California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 1 - Motor Vehicle Pollution Control Devices › Article 1 - General Provisions › Section 1900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
				  of this section supplement and are governed by the definitions set forth in
				  chapter 2 (commencing with section
				  39010), part 1, division 26 of the
				  Health and Safety Code, unless a specific definition set forth therein has been
				  revised in section (b) below to conform to federal law pursuant to Health and
				  Safety Code section
				  39601.
				  The definitions set forth in the applicable model-year new vehicle
				  certification and assembly-line test procedures adopted in this chapter are
				  hereby incorporated by reference.
(b) In addition to the definitions
				  incorporated under subdivision (a), the following definitions shall govern the
				  provisions of this chapter;
(1) "Add-on part"
				  means any aftermarket part which is not a modified part or a replacement
				  part.
(2) "Consolidated part" means
				  a part which is designed to replace a group of original equipment parts and
				  which is functionally identical of those original equipment parts in all
				  respects which in any way affect emissions (including durability).
(3) "Emissions-related part" means any
				  automotive part, which affects any regulated emissions from a motor vehicle
				  which is subject to California or federal emission standards. This includes, at
				  a minimum, those parts specified in the "Emissions-Related Parts List," adopted
				  by the State Board on November 4, 1977, as last amended June 1, 1990.
(4) "Gaseous fuels" means any liquefied
				  petroleum gas, liquefied natural gas, or compressed natural gas fuels for use
				  in motor vehicles.
(5) "Heavy-duty
				  engine" means an engine which is used to propel a heavy-duty vehicle.
(6) "Heavy-duty vehicle" means any motor
				  vehicle having a manufacturer's gross vehicle weight rating greater than 8,500
				  pounds, except passenger cars.
(7)
				  "Identical device" means a crankcase emission control device identical in all
				  respects, including design, materials, manufacture, installation and operation,
				  with a device which has been certified by the Air Resources Board or the Motor
				  Vehicle Pollution Control Board pursuant to the Health and Safety Code, but
				  which is manufactured by a person other than original manufacturer of the
				  device.
(8) "Independent low volume
				  manufacturer" means a manufacturer with California annual sales of less than
				  10,000 new passenger cars, light-duty trucks and medium-duty vehicles following
				  aggregation of sales pursuant to this section
				  1900(b)(8).
				  Annual sales shall be determined as the average number of sales sold for the
				  three previous consecutive model years for which a manufacturer seeks
				  certification; however, for a manufacturer certifying for the first time in
				  California, annual sales shall be based on projected California sales for the
				  model year. A manufacturer's California sales shall consist of all vehicles or
				  engines produced by the manufacturer and delivered for sale in California,
				  except that vehicles or engines produced by the manufacturer and marketed in
				  California by another manufacturer under the other manufacturer's nameplate
				  shall be treated as California sales of the marketing manufacturer. The annual
				  sales from different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
				  one of which is 10% or greater part owned by another, except in circumstances
				  for which the Executive Officer determines that 10% or greater ownership by one
				  of the firms does not result in responsibility for overall direction of both
				  firms; or
(2) vehicles produced by
				  any two or more firms if a third party has equity ownership of 10% or more in
				  each of the firms; or
(3) vehicles
				  produced by two or more firms having a common corporate officer(s) who is (are)
				  responsible for the overall direction of the companies; or
(4) vehicles imported or distributed by all
				  firms where the vehicles are manufactured by the same entity and the importer
				  or distributor is an authorized agent of the entity.
(9) "Intermediate volume manufacturer" means
				  any pre-2001 model year manufacturer with California sales between 3,001 and
				  60,000 new light- and medium-duty vehicles per model year based on the average
				  number of vehicles sold by the manufacturer each model year from 1989 to 1993;
				  any 2001 through 2002 model year manufacturer with California sales between
				  4,501 and 60,000 new light- and medium-duty vehicles per model year based on
				  the average number of vehicles sold by the manufacturer each model year from
				  1989 to 1993; any 2003 through 2017 model year manufacturer with California
				  sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the
				  average number of vehicles sold for the three previous consecutive model years
				  for which a manufacturer seeks certification; and any 2018 and subsequent model
				  year manufacturer with California sales between 4,501 and 20,000 new light- and
				  medium-duty vehicles based on the average number of vehicles sold for the three
				  previous consecutive model years for which a manufacturer seeks certification.
				  For a manufacturer certifying for the first time in California, model year
				  sales shall be based on projected California sales. A manufacturer's California
				  sales shall consist of all vehicles or engines produced by the manufacturer and
				  delivered for sale in California, except that vehicles or engines produced by
				  the manufacturer and marketed in California by another manufacturer under the
				  other manufacturer's nameplate shall be treated as California sales of the
				  marketing manufacturer.
For purposes of applying the 2005 through 2017 model year
					 zero-emission vehicle requirements for intermediate-volume manufacturers under
					 section 1962(b) or
					 1962.1(b), as
					 applicable, the annual sales from different firms shall be aggregated in the
					 case of (1) vehicles produced by two or more firms, each one of which either
					 has a greater than 50% equity ownership in another or is more than 50% owned by
					 another; or (2) vehicles produced by any two or more firms if a third party has
					 equity ownership of greater than 50% in each firm.
For purposes of applying the 2009 through 2016 model year
					 Greenhouse Gas requirements for intermediate volume manufacturers under section
					 1961.1, the annual sales from
					 different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
				  each one of which either has a greater than 10% equity ownership in another or
				  is more than 10% owned by another; or
(2)
				   vehicles produced by any two or more firms if a third party has
				  equity ownership of greater than 10% in each firm.
For the 2018 and subsequent model years, the annual sales
					 from different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
				  one of which is 33.4% or greater part owned by another; or
(2) vehicles produced by any two or more
				  firms if a third party has equity ownership of 33.4% or more in each of the
				  firms; or
(3) vehicles produced by
				  two or more firms having a common corporate officer(s) who is (are) responsible
				  for the overall direction of the companies; or
(4) vehicles imported or distributed by any
				  firms where the vehicles are manufactured by the same entity and the importer
				  or distributor is an authorized agent of the entity.
(10) "Large volume manufacturer" means any
				  2000 and subsequent model year manufacturer that is not a small volume
				  manufacturer, or an independent low volume manufacturer, or an intermediate
				  volume manufacturer.
(11)
				  "Light-duty truck" means any 2000 and subsequent model motor vehicle certified
				  to the standards in section
				  1961(a)(1),
				  1961.2, or
				  1961.4 rated at 8,500 pounds gross
				  vehicle weight or less, and any other motor vehicle, rated at 6,000 pounds
				  gross vehicle weight or less, which is designed primarily for purposes of
				  transportation of property or is a derivative of such a vehicle, or is
				  available with special features enabling off-street or off-highway operation
				  and use.
(12) "Medium-duty
				  passenger vehicle" means any medium-duty vehicle with a gross vehicle weight
				  rating of less than 10,000 pounds that is designed primarily for the
				  transportation of persons. The medium-duty passenger vehicle definition does
				  not include any vehicle which:
(1) is an
				  "incomplete truck" i.e., is a truck that does not have the primary load
				  carrying device or container attached; or
(2) has a seating capacity of more than 12
				  persons; or
(3) is designed for more
				  than 9 persons in seating rearward of the driver's seat; or
(4) is equipped with an open cargo area of
				  72.0 inches in interior length or more. A covered box not readily accessible
				  from the passenger compartment will be considered an open cargo area, for
				  purposes of this definition.
(13) "Medium-duty vehicle" means any pre-1995
				  model year heavy-duty vehicle having a manufacturer's gross vehicle weight
				  rating of 8,500 pounds or less; any 1992 through 2006 model-year heavy-duty
				  low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission
				  vehicle certified to the standards in section
				  1960.1(h)(2)
				  having a manufacturer's gross vehicle weight rating of 14,000 pounds or less;
				  any 1995 through 2003 model year heavy-duty vehicle certified to the standards
				  in section
				  1960.1(h)(1)
				  having a manufacturer's gross vehicle weight rating of 14,000 pounds or less;
				  and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission,
				  super-ultra-low-emission or zero-emission vehicle certified to the standards in
				  section 1961(a)(1),
				  1961.2,
				  1961.4,
				  1962,
				  1962.1, or
				  1962.2, having a manufacturer's
				  gross vehicle weight rating between 8,501 and 14,000 pounds.
(14) "Modified part" means any aftermarket
				  part intended to replace an original equipment emission-related part and which
				  is not functionally identical to the original equipment part in all respects
				  which in any way affect emissions, excluding a consolidated part.
(15) "Motorcycle Engine" means an engine
				  which is used to propel a new, street-use motorcycle.
(16) [Reserved]
(17) "Passenger car" means any motor vehicle
				  designed primarily for transportation of persons and having a design capacity
				  of twelve persons or less.
(18)
				  "Reactivity adjustment factor" means a fraction applied to the NMOG emissions
				  from a vehicle powered by a fuel other than conventional gasoline for the
				  purpose of determining a gasoline-equivalent NMOG level. The reactivity
				  adjustment factor is defined as the ozone-forming potential of clean fuel
				  vehicle exhaust divided by the ozone-forming potential of gasoline vehicle
				  exhaust.
(19) "Recall" means:
(A) The issuing of notices directly to
				  consumers that vehicles in their possession or control should be corrected,
				  and/or
(B) Efforts to actively
				  locate and correct vehicles in the possession or control of
				  consumers.
(20)
				  "Replacement part" means any aftermarket part intended to replace an original
				  equipment emissions-related part and which is functionally identical to the
				  original equipment part in all respects which in any way affect emissions
				  (including durability), or a consolidated part.
(21) "Subgroup" means a set of vehicles
				  within an engine family distinguishable by characteristics contained in the
				  manufacturer's application for certification.
(22) "Small volume manufacturer" means, with
				  respect to the 2001 and subsequent model-years, a manufacturer with California
				  sales less than 4,500 new passenger cars, light-duty trucks, medium-duty
				  vehicles, heavy-duty vehicles and heavy-duty engines based on the average
				  number of vehicles sold for the three previous consecutive model years for
				  which a manufacturer seeks certification as a small volume manufacturer;
				  however, for manufacturers certifying for the first time in California
				  model-year sales shall be based on projected California sales. A manufacturer's
				  California sales shall consist of all vehicles or engines produced by the
				  manufacturer and delivered for sale in California, except that vehicles or
				  engines produced by the manufacturer and marketed in California by another
				  manufacturer under the other manufacturer's nameplate shall be treated as
				  California sales of the marketing manufacturer. Except as provided in the next
				  paragraph, for the 2009 through 2017 model years, the annual sales from
				  different firms shall be aggregated in the following situations:
(1) vehicles produced by two or more firms,
				  one of which is 10% or greater part owned by another; or
(2) vehicles produced by any two or more
				  firms if a third party has equity ownership of 10% or more in each of the
				  firms; or
(3) vehicles produced by
				  two or more firms having a common corporate officer(s) who is (are) responsible
				  for the overall direction of the companies; or
(4) vehicles imported or distributed by any
				  firms where the vehicles are manufactured by the same entity and the importer
				  or distributor is an authorized agent of the entity. Notwithstanding the
				  provisions of this paragraph, upon application to the Executive Officer, a
				  manufacturer may be classified as a "small volume manufacturer" for the 2013
				  through 2017 model years if the Executive Officer determines that it is
				  operationally independent of the firm that owns 10% or more of the applicant or
				  has a greater than 10% equity ownership in the applicant based on the criteria
				  provided in the last paragraph of this subsection (b)(22).
For purposes of compliance with the zero-emission vehicle
					 requirements, heavy-duty vehicles and engines shall not be counted as part of a
					 manufacturer's sales. For purposes of applying the 2005 through 2017 model year
					 zero-emission vehicle requirements for small-volume manufacturers under
					 sections 1962(b) and
					 1962.1(b), the
					 annual sales from different firms shall be aggregated in the case of (1)
					 vehicles produced by two or more firms, each one of which either has a greater
					 than 50% equity ownership in another or is more than 50% owned by another; or
					 (2) vehicles produced by any two or more firms if a third party has equity
					 ownership of greater than 50% in each firm. Notwithstanding the provisions of
					 this paragraph, upon application to the Executive Officer, a manufacturer may
					 be classified as a "small volume manufacturer" for the 2013 through 2017 model
					 years if the Executive Officer determines that it is operationally independent
					 of the firm that owns 50% or more of the applicant or has a greater than 50%
					 equity ownership in the applicant based on the criteria provided in the last
					 paragraph of this subsection (b)(22).
Except as provided in the next paragraph, for the 2018 and
					 subsequent model years, the annual sales from different firms shall be
					 aggregated in the following situations:
(1) vehicles produced by two or more firms,
				  one of which is 33.4% or greater part owned by another; or
(2) vehicles produced by any two or more
				  firms if a third party has equity ownership of 33.4% or more in each of the
				  firms; or
(3) vehicles produced by
				  two or more firms having a common corporate officer(s) who is (are) responsible
				  for the overall direction of the companies; or
(4) vehicles imported or distributed by any
				  firms where the vehicles are manufactured by the same entity and the importer
				  or distributor is an authorized agent of the entity. Notwithstanding the
				  provisions of this paragraph, upon application to the Executive Officer, a
				  manufacturer may be classified as a "small volume manufacturer" for the 2018
				  and subsequent model years if the Executive Officer determines that it is
				  operationally independent of the firm that owns 33.4% or more of the applicant
				  or has a greater than 33.4% equity ownership in the applicant based on the
				  criteria provided in the last paragraph of this subsection (b)(22).
For the purposes of this paragraph, all manufacturers whose
					 annual sales are aggregated together under the provisions of this subsection
					 (b)(22) shall be defined as "related manufacturers." Notwithstanding such
					 aggregation, the Executive Officer may make a determination of operational
					 independence if all of the following criteria are met for at least 24 months
					 preceding the application submittal:
(1) for the three years preceding the year in
				  which the initial application is submitted, the average California sales for
				  the applicant does not exceed 4,500 vehicles per year;
(2) no financial or other support of economic
				  value is provided by related manufacturers for purposes of design, parts
				  procurement, R&D and production facilities and operation, and any other
				  transactions between related manufacturers are conducted under normal
				  commercial arrangements like those conducted with other parties, at competitive
				  pricing rates to the manufacturer;
(3) related manufacturers maintain separate
				  and independent research and development, testing, and production
				  facilities;
(4) the applicant does
				  not use any vehicle powertrains or platforms developed or produced by related
				  manufacturers;
(5) patents are not
				  held jointly with related manufacturers;
(6) related manufacturers maintain separate
				  business administration, legal, purchasing, sales, and marketing departments,
				  as well as autonomous decision-making on commercial matters;
(7) the overlap of the Board of Directors
				  between related manufacturers is limited to 25% with no sharing of top
				  operational management, including president, chief executive officer, chief
				  financial officer, and chief operating officer, and provided that no individual
				  overlapping director or combination of overlapping directors exercises
				  exclusive management control over either or both companies; and
(8) parts or components supply between
				  related companies must be established through open market process, and to the
				  extent that the manufacturer sells parts/components to non-related
				  manufacturers, it does so through the open market a competitive pricing. Any
				  manufacturer applying for operational independence must submit to ARB an
				  Attestation Engagement from an independent certified public accountant or firm
				  of such accountants verifying the accuracy of the information contained in the
				  application, as defined by and in accordance with the procedures established in
				  40 C.F.R. §
													80.125, as last amended January 19, 2007,
				  which is incorporated herein by reference. The applicant must submit
				  information to update any of the above eight criteria as material changes to
				  any of the criteria occur. If there are no material changes to any of the
				  criteria, the applicant must certify that to the Executive Officer annually.
				  With respect to any such changes, the Executive Officer may consider
				  extraordinary conditions (e.g., changes to economic conditions, unanticipated
				  market changes, etc.) and may continue to find the applicant to be
				  operationally independent. In the event that a manufacturer loses eligibility
				  as a "small volume manufacturer" after a material change occurs, the
				  manufacturer must begin compliance with the primary emissions program in the
				  third model year after the model year in which the manufacturer loses its
				  eligibility. The Executive Officer may, in his or her discretion, re-establish
				  lost "small volume manufacturer" status if the manufacturer shows that it has
				  met the operational independence criteria for three consecutive
				  years.