Zero Emission Vehicle Mandate Proposal

On August 16, 2019, the Colorado Air Quality Control Commission (AQCC) voted 8-1 to adopt an alternate Zero Emission Vehicle (ZEV) Rule presented jointly by the Colorado Department of Transportation (CDOT) and the Colorado Energy Office.
The Colorado Secretary of State (SOS) published this rule on September 10, 2019.
As of January 2, 2022, automakers must make an increasing minimum percentage of Zero Emission Vehicles (ZEVs) available for sale as part of their light-duty fleet (8,500 pounds GVWR).
The alternate rule provides automakers with proportional and/or early-action credit options, which could make more of these vehicles available in Colorado as soon as Model Year (MY) 2021.
On June 19, 2018, Governor Hickenlooper signed Executive Order B 2018 006, Maintaining Progress on Clean Vehicles. It directs the Colorado Air Quality Control Commission (AQCC) to consider a proposed rule adopting a California Low Emission Vehicle (LEV) Standard. The AQCC passed Regulation 20 - The Colorado Low Emission Automobile Regulation (CLEAR) - on November 16, 2018.
This executive order did not direct CDPHE to propose a Zero Emission Vehicle (ZEV) program, or to mandate the sale of electric vehicles. There was extensive public comment, however, in support of both Low and Zero Emission Vehicle Rules at the AQCC meeting on August 16, 2018. The AQCC requested that a proposed ZEV rule be presented for its consideration. If adopted, such a Proposed Rule would require an increasing percentage of all light-duty motor vehicles sold in Colorado to be Zero Emission Vehicles.
On January 17, 2019, Governor Polis signed Executive Order B 2019 002, Supporting a Transition to Zero Emission Vehicles which includes the following directives:
  • CDPHE shall develop a rule to establish a ZEV program, and propose it to the AQCC by May 2019, for possible adoption by October 30, 2019.

  • CDPHE shall also revise its Beneficiary Mitigation Plan to allocate funds remaining from the Volkswagen settlement to the electrification of buses, trucks, and other vehicles.

  • A new Transportation Electrification Workgroup will draw representatives from CDPHE, CDOT, the Colorado Energy Office, and several other state agencies.

  • CDOT shall develop a Zero Emission Vehicle and Clean Transportation Plan to support widespread ZEV adoption.


Stakeholder process
The Air Pollution Control Division (APCD) has provided a forum for those with an economic or professional stake in Colorado's motor vehicle fleet mix, particularly those who would be affected by an increase in zero emission vehicle sales.
APCD held the following stakeholder meetings to seek distinct and quantitative fiscal, economic, and other impacts of a ZEV rule taking effect in Colorado:
September 20, 2018

Attendee list.

Audio Discussion (MP3, 2 hours, 9 minutes).

CDPHE: "Advanced Clean Cars for Colorado: Zero Emission Vehicle Proposal to Stakeholder Work Group."

Shulock Consulting: "ZEV Regulation - What Would It Mean For Colorado?"

International EV Policy Council: "Driving the Market for Plug-In Vehicles: Understanding ZEV Mandates."

Global Automakers letter opposing Colorado ZEV mandate.


October 19, 2018

Attendee List

Audio Discussion (MP3, 1 hour 35 minutes, meeting starts at 1:40).

Environmental Entrepreneurs (E2): Macroeconomic Analysis of Clean Vehicle Scenarios for Colorado

National Association of State Energy Officials (NASEO): PEV Policy Evaluation Rubric

International Council on Clean Transportation (ICCT): The Continued Transition to Electric Vehicles in U.S. Cities

K.K. DuVivier (University of Denver, College of Law): Legal Pathways to Deep Decarbonization in the United States

Jim Smith (Golden Real Estate, and Multiple-EV owner): The Gasoline-Powered Automobile is Obsolete

Northeast States for Coordinated Air Management (NESCAUM) letter supporting a  Colorado ZEV regulation

Honda North America letter opposing a Colorado ZEV mandate

Hyundai letter opposing a Colorado ZEV mandate

Mazda letter opposing a Colorado ZEV mandate

Kia letter opposing a Colorado ZEV mandate

Nissan North America letter supporting ZEV incentives over mandates


November 30, 2018

Attendee List.  


Audio Discussion (MP3, 1 hour 3 minutes). 

CDPHE: A Zero Emission Vehicle Rule for Colorado

Northeast States for Coordinated Air Management (NESCAUM) Multi-State ZEV Action Plan.


March 27, 2019

Attendee List


Bloomberg New Energy Finance: Electric Vehicle Outlook 2018.
("The upfront cost of EVs will become competitive on an unsubsidized basis starting in 2024").

California Air Resources Board (CARB) - ZEV Credit Balances

University of Michigan study (Jan. 2018): Relative Costs of Driving Electric and Gasoline Vehicles in the Individual U.S. States

Natural Resources Defense Council (NRDC, Nov. 2017): Electric Vehicles Are Not Crashing the Grid: Lessons from California

National Renewable Energy Laboratory (NREL, Jan. 2018) Research Determines Integration of Plug-in Electric Vehicles Should Play a Big Role in Future Electric System Planning

Colorado Public Utilities Commission (PUC, Jan. 2019) Electric Vehicle Working Group Report

POWER Magazine (Aug. 2018): EV Batteries Repurposed for Energy Storage

M.J. Bradley & Associates: Plug-in Electric Vehicle Cost-Benefit Analysis: Colorado


May 6, 2019
Presentation by Doug Decker (CDPHE): Regulation 20 - ZEV - Stakeholder Meeting #5.