--- kind: "section" citation: "42 U.S.C. § 7589" title: "42" title_heading: "The Public Health and Welfare" number: "7589" heading: "California pilot test program" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7589" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter II — Emission Standards for Moving Sources" - "Part C — Clean Fuel Vehicles" --- # §7589. California pilot test program - (a) **Establishment—** The [Administrator](/usc/42/7602.md?p=a) shall establish a pilot program in the [State](/usc/42/7602.md?p=d) of California to demonstrate the effectiveness of [clean-fuel vehicles](/usc/42/7581.md?p=7) in controlling air pollution in ozone [nonattainment areas](/usc/42/7501.md?p=2). - (b) **Applicability—** The provisions of this section shall only apply to [light-duty trucks](/usc/42/7550.md?p=7) and light-duty vehicles, and such provisions shall apply only in the [State](/usc/42/7602.md?p=d) of California, except as provided in [subsection (f)](#f). - (c) **Program requirements—** Not later than 24 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations establishing requirements under this section applicable in the [State](/usc/42/7602.md?p=d) of California. The regulations shall provide the following: - (1) **Clean-fuel vehicles—** [Clean-fuel vehicles](/usc/42/7581.md?p=7) shall be produced, sold, and distributed (in accordance with normal business [practices](/usc/42/17061.md?p=19) and applicable franchise agreements) to [ultimate purchasers](/usc/42/7550.md?p=5) in California (including [owners](/usc/42/13641.md?p=4) of [covered fleets](/usc/42/7581.md?p=5) referred to in [section 7586 of this title](/usc/42/7586.md)) in numbers that meet or exceed the following schedule: | Model Years | Number of Clean-Fuel
Vehicles | | --- | --- | | 1996, 1997, 1998 | 150,000 vehicles | | 1999 and thereafter | 300,000 vehicles | - (2) **Clean alternative fuels—** - (A) Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) of California shall submit a revision of the [applicable implementation plan](/usc/42/7602.md?p=q) under part D of subchapter I and [section 7410 of this title](/usc/42/7410.md) containing a clean fuel plan that requires that [clean alternative fuels](/usc/42/7581.md?p=2) on which the [clean-fuel vehicles](/usc/42/7581.md?p=7) 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](/usc/42/7581.md?p=2) shall be produced, distributed and made available to assure that all [clean-fuel vehicles](/usc/42/7581.md?p=7) required under this section can operate, to the maximum extent practicable, exclusively on such fuels in California. The [State](/usc/42/7602.md?p=d) shall require that [clean alternative fuels](/usc/42/7581.md?p=2) 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](/usc/42/7581.md?p=2), considering the number of, and type of, such vehicles sold and the geographic distribution of such vehicles within the [State](/usc/42/7602.md?p=d). The [State](/usc/42/7602.md?p=d) shall determine the [clean alternative fuels](/usc/42/7581.md?p=2) to be produced, distributed, and made available based on [motor vehicle](/usc/42/7550.md?p=2) [manufacturers](/usc/42/7550.md?p=1)’ projections of future sales of such vehicles and consultations with the affected local governments and fuel suppliers. - (B) The [State](/usc/42/7602.md?p=d) may by regulation grant [persons](/usc/42/7602.md?p=e) subject to the requirements prescribed under this paragraph an appropriate amount of credits for exceeding such requirements, and any [person](/usc/42/7602.md?p=e) granted credits may transfer some or all of the credits for use by one or more [persons](/usc/42/7602.md?p=e) in demonstrating compliance with such requirements. The [State](/usc/42/7602.md?p=d) may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as the [State](/usc/42/7602.md?p=d) finds appropriate. - (C) The [State](/usc/42/7602.md?p=d) may also by regulation establish specifications for any [clean alternative fuel](/usc/42/7581.md?p=2) produced and made available under this paragraph as the [State](/usc/42/7602.md?p=d) 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. - (D) If a retail gasoline dispensing facility would have to remove or replace one or more [motor vehicle](/usc/42/7550.md?p=2) 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 [[42 U.S.C. 6991](/usc/42/6991.md) et seq.] prior to November 15, 1990, 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. - (E) Nothing in this section authorizes any [State](/usc/42/7602.md?p=d) other than California to adopt provisions regarding [clean alternative fuels](/usc/42/7581.md?p=2). - (F) If the [State](/usc/42/7602.md?p=d) of California fails to adopt a clean fuel program that meets the requirements of this paragraph, the [Administrator](/usc/42/7602.md?p=a) shall, within 4 years after November 15, 1990, establish a clean fuel program for the [State](/usc/42/7602.md?p=d) of California under this paragraph and [section 7410(c) of this title](/usc/42/7410.md?p=c) that meets the requirements of this paragraph. - (d) **Credits for motor vehicle manufacturers—** - (1) The [Administrator](/usc/42/7602.md?p=a) may (by regulation) grant a [motor vehicle](/usc/42/7550.md?p=2) [manufacturer](/usc/42/7550.md?p=1) an appropriate amount of credits toward fulfillment of such [manufacturer](/usc/42/7550.md?p=1)’s share of the requirements of [subsection (c)(1)](#c-1) of this section for any of the following (or any combination thereof): - (A) The sale of more [clean-fuel vehicles](/usc/42/7581.md?p=7) than required under [subsection (c)(1)](#c-1) of this section. - (B) The sale of clean fuel[^1] vehicles which meet standards established by the [Administrator](/usc/42/7602.md?p=a) as provided in [paragraph (3)](#d-3) which are more stringent than the [clean-fuel vehicle](/usc/42/7581.md?p=7) standards otherwise applicable to such [clean-fuel vehicle](/usc/42/7581.md?p=7). A [manufacturer](/usc/42/7550.md?p=1) granted credits under this paragraph may transfer some or all of the credits for use by one or more other [manufacturers](/usc/42/7550.md?p=1) in demonstrating compliance with the requirements prescribed under this paragraph. The [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) shall grant credits in accordance with this paragraph, notwithstanding any requirements of [State](/usc/42/7602.md?p=d) law or any credits granted with respect to the same vehicles under any [State](/usc/42/7602.md?p=d) law, rule, or regulation. - (2) **Regulations and administration.—** The [Administrator](/usc/42/7602.md?p=a) shall administer the credit program established under this subsection. Within 12 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations for such credit program. - (3) **Standards for issuing credits for cleaner vehicles.—** The more stringent standards and other requirements (including requirements relating to the weighting of credits) established by the [Administrator](/usc/42/7602.md?p=a) for purposes of the credit program under 7585(e)[^2] of this title (relating to credits for clean fuel[^1] vehicles in the fleets program) shall also apply for purposes of the credit program under this paragraph. - (e) **Program evaluation—** - (1) Not later than June 30, 1994 and again in connection with the report under [paragraph (2)](#e-2), the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7550.md?p=2) [manufacturers](/usc/42/7550.md?p=1) and [motor vehicle](/usc/42/7550.md?p=2) fuel suppliers to comply with the requirements of such program and with the requirements of the California Pilot Program under this section. - (2) Not later than June 30, 1998, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7501.md?p=2), and desirability of continuing or expanding the program in California. - (3) The program under this section cannot be extended or terminated by the [Administrator](/usc/42/7602.md?p=a) except by Act of Congress enacted after November 15, 1990. [Section 7507 of this title](/usc/42/7507.md) does not apply to the program under this section. - (f) **Voluntary opt-in for other States—** - (1) **EPA regulations—** Not later than 2 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations establishing a voluntary opt-in program under this subsection pursuant to which— - (A) [clean-fuel vehicles](/usc/42/7581.md?p=7) which are required to be produced, sold, and distributed in the [State](/usc/42/7602.md?p=d) of California under this section, and - (B) [clean alternative fuels](/usc/42/7581.md?p=2) required to be produced and distributed under this section by fuel suppliers and made available in California[^3] may also be sold and used in other [States](/usc/42/7602.md?p=d) which submit plan revisions under [paragraph (2)](#f-2). - (2) **Plan revisions—** Any [State](/usc/42/7602.md?p=d) in which there is located all or part of an ozone [nonattainment area](/usc/42/7501.md?p=2) classified under subpart[^4] D of subchapter I as Serious, Severe, or Extreme may submit a revision of the [applicable implementation plan](/usc/42/7602.md?p=q) under part D of subchapter I and [section 7410 of this title](/usc/42/7410.md) to provide incentives for the sale or use in such an area or [State](/usc/42/7602.md?p=d) of [clean-fuel vehicles](/usc/42/7581.md?p=7) which are required to be produced, sold, and distributed in the [State](/usc/42/7602.md?p=d) of California, and for the use in such an area or [State](/usc/42/7602.md?p=d) of [clean alternative fuels](/usc/42/7581.md?p=2) 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](/usc/42/7602.md?p=d) has provided notice of such provisions to [motor vehicle](/usc/42/7550.md?p=2) [manufacturers](/usc/42/7550.md?p=1) and to fuel suppliers. - (3) **Incentives—** The incentives referred to in [paragraph (2)](#f-2) may include any or all of the following: - (A) A [State](/usc/42/7602.md?p=d) registration fee on [new motor vehicles](/usc/42/7550.md?p=3) registered in the [State](/usc/42/7602.md?p=d) which are not [clean-fuel vehicles](/usc/42/7581.md?p=7) 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](/usc/42/7581.md?p=7) and to vehicle [dealers](/usc/42/7550.md?p=4) who sell high volumes or high percentages of [clean-fuel vehicles](/usc/42/7581.md?p=7) and to defray the administrative costs of the incentive program. - (B) Provisions to exempt [clean-fuel vehicles](/usc/42/7581.md?p=7) from high occupancy vehicle or trip reduction requirements. - (C) Provisions to provide preference in the use of existing parking spaces for [clean-fuel vehicles](/usc/42/7581.md?p=7). The incentives under this paragraph shall not apply in the case of [covered fleet vehicles](/usc/42/7581.md?p=6). - (4) **No sales or production mandate—** The regulations and plan revisions under paragraphs [(1)](#f-1) and [(2)](#f-2) shall not include any production or sales mandate for [clean-fuel vehicles](/usc/42/7581.md?p=7) or [clean alternative fuels](/usc/42/7581.md?p=2). Such regulations and plan revisions shall also provide that vehicle [manufacturers](/usc/42/7550.md?p=1) and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell [clean-fuel vehicles](/usc/42/7581.md?p=7) or [clean alternative fuels](/usc/42/7581.md?p=2). ## Footnotes [^1]: So in original. Probably should be “clean-fuel”. [^2]: So in original. Probably should be “section 7586(f)”. [^3]: So in original. Probably should be followed by a comma. [^4]: So in original. Probably should be “part”. ## Source credit (July 14, 1955, ch. 360, title II, § 249, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2525.) ## Notes ### Editorial Notes ### References in Text The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classified generally to subchapter IX (§ 6991 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original “the date of the Clean Air Act Amendments of 1990”, which was translated as meaning the date of enactment of Pub. L. 101–549, which enacted this section, to reflect the probable intent of Congress.