Bill Text: CA SB496 | 2025-2026 | Regular Session | Introduced
Bill Title: Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.
Spectrum: Bipartisan Bill
Status: (Introduced) 2025-02-20 - From printer. May be acted upon on or after March 22. [SB496 Detail]
Download: California-2025-SB496-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 496
| Introduced by Senator Hurtado (Coauthors: Senators Archuleta and Niello) (Coauthor: Assembly Member Alanis) |
February 19, 2025 |
An act to add Article 6 (commencing with Section 43850) and Article 6.2 (commencing with Section 43860) to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, relating to air resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 496, as introduced, Hurtado.
Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources.
Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal
government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances.
This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption
request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made.
This bill would expand the emergency vehicle exemption under the Advanced Clean Fleets Regulation or similar regulation, as specified. The bill, with respect to requirements applicable to state and local government fleets under the Advanced Clean Fleets Regulation, would modify the requirements of the daily usage exemption and would prohibit the state board from requiring the fleet owner to provide documentation showing the executed zero-emissions vehicle purchase agreement in order to qualify for a specified extension to comply with certain requirements of the
regulation.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 6 (commencing with Section 43850) is added to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, to read:Article 6. Advanced Clean Fleets Regulation Appeals Advisory Committee
43850.
For purposes of this article, the following definitions apply:(a) “Advanced Clean Fleets Regulation” means Article 3.2 (commencing with Section 2013) of, Article 3.3 (commencing with Section 2014) of, Article 3.4 (commencing with Section 2015) of, and Article 3.5 (commencing with Section 2016) of, Chapter 1 of Division 3 of Title 13 of the California Code of Regulations.
(b) “Committee” means the Advanced Clean Fleets Regulation Appeals Advisory Committee established pursuant to Section 43851.
(c) “Electrical corporation” has the same meaning as defined in Section 218 of the Public Utilities
Code.
43851.
(a) (1) On or before ____, the state board shall establish the Advanced Clean Fleets Regulation Appeals Advisory Committee.(2) The committee shall review appeals of denied requests for exemptions or time extensions from the requirements of the Advanced Clean Fleets Regulation and make recommendations to the state board with respect to the denial of the exemption or time extension request.
(b) The committee shall be composed of all of the following:
(1) One representative of the state board who is appointed by the state board.
(2) One representative of the Public Utilities Commission who is appointed by the Public Utilities Commission.
(3) One representative of the State Energy Resources Conservation and Development Commission who is appointed by the State Energy Resources Conservation and Development Commission.
(4) One representative of the Department of General Services who is appointed by the Director of General Services.
(5) One representative of the Department of Transportation who is appointed by the Director of Transportation.
(6) One representative of a transit agency who is appointed by the state board.
(7) One representative of a regional transportation agency who is appointed by the
state board.
(8) (A) No fewer than 13 and no more than 21 members selected by the state board from any of the following categories:
(i) (I) Private fleet owners.
(II) No less than 25 percent of the members appointed pursuant to this paragraph shall be private fleet owners.
(ii) (I) State and local government representatives with expertise relating to government fleets.
(II) No less than 25 percent of the members appointed pursuant to this paragraph shall be public fleet managers.
(iii) Representatives of electrical corporations.
(iv) Electric vehicle manufacturing industry experts.
(v) Representatives of environmental and environmental justice groups.
(vi) Representatives of labor groups.
(B) Members appointed pursuant to this paragraph shall serve on the committee for a minimum of one year and a maximum of three years.
43852.
(a) The committee shall meet monthly on an evenly spaced schedule.(b) (1) Meetings of the committee shall be open to the public in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(2) Meetings of the committee shall be recorded and the recording of each meeting shall be made publicly available on the state board’s internet website.
(3) It is the intent of the Legislature that members of the committee review materials relating to committee meetings and engage
in constructive dialogue in all meetings.
(c) The representative of the state board shall be the nonvoting chair of the committee.
(d) A quorum shall consist of a majority of the voting members appointed to the committee at the time of a meeting. Any action requires a majority vote of the members present at a meeting at which there is a quorum.
43853.
(a) If the state board denies an application for an exemption or time extension from any requirement of the Advanced Clean Fleets Regulation, the applicant may appeal the denial to the committee.(b) No later than 60 days after the applicant appeals the denial of the exemption or time extension request to the committee, the committee shall consider the appeal at a meeting and make a recommendation to the state board regarding whether the exemption or time extension request should have been denied.
(c) The chair of the committee shall serve as the liaison between the committee and the state board, and shall report the actions and recommendations of the committee to the state
board.
(d) For each appeal to the committee, all of the following information shall be made publicly available on the state board’s internet website:
(1) The applicant’s original request for an exemption or time extension from any requirement of the Advanced Clean Fleets Regulation and any accompanying information submitted by the applicant.
(2) All materials of the state board relating to the denial of the exemption or time extension request.
(3) The appeal and any accompanying information submitted by the applicant.
(4) The minutes of the meeting during which the appeal was considered.
(e) No later than 60 days after the
committee makes a recommendation pursuant to subdivision (b), the state board shall consider the recommendation at a public meeting of the state board.
SEC. 2.
Article 6.2 (commencing with Section 43860) is added to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, to read:Article 6.2. Advanced Clean Fleets Regulation
43860.
For purposes of this article, “Advanced Clean Fleets Regulation” means Article 3.2 (commencing with Section 2013) of, Article 3.3 (commencing with Section 2014) of, Article 3.4 (commencing with Section 2015) of, and Article 3.5 (commencing with Section 2016) of, Chapter 1 of Division 3 of Title 13 of the California Code of Regulations.43861.
For purposes of the Advanced Clean Fleets Regulation, or a similar regulation adopted by the state board, vehicles reasonably anticipated to respond to emergency situations, or that support those efforts, and vehicles reasonably anticipated to be used by disaster services workers, as described in Section 3100 of the Government Code, for purposes of responding to the disaster for which they have been activated, are exempt to the same extent as authorized emergency vehicles as defined in Section 165 of the Vehicle Code.43862.
For purposes of the extension authorized in paragraph (3) of subdivision (n) of Section 2013, and subdivision (c) of Section 2013.1, of Title 13 of the California Code of Regulations, the state board shall not require a fleet owner to submit documentation showing the executed zero-emissions vehicle purchase agreement in order to qualify for that extension.43863.
(a) The state board shall not administer the daily usage exemption established pursuant to subdivision (b) of Section 2013.1 of Title 13 of the California Code of Regulations in accordance with the criteria set forth in that subdivision. Instead, the state board shall administer the daily usage exemption established pursuant to that subdivision in accordance with the criteria set forth in subdivision (b).(b) Fleet owners may request an exemption as specified in paragraph (2) of subdivision (n) of Section 2013 of Title 13 of the California Code of Regulations to purchase a new internal combustion engine (ICE) vehicle of the same configuration as an ICE vehicle being replaced as specified in paragraph (1) of subdivision (b) of Section 2013.1 of
Title 13 of the California Code of Regulations if no new battery-electric vehicle (BEV) is available to purchase that can meet the demonstrated daily usage needs of any existing vehicles of the same configuration in the fleet, as determined by the criteria specified in paragraphs (2) to (5), inclusive, of subdivision (b) of Section 2013.1 of Title 13 of the California Code of Regulations. If approved, fleet owners shall place their new ICE vehicle orders within one year from the date the exemption is granted. The executive officer of the state board shall not approve exemption requests for a vehicle configuration that is available to purchase as a near-zero-emissions vehicle. The fleet owner shall submit the following information by email to TRUCRS@arb.ca.gov to apply:
(1) The make, model, weight class, configuration, and a photograph of the ICE vehicle to be replaced.
(2) The BEV
that is available to purchase in the same weight class and configuration with the highest rated energy capacity available. The fleet owner shall submit the make, model, weight class, configuration, and rated energy capacity of the identified BEV.
(3) (A) The BEV manufacturer’s available full state of charge minimum and maximum range specifications in ideal and less-than-ideal conditions, including when operated in ambient temperatures below 45 and above 90 degrees Fahrenheit and when operated under maximum towing capacity loads and climbing road grades with a minimum 5-percent grade for four miles. If this information is not available from the BEV manufacturer, a 20-percent reduction in maximum range shall be used for a range comparison to an ICE vehicle’s range data. For vehicles that operate truck-mounted or integrated equipment while stationary, in lieu of supplying the BEV manufacturer’s range specifications based on
vehicle miles traveled, the needed rated energy capacity is the same as the measured BEV energy use specified in subparagraph (B). The fleet owner shall submit the calculation and results.
(B) In lieu of providing BEV manufacturer minimum and maximum range specifications as specified in subparagraph (A), fleet owners may instead submit measured fuel burn rate data from ICE vehicles of the same configuration already operated on similar daily assignments to substantiate their exemption request. Information shall include vehicle loading and weight data, route grade, low and high ambient temperatures, and vehicle miles traveled per day, for three consecutive business days. For vehicles that operate truck-mounted or integrated equipment while stationary, the fuel burn rate data shall also include fuel used while stationary truck-mounted or integrated equipment is operated each day.
(4) A description of the daily assignments or routes used by existing vehicle configurations with an explanation as to why no new BEVs available to purchase of the same weight class and configuration can be charged or refueled during the workday at the depot, within one mile of the routes, or where ZEV fueling infrastructure is available. The explanation shall include a description of why charging could not be managed during driver rest periods or breaks during the workday.
(5) In granting or denying the exemption request, the executive officer of the state board shall rely on the information submitted by the applicant and use their good engineering judgment to determine whether the information meets the criteria specified in this subdivision. The executive officer shall include information regarding their years of related vehicle engineering experience, certifications, and any professional engineering licenses they have with a
denied exemption request.
