§ 2023.4. Provisions for Exemption of a Zero-Emission Bus Purchase.
13 CA ADC § 2023.4Barclays Official California Code of Regulations
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.
(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.
(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.
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.
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.
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;
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.
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.
(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.
Credits
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 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 13, § 2023.4, 13 CA ADC § 2023.4
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