Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and Applicability. Sections
2022 and
2022.1 apply to any municipality
or utility that owns, leases, or operates an on-road diesel-fueled heavy-duty
vehicle with either a 1960 to 2006 model-year heavy-duty engine or a 2007
model-year or newer engine certified to greater than 0.01 grams per brake
horsepower-hour particulate emission standard and manufacturer's gross vehicle
weight rating greater than 14,000 pounds. These sections do not apply to a
vehicle subject to the solid waste collection vehicle rule commencing with
title 13, California Code of Regulations, section
2021 or to the fleet rule for
transit agencies commencing with section
2023, or to a school bus as
defined in Vehicle Code section 545, or to a military tactical support vehicle,
as described in title 13, California Code of Regulations, section
1905, or to an emergency vehicle
as described in California Vehicle Code, section 27156.2, or to an off-road
vehicle as described in title 13, California Code of Regulations, sections
2401,
2421,
2411 and
2432.
(b) Definitions. The definitions in section
2020 shall apply to sections
2022, and
2022.1. In addition, the following
definitions apply only to sections
2022, and
2022.1.
(1) "Dedicated Snow Removal Vehicle" means a
vehicle that has permanently affixed snow removal equipment such as a snow
blower or auger and is operated exclusively to perform snow removal
operations.
(2) "Dual Engine Street
Sweeper" means an on-road heavy-duty vehicle, over 14,000 pounds gross vehicle
weight rating, that is used for the express purposes of removing material from
road surfaces, by mechanical means through the action of one or more brooms, or
by suction through a vacuum or regenerative air system or any combination of
the above. A dual engine street sweeper has an engine to propel the vehicle and
an auxiliary engine to power the broom or vacuum.
(3) "Lease" means to operate a vehicle that
is owned by a rental or leasing company for a period of one year or
more.
(4) "Low-Population County"
means a county with a population of less than 125,000, based upon the
California Department of Finance estimates as of July 1, 2005, and as listed in
Table 2 of title 13, California Code of Regulations section
2022.1.
(5) "Low Usage Vehicle" means a vehicle that
is operated for fewer than 1000 miles or 50 hours per year, based on a 5 year
rolling mileage or engine-hour average. A vehicle that does not have a properly
functioning odometer, tachograph, or other reliable device to measure usage may
not qualify as a low usage vehicle.
(6) "Low-Population County Low Usage Vehicle"
means a vehicle that is owned or operated by a municipality or utility located
in a low-population county and is operated, based on a 5 year rolling mileage
or engine hour average for fewer than 3000 miles or 150 hours, excluding
mileage or engine hours used during snow removal operations. A vehicle that
does not have a properly functioning odometer, tachograph, or other reliable
device to measure usage may not qualify as a low-population county low usage
vehicle.
(7) "Operate" means to use
or manage a vehicle by a municipal or utility employee for the purposes of
conducting work by or for the municipality or utility. This does not include
personal vehicle use for commuting to or from the workplace.
(8) "Retirement" or "Retire" means the
withdrawal of an engine or vehicle subject to this rule from a municipality or
utility fleet in California; the engine may be sold outside of the State of
California, scrapped, converted for use in a low usage vehicle or
low-population county low usage vehicle. "Retirement" or "retire" also means
the transfer of an engine or vehicle, which is subject to this rule and has
been brought into compliance with title 13, California Code of Regulations,
section 2022.1(b), from a
municipality or utility fleet in California to another person or entity in
California. In addition, "retirement" means the sale of a dual engine street
sweeper with a model year engine of 2004, 2005, or 2006 in the State of
California to a buyer who must comply with title 13, California Code of
Regulations, section
2025.
(9) "Sold Outside of the State of California"
means a sale of a vehicle for operation outside the State of California to
satisfy the definition of "retirement" in section
2022(b)(8). A
municipality or utility must submit a completed "VIN stop" application, as
defined in title 13, California Code of Regulations, section
2022(b)(10), to
the Executive Officer prior to sale of the vehicle. ARB will obtain VIN Stop
from Department of Motor Vehicles. A municipality or utility must also follow
the record-keeping requirements as defined in title 13, California Code of
Regulations, section
2022(f)(1)(K). If
a municipality or utility is selling a vehicle through a Third Party Vehicle
Seller, it must include Third Party Vehicle Seller contract language as defined
in title 13, California Code of Regulations, section
2022(h).
(10) "Third Party Vehicle Seller" means a
person that a municipality or utility uses to sell a vehicle outside of the
State of California.
(11) "Total
Fleet" means the total of a municipality's or utility's on-road heavy-duty
vehicles with a 1960 to 2006 model-year medium heavy-duty or heavy heavy-duty
engine and a manufacturer's gross vehicle weight rating greater than 14,000
pounds, excluding (A) low usage vehicles, (B) low-population county, low usage
vehicles, (C) dedicated snow-removal vehicles, and (D) gasoline fueled
vehicles.1 As of January 1, 2009, "Total Fleet"
means the total of a municipality's or utility's on-road heavy-duty vehicles
with a manufacturer's gross vehicle weight rating greater than 14,000 pounds
with a 1960 to 2006 model-year heavy-duty engine or with a 2007 model-year or
newer heavy-duty engine certified to greater than 0.01 grams per brake
horsepower-hour particulate emission standard, excluding low usage vehicles;
low-population county, low usage vehicles; dedicated snow-removal vehicles; and
gasoline fueled vehicles.
(12)
"Utility" means a privately-owned company that provides the same or similar
services for water, natural gas, and electricity as a public utility operated
by a municipality.
(13) "Vehicle
Type" means one of the following categories: "Compliant" for those vehicles
that meet the requirements of section
2022.1(b);
"Future Compliant" for those vehicles for which the municipality or utility has
a planned compliance date; "Retired" for those vehicles that will meet the
definition of "retirement" at a planned retirement date; "Low Usage or
Low-Population County Low Usage" for those vehicles that meet the applicable
definitions in this section; and "Experimental" for those vehicles that are
part of an experimental program and comply with the provisions of section
2022.1(d)(5).
(14) "VIN stop" means a Department of Motor
Vehicle's registration hold based on a vehicle identification number to prevent
a vehicle from being re-registered in California after a vehicle is "retired."
__________
1 Gasoline vehicles that do not
meet the best available control technology (BACT) requirements specified in
title 13, California Code of Regulations, section
2022.1(b)(3) are
excluded from the total fleet calculation.
1. New
section filed 12-6-2006; operative 1-5-2007 (Register 2006, No.
49).
2. Amendment of subsections (a) and (b), new subsections
(b)(2)-(3), (b)(7), (b)(9)-(10) and (b)(14), subsection renumbering and
amendment of newly designated subsections (b)(8) and (b)(11) and NOTE filed
12-3-2009; operative 12-3-2009 pursuant to Government Code section 11343.4(c)
with respect to all equipment other than street sweepers; operative with
respect to street sweepers upon filing of proposed section
2025 (Register 2009, No.
49).
Note: Authority cited: Sections 39600 and 39601, Health
and Safety Code. Reference: Sections 39002, 39003, 39655, 39656, 39657, 39658,
39659, 39660, 39661, 39662, 39664, 39665, 39667, 39674, 39675, 43000, 43013,
43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety
Code.
