http://www.state.nj.us/treasury/taxation/pdf/Treasury2013ModelYearZEVlisting.pdf
The above link shows that Tesla Model S 85 kwh is a type V (5) vehicle. Type V vehicles must meet fast refueling requirements (per
http://docs.nrdc.org/energy/files/ene_10070701a.pdf ), and are worth 7 ZEV credits.
The Air Resources Board of Cali held a recent public meeting on tweaking the ZEV regulation. One of the things they are changing is disqualifying battery swapping as "fast refueling". I asked them if anyone was making cars that were currently getting ZEV credits from battery swapping. They said yes. I can't think of who this could be other than Tesla, though this wasn't specifically confirmed, and I didn't specifically ask.
So these two things make me think Tesla is already getting 7 ZEV credits for the 85 kwh.
This is just from my own research. Not an expert on this, so maybe someone will contradict me.