Cal. Code Regs. tit. 13 § 2014.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2014.2 - In-Use On-Road Heavy-Duty Drayage Trucks: Extensions

Drayage truck owners or controlling parties may request the following extensions if they comply with all applicable requirements. Any extensions granted to a drayage truck owner or controlling party are not transferrable to another owner or controlling party. The Executive Officer will respond to extension requests as specified in sections 2014.2(a) and 2014.2(b).

(a) Vehicle Delivery Delay Extension. Drayage truck owners or controlling parties may request an extension as specified in sections 2014.1(a)(4)(E) and 2014.1(a)(6)(E) until a zero-emission vehicle they have ordered is received if they have placed an order for a zero-emission vehicle prior to the drayage truck owner's or controlling party's next applicable compliance date as specified in section 2014.1(a)(1)(C), but the zero-emission vehicle cannot be delivered to the drayage truck owner or controlling party by the next applicable compliance date for reasons beyond the drayage truck owner's or controlling party's control. The drayage truck owner or controlling party must meet the following criteria:

(1) The drayage truck owner or controlling party must email the following information to TRUCRS@arb.ca.gov no later than February 1 of each calendar year, with extension filing occurring during the month of January during each calendar year:

(A) VIN of the legacy drayage truck for which the extension is being requested.

(B) A purchase agreement or a truck leasing agreement that meets the following criteria:

1. It is a written, signed and dated legally binding contract. The extension cannot be claimed if the purchase or lease agreement is modified by the drayage truck owner or controlling party within one year of the compliance deadline. Letters of intent or other agreements that are not binding, or that are contingent upon other decisions that remain unresolved within one year of the upcoming deadline, are not sufficient to qualify for the extension;

2. It identifies the specific zero-emission vehicle that the owner or controlling party committed to purchase, or that the owner or controlling party committed to lease a specific model of zero-emission vehicle, the date of the purchase or lease and either that the purchase is for immediate delivery to the drayage truck owner or controlling party in California or that the lease term was to begin as of a certain date; and

3. It shows the new zero-emission vehicle was ordered at least one year prior to the next upcoming removal of a legacy drayage truck that has reached the minimum useful life threshold of section 2014.1(a)(1)(C). If the order was placed before January 1, 2024, the purchase agreement must show the order was placed on or before October 1, 2023.

(2) If a vehicle manufacturer cancels a purchase agreement for a zero-emission vehicle used to qualify for this extension due to circumstances beyond the control of the drayage truck owner or the controlling party, the drayage truck owner or controlling party must secure and submit another purchase or lease agreement for zero-emission vehicles and submit a copy of both the manufacturer cancellation notice within 30 calendar days of the cancellation and must submit the new zero-emission vehicle purchase agreement within 180 calendar days to TRUCRS@arb.ca.gov to maintain the provision.

(3) If a drayage truck owner or controlling party cancels a purchase or lease agreement used to qualify for this extension, the claim for the extension will be treated as invalid and the agreement will be treated as if it were never executed.

(4) All reports submitted to CARB electronically are considered signed by the responsible official. Hard-copy documentation submitted must be signed by the responsible official.

(5) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2014.2(a).

(6) The Executive Officer will notify the drayage truck owner or controlling party by email whether any extension requests that are required to be submitted to TRUCRS@arb.ca.gov are approved within 45 calendar days from receipt of a complete submission.

(7) Drayage truck owners or controlling parties utilizing the Vehicle Delivery Delay extension will have 30 calendar days to report the delivery of the newly added zero-emission vehicle and to remove the legacy drayage truck from the CARB Online System.

(8) Drayage truck owners and controlling parties who utilize the Vehicle Delivery Delay extension must keep copies of the purchase agreement used to qualify for the extension, and documentation of order cancellations by the manufacturer outside the control of the drayage truck owner or controlling party submitted to CARB as specified in section 2014.2(a) to support their request and qualifications for the extension.

(9) Records of reported information must be kept by the drayage truck owner or controlling party and made available to CARB staff for audit for a period of five years from the date the information is used to demonstrate compliance. This information is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

(b) Infrastructure Delay Extensions. The drayage truck owner or controlling party may request the following extensions as specified in sections 2014.1(a)(4)(E) and 2014.1(a)(6)(E) if they experience delays due to circumstances beyond their control on a project to install zero-emission vehicle fueling infrastructure. Drayage truck owners or controlling parties may only request the following extensions for the legacy drayage trucks being replaced at the site experiencing the delay. These extensions also apply for locations where the drayage truck owner or controlling party has entered into a contract of one year or longer to charge or fuel their ZEVs at a single location prior to beginning the infrastructure project. The drayage truck owner or controlling party must request the following extensions at least 45 calendar days prior to the next applicable compliance date for CARB to consider the request.

(1) Infrastructure Construction Delays. The drayage truck owner or controlling party may request the Infrastructure Delay extension if they experience a construction delay due to circumstances beyond their control. The Executive Officer will grant an extension for up to two years, beginning on the applicable compliance date for the number of vehicles that qualify for the extension, per project, if they determine the drayage truck owner or controlling party meets the criteria specified below. The drayage truck owner or controlling party must submit the documents specified in subsections (A) through (D) below by email to TRUCRS@arb.ca.gov to apply:

(A) Documentation showing the executed contract for the zero-emission vehicle fueling infrastructure installation including a construction permit indicating the permit issuance date is at least one year prior to the next applicable compliance deadline.

(B) Documentation showing the delay is a result of any of the following circumstances that occurred after the drayage truck owner or controlling party obtained the construction permit identified in section 2014.2(b)(1)(A): change of a general contractor; delay in manufacture and shipment of zero-emission vehicle fueling infrastructure equipment; delays obtaining power from a utility; delays due to unexpected safety issues on the project; discovery of archeological, historical, or tribal cultural resources described in the California Environmental Quality Act, Public Resources Code division 13, section 21000 et. seq.; or natural disasters.

(C) A letter to CARB from the responsible official explaining the reason for the delay, why retail zero-emission vehicle fueling infrastructure cannot be used, the estimated completion date of the project and documentation supporting the reason for the delay from the licensed contractor performing the work, related utility, building department, or other organization involved in the project.

(D) Documentation showing the executed zero-emission vehicle purchase agreement.

(E) All reports submitted to CARB electronically are considered signed by the responsible official. Hard-copy documentation submitted must be signed by the responsible official.

(F) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2014.2(b)(1).

(G) The Executive Officer will notify the drayage truck owner or controlling party by email whether any extension requests that are required to be submitted to TRUCRS@arb.ca.gov are approved within 45 calendar days from receipt of a complete submission.

(H) Drayage truck owners or controlling parties who utilize the infrastructure delay extension in section 2014.2(b)(1) must keep copies of all documents, letters and contracts submitted to CARB as specified in section 2014.2(b)(1) to support their request and qualifications for the extension.

(I) Records of reported information must be kept by the drayage truck owner or controlling party and made available to CARB staff for audit for a period of five years from the date the information is used to demonstrate compliance. This information is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

(2) Infrastructure Site Electrification Delays. Until January 1, 2030, drayage truck owners or controlling parties may request the Infrastructure Site Electrification Delay extension if their electric utility provider determines it cannot provide the requested power to the site where zero-emission vehicles will be charged or refueled before the next compliance deadline. Drayage truck owners or controlling parties utilizing this extension must deploy as many zero-emission vehicles as can be supported by the power the utility can serve over time needed to meet their compliance requirement.

(A) The Executive Officer will grant an extension for the time period specified in section 2014.2(b)(2)(A)1. and number of vehicles specified in section 2014.2(b)(2)(A)2. if they determine the drayage truck owner or controlling party satisfies the criteria for this delay, based on the information submitted below and the exercise of their good engineering judgment. The drayage truck owner or controlling party must meet the criteria in subsections 1. and 2. and submit the documentation or information specified in subsection (B) below by email to TRUCRS@arb.ca.gov:

1. Drayage truck owners or controlling parties may request an initial extension for a period of up to three years from the applicable compliance date, based on the amount of time the utility determines it needs to supply the needed power to the site. Drayage truck owners or controlling parties can request an additional two-year extension if the utility still cannot supply the needed power by the end of any granted initial extension period. To renew the extension, a drayage truck owner or controlling party must submit updated supporting documentation at least 45 calendar days prior to the expiration of the initial extension period.

2. A drayage truck owner or controlling party may request an extension for the number of zero-emission vehicles for which the utility cannot supply sufficient power. The drayage truck owner or controlling party must deploy the maximum number of zero-emission vehicles needed to meet its compliance obligations and that can be supported by the utility, and must deploy any additional zero-emission vehicles that can be supported by utility upgrades to the site's electrical capacity each calendar year during the delay until the project is complete to maintain the extension.

(B) The drayage truck owner or controlling party must submit the documentation or information specified below by email to TRUCRS@arb.ca.gov:

1. A copy of the application submitted to the utility requesting site electrification that is consistent with the number of zero-emission vehicles the drayage truck owner or controlling party must deploy to meet their next upcoming compliance date;

2. The utility's response showing that the project will take longer than a year, and the executed utility contract. If a utility is unable or unwilling to execute a contract, a drayage truck owner or controlling party must submit the initial contract or application requesting site electrification to the utility, and a signed attestation from the utility stating they will proceed with the project;

3. Documentation indicating the reason for the delay, an estimate provided by the utility of the available electrical capacity in kilowatts the utility can supply to the site within one year of the extension request and for each year of the requested delay, and estimated project completion date;

4. Information about the zero-emission vehicle fueling infrastructure equipment that can be installed consistent with the utility's capacity estimate and the associated number, configuration and weight class of the zero-emission vehicles that can be supported by such equipment within one year of the extension request, and for each year of the requested extension. The information must include:

a. The number, type and rated capacity for chargers in kilowatts; or

b. For hydrogen stations, dispensing capacity in kilograms per day and the electrical demand in kilowatts.

5. Drayage truck owners or controlling parties with multiple sites where vehicles are domiciled must submit a copy of each site's infrastructure capacity evaluation from the utility or a third-party licensed professional electrical engineer with the information required to be submitted in sections 2014.2(b)(2)(B)3. and 2014.2(b)(2)(B)4.

(C) All reports submitted to CARB electronically are considered signed by the responsible official. Hard-copy documentation submitted must be signed by the responsible official.

(D) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2014.2(b)(2).

(E) The Executive Officer will notify the drayage truck owner or controlling party by email whether any extension requests that are required to be submitted to TRUCRS@arb.ca.gov are approved within 45 calendar days from receipt of a complete submission.

(F) Records of reported information must be kept by the drayage truck owner or controlling party and made available to CARB staff for audit for a period of five years from the date the information is used to demonstrate compliance. This information is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

(G) Drayage truck owners or controlling parties who utilize the infrastructure delay extension in section 2014.2(b)(2) must keep copies of all documents, letters and contracts submitted to CARB as specified in section 2014.2(b)(2) to support their request and qualifications for the extension.

Cal. Code Regs. Tit. 13, § 2014.2

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.

1. New section filed 9-29-2023; operative 10/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 39).