Home Table of Contents

§ 2023.4. Provisions for Exemption of a Zero-Emission Bus Purchase.

13 CA ADC § 2023.4BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 13. Motor Vehicles
Division 3. Air Resources Board
Chapter 1. Motor Vehicle Pollution Control Devices
Article 4.3. Innovative Clean Transit (Refs & Annos)
13 CCR § 2023.4
§ 2023.4. Provisions for Exemption of a Zero-Emission Bus Purchase.
(a) It is the intent of this section to ensure transit service is not adversely affected. Transit agencies may request an exemption from the zero-emission bus requirements set forth in section 2023.1. The Executive Officer will grant an exemption upon request, if the specified criteria in section 2023.4(c) are met.
(b) A request for exemption for a particular calendar year's compliance obligation must be submitted to the Executive Officer by November 30th of that year.
(c) A request for exemption must demonstrate as provided below that at least one of the following circumstances exists beyond the transit agency's control:
(1) Delay in bus delivery is caused by setback of construction of infrastructure needed for the zero-emission bus. A transit agency may request an exemption from the requirements of section 2023.1(a)(4) if it cannot finalize the zero-emission bus infrastructure within two years of the initial bus purchase and in time to operate the purchased buses after delivery due to circumstances beyond the transit agency's control.
(A) For purposes of this section, zero-emission bus infrastructure includes charging stations, hydrogen stations, and maintenance facilities; and circumstances beyond the transit agency's control may include:
1. Delays in installing zero-emission bus infrastructure that would require the transit agency to purchase new rights-of-way or construct new facilities,
2. Change of a general contractor,
3. Delays obtaining power from a utility,
4. Delays obtaining construction permits,
5. Discovery of archeological, historical, or tribal cultural resources under the California Environmental Quality Act, or
6. Natural disaster.
(B) A transit agency must submit a request for exemption to the Executive Officer by submitting the following documentation:
1. A letter from its governing body, and,
2. A letter from the licensed contractor performing the work, related utility, building department, or other organizations involved in the project explaining the reasons for delay and estimating the completion date of the project.
(C) The transit agency may request an exemption from the zero-emission bus purchase requirements in section 2023.1(a) if the transit agency can provide documentation that demonstrates the needed infrastructure cannot be completed within the two-year extension period or in time to operate the purchased buses after delivery, whichever is later.
(D) A transit agency may purchase conventional internal combustion engine buses instead of zero-emission buses once the Executive Officer grants the exemption.
(2) When available zero-emission buses cannot meet a transit agency's daily mileage needs.
A transit agency may submit a request for exemption from the zero-emission bus purchase requirements in section 2023.1(a) if no battery electric bus can meet the daily mileage needs of any similar bus type in the fleet by submitting documentation to show that the miles travelled between charges of all available depot charging battery electric buses cannot meet the transit agency's daily operational needs for any bus in the existing fleet.
(A) The request for exemption must include the following information:
1. An explanation of why the exemption is needed including:
a. How zero-emission buses that have already been purchased or placed in service were suitable, and
b. Why the daily mileage range of any available depot charging battery electric bus is insufficient to meet the service needs of any conventional internal combustion engine bus in the transit agency's fleet of the same bus type;
2. A current monthly mileage report for each bus type in the fleet to show the daily usage for all of the buses of that type;
3. A copy of the zero-emission bus request for proposal and resulting bids showing rated battery capacity that is available for each of the buses when new; and
4. If available, measured energy use data from zero-emission buses operated on daily assignments in the transit agency's service which includes, but is not limited to, battery degradation, air conditioning, passenger loading, grades, and driving behavior that shows typical energy usage over one month or more of regular revenue service.
(B) The Executive Officer will grant an exemption if the transit agency's required range cannot be met based on its battery electric bus energy use data. If energy use data is not available for the transit agency, the tested energy use on the Orange County Bus Cycle described in section 2023(b)(40) will be used to determine the energy use per mile. If the minimum required range is higher than eighty (80) percent of the range on available battery electric buses (using the largest available battery pack), the transit agency will be granted an exemption from the zero-emission bus purchase requirement.
(C) A transit agency may purchase internal combustion engine buses instead of zero-emission buses once the Executive Officer grants the exemption.
(3) A transit agency may request an exemption if available zero-emission buses do not have adequate gradeability performance to meet the transit agency's daily needs for any bus in its fleet.
(A) The transit agency must provide the following information to the Executive Officer:
1. Documentation that shows no other buses in the fleet can meet the transit agency's gradeability requirements and that the available zero-emission buses of that bus type cannot be placed into service anywhere else in the fleet;
2. Topography information including the measurement of the grade(s) where the zero-emission buses would be placed in service along with the explanation of which bus types currently provide these services;
3. A description of the bus types that currently serve the route(s) in question, and data showing the performance of conventional internal combustion engine buses of the same bus type that includes the passenger load, bus speed and grade of slope measured when operating on the route(s) the zero-emission buses would be placed in service;
4. An explanation of why the gradeability of all available zero-emission buses are insufficient to meet the transit agency's service needs;
5. A copy of the zero-emission bus request for proposal, specifying the transit agency's required gradeability and minimum sustained speed, and the resulting bids; and
6. If available, empirical data including but not limited to grades, passenger loading, and speed data from available zero-emission buses operated on the same grade to show that available zero-emission buses are unable to meet the same speed requirements under the same operating conditions as the same type of conventional bus in the transit agency's fleet.
(B) A transit agency may purchase internal combustion engine buses instead of zero-emission buses once the Executive Officer grants the exemption.
(4) When a required zero-emission bus type for the applicable weight class based on gross vehicle weight rating (GVWR) is unavailable for purchase.
(A) A transit agency may request an exemption from an immediate zero-emission bus purchase requirement in section 2023.1(a) if no zero-emission buses are available as described below.
(B) A zero-emission bus type is considered unavailable for purchase if any of the following circumstances exists:
1. The zero-emission bus has not passed the complete Bus Testing and not obtained a Bus Testing Report as described in section 2023(b)(8);
2. The zero-emission bus cannot be configured to meet applicable requirements of the Americans with Disabilities Act; or
3. The physical characteristics of the zero-emission bus would result in a transit agency violating any federal, state, or local laws, regulations, or ordinances.
(C) The request for exemption must include the following information:
1. A summary of all bus body-types, vehicle weight classes being purchased with their GVWR, chassis (if applicable), and the reasons why existing zero-emission buses are unavailable for purchase;
2. Current fleet information showing how many zero-emission buses of that bus type are already in service and how many are on order and a demonstration that any available zero-emission bus that would meet the purchase requirement has been purchased and that the zero-emission bus purchase requirement cannot be met with other zero-emission bus purchases in that year;
3. If the zero-emission bus type and vehicle weight class to be purchased cannot be adequately equipped to meet applicable Americans with Disabilities Act requirements, then the transit agency must submit documentation to show what Americans with Disabilities Act requirement cannot be met and why the manufacturer cannot meet it by submitting information from the manufacturer; and
4. If the zero-emission bus would result in a transit agency violating any federal, state, or local law, regulation, or ordinance, then the transit agency must submit a letter from its governing body that details how the physical characteristics of the zero-emission bus would violate such federal, state, or local law, regulation or ordinance and how the violation would be avoided with the purchase of a combustion engine bus of the same type. This letter must include all relevant citations to state and federal regulatory code sections.
(D) The Executive Officer will grant an exemption from the requirements to purchase zero-emission buses if the criteria of section 2023.4(c)(4)(B) are met and the information required by section 2023.4(c)(4)(C) has been provided.
(E) A transit agency may purchase conventional internal combustion engine buses instead of such unavailable zero-emission buses for that bus purchase once the exemption is granted.
(5) When a required zero-emission bus type cannot be purchased by a transit agency due to financial hardship. A transit agency may request an exemption from the zero-emission bus purchase requirements in section 2023.1(a) due to financial hardship.
(A) Financial hardship would be granted if a fiscal emergency is declared under a resolution by a transit agency's governing body following a public hearing, a transit agency can demonstrate that it cannot offset the incremental cost of purchasing all available zero-emission buses when compared to the cost of the same type of conventional bus, or a transit agency can demonstrate that it cannot offset the managed, net electricity cost for depot charging battery electric buses when compared to the fuel cost of the same type of conventional internal combustion engine buses.
(B) The request for exemption must include the following documentation:
1. Either a resolution by a transit agency's governing body declaring a fiscal emergency; or
2. Documentation showing a transit agency cannot offset the initial capital cost of purchasing zero-emission buses, including:
a. A letter from a transit agency's governing body declaring the transit agency in good faith has applied for all available funding and financing options that could be used to offset the higher capital costs of zero-emission buses and associated infrastructure;
b. Documentation to show the transit agency has been denied financing, or financing options are not available; and
c. Documentation to show the transit agency cannot offset the higher incremental costs of available zero-emission buses.
(C) The Executive Officer will grant an exemption from the requirement to purchase zero-emission buses until the next bus purchase.
(D) A transit agency may purchase conventional internal combustion engine buses instead of zero-emission buses once the Executive Officer grants the exemption.
Note: Authority cited: Sections 38501, 38510, 38560, 39002, 39003, 39500, 39600, 39601, 39667, 40000, 43000.5, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43701(b), 43801 and 43806, Health and Safety Code. Reference: Sections 38501, 38510, 38560, 39002, 39003, 39017, 39027, 39500, 39600, 39601, 39650, 39655, 39667, 40000, 43000.5, 43013, 43018, 43101, 43104, 43105, 43701(b), 43801 and 43806, Health and Safety Code; Sections 233, 350, 545 and 28114, Vehicle Code; section 5303, title 49, United States Code; and Code of Federal Regulations, title 49, section 665.13.
HISTORY
1. Renumbering of former section 1956.4 to section 2023.4, including amendment of section heading, section and Note, filed 1-31-2006; operative 1-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 5).
2. Change without regulatory effect amending subsection (e)(2)(c) filed 6-16-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 24).
3. New subsection (b)(4) filed 9-7-2006; operative 10-7-2006 (Register 2006, No. 36).
4. Amendment filed 10-15-2007; operative 11-14-2007 (Register 2007, No. 42).
5. Repealer and new section filed 8-13-2019; operative 10-1-2019 (Register 2019, No. 33).
This database is current through 4/22/22 Register 2022, No. 16
13 CCR § 2023.4, 13 CA ADC § 2023.4
End of Document