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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

9VAC5-95-40. Zero emission vehicle standards.

A. Any motor vehicle manufacturer may establish a Virginia-specific ZEV credit account in the ZEV Credit System and make a one-time deposit into its account a number of proportional credits equal to its 2025 model year starting California credit balance multiplied by the ratio of the average number of passenger cars and light-duty trucks that a manufacturer produced and delivered for sale in Virginia to the average number of passenger cars and light-duty trucks the manufacturer produced and delivered for sale in California during the time period selected by the manufacturer for calculation of its ZEV requirement for the first effective model year. The deposit shall be made only after all credit obligations for model year 2024 and earlier have been satisfied. While manufacturers may trade or sell these proportional credits to any other manufacturer, these credits may be used to meet up to 18% of its ZEV program credit requirements in any model year, unless and until this chapter is superseded by regulations updating the Advanced Clean Car Program. No vehicle manufacturer will be awarded or provided with any other form of ZEV program credits or credit balance prior to January 1, 2024, or at the beginning of the compliance period of this chapter.

B. Beginning with the 2025 model year, a motor vehicle manufacturer's sales fleet of passenger cars and light-duty trucks produced by motor vehicle manufacturers and delivered for sale or lease in Virginia shall generate at least the same applicable percentage of ZEV credits required under 13 CCR § 1962.2.

C. Credit bank, reporting, and recordkeeping requirements shall be as follows:

1. Beginning in the 2025 model year, a motor vehicle manufacturer subject to this chapter shall open an account in the California ZEV Credit System for banking credits earned in Virginia. The account shall be opened no later than March 1 of the calendar year after the end of 2025. A motor vehicle manufacturer shall notify the board within 30 days of opening an account in the California ZEV Credit System for the manufacturer's Virginia ZEV credits.

2. At least annually by May 1 of the calendar year after the close of a model year, a motor vehicle manufacturer shall submit a report to the board that identifies the necessary delivery and placement data of all motor vehicles generating ZEV credits and all transfers and acquisitions of ZEV credits, according to 13 CCR § 1962.2. The report may be amended based on late sales.

3. 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.

D. A motor vehicle manufacturer that delivers for sale in Virginia fewer ZEVs or TZEVs than required to meet its ZEV credit obligation in a given model year shall make up the deficit by submitting a commensurate amount of ZEV credits to the board according to 13 CCR § 1962.2(g)(7). The number of motor vehicles not meeting the ZEV credit obligation shall be equal to the manufacturer's credit deficit, rounded to the nearest 1/100th and calculated according to the equation in 13 CCR § 1962.2(g)(8).

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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