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§ 2477.12. Requirements for Lessors and Lessees.

13 CA ADC § 2477.12BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 13. Motor Vehicles
Division 3. Air Resources Board
Chapter 9. Off-Road Vehicles and Engines Pollution Control Devices
Article 8. Off-Road Airborne Toxic Control Measures (Refs & Annos)
13 CCR § 2477.12
§ 2477.12. Requirements for Lessors and Lessees.
(a) Lessors shall be subject to all of the following:
(1) The lessor is responsible for the owner requirements set forth in section 2477.5. See the definition of “owner” in section 2477.4 for clarification related to banks and financial institutions.
(A) The lessor may delegate the responsibility for applying for an IDN (registering in ARBER) under section 2477.5(e) to the lessee, if the following conditions are met:
1. The lease contract must show clear delegation of the ARBER registration requirements to the lessee;
2. The lessor must submit third party agreement confirmation information for leased units to ARB at least 10 days prior to the lessee applying for an IDN. The following information is required:
a. Unit serial numbers for each TRU or TRU gen set;
b. Unique company equipment number;
c. Vehicle license number;
d. Vehicle Identification Number (VIN);
f. Lessor company name, address, federal tax ID (EIN), contact person, and contact information;
g. Lessee company name, address, federal tax I.D (EIN), contact person, and contact information;
e. Copy of the contract pages of the lease contract with the language highlighted that identifies the lessee as the responsible party for registration; and
f. Owner's/lessor's or responsible official's signature, after the statement: “I certify under penalty of perjury under the laws of the State of California that the information provided is true, accurate, and complete.”
3. The lessor must submit third party agreement confirmation information for leased units to the Executive Officer by one of the following methods:
a. Mail or deliver to ARB at the address listed immediately below:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (ARBER/TRU)
P.O. BOX 2815
SACRAMENTO, CA 95812
b. Electronically submit by email to: arber@arb.ca.gov
4. The lessor must notify the lessee in writing of this delegation.
(B) The lessor shall not delegate owner requirements for complying with the in-use standards under section 2477.5(a) to the lessee unless the lessor is a bank or financial institution (see definition of “owner” in section 2477.4).
(2) When TRUs or TRU gen sets are at a lessor's California terminal for 30 or more days, the lessor shall be subject to the operator report requirements set forth in section 2477.6.
(b) Lessees shall be subject to all of the following:
(1) The terminal operator requirements set forth in section 2477.6 if a leased or rented TRU or TRU generator set has been assigned to the lessee's California terminal for 30 or more days.
(2) If delegated by contract and the lessor has submitted third party agreement confirmation information for leased units to ARB under section 2477.12(a)(1)(A) and notified the lessee of delegation under section 2477.12(a)(1)(A)3., the lessee is responsible for the registration requirements of section 2477.5(e) and shall complete all of the following:
(A) Submit a registration application for an IDN after at least 10 days of the lessor submitting the third party agreement confirmation information for leased units to ARB, but no more than 30 days after the lessor's notice;
(B) Submit a copy of the ARBER TRU Certification to the lessor within 30 days after registration in ARBER is completed and an ARBER TRU Certification is issued; and
(C) Affix (attach) the IDN to the TRU or TRU gen set housing within 30 days in accordance with subparagraph 2477.5(e)(1)(F).
Note: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 43013 and 43018, Health and Safety Code. Reference: Sections 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, 42410, 40717.9, 43013 and 43018, Health and Safety Code.
HISTORY
1. New section filed 10-15-2012; operative 10-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 42).
This database is current through 5/6/22 Register 2022, No. 18
13 CCR § 2477.12, 13 CA ADC § 2477.12
End of Document