Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Fleet owners may request the following exemptions or
extensions if their California fleets comply with all applicable requirements.
Fleet owners requesting or utilizing any exemptions or extensions must meet
applicable reporting and recordkeeping requirements for each exemption or
extension as specified in sections
2013.2 and
2013.3. Any exemptions or
extensions granted to a fleet owner are not transferrable to another fleet
owner. The Executive Officer will respond to exemption or extension requests as
specified in section
2013.2(i).
(a) Backup Vehicle Exemption. Fleet owners
may designate vehicles as backup vehicles during the March reporting period as
specified in section
2013.2(b) and
renew such designations annually only if the criteria in (1) and (2) below are
satisfied:
(1) The vehicle is operated less
than 1,000 miles per year excluding any mileage travelled while performing
emergency operations in support of a declared emergency event; and
(2) The fleet owner must report the vehicle
as a backup vehicle and must submit odometer readings as specified in section
2013.2(f).
(3) Backup vehicles that no longer meet the
criteria specified in (1) and (2) above cannot be operated in California and
must be removed from the California fleet if the fleet is out of compliance
with section
2013(d).
(b) Daily Usage Exemption. Fleet
owners may request an exemption as specified in section
2013(n)(2) to
purchase a new ICE vehicle of the same configuration as an ICE vehicle being
replaced as specified in section
2013.1(b)(1) if
no new BEV is available to purchase that can meet the demonstrated daily usage
needs of any existing vehicles of the same configuration in the fleet, as
determined by the criteria specified in section
2013.1(b)(2) through
(5). If approved, fleet owners must place
their new ICE vehicle orders within one year from the date the exemption is
granted. Fleet owners may request this exemption only if at least ten percent
of their California fleet is comprised of ZEVs or NZEVs. The Executive Officer
will not approve exemption requests for a vehicle configuration that is
available to purchase as: an NZEV; an FCEV; a Class 7 or 8 BEV tractor or BEV
three-axle bus with a rated energy capacity of at least 1,000 kilowatt-hours; a
Class 4 through 6 BEV with a rated energy capacity of at least 325
kilowatt-hours; or a Class 7 or 8 BEV that is not a tractor or three-axle bus
with a rated energy capacity of at least 450 kilowatt-hours. The fleet owner
must submit the following information by email to TRUCRS@arb.ca.gov to apply:
(1) Submit the make, model, weight class,
configuration, and a photograph of the ICE vehicle to be replaced.
(2) Identify the BEV that is available to
purchase in the same weight class and configuration with the highest rated
energy capacity available. Submit the make, model, weight class, configuration,
and rated energy capacity of the identified BEV.
(3) Calculate the range of the vehicle
identified in section
2013.1(b)(2) in
miles by dividing the rated energy capacity of the identified BEV by the
following factors: for Class 2b through 3 vehicles, 0.6 kilowatt-hours per
mile; for Class 4 through 6 vehicles, 1.3 kilowatt-hours per mile; for Class 7
and 8 vehicles that are not tractors, 1.8 kilowatt-hours per mile; for Class 7
and 8 tractors, 2.1 kilowatt-hours per mile. For vehicles that operate
truck-mounted or integrated equipment while stationary, in lieu of calculating
the needed rated energy capacity based on vehicle miles travelled, the needed
rated energy capacity is the same as the measured BEV energy use specified in
section 2013.1(b)(3)(A).
Submit the calculation and results.
(A) In
lieu of calculating range as specified in section
2013.1(b)(3),
fleet owners may instead submit measured BEV energy use data from BEVs of the
same configuration already operated on similar daily assignments to
substantiate their exemption request. Information must include vehicle loading
and weight data, route grade, average ambient daily temperature, vehicle miles
travelled per day, energy used to drive, and state of charge at the beginning
and end of the daily shift to show typical daily energy usage for the BEV, over
five consecutive business days. For vehicles that operate truck-mounted or
integrated equipment while stationary, the information must also include the
energy used while stationary and number of hours such truck-mounted or
integrated equipment is operated each day.
(4) Submit a daily usage report for a period
of at least 30 consecutive workdays from within the last 12 months using
telemetry data or other data collection system that tracks daily mileage and
energy use, and hours of vehicle operation if applicable, for all ICE vehicles
of the same weight class and configuration of the vehicle to be replaced. Fleet
owners that have a mutual aid agreement to send vehicles to assist other
entities during a declared emergency event may alternatively submit this report
from within the last 60 months. The report must include the daily miles
traveled and energy used to drive for each ICE vehicle of the same weight class
and configuration of the vehicle to be replaced. Identify the lowest mileage
reading for each day and, except for public agency utilities, exclude the three
highest readings. For the exemption to be granted, the highest remaining
mileage or energy use number must be greater than the range calculated in
2013.1(b)(3) or the energy use data submitted per section
2013.1(b)(3)(A).
(A) For vehicles that operate truck-mounted
or integrated equipment while stationary, the daily usage report must include
the energy used while stationary and number of hours such truck-mounted or
integrated equipment is operated each day, for at least 30 consecutive workdays
from within the last 12 months.
(5) Submit a description of the daily
assignments or routes used by existing vehicle configurations with an
explanation of why all BEVs available to purchase of the same weight class and
configuration cannot be charged or fueled during the workday at the depot,
within one mile of the routes, or where ZEV fueling infrastructure is
available. The explanation must include a description of why charging could not
be managed during driver rest periods or breaks during the workday.
(6) In granting or denying the exemption
request, the Executive Officer will rely on the information submitted by the
applicant and utilize their good engineering judgement to determine whether the
information meets the criteria specified in section
2013.1(b).
(c) ZEV Infrastructure Delay
Extension. Fleet owners may request the following extensions as specified in
section 2013(n)(3) if
they experience delays due to circumstances beyond their control on a project
to install ZEV fueling infrastructure. Fleet owners may only request the
following extensions for ICE vehicles being replaced at the site experiencing
the delay. These extensions also apply for locations where the fleet owner has
entered into a contract of one year or longer to charge or fuel their ZEVs at a
single location prior to beginning the infrastructure project. The fleet owner
must request the following extensions at least 45 calendar days prior to the
next applicable compliance date for CARB to consider the request.
(1) ZEV Infrastructure Construction Delays.
Fleet owners may request this extension if they experience a construction delay
due to circumstances beyond their control. The Executive Officer will grant an
extension for up to two years, beginning on the applicable compliance date for
the number of vehicles that qualify for the extension, per project, if they
determine the fleet owner meets the criteria specified below. The fleet owner
must submit the documents specified in subsections (A) through (D) below the
following by email to TRUCRS@arb.ca.gov to apply:
(A) Documentation showing the executed
contract for the ZEV fueling infrastructure installation including a
construction permit indicating the permit issuance date is at least one year
prior to the next applicable compliance deadline.
(B) Documentation showing the delay is a
result of any of the following circumstances that occurred after the fleet
owner obtained the construction permit identified in section
2013.1(c)(1)(A):
change of a general contractor; delay in manufacture and shipment of ZEV
fueling infrastructure equipment; delays obtaining power from a utility; delays
due to unexpected safety issues on the project; discovery of archeological,
historical, or tribal cultural resources described in the California
Environmental Quality Act, Public Resources Code division 13, section 21000 et.
seq.; or natural disasters.
(C) A
letter to CARB from the responsible official explaining the reason for the
delay, why retail ZEV fueling infrastructure cannot be used, the estimated
completion date of the project, and documentation supporting the reason for the
delay from the licensed contractor performing the work, related utility,
building department, or other organization involved in the project.
(D) Documentation showing the executed ZEV
purchase agreement.
(E) In granting
or denying the extension request, the Executive Officer will rely on the
information submitted by the applicant and utilize their good engineering
judgement to determine whether the information meets the criteria in section
2013.1(c)(1).
(2) ZEV Infrastructure Site
Electrification Delays. Until January 1, 2030, fleet owners may request this
extension if their electric utility provider determines it cannot provide the
requested power to the site where ZEVs will be charged or refueled before the
fleet's next ZEV compliance deadline. The Executive Officer will grant an
extension for the time-period specified in section
2013.1(c)(2)(A)
and number of vehicles specified in section
2013.1(c)(2)(B)
if they determine the fleet owner satisfies the criteria for this delay, based
on the information submitted below and the exercise of their good engineering
judgment. The fleet owner must meet the criteria specified in subsections (A)
and (B) and submit the documentation or information specified in subsection (C)
below by email to TRUCRS@arb.ca.gov to apply:
(A) Site Electrification Delay Time Period.
Fleet owners may request an initial extension for a period of up to three years
to align the estimated ZEV delivery date with the amount of time the utility
determines it needs to supply the needed power to the site. Fleet owners can
request an additional two-year extension if the utility still cannot supply the
needed power by the end of any granted initial extension period. To renew the
initial extension, a fleet owner must submit updated supporting documentation
at least 45 calendar days prior to the expiration of the initial extension
period.
(B) Number of Extensions. A
fleet owner may request an extension for the number of ZEVs for which, based on
information submitted in section
2013.1(c)(2)(C),
the utility cannot supply sufficient power. The fleet owner must deploy the
maximum number of ZEVs needed to meet its compliance obligations and that can
be supported by the utility, and must deploy any additional ZEVs that can be
supported by utility upgrades to the site's electrical capacity each calendar
year during the delay until the project is complete to maintain the
extension.
(C) The fleet owner must
submit all of the following information by email to TRUCRS@arb.ca.gov to
request this extension:
1. A copy of the
application submitted to the utility requesting site electrification that is
consistent with the number of ZEVs the fleet owner must deploy each calendar
year to meet their compliance requirements during the requested extension
period.
2. The utility's response
showing that the project will take longer than a year, and the executed utility
contract. If a utility is unable or unwilling to execute a contract, a fleet
owner must submit the initial contract or application requesting site
electrification to the utility, and a signed attestation from the utility
stating they will proceed with the project.
3. Documentation indicating the reason for
the delay, an estimated delivery date provided by the manufacturer for the ZEV
replacing an ICE vehicle at the site, an estimate provided by the utility of
the available electrical capacity the utility can supply to the site within one
year of the extension request and for each year of the requested delay, in
kilowatts, and estimated project completion date.
4. Information about the ZEV fueling
infrastructure equipment that can be installed consistent with the utility's
capacity estimate and the associated number, configuration, and weight class of
the ZEVs that can be supported by such equipment within one year of the
extension request and for each year of the requested extension. The information
must include:
a. The number, type, and rated
capacity for chargers in kilowatts; or
b. For hydrogen stations, dispensing capacity
in kilograms per day and the electrical demand in kilowatts.
5. Fleet owners with multiple
sites where vehicles are domiciled must submit a copy of each site's
infrastructure capacity evaluation from the utility or a third-party licensed
professional electrical engineer with the information required to be submitted
in sections
2013.1(c)(2)(C)3.
and 4.
(D) In granting
or denying the extension request, the Executive Officer will rely on the
information submitted by the applicant and utilize their good engineering
judgement to determine whether the information meets the criteria in section
2013.1(c)(2).
(d) ZEV Purchase
Exemptions. Fleet owners may request exemptions as specified in section
2013(n)(4) to
purchase a new ICE vehicle if a needed configuration is not available to
purchase as a ZEV or NZEV under either the ZEV Purchase Exemption List of
section 2013.1(d)(1) or
the ZEV Purchase Exemption Application of section
2013.1(d)(2).
(1) ZEV Purchase Exemption List. The
Executive Officer will establish and maintain a list of vehicle configurations
on the CARB Advanced Clean Fleets webpage at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
no later than January 1, 2025. That list will specify vehicle configurations
that are not available to purchase as ZEVs or NZEVs and the date the exemption
expires for listed configurations determined to be available to purchase as
specified in section
2013.1(d)(2)(G).
The list will include the configurations specified in section
2013.1(d)(1)(A).
The Executive Officer will rely on the information submitted and gathered in
section 2013.1(d)(2) and
utilize their good engineering and business judgement to determine if the
information establishes that the criteria in sections
2013.1(d)(2)(C) through
(G) are met when determining whether to add a
vehicle configuration to the list or to identify the expiration date for a
vehicle configuration on the list. The list will not include the following
configurations: pickups, any buses, box trucks, vans, or any tractors. Fleet
owners may purchase a new ICE vehicle of the same configuration and weight
class as one on the list as specified in section
2013(n)(4),
report the purchase as specified in section
2013.2(g), and
keep records as specified in section
2013.3(e), and
CARB will recognize that vehicle as having met the criteria for the exemption.
(A) Configurations List. The list will
include the following vehicle configurations: Bucket truck, boom truck, dump
truck, flatbed truck, stake bed truck, front-loader refuse compactor truck,
side-loader refuse compactor truck, rear-loader refuse compactor truck, refuse
roll-off truck, service body truck, street sweeper, tank truck, tow truck,
water truck, car carrier truck, concrete mixer truck, concrete pump truck,
crane, drill rig, vacuum truck.
(2) ZEV Purchase Exemption Application. Fleet
owners may request an exemption as specified in section
2013(n)(4) to
purchase a new ICE vehicle of the same configuration as an ICE vehicle being
replaced as specified in section
2013.1(d)(2)(A)1.
If approved, fleet owners must place their new ICE vehicle orders within 1 year
from the date the exemption is granted. The fleet owner must submit information
specified in (A) and (B) below by email to TRUCRS@arb.ca.gov. The Executive
Officer will rely on the information submitted in sections
2013.1(d)(2)(A) and
(B) and their good engineering and business
judgement to determine if the information establishes that the criteria
specified in sections
2013.1(d)(2)(C) through
(G) are met:
(A) Fleet owners must submit the following
information about the vehicle configuration needed:
1. Make, model, weight class, configuration,
whether the vehicle has a crew cab, cabover, or all-wheel drive, and clear and
legible photographs of the entire left and right sides of the vehicle with
doors closed showing the vehicle's body configuration, for an existing ICE
vehicle being replaced in the fleet;
2. A list of any frame attachments other than
the body itself necessary to support or perform the primary intended function
of the vehicle. Examples of frame attachments include rail wheels and
stabilizing outriggers; and
3. The
make and model of the body equipped on the vehicle, if applicable.
(B) Fleet owners must also submit
documentation from two or more manufacturers that offer ZEV or NZEV chassis, or
complete ZEVs or NZEVs, that states the manufacturer does not offer for sale
ZEV or NZEV chassis, or complete ZEVs or NZEVs, of the needed configuration
submitted in section
2013.1(d)(2)(A).
If there are no manufacturers offering ZEV chassis, the statements can come
from other vehicle manufacturers.
(C) After receiving a complete submission,
the Executive Officer shall rely on information gathered from fleet owners or
manufacturers, including information gathered to comply with other
CARB-administered programs, manufacturer websites, manufacturer documentation,
authorized dealers, CARB-issued Executive Orders, and their good engineering
and business judgement to determine whether the configuration is available for
purchase as a ZEV or NZEV from any manufacturer, and whether the identified
body submitted in section
2013.1(d)(2)(A)3.
or a body from another manufacturer that can perform the same primary intended
function can be installed on the offered ZEV or NZEV. If the Executive Officer
does not have sufficient information to make the determination, they shall
solicit public feedback regarding the information submitted by the fleet owner
specified in section
2013.1(d)(2)(A)
from vehicle manufacturers and authorized dealers on the CARB Advanced Clean
Fleets webpage, available at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets,
to assist in making the determination.
(D) The Executive Officer shall consider an
offered ZEV or NZEV available to purchase if all of the following criteria are
met:
1. If applicable, the manufacturer has
certified the ZEV's powertrain with CARB in accordance with the "California
Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty
Zero-Emission Powertrains," as adopted June 27, 2019, which is incorporated by
reference herein;
2. ZEVs or NZEVs
offered have a model year 18 months or less from the date the fleet owner
submitted the complete exemption request;
3. ZEV or NZEV configuration is not solely
for demonstration, test, or experimental purposes;
4. ZEVs or NZEVs are not offered as a
temporary placeholder for a vehicle that may or may not be offered for sale in
the future; and
5. ZEVs or NZEVs do
not conflict with safety standards that the fleet owner is subject to, if
applicable, as prescribed under title 8, CCR, by the California Department of
Industrial Relations, Division of Occupational Safety and Health, comparable
federal or state health and safety laws where the vehicle operates, or federal
highway safety laws. The fleet owner must identify which of these safety laws
or standards would be in conflict and for what reasons in their
application.
(E) If the
Executive Officer identifies any manufacturer or authorized dealer that offers
for sale a ZEV or NZEV chassis, or complete ZEV or NZEV in the same or next
higher weight class, except for Class 8 vehicles which must only be in the same
weight class, in the needed configuration, with the needed frame attachments,
and on which the identified body submitted in section
2013.1(d)(2)(A)
or an equivalent body from another manufacturer or authorized dealer that can
perform the same primary intended function can be installed, the Executive
Officer will supply the manufacturer or authorized dealer name to the fleet
owner applicant, deny the exemption request, and remove the vehicle
configuration from the ZEV Purchase Exemption List pursuant to section
2013.1(d)(2)(G).
(F) If the Executive Officer cannot identify
any manufacturer that offers a ZEV or NZEV chassis, or complete ZEV or NZEV for
sale in the needed configuration and weight class, the vehicle configuration
will be added to the ZEV Purchase Exemption List specified in section
2013.1(d)(1).
(G) The Executive Officer will rely on
information gathered from fleet owners or manufacturers, including information
gathered to comply with other CARB-administered programs, manufacturer
websites, manufacturer documentation, authorized dealers, CARB-issued Executive
Orders, and their good engineering and business judgement to determine whether
any vehicle configuration listed on the ZEV Purchase Exemption List specified
in section
2013.1(d)(1) no
longer meets the criteria specified in section
2013.1(d)(2)(C) through
(G). If such a determination is made, on the
Advanced Clean Fleets website, the Executive Officer will notify the public of
the determination by posting the vehicle configuration, weight class, and
exemption expiration date on and after which the vehicle will no longer be
eligible to purchase as an ICE vehicle from the ZEV Purchase Exemption List,
which shall be the first day of the month after 180 calendar days after posting
the determination.
(H) The
Executive Officer will notify the fleet owner by email whether the exemption
has been approved within 45 calendar days from the date a complete application
is received. If the Executive Officer does not respond within this timeframe,
the exemption will be deemed approved.
(I) Fleet owners whose exemption request has
been granted must comply with the reporting and recordkeeping requirements
specified in sections
2013.2(g) and
2013.3(e).
(e) Mutual Aid
Assistance. Fleet owners may request this exemption as specified in section
2013(n)(5) to
purchase new ICE vehicles. The total number of new ICE vehicles allowed to be
purchased under this exemption must not exceed 25 percent of the total number
of vehicles in the fleet owner's California fleet in the calendar year the
exemption is approved, less the number of ICE vehicles already in the fleet
purchased pursuant to a granted exemption. Fleet owners must have a mutual aid
agreement to send vehicles to assist other entities during a declared emergency
event to apply. The California fleet must be comprised of ZEVs in the following
minimum proportions to apply: at least 25 percent until January 1, 2032; 50
percent until January 1, 2035; and 75 percent thereafter. This exemption does
not apply to pickup trucks, buses, box trucks, vans, tractors, or any vehicle
configurations available to purchase as NZEVs. The Executive Officer will rely
on the information submitted in sections
2013.1(e)(1) through
(5) and their good engineering judgment in
determining whether the information establishes that the criteria in
2013.1(e)(2) and (3) are met. The fleet owner must submit all of the following
by email to TRUCRS@arb.ca.gov to apply:
(1)
The make, model, weight class, configuration, and a photograph of the needed
ICE vehicle;
(2) Documentation from
each manufacturer offering ZEVs for sale of the same configuration and weight
class as the ICE vehicle identified in section
2013.1(e)(1)
describing the charging or fueling connector and charging or fueling time
capability;
(3) Documentation from
three mobile ZEV fueling providers, with mobile fueling options that are
compatible with the vehicle's charging or hydrogen fueling connector and system
identified in section
2013.1(e)(2) to
show the ZEV cannot be refueled from 10 to 80 percent of the ZEVs rated energy
capacity within one hour. If less than three mobile ZEV fueling providers have
compatible mobile fueling options for the ZEV, documentation must be submitted
from all mobile ZEV fueling providers that do have compatible mobile fueling
options;
(4) A copy of the mutual
aid agreement in effect with other entities to assist with affected vehicles
during declared emergency events; and
(5) A letter to the Executive Officer that
has an explanation of the reason for the exemption request.
Note: Authority cited: Sections
38505,
38510,
38560,
38566,
39010,
39500,
39600,
39601,
39602.5,
39650,
39658,
39659,
39666,
39667,
43013,
43018,
43100,
43101,
43102
and
43104,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38560,
38566,
38580,
39000,
39003,
39010,
39500,
39600,
39601,
39602.5,
39650,
39658,
39659,
39666,
39667,
39674,
39675,
42400,
42400.1,
42400.2,
42402.2,
42410,
43000,
43000.5,
43013,
43016,
43018,
43023,
43100,
43101,
43102,
43104,
43105,
43106,
43153,
43154,
43211,
43212
and
43214,
Health and Safety Code; and Section
28500,
Vehicle Code.
