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.