Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A transit agency may opt to use a
Zero-Emission Mobility Program in lieu of making a zero-emission bus purchase
to meet the required minimum number of zero-emission buses as set forth in
section 2023.1(a)(4) if
such program meets the following requirements:
(1) The program provides zero-emission
mobility services by using bicycles, scooters, or other zero-emission vehicles
with a GVWR of 14,000 pounds or less, or any combination of these;
(2) The program must be either directly
operated by the transit agency or operated by a contractor to the transit
agency;
(3) The transit agency must
be able to track and record zero-emission passenger miles for each
zero-emission vehicle.
(4) A
transit agency must achieve the following zero-emission passenger miles per
year to be eligible to receive each mobility credit:
(A) A large transit agency must achieve at
least 320,000 zero-emission passenger miles per year;
(B) A small transit agency must achieve at
least 180,000 zero-emission passenger miles per
year.
(b)
Procedure to opt-in and opt-out of a Zero-Emission Mobility Option.
(1) To opt into a Zero-Emission Mobility
Option, a transit agency must submit a request to opt-in to the Executive
Officer with the following information to prove it is meeting the requirements
set forth in section
2023.5(a):
(A) A description of the types of vehicles,
including their GVWR and types of propulsion systems;
(B) Documentation to show who will operate
these services; and
(C) A
description of the method of collecting accurate zero-emission passenger miles
per vehicle.
(2) A
transit agency may choose to opt out from the Zero-Emission Mobility Option at
any time with the submittal of a request to opt-out to the Executive Officer
with expected date of program termination.
(c) Calculation and issuance of mobility
credits.
(1) Provided the criteria set forth
in section
2023.5(a) has
been met and the information required by section
2023.5(b) has
been submitted to the Executive Officer, a transit agency that opts into a
Zero-Emission Bus Mobility Option may receive one credit that is equivalent to
operation of one zero-emission bus in the fleet based on the following
calculations:
(A) When a bicycle is used in a
Zero-Emission Mobility Option, a multiplier of three (3) shall apply when
quantifying zero-emission passenger miles from a bicycle.
(B) The zero-emission mobility credit is
calculated by dividing the total zero-emission passenger miles in each calendar
year achieved by the Zero-Emission Mobility program by 320,000 passenger miles
per year for a large transit agency or by 180,000 passenger miles per year for
a small transit agency;
(C) For
each calendar year, if a transit agency maintains at least the same
zero-emission passenger miles as required in section
2023.5(a)(4) then
the mobility credits will continue to count as zero-emission buses in the
fleet.
(D) If the calculated number
of mobility credits as set forth in section
2023.5(c)(1)(B)
does not result to a whole number, the number must be rounded to the nearest
integer to determine the number of credits.
(d) Use of mobility credits.
(1) Each calculated credit as set forth in
section 2023.5(c)(1)(B)
will be treated the same as operating one zero-emission bus in the fleet in a
given calendar year.
(2) Each
mobility credit earned annually by a transit agency may be counted the same as
having a zero-emission bus by the transit agency in its fleet when calculating
the required minimum number of zero-emission buses in the following year of
achieving passenger miles as set forth in section
2023.1(a)(4).
(e) Reporting. Any transit agency that opts
into the Zero-Emission Mobility Option must report annually to show the total
zero-emission passenger miles achieved in the previous calendar year. A transit
agency using the Zero-Emission Mobility Option must meet the reporting and
record keeping requirements set forth in section
2023.9(c) for
zero-emission passenger miles.
1. 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.
