Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-423 - Clean vehicles program
Section 173-423-083 - Fleet reporting requirement
Universal Citation: WA Admin Code 173-423-083
Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(a) Except as provided in subsection (2) of
this section, the following entities must submit to ecology all of the
information in subsection (3) of this section. As used in this section, all
operations conducted by entities under common ownership or control must be
aggregated and considered to be one entity to determine fleet reporting
applicability.
(i) Any entity that has gross
annual revenues greater than $50,000,000 in the United States for the 2022 tax
year, including revenues from all subsidiaries, subdivisions, or branches, and
that operated a facility in Washington in 2022 that had one or more vehicles
over 8,500 pounds GVWR that operated in Washington in 2022.
(ii) Any fleet owner or operator that owns or
operates a facility in Washington and that, in the 2022 calendar year, owned or
operated five or more vehicles with a GVWR greater than 8,500 pounds.
(iii) Any broker or entity that, in the 2022
calendar year, dispatched five or more vehicles with a GVWR greater than 8,500
pounds into or throughout Washington.
(iv) Any Washington government agency,
including state and local government, that operated five or more vehicles over
8,500 pounds GVWR in Washington in 2022.
(v) Any federal government agency that
operated five or more vehicles over 8,500 pounds GVWR in Washington in
2022.
(b) The following
vehicles are exempt from the reporting requirements in this section:
(i) Vehicles awaiting sale; and
(ii) Authorized emergency vehicles.
(2) General requirements.
(a) All entities required to
report under this rule must report information to ecology no later than
September 30, 2023.
(b)
Subsidiaries, parent companies, or joint ventures may independently report
information for each vehicle over 8,500 pounds. Alternatively, the corporate
parent or joint venture business may report on behalf of its subsidiaries, as
long as the information for all vehicles over 8,500 pounds is reported for each
subsidiary, corporate parent, and joint venture.
(c) An entity subject to this subsection and
that has brokerage or motor carrier authority, or both, must submit a report,
even if no vehicles are owned by the entity.
(d) Information pertaining to vehicles that
are under common ownership or control may be submitted separately by each fleet
owner.
(e) Entities subject to this
subsection may report vehicle data as the fleet was comprised on any date of
the entity's choosing, so long as that date falls between January 1, 2022, and
December 31, 2022.
(3) Fleet reporting requirement. An entity required to report under this section must report the information according to the requirements of each provision of this section. The reporting must include information for each and every operation under common ownership or control.
(a) General information.
(i) Name (i.e., if a business, the registered
business name) and all business names that the entity does business as (i.e.,
all "dba" or "doing business as" names);
(ii) Mailing address including street name or
P.O. box, city, state, and zip code;
(iii) Name of the responsible
official;
(iv) Responsible
official's email address;
(v)
Responsible official's phone number;
(vi) Name of corporate parent or governing
body, as applicable;
(vii) Federal
taxpayer identification number of corporate parent or other entities with which
the reporting entity has vehicles under common or control;
(viii) For a government agency, the
jurisdiction (federal, state, or local); federal taxpayer identification
number; primary six-digit North American Industry Classification System
code;
(ix) For a nongovernmental
entity, the total annual revenue for the entity in the United States for
2022;
(x) Broker authority under
the Federal Motor Carrier Safety Administration;
(xi) The operating authority numbers,
including motor carrier identification number, United States Department of
Transportation number, and International Registration Plan number;
(xii) The number of entities with whom the
reporting entity had a contract to deliver items or to perform work in
Washington using vehicles over 8,500 pounds GVWR in 2022;
(xiii) The estimated number of subhaulers,
vehicles operated by subhaulers, and the number of vehicles operated by
subhaulers that operated under the reporting entity's motor carrier authority;
and
(xiv) The number of vehicles
with a GVWR over 8,500 pounds the reporting entity owned and operated in
Washington in 2022 that do not have a vehicle home base in
Washington.
(b) Vehicle
home base. An entity required to report under this section must report general
information about the vehicle home base. Vehicles that accrue a majority of
their annual miles in Washington but are not assigned to a particular location
in Washington must be reported as part of the entity's headquarters or the
location where the vehicles' operation is managed. The entity must report for
each vehicle home base:
(i) Facility address
including street name, city, state, and zip code;
(ii) Facility type category, using one of the
following categories:
(A)
Administrative/office building;
(B)
Distribution center/warehouse;
(C)
Hotel/motel/resort;
(D)
Manufacturer/factory/plant;
(E)
Medical/hospital/care;
(F)
Multibuilding campus/base;
(G)
Restaurant;
(H) Service
center;
(I) Store;
(J) Truck/equipment yard; and
(K) Any other facility type;
(iii) Name of responsible
official;
(iv) Responsible
official's email address;
(v)
Whether the facility is owned or leased by the entity;
(vi) What type of fueling infrastructure is
installed at the facility;
(vii)
Whether the refueling infrastructure at the facility was initially installed on
or after January 1, 2010; and
(viii) The types of trailers the reporting
entity pulls, if it has tractors assigned or domiciled at this
facility.
(c) For each
vehicle home base, an entity may report the information grouped by vehicle body
type, and weight class bins and fuel type. An entity may complete responses for
each individual vehicle and include the vehicle's body type, weight class bin,
and fuel type. If applicable, an entity must separately report vehicles
dispatched under their brokerage authority. When responding, each vehicle must
only be counted once for each response. An entity must report:
(i) Number of vehicles in each vehicle
group;
(ii) Model year of the
vehicle and engine for each reported vehicle;
(iii) The percent of the vehicles in each
vehicle group with operating characteristics including, but not limited to:
Daily mileage, usage patterns, refueling, trailer towing, and other such
characteristics as specified by ecology. The term "usage pattern" shall
include:
(A) Average number of trips per
day;
(B) Typical destination points
for vehicles within each group;
(C)
Locations where trucks are parked for two hours or more per day, if different
from the vehicle home base;
(iv) The average annual mileage for a typical
vehicle in this vehicle group;
(v)
The average length of time a typical vehicle in this vehicle group is retained
by the reporting entity after acquisition;
(vi) Whether the reporting entity is the
fleet owner for this group of vehicles, or if they are dispatched under the
reporting entity's brokerage authority; and
(vii) The start and end date of the analysis
period selected by the reporting entity as required under (d) of this
subsection.
(d) An entity
must choose a period of time, for example annual or quarterly data averaged for
work days during the period selected to determine responses. For example, if an
entity selects annual data to determine vehicle daily mileage, the entity must
average the annual mileage accrued based on the number of work days that year.
(i) A shorter analysis period may be used if
the reporting entity deems it more representative of periods of high vehicle
utilization when answering questions about typical daily operation. For
example, if a reporting entity with seasonal workload fluctuations determines
that a week or month during the busy season is representative, average the data
records for that week or month when determining a response.
(ii) If an alternative analysis period is
used, the reporting entity must be prepared to describe their reasoning at the
request of ecology.
(e)
For information reported for a vehicle group at one location, a reporting
entity may repeat that information for the same vehicle group at another
vehicle home base if the reporting entity determines that the operation at the
second location is substantially similar to that at the first
location.
(f) A broker must provide
information about vehicle usage that is dispatched under contract, such as if a
broker hires a truck to move a load, only the miles driven under that contract
are required for the response. If known, the broker may voluntarily report
information about the miles driven outside the contract.
(4) Fleet reporting recordkeeping.
(a) An entity required to report must
maintain all of the following records related to the reporting for five years
after the reporting deadline:
(i) For owned
on-road vehicles, mileage records and dates from records, such as maintenance
logs, vehicle logs, or odometer readings, or other records with the information
that the reporting entity used to prepare the information the entity
submitted;
(ii) For on-road
vehicles not owned, but dispatched by the entity, dispatch records and dates,
contracts, or other records with the information that the reporting entity used
to prepare the information the entity submitted;
(iii) Vehicle registration for each owned
vehicle operated in Washington; and
(iv) Contracts with entities, or contracts
with subhaulers, or other records with the information that the reporting
entity used to prepare the information the entity submitted.
(b) An entity subject to this
section must respond to requests for clarification of reported information
within 14 days of receiving the request from
ecology.
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