Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Zero-Emission Bus Purchase Requirements.
(1) In any given calendar year, transit
agencies must purchase or operate a minimum number of zero-emission buses as
determined by the following schedules:
(A)
For a large transit agency:
1. Starting
January 1, 2023, twenty-five percent of the total number of new bus purchases
in each calendar year must be zero-emission buses;
2. Starting January 1, 2026, fifty percent of
the total number of new bus purchases in each calendar year must be
zero-emission buses; and
3.
Starting January 1, 2029, all new bus purchases must be zero-emission
buses.
(B) For a small
transit agency:
1. Starting January 1, 2026,
twenty-five percent of the total number of new bus purchases in each calendar
year must be zero-emission buses; and
2. Starting January 1, 2029, all new bus
purchases must be zero-emission buses.
(2) If the calculated required minimum number
of zero-emission buses as set forth in section
2023.1(a) in a
given calendar year does not result in a whole number, the number must be
rounded to the nearest integer.
(3)
The zero-emission bus purchase requirements set forth in section
2023.1(a) apply
only to the total number of new bus purchases in a calendar year. The following
are not considered to be new bus purchases for the purposes of calculating the
minimum number of zero-emission buses required in a given calendar year:
(A) Purchase of used buses;
(B) Conversion of conventional internal
combustion engine buses to zero-emission buses; and
(C) Purchase of a cutaway bus, over-the-road
bus, double-decker, or articulated bus, until the latter of either January 1,
2026 or until the criteria specified in section
2023.1(c) have
been met.
(4) The
required minimum number of zero-emission buses in section
2023.1(a) can be
achieved with any combination of new zero-emission bus purchases and
zero-emission buses already present in the fleet, less any available
zero-emission bus bonus or zero-emission mobility credits, as provided in
sections 2023.3 and
2023.5. The number of
zero-emission buses in the fleet include all of the following zero-emission
buses regardless of how and when they are acquired:
(A) Any zero-emission bus from a previous
purchase that has been delivered;
(B) Any leased zero-emission bus that has
been delivered; and
(C) Any
zero-emission bus that is converted from a conventional internal combustion
engine bus and is an active bus. A zero-emission bus identified in section
2023.1(a)(4)(A) through
(C) may only be used once in accounting for
the required minimum number of zero-emission buses in section
2023.1(a)(1).
(5) If a transit agency cancels a Notice to
Proceed at any time before the bus delivery date, the purchase will be
considered invalid and will not count towards required total new bus
purchases.
(6) Starting January 1,
2023, a transit agency must retain a newly purchased zero-emission bus for at
least five years starting from the date of being placed in the active bus fleet
to satisfy the zero-emission bus purchase requirements.
(7) Annual compliance with the zero-emission
bus purchase requirements is determined as of December 31 of each calendar
year.
(b) Discharge of
the Initial Zero-Emission Bus Purchase Requirements. The zero-emission bus
purchase requirements in section
2023.1(a) for
calendar year 2023 and 2024 are discharged if the following circumstances
exist:
(1) The zero-emission bus purchase
requirements for calendar year ending December 31, 2023, are discharged if
California transit agencies collectively have at least eight hundred and fifty
(850) zero-emission buses purchased or in active bus fleets by December 31,
2020, based on the reporting data for the end of calendar year 2020.
(2) If the 2023 zero-emission bus purchase
requirement is discharged as a result of the implementation of section
2023.1(b)(1),
then the zero-emission bus purchase requirements for calendar year ending
December 31, 2024, are discharged if California transit agencies collectively
have at least one-thousand two hundred fifty (1,250) zero-emission buses
purchased or in active bus fleet by December 31, 2021, based on the reporting
data for the end of calendar year 2021.
(3) Zero-Emission Bus Bonus Credits as
specified in section
2023.3 cannot be used to meet the
requirements of sections
2023.1(b)(1) and
(2).
(c) Zero-Emission Cutaway, Over-The-Road,
Double-Decker, and Articulated Bus Purchase Requirements. Purchases of cutaway,
over-the-road, double-decker, or articulated buses are subject to the
zero-emission bus purchase requirements as specified in section
2023.1(a) on or
after January 1, 2026, if the cutaway, over-the-road, double-decker, or
articulated bus type has a model that has passed the bus testing procedure and
obtained a Bus Testing Report as described in section
2023(b)(8) for a
given weight class.
(d)
Zero-Emission Bus Rollout Plan Requirements. A transit agency must submit a
Zero-Emission Bus Rollout Plan (Rollout Plan) to the Executive Officer that
meets the following requirements.
(1) Rollout
Plans must include all of the following components:
(A) A goal of full transition to
zero-emission buses by 2040 with careful planning that avoids early retirement
of conventional internal combustion engine buses;
(B) Identification of the types of
zero-emission bus technologies a transit agency is planning to deploy, such as
battery electric or fuel cell electric bus;
(C) A schedule for construction of facilities
and infrastructure modifications or upgrades, including charging, fueling, and
maintenance facilities, to deploy and maintain zero-emission buses. This
schedule must specify the general location of each facility, type of
infrastructure, service capacity of infrastructure, and a timeline for
construction;
(D) A schedule for
zero-emission and conventional internal combustion engine bus purchases and
lease options. This schedule for bus purchases must identify the bus types,
fuel types, and number of buses;
(E) A schedule for conversion of conventional
internal combustion engine buses to zero-emission buses, if any. This schedule
for bus conversion must identify number of buses, bus types, the propulsion
systems being removed and converted to;
(F) A description on how a transit agency
plans to deploy zero-emission buses in disadvantaged communities as listed in
the latest version of CalEnviroScreen (
https://oehha.ca.gov/calenviroscreen);
(G) A training plan and schedule for
zero-emission bus operators and maintenance and repair staff; and
(H) Identification of potential funding
sources.
(2) Each transit
agency's governing body must approve the Rollout Plan through the adoption of a
resolution, and submit the Rollout Plan and a copy of the resolution to the
Executive Officer according to the following schedule:
(A) A large transit agency must submit its
governing body approved Rollout Plan along with its approval to the Executive
Officer by July 1, 2020;
(B) A
small transit agency must submit its governing body approved Rollout Plan along
with its approval to the Executive Officer by July 1, 2023.
(3) Transit agencies that are collectively
complying with the requirements of Joint Zero-Emission Bus Groups as set forth
in section
2023.2 may submit one joint
Rollout Plan in lieu of an individual transit agency Rollout Plan along with
governing body approval from each participating transit agency. The joint
Rollout Plan must be submitted to the Executive Officer based on the submittal
date of the largest transit agency in the Joint Group, as set forth in section
2023.1(d)(2).
(e) New Entrant. A new entrant must meet the
following requirements:
(1) It must submit a
compliance report by March 31 following its existence and every year thereafter
as specified in section
2023.8; and
(2) It must submit a Rollout Plan within 18
months of its existence.
1.
Renumbering and amendment of portions of former section
1956.2 to new section 2023.1 filed
1-31-2006; operative 1-31-2006 pursuant to Government Code section
11343.4
(Register 2006, No. 5).
2. New subsections (a)(4)-(a)(5)(C) filed
9-7-2006; operative 10-7-2006 (Register 2006, No. 36).
3. Amendment
of subsections (b)(6) and (c)(5) filed 10-15-2007; operative 11-14-2007
(Register 2007, No. 42).
4. Repealer and new section filed
8-13-2019; operative 10-1-2019 (Register 2019, No.
33).
Note: Authority cited: Sections
38501,
38510,
38560,
39002,
39003,
39500,
39600,
39601,
39667,
40000,
43000.5,
43013,
43018,
43100,
43101,
43102,
43104,
43105,
43106,
43701(b),
43801
and
43806,
Health and Safety Code. Reference: Sections
38501,
38510,
38560,
39002,
39003,
39017,
39027,
39500,
39600,
39601,
39650,
39655,
39667,
40000,
43000.5,
43013,
43018,
43101,
43104,
43105,
43701(b),
43801
and
43806,
Health and Safety Code; Sections
233,
350,
545 and
28114,
Vehicle Code; section 5303, title 49, United States Code; and Code of Federal
Regulations, title 49, section
665.13.
