California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 11 - Clean Miles Standards
Section 2490 - Clean Miles Standard Regulations Applicability and Scope

Universal Citation: 13 CA Code of Regs 2490

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Applicability and Exemptions

(1) These Clean Miles Standard regulations, Title 13, Article 1, Section 2490, California Code of Regulations apply to transportation network companies (TNCs) operating in California.

(2) A TNC with annual VMT less than or equal to 5 million in a given calendar year is exempt from the requirements in Sections 2490.1, 2490.2, 2490.3(b) and 2490.3(c) for that year.

(3) Nothing in this chapter is a limitation on the power of the California Public Utilities Commission (CPUC) to adopt or enforce additional requirements related to the implementation of this chapter.

(b) Definitions

"Autonomous vehicle" has the meaning provided in section 38750 of the California Vehicle Code.

"Battery electric vehicle" or "BEV" has the meaning provided in title 13, California Code of Regulations, section 1962.

"Charter-party carrier" or "charter-party carrier of passengers" has the meaning provided in section 5360 of the California Public Utilities Code.

"eVMT" means electric vehicle miles traveled by a BEV or fuel cell electric vehicle.

"Fuel cell electric vehicle" or "FCEV" has the meaning provided for "hydrogen fuel cell vehicle" in title 13, California Code of Regulations, section 1962.2.

"Hybrid Electric Vehicle" or "HEV" means any vehicle that can draw propulsion energy from both of the following on-vehicle sources of stored energy:

1) a consumable fuel and

2) an energy storage device such as a battery, capacitor, or flywheel.

"Passenger mile traveled" or "PMT" has the meaning provided in section 2490.1 of this regulation.

"Personal vehicle" has the meaning provided in section 5431(b) of the Public Utilities Code.

"Plug-in hybrid electric vehicle" or "PHEV" has the meaning provided in title 13, California Code of Regulations, section 1961.3.

"Pool-matched trip" means a TNC ride where the TNC matched two or more parties who requested pooled service, such that each matched party shared a portion of the trip with at least one other matched party.

"Pool-requested trip" means a TNC ride where one or more passengers requested pooled service on the TNC app, regardless of whether the requester was in fact matched with another party that requested pooled service.

"Round" means the number shall be rounded, unless otherwise specified, up to the nearest whole number for numbers with 5 or higher in the tenths digit, or rounded down to the nearest whole number otherwise.

"TNC application" or "app" is the internet-based transportation service platform accessed using a mobile device or computer.

"Transportation network company" or "TNC" has the meaning provided in section 5431 of the Public Utilities Code and further applies to the entities listed in section 5450(a)(3) of the Public Utilities Code.

"TNC vehicle" means a vehicle or an autonomous vehicle used to transport passengers in connection with the TNC's online-enabled application or platform.

"Trip" is travel from an origin to destination by vehicle or mass transit that the TNC app captures.

"Vehicle miles traveled" or "VMT" means the distance traveled by a TNC vehicle. For purposes of this regulation, VMT includes all miles traveled within the state of California for trips wholly within the border of California. In addition, VMT shall include all miles for trips that originate within California.

"Year," unless otherwise specified, refers to a calendar year beginning January 1 and ending December 31, inclusive.

1. New chapter 11 (sections 2490-2490.4) and section filed 8-19-2022; operative 10-1-2022 (Register 2022, No. 33). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; and Section 5450, Public Utilities Code. Reference: Section 44274.4, Health and Safety Code; Sections 5360 and 5431, Public Utilities Code; and Sections 27908 and 38750, Vehicle Code.

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