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Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1001 - Air Quality Control CommissionRule 5 CCR 1001-24 - REGULATION NUMBER 20 COLORADO CLEAN CARS AND TRUCKS REGULATION
Part D - ZERO EMISSION VEHICLES (ZEV)
Section 5 CCR 1001-24-D-VI - Requirement to Make Up a ZEV Deficit

5 Colo. Code Regs. § 1001-24-D-VI

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Current through Register Vol. 47, No. 24, December 25, 2024
Section 5 CCR 1001-24-D-VI - Requirement to Make Up a ZEV Deficit
VI.A. Through 2025 model year, a manufacturer that produces and delivers for sale in Colorado fewer ZEVs or TZEVs than required to meet its ZEV credit obligation in a given model year must make up the deficit by the next model year by submitting a commensurate amount of ZEV credits to the Executive Officer pursuant to California Code of Regulations, Title 13, Section 1962.2(g)(7). Any manufacturer that fails to submit an appropriate amount of credits and does not make up ZEV deficits within the time specified in California Code of Regulations, Title 13, Section 1962.2(g)(7)(A) is subject to civil penalties pursuant to § 25-7-122, C.R.S. For the purposes of the civil penalties pursuant to § 25-7-122, C.R.S., the number of vehicles not meeting the ZEV credit obligation shall be equal to the manufacturer's credit deficit, rounded to the nearest 1/100th, calculated according to the equation in California Code of Regulations, Title 13, Section 1962.2(g)(8), provided that the percentage of a manufacturer's ZEV requirement for a given model year that may be satisfied with TZEVs or credit from such vehicles may not exceed the percentages permitted under California Code of Regulations, Title 13, Section 1962.2(b)(2).
VI.B. Determining Compliance or Deficit with Annual ZEV Requirements for 2027 through 2032 model year
VI.B.1.Demonstrating Compliance. Each manufacturer must report in accordance with California Code of Regulations, Title 13, Section 1962.4(j), its ZEV requirement performance for the model year under California Code of Regulations, Title 13, Section 1962.4(f) and the resulting surplus or shortfall in values for the model year after applying any values according to California Code of Regulations, Title 13, Section 1962.4 (g).
VI.B.2Incur and Carry Forward a ZEV Deficit. If a shortfall in meeting the Annual ZEV Requirement remains after determining compliance under California Code of Regulations, Title 13, Section 1962.4(h)(1), the manufacturer shall incur a deficit for the model year. A manufacturer must make up the deficit within three model years following the model year in which the deficit was earned by submitting a commensurate amount, within applicable allowances for fulfilling a ZEV requirement shortfall, under California Code of Regulations, Title 13, Section 1962.4(g)(1) for the model year in which the deficit was earned, of excess ZEV, PHEV, or environmental justice vehicle values, early compliance vehicle values, or pooled ZEV or PHEV values to the Executive Officer. For example, a manufacturer must resolve a 2027 model year deficit by the conclusion of the 2030 model year.
VI.B.3. Any manufacturer that fails to submit an appropriate amount of credits and does not make up ZEV deficits within the time specified in California Code of Regulations, Title 13, Section 1962.4 is subject to civil penalties pursuant to § 25-7-122, C.R.S.

5 CCR 1001-24-D-VI

46 CR 10, May 25, 2023, effective 6/14/2023
46 CR 21, November 10, 2023, effective 12/15/2023