Resolve, Regarding Legislative Review of Portions of Chapter 127: New Motor Vehicle Emission Standards, a Major Substantive Rule of the Bureau of Air Quality
Maine Legislature, Session 122, LD 1465
Committee Amendment CA_A_H361 (House)

COMMITTEE AMENDMENT "J4" to H.P. 1028, L.D. 1465, "Resolve, 
Regarding Legislative Review of Portions of Chapter 127: 
New 
Motor Vehicle Emission Standards, a Major Substantive Rule of the 
Bureau of Air Quality" 
Amend the resolve by striking out all of section 1 
and 
inserting in its place the following: 
'Sec. 1. Adoption. Resolved: 
That final adoption of portions 
of 
Chapter 
127: 
New 
Motor 
Vehicle 
Emission 
Standards, 
a 
provisionally adopted major substantive rule of the Department of 
Environmental Protection, Bureau of Air Quality that has been 
submitted to the Legislature for review pursuant to the Maine 
Revised Statutes, 
Title 
5, 
chapter 
375, 
subchapter 
2-A, 
is 
authorized only if the rule is amended as follows. 
1. 
Section 4, subsection D is amended by changing the date 
by which a 
manufacturer who 
opts to utilize the alternative 
compliance mechanisms must notify the commissioner from March 1, 
2005 to October 1, 2005. 
2. 
Section 4, subsection D, paragraph (1), subparagraph (b) 
is amended to replace reference to the California Alternative 
Requirements for Large Volume Manufacturers as identified in the 
California Code of Regulations, Title 13, section 1962(b)(2)(B) 
with reference to the California Requirements for Large Volume 
Manufacturers 
as 
identified 
in 
the 
California 
Code 
of 
Regulations, Title 13, section 1962(b)(2). 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1028, L.D. 1465 
3. 
Section 4, subsection D, paragraph (1), subparagraph (d) 
is amended to require that starting with model year 2007 each 
manufacturer that opts 
into 
a 
compliance 
path described 
in 
subsection D, paragraph (1) shall make available for purchase or 
lease in Maine any PZEV, AT PZEV and ZEV models, except Type III 
ZEVs 
placed in service pursuant to 
the California 
Code 
of 
Regulations, Title 13, 
section 1962(b)(2), sold or leased in 
California. 
4. 
Section 4, subsection D, paragraph (1), subparagraph (e) 
is amended by adding language to: 
A. 
Require the commissioner to establish ZEV 
compliance 
accounts for each manufacturer and allocate the credits 
earned 
to 
the 
compliance 
accounts, 
including 
separate 
accounts for PZEV, AT PZEV, NEV, Type 0 ZEVs, Type I ZEVs, 
Type II 
ZEVs, 
Type III 
ZEVs, 
transportation system and 
extended service; and 
B. 
Require the commissioner to calculate the difference and 
apply a number of credits equal to the difference to the 
manufacturer's compliance account for each account if the 
number of credits earned pursuant to subparagraph (e) is 
less than the number of credits that would have been awarded 
to a manufacturer under section 4, subsection D, paragraph 
(2) of the rule described in subsection 6 of this section of 
this resolve. 
5. 
Section 4, subsection D, 
paragraph (1) is amended by 
adding a new subparagraph (f) to provide that a manufacturer is 
entitled to full credit for each Type III ZEV placed in service 
prior to model year 
2012 in any state that has adopted the 
California ZEV mandate. 
6. 
Section 4, 
subsection D is amended by adding a 
new 
paragraph (2) that adds language to: 
A. 
Require the commissioner to set aside a number of Maine 
ZEV credits proportionally equivalent to the number of ZEV 
credits possessed by the requesting manufacturer for use in 
the State of Cali,fornia at the beginning of the 2009 model 
year; 
B. 
Provide that the setting aside of credits will be 
performed only after all credit obligations for model years 
2008 and earlier have been satisfied in California; 
C. 
Provide 
that 
the 
manufacturer's 
California 
credit 
balances must be mul tiplied by the ratio of the average 
number of PCs and LDTls produced and delivered for sale in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. n 
. to H.P. 1028, L.D. 1465 
Maine 
to the 
combined average 
number 
of 
PCs 
and 
LDTls 
produced and delivered for sale in California in model years 
2003 to 2005 or, alternatively, by the ratio of PCs and 
LDTls produced and delivered for sale in California in model 
year 2009; 
D. 
Provide that the time period used to determine the 
credit transfer ratio will also be used to determine model 
year 2009 ZEV sales requirements in Maine; 
E. 
Require the commissioner to establish ZEV 
compliance 
accounts 
for each manufacturer 
and allocate the credits 
calculated under new paragraph (2) of the rule described in 
this subsection of this section of this resolve to the 
compliance accounts, including separate accounts for PZEV, 
AT PZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type II ZEVs, Type 
III ZEVs, transportation system and extended service; 
F. 
Require the commissioner to notify the manufacturer of 
the number of ZEV credits available for use by July 31, 2009 
and annually thereafter; 
G. 
Provide that credits issued pursuant to new paragraph 
(2) of the rule described in this subsection of this section 
of this resolve may be used in Maine only for compliance 
with the ZEV provisions of section 4, subsection C of the 
rule 
and 
are 
subject 
to 
the 
same 
requirements 
and 
limi tat ions on credit use set forth in the California Code 
of 
Regulations, 
Title 
13, 
section 
1962 
adjusted 
for 
Maine-specific vehicle numbers; . 
H. 
Provide that a manufacturer is entitled to full credit 
for each Type III ZEV placed in service prior to model year 
2012 
in any state that has 
adopted the California 
ZEV 
mandate; 
I. 
Require each manufacturer operating under the compliance 
path described in new paragraph (2) of the rule described in 
this subsection of this section of this resolve to: 
(1) 
By May 1, 2009 provide the commissioner with the 
total number 
of 
PC 
and 
LDTI 
vehicles produced 
and 
delivered for sale in Maine and California for 2003 to 
2005 
model 
years 
or, 
alternatively, 
provide 
the 
commissioner with the total projected number of PC and 
LDTI vehicles to be produced and delivered for sale in 
Maine and California in model year 2009, and by March 
1, 2010 provide the commissioner with actual 2009 model 
year PC and LDTI vehicles produced and delivered for 
sale in Maine and California; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT itA It to H.P. 1028, L.D. 1465 
(2) 
By May 1, 2009 provide the commissioner with the 
total number of banked California credits after all 
2008 model year and earlier obligations have been met; 
and 
(3) 
Starting with model year 2009, make available for 
purchase or lease in Maine any PZEV, 
AT PZEV and ZEV 
models, including all ZEVs except Type III ZEVs placed 
in 
service 
pursuant 
to 
the 
California 
Code 
of 
Regulations, Title 13, 
section 1962(b)(2), that are 
sold, leased or offered for sale in California; and 
J. 
Require the commissioner, by May 31, 2010, to adjust and 
notify 
a 
manufacturer 
who 
provides 
the 
alternative 
notification 
descr~bed in paragraph I 
of this section of 
this resolve of the number of ZEV credits established based 
on actual 2009 model year data. 
7. 
Section 8, subsection B, paragraph (4) is amended by 
adding or modifying language to require each manufacturer to 
submit a compliance report to the commissioner no later than May 
1st following the completed model year demonstrating compliance 
with section 4, paragraph C or section 4, paragraph D. ' 
SUMMARY 
This amendment authorizes the final adoption of portions of 
Chapter 
127: 
New 
Motor 
Vehicle 
Emission 
Standards, 
a 
provisionally adopted major substantive rule of the Department of 
Environmental Protection, Bureau of Air Quality that has been 
submitted to the Legislature for review pursuant to the Maine 
Revised Statutes, 
Title 
5, 
chapter 
375, 
subchapter 
2-11., 
if 
certain enumerated changes are made to the rule. 
liSCAL NOTE REQUIRED 
(See Attachedj 
COMMITTEE AMENDMENT 
Approved: 0511 0/05 ~ae 
LD 1465 
LR2290(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 127: New Motor Vehicle Emission 
Standards, a Major Substantive Rule Of the Bureau of Air Quality 
Fiscal Note for Bill as Amended by Committee Amendment "~,, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2290(2) - Fiscal Note - Page 1 of 1