SB 496: Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.
This bill requires the state air resources board to establish an appeals advisory committee to review appeals of denied exemption requests from the advanced clean fleets regulation. The committee will include representatives from specified governmental and nongovernmental entities and will meet monthly. Recordings of its meetings will be made publicly available online. The committee will consider and recommend on appeals of exemption request denials within 60 days. The state board will consider the committee's recommendation within 60 days. The bill also exempts vehicles reasonably anticipated to respond to emergency situations from the regulation and prohibits requiring documentation for zero-emissions vehicles to count towards a transition mandate.
| Feb. 02, 2026 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May. 23, 2025 | May 23 hearing: Held in committee and under submission. |
| May. 16, 2025 | Set for hearing May 23. |
| May. 05, 2025 | May 5 hearing: Placed on APPR. suspense file. |
| Apr. 25, 2025 | Set for hearing May 5. |
| Amended IN Senate April 07, 2025 |
| Introduced by Senator Hurtado (Coauthors: Senators Archuleta and Niello) (Coauthor: Assembly Member Alanis) |
February 19, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
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:43851.
(a) (1) On or before ____, the state board shall establish the Advanced Clean Fleets Regulation Appeals Advisory Committee.43852.
(a) The committee shall meet monthly on an evenly spaced schedule.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.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,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.(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.