Printer-friendlySubpart 218-4: Zero Emission Vehicle Sales Mandate
(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301[2][N], 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105)
[Filed 11/16/04. Effective 30 days after filing.]
[Revisions to §§ 218-1, 218-8 and 218-9 effective 12/22/05]
[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this subpart appears below.]
For administrative information about this posting, contact: Division of Air Resources. The Bureau of Mobile Sources and Technology Development at (518) 402-8292 is the contact for technical questions pertaining to this rule.
Contents:
Sec.
§218-4.1 ZEV percentages
Commencing in model-year 2007, each manufacturer's sales fleet of passenger cars and light-duty trucks, produced and delivered for sale in New York, must, at minimum, contain at least the same percentage of ZEVs subject to the same requirements set forth in California Code of Regulations, title 13, section 1962 (see Table 1, section 200.9 of this Title) using New York specific vehicle numbers.
§218-4.2 Voluntary alternative compliance plan (ACP)
An automobile manufacturer may implement a voluntary alternative compliance plan (ACP) to section 218-4.1 of this Subpart, provided such plan complies with the following and has been approved by the commissioner.
(a) Core credit scheme. The core vehicle credit values for the ACP shall be the same as California Code of Regulations, title 13, section 1962 (see Table 1, section 200.9 of this Title).
(b) New York multiplier. After the core credit value for a vehicle is established by CARB pursuant to California Code of Regulations, title 13, section 1962 (see Table 1, section 200.9 of this Title), a New York specific multiplier will be applied to that vehicle in accordance with Table 1 of this section. The New York multiplier shall not be applied to type III ZEVs placed in service pursuant to the California Alternative Requirements for Large Volume Manufacturers as identified in the California Code of Regulations, title 13, section 1962(b)(2)(B). (see Table 1, section 200.9 of this Title).
| Model Year | Requirement | PZEV Credit Multiplier |
ATPZEV Credit Multiplier |
ZEV Credit Multiplier |
|---|---|---|---|---|
| 2002 | Voluntary Early Introduction | 1.5 | 1.5 | 3 |
| 2003 | Voluntary Early Introduction | 1.5 | 1.5 | 3 |
| 2004 | Voluntary Early Introduction | 1.5 | 2.25 | 3 |
| 2005 | Voluntary Early Introduction | 1.3 | 1.7 | 2 |
| 2006 | Mandatory Compliance | 1.15 | 1.3 | 1.5 |
| 2007 | Mandatory Compliance | 1.15 | 1.3 | 1.5 |
| 2008 | Mandatory Compliance | 1.15 | 1.3 | 1.5 |
| 2009 | Equivalency with California program | 1 | 1 | 1 |
(c) Percentage requirements. An automobile manufacturer's ACP must comply with the following percentage phase-in requirements except that if such manufacturer opts into California's alternative requirements for large volume manufacturers as provided in California Code of Regulations, title 13, section 1962(b)(2)(B), model year 2007 and 2008 minimum ZEV percentage requirements may be met in the manner identified in California Code of Regulations, title 13, section 1962(b)(2)(B)(2):
| Model Year | Minimum Percent ZEV Credit |
Minimum Percent AT PZEV Credit |
Maximum Percent ZEV Credit |
|---|---|---|---|
| 2006 | 0 | 10 | |
| 2007* | Combined | 9 | |
| 2008 | 1 | 2 | 7 |
*In MY 2007, one percent of a manufacturer's sales must be ZEV, AT PZEV or some combination thereof.
Intermediate volume manufacturers may meet the entire ZEV requirement with 100 percent PZEV credits. Small and independent low volume manufacturers are not required to meet the ZEV percentage requirements but are able to generate and trade credits.
(d) Infrastructure and transportation system projects. Automobile manufacturers may meet a total of 25 percent of their 10 percent ZEV requirement by implementing infrastructure and transportation demonstration projects in accordance with the following requirements. Manufacturers may seek credits for projects that advance infrastructure to encourage full development of alternative vehicle programs. Such projects may include alternative fuel refueling, fuel cells and home recharging for electric vehicles. Manufacturers may also seek credits for projects that result in the placement of advanced technology vehicles in innovative transportation systems. The commissioner shall take into account associated project costs and the relationship to supporting increased usage of advanced technology vehicles.
(e) Generation and use of credits. (1) Credit life, banking and trading will be calculated as per California Code of Regulations, title 13, section 1962. A manufacturer who generates twice as many credits from model-year 2006 or earlier PZEVs as required for model-year 2006 has through model-year 2009 to comply with the model-year 2007 AT PZEV/ZEV requirement. A manufacturer who qualifies for the 2006 AT PZEV/ZEV carryforward and generates twice as many PZEV credits as necessary for model-year 2007 has through model-year 2010 to comply with the model-year 2008 AT PZEV/ZEV requirement.
(2) A manufacturer who produces and delivers for sale in New York model year 2003, 2004, 2005 or 2006 PZEVs that generate credits exceeding (prior to the application of any credit multipliers from Table 1 of this section) the number of credits equal to six percent (10 percent for model year 2006) of the average annual sales volume of 1997, 1998 and 1999 PC and LDT1 vehicles delivered for sale in New York by the manufacturer, the manufacturer may use such excess credits as AT PZEV credits in the 2007 and 2008 model years.
(f) Reporting. (1) Projected compliance reports will be due by the commencement of the model year. This report will include projected vehicle sales organized by engine family, marketing plans, dealerships targeted for advanced technology vehicle sales and support, plans for infrastructure and transportation system projects and credits proposed to be earned, and manufacturer projected compliance rates including potential credits or debits.
(2) Compliance reports will be required and due with annual sales reports by March 31st (with the potential to amend, based on late sales) following the completed model year. This report will include vehicle sales organized by engine family, descriptions of infrastructure and transportation system projects, manufacturer compliance rates including credits or debits earned and the way the manufacturer plans to erase any debits.
(g) Such ACP shall include, at a minimum:
(1) a demonstration that the emissions reductions from the alternative program equal or exceed those which would result from the compliance with section 218-4.1 of this Subpart;
(2) a demonstration that the alternative compliance program will lead to full compliance with all elements of section 218-4.1 of this Subpart starting no later than model year 2009; and
(3) actions by the manufacturers that advance the sale and use of ZEV (including PZEV) and advanced technologies beyond that which would otherwise occur as a result of the fleet average requirements in Subpart 218-3 of this Part.
(h) Such ACP shall provide that advanced technology vehicle models, including ZEVs, sold or leased in California shall be available for purchase or lease in New York except for type III ZEVs placed in service pursuant to section 1962(b)(2)(B) of the California Code of Regulations (see Table 1, section 200.9 of this Title).
(i) Failure to meet the terms of the approved alternative compliance program will subject a manufacturer to all applicable penalties, and will require compliance with the ZEV mandate as prescribed in section 218-4.1 of this Subpart.
(j) A manufacturer shall notify the department of its intent to file an alternative compliance program within 60 days after the effective date of this regulation.