1. No model year two thousand ten or subsequent model year motor
vehicle shall be sold in this state unless there is securely and
conspicuously affixed in a clearly visible location, a label on which
the manufacturer shall endorse clearly, distinctly, and legibly true and
correct entries disclosing information concerning the emissions of
global warming gases.
2. Unless alternative labeling is approved by the commissioner
pursuant to section 19-1105 of this title, the label required by
subdivision one of this section shall include:
a. a global warming index that contains quantitative information
presented in a continuous, easy-to-read scale, unless the commissioner
determines, after public hearing, that an alternative graphical
representation will more effectively convey the information to
consumers, and that compares the emissions of global warming gases from
the vehicle with the average projected emissions of global warming gases
from all vehicles of the same model year. For reference purposes, the
index shall also identify the emissions of global warming gases from the
vehicle model of that same model year that has the lowest emissions of
global warming gases; and
b. the use of at least one color ink, as determined by the
commissioner, in addition to black.
3. In order to ensure that the label is useful and informative to
consumers, the commissioner shall, in designing the label and to the
extent feasible within its existing resources:
a. seek input from the commissioner of motor vehicles, automotive
consumers, graphic design professionals, and persons with expertise in
environmental labeling; and
b. consider other relevant label formats consistent with paragraph a
of subdivision two of this section.
4. The index included in the label pursuant to paragraph a of
subdivision two of this section shall be updated as determined necessary
by the commissioner to ensure that the differences in emissions among
vehicles are readily apparent to the consumer.
5. Such label and index included in such label shall, to the largest
extent possible, be consistent with labels and information required by
other states. A label that complies with the requirements of the
California vehicle labeling program shall be deemed to meet the
requirements of this title. An automobile manufacturer may apply to the
commissioner for approval of an alternative to the labeling requirement
that is at least as effective in providing presale notification of the
vehicle's emissions of global warming gases as is the labeling required
by this title.
6. Nothing in this section shall be construed as prohibiting a
purchaser from removing the label required by this section, after such
purchaser has taken possession of the vehicle.