(a) Purpose. The purpose of sections 1963, 1963.1, 1963.2, 1963.3, 1963.4, and 1963.5 is to accelerate the market for on-road zero-emission vehicles and to reduce emissions of oxides of nitrogen (NOx), fine particulate matter (PM), other criteria pollutants, toxic air contaminants, and greenhouse gases (GHG) from medium- and heavy-duty on-road vehicles.
(b) Scope and Applicability. Any manufacturer that certifies on-road vehicles over 8,500 lbs. gross vehicle weight rating for sale in California is subject to sections 1963, 1963.1, 1963.2, 1963.3, 1963.4, and 1963.5 except as specified in section 1963(e).
(c) Definitions. The following definitions apply for sections 1963 through 1963.5:
(1) “All-electric range” means the number of miles a vehicle can travel using electricity stored on-board the vehicle as tested per the requirements of 17 CCR section 95663(d) for on-road vehicles with a GVWR over 8,500 lbs.
(2) “Class 2b-3” means an on-road vehicle with a GVWR that is 8,501 pounds up to 14,000 pounds.
(3) “Class 2b-3 group” means the group of all on-road vehicles with a GVWR that is 8,501 pounds up to 14,000 pounds.
(4) “Class 4” means an on-road vehicle with a GVWR that is 14,001 pounds up to 16,000 pounds.
(5) “Class 4-8 group” means the group of all on-road vehicles with a GVWR that is 14,001 pounds and above, including “yard tractors” as defined in 1963(c)(20), except for a “tractor” as defined in section 1963(c)(18).
(6) “Class 5” means an on-road vehicle with a GVWR that is 16,001 pounds up to 19,500 pounds.
(7) “Class 6” means an on-road vehicle with a GVWR that is 19,501 pounds up to 26,000 pounds.
(8) “Class 7” means an on-road vehicle with a GVWR that is 26,001 pounds up to 33,000 pounds.
(9) “Class 7-8 tractor group” means a group of on-road vehicles, that have a GVWR 26,001 pounds and above, including all vehicles that meet the definition of “tractor” as defined in section 1963(c)(18), except “yard tractors” as defined in section 1963(c)(20).
(10) “Class 8” means an on-road vehicle with a GVWR that is 33,001 pounds and above.
(11) “Excluded bus” means a vehicle that meets the following conditions:
(A) A passenger-carrying vehicle with a GVWR that is 14,001 pounds or more;
(B) Has a load capacity of fifteen (15) or more passengers;
(C) Is not a cutaway vehicle as defined in 13 CCR section 2023 (b)(17); and
(D) Is not a school bus as defined in the California Vehicle Code section 545.
(12) “Executive Officer” means the Executive Officer of the California Air Resources Board (CARB) or his or her authorized representative.
(13) “Gross vehicle weight rating or “GVWR” has the same meaning as GVWR in California Vehicle Code section 350.
(14) “Manufacturer” means any person who assembles new on-road motor vehicles, or imports such vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles, but shall not include any dealer with respect to new motor vehicles received in commerce. In general, this term includes any person who manufactures or assembles an on-road vehicle or other incomplete on-road vehicle for sale in California or otherwise introduces a new on-road motor vehicle into commerce in California. This includes importers who import on-road vehicles for resale and persons that assemble glider vehicles. This does not include persons who supply parts to the importer or vehicle manufacturer of record.
(15) “Model year” means a designation meeting the definition of “model year” under 17 CCR section 95662(a)(16).
(16) “Near-zero-emission vehicle” or “NZEV” means one of the following:
(A) An on-road plug-in hybrid electric vehicle which has the same definition as that in 40 CFR section 86.1803-01, amended on July 1, 2011, incorporated by reference herein, that achieves all-electric range as defined in section 1963(c)(1); or
(B) An on-road hybrid electric vehicle that has the capability to charge the battery from an off-vehicle conductive or inductive electric source and achieves all-electric range as defined in section 1963(c)(1).
(17) “NZEV credit” means a credit generated by producing and selling a NZEV in California.
(18) “Tractor” means an on-road vehicle meeting one of the following:
(A) The definition of “tractor” in 17 CCR section 95662(a)(23); or
(B) The definition of “vocational tractor” in 17 CCR section 95662(a)(27).
(19) “Vehicle” or “on-road vehicle” means new equipment that meets the following criteria:
(A) Has a GVWR that is 8,501 pounds and above;
(B) Is equipment intended for use on highways, and meets the definition set forth in 17 CCR section 95662(a)(26);
(C) Is not a trailer as defined in 17 CCR section 95662(a)(24); and
(D) Is not an excluded bus as defined in section 1963(c)(11).
(20) “Yard tractor” means a vehicle that was originally designed to be operated on-road and has a movable fifth wheel that can be elevated and is used in moving and spotting trailers and containers at a location or facility. Yard tractors are also commonly known as yard goats, hostlers, yard dogs, trailer spotters, or jockeys.
(21) “Zero-emission vehicle” or “ZEV” means an on-road vehicle with a drivetrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
(22) “ZEV credit” means a credit generated by producing and selling a ZEV into California.
(d) General Requirements. Except as provided in section 1963(e), a manufacturer must retire a number of ZEV or NZEV credits that equals or exceeds their total annual deficits each model year, subject to the provisions of section 1963.3.
(e) Low Volume Exemption. Each model year, starting in 2024, manufacturers that do not exceed 500 average annual sales of on-road vehicles produced and delivered for sale in California for the three prior model years are exempt from the requirements of sections 1963 through 1963.5. Manufacturers that meet this exemption as of 2021 but subsequently exceed 500 average annual vehicle sales in any model year become subject to the requirements of sections 1963 through 1963.5 starting the second model year after the average annual sales exceeded the threshold.
(f) Voluntary Credit Generation. Any manufacturer that is exempt may elect to generate ZEV or NZEV credits per the provisions of section 1963.2. If a manufacturer chooses to generate ZEV or NZEV credits, it must comply with the credit generation, banking, and trading provisions of section 1963.2, the reporting and recordkeeping requirements of section 1963.4, and the enforcement provisions of section 1963.5.
Credits
Note: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580, 39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43205 and 43205.5, Health and Safety Code.
History
1. New section filed 3-15-2021; operative 3-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 12). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/26/24 Register 2024, No. 17.
