Staff’s Suggested Changes to Advanced Clean Cars II Proposal

Draft Proposed Regulation Order

Data Standardization Requirements for 2026 and

Subsequent Model Year Light-Duty Zero Emission
Vehicles and Plug-in Hybrid Electric Vehicles

Section 1962.5

[Note: This version is a staff draft, not an authoritative version for this proposed
rulemaking, not being proposed for adoption, and not being released for public
comment. This is subject to change. Official proposed (15-day) changes and an
explanatory notice will be released for public comment at a later date.]

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 Staff’s Suggested Changes to Advanced Clean Cars II Proposal

Proposed Regulation Order

Title 13 California Code of Regulations

Adopting new regulatory text: Adopt Section 1962.5 of title 13 California Code of
Regulations, to read as follows:

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§ 1962.5 Data Standardization Requirements for 2026 and Subsequent Model

Year Light-Duty Zero Emission Vehicles and Plug-in Hybrid Electric Vehicles

(a) Applicability. The requirements of this section shall apply to light-duty zero
emission vehicles (ZEV) and plug-in hybrid electric vehicles (PHEV) certified for
sale in California as follows:

(1) At least 40 percent of a manufacturer’s 2026 model year ZEVs and 100
percent of a manufacturer’s 2027 and subsequent model year ZEVs shall
meet the requirements of this section.

(2) At least 40 percent of a manufacturer’s 2026 model year PHEVs and 100
percent of a manufacturer’s 2027 and subsequent model year PHEVs
certified to earn vehicle values in accordance with title 13, CCR, section
1962.4 shall meet the requirements of subsections (c)(4)(A)2., (c)(4)(A)4.c.
through (c)(4)(A)4.e., and (c)(6).

(3) The phase-in percentages of subsections (a)(1) and (a)(2) shall be based
on the manufacturer's projected sales volumes for all ZEVs and for all
PHEVs projected to be certified to earn vehicle values in accordance with
title 13, CCR, 1962.4, respectively. Manufacturers shall submit phase-in
plans demonstrating compliance with these percentage requirements
prior to submittal of a certification application to CARB for any 2026
model year vehicle. Such phase-in plans shall include planned ZEV and
applicable PHEV models, projected sales for each model, designation of
which models will be complying with the applicable requirements of
subsections (a)(1) or (a)(2), and calculation of the resultant phase-in
percentages.

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(4) A manufacturer may utilize an alternative phase-in to the required phase-

in of subsection (a)(1) or (a)(2) as long as it satisfies the following two
requirements: (i) the total compliance calculation for the alternative
phase-in schedule according to the method below must sum to be equal
to or greater than 180 by the end of the 2027 model year, and (ii) 100
percent of the manufacturer’s vehicles subject to the phase-in must meet
the requirements of this section in 2028 and subsequent model years.
The total compliance calculation for the alternative phase-in is the
percent of vehicles meeting the requirements of this section in a given
model year per the phase-in plan required in subsection (a)(3), multiplied
by 3 for the 2025 model year, by 2 for the 2026 model year, and by 1 for
the 2027 model year, and then summed together. A manufacturer is not
permitted to utilize 2024 and earlier model year vehicles to satisfy the
total compliance calculation requirements of the alternative phase-in
described in this subsection.

(5) In lieu of the required phase-ins in subsections (a)(1) and (a)(2) or the
alternative phase-ins allowed in subsection (a)(4), small volume
manufacturers may meet the respective ZEV and PHEV requirements on
all 2028 and subsequent model year vehicles.

(b) Definitions: For this section, the following definitions apply in addition to the
definitions in title 13, California Code of Regulations (CCR), section 1962.4, and
associated test procedures:

“Grid energy”, for the purposes of tracking grid energy into the battery
parameters in subsection (c)(4)(D), means all energy into the battery while
connected to grid power (e.g., plugged-in). Grid energy into the battery shall
not include electrical losses between the grid and the battery (e.g., from on-
board charger inefficiency) or energy directly used by the vehicle without first
going into the battery (e.g., electricity utilized directly from before or after the
on-board charger to power on-vehicle devices for cabin conditioning, charging
control, etc.). For the purposes of tracking the alternating current power into
the vehicle or on-board charger from off-board charging parameter in
subsection (c)(4)(D), “grid energy” means all energy supplied to the on-board
charger.

“Propulsion-related part” means any original equipment system, component, or

part whose failure will directly impede the ability on a zero emission vehicle to
refuel or recharge the vehicle, store fuel or energy for the vehicle, propel the
vehicle, including delivering torque to the wheel and tire assembly excluding
the wheel and tire assembly itself, or recover or recoup vehicle kinetic energy,
including components used to control, manage, or thermally manage such

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propulsion components. These include vehicle high voltage batteries, drive

motors, wheel motors, inverters, converters, on-board charging system
components, fuel cell stack components, refueling and fuel tank components,
fuel cell air and fuel delivery components, regenerative braking system
components, and the power electronics, electronic control units, and thermal
management systems of such components and systems providing propulsion,
thermal management, recharging and energy storage, conversion, and related
diagnosis within the vehicle. Advanced driver assistance systems and safety-
related components and systems are not considered “propulsion-related parts”
for the purpose of this regulation.
“Propulsion system active” is the state where the powertrain (e.g., electric
machine) is enabled by the driver (e.g., after the power button is pushed for
some vehicles, remote activation to precondition the cabin) such that the
vehicle is ready to be used (e.g., vehicle is ready to be driven, ready to be
shifted from “park” to “drive”, heating, ventilation, and air conditioning (HVAC)
turned on to condition cabin prior to driving). For purposes of this definition,
“the state where the powertrain is enabled” does not include activations that
are not driver-initiated (e.g., conditions where portions of the vehicle system
wake up to perform off-board charging).

(c) Standardization Requirements

(1) Reference Documents: The following SAE International documents are

incorporated by reference into this regulation:

(A) SAE J1962: SAE J1962 “Diagnostic Connector”, July 2016 (SAE
J1962).

(B) SAE J1979-3, “E/E Diagnostic Test Modes: Zero Emission Vehicle
Propulsion Systems on UDS (ZEVonUDS)”, published draft March
5, 2022 (SAE J1979-3).

1. SAE J1979-DA, “Digital Annex of E/E Diagnostic Test

Modes”, April 2021 (SAE J1979-DA).

(C) SAE J2012 “Diagnostic Trouble Code Definitions”, December

2016 (SAE J2012).

1. SAE J2012DA_201812 “Digital Annex of Diagnostic Trouble

Code Definitions and Failure Type Byte Definitions”,
December 2018 (SAE J2012-DA).

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(D) ZEV Test Procedures – California Test Procedures for 2026 and
subsequent Model Year Zero Emission Vehicles and Plug-In Hybrid
Electric Vehicles, in the Passenger Car, Light-Duty Truck and
Medium-Duty Vehicles Classes, adopted XXXXX.

(2) Diagnostic Connector:

(A) A standard data link connector conforming to the “Type A”

specifications and in the location specified for “Type A”
connectors in SAE J1962 shall be incorporated in each vehicle.

(B) The vehicle connector mounting feature shall withstand a force of

220 Newtons applied to the connector mating area in the
direction of the connecting and disconnecting process without
mechanical and electrical failure. It shall also withstand a force of
220 Newtons applied in all other axial directions without
mechanical failure.

(C) The connector may not be covered in any way (e.g., may not be
covered by a removable panel, dust cap, lid, flap, door).

(D) Any pins in the connector that provide electrical power shall be
properly fused to protect the integrity and usefulness of the
connector for diagnostic purposes and may not exceed 20.0 Volts
DC regardless of the nominal vehicle system or battery voltage.

(E) Manufacturers may not equip vehicles with additional diagnostic

connectors in the driver's side foot-well region of the vehicle
interior in the area bound by the driver's side of the vehicle and
the driver's side edge of the center console (or the vehicle
centerline if the vehicle does not have a center console) if the
additional connectors can be mated with SAE J1962 “Type A”
external test equipment.

(3) Communications to a Scan Tool: For ZEVs, manufacturers shall use one of
the following standardized protocols for communication to a scan tool of
all required messages. Only one protocol per vehicle shall be used to
report all required messages. For PHEVs subject to reporting the data
parameters identified in subsection (c)(4)(A)2. in accordance with
subsection (a)(2), manufacturers shall report these data using the same
standardized protocol for communication to a scan tool of all required
messages used by the PHEV to comply with title 13, CCR, section
1968.2(g) in lieu of the requirements of subsections (c)(2) through (c)(4) of
this regulation referencing the use of SAE J1979-3.
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(A) SAE J1979-3 “UDSonCAN”. The vehicle shall utilize unified

diagnostic services (UDS) on a controller area network (CAN) as
defined in SAE J1979-3. The vehicle shall respond to functional
(i.e., broadcast) and physical (i.e., point-to-point) request
messages from a scan tool in accordance with SAE J1979-3
specifications except for Service $14 (i.e., clear/reset diagnostic
information) where the vehicle shall respond to functional and may
respond to physical request messages from a scan tool.

(B) SAE J1979-3 “UDSonIP”. The vehicle shall utilize unified

diagnostic services (UDS) on an internet protocol (IP) network as
defined in SAE J1979-3.

(4) Required Functions: The following standardized functions shall be

implemented in accordance with the specifications in SAE J1979-3 for
the communication protocol used by the vehicle per subsection (c)(3) to
allow for access to the required information by a scan tool. These
functions and data shall be accessible by a scan tool user and scan tool
without the use of any vehicle manufacturer-specific, user-specific, or
tool-specific registration, authentication, authorization, login, password,
certification, or other mechanism that can be used to restrict or limit user
or tool access for any other reason.

(A) Data Stream: The following signals shall be made available on

demand through the standardized data link connector in
accordance with SAE J1979-3 and SAE J1979-DA specifications.
The actual signal value shall always be reported instead of a
default or limp home value that the vehicle manufacturer may
have chosen to substitute in place of the actual signal by the
receiving onboard electronic control for use by it or other onboard
electronic control units.

1. For all vehicles:

a. vehicle speed, absolute accelerator pedal position,

time elapsed since start of trip, odometer reading,
distance traveled since fault memory last cleared,
and number of propulsion system active trips since
fault memory last cleared

b. high voltage battery pack: state of charge, maximum

cell voltage, minimum cell voltage, battery system
voltage, cumulative battery system current for the

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last 1 second, cumulative battery system energy (i.e.,

power via integrated voltage times current)
consumption for the last 1 second

2. Additionally, for all off-board charge capable vehicles:

a. High voltage battery pack: state of health, distance

traveled since state of health last updated or reset,
quantity of battery energy remaining in reserve (only
required for vehicles designed to initially hold some
battery capacity or energy in reserve and open up
access as the vehicle or battery ages)

b. actual rate of charge occurring (e.g., kilowatt rate of

grid energy into the vehicle from off-board source),
maximum rate of charge the vehicle can accept in its
current state (e.g., given the condition of the vehicle
at the time of charging such as battery temperature
and state of charge, the maximum kilowatt rate the
vehicle would accept if the off-board source had
unlimited power capability)

3. Additionally, for all vehicles equipped with a fuel cell

system: cumulative hydrogen fuel consumed by the fuel cell
system in the last 1 second, fuel cell system voltage,
cumulative fuel cell system generated current for the last 1
second, and cumulative fuel cell system electrical energy
(i.e., power via integration of voltage times current)
generated from hydrogen for the last 1 second. Fuel cell
system current, voltage, and electrical energy shall be
measured at the output of any boost convertor or similar
power conditioning device that receives electricity from the
fuel cell stack and in turn provides conditioned power to
the vehicle motors, battery, or other vehicle loads.

4. Accuracy

a. For purposes of the data stream parameters,

manufacturers shall report the most accurate values
that are calculated within electronic control units on
the vehicle.

b. For cumulative battery system current and battery

system energy and for cumulative fuel cell system
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current and fuel cell system electrical energy,

manufacturers shall use current and voltage
measurements at a sampling rate of no less than 20
hertz to calculate cumulative current and power for
the last 1000 milliseconds, and those cumulative
values shall be updated at a minimum frequency of 1
hertz.

c. For the high voltage battery state of health (SOH)

parameter, manufacturers shall ensure the reported
value is normalized from 0 to 100 percent and
correlates to the usable battery energy for the
certification range value as measured in accordance
with the “California Test Procedures for 2026 and
subsequent Model Zero Emission Vehicles and Plug-
In Hybrid Electric Vehicles, in the Passenger Car,
Light-Duty Truck and Medium-Duty Vehicles Classes”
as applicable. The reported SOH parameter shall be
no more than 5 percentage points higher than the
normalized SOH value that corresponds to the
measured usable battery energy.

d. For vehicles designed to initially hold some battery

capacity or energy in reserve and open up access as
the vehicle or battery ages (e.g., to widen the
minimum and maximum allowed state of charge as
the battery degrades to counteract or diminish
reduction in battery usable energy), manufacturers
shall meet the requirements of subsection
(c)(4)(A)4.c., except that the reported battery SOH
parameter shall be normalized such that 100 percent
reflects the usable battery energy as if the user was
allowed to initially access the maximum the system is
designed to ever allow (e.g., a vehicle with a new
battery but with the reserve in the system artificially
opened up to its maximum range of authority).
Within 10 days upon request by the Executive
Officer, the manufacturer shall provide software or
other means for CARB to conduct verification testing
to ensure the accuracy of the SOH parameter to the
measured usable battery energy as required by this
section. The manufacturer shall provide any physical

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items to the California Air Resources Board at the

following address: Chief, Emissions Certification and
Compliance Division, California Air Resources Board,
4001 Iowa Ave, Riverside, California 92507, and may
provide information or code electronically upon
mutual agreement as provided under sections 1633.7
and 1633.8 of the Civil Code.

e. The manufacturer may limit calculation of an updated

battery SOH parameter to certain usage conditions
of the vehicle (e.g., only when a sequence of
sufficient depth of discharge and subsequent charge
event occurs) if necessary to maintain the accuracy of
the data parameter within the requirements of
subsection (c)(4)(A)4.c. above. However, a
manufacturer may only use conditions which are
technically necessary to ensure robust calculation of
the battery SOH parameter, designed to ensure
calculation of an updated value will occur under
conditions which may reasonably be expected to be
encountered in normal urban vehicle operation and
use, and designed to ensure calculation of an
updated value will occur for vehicles in a test group,
on average, at least once every 4,000 miles.

(B) Fault Codes.

1. For all monitored propulsion-related parts and systems,

fault codes and fault code status shall be made available
through the diagnostic connector in accordance with SAE
J1979-3, SAE J2012, and SAE J2012-DA specifications.

2. For all monitored propulsion-related part and system fault

codes, the vehicle shall clear diagnostic information and
fault codes through a standardized request through the
diagnostic connector in accordance with SAE J1979-3
specifications.

(C) Vehicle Identification Information

1. Test Group Identification: On all vehicles, the test group

designation pursuant to title 13, CCR, section 1962.4(i) used
for certification to CARB standards shall be made available

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through the standardized data link connector in accordance

with the SAE J1979-DA specifications. Only one electronic
control unit per vehicle shall report the test group.

2. Software Calibration Identification: For each propulsion-

related control unit that reports data required by
subsections (c)(4)(A), (c)(4)(B), or (c)(4)(D), a software
calibration identification number(s) (CAL ID) capable of
identifying the version of software being used by the
control unit(s) shall be made available through the
standardized data link connector in accordance with the
SAE J1979-DA specifications. A unique CAL ID shall be
used for every propulsion-related calibration or software set
having at least one bit of different data from any other
propulsion-related calibration or software set.

3. Vehicle Identification Number: All vehicles shall have the

vehicle identification number (VIN) available through the
standardized data link connector in accordance with SAE
J1979-DA specifications. Only one electronic control unit
per vehicle shall report the VIN.

4. ECU Name: The name of each propulsion-related electronic

control unit that reports data required by subsections
(c)(4)(A), (c)(4)(B), (c)(4)(C)1. through (c)(4)(C)3., or (c)(4)(D)
shall be communicated in a standardized format in
accordance with SAE J1979-DA.

(D) Vehicle Operation Tracking Requirements:

1. Manufacturers shall implement software algorithms to

individually track and report the following in a standardized
format in accordance with SAE J1979-3 and SAE J1979-DA:

a. Total distance traveled

b. Total number of propulsion system active trips

(where a trip is satisfied whenever the propulsion
system active state has been met for at least two
seconds plus or minus one second)

c. Total positive kinetic energy

d. Total electric motor output energy

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 Staff’s Suggested Changes to Advanced Clean Cars II Proposal

e. Total propulsion system active time

f. Total idle propulsion system active time (where idle

is defined as accelerator pedal released by driver
and vehicle speed less than or equal to 1.6
kilometers per hour)

g. Total city propulsion system active time (where city is

defined as vehicle speed greater than 1.6 kilometers
per hour and less than or equal to 60 kilometers per
hour)

h. Total fuel cell system active time (if equipped with a

fuel cell system), defined as the total time in which
the fuel cell stack consumes hydrogen and generates
electricity in any mode of operation

i. Total fuel cell system energy generated (if equipped

with a fuel cell system)

j. Total hydrogen fuel consumed (if equipped with a

fuel cell system)

k. Total net battery current in the state of propulsion

system active

l. Total net energy consumed in the state of propulsion

system active

m. Total energy into battery (e.g., from regenerative

braking) during the state of propulsion system active

n. Total grid energy into the battery during off-board

charging

o. Total grid energy into the battery from off-board

direct current (DC) charging

p. If equipped with the capability to determine

alternating current (AC) power into the vehicle or on-
board charger during off-board charging, total grid
energy into the vehicle from off-board AC charging

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q. Total battery energy supplied to an off-board usage

(e.g., grid, power port) during propulsion system
non-active operation (e.g., vehicle to home)

r. Average battery temperature during charging,

during propulsion system active, and, if equipped,
during non-usage of the vehicle (i.e., non-propulsion
system active, non-charging)

2. Numerical Value Specifications: For each data parameter

specified in subsection (c)(4)(D)1., the value shall be stored
twice, one representing the lifetime of the vehicle and the
second representing recent operation in accordance with
SAE J1979-DA specifications. If any of the individual
lifetime values reach the maximum value defined in SAE
J1979-DA, all lifetime values shall be divided by two before
any are incremented again to avoid software overflow
problems.

3. For data parameters specified in subsection (c)(4)(D), CARB,

or a third party contracted directly by CARB, may not
collect data from vehicles owned or leased by a private
individual unless the data is:

a. Obtained with the voluntary and informed consent of

the vehicle operator; and

b. Collected and stored in a manner that prevents the

data from being used to identify the individual
vehicle (i.e., vehicle identification number or license
plate number) or registered owner or lessee.

(5) Data Reporting Requirements for Over-the-Air Reprogramming

(A) For all vehicles,(c)(4)(D) the manufacturer shall collect all lifetime
values stored in the vehicle pursuant to subsection (c)(4)(D) prior
to over-the-air reprogramming of any control module, if any such
data would be erased by such reprogramming.

(B) For any data collected pursuant to subsection (c)(5)(A), the

manufacturer shall submit a report to the Executive Officer
containing the average value and standard deviation of each
collected data parameter for each affected certified test group as
specified in “Data Record Reporting Procedures for Over-the-Air

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Reprogrammed Vehicles and Engines Using SAE J1979-2”, dated

December 15, 2021, and incorporated by reference. The
manufacturer shall submit a separate report for each unique
calibration/software update. The manufacturer shall submit the
report within 75 calendar days of the availability of the
calibration/software update to affected vehicles.

(6) Display of Data to the Vehicle User

(A) Each vehicle shall also be able to display the battery SOH
parameters in subsection (c)(4)(A)2.a. above, in vehicle, to the
vehicle user without the use of any tools.

(B) Each vehicle shall also be able to display the charge rate
parameters in subsection (c)(4)(A)2.b. above, in vehicle, to the
vehicle user during charging without the use of any tools.

(C) The display in vehicle of the parameters identified in this

subsection (c)(6) shall be:

1. readable by the user with no more than 5 selectable

screens or submenu selections needed to access the
parameter from the home or default display/screen;

2. in alphanumeric format;

3. displayed with the same resolution as the standardized data

parameter; and

4. converted to standard engineering units, as applicable

(e.g., percent, miles, kilowatts).

(d) Certification Documentation. The manufacturer shall submit documentation

related to the requirements of this section in the manufacturer’s certification
application in accordance with title 13, CCR, section 1962.4(i).

(e) Production Vehicle Verification of Standardized Requirements.

(1) After being certified pursuant to CCR, title 13, section 1962.4,
manufacturers shall perform testing to verify that all vehicles meet the
requirements of subsections (c)(3) and (c)(4).

(2) Selection of Test Vehicles: Manufacturers shall perform this testing every
model year on one production vehicle for every unique calibration no
later than 60 days after the start of normal production for that

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calibration. Manufacturers may request Executive Officer approval to

group multiple calibrations together and test one representative
calibration per group, and may provide documentation to support such
request. The Executive Officer shall approve the request upon finding
that the software designed to comply with the standardization
requirements of subsection (c) in the representative calibration vehicle is
identical (e.g., communication protocol message timing, number of
supported data stream parameters) to all others in the group and that
any differences in the calibrations are not material with respect to
meeting the criteria in subsection (e)(3). The Executive Officer shall notify
a manufacturer in writing of the approval or denial of such request within
30 days of receiving the request.

(3) Test Equipment: For the testing required in subsection (e), manufacturers
shall utilize an off-board device to conduct the testing. At least 30 days
prior to conducting testing, manufacturers are required to request
Executive Officer approval of the off-board device that the manufacturer
will use to perform the testing. As part of their requests, manufacturers
shall include data, specifications, or engineering analysis that
demonstrate that the off-board device will verify vehicles’ ability to
perform all of the required functions in subsection (e)(4) for the specific
vehicle in accordance with SAE J1979-3 specifications. The Executive
Officer shall approve the request upon determining that the
manufacturer has submitted such data, specifications, or engineering
analysis. The Executive Officer shall notify a manufacturer in writing of
the approval or denial of such request within 30 days of receiving the
request.

(4) Required Testing:

(A) The testing shall verify that the vehicle can properly establish
communications between all propulsion-related onboard
computers and any scan tool designed to meet the
communication protocols allowed in subsection (c)(3);

(B) The testing shall further verify that the vehicle can properly
communicate the following information in accordance with SAE
J1979-3 and SAE J1979-DA specifications:

1. All data stream parameters required in subsection (c)(4)(A)

including the identification of each data stream parameter
as supported;

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2. The vehicle identification information in subsection

(c)(4)(B)2;

3. All vehicle operation tracking data parameters required in

subsection (c)(4)(D); and

4. Any fault code (including failure type byte and status byte)
required in subsection (c)(4)(B)1. for a propulsion-related
electronic powertrain control unit designed to report such
fault codes.

(C) The testing shall also verify that the vehicle can properly respond
to a request to clear propulsion-related fault codes as required in
subsection (c)(4)(B)2.

(5) Reporting of Results:

(A) The manufacturer shall notify the Executive Officer within 30 days
of identifying any vehicle that does not meet one or more of the
requirements of subsection (e)(3). The manufacturer shall submit a
written report describing the problem(s) identified to the
Executive Officer. The written report shall include proposed
corrective action to remedy the problem(s), including an
implementation timeframe, for the Executive Officer’s approval.
Factors to be considered by the Executive Officer in approving the
proposed corrective action shall include the severity of the
problem(s), the ability of service technicians to access the required
information, the ability of CARB to access the information needed
to conduct vehicle testing, the impact on equipment and tool
manufacturers, and the amount of time between identification of
the problem(s) and implementation of the proposed corrective
action. The Executive Officer shall notify the manufacturer in
writing within 30 days of receiving the written report whether the
proposed corrective action is approved.

(B) For any vehicle that meets all the requirements of subsection
(e)(4), the manufacturer shall submit a report of the test results and
the test log file to the Executive Officer within 90 days of that
vehicle’s testing.

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(f) Electronic submittal. Unless otherwise specified, reports, documentation, and

requests under this Section must be provided to the California Air Resources
Board through the electronic Document Management System available through
the website: https://arb.ca.gov/certification-document-management-system.

(g) Deficient Requirements. For 2026 through 2029 model year vehicles, the
Executive Officer, upon receipt of a certification application from the
manufacturer, shall certify vehicles, even though said vehicles may not comply
with one or more of the requirements of subsections (c)(4)(A)1., (c)(4)(A)3.,
(c)(4)(C), or (c)(4)(D)1, under the following conditions. The Executive Officer shall
grant certification for 2026 and 2027 model year vehicles that meet at least 50
percent, 2028 model year vehicles that meet at least 70 percent, and 2029
model year vehicles that meet at least 90 percent of the total number of
applicable individual requirements within subsections (c)(4)(A)1., (c)(4)(A)3.,
(c)(4)(C), and (c)(4)(D)1. For purposes of this calculation, each separately
numbered subsection shall count as an individual requirement (e.g.,
(c)(4)(A)1.b., (c)(4)(D)1.g.) if it is applicable to the vehicle (e.g., (c)(4)(D)1.h. only
counts as an individual requirement for fuel cell electric vehicles). The deficient
requirements do not need to be included in any written report pursuant to
subsection (e)(4)(D)1., provided the manufacturer submitted a list of deficient
requirements as part of its certification application per CCR, title 13, section
1962.4(i)(e)(L).

(h) Enforcement. Compliance testing, determination of noncompliance, and

subsequent need for corrective actions shall be done in accordance with title
13, CCR, section 1962.7.

(i) Severability. Each provision of this section is severable, and in the event that
any provision of this section is held to be invalid, the remainder of this section
and this article remains in full force and effect.

Note: Authority cited: Sections 38510, 38560, 39039, 39600, 39601, 39602.5, 43006,
43013, 43016, 43018, 43100, 43101, 43104, 43105.5, 43106, and 44036.2, Health and
Safety Code; and Engine Manufacturers Association v. State Air Resources Board
(2014) 231 Cal.App.4th 1022. Reference: Sections 38501, 38510, 38560, 43006,
43013, 43018, 43100, 43101, 43102, 43104, and 43106, Health and Safety Code.

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Date of Hearing: June 9, 2022