Cal. Code Regs. tit. 13 § 3001
"Agricultural Crop Preparation Services" means packinghouses, cotton gins, nut hullers and processors, dehydrators, feed and grain mills, activities involving first processing after harvest, and activities that fall within the United States Census Bureau North American Industry Classification System (NAICS) definition for Industry 115114 -- "Postharvest Crop Activities," as published in the North American Industry Classification System -- United States, 2002, Part I. Titles and Descriptions of Industries, which is hereby incorporated by reference.
"Agricultural Operations" means
"Class IV Forklift" means a Forklift powered by an internal-combustion engine that is not designed to be operated with pneumatic tires.
"Class IV LSI Forklift" means a Class IV Forklift powered by an LSI Engine.
"Class V Forklift" means a Forklift powered by an internal-combustion engine that is designed to be operated with Pneumatic Tires.
"Class V LSI Forklift" means a Class V Forklift powered by an LSI Engine.
"Combat and Tactical Support Equipment" means equipment that meets military specifications, is owned by the U.S. Department of Defense and/or the U.S. military services or its allies, and is used in combat, combat support, combat service support, tactical or relief operations or training for such operations.
"Common Ownership or Control" means being owned or managed day-to-day by the same person, corporation, partnership, or association. Forklifts 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 or they have different taxpayer identification numbers. Common Ownership or Control of a federal government Forklift shall be the primary responsibility of the governmental agency that is directly responsible for the day-to-day operational control of the Forklift. Common Ownership or Control includes relationships where the controlling party has the right to direct or control the Forklift as to where expenses for operating the Forklift, such as fuel or maintenance costs, are shared.
"Crop Preparation Services" means either Agricultural Crop Preparation Services or Forest Crop Preparation Services, or a combination of the two. For purposes of this regulation, a Forklift that is used by its operator for both Crop Preparation Services and other operations is considered to be a Forklift engaged in Crop Preparation Services, only if the Forklift does not qualify as an In-Field Forklift and over half of its annual operating hours are for Agricultural Operations or Forest Operations, or a combination of the two.
"Crop Preparation Services Fleet" means a Fleet of Forklifts used primarily for Crop Preparation Services. For purposes of this Regulation, a Forklift that is used by its operator for both Crop Preparation Services and other operations is considered to be part of the Crop Preparation Services Fleet only if the Forklift does not qualify as an In-Field Forklift and over half of its annual operating hours are for Agricultural Operations or Forest Operations, or a combination of the two.
"Dealer" means an entity engaged in the business of selling or leasing of Forklifts to an Ultimate Purchaser. A Dealer may also be a Rental Agency and Fleet Operator if it meets the respective definitions set forth in this section.
"Declared Emergency Event" means the period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during the emergency conditions described in California Government Code Section 8558.
"Dedicated Emergency Forklift" means a Forklift owned and operated by a governmental agency, or other entity operating under the authority of a governmental agency, for the primary purpose of supporting Emergency Operations and exempted from certain provisions of the Regulation pursuant to Section 3007(a)(2).
"Designated Official" means a person designated by the Responsible Official as the person who has the responsibility of providing the required information to the Executive Officer on behalf of the Responsible Official.
"Diesel Forklift" means a Forklift powered by a diesel-fueled or alternative-diesel-fueled off-road compression-ignition engine that is subject to Title 13, California Code of Regulations, sections 2449, 2449.1, and 2449.2, effective October 1, 2023, incorporated by reference.
"Emergency Operation" means an operation that helps alleviate an immediate threat to public health or safety in response to a Declared Emergency Event. Examples of emergency operation include repairing or preventing damage to roads, buildings, terrain, and infrastructure because of an earthquake, flood, storm, fire, other infrequent act of nature, or terrorism. Routine operations, maintenance, or construction to prevent public health risks does not constitute emergency operation.
"Energized" shall have the same meaning as "Energized," as defined in Title 29, Code of Federal Regulations, Part 1910.147(b), last amended on July 25, 2011, which is hereby incorporated by reference.
"Energy Isolating Device" shall have the same meaning as "Energy Isolating Device," as defined in Title 29, Code of Federal Regulations, Part 1910.147(b), last amended on July 25, 2011, incorporated by reference.
"Entity" means a person, business, public utility, special district, or government agency subject to this Regulation, as set forth in Section 3000(c).
"Equipment Identification Number" or "EIN" means a unique identification number assigned by the Executive Officer to a Forklift once the Forklift has been reported in accordance with this Regulation. The EIN is used to link all reporting and recordkeeping required under this Regulation.
"Executive Officer" means the Executive Officer of the California Air Resources Board, or his or her delegate.
"Facility" means a location where an entity operates one or more Forklifts.
"Fleet" means all applicable Forklifts under Common Ownership or Control operated within California. Revenue Fleet Forklifts owned by a Rental Agency are considered part of the Rental Agency fleet, and not part of the entity to which the Forklifts are rented.
"Fleet Operator" means an entity that owns or operates one or more Forklifts to fulfill operational needs of said entity or to fulfill contractual obligations of said entity to a person or organization in California. A Dealer or Rental Agency is also a Fleet Operator for Forklifts that are not within its Revenue Fleet.
"Fleet Portion" means a part of a Fleet for which daily operations and dispatching are managed by a different Responsible Official because it is part of a different subsidiary, division, or other organizational substructure of a parent company, corporation, or agency, which owns or controls the operations of the subsidiary, division, or organizational substructure, and the parent company, corporation, or agency elects to have some or all the Fleet Portions report separately. However, the total number of LSI Forklifts and Zero-Emission Forklifts (ZEF) under Common Ownership or Control of the parent company, corporation, or agency determines the fleet size.
"Forest Crop Preparation Services" means milling, peeling, producing particleboard and medium density fiberboard, and producing woody landscape materials and other related activities that fall within the United States Census Bureau NAICS definition for Industries 321113 (Sawmills) and 321219 (Reconstituted Wood Product Manufacturing)," as published in the North American Industry Classification System -- United States, 2007, Part I. Titles and Descriptions of Industries, which is hereby incorporated by reference.
"Forest Operations" means
"Forklift" means a self-propelled industrial truck whose primary purpose is to lift, transport, and stack loads using forks or other attachment mounted in place of forks.
"Forklift Capacity" means the lift capacity of a specific Forklift determined by the manufacturer, in units of weight, as inscribed on the Forklift's nameplate. The Forklift Capacity used for determining regulatory applicability shall be the lowest lift capacity derived using a load center equal to or greater than 600 millimeters or 24 inches, as applicable. If the lift capacity of the specific Forklift has not been determined at a load center equal to or greater than 600 millimeters (or 24 inches), the lowest lift capacity inscribed on the nameplate shall be used to determine regulatory applicability instead.
"In-Field Forklift" means a Forklift used more than 50% of its annual operating hours in either Agricultural Operations or Forest Operations, or a combination of the two, not including operating hours in Crop Preparation Services.
"Large Fleet" means a Fleet, other than a Crop Preparation Services Fleet, that consists of 26 or more LSI Forklifts and ZEFs, combined at any point during the calendar year.
"Large Spark-Ignition Engine" or "LSI Engine" means any engine that produces a gross horsepower of 25 horsepower or greater (greater than 19 kilowatts for 2005 and later model years) or is designed (e.g., through fueling, engine calibrations, valve timing, engine speed modifications, etc.) to produce 25 horsepower or greater (greater than 19 kilowatts for 2005 and later model years). The engine's operating characteristics are significantly similar to the theoretical Otto combustion cycle with the engine's primary means of controlling power output being to limit the amount of air that is throttled into the combustion chamber of the engine. All engines and equipment that fall within the scope of the preemption at section 209(e)(1)(A) of the Federal Clean Air Act, or 40 CFR, Part 1074, subpart A, which is incorporated by reference, are specifically excluded from this category.
"Large Spark-Ignition Forklift" or "LSI Forklift" means a Forklift that is powered by an LSI Engine.
"Lockout Device" shall have the same meaning as "Lockout Device," as defined in Title 29, Code of Federal Regulations, Part 1910.147(b), last amended on July 25, 2011, incorporated by reference.
"Low-Use LSI Forklift" means an LSI Forklift that a Fleet Operator has designated as operating less than 200 hours a calendar year pursuant to Section 3007(a)(1).
"Microbusiness" means a Fleet Operator of a fleet of any size with annual gross receipts of $5,000,000 or less over the previous three years, or is a "manufacturer" with 25 or fewer employees.
"Model Year" or "MY" means the Forklift engine manufacturer's annual production period, which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year.
"New," as it pertains to Forklifts, means the ownership of the Forklift has never been transferred to an Ultimate Purchaser.
"Non-Compliant LSI Forklift" means an LSI Forklift that has already been phased out pursuant to the applicable phase- out schedule set forth in Section 3006(d).
"Pallet Jack" means a piece of equipment that is designed to move pallets but is pulled by hand and is not designed to be ridden.
"Person" includes all the following:
"Phase Out" means to remove an LSI Forklift from fleet service (i.e., move the Forklift outside of California, sell the Forklift to another fleet located outside of California, or scrap the Forklift), so that the Forklift is not subsequently operated by the fleet in the state of California.
"Pneumatic Tire" means a tire, whether air-filled, foam-filled, or solid, mounted on a metal wheel with a rim designed to create a seal with the tire such that an air-filled tire installed on said wheel can hold air if inflated.
"Rated Capacity" means the maximum lift capacity of a Forklift model determined by the manufacturer using a minimum load center of 600 millimeters or 24 inches and a minimum load elevation of 2,540 millimeters or 100 inches. If the Rated Capacity and the load center and load elevation used in its determination are not verifiable through manufacturer-published documentation, then Rated Capacity shall mean Forklift Capacity for the purposes of this Regulation.
"Regulation" or "Zero-Emission Forklift Regulation" refers to Sections 3000 through 3011, Title 13, California Code of Regulations.
"Rent" means to pay for the use of an LSI Forklift for a period no longer than 12 calendar months.
"Rental Agency" means an entity engaged in the business of providing Forklifts for rent. A Rental Agency may also be a Dealer or Fleet Operator if it meets the respective definitions in this section.
"Responsible Official" means one of the following:
"Revenue Fleet" means the fleet of Forklifts owned, possessed, or controlled by a Dealer or Rental Agency that is intended for sale, lease, or rental to another entity.
"Rough Terrain Forklift" means a powered industrial truck that:
"Small Fleet" means a Fleet, other than a Crop Preparation Services Fleet, that consists of 25 or fewer LSI Forklifts and ZEFs, combined during the entire calendar year.
"Tagout Device" shall have the same meaning as "Tagout Device," as defined in Title 29, Code of Federal Regulations, Part 1910.147(b), last amended on July 25, 2011, incorporated by reference.
"Ultimate Purchaser" means an entity who in good faith purchases or leases a Forklift for purposes other than resale to others.
"Vehicle Mounted Forklift" means a powered industrial truck that:
"Zero-Emission" means zero exhaust emissions of any criteria pollutant (or precursor pollutant), toxic pollutant, or GHG under any possible operational modes or conditions.
"Zero-Emission Forklift" or "ZEF" means a Forklift whose operation results in zero exhaust emissions of any criteria pollutant (or precursor pollutant) or GHG under any possible operational modes or conditions, which may include the use of fuel-cell-electric, battery-electric, or other zero-emission powertrain technology.
Cal. Code Regs. Tit. 13, § 3001
Note: Authority cited: Sections 39600, 39601, 43101, 43102, 43013, 43018, 43151, 43152, 43153 and 43205.5, Health and Safety Code. Reference: Section 43150, Health and Safety Code.