Md. Code Regs. 26.11.34.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.34.10 - Initial ZEV Credit Account Balances

A. Establishment of Credit Account Balances.

(1) Upon request by a vehicle manufacturer, the Department shall establish ZEV credit account balances in Maryland that are:

(a) For Type III ZEVS, equal to the Type III ZEV credit balance in California; and

(b) For non-Type III ZEVs, proportionally equivalent to the ZEV credit balances of each of its ZEV credit accounts maintained in California.

(2) A manufacturer's Maryland ZEV credit account balance shall be determined as specified in §A(3) and (4) of this regulation only after all credit obligations for model years 2010 and earlier have been satisfied in California.

(3) To determine Maryland ZEV credit account balances for non-Type III ZEVs, a manufacturer's California ZEV credit balances shall be multiplied in the following manner:

(a) By the ratio of the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model years 2003 through 2005 to the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model years 2003 through 2005; or

(b) At the discretion of the vehicle manufacturer, by the ratio of the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model year 2011 to the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model year 2011.

(4) The Maryland ZEV credit account balance for Type III ZEVs shall be set equal to the manufacturer's California Type III ZEV account balance.

(5) The time period used by the manufacturer to determine the Maryland ZEV credit account balances in §A(3) of this regulation shall also be used to determine that manufacturer's model year 2011 ZEV sales requirements in Maryland under Regulation .09 of this chapter.

(6) Manufacturers shall request the establishment of ZEV credit account balances under this regulation through written notification to the Department by May 1, 2011.

(7) Manufacturers shall submit the required vehicle delivery data:

(a) By September 1, 2011, if electing to utilize the methodology described in §A(3)(a) of this regulation; or

(b) By March 1, 2012, if electing to utilize the methodology described in §A(3)(b) of this regulation.

(8) Nothing in this regulation shall affect the calculation of ZEV credits and debits earned under Regulation .09 of this chapter in model year 2011 in Maryland, which shall be treated as incremental to those established in this regulation.

(9) If the validation of ZEV credit account balances under §B of this regulation extends beyond May 1, 2012:

(a) The submittal deadline of May 1, 2012, for the California Zero Emissions Vehicle Requirements compliance report required under Regulation .13A(2)(c) of this chapter shall be waived; and

(b) The manufacturer shall submit the California Zero Emissions Vehicle Requirements compliance report required under Regulation .13A(2)(c) of this chapter within 60 days of notification by the Department that the ZEV credit account balances have been validated.

B. Validation of ZEV Credit Account Balances.

(1) The establishment of ZEV credits into a manufacturer's Maryland ZEV credit account shall occur through consultation with the Department, the individual vehicle manufacturer and the Executive Officer or the Executive Officer's designee.

(2) Credits may not be established in a manufacturer's Maryland ZEV credit account until:

(a) The Executive Officer or the Executive Officer's designee certifies to the Secretary or the Secretary's designee that the California credit balance upon which the Maryland credits will be determined is accurate; and

(b) All outstanding debits for model years 2010 and earlier have been satisfied.

(3) As necessary, for purposes of this regulation, the manufacturer shall release the Executive Officer or the Executive Officer's designee from any confidentiality restrictions that would otherwise prohibit open consultation with the Secretary or the Secretary's designee.

(4) The Secretary or the Secretary's designee shall be bound by the same confidentiality restrictions otherwise binding the Executive Officer or the Executive Officer's designee.

Md. Code Regs. 26.11.34.10