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2021 SPECIAL SESSION I

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(HB1965)

AMENDMENT(S) PROPOSED BY THE SENATE

COMMERCE AND LABOR

    1. Line 66, engrossed, after regulations for

      insert

        an Advanced Clean Cars Program that includes

 

COMMERCE AND LABOR

    2. Line 67, engrossed, after program

      insert

        only for motor vehicles with a gross vehicle weight of 14,000 pounds or less

 

COMMERCE AND LABOR

    3. Line 71, engrossed

      strike

        all of lines 71 and 72

COMMERCE AND LABOR

    4. After line 82, engrossed

      insert

        5. That the regulations required to be adopted by the State Air Pollution Control Board (Board) pursuant to § 10.1-1307.04 of the Code of Virginia, as created by this act, shall allow any motor vehicle manufacturer to establish a Virginia-specific zero-emission vehicle (ZEV) credit account in the ZEV Credit System and to 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to 18 percent of its ZEV program credit requirements in any model year, unless and until the required regulations are superseded by regulations updating the Advanced Clean Car Program. The Board shall not award or provide any vehicle manufacturer with any other form of ZEV program credits or credit balance prior to the effective date or at the beginning of the compliance period of the regulations required by § 10.1-1307.04 of the Code of Virginia, as created by this act. As part of any update to the required regulations to ensure compliance of the ZEV program with the federal Clean Air Act (42 U.S.C. § 7401 et. seq.), the Board shall adjust, if necessary, restrictions on the use of the proportional credits remaining in manufacturers' Virginia accounts in order to ensure that the percentage of ZEVs required to be delivered for sale under Virginia's ZEV program is approximately equivalent to, but does not exceed, the percentage required under California's ZEV program, taking into account only existing ZEV credit banks, any changes in restrictions on their use, and the effects of new regulatory requirements on the amount and timing of ZEVs required to be delivered for sale.

 

SEN. NEWMAN

    1. Line 73, engrossed, after 2. That

      strike

        the remainder of line 73, all of lines 74 and 75, and through Regulations on line 76

      insert

        , except for the third enactment of this act, the provisions of this act shall not become effective unless reenacted by the 2022 Session of the General Assembly

         

SEN. NEWMAN

    2. Line 77, engrossed, after 3. That

      strike

        the remainder of line 77, all of line 78, and through 2024 on line 79

      insert

        the State Air Pollution Control Board shall promulgate regulations to implement the provisions of this act; however, such regulations shall not become effective unless the provisions of this act are reenacted by the 2022 Session of the General Assembly

         

SEN. NEWMAN

    3. Line 80, engrossed, after 4.

      insert

        That, notwithstanding the provisions of § 10.1-1307.04 of the Code of Virginia, as created by this act, beginning July 1, 2022, the State Air Pollution Control Board shall not have the authority to adopt by regulation and enforce any new model year standards relating to the control of emissions from new motor vehicles or new motor vehicle engines or amend any existing standards unless such authority is expressly granted by the General Assembly in an act of assembly.

        5.