 2009 model year ZEV credit traded in calendar year 

2010 can only be applied towards the portion of the manufacturer’s requirement that 

must be met with ZEVs through model year 2011; beginning in model year 2012, the 

credit can only be applied to the portion of the manufacturer’s requirement that may be 

met with Enhanced AT PZEVs, AT PZEVs, or PZEVs). 

 

(7) Requirement to Make Up a ZEV Deficit. 

(A) General. A manufacturer that produces and delivers for sale in 

California fewer ZEVs than required in a given model year shall make up the deficit by 

the end of the third model year by submitting to the Executive Officer a commensurate 

amount of g/mi ZEV credits. The amount of g/mi ZEV credits required to be submitted 

shall be calculated by [i] adding the number of ZEVs produced and delivered for sale in 

California by the manufacturer for the model year to the number of ZEV allowances 

from partial ZEV allowance vehicles produced and delivered for sale in California by the 

manufacturer for the model year (for a LVM, not to exceed that permitted under section 

1962.1(b)(2)), [ii] subtracting that total from the number of ZEVs required to be 

produced and delivered for sale in California by the manufacturer for the model year, 

and [iii] multiplying the resulting value by the fleet average requirements for PCs and 

LDT1s for the model year in which the deficit is incurred. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 22 

(8) Penalty for Failure to Meet ZEV Requirements. Any manufacturer that 

fails to produce and deliver for sale in California the required number of ZEVs and 

submit an appropriate amount of g/mi ZEV credits and does not make up ZEV deficits 

within the specified time allowed by section 1962.1(g)(7)(A) shall be subject to the 

Health and Safety Code section 43211 civil penalty applicable to a manufacturer that 

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

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

ZEV deficits are not balanced by the end of the specified time allowed by 

section 1962.1(g)(7)(A). For the purposes of Health and Safety Code section 43211, 

the number of vehicles not meeting the state board’s standards shall be calculated 

according to the following equation, provided that the percentage of a LVM’s 

ZEV requirement for a given model year that may be satisfied with PZEV allowance 

vehicles or credits from such vehicles may not exceed the percentages permitted under 

section 1962.1(b)(2)(A): 

(No. of ZEVs required to be produced and delivered for sale in California for the 

model year) - (No. of ZEVs produced and delivered for sale in California for the 

model year) - (No. of ZEV allowances from partial ZEV allowance vehicles 

produced and delivered for sale in California for the model year) - [(Amount of 

ZEV credits submitted for the model year) / (the fleet average requirement for 

PCs and LDT1s for the model year)] 

(h) Test Procedures. 

(1) Determining Compliance. The certification requirements and test 

procedures for determining compliance with this section 1962.1 are set forth in 

“California Exhaust Emission Standards and Test Procedures for 2009 and Subsequent 

Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric 

Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” 

adopted by the state board on December 17, 2008, which is incorporated herein by 

reference. 

 

 (2) NEV Compliance. The test procedures for determining compliance with 

section 1962.1(d)(5)(F)1. are set forth in ETA-NTP002 (revision 3) “Implementation of 

SAE Standard J1666 May 93: Electric Vehicle Acceleration, Gradeability, and 

Deceleration Test Procedure” adopted on December 1, 2004, and ETA-NTP004 

(revision 2) “Electric Vehicle Constant Speed Range Tests” adopted on 

December 1, 2004. 

(i) ZEV-Specific Definitions. The following definitions apply to this section 

1962.1. 

(1) “Advanced technology PZEV” or “AT PZEV” means any PZEV with an 

allowance greater than 0.2 before application of the PZEV early introduction phase-in 

multiplier. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 23 

(2) “Battery electric vehicle” means any vehicle that operates solely by use of 

a battery or battery pack, or that is powered primarily through the use of an electric 

battery or battery pack but uses a flywheel or capacitor that stores energy produced by 

the electric motor or through regenerative braking to assist in vehicle operation. 

(3) “Charge depletion range actual” or “Rcda” means the distance achieved by 

a hybrid electric vehicle on a specified driving cycle at the point when the zero -

emission energy storage device is depleted of off-vehicle charge and regenerative 

braking derived energy. 

(4) “Electric drive system” means an electric motor and associated power 

electronics which provide acceleration torque to the drive wheels sometime during 

normal vehicle operation. This does not include components that could act as a motor, 

but are configured to act only as a generator or engine starter in a particular vehicle 

application. 

 (5) “Enhanced AT PZEV” means any PZEV that has an allowance of 1.0 or 

greater per vehicle without multipliers and makes use of a ZEV fuel. 

 (6) “Neighborhood electric vehicle” or “NEV” means a motor vehicle that 

meets the definition of Low-Speed Vehicle either in section 385.5 of the Vehicle Code 

or in 49 CFR 571.500 (as it existed on July 1, 2000), and is certified to zero-emission 

vehicle standards. 

 (7) “Placed in service” means having been sold or leased to an end-user and 

not to a dealer or other distribution chain entity, and having been individually registered 

for on-road use by the California Department of Motor Vehicles. 

 (8) “Regenerative braking” means the partial recovery of the energy normally 

dissipated into friction braking that is returned as electrical current to an energy storage 

device. 

 (9) “Section 177 state” means a state that is administering the California ZEV 

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

 (10) “Type 0, I, I.5, II, III, IV, and V ZEV” all have the meanings set forth in 

section 1962.1(d)(5)(A). 

 

 (11) “ZEV fuel” means a fuel that provides traction energy in on-road ZEVs. 

Examples of current technology ZEV fuels include electricity, hydrogen, and 

compressed air. 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 24 

(j) Abbreviations. The following abbreviations are used in this 

section 1962.1: 

 “AER” means all-electric range. 

 “AT PZEV” means advanced technology partial zero-emission vehicle. 

 “DMV” means the California Department of Motor Vehicles. 

 “EAER” means equivalent all electric range. 

“EAER40” means the equivalent all-electric range that a 40 mile Rcda plug-in 

hybrid electric vehicle achieves. 

“HEV” means hybrid-electric vehicle. 

 “LDT” means light-duty truck. 

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

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

pounds to a gross vehicle weight of 8500 pounds, or a “LEV I” light-duty truck 

with a loaded vehicle weight of 3751-5750 pounds. 

“LVM” means large volume manufacturer. 

“MDV” means medium-duty vehicle. 

“Non-Methane Organic Gases” or “NMOG” means the total mass of oxygenated 

and non-oxygenated hydrocarbon emissions. 

“NEV” means neighborhood electric vehicle. 

“NOx” means oxides of nitrogen. 

“PC” means passenger car. 

“PZEV” means partial zero-emission vehicle, any vehicle that is delivered for sale 

in California and that qualifies for a partial ZEV allowance of at least 0.2. 

“Rcda” means charge depletion range actual. 

“SAE” means Society of Automotive Engineers. 

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

“UDDS” means urban dynamometer driving cycle. 

“UF” means utility factor. 

“US06” means the US06 Supplemental Federal Test Procedure 

 “VMT” means vehicle miles traveled. 

“ZEV” means zero-emission vehicle. 

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

that any provision of this section is held to be invalid, the remainder of this article 

remains in full force and effect. 

 (l) Public Disclosure. Records in the Board’s possession for the vehicles 

subject to the requirements of section 1962.1 shall be subject to disclosure as public 

records as follows: 

(1) Each manufacturer’s annual production data and the corresponding 

credits per vehicle earned for ZEVs (including ZEV type), Enhanced AT PZEVs, AT 

PZEVs, and PZEVs for the 2009 and subsequent model years; and 
Final Regulation Order – Part 5 Final §1962.1 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

 25 

(2) Each manufacturer’s annual credit balances for 2010 and subsequent 

years for: 

(A) Each type of vehicle: ZEVs (minus NEVs), NEVs, 

Enhanced AT PZEVs, AT PZEVs, and PZEVs; and 

(B) Advanced technology demonstration programs; and 

(C) Transportation systems; and 

(D) Credits earned under section 1962.1(d)(5)(C), including credits 

acquired from, or transferred to another party. 

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

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

43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43205, and 

43206, Health and Safety Code.