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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 95. Regulation for Low Emissions and Zero Emissions Vehicle Standards
6/24/2024

9VAC5-95-30. Low emission vehicle standards.

A. No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, acquire, receive, purchase, or rent a vehicle listed in subdivisions 1, 2, and 3 of this subsection that is a 2025 or subsequent model year vehicle in Virginia unless the vehicle is California-certified and complies with the standards incorporated by reference except as provided under subsection B of this section.

1. New motor vehicles that are passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles;

2. New light-duty or medium-duty motor vehicle engines; and

3. Motor vehicles with a new motor vehicle engine.

B. This chapter does not apply to:

1. A used motor vehicle;

2. A new motor vehicle sold to another dealer;

3. A new motor vehicle sold to be wrecked or dismantled;

4. A new motor vehicle designed exclusively for off-highway use;

5. A new motor vehicle sold for registration out-of-state;

6. A new motor vehicle that has been certified to standards adopted under authority granted in 42 USC § 7521 and that is in the possession of a rental agency in Virginia and that is next rented with a final destination outside of Virginia;

7. An authorized emergency vehicle;

8. A military tactical vehicle;

9. A new motor vehicle transferred by inheritance;

10. A new motor vehicle transferred by court decree; or

11. A new motor vehicle purchased and registered in another state by a person who is a resident of that state and who subsequently establishes residency in Virginia. Upon registering the new motor vehicle in Virginia, the person shall provide evidence to the board of the previous residence and registration.

C. Fleet average emissions shall be determined as follows:

1. For 2025 model year motor vehicles and all subsequent model year motor vehicles to which this chapter applies, a motor vehicle manufacturer shall not exceed the fleet average emission values under 13 CCR § 1961.2. Credits and debits may be accrued and used based on a manufacturer's sales in Virginia of motor vehicles subject to this chapter according to 13 CCR § 1961.2.

2. For 2025 model year motor vehicles and all subsequent model year motor vehicles to which this chapter applies, a motor vehicle manufacturer shall not exceed the fleet average greenhouse gas (GHG) exhaust emission standards under 13 CCR § 1961.3 or the GHG emission standards under 13 CCR § 1956.8(h)(6). Credits and debits may be accrued and used based on a manufacturer's sales in Virginia of motor vehicles subject to this chapter according to 13 CCR § 1961.3.

D. Beginning with the 2025 model year and all subsequent model years, all new motor vehicles subject to this chapter produced by a motor vehicle manufacturer and delivered for sale or lease in Virginia shall be affixed with emission control labels and environmental performance labels according to 13 CCR § 1965.

E. For all motor vehicles subject to this chapter, the motor vehicle manufacturer shall provide defect warranty coverage that complies with 13 CCR §§ 2035, 2037 to 2041, and 2046.

F. For all motor vehicles subject to this chapter and subject to recall in California, the motor vehicle manufacturer shall undertake a recall campaign in Virginia according to 13 CCR §§ 2111 to 2121 and 2122 to 2135, unless the manufacturer demonstrates to the board that the recall is not applicable to motor vehicles registered in Virginia.

G. Reporting requirements shall be as follows:

1. By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer shall annually submit to the board a report demonstrating that the motor vehicle manufacturer has met the requirements of subdivision C 1 of this section, for its fleet delivered for sale in Virginia.

2. By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer shall annually submit to the board a report demonstrating that the motor vehicle manufacturer has met the requirements of subdivision C 2 of this section, for its fleet delivered for sale in Virginia.

3. If requested by the board, a motor vehicle manufacturer shall submit copies of all assembly-line emissions testing and functional test results collected as a result of compliance with this chapter, warranty claim reports, recall reports, and any other reports that are submitted to CARB as incorporated by reference. For purposes of compliance with this requirement, manufacturers may submit copies of the Failure of Emission-Related Components reports that are submitted to the California Air Resources Board in lieu of submitting reports for vehicles subject to this chapter.

4. If the board deems it necessary to administer and enforce this chapter, the board will require a motor vehicle manufacturer subject to this chapter to submit additional documentation, including all certification materials submitted to CARB.

H. Record availability and retention and reporting noncompliance shall be as follows:

1. Upon request of the board, a manufacturer subject to this chapter shall furnish to the board all records that relate to the motor vehicles that are subject to this chapter and that are relevant for determining compliance with this chapter. Unless otherwise specified, a person subject to this chapter shall retain all relevant records for at least five years after creating the records.

2. If a report issued by a motor vehicle manufacturer under subsection G of this section demonstrates noncompliance with the fleet average under subsection C of this section for a model year, the manufacturer shall, within 60 days, file a report with the board to document the noncompliance. The report shall identify all motor vehicles delivered for sale or lease in Virginia, the models' corresponding certification standards, and the percentage of each model delivered for sale in Virginia and California in relation to total fleet sales in the respective state.

Statutory Authority

§ 10.1-1307.04 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 13, eff. March 13, 2024.

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