(a) The fleet average greenhouse gas exhaust emission levels from passenger cars, light-duty trucks and medium-duty passenger vehicles produced and delivered for sale in New York by a manufacturer each model-year shall not exceed the numbers set forth in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title) except as provided in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title).

(b) Credits and debits may be accrued and utilized based upon each manufacturer's sales of vehicles subject to this Part in New York, pursuant to the provisions set forth in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title).

(c) For a given model year, manufacturers will be given the voluntary option of demonstrating compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles certified to the California exhaust emission standards in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title), which are produced and delivered for sale in New York, California, and all other states that have adopted California's greenhouse gas emission standards pursuant to section 177 of the Clean Air Act. If a manufacturer that opts for the voluntary compliance option fails to meet the terms of the voluntary option, the manufacturer will be subject to all applicable penalties, and will be required to comply with the greenhouse gas standards as prescribed in subdivision (a) of this section.

(d) For a given model year, manufacturers may elect to demonstrate compliance with the California exhaust emissions standards by demonstrating compliance with the National Greenhouse Gas Program pursuant to California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title). Manufacturers with outstanding greenhouse gas debits at the end of the 2011 model year are required to submit a plan to the department detailing how the debits will be offset utilizing credits earned under the National Greenhouse Gas Program.