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FINAL REGULATION ORDER
Advanced Clean Trucks Regulation
Adopt new sections 1963, 1963.1, 1963.2, 1963.3, 1963.4, and 1963.5, title 13,
California Code of Regulations. Additionally, adopt new sections 2012, 2012.1, and
2012.2, title 13, California Code of Regulations codifed under new article 3.1. The new
sections to read as follows:
(Note: The entire text of sections 1963 - 1963.5 and 2012 - 2012.2 set forth below is
new language in “normal type” proposed to be added to the California Code of
Regulations.)
Section 1963. Advanced Clean Trucks Purpose, Applicability, Definitions,
and General Requirements.
(a) Purpose. The purpose of sections 1963, 1963.1, 1963.2, 1963.3, 1963.4, and
1963.5 is to accelerate the market for on-road zero-emission vehicles and to
reduce emissions of oxides of nitrogen (NOx), fine particulate matter (PM), other
criteria pollutants, toxic air contaminants, and greenhouse gases (GHG) from
medium- and heavy-duty on-road vehicles.
(b) Scope and Applicability. Any manufacturer that certifies on-road vehicles over
8,500 lbs. gross vehicle weight rating for sale in California is subject to sections
1963, 1963.1, 1963.2, 1963.3, 1963.4, and 1963.5 except as specified in section
1963(e).
(c) Definitions. The following definitions apply for sections 1963 through 1963.5:
(1) "All-electric range" means the number of miles a vehicle can travel using
electricity stored on-board the vehicle as tested per the requirements of 17
CCR section 95663(d) for on-road vehicles with a GVWR over 8,500 lbs.
(2) "Class 2b-3" means an on-road vehicle with a GVWR that is 8,501 pounds
up to 14,000 pounds.
(3) "Class 2b-3 group" means the group of all on-road vehicles with a GVWR
that is 8,501 pounds up to 14,000 pounds.
(4) "Class 4" means an on-road vehicle with a GVWR that is 14,001 pounds
up to 16,000 pounds.
(5) "Class 4-8 group" means the group of all on-road vehicles with a GVWR
that is 14,001 pounds and above, including “yard tractors” as defined in
1963(c)(20), except for a “tractor” as defined in section 1963(c)(18).
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(6) "Class 5" means an on-road vehicle with a GVWR that is 16,001 pounds
up to 19,500 pounds.
(7) "Class 6" means an on-road vehicle with a GVWR that is 19,501 pounds
up to 26,000 pounds.
(8) "Class 7" means an on-road vehicle with a GVWR that is 26,001 pounds
up to 33,000 pounds.
(9) "Class 7-8 tractor group" means a group of on-road vehicles, that have a
GVWR 26,001 pounds and above, including all vehicles that meet the
definition of "tractor" as defined in section 1963(c)(18), except "yard
tractors" as defined in section 1963(c)(20).
(10) "Class 8" means an on-road vehicle with a GVWR that is 33,001 pounds
and above.
(11) "Excluded bus" means a vehicle that meets the following conditions:
(A) A passenger-carrying vehicle with a GVWR that is 14,001 pounds
or more;
(B) Has a load capacity of fifteen (15) or more passengers;
(C) Is not a cutaway vehicle as defined in 13 CCR section 2023 (b)(17);
and
(D) Is not a school bus as defined in the California Vehicle Code
section 545.
(12) "Executive Officer" means the Executive Officer of the California Air
Resources Board (CARB) or his or her authorized representative.
(13) "Gross vehicle weight rating or "GVWR" has the same meaning as GVWR
in California Vehicle Code section 350.
(14) "Manufacturer" means any person who assembles new on-road motor
vehicles, or imports such vehicles for resale, or who acts for and is under
the control of any such person in connection with the distribution of new
motor vehicles, but shall not include any dealer with respect to new motor
vehicles received in commerce. In general, this term includes any person
who manufactures or assembles an on-road vehicle or other incomplete
on-road vehicle for sale in California or otherwise introduces a new on-
road motor vehicle into commerce in California. This includes importers
who import on-road vehicles for resale and persons that assemble glider
vehicles. This does not include persons who supply parts to the importer
or vehicle manufacturer of record.
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(15) "Model year" means a designation meeting the definition of “model year”
under 17 CCR section 95662(a)(16).
(16) “Near-zero-emission vehicle” or “NZEV” means one of the following:
(A) An on-road plug-in hybrid electric vehicle which has the same
definition as that in 40 CFR section 86.1803-01, amended on July
1, 2011, incorporated by reference herein, that achieves all-electric
range as defined in section 1963(c)(1); or
(B) An on-road hybrid electric vehicle that has the capability to charge
the battery from an off-vehicle conductive or inductive electric
source and achieves all-electric range as defined in section
1963(c)(1).
(17) "NZEV credit" means a credit generated by producing and selling a NZEV
in California.
(18) "Tractor" means an on-road vehicle meeting one of the following:
(A) The definition of ‘‘tractor’’ in 17 CCR section 95662(a)(23); or
(B) The definition of ‘‘vocational tractor’’ in 17 CCR section
95662(a)(27).
(19) "Vehicle" or “on-road vehicle” means new equipment that meets the
following criteria:
(A) Has a GVWR that is 8,501 pounds and above;
(B) Is equipment intended for use on highways, and meets the
definition set forth in 17 CCR section 95662(a)(26);
(C) Is not a trailer as defined in 17 CCR section 95662(a)(24); and
(D) Is not an excluded bus as defined in section 1963(c)(11).
(20) “Yard tractor” means a vehicle that was originally designed to be operated
on-road and has a movable fifth wheel that can be elevated and is used in
moving and spotting trailers and containers at a location or facility. Yard
tractors are also commonly known as yard goats, hostlers, yard dogs,
trailer spotters, or jockeys.
(21) "Zero-emission vehicle" or "ZEV" means an on-road vehicle with a drivetrain
that produces zero exhaust emission of any criteria pollutant (or precursor
pollutant) or greenhouse gas under any possible operational modes or
conditions.
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(22) "ZEV credit" means a credit generated by producing and selling a ZEV
into California.
(d) General Requirements. Except as provided in section 1963(e), a manufacturer
must retire a number of ZEV or NZEV credits that equals or exceeds their total
annual deficits each model year, subject to the provisions of section 1963.3.
(e) Low Volume Exemption. Each model year, starting in 2024, manufacturers that
do not exceed 500 average annual sales of on-road vehicles produced and
delivered for sale in California for the three prior model years are exempt from
the requirements of sections 1963 through 1963.5. Manufacturers that meet this
exemption as of 2021 but subsequently exceed 500 average annual vehicle
sales in any model year become subject to the requirements of sections 1963
through 1963.5 starting the second model year after the average annual sales
exceeded the threshold.
(f) Voluntary Credit Generation. Any manufacturer that is exempt may elect to
generate ZEV or NZEV credits per the provisions of section 1963.2. If a
manufacturer chooses to generate ZEV or NZEV credits, it must comply with the
credit generation, banking, and trading provisions of section 1963.2, the reporting
and recordkeeping requirements of section 1963.4, and the enforcement
provisions of section 1963.5.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5 Health and Safety Code.
Section 1963.1. Advanced Clean Trucks Deficits
Basic Requirement. Beginning with the applicable effective dates, a manufacturer must
comply with the following requirements:
(a) Deficit Generation. Starting with the 2024 model year, a manufacturer shall
annually incur deficits based on the manufacturer's annual sales volume of on-
road vehicles produced and delivered for sale in California. Deficits are incurred
when the on-road vehicle is sold to the ultimate purchaser in California.
(b) Deficit Calculation. Deficits shall be calculated each model year. For each on-
road vehicle, the deficit is calculated as the product of the model year percentage
requirement from Table A-1, and the appropriate weight class modifier for each
vehicle from Table A-2. Every model year, the deficits generated by each vehicle
are summed for each vehicle group.
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Table A-1. ZEV Sales Percentage Schedule
Model Year
Class 2b-3
Group
Class 4-8
Group
Class 7-8
Tractors
Group
2024
5%
9%
5%
2025
7%
11%
7%
2026
10%
13%
10%
2027
15%
20%
15%
2028
20%
30%
20%
2029
25%
40%
25%
2030
30%
50%
30%
2031
35%
55%
35%
2032
40%
60%
40%
2033
45%
65%
40%
2034
50%
70%
40%
2035 and beyond
55%
75%
40%
Table A-2. Weight Class Modifiers
Vehicles in
the Class
2b-3
Class 4-5
Vehicles in
the Class
4-8 Group
Class 6-7
Vehicles in the
Class 4-8
Group
Class 8
Vehicles in the
Class 4-8
Group
Vehicles in
the Class 7
and 8 Tractor
Group
Weight
Class
Modifier
0.8 1 1.5 2 2.5
(c) Deficit Rounding. If the sum of deficits generated in a model year for a vehicle
group is not equal to a whole number, the sum of deficits shall round up to the
nearest tenth when the fractional part is equal to or greater than 0.05, and round
down to the nearest tenth if less than 0.05.
(d) Deficit Accounting. Deficits generated from vehicles in the Class 7-8 tractor
group must be accounted separate from other deficits.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5 Health and Safety Code.
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Section 1963.2. Advanced Clean Trucks Credit Generation, Banking, and
Trading
Beginning with the 2021 model year, the following requirements apply:
(a) ZEV Credit Calculation. A manufacturer may generate ZEV credits for each ZEV
produced and delivered for sale in California for the manufacturer-designated
model year. ZEV credits are earned when a new on-road vehicle is sold to the
ultimate purchaser in California. The ZEV credit generated for each vehicle sold
is equal to the value of the appropriate weight class modifier in Table A-2 of
section 1963.1.
(b) NZEV Credit Calculation. Until the end of the 2035 model year, a manufacturer
may generate NZEV credits for each NZEV produced and delivered for sale in
California for the manufacturer-designated model year. NZEV credits are earned
when a new on-road vehicle is sold to the ultimate purchaser in California. The
NZEV credit generated for each vehicle sold is calculated as the product of the
appropriate weight class modifier in Table A-2 of section 1963.1, and the NZEV
factor value as calculated in section 1963.2(b)(1).
(1) NZEV Factor Value. The NZEV factor used to calculate NZEV credits
shall be calculated as 0.01 multiplied by the all-electric range, and is not to
exceed 0.75.
(2) Minimum All-Electric Range. To earn credit, NZEVs must have an all-
electric range that equals or exceeds the criteria specified in 17 CCR
section 95663(d) until the end of the 2029 model year and an all-electric
range that equals or exceeds 75 miles or greater starting with the 2030
model year.
(c) Credit Rounding. If the calculated number of summed ZEV or NZEV credits
generated in a model year for a vehicle group is not equal to a whole number, the
summed number shall round up to the nearest tenth when the fractional part is
equal to or greater than 0.05, and round down to the nearest tenth if less than
0.05.
(d) Credit Banking. ZEV and NZEV credits may be banked for future use. Banked
credits may be used to satisfy deficits per section 1963.3 and have limited
lifetimes per section 1963.2(g).
(e) Credit Trading and Transfer. ZEV and NZEV credits may be traded, sold, or
otherwise transferred between manufacturers. ZEV or NZEV credits transferred
in this manner may be used to satisfy deficits per section 1963.3 and have limited
lifetimes per section 1963.2(g), and must be reported to the Executive Officer in
accordance with the requirements of section 1963.4.
(f) Credit Accounting. ZEV and NZEV credits must be separately accounted for
based on model year generated. NZEV credits must be accounted for separately
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from ZEV credits. Class 7-8 tractor group credits must be accounted for
separately from other credits.
(g) Limited Credit Lifetime. ZEV and NZEV credits have limited lifetimes as follows:
(1) 2021 to 2023 Model Year. ZEV or NZEV credits generated in the 2021,
2022 and 2023 model years expire at of the end of the 2030 model year,
and are no longer available to be used to meet compliance for 2031 and
later model years. For example, ZEV or NZEV credits generated during
the 2022 model year may be used to meet compliance requirements until
the end of the 2030 model year, and may not be used to meet 2031 model
year compliance requirements.
(2) 2024 Model Year and Beyond. ZEV or NZEV credits generated in 2024
and subsequent model years may be used only for five model years after
the model year in which they are generated. For example, ZEV or NZEV
credits generated for the 2024 model year may be used to meet
compliance requirements until the end of the 2029 model year, and may
not be used to meet 2030 model year compliance requirements.
(h) Zero-Emission Powertrain Certification for ZEVs. Beginning with the 2024 model
year, on-road ZEVs over 14,000 pounds GVWR and incomplete medium-duty
ZEVs from 8,501 through 14,000 pounds GVWR produced and delivered for sale
in California must meet the requirements of 13 CCR section 1956.8 and 17 CCR
section 95663 as amended by the Zero-Emission Powertrain Certification
regulation to receive ZEV credit.
(i) No Double Counting ZEVs or NZEVs. Class 2b-3 ZEVs or NZEVs produced and
delivered for sale in California may earn credits under 13 CCR section 1962.2 or
may earn ZEV or NZEV credits under section 1963.2, but may not earn credits in
both 1962.2 and 1963.2 for the same vehicle. Manufacturers must comply with
reporting requirements specified in section 1963.4(c).
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5 Health and Safety Code.
Section 1963.3. Advanced Clean Trucks Compliance Determination
(a) Annual Compliance Determination. For each model year, compliance is
achieved when the manufacturer’s Class 7-8 tractor credits retired offset their
Class 7-8 tractor deficits except as specified in 1963.3(c)(3) and when the
manufacturer's total credits retired offset their total deficits.
(b) Requirement to Make Up a Deficit. A manufacturer that retires fewer ZEV or
NZEV credits than required to meet its credit obligation in a given model year
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must make up the deficit by the end of the next model year by submitting a
commensurate number of ZEV credits to satisfy the deficiency. Deficits carried
over to the following model year cannot be made up with NZEV credits.
(c) Credit Retirement Order. Credit accounts are debited using the following
conventions, except as provided in section 1963.3(c)(3):
(1) First, credits must be retired by order of model year expiration, starting
with the earliest expiring credit.
(2) Second, credits must be retired in the following order by credit type and
weight class group:
(A) First, Class 7-8 tractor group NZEV credits to meet Class 7-8
tractor group deficits up to the cap specified in 1963.3(d);
(B) Second, Class 2b-3 group and Class 4-8 group NZEV credits to
meet Class 2b-3 group and Class 4-8 group deficits up to the cap
specified in 1963.3(d);
(C) Third, Class 7-8 tractor group NZEV credits to meet Class 2b-3
group and Class 4-8 group deficits;
(D) Fourth, Class 7-8 tractor group ZEV credits to meet Class 7-8
tractor group deficits;
(E) Fifth, Class 2b-3 group and Class 4-8 group ZEV credits to meet
Class 2b-3 and Class 4-8 group deficits; and
(F) Sixth, Class 7-8 tractor group ZEV credits to meet Class 2b-3 group
and Class 4-8 group deficits.
(3) Low Tractor Volume Flexibility. A manufacturer who generates 25 or
fewer Class 7-8 tractor deficits in a model year and has tractor deficits
remaining after retiring credits per the credit retirement order in sections
1963.3(c)(1) and 1963.3(c)(2) can use a maximum of 25 Class 2b-3 or
Class 4-8 group ZEV credits, starting with the earliest expiring credits, to
satisfy their Class 7-8 tractor group deficits.
(d) NZEV Credit Limit. A manufacturer may use NZEV credits to satisfy, at
maximum, 50 percent of the annual summed deficits for the Class 2b-3
group and the Class 4-8 group, and may use Class 7-8 tractor NZEV
credits to satisfy, at maximum, 50 percent of the annual summed deficits
for the Class 7-8 tractor group.
(e) Tractor Deficits Must Be Met With Tractor Credits. Annual deficits accrued in the
Class 7-8 tractor group can only be met with Class 7-8 tractor credits, except as
described in section 1963.3(c)(3).
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NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5 Health and Safety Code.
Section 1963.4. Advanced Clean Trucks Reporting and Recordkeeping
(a) Sales Reporting. Beginning with the 2021 model year, and no later than 90 days
following the end of each model year, a manufacturer must report the following
information to CARB for each on-road vehicle produced and delivered for sale in
California for each model year, except as provided in section 1963.4(e):
(1) Vehicle Identification Number (VIN) for each vehicle;
(2) Vehicle weight class;
(3) Whether the vehicle type is a tractor, yard tractor, or is another vehicle
type;
(4) Fuel and drivetrain type;
(5) The volume produced and delivered for sale in California for the vehicle
type; and
(6) If the vehicle is a NZEV, the tested all-electric range of the vehicle.
(b) Credit Transfer Reporting. A manufacturer that transfers to or receives ZEV or
NZEV added credits from another manufacturer must submit to the Executive
Officer an annual report of all credit trades, transfers, and transactions. CARB
will not recognize any credit transfers until the report is received.
(1) Transfer Reporting Deadline. Reports must be submitted no later than 90
days following the end of each model year to demonstrate compliance.
(2) Required Credit Transfer Information. Manufacturers that transfer or
receive ZEV or NZEV credits must submit a letter or document signed by
authorized agents of both parties to the transaction summarizing the
transfer, which must include the following:
(A) Corporate name of credit transferor;
(B) Corporate name of credit transferee;
(C) Number of ZEV credits transferred for each model year, rounded to
the nearest tenth per 1963.2(c);
(D) Number of NZEV credits transferred for each model year, rounded
to the nearest tenth per 1963.2(c); and
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(E) Indicate whether the ZEV or NZEV credits are Class 7-8 Tractor
credits, or other credits.
(c) Class 2b-3 Credit Declaration. A manufacturer that generates ZEV or NZEV
credits from the Class 2b-3 group must submit no later than 90 days following the
end of each model year a declaration to the Executive Officer which includes:
(1) The number of on-road vehicles produced and delivered for sale in
California to generate credits per section 1963.2; and
(2) The number of on-road vehicles produced and delivered for sale in
California to generate credits per 13 CCR section 1962.2.
(d) Retention of Records. Records of reported information required in section
1963.4 and documentation showing vehicle delivery to the ultimate purchaser at
a location in California must be kept by manufacturers for CARB to audit for a
period of eight (8) years from the end of the model year the vehicles were
produced.
(e) Grouped Sales Reporting. Manufacturers may optionally submit information
required in section 1963.4(a) grouped by categories for vehicles that are not
ZEVs or NZEVs without providing individual VINs. If exercising this option,
manufacturers must still retain records available for CARB to audit including the
individual VINs per section 1963.4(d).
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5 Health and Safety Code.
Section 1963.5. Advanced Clean Trucks Enforcement
(a) Enforcement of Requirements. A manufacturer is subject to the following:
(1) Audit of Records. A manufacturer must make records of vehicle sales into
California available to the Executive Officer within 30 days of a request for
audit to verify the accuracy of the reported information. Submitting false
information is a violation of this regulation and violators will be subject to
penalty.
(2) Authority to Suspend, Revoke, or Modify. If the Executive Officer finds
that any ZEV or NZEV credit was obtained based on false information, the
credit will be deemed invalid.
(3) Public Disclosure. Records in the Board’s possession for the
manufacturers subject to this regulation shall be subject to disclosure as
public records as follows:
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(A) Each manufacturer’s annual vehicle sales data based on the
volume of on-road vehicles produced and delivered for sale in
California and the corresponding credits per vehicle earned for the
2021 and subsequent model years;
(B) Each manufacturer’s annual credit balances for 2021 and
subsequent years for ZEVs and NZEVs; and
(C) Credits earned under section 1963.2, including credits acquired
from, or transferred to another party, and the parties themselves.
(4) Penalty for Failure to Meet Credit and Deficit Requirements. Any
manufacturer that fails to retire an appropriate amount of ZEV or NZEV
credits as specified in section 1963.3(c) and does not make up deficits
within the specified time allowed by section 1963.3(b) shall be subject to
Health and Safety Code section 43212 civil penalty applicable to a
manufacturer who does not comply with emission standards or the test
procedures adopted by the state board. The cause of action shall be
deemed to accrue when the deficit is not balanced by the end of the
specified time allowed by section 1963.3(b). For the purposes of Health
and Safety Code section 43212, the number of vehicles not meeting the
state board's standards or procedures shall be equal to one half of the
manufacturer’s outstanding deficit.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102, 43104
Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580,
39000, 39003, 39650, 39655, 43000, 43000.5, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43106, 43205, 43205.5, 43212 Health and Safety Code.
Section 2012. Advanced Clean Trucks, Large Entity Reporting Requirement
(a) Purpose. The purpose of sections 2012, 2012.1, and 2012.2 is to collect
information to assess suitability of zero-emission vehicles in multiple use cases
and to inform future strategies on how to accelerate the zero-emission vehicle
market in California. These sections support future measures to reduce
emissions of oxides of nitrogen (NOx), fine particulate matter (PM), other criteria
pollutants, toxic air contaminants, and greenhouse gases (GHG) from vehicles.
(b) Scope and Applicability. Except as provided in section 2012(c), this regulation
applies to each of the following entities:
(1) Any entity with gross annual revenues greater than $50 million in the
United States for the 2019 tax year, including revenues from all
subsidiaries, subdivisions, or branches, who operated a facility in
California in 2019 and had one or more vehicles over 8,500 lbs. GVWR
under common ownership or control that were operated in California in
2019;
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(2) Any fleet owner in the 2019 calendar year that had 50 or more vehicles
with a GVWR greater than 8,500 lbs. under common ownership or control
and operated a facility in California;
(3) Any broker or entity that dispatched 50 or more vehicles with a GVWR
greater than 8,500 lbs. into or throughout California, and operated a facility
in California, in the 2019 calendar year;
(4) Any California government agency including all state and local
municipalities that had one or more vehicles over 8,500 lbs. GVWR that
were operated in California in 2019; and
(5) Any federal government agency that had one or more vehicles over 8,500
lbs. GVWR that were operated in California in 2019.
(c) Exemptions. The following entities, facilities, or vehicles are exempt from the
requirements of sections 2012 through 2012.2:
(1) K-12 schools and school districts and other entities whose fleet is
comprised primarily of school buses as defined in the California Vehicle
Code section 545, which for the purposes of this regulation, means the
registered owner, lessee, licensee, school district superintendent, or
bailee of any school bus, who operates or directs the operation of any
such bus on either a for-hire or not-for-hire basis;
(2) Transit vehicles that are subject to the Innovative Clean Transit regulation,
13 CCR section 2023, and their vehicles used exclusively to support
transit service;
(3) Light-duty vehicles dispatched but not owned by transportation network
companies;
(4) Military tactical vehicles as described in 13 CCR section 1905 and military
tactical facilities owned or operated by the United States Department of
Defense and/or the United States military services;
(5) Vehicles awaiting sale as defined in section 2012(d)(23); or
(6) Emergency vehicles as defined in the California Vehicle Code section 165.
(d) Definitions. The following definitions shall apply for sections 2012 through
2012.2:
(1) “Backup vehicle” means a self-propelled motor vehicle designed for on-
highway use that is used intermittently to maintain service during periods
of routine or unplanned maintenance, unexpected vehicle breakdowns, or
accidents but is not used in everyday or seasonal operations.
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(2) “Broker” means an entity or person who has broker authority from the
Federal Motor Carrier Safety Administration and, for compensation,
arranges or offers to arrange the transportation of property by an
authorized motor carrier. A motor carrier, or person who is an employee
or bona fide agent of a carrier, is not a broker when it arranges or offers to
arrange the transportation of shipments which it is authorized to transport
and which it has accepted and legally bound itself to transport.
(3) “Common ownership or control” means being owned or managed day to
day by the same person or entity. Vehicles managed by the same
directors, officers, or managers, or by corporations controlled by the same
majority stockholders are considered to be under common ownership or
control even if their title is held by different business entities. Common
ownership or control of a federal government vehicle shall be the primary
responsibility of the unit that is directly responsible for its day to day
operational control.
(4) “Corporate parent” means a business that possesses the majority of
shares in another business, which gives them control of their operational
procedures.
(5) "Dispatched" means provided direction or instruction for routing a
vehicle(s), whether owned or under contract, to specified destinations for
specific purposes, including but not limited to delivering cargo,
passengers, property or goods, providing a service, or assisting in an
emergency.
(6) "Executive Officer" means the Executive Officer of the California Air
Resources Board (CARB) or his or her authorized representative.
(7) “Facility” means any property with one or more unique physical addresses.
(8) “Facility category” means a classification of different facility types based
on a facility’s primary purpose. Facility categories are defined as the
following:
(A) “Administrative/office building” means a building or structure used
primarily for day-to-day activities that are related to administrative
tasks such as financial planning, record keeping & billing,
personnel, physical distribution and logistics, within a business.
(B) “Distribution center/warehouse” means a location used primarily for
the storage of goods which are intended for subsequent shipment.
(C) “Hotel/motel/resort” means a commercial establishment offering
lodging to travelers and sometimes to permanent residents.
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(D) “Manufacturer/factory/plant” means a location with equipment for
assembling parts, producing finished products, intermediate parts,
or energy products.
(E) “Medical/hospital/care” means an institution engaged in providing
inpatient diagnostic and therapeutic services or rehabilitation
services by or under the supervision of physicians.
(F) “Multi-building campus/base” means a property typically operated
by a single entity with several buildings, often serving multiple
purposes.
(G) “Restaurant” means a business establishment where the primary
purpose is serving meals or refreshments.
(H) “Service center” means a facility that supports a business operation
that generates revenue by providing a specific service or product,
or a group of services or products to a customer.
(I) “Store” means an establishment that sells goods or a variety of
goods and services to the general public.
(J) “Truck/equipment yard” means an establishment that primarily
stores or dispatches trucks and equipment such as a garage or
parking lot.
(K) “Any other facility type” means any facility that is not included in
2012(d)(8)(A-J).
(9) “Fleet” means one or more self-propelled on-road vehicles under common
ownership or control of a person, business, or agency as defined in
California Vehicle Code section 460. This includes vehicles that are
rented or leased from a business that regularly engages in the trade or
business of leasing or renting motor vehicles without drivers where the
vehicle rental or leasing agreement for the use of a vehicle is for a period
of one or more years.
(10) “Fleet owner” means, except as modified below in paragraphs (A) and (B),
either the person registered as the owner or lessee of a vehicle by the
California Department of Motor Vehicles (DMV), or its equivalent in
another state, province, or country; as evidenced on the vehicle
registration document carried in the vehicle.
(A) For vehicles that are owned by the federal government and not
registered in any state or local jurisdiction, the owner shall be the
department, agency, branch, or other entity of the United States,
including the United States Postal Service, to which the vehicles in
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the fleet are assigned or which have responsibility for maintenance
of the vehicles.
(B) For a vehicle that is rented or leased from a business that is
regularly engaged in the trade or business of leasing or renting
motor vehicles without drivers, the owner shall be the rental or
leasing entity if the rental or lease agreement for the use of a
vehicle is for a period of less than one year, otherwise the owner
shall be the renter or lessee.
(11) “Government agency” means any federal, state, or local governmental
agency, including, water districts, or any other public entity with taxing
authority.
(12) “Gross annual revenue” means the total revenue, receipts, and sales
reported to the Internal Revenue Service for a consecutive 12 month
period.
(13) “Gross vehicle weight rating” or GVWR has the same meaning as defined
in California Vehicle Code, section 350.
(14) “Motor carrier” is the same as defined in California Vehicle Code section
408.
(15) “Municipality” means a city, county, city and county, special district, or a
public agency of the State of California, and any department, division,
public corporation, or public agency of this State.
(16) “Responsible official” means one of the following:
(A) For a corporation: A president, secretary, treasurer, or vice
president of the corporation in charge of a principal business
function, or their delegate, designee, or any other person who
performs similar policy or decision-making functions for the
corporation;
(B) For a partnership or sole proprietorship: A general partner or the
proprietor, or the delegate or designee of the aforementioned, or
any other person who performs similar policy or decision-making
functions for the business; or
(C) For a municipality, state, federal, or other governmental agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of the U.S. EPA). For the purposes
of the Department of Defense Military Services, a principal
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executive officer includes a commanding officer of an installation,
base, or tenant organization.
(17) “Subsidiary” means a company controlled by another company.
(18) “Subhauler” means a for-hire motor carrier who enters into an agreement
to provide transportation services on the behalf of another motor carrier or
broker.
(19) “Transportation network company” means any entity or person that
provides prearranged transportation services for compensation using an
online-enabled application or platform (such as smart phone apps) to
connect drivers using their personal vehicles with passengers.
(20) “Vehicle” means self-propelled equipment intended for use on highways,
and does not include motorcycles.
(21) “Vehicle body type” means commonly used vehicle body descriptions to
be used in responding to questions about the fleet of vehicles including
the following: beverage truck, boom/bucket, box reefer, box dry van, bus-
shuttle, bus-other, car/SUV, car carrier, concrete mixer, concrete pump,
crane, drill rig, dump, flatbed or stake bed, garbage front loader, garbage
side loader, garbage packer, garbage roll-off, other, pickup bed, service
body, sweeper, tank, tractor day cab, tractor sleeper cab, tow, vacuum,
water, van-cargo, van-step, van-passenger, on-road or off-road yard
tractor.
(22) “Vehicle home base” means the location where a vehicle is domiciled
meaning a business location where a vehicle is typically kept when not in
use. Vehicles that are kept at a personal residence or kept at a location
that is not operated by the entity shall use the location where the vehicle is
dispatched from or where the vehicle is repaired or maintained.
(23) “Vehicles awaiting sale” means vehicles in the possession of dealers,
financing companies, or other entities that do not intend to operate the
vehicle in California or offer the vehicle for hire for operation in California,
and that are operated only to demonstrate functionality to potential buyers
or to move short distances while awaiting sale for purposes such as
maintenance or storage.
(24) “Weight class bin” means a list of vehicles categorized by GVWR. The
weight class bins are one of the following:
(A) “Light-duty” means a self-propelled motor vehicle designed for on-
highway use with a GVWR of 8,500 lbs. or less. Also referred to as
Class 1-2a. This includes passenger cars, sport utility vehicles,
minivans, and light pickup trucks.
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(B) “Class 2b-3” means a self-propelled motor vehicle designed for on-
highway use with a GVWR from 8,501 lb. to 14,000 lb. The types
of vehicle in this category generally includes full-size pickup trucks,
smaller utility trucks, cargo vans, and passenger vans.
(C) “Class 4-6” means a self-propelled motor vehicle designed for on-
highway use with a GVWR from 14,001 lb. to 26,000 lb.
(D) “Class 7-8” means a self-propelled motor vehicle designed for on-
highway use with a GVWR greater than 26,000 lbs.
(e) General Requirements.
(1) Reporting. All regulated entities must submit information specified in
sections 2012.1 and 2012.2 to the Executive Officer. Subsidiaries, parent
companies, or joint ventures may independently report, or the corporate
parent or joint venture business may report on their behalf, as long as all
information for subsidiaries, corporate parents, and joint ventures with
vehicles over 8,500 lbs. are reported. These entities with brokerage
and/or motor carrier authority must be reported even if no vehicles are
owned by that subsidiary, corporate parents, or joint venture. Vehicles
that are under common ownership or control may be submitted separately
by each fleet owner. Complete information must be reported by April 1,
2021. Vehicle data must be reported as the fleet was comprised on a date
of the fleet owner's choosing any time after January 1, 2019. To the
extent reports submitted contain confidential data, entities may choose to
designate that information as confidential per 17 CCR sections 91000 to
91022.
(2) Method of Reporting. Reports submitted to comply with sections 2012.1
and 2012.2 must be submitted online through CARB’s Advanced Clean
Trucks webpage.
(3) Record Retention. The fleet owner or responsible official shall maintain
the records of their information required by sections 2012.1 and 2012.2
until December 31, 2024, for the overall fleet. In addition, the fleet owner
or responsible person must maintain all fleet, vehicle, contract, and facility
records used to compile responses to sections 2012.1 and the data and
analysis period used for 2012.2. Records must include the following:
(A) For owned on-road vehicles and off-road yard tractors, mileage
records and dates from records such as maintenance logs, vehicle
logs, odometer readings, or other records with the information that
the reporting entity used to determine their response;
(B) For on-road vehicles and off-road yard tractors not owned but
dispatched by the entity, dispatch records and dates, contracts, or
18
other records with the information that the reporting entity used to
determine their responses;
(C) Vehicle registration for each owned vehicle in the California fleet;
and
(D) Contracts with entities, or contracts with subhaulers, or other
records with the information that an entity used to determine their
responses.
(4) Request to Clarify Reported Data. A fleet must respond to requests for
clarification of reported information within 14 days of receiving the request
from the Executive Officer.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
43013, 43018, 43101 Health and Safety Code. Reference: Sections 38501, 38505,
38510, 38560, 39000, 39003, 43000, 43000.5, 43013, 43018, 43101 Health and Safety
Code.
Section 2012.1. General Entity Information Reporting.
All entities subject to the regulation must report the following general information about
their entity and business practices:
(a) General information.
(1) Entity name and fictitious business name if applicable;
(2) Mailing address including street name or P.O. box, city, state, and ZIP
code;
(3) Designated contact person name;
(4) Designated contact person’s email address;
(5) Designated contact person’s phone number;
(6) Corporate parent name or governing body (if applicable);
(7) Federal Taxpayer Identification Number of Corporate Parent or other
entities with which your entity has vehicles under common ownership or
control (if applicable);
(8) For government entities, identify the jurisdiction (federal, state, or local);
(9) If the regulated entity has reported vehicles or company information in
CARB's Truck Regulation Upload, Compliance, and Reporting System
(TRUCRS), report all active account identification numbers, otherwise
known as "TRUCRS ID";
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(10) Federal Taxpayer Identification Number (if applicable);
(11) Primary six digit North American Industry Classification System (NAICS)
code (if applicable);
(12) For non-governmental entities, identify the total annual revenue for the
entity in the United States for 2020. Respond by using the following bins
in millions of dollars (<$10, $10-$49, $50-$99, $100-$499, $500-$999,
>$1,000);
(13) Identify if your entity has broker authority under the Federal Motor Carrier
Safety Administration;
(14) The following operating authority numbers, if applicable: Motor carrier
identification number, United States Department of Transportation
number, California Carrier Identification number, California Public Utilities
Commission transportation charter permit number, International
Registration Plan number;
(15) Identify the number of entities with whom you had a contract to deliver
items or to perform work in California using vehicles over 8,500 lbs.
GVWR in 2019 or 2020 to serve your customers while representing your
entity's brand. Respond using the following bins (0, 1-10, 11-20, 20-50, or
more than 50);
(16) If your entity has motor carrier or broker authority and contracts with
subhaulers to serve your customers, identify the following for the year
2019 or 2020; if you do not have motor carrier or broker authority, mark
"Does not apply":
(A) The number of subhaulers you contracted with in California to
transport goods or other property. Respond using the following
bins (Does not apply, 0, 1-10, 11-20, 20-50, or more than 50);
(B) Estimated number of vehicles operated by your subhaulers on your
behalf in California. Respond using the following bins (Does not
apply, 0, 1-10, 11-20, 20-99, 100-500, >500); and
(C) Estimated number of vehicles operated by subhaulers that
operated under your motor carrier authority in California. Respond
using the following bins (Does not apply, 0, 1-10, 11-20, 20-99,
100-500, >500).
(17) Identify whether your entity has a written sustainability plan to reduce your
carbon footprint. Respond with (Yes, No, Does not apply);
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(18) Identify whether your entity's written sustainability plan includes
transportation emissions reduction goals. Respond with (Yes, No, Does
not apply);
(19) Identify the number of vehicles with a GVWR over 8,500 lb. your entity
owned and operated in California in either 2019 or 2020 that do not have a
vehicle home base in California.
(20) Identify whether the data used to respond to the questions in section
2012.1 were from 2019, 2020, or a combination thereof.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
43013, 43018, 43101 Health and Safety Code. Reference: Sections 38501, 38505,
38510, 38560, 39000, 39003, 43000, 43000.5, 43013, 43018, 43101 Health and Safety
Code.
Section 2012.2. Vehicle Usage by Facility Reporting.
Regulated entities that own or operate any vehicles under common ownership or
control, or that broker to use vehicles with a GVWR greater than 8,500 lbs. must report
general information about the vehicle home base where all on-road vehicles and off-
road yard tractors are domiciled or assigned as specified in section 2012.2(a), and
information about vehicle operating characteristics for vehicles domiciled or assigned to
each vehicle home base in California as specified in section 2012.2(b). Vehicles that
accrue a majority of their annual miles in California, but are not assigned to a particular
location in California, must be reported as part of the headquarters or another location
where the vehicles’ operation is managed.
(a) All regulated entities must report the following information for each vehicle home
base:
(1) Facility address including street name, city, state, and ZIP code;
(2) Facility type category as listed in section 2012(d)(8);
(3) Contact person name;
(4) Contact person email address;
(5) Identify whether the facility is owned or leased by the entity;
(6) Identify what type of fueling infrastructure is installed at the facility, by
selecting all of the fuel types dispensed at the facility as listed below in
section 2012.2(a)(6)(A) to 2012.2(a)(6)(G):
(A) Diesel;
(B) Gasoline;
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(C) Natural gas;
(D) Electricity for on-road vehicle charging (Level 2 or higher power);
(E) Hydrogen;
(F) Other fuel; or
(G) Not applicable.
(7) Identify what fueling infrastructure was initially installed on or after January
1, 2010 for the fueling options listed in section 2012.2(a)(6)(A) to
2012.2(a)(6)(G);
(8) Identify what types of trailers you pull if you have tractors assigned or
domiciled at this facility:
(A) Van-dry;
(B) Van-reefer;
(C) Tanker;
(D) Flatbed;
(E) Shipping container;
(F) Low bed;
(G) Curtain side; or
(H) Other.
(b) For each vehicle home base with a vehicle above 8,500 lbs. GVWR, report
information specified in section 2012.2(b)(1) to 2012.2(b)(6) for all vehicles above
8,500 lb. GVWR including off-road yard tractors. Responses must be grouped by
vehicle body type as listed in section 2012(d)(21), weight class bin specified in
section 2012(d)(24), and fuel type listed in section 2012.2(a)(6)(A) to
2012.2(a)(6)(G). Alternatively, responses may be completed for each individual
vehicle and include the vehicle’s body type, weight class bin, and fuel type.
Separately report vehicles dispatched under your brokerage authority, if
applicable. Each vehicle should only be counted once for each response.
Additional guidance for analysis periods used to respond to questions in this
section is located in 2012.2(b)(7). Additional guidance on reusing vehicle
operational information between similar locations is located in 2012.2(b)(8).
Vehicles dispatched under your brokerage authority but not owned by your entity
are not subject to reporting information from sections 2012.2(b)(2)(A) through
2012.2(b)(2)(E) and additional guidance for brokers is located in 2012.2(b)(9).
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(1) How many vehicles in each vehicle group;
(2) The percent of the vehicles in each vehicle group that have the operations
listed in sections 2012.2(b)(2)(A) through 2012.2(b)(2)(Q), except section
2012.2(b)(2)(J), represented by 90 percent of a vehicle’s operating days
for the analysis period selected per 2012.2(b)(7). Respond by estimating
the percent of the total vehicles that apply to the category and rounding to
the nearest 10 percent. For yard tractors, sections 2012.2(b)(2)(A-E) and
(K) are optional. Do not include backup or non-operational vehicles in
calculating vehicle group mileage averages.
(A) Operate up to 100 average miles per day;
(B) Operate up to 150 average miles per day;
(C) Operate up to 200 average miles per day;
(D) Operate up to 300 average miles per day;
(E) Operate more than 300 average miles per day;
(F) Has a predictable usage pattern. For example, refuse trucks or
package delivery trucks typically have predictable usage patterns
because they tend to serve the same neighborhoods each week;
(G) Fuels on-site as the primary means of fueling;
(H) Typically returns to this vehicle home base daily. For example, if a
vehicle returns to a personal residence nearly all days of the year
and does not return to the vehicle home base often, the vehicle
would not be counted; however, a vehicle that returns to the vehicle
home base nightly for 9 out of 10 work days, or always stays at
home base, would be counted;
(I) Has onboard GPS or mileage tracking;
(J) Whether most of the vehicles in the group stay within approximately
50 miles of this facility on a typical day (indicate either Yes or No);
(K) Tows a trailer more than 100 miles a day;
(L) Commonly operates at its weight limit;
(M) Is not registered in California;
(N) Is regularly parked at the facility more than 8 hours each day;
(O) The highest approximate percent of the vehicle group that was
dispatched at the same time over the last 3 years on the behalf of a
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local, state or federal government to support an emergency
operation such as repairing or preventing damage to roads,
buildings, terrain, and infrastructure as a result of an earthquake,
flood, storm, fire, terrorism, or other infrequent acts of nature;
(P) Is equipped with all-wheel drive; and
(Q) Are not being operated or are used as backup vehicles.
(3) The average annual mileage for a typical vehicle in this vehicle group.
Respond by using one of the following that is closest to the average miles
(5,000 or less, 10,000, 20,000, 30,000, 40,000, 50,000, 60,000, 70,000,
80,000, 90,000, 100,000, or more than 100,000).
(4) For vehicle types represented in this group, identify how long you typically
keep vehicles after acquisition. Respond in number of years by using one
of the following bins: (Less than 4, 5-10, 11-15, 16-20, or more than 20).
(5) Identify whether your entity is the fleet owner for this group of vehicles, or
if they are dispatched under your brokerage authority.
(6) Identify the start and end date of the analysis period selected per section
2012.2(b)(7).
(7) Entities must either use annual or quarterly data averaged for work days
during the period selected to determine responses or alternatively may
select a different time period. A shorter analysis period may be used if the
respondent deems it more representative of periods of high vehicle
utilization when answering questions about typical daily operation. For
example, if an entity selects annual data to determine vehicle daily
mileage, average the annual mileage accrued by the number of workdays
that year. Otherwise, if an 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. If an alternative analysis period is used, the
respondent must be prepared to describe their reasoning at the request of
the Executive Officer per section 2012(e)(4).
(8) Responses for items in section 2012.2(b)(1) through 2012.2(b)(5) for a
vehicle group at one location may be repeated for the same vehicle group
at another vehicle home base if the respondent that is familiar with the
vehicle operation determines the operation at that location is substantially
similar to another location.
(9) A broker is only expected to provide information about vehicle usage that
is dispatched under contract with a fleet owner. For example, if a broker
hires a truck to move a load, only the miles driven under that contract
should be considered for the responses and the broker is not expected to
24
have information about the miles driven outside the contract, but may
voluntarily report the information if known.
NOTE: Authority cited: Sections 38501, 38510, 38560, 38566, 39500, 39600, 39601,
43013, 43018, 43101 Health and Safety Code. Reference: Sections 38501, 38505,
38510, 38560, 39000, 39003, 43000, 43000.5, 43013, 43018, 43101 Health and Safety
Code.
