(a) A transit agency may opt to use a Zero-Emission Mobility Program in lieu of making a zero-emission bus purchase to meet the required minimum number of zero-emission buses as set forth in section 2023.1(a)(4) if such program meets the following requirements:
(1) The program provides zero-emission mobility services by using bicycles, scooters, or other zero-emission vehicles with a GVWR of 14,000 pounds or less, or any combination of these;
(2) The program must be either directly operated by the transit agency or operated by a contractor to the transit agency;
(3) The transit agency must be able to track and record zero-emission passenger miles for each zero-emission vehicle.
(4) A transit agency must achieve the following zero-emission passenger miles per year to be eligible to receive each mobility credit:
(A) A large transit agency must achieve at least 320,000 zero-emission passenger miles per year;
(B) A small transit agency must achieve at least 180,000 zero-emission passenger miles per year.
(b) Procedure to opt-in and opt-out of a Zero-Emission Mobility Option.
(1) To opt into a Zero-Emission Mobility Option, a transit agency must submit a request to opt-in to the Executive Officer with the following information to prove it is meeting the requirements set forth in section 2023.5(a):
(A) A description of the types of vehicles, including their GVWR and types of propulsion systems;
(B) Documentation to show who will operate these services; and
(C) A description of the method of collecting accurate zero-emission passenger miles per vehicle.
(2) A transit agency may choose to opt out from the Zero-Emission Mobility Option at any time with the submittal of a request to opt-out to the Executive Officer with expected date of program termination.
(c) Calculation and issuance of mobility credits.
(1) Provided the criteria set forth in section 2023.5(a) has been met and the information required by section 2023.5(b) has been submitted to the Executive Officer, a transit agency that opts into a Zero-Emission Bus Mobility Option may receive one credit that is equivalent to operation of one zero-emission bus in the fleet based on the following calculations:
(A) When a bicycle is used in a Zero-Emission Mobility Option, a multiplier of three (3) shall apply when quantifying zero-emission passenger miles from a bicycle.
(B) The zero-emission mobility credit is calculated by dividing the total zero-emission passenger miles in each calendar year achieved by the Zero-Emission Mobility program by 320,000 passenger miles per year for a large transit agency or by 180,000 passenger miles per year for a small transit agency;
(C) For each calendar year, if a transit agency maintains at least the same zero-emission passenger miles as required in section 2023.5(a)(4) then the mobility credits will continue to count as zero-emission buses in the fleet.
(D) If the calculated number of mobility credits as set forth in section 2023.5(c)(1)(B) does not result to a whole number, the number must be rounded to the nearest integer to determine the number of credits.
(d) Use of mobility credits.
(1) Each calculated credit as set forth in section 2023.5(c)(1)(B) will be treated the same as operating one zero-emission bus in the fleet in a given calendar year.
(2) Each mobility credit earned annually by a transit agency may be counted the same as having a zero-emission bus by the transit agency in its fleet when calculating the required minimum number of zero-emission buses in the following year of achieving passenger miles as set forth in section 2023.1(a)(4).
(e) Reporting. Any transit agency that opts into the Zero-Emission Mobility Option must report annually to show the total zero-emission passenger miles achieved in the previous calendar year. A transit agency using the Zero-Emission Mobility Option must meet the reporting and record keeping requirements set forth in section 2023.9(c) for zero-emission passenger miles.
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.
