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Air Quality – Colorado to Join 13 States That Have Adopted California’s LEV Requirements

On August 16, the Colorado Air Quality Control Commission set a hearing to consider establishing a new Regulation Number 20 to adopt specific provisions of the California low emission vehicle (LEV) rule for model year 2022 and newer light and medium duty vehicles. The Division’s proposed rule will not include a Zero Emissions Vehicle (ZEV) mandate and has no impact on heavy-duty vehicles or non-road (construction and agricultural) equipment.

The rules, if adopted, will implement Governor Hickenlooper’s June 18, 2018 Executive Order B 2018 006 which directed the Colorado Department of Public Health and Environment (CDPHE) to: (1) Develop a rule to establish a Colorado Low Emission Vehicle (LEV) program, which incorporates the requirements of the California LEV program; and (2) Propose that rule to the Colorado Air Quality Control Commission (AQCC) during its August 2018 meeting for possible adoption into the Colorado Code of Regulations by 30 December 2018.  The Governor noted in his Executive Order that the federal government had announced its intention to roll back vehicle greenhouse gas (GHG) standards for model years 2022-2025 and that rolling back these standards would negatively impact Colorado’s ability to meet its GHG reduction goals.

Between 2004 and 2015, thirteen states have adopted similar California-based LEV rules.  Colorado will be the latest to follow their lead.

Link to Executive Order:  https://www.colorado.gov/governor/sites/default/files/b_2018-006_maintaining_progress_on_clean_vehicles.pdf

This post was drafted by John Watson, an attorney in the Denver, CO office of Spencer Fane LLP. For more information, visit spencerfane.com.