460 
(1) IN GENERAL.—The Administrator shall promulgate regulations 
establishing requirements under this section applicable in California. 
(2) CLEAN-FUEL
VEHICLES.—The regulations shall provide that 
clean-fuel vehicles shall be produced, sold, and distributed (in accord-
ance with normal business practices and applicable franchise agree-
ments) to ultimate purchasers in California (including owners of cov-
ered fleets under section 225106 of this title) in numbers that meet 
or exceed 300,000 in each model year. 
(3) CLEAN ALTERNATIVE FUELS.— 
(A) SIP.—The California implementation plan shall include a 
clean fuel plan that requires that clean alternative fuels on which 
the clean-fuel vehicles required under this section can operate shall 
be produced and distributed by fuel suppliers and made available 
in California. 
(B) SUFFICIENCY.—At a minimum, sufficient clean alternative 
fuels shall be produced, distributed, and made available to ensure 
that all clean-fuel vehicles required under this section can operate, 
to the maximum extent practicable, exclusively on such fuels in 
California. The State shall require that clean alternative fuels be 
made available and offered for sale at an adequate number of loca-
tions with sufficient geographic distribution to ensure convenient 
refueling with clean alternative fuels, considering the number of, 
and type of, such vehicles sold and the geographic distribution of 
such vehicles within the State. 
(C) DETERMINATION.—The State shall determine the clean al-
ternative fuels to be produced, distributed, and made available 
based on motor vehicle manufacturers’ projections of future sales 
of such vehicles and consultations with the affected local govern-
ments and fuel suppliers. 
(D) CREDITS.—The State may by regulation grant persons sub-
ject to the requirements prescribed under this paragraph an ap-
propriate amount of credits for exceeding the requirements, and 
any person granted credits may transfer some or all of the credits 
for use by 1 or more persons in demonstrating compliance with 
the requirements. The State may make the credits available for 
use after consideration of enforceability, environmental, and eco-
nomic factors and on such terms and conditions as the State finds 
appropriate. 
(E) SPECIFICATIONS.—The State may by regulation establish 
specifications for any clean alternative fuel produced and made 
available under this paragraph as the State finds necessary to re-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
461 
duce or eliminate an unreasonable risk to public health, welfare, 
or safety associated with its use or to ensure acceptable vehicle 
maintenance and performance characteristics. 
(F) UNDERGROUND STORAGE TANKS.—If a retail gasoline dis-
pensing facility would have to remove or replace 1 or more motor 
vehicle fuel underground storage tanks and accompanying piping 
to comply with this section, and it had removed and replaced the 
tank or tanks and accompanying piping to comply with subtitle I 
of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) before 
November 15, 1990, it shall not be required to comply with this 
subsection until a period of 7 years has passed from the date of 
the removal and replacement of the tank or tanks. 
(G) EFFECT OF SECTION.—Nothing in this section authorizes 
any State other than California to adopt provisions regarding 
clean alternative fuels. 
(H) FAILURE OF STATE TO MAINTAIN CLEAN AIR PROGRAM.— 
If California fails to adopt a clean fuel program that meets the 
requirements of this paragraph, the Administrator shall establish 
a clean fuel program for California under this paragraph and sec-
tion 211110(c) of this title that meets the requirements of this 
paragraph. 
(d) CREDITS FOR MOTOR VEHICLE MANUFACTURERS.— 
(1) IN GENERAL.— 
(A) GRANT OF CREDITS.—The Administrator may by regulation 
grant a motor vehicle manufacturer an appropriate amount of 
credits toward fulfillment of the manufacturer’s share of the re-
quirements of subsection (c)(2) for either of the following (or any 
combination thereof): 
(i) The sale of more clean-fuel vehicles than is required 
under subsection (c)(2). 
(ii) The sale of clean-fuel vehicles that meet standards es-
tablished by the Administrator as provided in paragraph (3) 
that are more stringent than the clean-fuel vehicle standards 
otherwise applicable to clean-fuel vehicles. 
(B) USE OF CREDITS.—A manufacturer granted credits under 
subparagraph (A) may transfer some or all of the credits for use 
by 1 or more other manufacturers in demonstrating compliance 
with the requirements prescribed under this section. 
(C) CONSIDERATIONS.—The Administrator may make the cred-
its available for use after consideration of enforceability, environ-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
462 
mental, and economic factors and on such terms and conditions 
as the Administrator finds appropriate. 
(D) OTHER REQUIREMENTS OR CREDITS.—The Administrator 
shall grant credits in accordance with this paragraph notwith-
standing any requirements of State law or any credits granted 
with respect to the same vehicles under any State law (including 
a regulation). 
(2) ADMINISTRATION; REGULATIONS.—The Administrator shall ad-
minister the credit program established under this subsection. The Ad-
ministrator shall promulgate regulations for the credit program. 
(3) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.— 
The more stringent standards and other requirements (including re-
quirements relating to the weighting of credits) established by the Ad-
ministrator for purposes of the credit program under section 225106(f) 
of this title shall apply for purposes of the credit program under this 
subsection. 
(e) NO EXTENSION OR TERMINATION BY ADMINISTRATOR; NONAPPLICA-
BILITY OF SECTION 215109.— 
(1) NO EXTENSION OR TERMINATION BY ADMINISTRATOR.—The pro-
gram under this section cannot be extended or terminated by the Ad-
ministrator except by Act of Congress enacted after November 15, 
1990. 
(2) NONAPPLICABILITY OF SECTION 215109.—Section 215109 of this 
title does not apply to the program under this section. 
(f) VOLUNTARY OPT-IN FOR OTHER STATES.— 
(1) REGULATIONS.—The Administrator shall promulgate regulations 
establishing a voluntary opt-in program under this subsection pursuant 
to which— 
(A) clean-fuel vehicles that are required to be produced, sold, 
and distributed in California under this section; and 
(B) clean alternative fuels required to be produced and distrib-
uted under this section by fuel suppliers and made available in 
California; 
may also be sold and used in other States that have an implementation 
plan provision under paragraph (2). 
(2) PLAN PROVISION.—Any State in which there is located all or 
part of an ozone nonattainment area classified under chapter 215 as 
a serious area, severe area, or extreme area may include in its imple-
mentation plan a provision under which incentives are provided for the 
sale or use in the ozone nonattainment area or State of clean-fuel vehi-
cles that are required to be produced, sold, and distributed in Cali-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
463 
fornia, and for the use in the ozone nonattainment area or State of 
clean alternative fuels required to be produced and distributed by fuel 
suppliers and made available in California. Such a plan provision shall 
not take effect until 1 year after the State has provided notice of the 
provision to motor vehicle manufacturers and to fuel suppliers. 
(3) INCENTIVES.— 
(A) IN GENERAL.—The incentives under paragraph (2) may in-
clude any or all of the following: 
(i) A State registration fee on new motor vehicles reg-
istered in the State that are not clean-fuel vehicles in the 
amount of at least 1 percent of the cost of the vehicle. 
(ii) Provisions to exempt clean-fuel vehicles from high occu-
pancy vehicle or trip reduction requirements. 
(iii) Provisions to provide preference in the use of existing 
parking spaces for clean-fuel vehicles. 
(B) USE OF PROCEEDS.—The proceeds of a fee under subpara-
graph (A)(i) shall be used to provide financial incentives to pur-
chasers of clean-fuel vehicles and to vehicle dealers that sell high 
volumes or high percentages of clean-fuel vehicles and to defray 
the administrative costs of the incentive program. 
(C) COVERED
FLEET
VEHICLES.—The incentives under this 
paragraph shall not apply in the case of covered fleet vehicles. 
(4) NO
SALES
OR
PRODUCTION
MANDATE.—The regulations and 
plan provisions under paragraphs (1) and (2) shall not include any pro-
duction or sales mandate for clean-fuel vehicles or clean alternative 
fuels. The regulations and plan provisions shall provide that vehicle 
manufacturers and fuel suppliers may not be subject to penalties or 
sanctions for failing to produce or sell clean-fuel vehicles or clean alter-
native fuels. 
§ 225110. General provisions 
(a) STATE REFUELING FACILITIES.—If any State adopts an enforceable 
provision in an implementation plan applicable to a nonattainment area that 
provides that existing State refueling facilities will be made available to the 
public for the purchase of clean alternative fuels or that State-operated re-
fueling facilities for clean alternative fuels will be constructed and operated 
by the State and made available to the public at reasonable times, taking 
into consideration safety, costs, and other relevant factors, in approving the 
plan under section 211110 of this title and chapter 215 the Administrator 
may credit a State with the emission reductions attributable to those actions 
for purposes of chapter 215. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS