Cal. Code Regs. tit. 13 § 2015

Current through Register 2024 Notice Reg. No. 20, May 17, 2024
Section 2015 - High Priority and Federal Fleets Applicability, Definitions, and General Requirements
(a) Scope and Applicability.
(1) Fleet Applicability. Except as provided in the exemptions specified in section 2015(c), this article applies to any entity that owns, operates, or directs the operation of one or more vehicles specified in section 2015(a)(2) in California on or after January 1, 2024, and that also meets any of the following criteria. Fleet owners are subject to this article for a minimum period of time as specified in section 2015(l).
(A) Is an entity that has $50 million or more in total gross annual revenues, including revenues from all subsidiaries, subdivisions, and branches, reported to the United States Internal Revenue Service, or its equivalent in another country in the calendar year immediately preceding the current calendar year;
(B) Is a fleet owner that owns, operates, or directs the operation of 50 or more vehicles in the total fleet, excluding light-duty package delivery vehicles;
(C) Is a fleet owner or a controlling party whose fleet in combination with other fleets operated under common ownership and control totals 50 or more vehicles in the total fleet, excluding light-duty package delivery vehicles; or
(D) Is any federal government agency, or is a State or local government agency as defined in title 13, California Code of Regulations (CCR), section title 13, California Code of Regulations (CCR), section 2013(b) that has elected to comply with the ZEV Milestones Option specified in section 2015.2 pursuant to title 13, CCR, section 2013(e).
(2) Vehicle Scope. Except as provided in the exemptions specified in section 2015(c), vehicles subject to this article are vehicles that: have a gross vehicle weight rating (GVWR) greater than 8,500 lbs., are light-duty package delivery vehicles, or are yard tractors, and that are operated in California.
(3) Hiring Entities. The requirements specified in section 2015(g) apply to any motor carrier, broker, governmental agency, person, or entity that hires and operates or hires and directs the operation of vehicles in California that are subject to this article.
(b) Definitions. The following definitions apply to this article:

"Authorized dealer" means an independent sales, service, or repair facility that is recognized by a motor vehicle manufacturer as a sales representative or is both authorized by a motor vehicle manufacturer to perform repairs on vehicles and is in fact capable of performing repairs needed to maintain vehicles to factory specifications, including performing warranty repair work.

"Backup vehicle" means a vehicle that is operated infrequently as specified in section 2015.3(a) but excludes yard tractors.

"Battery-electric vehicle" or "BEV" has the same definition as "Electric Vehicle" in title 40, Code of Federal Regulations (CFR), section 1037.801, last amended by the United States Environmental Protection Agency (U.S. EPA) on June 17, 2013, which is incorporated by reference herein.

"Box truck" means a single-unit vehicle with a fully or partially enclosed space with a roof and at least three sides designed for transporting cargo or payload, excluding the driver and passengers. Examples include vehicles commonly referred to as step vans, refrigerated vans, dry vans, chipper trucks, and box reefer trucks.

"Broker" means any person who, as a principal or agent, sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation. A motor carrier, or person who is an employee or bona fide agent of a motor 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.

"Bus" means any vehicle designed, used, or maintained for carrying more than ten persons, including the driver, and configured with seats for the primary purpose of transporting persons including the driver.

"California fleet" means the subset of vehicles, including those under common ownership or control, in the total fleet operated in California by a fleet owner or controlling party during a calendar year. Rental vehicles are counted as specified in section 2015.2(d).

"CARB" means the California Air Resources Board.

"Common ownership or control" means being owned or managed on a day-to-day basis by the same persons or entities. Vehicles managed by the same directors, officers, or managers, or by distinct corporations that are controlled by the same majority stockholders are under common ownership or control, even if their titles are held by different business entities or they have different taxpayer identification numbers. A vehicle is under an entity's control if the vehicle is operated using that entity's state or federal operating authority or other registration. Vehicles owned by different entities but operated using common or shared resources to manage the day-to-day operations using the same motor carrier number, displaying the same name or logo, or owned by contractors whose services are under the day-to-day control of the hiring entity are under common ownership or control. Common ownership or control of a federal government vehicle shall be the primary responsibility of the governmental agency that is directly responsible for the day-to-day operational control of the vehicle. Common ownership or control includes relationships where the controlling party has the right to direct or control the vehicle as to the details of when, where, and how work is to be performed or where expenses for operating the vehicle, such as fuel or insurance, are shared. Common ownership or control does not include agreements for individual loads that are competitively bid and issued to the lowest qualifying bid.

"Configuration" means the primary intended function for which a complete vehicle is designed, or as determined by the body permanently attached to the chassis of an incomplete vehicle. Examples of configurations include bucket trucks, box trucks, concrete pump trucks, dump trucks, digger derricks, drill rigs, stake bed trucks, flatbed trucks, and tow trucks. The configuration does not include any auxiliary equipment or secondary uses of equipment added to or carried on the vehicle body. Examples of truck-mounted equipment include welding equipment, lift gates, portable tanks, generators, storage cabinets, and winches.

"Controlling party" means a motor carrier, broker, or entity who directs or otherwise manages the day-to-day operation of one or more vehicles under its common ownership or control to serve its customers or clients.

"Corporate parent" means a business that possesses the majority of shares in another business.

"Day cab tractor" means an on-road tractor without a berth designed for resting or sleeping at the back of the cab and that is not a yard tractor.

"Declared emergency event" means the time period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during any of the conditions or degrees of emergency described in California Government Code section 8558.

"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 remove snow from public roads, private roads, or other paths to allow on-road vehicle access.

"Dispatch" means to provide direction or instruction for routing a vehicle, whether owned or under contract, to specified destinations for specific purposes, including delivering or receiving cargo, passengers, property, or goods, or providing a service.

"Emergency operation" means operation of an emergency support vehicle to help alleviate an immediate threat to public health or safety in response to a declared emergency event. Emergency operation includes emergency support vehicle travel to and from a declared emergency event when dispatched by a local, state, federal, or other responsible emergency management agency. Routine operation to prevent public health risks does not constitute emergency operation.

"Emergency support vehicle" means a vehicle other than an authorized emergency vehicle as defined in California Vehicle Code (CVC) section 165 that has been dispatched by a local, state, federal, or other responsible emergency management agency that is used to provide transport services or supplies in connection with an emergency operation.

"Energy storage system" means a system that is designed to store energy on a ZEV or NZEV, such as the battery pack or hydrogen storage tank.

"Executive Officer" means the Executive Officer of the California Air Resources Board or their delegated representative.

"Federal fleet" means vehicles owned by a department, agency, or instrumentality of the federal government of the United States of America and its departments, divisions, public corporations, or public agencies that operate in California. With respect to the Department of Defense and its service branches, federal fleets may be managed regionally, locally, or a combination of regional and local management. There may be multiple federal fleets within a branch of military service or an installation.

"Five-day pass" means a pass that allows a fleet owner to operate a non-compliant vehicle up to five consecutive days in California one time per calendar year per vehicle.

"Fleet" or "total fleet" means one or more vehicles owned by a fleet owner or that are operated under the common ownership or control of a controlling party. It also includes rental or leased vehicles that are considered owned by the "fleet owner" as defined in section 2015(b).

"Fleet owner" means the person or entity who owns the vehicles comprising the fleet. The owner shall be presumed to be either the person or entity registered with the California Department of Motor Vehicles (DMV) as the owner or lessee of a vehicle, or its equivalent in another state, province, or country; vehicle ownership is based on the vehicle registration document or the vehicle title, except as specified below:

(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 the fleet are assigned or which has responsibility for maintenance of the vehicles.
(B) For vehicles that are rented or leased from a business that is regularly engaged in the trade or business of renting or leasing motor vehicles without drivers, including truck leases that are part of a bundled service agreement, the owner shall be presumed to be the rental or leasing entity for purposes of compliance, unless the rental or lease agreement for the vehicle is for a period of one year or longer and the terms of the rental or lease agreement identifies the renting operator or lessee of the vehicle as the party responsible for compliance with state laws.
(C) A financing company or a person who only provides financing to a third party in the form of "finance leases," as defined in California Uniform Commercial Code Section 10103(a)(7), is not considered to own the vehicles that are financed. Similarly, a financing company or a person who only provides financing to a third party for converting a vehicle to a ZEV is not considered to be the owner of the vehicle.

"Government agency" means any federal, state, or local public agency, or any other public entity with taxing authority.

"Gross annual revenue" means the total revenue, receipts, and sales for a consecutive 12-month period as filed with the Internal Revenue Service, or its equivalent in another country.

"Gross vehicle weight rating" or "GVWR" means the same as CVC section 350, as indicated by the characters in the four through eight positions in a standard 17-character Vehicle Identification Number (VIN).

"Heavy front axle" means any front steering axle whose gross weight imposed upon the highway by the wheels is rated to exceed 12,500 lbs. The axle weight rating is typically found on the manufacturer's affixed certification label which contains the gross axle weight ratings and the gross vehicle weight rating.

"Historical vehicle" means a vehicle that meets the qualifications for a historical vehicle and has been issued a historical vehicle license plate pursuant to CVC section 5004 and is operated or moved over the highway primarily for the purpose of historical exhibition or other historic vehicle club activities.

"Hubodometer" means a non-resettable device mounted on the axle of a vehicle that measures distance traveled that has a serial number and a lock-out feature that permanently prevents tampering.

"Hydrogen fuel-cell electric vehicle" or "FCEV" means a vehicle with an electric motor where energy for the motor is supplied by an electrochemical cell that produces electricity via the non-combustion reaction of hydrogen.

"Intermittent snow removal vehicle" means a vehicle that is equipped with a snow plow or snow blower mounting attachment and a control system for the plow or blower.

"Internal combustion engine vehicle" or "ICE vehicle" means a vehicle with a powertrain that includes an internal combustion engine that is powered by gasoline, diesel, natural gas, propane, or other fuel where the sole source of power is from the combustion of the on-board fuel to provide motive power.

"Interstate rental fleet owner" means a fleet owner who regularly engages in the trade or business of renting vehicles without drivers with rental origins and destinations outside of California.

"Lessee" has the same meaning as defined in CVC section 371.

"Light-duty package delivery vehicle" means a motor vehicle with a GVWR equal to or less than 8,500 lbs. with equal to or greater than 100 cubic feet of cargo-carrying volume, as defined in title 49, CFR, section 523.2 as it existed on June 3, 2022, which is incorporated by reference herein, that is regularly used to deliver packages, parcels, or mail.

"Manufacturer" means any entity or person who manufactures or assembles new yard tractors or on-road motor vehicles, or imports such yard tractors or on-road motor vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of yard tractors or new motor vehicles, but shall not include any dealer with respect to yard tractors or new motor vehicles received in commerce. In general, the term "manufacturer" includes any entity or person who manufactures or assembles an on-road vehicle, a yard tractor, a cab and chassis, or other incomplete on-road vehicle for sale in California, or otherwise introduces a yard tractor or new on-road motor vehicle into commerce in California. "Manufacturer" also includes any intermediate- or final-stage manufacturer who completes vehicle assembly prior to first purchase of the vehicle other than for resale. "Manufacturer" does not include entities or persons who supply parts to the importer or vehicle manufacturer of record.

"Milestone Group 1" means the light-duty package delivery vehicles, box trucks, vans, buses with two axles, and yard tractors in the California fleet.

"Milestone Group 2" means the work trucks, day cab tractors, pickup trucks, and buses with three axles in the California fleet.

"Milestone Group 3" means the sleeper cab tractors and specialty vehicles within the California fleet.

"Minimum useful life" means the minimum time period a vehicle may remain in the California fleet. It is the later of the dates specified in subsection (A) or (B) below, as modified by subsection (C):

(A) Thirteen years commencing from the model year that the engine and emissions control system in a vehicle was first certified for use by CARB or United States Environmental Protection Agency (U.S. EPA); or
(B) The date that the vehicle exceeded 800,000 vehicle miles traveled or 18 years from the model year that the engine and emissions control system of that vehicle was first certified for use by CARB or U.S. EPA (whichever is earlier).
(C) If the vehicle no longer has its originally equipped engine, or the model year of the originally equipped engine is not able to be determined, the model year of the vehicle less one year must be used to determine when the thresholds described in subsections (A) and (B) above are met.

"Mobile ZEV fueling provider" means an entity that provides the service of, or is engaged in the sale, rental, or lease of equipment for the purpose of, delivering hydrogen fuel or electricity directly from a mobile vehicle or portable equipment into another vehicle's fuel tank or battery for other than the dispenser's own consumption.

"Model year" means the production period as assigned by the manufacturer when certifying an engine or vehicle for sale, pursuant to title 17, CCR, section 95662(a)(16).

"Motor carrier" means the same as defined in CVC section 408.

"Motor vehicle" means the same as defined in CVC section 415.

"Near-zero-emissions vehicle" or "NZEV" means a vehicle as defined in title 13, CCR, section 1963(c)(16) that is capable of operating like a ZEV using electricity stored on-board the vehicle for a minimum number of miles, or "all-electric range", as specified and tested in accordance with section 1037.150 p(2)(ii) of "California Greenhouse Gas Exhaust Emission Standards and Test Procedures for 2014 and Subsequent Model Heavy Duty Vehicles," as last amended September 9, 2021, which is incorporated by reference herein.

"New vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.

"Notice to proceed" means a written direction to a vehicle manufacturer or entity that converts vehicles to ZEVs to commence production or conversion of a vehicle as provided in a contract.

"Pickup truck" means a vehicle originally manufactured as a complete vehicle with an open box-type bed that meets the definition set forth in CVC section 471. A "pickup truck" with a removable bed cover or camper shell installed is considered a "pickup truck" for the purpose of this article.

"Rated energy capacity" means the amount of electrical energy, in watt hours (Wh), that can be extracted from a fully charged energy storage system, based on or derived from the results of testing or analysis procedures specified in section D., "California Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty Zero-Emission Powertrains," adopted June 27, 2019, which is incorporated by reference herein. The rated energy capacity includes the electrical energy of the battery pack that is not accessible due to a manufacturer-programmed decrease in energy capacity for battery pack protection.

"Removed from the California fleet" means a fleet owner or controlling party no longer operates a vehicle in California on or after the date the vehicle meets one of the following conditions:

(A) Is destroyed or scrapped;
(B) Is sold out of the fleet or transferred out-of-state; or
(C) For controlling parties, when common ownership or control of the vehicle ends.

"Rental vehicle" means a vehicle that is rented to an entity for a period of less than one year without a driver.

"Responsible official" means one of the following:

(A) For a corporation: A president, chief executive officer, chief financial officer, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or a 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, the delegate or designee of the aforementioned, or any other person who performs similar policy or decision-making functions for the business, or the chief executive officer, or the chief financial officer.
(C) For a federal government agency: Either a principal executive officer or ranking elected official. For the purposes of this article, 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 executive officer includes a commanding officer of an installation, base, or tenant organization.

"SAE J1667" means SAE Recommended Practice SAE J1667 "Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles," as issued February 1996, which is incorporated herein by reference.

"Sleeper cab tractor" means a tractor with a berth designed for resting or sleeping at the back of the cab.

"Smoke opacity test" means a test of a vehicle's emissions for smoke opacity level conducted using the procedures specified in "Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles."

"Specialty vehicle" means one of the following:

(A) A vehicle with a GVWR greater than 33,000 lbs. and with a heavy front axle; or
(B) A vehicle with a GVWR greater than 33,000 lbs. that is not designed to carry cargo and is configured to perform work that can only be done while the vehicle is stationary and the auxiliary mechanism to perform that work is an integral part of the vehicle design. Examples include vehicles commonly known as vacuum trucks, digger derricks, drilling rigs, and concrete pump trucks.

"Standard rounding convention" means if the calculated value is not equal to a whole number, the value shall round up to the nearest whole number when the fractional part is equal to or greater than 0.5, and round down to the nearest whole number if the fractional part is less than 0.5.

"Subsidiary" means an entity controlled by another entity.

"Tractor" means an on-road vehicle meeting one of the following:

(A) The definition of "tractor" in title 17, CCR, section 95662(a)(23).
(B) The definition of "vocational tractor" in title 17, CCR, section 95662(a)(27).

"Test fleet" means vehicles owned and operated by a manufacturer that are not used for commercial purposes and are operated only to demonstrate functionality to buyers, test durability, or gather data for engine or vehicle certification or research, and vehicles operating under a CARB-issued experimental permit as authorized by California Health and Safety Code section 43014.

"Two-engine vehicle" means a specially constructed on-road mobile vehicle that was designed by the original equipment manufacturer to be equipped with two engines: one engine provides the primary source of motive power of the vehicle while the other engine is an auxiliary engine with 50 brake horsepower or greater that is permanently attached and integrated into the original design of the vehicle to perform a specific function, which may include providing auxiliary power to attachments, performing special job functions, or providing additional motive power. If a vehicle was originally designed with the capability to have an auxiliary engine installed, but the auxiliary engine was installed by a person or entity other than the original equipment manufacturer, the vehicle still qualifies as a two-engine vehicle. Two-engine street sweepers are not included in this definition.

"Van" means a single unit vehicle configured with seats to transport passengers or with an enclosed space for the primary purpose of transporting cargo and equipment.

"Vehicle" means either a device as defined in CVC section 670, or a yard tractor that is not intended for use on highways.

"Vehicle awaiting sale" means a vehicle in the possession of a dealer, financing company, a private party, or other entity that does not intend to operate the vehicle in California or offer the vehicle for hire for operation in California, and it is operated only to demonstrate functionality to potential buyers, to move short distances to make repairs, or for maintenance or storage. It also includes new vehicles when driven to be delivered to the fleet owner.

"Vehicle Identification Number" or "VIN" means an alphanumeric code that has been permanently assigned by the manufacturer to a vehicle.

"Vehicle purchase" or "purchase" means an action wherein a fleet owner has placed an order to acquire the legal or equitable title to a vehicleor to convert a vehicle to a ZEV; or entered into a lease agreement with a contract term of one year or more. The action taken must be for immediate delivery or installation and the purchaser must have already paid for or entered into a binding agreement with an authorized dealer, entity who converts vehicles to ZEVs, third party, or manufacturer to pay for the vehicle or conversion. A vehicle purchase does not include renewing a lease agreement for a vehicle already in the California fleet. A vehicle purchase includes when the fleet owner has executed any one of the following:

(A) Identified, committed, and encumbered funds and executed a written notice to proceed to a manufacturer, authorized dealer, or entity who converts vehicles to ZEVs to begin production of the vehicle either:
1. Under a previously entered purchase contract, or
2. To execute a contract option;
(B) A written purchase agreement between a fleet owner and the manufacturer, authorized dealer, or entity who converts vehicles to ZEVs that specifies the date when the work to manufacture or convert the vehicle is to proceed;
(C) A written purchase agreement between a fleet owner and another party for the purchase and immediate delivery of a used vehicle; or
(D) A signed, written lease agreement between a fleet owner and the manufacturer or authorized dealer for a new vehicle to be placed in service in the California fleet for a contract term of one year or more.

"Waste fleet" means the vehicles owned and operated by a fleet owner that is contracted with a municipality that is mandated to support the hauling, transfer, and processing of diverted in-state organic waste to produce biomethane via franchise agreement or long-term contract, with either a minimum length of ten years or more, or with a minimum length of three years but includes a renewal provision when satisfying the contract terms.

"Wastewater fleet" means the vehicles owned and operated by a government agency or subdivision that owns and operates a wastewater treatment facility, and whose primary purpose is the collection, treatment, and recycling of wastewater and biosolids.

"Weight class" means the category of a vehicle's GVWR as specified below:

(A) "Light-duty" means a vehicle with a GVWR less than or equal to 8,500 lbs.
(B) "Class 2b" means a vehicle with a GVWR greater than 8,500 lbs. and less than or equal to 10,000 lbs.
(C) "Class 3" means a vehicle with a GVWR greater than 10,000 lbs. and less than or equal to 14,000 lbs.
(D) "Class 4" means a vehicle with a GVWR greater than 14,000 lbs. and less than or equal to 16,000 lbs.
(E) "Class 5" means a vehicle with a GVWR greater than 16,000 lbs. and less than or equal to 19,500 lbs.
(F) "Class 6" means a vehicle with a GVWR greater than 19,500 lbs. and less than or equal to 26,000 lbs.
(G) "Class 7" means a vehicle with a GVWR greater than 26,000 lbs. and less than or equal to 33,000 lbs.
(H) "Class 8" means a vehicle with a GVWR greater than 33,000 lbs.

"Work truck" means a vehicle that does not meet any of the definitions of box truck, van, bus, light-duty package delivery vehicle, pickup truck, day cab tractor, sleeper cab tractor, or specialty vehicle.

"Yard tractor" means a vehicle that 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.

"Zero-emissions powertrain" has the same definition as title 13, CCR, section 1956.8(j)(27).

"Zero-emissions vehicle" or "ZEV" means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.

"ZEV fueling infrastructure" means a fueling system that provides the appropriate fuel type to power a ZEV (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser).

(c) Exemptions. The following entities and vehicles are exempt from the requirements specified in sections 2015 through 2015.6:
(1) School buses as defined in CVC section 545(a);
(2) Military tactical vehicles as defined in title 13, CCR, section 1905;
(3) Vehicles awaiting sale;
(4) Emergency vehicles as defined in CVC section 165;
(5) Historical vehicles;
(6) Dedicated snow removal vehicles;
(7) Two-engine vehicles;
(8) Heavy cranes as defined in title 13, CCR, section 2021(b)(16);
(9) Transit vehicles subject to the Innovative Clean Transit regulations commencing with title 13, CCR, section 2023;
(10) Vehicles subject to the regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards commencing with title 13, CCR, section 2479;
(11) Government agencies and vehicles owned by such agencies that are subject to the regulations for State and Local Government Fleets commencing with title 13, CCR, section 2013, unless pursuant to title 13, CCR, section 2013(e), the state or local government fleet owner has elected to comply with the ZEV Milestones Option specified in section 2015.2; and
(12) Vehicles in a test fleet.
(d) General Requirements. Beginning January 1, 2024, fleet owners must comply with the Model Year Schedule specified in section 2015.1 unless the fleet owner voluntarily elects to comply with the alternative ZEV Milestones Option specified in section 2015.2. Until January 1, 2030, fleet owners may switch between the compliance options, and only if their California fleet is in compliance with both the requirements of the currently elected compliance option and the desired alternative compliance option from January 1, 2024, through the date the option is switched.
(e) NZEV Flexibility. 2035 and earlier model year NZEVs are counted the same as ZEVs for purposes of this article, except as specified in sections 2015.3(b) and 2015.3(e).
(f) Controlling Party Requirements. Controlling parties are subject to all of the same requirements as fleet owners specified in sections 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, and 2015.6. Controlling parties must also report all vehicles, including vehicles in their California fleet, that they operated in California under common ownership or control during the calendar year, and must include all such vehicles when determining compliance with sections 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, and 2015.6. Controlling parties are eligible to use or request the same exemptions or extensions as fleet owners. A controlling party must comply with the reporting requirements specified in section 2015.4(c)(2)(N) in addition to the general reporting requirements.
(g) Requirement to Hire Compliant Fleets. This section applies to hiring entities specified in section 2015(a)(3). These requirements do not apply to a controlling party if the hired vehicles are included in the combined fleet subject to the controlling party compliance requirements specified in section 2015(f). Any hiring entity that is subject to this section must meet the following requirements:
(1) Verification of Compliance. For each calendar year, verify that each fleet it hires or dispatches to operate in California is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet. Alternatively, for each calendar year that an entity hires a fleet to operate in California that is not listed on the CARB Advanced Clean Fleets webpage as a compliant fleet, it must obtain a signed statement from the fleet owner stating their fleet is not subject to the High Priority and Federal Fleets regulations in title 13, CCR, sections 2015 through 2015.6, the State and Local Government Fleets regulations in title 13, CCR, sections 2013 through 2013.4, and the Drayage Fleet Requirements regulations in title 13, CCR, sections 2014 through 2014.2;
(2) Disclosure of Regulation Applicability. Provide the following disclosure in writing to the hired fleet either in the hiring contract or agreement or as an addendum to the hiring contract or agreement: "Vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets"; and
(3) Comply with the recordkeeping requirements specified in section 2015.5(i).
(h) Corporate Joint Compliance Option. Subsidiaries, parent companies, or joint ventures have the option to comply jointly with the ZEV Milestones Option specified in section 2015.2 instead of complying independently if the combined California fleet meets the requirements specified in section 2015.2. If such subsidiaries, parent companies or joint ventures elect to utilize this compliance option and then subsequently do not fully comply with any requirement in section 2015.2, each of the participating entities must then demonstrate compliance with the requirements of section 2015.2 on an individual basis. Entities choosing to use this option must meet the reporting requirement specified in section 2015.4(d).
(i) Newly Formed Fleet. Any fleet that is newly formed on or after January 1, 2024, and that meets the applicability criteria specified in section 2015(a)(1) must comply with the requirements of either section 2015.1 or 2015.2, and the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5, within 30 calendar days of newly adding vehicles to the California fleet.
(j) Newly Affected Fleets. Fleet owners of fleets that existed prior to January 1, 2024, that own, operate, or direct the operation of one or more vehicles specified in section 2015(a)(2) in California on or after January 1, 2024, and that newly meet the applicability criteria specified in section 2015(a)(1)(A) through (C) at any point on or after January 1, 2024, must do all the following:
(1) Within 30 calendar days of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), meet the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5.
(2) Within 30 calendar days of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), notify CARB of the month and year that the fleet newly became subject to this article.
(3) Within two years of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), meet all requirements of this article.
(k) Mergers and Acquisitions. If any entity merges with another entity or acquires vehicles as part of the merger on or after January 1, 2024, the fleet owner must:
(1) Comply with the requirements of either section 2015.1 or 2015.2 no later than one year from the date the merger or acquisition completes;
(2) Verify whether any previously granted exemption(s) or extension(s) still apply, based on the exemption(s) or extension(s) criteria for the newly formed fleet; and
(3) Meet the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5 within 30 calendar days from the date the merger or acquisition completes.
(l) Fleets No Longer Affected. Any fleet subject to this article that no longer meets the applicability criteria specified in section 2015(a)(1) for two consecutive calendar years shall no longer be subject to the requirements of this article, until such time as the fleet again is affected per the applicability criteria specified in section 2015(a)(1).
(m) Reporting and Recordkeeping Requirement. Beginning January 1, 2024, fleet owners must meet reporting requirements as specified in section 2015.4 and keep and provide records as specified in section 2015.5.
(n) Vehicles Acquired with Incentive Funds. Beginning January 1, 2024, if a fleet owner receives California State-provided incentive funding for ZEVs or NZEVs and the funding program guidelines specify that any vehicles acquired with such funds cannot be used to determine compliance with the general requirements in section 2015(d), any vehicle acquired with such incentive funds will not be counted as a compliant vehicle during the funding contract period. The fleet owner must meet the reporting requirements specified in section 2015.4(c)(2)(O).
(o) Certificate of Reported Compliance and Compliant Fleet List. If the requirements specified in sections 2015 through 2015.6 are met and the required reporting is received to demonstrate compliance, the fleet owner will be provided with a Certificate of Reported Compliance. The CARB Advanced Clean Fleets webpage will list the CARB-issued ID number, motor carrier number if applicable, fleet name, and whether the fleet is recognized as a "ZEV Fleet" as specified in section 2015(p) for compliant fleets that have received a Certificate of Reported Compliance. Fleets that do not comply with either compliance path specified in sections 2015.1 or 2015.2 will not be listed.
(p) "ZEV Fleet" Recognition. Fleet owners may optionally elect to be recognized as a "ZEV fleet" beginning January 1, 2024. A fleet will be recognized as a "ZEV fleet" on the CARB Advanced Clean Fleets webpage if it meets or exceeds all the following criteria regardless of the compliance path being used:
(1) The number of ZEVs in the California fleet meets or exceeds the number of ZEVs as specified in the fleet ZEV Milestones Option in section 2015.2;
(2) The California fleet must have at least one ZEV;
(3) The California fleet consists of at least five percent ZEVs; and
(4) The fleet owner meets the reporting requirements of 2015.4 and record keeping requirements of a section 2015.5.
(q) Sales Disclosure of Regulation Applicability. Any person subject to this article selling a vehicle subject to this article must provide the following disclosure in writing to the purchaser on or with the bill of sale, sales contract addendum, or invoice: "A vehicle operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets."
(r) ICE Vehicle Additions. Any ICE vehicle added to the California fleet on or after January 1, 2024, must have a 2010 through 2023 model year engine or a 2024 model year or newer engine certified to applicable California emissions standards and emissions related requirements. Any new ICE vehicle added to the California fleet must be certified to applicable California emissions standards and emissions related requirements.
(s) Airport Shuttle Bus Fleet Exemption. Fleet owners that are subject to the Zero-Emission Airport Shuttle regulations in title 17, CCR, sections 95690.1, 95690.2, 95690.3, 95690.4, 95690.5, 95690.6, 95690.7, and 95690.8 may exclude vehicles in their California fleet that are subject to those regulations from the requirements of sections 2015.1 and 2015.2 until January 1, 2027.

Cal. Code Regs. Tit. 13, § 2015

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 article 3.4 (sections 2015-2015.6) and section filed 9-29-2023; operative 10/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 39).