What is the CARB Advanced Clean Fleets Regulation?
The Advanced Clean Fleets (“ACF”) regulation, adopted in April 2023 by the California Air Resources Board (“CARB”), mandates a phased transition of medium- and heavy-duty vehicle fleets toward zero-emission technology. This initiative is part of California’s broader commitment to achieving carbon neutrality by 2045. The ACF regulation applies to a variety of fleet operators, including state and local agencies such as school districts. The provisions of the ACF regulation, including those described in this article, may be found in Title 13 of the California Code of Regulations at Division 3, Chapter 1, Article 3.2
Do All School Districts Have to Adhere to the ACF Regulation and Which Vehicles Apply?
The ACF regulation applies to any state or local government agency in California that owns, leases, or operates one or more vehicles with a gross vehicle weight rating greater than 8,500 pounds. Therefore, the term “vehicle” when it is used in the ACF regulation and this article refers only to vehicles with a gross vehicle weight rating greater than 8,500 pounds.
What Are the ACF Regulation Requirements?
The ACF regulation allows school districts to choose between two approaches for complying with the new requirements, one based on new vehicle purchases, and the other based on an incremental phasing out of internal combustion engine vehicles.
Model Year Schedule Option
Under the default option, beginning January 1, 2024, 50% of the total number of vehicles purchased for a school district’s fleet in each calendar year must be zero-emission vehicles (“ZEVs”). Beginning January 1, 2027, 100% of the total number of vehicles purchased for a school district fleet must be ZEVs.
Note that a school district utilizing the Model Year Schedule option that is either (a) located in a designated low-population county or (b) owns, leases, or operates ten or fewer vehicles in its fleet, then the school district only needs to comply with the January 1, 2027, 100% requirement and not the January 1, 2024, 50% requirement.
ZEV Milestones Option
The ZEV Milestones option focuses on the percentage of ZEVs across a school district’s entire fleet. This option allows for phasing ZEVs into a school district’s fleet between 2025 and 2042, depending on the type of vehicle and its usage.
Starting January 1, 2025, school districts choosing this option must continuously meet or exceed the ZEV Fleet Milestone percentage obligation requirements, which is calculated via Table A below:
Note that the ZEV Milestones option is available for school districts to opt-into by January 1, 2030, and a school district cannot switch back to the Model Year Schedule Option if it ultimately decides to use the ZEV Milestones option. While the ZEV Milestone approach offers more flexibility, the calculations for ensuring compliance can be tricky and consultation with an attorney is recommended.
What are the Pros/Cons of Each Option?
The Model Year Schedule is straightforward and convenient because it only concerns school districts that are adding to or replacing existing vehicles with a gross vehicle weight rating greater than 8,500 pounds, whereas the ZEV Milestones option applies to a school district’s entire fleet.
However, the ZEV Milestones option allows school districts to “ramp up” or phase-in ZEVs into its fleet since the percentage in the early years is lower than the 50% requirement of the Model Year Schedule option. The ZEV Milestones option also defers specialty and work vehicles until later in the timeline.
Generally speaking, the ZEV Milestones Option might align better with a school district that turns its vehicles over more frequently, while the Model Year Schedule may be better suited for school districts that hold onto their vehicles for a longer time.
Are There Any Vehicle Exemptions or Extensions Applicable to the Requirements Above?
Yes, there are many variations to the rules, such as an exemption for school buses. Legal counsel can help determine whether any exemptions or extensions apply to an individual district’s situation.
What are the CARB Reporting Requirements and Penalties for a Failure to Comply?
School districts must submit a compliance report online through the CARB Advanced Clean Fleets reporting portal annually each March (Model Year Schedule) or January (ZEV Milestones) until the year 2045. The initial reporting deadline was April 1, 2024, for the Model Year Schedule and February 1, 2024, for ZEV Milestones; school districts that wait to submit their initial reporting information until after January 1, 2025, are subject to penalties.
Also note that additional reporting requirements apply when a school district adds or removes an applicable vehicle from its fleet.
The information provided herein is intended solely as a brief summary of the California Air Resources Board Advanced Clean Fleets Regulation as it pertains to school districts. It does not constitute a comprehensive or detailed description of the regulation and should not be relied upon as legal advice. For a more thorough explanation and for specific legal guidance, please consult a qualified attorney.