Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Two or more
transit agencies may choose to form a Joint Zero-Emission Bus Group (Joint
Group) to comply with the requirements of section
2023.1 collectively. A Joint Group
must meet at least one of the following eligibility criteria:
(1) All participating transit agencies are
located within the same service area of a Metropolitan Planning Organization or
Regional Transportation Planning Organization;
(2) All participating transit agencies are
located within the same Air Basin;
(3) All participating transit agencies are
located within the same Air Quality Management District, Air Pollution Control
District, or Air Resources District; or,
(4) All participating transit agencies share
infrastructure.
(b)
Procedure to form a Joint Group.
(1) A group
of transit agencies forming a Joint Group must provide the Executive Officer a
notice at least one year before the Joint Group takes effect. The notice must
include all of the following information:
(A)
A list of all participating transit agencies;
(B) A statement of intent to form the Joint
Group from a responsible official for each participating transit
agency;
(C) The proposed start year
and if known the end date of the Joint Group;
(D) A description on which criteria specified
in section
2023.2(a) are met
to form a Joint Group.
(2) The Executive Officer will approve the
joint agreement if,
(A) At least one of the
criteria set forth in section
2023.2(a) has
been met, and
(B) The notice
required by section
2023.2(b)(1) has
been provided.
(3) The
Executive Officer will assign a Joint Group Number to the group to be used by
each participating transit agency for the purpose of annual reporting as
specified in section
2023.8.
(c) Joint Group Compliance Requirements.
(1) Members of a Joint Group collectively may
submit one joint Rollout Plan in lieu of individual transit agency Rollout
Plans, along with the approval from each transit agency's governing body as set
forth in section
2023.1(d)(3).
(2) Subject to section
2023.3(c),
members of a Joint Group must collectively purchase and operate at least the
same total number of zero-emission buses annually as each transit agency would
be required to purchase and operate individually as set forth in section
2023.1(a).
(3) A Joint Group that is requesting a
deferral from zero-emission bus purchase requirements as described in section
2023.4 must explain why the
compliance requirements cannot be met by each member of the Joint
Group.
(4) If a Joint Group fails
to comply with the zero-emission bus requirements set forth in section
2023.1 in a given year, each
transit agency will be evaluated for compliance individually.
(5) If the largest transit agency in a Joint
Group is a large transit agency, this transit agency must have the required
minimum number of zero-emission buses as a percentage of its total new bus
purchases in that calendar year as set forth in section
2023.1(a).
(d) Changes to a Joint Group. In case of a
change in membership, all participating transit agencies, including the new or
departing transit agency, must collectively submit a request to change
membership to the Executive Officer explaining the change and its expected
effective date. The member change request must be signed by the responsible
official of each participating transit agency, including the new or departing
transit agency, and must be submitted to the Executive Officer along with the
governing body approval of each participating transit agency, for such a
change.
(e) All transit agencies
participating in a Joint Group must individually meet the reporting and
record-keeping requirements of sections
2023.8 and
2023.9.
1. New
section filed 1-31-2006; operative 1-31-2006 pursuant to Government Code
section
11343.4
(Register 2006, No. 5).
2. 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.
