Zero Emission Vehicle Mandate Proposal

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 this standard 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 Zero Emission Vehicles at the AQCC meeting on August 16, 2018. 
The AQCC requested that a proposed rule be presented for its consideration and a future public rulemaking hearing. If adopted, such a Proposed Rule would mandate an increasing percentage of all light-and-medium-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) is exploring approaches to a proposed rule that would impose sales quotas on vehicle manufacturers, thus increasing the percentage of zero emission vehicles in Colorado. APCD will provide 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 is holding stakeholder meetings to seek distinct and quantitative fiscal, economic, and other impacts of a ZEV mandate taking effect in Colorado: 
APCD will hold additional stakeholder meetings before presenting a Proposed Rule to the AQCC. Please check this page for updates.
Those who cannot attend meetings in person can provide written feedback here
Air Quality Control Commission
The Colorado Air Quality Control Commission anticipates that it will consider a Request for Hearing at its monthly meeting on May 10, 2019 of the Zero Emission Vehicle mandate for Colorado, and will also accept public comment before deciding whether or not to schedule a Rulemaking Hearing to consider a Proposed Rule. Should the commission grant a Request for Hearing and set the matter for a Rulemaking Hearing, interested persons may petition the commission to become a party to the rulemaking. Please Note: comments received prior to the official notice of rulemaking will be considered as "general public comment" and will not be included in the hearing record. In order to be included in the record, comments must be submitted during the noticed public comment period following the Request for Hearing.