Cal. Code Regs. tit. 13 § 2015.2

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 2015.2 - High Priority and Federal Fleets ZEV Milestones Option

Until January 1, 2030, fleet owners may choose this option in lieu of the Model Year Schedule Requirements of section 2015.1 to have the flexibility to manage their California fleet while meeting the ZEV Fleet Milestones regardless of vehicle age and mileage. If a vehicle is operated in California at any time during a calendar year, it will be considered part of the California fleet for the entire calendar year for purposes of calculating the ZEV Fleet Milestones of section 2015.2(a) and (b). By using this option, fleet owners must acknowledge that they are knowingly and voluntarily waiving the provisions of Health and Safety Code section 43021(a) that would otherwise apply to commercial motor vehicles as defined in CVC section 34601 in their California fleet, except for new ICE vehicles purchased pursuant to a granted exemption specified in sections 2015.2(f)(2), 2015.2(f)(5), and 2015.2(f)(9). Fleet owners choosing to use this path must comply with the following:

(a) ZEV Fleet Milestones. Beginning January 1, 2025, fleet owners must continuously meet or exceed the ZEV Fleet Milestone percentage requirements set forth below in Table A: ZEV Fleet Milestones by Milestone Group and Year for their California fleets. The ZEV Fleet Milestone percentages must be maintained each year until the next compliance milestone; for example, Milestone Group 1 vehicles must comprise at least ten percent of the California fleet each year beginning January 1, 2025 until December 31,2027.

Table A: ZEV Fleet Milestones by Milestone Group and Year

Percentage of vehicles that must be ZEVs10%25%50%75%100%
Milestone Group 1: Box trucks, vans, buses with two axles, yard tractors, light-duty package delivery vehicles20252028203120332035 and beyond
Milestone Group 2: Work trucks, day cab tractors, pickup trucks, buses with three axles20272030203320362039 and beyond
Milestone Group 3: Sleeper cab tractors and specialty vehicles20302033203620392042 and beyond

(b) ZEV Fleet Milestone Calculation. The annual ZEV Fleet Milestone is calculated by counting the vehicles in the California fleet for each of the three Milestone Groups listed in Table A, then multiplying the number of vehicles in each Milestone Group by the ZEV percentage requirement for that year as shown in Equation 1: ZEV Fleet Milestone Equation. If the sum of the ZEV Fleet Milestones is not a whole number, the value must be rounded using standard rounding convention.

Equation 1: ZEV Fleet Milestone Equation

([Milestone Group 1 Vehicle Count] x [Milestone Group 1 Percentage Requirement]) + ([Milestone Group 2 Vehicle Count] x [Milestone Group 2 Percentage Requirement]) + ([Milestone Group 3 Vehicle Count] x [Milestone Group 3 Percentage Requirement]) = ZEV Fleet Milestone

The following example shows how the ZEV Fleet Milestone is calculated for the 2031 calendar year for a fleet owner that has 100 Milestone Group 1 vehicles and 50 Milestone Group 2 vehicles and two backup vehicles that are excluded from the calculation:

Milestone Group 1:100 vehicles x 50% = 50 ZEVs

Milestone Group 2:50 vehicles x 25% = 12.5 ZEVs

Total ZEV Fleet Milestone = 62.5 (rounds up to 63 ZEVs)

(c) Any ZEVs Count for Compliance. Any ZEV from any Milestone Group can be used to count toward the fleet's ZEV Fleet Milestone requirement. For example, a fleet with box trucks and day cab tractors can meet the total ZEV Fleet Milestone requirement with ZEV day cab tractors instead of ZEV box trucks.
(d) Rental Vehicle Option. In lieu of counting all rental vehicles that operate in California, interstate rental fleet owners may choose to report the average number of rental vehicles that are operated in California. To use this option, four quarterly snapshots of the number of rental vehicles operated in California must be taken on the first Monday after January 1, April 1, July 1, and October 1. For purposes of this option, rental vehicles operated in California are those that are in California, but are under contract to leave California; vehicles to be picked up and dropped off in California; and vehicles that are not under contract while in California on the date of the snapshot. In lieu of counting rental vehicles under contract, rental fleet owners must supply telemetry data showing each rental vehicle that is in California on the snapshot dates. Each vehicle shall only be counted once for purposes of each snapshot. Fleet owners utilizing this option must report the average number of rental vehicles as specified in section 2015.4(h) and keep records of snapshots taken and supporting documents as specified in section 2015.5(h).
(e) Waste and Wastewater Fleet Option. Waste and Wastewater fleet owners may delay compliance with the ZEV Milestones Option as specified in section 2015.2(b) for the vehicles in the California fleet as of January 1, 2024, that meet the criteria specified in (1) through (3) below:
(1) Must exclusively be fueled with biomethane.
(2) Eligible garbage vehicle configurations are rear-, side-, and front-loader compactor trucks, tractors exclusively used as transfer trucks, and roll-off trucks.
(3) Eligible wastewater vehicle configurations are all vehicles that directly support the operation of facilities that collect and process diverted in-state organic waste to produce biomethane.
(4) Each vehicle that no longer meets the criteria specified in section 2015.3(e)(1) through (3) will reduce the number of eligible vehicles from each originally designated Milestone Group by one, unless the vehicle is replaced with a ZEV or another eligible ICE vehicle that is exclusively fueled with biomethane.
(5) Fleet owners utilizing this option must report fleet and vehicle information as specified in section 2015.4(c)(1)(J) and keep records as specified in section 2015.5(m).
(6) ZEV Milestone Calculation Adjustment. For vehicles that meet the criteria, each year the count of eligible waste and wastewater fleet vehicles in Milestone Group 1 will be subtracted from the count of vehicles in Milestone Group 1 and added to Milestone Group 3, and the count of eligible waste and wastewater fleet vehicles in Milestone Group 2 will be subtracted from the count of vehicles in Milestone Group 2 and added to Milestone Group 3, as specified in section 2015.2(e). No adjustment will be made for eligible waste and wastewater vehicles that already are designated in Milestone Group 3.
(f) Exemptions and Extensions. Fleet owners complying with the ZEV Milestones Option specified in section 2015.2 may utilize the following exemptions and extensions if the specified criteria are met:
(1) Backup Vehicle Exemption. Fleet owners may exclude designated backup vehicles from the vehicle count for each Milestone Group when determining the ZEV Milestone Calculation specified in section 2015.2(b) if it is designated as a backup vehicle as specified in section 2015.3(a).
(2) Daily Usage Exemption. Fleet owners may request an exemption to purchase a new ICE vehicle and exclude it from the ZEV Fleet Milestone Calculation specified in section 2015.2(b). Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2015.3(b) no later than one year before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a). The Executive Officer will grant this exemption only if the fleet owner demonstrates their next applicable upcoming ZEV Fleet Milestone cannot be reached without exemptions by requesting and obtaining exemptions for all other ICE vehicles in their California fleet.
(3) ZEV Infrastructure Delay Extension. Fleet owners may request an extension to count an ICE vehicle being replaced as a ZEV when determining compliance with the ZEV Milestone Calculation specified in section 2015.2(b). The fleet owner must request and obtain the extension pursuant to the applicable criteria specified in section 2015.3(c) no later than 45 calendar days before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a).
(4) Vehicle Delivery Delay Extension. Fleet owners may request an extension to count an ICE vehicle as a ZEV when determining compliance with the ZEV Milestone Calculation specified in section 2015.2(b). Fleet owners must request and obtain this extension pursuant to the criteria specified in section 2015.3(d). Fleet owners must request this extension no later than February 1 of the same calendar year as the next applicable ZEV Fleet Milestone compliance date specified in section 2015.2(a). The fleet owner may transfer the extension to another vehicle in the fleet if the criteria specified in section 2015.3(d)(2) are met.
(5) ZEV Purchase Exemption. Fleet owners must use the exemption in section 2015.3(e)(1) or request the exemption in section 2015.3(e)(2) no later than one year before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a). The Executive Officer will grant the following exemptions only if the fleet owner demonstrates their next applicable upcoming ZEV Fleet Milestone cannot be reached without exemptions by requesting and obtaining exemptions for all other ICE vehicles in their California fleet.
(A) ZEV Purchase Exemption List. Fleet owners shall receive an exemption to purchase a new ICE vehicle and exclude it from the ZEV Milestone Calculation specified in section 2015.2(b) pursuant to the criteria specified in section 2015.3(e)(1).
(B) ZEV Purchase Exemption Application. Fleet owners may request and obtain an exemption to purchase a new ICE vehicle and exclude it from the ZEV Milestone Calculation specified in section 2015.2(b) pursuant to the criteria specified in section 2015.3(e)(2).
(6) Declared Emergency Response. Fleet owners may exclude vehicles that are performing emergency operations from the ZEV Milestones Option requirements specified in section 2015.2 during declared emergency events pursuant to the criteria specified in section 2015.3(f)(1).
(7) Mutual Aid Assistance. Fleet owners may request an exemption to purchase new ICE vehicles and exclude them from the ZEV Milestone Calculations specified in section 2015.2(b). Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2015.3(f)(2). ICE vehicles purchased pursuant to a granted exemption may operate as part of the regular California fleet and are not restricted solely to mutual aid functions.
(8) Five-day Pass. Fleet owners may request a five-day pass to exclude any vehicle from the California fleet for five consecutive days once per calendar year per vehicle in their fleet pursuant to the criteria specified in section 2015.3(g).
(9) Intermittent Snow Removal Vehicles. Fleet owners shall receive an exemption to exclude intermittent snow removal vehicles from the ZEV Milestone Calculation specified in section 2015.2(b) until January 1, 2030, if the Executive Officer designates the vehicle as an intermittent snow removal vehicle pursuant to the criteria in section 2015.4(m).

Cal. Code Regs. Tit. 13, § 2015.2

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).