{"identifier":"/us/usc/t42/s7589","title":42,"num":"\u00a7\u202f7589.","heading":"California pilot test program","text":"\u00a7\u202f7589.\nCalifornia pilot test program\n(a)\nEstablishment\nThe Administrator shall establish a pilot program in the State of California to demonstrate the effectiveness of clean-fuel vehicles in controlling air pollution in ozone nonattainment areas.\n(b)\nApplicability\nThe provisions of this section shall only apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided in subsection (f).\n(c)\nProgram requirements\nNot later than 24 months after\n(1)\nClean-fuel vehicles\nClean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business practices and applicable franchise agreements) to ultimate purchasers in California (including owners of covered fleets referred to in\nsection 7586 of this title\nModel Years\nNumber of Clean-Fuel\nVehicles\n1996, 1997, 1998\n150,000 vehicles\n1999 and thereafter\n300,000 vehicles\n(2)\nClean alternative fuels\n(A) Within 2 years after\nNovember 15, 1990\nsection 7410 of this title\n(B) The State may by regulation grant persons subject to the requirements prescribed under this paragraph an appropriate amount of credits for exceeding such requirements, and any person granted credits may transfer some or all of the credits for use by one or more persons in demonstrating compliance with such requirements. The State may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate.\n(C) The State may also by regulation establish specifications for any clean alternative fuel produced and made available under this paragraph as the State finds necessary to reduce or eliminate an unreasonable risk to public health, welfare, or safety associated with its use or to ensure acceptable vehicle maintenance and performance characteristics.\n(D) If a retail gasoline dispensing facility would have to remove or replace one or more motor vehicle fuel underground storage tanks and accompanying piping in order to comply with the provisions of this section, and it had removed and replaced such tank or tanks and accompanying piping in order to comply with subtitle I of the Solid Waste Disposal Act [\n42 U.S.C. 6991\nNovember 15, 1990\n(E) Nothing in this section authorizes any State other than California to adopt provisions regarding clean alternative fuels.\n(F) If the State of California fails to adopt a clean fuel program that meets the requirements of this paragraph, the Administrator shall, within 4 years after\nNovember 15, 1990\nsection 7410(c) of this title\n(d)\nCredits for motor vehicle manufacturers\n(1) The Administrator may (by regulation) grant a motor vehicle manufacturer an appropriate amount of credits toward fulfillment of such manufacturer\u2019s share of the requirements of subsection (c)(1) of this section for any of the following (or any combination thereof):\n(A) The sale of more clean-fuel vehicles than required under subsection (c)(1) of this section.\n(B) The sale of clean fuel\n1\n1 So in original. Probably should be \u201cclean-fuel\u201d.\n(2)\nRegulations and administration.\u2014\nThe Administrator shall administer the credit program established under this subsection. Within 12 months after\nNovember 15, 1990\n(3)\nStandards for issuing credits for cleaner vehicles.\u2014\nThe more stringent standards and other requirements (including requirements relating to the weighting of credits) established by the Administrator for purposes of the credit program under 7585(e)\n2\n2 So in original. Probably should be \u201csection 7586(f)\u201d.\n1\n(e)\nProgram evaluation\n(1) Not later than\nJune 30, 1994\n(2) Not later than\nJune 30, 1998\n(3) The program under this section cannot be extended or terminated by the Administrator except by Act of Congress enacted after\nNovember 15, 1990\nSection 7507 of this title\n(f)\nVoluntary opt-in for other States\n(1)\nEPA regulations\nNot later than 2 years after\n(A) clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California under this section, and\n(B) clean alternative fuels required to be produced and distributed under this section by fuel suppliers and made available in California\n3\n3 So in original. Probably should be followed by a comma.\nmay also be sold and used in other States which submit plan revisions under paragraph (2).\n(2)\nPlan revisions\nAny State in which there is located all or part of an ozone nonattainment area classified under subpart\n4\n4 So in original. Probably should be \u201cpart\u201d.\nsection 7410 of this title\n(3)\nIncentives\nThe incentives referred to in paragraph (2) may include any or all of the following:\n(A) A State registration fee on new motor vehicles registered in the State which are not clean-fuel vehicles in the amount of at least 1 percent of the cost of the vehicle. The proceeds of such fee shall be used to provide financial incentives to purchasers of clean-fuel vehicles and to vehicle dealers who sell high volumes or high percentages of clean-fuel vehicles and to defray the administrative costs of the incentive program.\n(B) Provisions to exempt clean-fuel vehicles from high occupancy vehicle or trip reduction requirements.\n(C) Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles.\nThe incentives under this paragraph shall not apply in the case of covered fleet vehicles.\n(4)\nNo sales or production mandate\nThe regulations and plan revisions under paragraphs (1) and (2) shall not include any production or sales mandate for clean-fuel vehicles or clean alternative fuels. Such regulations and plan revisions shall also provide that vehicle manufacturers and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell clean-fuel vehicles or clean alternative fuels.","url":"https://projectusc.org/usc/t42/s7589.html","content":[{"t":"sec","id":"/us/usc/t42/s7589","children":[{"t":"num","text":"\u00a7\u202f7589."},{"t":"heading","text":"California pilot test program"},{"t":"subsec","id":"/us/usc/t42/s7589/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Establishment"},{"t":"content","children":[{"t":"p","text":"The Administrator shall establish a pilot program in the State of California to demonstrate the effectiveness of clean-fuel vehicles in controlling air pollution in ozone nonattainment areas.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7589/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Applicability"},{"t":"content","children":[{"t":"p","text":"The provisions of this section shall only apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided in subsection (f).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7589/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Program requirements"},{"t":"chapeau","text":"Not later than 24 months after ","children":[{"t":"text","text":"November 15, 1990","tail":", the Administrator shall promulgate regulations establishing requirements under this section applicable in the State of California. The regulations shall provide the following:"}]},{"t":"para","id":"/us/usc/t42/s7589/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Clean-fuel vehicles"},{"t":"content","children":[{"t":"p","text":"Clean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business practices and applicable franchise agreements) to ultimate purchasers in California (including owners of covered fleets referred to in ","children":[{"t":"ref","text":"section 7586 of this title","href":"/us/usc/t42/s7586","tail":") in numbers that meet or exceed the following schedule:"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"p","text":"Model Years"},{"t":"p","text":"Number of Clean-Fuel"},{"t":"p","text":"Vehicles"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"p","children":[{"t":"text","text":"1996, 1997, 1998"}]},{"t":"p","text":"150,000 vehicles"},{"t":"text","text":"\n"},{"t":"p","children":[{"t":"text","text":"1999 and thereafter"}]},{"t":"p","text":"300,000 vehicles"},{"t":"text","text":"\n"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Clean alternative fuels"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Within 2 years after ","children":[{"t":"text","text":"November 15, 1990","tail":", the State of California shall submit a revision of the applicable implementation plan under part D of subchapter I and "},{"t":"ref","text":"section 7410 of this title","href":"/us/usc/t42/s7410","tail":" containing a clean fuel plan that requires that clean alternative fuels on which the clean-fuel vehicles required under this paragraph can operate shall be produced and distributed by fuel suppliers and made available in California. At a minimum, sufficient clean alternative fuels shall be produced, distributed and made available to assure that all clean-fuel vehicles required under this section can operate, to the maximum extent practicable, exclusively on such fuels in California. The State shall require that clean alternative fuels be made available and offered for sale at an adequate number of locations with sufficient geographic distribution to ensure convenient refueling with clean alternative fuels, considering the number of, and type of, such vehicles sold and the geographic distribution of such vehicles within the State. The State shall determine the clean alternative fuels to be produced, distributed, and made available based on motor vehicle manufacturers\u2019 projections of future sales of such vehicles and consultations with the affected local governments and fuel suppliers."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The State may by regulation grant persons subject to the requirements prescribed under this paragraph an appropriate amount of credits for exceeding such requirements, and any person granted credits may transfer some or all of the credits for use by one or more persons in demonstrating compliance with such requirements. The State may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The State may also by regulation establish specifications for any clean alternative fuel produced and made available under this paragraph as the State finds necessary to reduce or eliminate an unreasonable risk to public health, welfare, or safety associated with its use or to ensure acceptable vehicle maintenance and performance characteristics.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" If a retail gasoline dispensing facility would have to remove or replace one or more motor vehicle fuel underground storage tanks and accompanying piping in order to comply with the provisions of this section, and it had removed and replaced such tank or tanks and accompanying piping in order to comply with subtitle I of the Solid Waste Disposal Act [","children":[{"t":"ref","text":"42 U.S.C. 6991","href":"/us/usc/t42/s6991","tail":" et seq.] prior to "},{"t":"text","text":"November 15, 1990","tail":", it shall not be required to comply with this subsection until a period of 7 years has passed from the date of the removal and replacement of such tank or tanks."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Nothing in this section authorizes any State other than California to adopt provisions regarding clean alternative fuels.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/c/2/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" If the State of California fails to adopt a clean fuel program that meets the requirements of this paragraph, the Administrator shall, within 4 years after ","children":[{"t":"text","text":"November 15, 1990","tail":", establish a clean fuel program for the State of California under this paragraph and "},{"t":"ref","text":"section 7410(c) of this title","href":"/us/usc/t42/s7410/c","tail":" that meets the requirements of this paragraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7589/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Credits for motor vehicle manufacturers"},{"t":"para","id":"/us/usc/t42/s7589/d/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" The Administrator may (by regulation) grant a motor vehicle manufacturer an appropriate amount of credits toward fulfillment of such manufacturer\u2019s share of the requirements of subsection (c)(1) of this section for any of the following (or any combination thereof):"},{"t":"subpara","id":"/us/usc/t42/s7589/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The sale of more clean-fuel vehicles than required under subsection (c)(1) of this section.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The sale of clean fuel\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cclean-fuel\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cclean-fuel\u201d.","tail":" vehicles which meet standards established by the Administrator as provided in paragraph (3) which are more stringent than the clean-fuel vehicle standards otherwise applicable to such clean-fuel vehicle. A manufacturer granted credits under this paragraph may transfer some or all of the credits for use by one or more other manufacturers in demonstrating compliance with the requirements prescribed under this paragraph. The Administrator may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as he finds appropriate. The Administrator shall grant credits in accordance with this paragraph, notwithstanding any requirements of State law or any credits granted with respect to the same vehicles under any State law, rule, or regulation."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Regulations and administration.\u2014"},{"t":"content","text":"The Administrator shall administer the credit program established under this subsection. Within 12 months after ","children":[{"t":"text","text":"November 15, 1990","tail":", the Administrator shall promulgate regulations for such credit program."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Standards for issuing credits for cleaner vehicles.\u2014"},{"t":"content","text":"The more stringent standards and other requirements (including requirements relating to the weighting of credits) established by the Administrator for purposes of the credit program under 7585(e)\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201csection 7586(f)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201csection 7586(f)\u201d.","tail":" of this title (relating to credits for clean fuel\u202f"},{"t":"text","text":"1","tail":" vehicles in the fleets program) shall also apply for purposes of the credit program under this paragraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7589/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Program evaluation"},{"t":"para","id":"/us/usc/t42/s7589/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" Not later than ","children":[{"t":"text","text":"June 30, 1994","tail":" and again in connection with the report under paragraph (2), the Administrator shall provide a report to the Congress on the status of the California Air Resources Board Low-Emissions Vehicles and Clean Fuels Program. Such report shall examine the capability, from a technological standpoint, of motor vehicle manufacturers and motor vehicle fuel suppliers to comply with the requirements of such program and with the requirements of the California Pilot Program under this section."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Not later than ","children":[{"t":"text","text":"June 30, 1998","tail":", the Administrator shall complete and submit a report to Congress on the effectiveness of the California pilot program under this section. The report shall evaluate the level of emission reductions achieved under the program, the costs of the program, the advantages and disadvantages of extending the program to other nonattainment areas, and desirability of continuing or expanding the program in California."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/e/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The program under this section cannot be extended or terminated by the Administrator except by Act of Congress enacted after ","children":[{"t":"text","text":"November 15, 1990","tail":". "},{"t":"ref","text":"Section 7507 of this title","href":"/us/usc/t42/s7507","tail":" does not apply to the program under this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7589/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Voluntary opt-in for other States"},{"t":"para","id":"/us/usc/t42/s7589/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"EPA regulations"},{"t":"chapeau","text":"Not later than 2 years after ","children":[{"t":"text","text":"November 15, 1990","tail":", the Administrator shall promulgate regulations establishing a voluntary opt-in program under this subsection pursuant to which\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s7589/f/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California under this section, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/f/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" clean alternative fuels required to be produced and distributed under this section by fuel suppliers and made available in California\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSo in original. Probably should be followed by a comma."},{"t":"text","text":"\u202fSo in original. Probably should be followed by a comma."}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"may also be sold and used in other States which submit plan revisions under paragraph (2).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Plan revisions"},{"t":"content","children":[{"t":"p","text":"Any State in which there is located all or part of an ozone nonattainment area classified under subpart\u202f","children":[{"t":"ref","text":"4"},{"t":"num","text":"4","tail":"\u202fSo in original. Probably should be \u201cpart\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cpart\u201d.","tail":" D of subchapter I as Serious, Severe, or Extreme may submit a revision of the applicable implementation plan under part D of subchapter I and "},{"t":"ref","text":"section 7410 of this title","href":"/us/usc/t42/s7410","tail":" to provide incentives for the sale or use in such an area or State of clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California, and for the use in such an area or State of clean alternative fuels required to be produced and distributed by fuel suppliers and made available in California. Such plan provisions shall not take effect until 1 year after the State has provided notice of such provisions to motor vehicle manufacturers and to fuel suppliers."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/f/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Incentives"},{"t":"chapeau","text":"The incentives referred to in paragraph (2) may include any or all of the following:"},{"t":"subpara","id":"/us/usc/t42/s7589/f/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A State registration fee on new motor vehicles registered in the State which are not clean-fuel vehicles in the amount of at least 1 percent of the cost of the vehicle. The proceeds of such fee shall be used to provide financial incentives to purchasers of clean-fuel vehicles and to vehicle dealers who sell high volumes or high percentages of clean-fuel vehicles and to defray the administrative costs of the incentive program.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/f/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Provisions to exempt clean-fuel vehicles from high occupancy vehicle or trip reduction requirements.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7589/f/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The incentives under this paragraph shall not apply in the case of covered fleet vehicles.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7589/f/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"No sales or production mandate"},{"t":"content","children":[{"t":"p","text":"The regulations and plan revisions under paragraphs (1) and (2) shall not include any production or sales mandate for clean-fuel vehicles or clean alternative fuels. Such regulations and plan revisions shall also provide that vehicle manufacturers and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell clean-fuel vehicles or clean alternative fuels.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}