CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1425● Una acomodación razonable relacionados con 
una incapacidad.
Para solicitar estas comodidades especiales o 
necesidades de otro idioma, por favor llame a la 
oficina del Consejo al cotb@arb.ca.gov  o ( 9 1 6) 3 22–
5594 lo más pronto posible, pero no menos de 10 días 
de trabajo antes del día programado para la audiencia 
del Consejo. TTY/TDD/Personas que necesiten este 
servicio pueden marcar el 711 para el Servicio de 
Retransmisión de Mensajes de California.
AGENCY CONTACT PERSONS
Inquiries concerning the substance of the proposed 
regulatory action may be directed to the agency 
representative Krista Fregoso, Air Pollution Specialist, 
Strategic Planning and Development Section at krista.
fregoso@arb.ca.gov  or (designated back–up contact) 
James Goldstene, Vehicle Program Specialist, 
Enforcement Division, at james.goldstene@arb.ca.gov .
AVAILABILITY OF DOCUMENTS
CARB staff has prepared a Staff Report: Initial 
Statement of Reasons (ISOR) for the proposed 
regulatory action, which includes a summary of the 
economic and environmental impacts of the proposal. 
The report is entitled: Public Hearing to Consider the 
Proposed Heavy–Duty Inspection and Maintenance 
Regulation.
Copies of the ISOR and the full text of the proposed 
regulatory language, may be accessed on CARB’s 
website listed below, on October 8, 2021. Please 
contact Chris Hopkins, Regulations Coordinator, 
at chris.hopkins@arb.ca.gov  or (916) 445–9564 if 
you need physical copies of the documents. Because 
of current travel, facility, and staffing restrictions, 
the California Air Resources Board’s offices have 
limited public access. Pursuant to Government Code 
section 11346.5, subdivision (b), upon request to the 
aforementioned Regulations Coordinator, physical 
copies would be obtained from the Public Information 
Office, California Air Resources Board, 1001 I Street, 
Visitors and Environmental Services Center, First 
Floor, Sacramento, California, 95814.
Further, the agency representative to whom 
nonsubstantive inquiries concerning the proposed 
administrative action may be directed is Chris 
Hopkins, Regulations Coordinator, (916) 445–9544. 
The Board staff has compiled a record for this 
rulemaking action, which includes all the information 
upon which the proposal is based. This material is 
available for inspection upon request to the contact 
persons.HEARING PROCEDURES
The public hearing will be conducted in accordance 
with the California Administrative Procedure Act, 
Government Code, title 2, division 3, part 1, chapter 
3.5 (commencing with section 11340).
Following the public hearing, the Board may take 
action to approve for adoption the regulatory language 
as originally proposed, or with non–substantial or 
grammatical modifications. The Board may also 
approve for adoption the proposed regulatory language 
with other modifications if the text as modified is 
sufficiently related to the originally proposed text 
that the public was adequately placed on notice and 
that the regulatory language as modified could result 
from the proposed regulatory action. If this occurs, 
the full regulatory text, with the modifications clearly 
indicated, will be made available to the public, 
for written comment, at least 15–days before final 
adoption.
The public may request a copy of the modified 
regulatory text from CARB’s Public Information 
Office, Air Resources Board, 1001 I Street, Visitors 
and Environmental Services Center, First Floor, 
Sacramento, California, 95814.
FINAL STATEMENT OF  
REASONS A VAILABILITY
Upon its completion, the Final Statement of Reasons 
(FSOR) will be available and copies may be requested 
from the agency contact persons in this notice, or may 
be accessed on CARB’s website listed below.
INTERNET ACCESS
This notice, the ISOR and all subsequent regulatory 
documents, including the FSOR, when completed, are 
available on CARB’s website for this rulemaking at 
https://ww2.arb.ca.gov/rulemaking/2021/hdim2021
TITLE 13.  AIR RESOURCES BOARD
NOTICE OF PUBLIC  
HEARING TO CONSIDER PROPOSED 
AMENDMENTS TO THE SMALL 
OFF–ROAD ENGINE REGULATIONS: 
TRANSITION TO ZERO EMISSIONS
The California Air Resources Board (CARB or 
Board) will conduct a public hearing at the date and 
time noted below to consider approving for adoption 
the Proposed Amendments to the Small Off–Road 
Engine Regulations: Transition to Zero Emissions 
(hereinafter referred to as the Proposed Amendments).
CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1426Date: December 9, 2021  
Time: 9:00 a.m.
This public meeting may continue at 8:30 a.m., on 
December 10, 2021. Please consult the public agenda, 
which will be posted ten days before the December 9, 
2021, Board Meeting, for important details, including, 
but not limited to, the day on which this item will be 
considered and any appropriate direction regarding a 
possible remote–only Board Meeting. If the meeting is 
to be held in person — in addition to remote access — 
it will be held at the California Air Resources Board, 
Byron Sher Auditorium, 1001 I Street, Sacramento, 
California 95814.
WRITTEN COMMENT PERIOD AND 
SUBMITTAL OF COMMENTS
In accordance with the Administrative Procedure 
Act, interested members of the public may present 
comments orally or in writing during the hearing and 
may provide comments by postal mail or by electronic 
submittal before the hearing. The public comment 
period for this regulatory action will begin on October 
15, 2021. Written comments not submitted during 
the hearing must be submitted on or after October 
15, 2021, and received no later than November 29, 
2021.  Comments submitted outside that comment 
period are considered untimely. CARB may, but is not 
required to, respond to untimely comments, including 
those raising significant environmental issues. The 
Board also encourages members of the public to bring 
to the attention of staff in advance of the hearing 
any suggestions for modification of the proposed 
regulatory action. Comments submitted in advance of 
the hearing must be addressed to one of the following:
Postal mail: Clerks’ Office, California  
  Air Resources Board  
  1001 I Street, Sacramento  
  California 95814  
Electronic submittal : 
https://www.arb.ca.gov/lispub/comm/bclist.php
Please note that under the California Public Records 
Act (Gov. Code, §  6250 et seq.), your written and 
oral comments, attachments, and associated contact 
information (e.g., your address, phone, email, etc.) 
become part of the public record and can be released 
to the public upon request.
Additionally, the Board requests but does not 
require that persons who submit written comments to 
the Board reference the title of the proposal in their 
comments to facilitate review.AUTHORITY AND REFERENCE
This regulatory action is proposed under the 
authority granted in California Health and Safety Code, 
sections 39600, 39601, 43013, 43018, 43101, 43102, 
and 43104. This action is proposed to implement, 
interpret, and make specific sections 43013, 43017, 
43018, 43101, 43102, 43104, 43150–43154, 43205.5, 
and 43210–43212.
INFORMATIVE DIGEST OF  
PROPOSED ACTION AND POLICY 
STATEMENT OVERVIEW  
(Gov. Code, § 11346.5, subdivision (a)(3))
Sections Affected:
Proposed amendment to California Code of 
Regulations, title 13, sections 2400, 2401, 2402, 2403, 
2404, 2405, 2405.1, 2405.2, 2405.3, 2406, 2407, 2408, 
2408.1, 2750, 2752, 2753, 2754, 2754.1, 2754.2, 2755, 
2756, 2757, 2758, 2759, 2761, 2762, 2763, 2764, 2765, 
2766, 2767, 2767.1, and 2771.
Proposed adoption of California Code of 
Regulations, title 13, sections 2408.2 and 2754.3.
Proposed repeal of California Code of Regulations, 
title 13, section 2768.
Documents Incorporated by Reference (Cal. Code 
Regs., title 1, §  20, subdivision (c)(3)):
The following certification and test procedures and 
standards would be incorporated by reference in the 
specified sections of the regulations:
● CARB. Small Off–Road Engine Evaporative 
Emissions Test Procedure, TP–901, Test 
Procedure for Determining Permeation 
Emissions from Small Off–Road Engine Fuel 
Tanks. Adopted July 26, 2004, amended in this 
rulemaking. Sections 2755(b) and 2758(b)(4)
(A)2.
● CARB. Small Off–Road Engine Evaporative 
Emissions Test Procedure, TP–902, Test Procedure 
for Determining Evaporative Emissions from 
Small Off–Road Engines. Adopted July 26, 2004, 
amended in this rulemaking. Section 2758(a)(4)
(B).
● CARB. Small Off–Road Engine Evaporative 
Emission Control System Certification Procedure, 
CP–902, Certification Procedure for Evaporative 
Emission Control Systems on Small Off–Road 
Engines. Adopted July 26, 2004, amended in this 
rulemaking. Section 2753(a).
● CARB. California Exhaust Emission Standards 
and Test Procedures for New 2013 and Later Small 
Off–Road Engines; Engine–Testing Procedures 
(Part 1054). Adopted October 25, 2012, amended 
in this rulemaking. Section 2403(d).
CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1427● CARB. California Exhaust Emission Standards 
and Test Procedures for New 2013 and Later Small 
Off–Road Engines; Engine–Testing Procedures 
(Part 1065). Adopted October 25, 2012, amended 
in this rulemaking. Section 2403(d).
The above listed documents are also being amended 
by this proposed regulatory action, and thus the 
amendment date would be the date that the regulations 
are adopted by CARB. These documents are attached 
as separate appendices in the Staff Report: Initial 
Statement of Reasons (ISOR) with full proposed 
regulatory language illustrated in underline and 
strikeout.
The Proposed Amendments also incorporate by 
reference in the specified sections of the regulations 
the following documents that were not previously 
incorporated. These are copyrighted documents and 
will be on file as part of the public record.
● American National Standards Institute, Inc. 
(ANSI)/National Electrical Manufacturers 
Association (NEMA). 2016. ANSI/NEMA 
WD 6–2016, Wiring Devices — Dimensional 
Specifications. ANSI Approval Date: February 
11, 2016. Copyrighted. Section 2401(a)(36).
● American National Standards Institute, Inc. 
(ANSI)/Outdoor Power Equipment Institute 
(OPEI). 2018. ANSI/OPEI B71.10–2018, 
American National Standard for Off–Road 
Ground–Supported Outdoor Power Equipment 
— Gasoline Fuel Systems — Performance 
Specifications and Test Procedures. Published 
November 12, 2018. Copyrighted. Section 
2752(a)(3).
● SAE International. 2011. Surface Vehicle 
Standard SAE J1527, Marine Fuel Hoses. 
Revised February 2011. Copyrighted. Section  
2752(a)(29).
● SAE International. 2012. Surface Vehicle 
Standard SAE J30, Fuel and Oil Hoses. 
Revised February 2012. Copyrighted. Section  
2752(a)(28).
● SAE International. 2013. Surface Vehicle 
Recommended Practice SAE J2996, Small 
Diameter Fuel Line Permeation Test Procedure. 
Issued January 2013. Copyrighted. Section 
2752(a)(32).
● SAE International. 2017. Surface Vehicle 
Recommended Practice SAE J1930, Electrical/
Electronic Systems Diagnostic Terms, 
Definitions, Abbreviations, and Acronyms —
Equivalent to ISO/TR 15031–2. Revised March 
2017. Copyrighted. Sections 2404(c)(4)(D) and 
2752(a)(31).
● SAE International. 2019. Surface Vehicle 
Recommended Practice SAE J1737, Test Procedure to Determine the Hydrocarbon Losses 
from Fuel Tubes, Hoses, Fittings, and Fuel Line 
Assemblies by Recirculation. Revised August 
2019. Copyrighted. Sections 2752(a)(30) and 
2754(b)(2).
The Proposed Amendments incorporate by reference 
in the specified sections the following documents that 
were not previously incorporated in the “California 
Exhaust Emission Standards and Test Procedures 
for New 2013 and Later Small Off–Road Engines; 
Engine–Testing Procedures (Part 1054)”:
● Title 40, Code of Federal Regulations, Part 
1051—Control of Emissions from Recreational 
Engines and Vehicles, section 1051.505. Last 
amended June 29, 2021. Section 1054.501(d).
● Title 40, Code of Federal Regulations, Part 1068—
General Compliance Provisions for Highway, 
Stationary, and Nonroad Programs, sections 
1068.103(f) and 1068.215. Last amended June 29, 
2021. Sections 1054.10(g) and 1054.601(b) and 
(c).
The Proposed Amendments incorporate by reference 
in section 1065.1010 and the specified sections 
the following documents that were not previously 
incorporated in the “California Exhaust Emission 
Standards and Test Procedures for New 2013 and Later 
Small Off–Road Engines; Engine–Testing Procedures 
(Part 1065)”. All of these documents except the CARB 
test procedures and certification procedure, federal 
test procedures, and National Institute of Standards 
and Technology (NIST) publications, are copyrighted 
documents. All of these documents will be on file as 
part of the public record.
● Title 40, Code of Federal Regulations, Part 
63, Appendix A—Test Methods, Test Method 
320—Measurement of Vapor Phase Organic 
and Inorganic Emissions by Extractive Fourier 
Transform Infrared (FTIR) Spectroscopy. Last 
amended December 2, 2020. Sections 1065.266 
and 1065.275.
● Title 40, Code of Federal Regulations, Part 86—
Control of Emissions from New and In–Use 
Highway Vehicles and Engines, section 86.132–
96(j). Last amended June 29, 2021. Section 
1065.405(e)(2) [re–lettered to 1065.405(f)(2) by 
the Proposed Amendments].
● Title 40, Code of Federal Regulations, Part 
1090—Regulation of Fuels, Fuel Additives, and 
Regulated Blendstocks. Last amended December 
4, 2020. Section 1065.701(d)(2).
● ASTM International. 1995. D2986 – 95a, Standard 
Practice for Evaluation of Air Assay Media by the 
Monodisperse DOP (Dioctyl Phthalate) Smoke 
Test. Approved September 10, 1995. Copyrighted. 
Section 1065.170(c).CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1428● ASTM International. 2009. F1471 — 09, Standard 
Test Method for Air Cleaning Performance of a 
High–Efficiency Particulate Air Filter System. 
Approved March 1, 2009. Copyrighted. Section 
1065.1001.
● ASTM International. 2010. D5291 — 10, Standard 
Test Methods for Instrumental Determination of 
Carbon, Hydrogen, and Nitrogen in Petroleum 
Products and Lubricants. Approved May 1, 2010. 
Copyrighted. Section 1065.655(e) .
● ASTM International. 2010. D5599 — 00 
(Reapproved 2010), Standard Test Method for 
Determination of Oxygenates in Gasoline by Gas 
Chromatography and Oxygen Selective Flame 
Ionization Detection. Approved October 1, 2010. 
Copyrighted. Sections 1065.655(e) .
● ASTM International. 2012. D4629 — 12, 
Standard Test Method for Trace Nitrogen in 
Liquid Petroleum Hydrocarbons by Syringe/Inlet 
Oxidative Combustion and Chemiluminescence 
Detection. Approved April 15, 2012. Copyrighted. 
Section 1065.655(e) .
● ASTM International. 2012. D5762 — 12, 
Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat–Inlet 
Chemiluminescence. Approved April 15, 2012. 
Copyrighted. Section 1065.655(e) .
● ASTM International. 2012. D6348 — 12ε1, 
Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct 
Interface Fourier Transform Infrared (FTIR) 
Spectroscopy. Approved February 1, 2012. 
Copyrighted. Sections 1065.266(b) and 
1065.275(b) .
● ASTM International. 2020. D1835 — 20, 
Standard Specification for Liquefied Petroleum 
(LP) Gases. Approved May 1, 2020. Copyrighted. 
Section 1065.701 .
● CARB. 2012. California 2001 through 2014 
Model Criteria Pollutant Exhaust Emission 
Standards and Test Procedures and 2009 through 
2016 Model Greenhouse Gas Exhaust Emission 
Standards and Test Procedures for Passenger 
Cars, Light–Duty Trucks, and Medium–Duty 
Vehicles. Amended December 6, 2012. Section 
1065.701 .
● CARB. 2018. California 2015 and Subsequent 
Model Criteria Pollutant Exhaust Emission 
Standards and Test Procedures and 2017 and 
Subsequent Model Greenhouse Gas Exhaust 
Emission Standards and Test Procedures 
for Passenger Cars, Light–Duty Trucks, and 
Medium–Duty Vehicles. Amended December 19, 
2018. Section 1065.701 .● GPA Midstream Association. 2017. GPA 
Midstream Standard 2140–17, Liquefied 
Petroleum Gas Specifications and Test Methods. 
Adopted as Recommended Procedures 1931, 
revised 2017. Copyrighted. Section 1065.701 .
● International Organization for Standardization 
(ISO). 2020. ISO 8178–1, Reciprocating internal 
combustion engines — Exhaust emission 
measurement — Part 1: Test–bed measurement 
systems of gaseous and particulate emissions. 
Reference number ISO 8178–1:2020(E). Published 
June 2020. Copyrighted. Section 1065.601(c)(1) .
● NIST. 1994. NIST Technical Note 1297, 1994 
Edition, Guidelines for Evaluating and Expressing 
the Uncertainty of NIST Measurement Results. 
September 1994. Section 1065.1001 .
● NIST. 2008. NIST Special Publication 811, 2008 
Edition, Guide for the Use of the International 
System of Units (SI). March 2008. Sections 
1065.20(a) and 1065.1005 .
● SAE International. 2011. Surface Vehicle 
Recommended Practice SAE J1151, Methane 
Measurement Using Gas Chromatography. 
Stabilized September 2011. Copyrighted. 
Sections 1065.267(b) and 1065.750(a)(2)(i) .
Background and Effect of the Proposed Regulatory 
Action:
Background:
Small off–road engines (SORE) are spark–ignition 
engines rated at or below 19 kilowatts (kW). Emissions 
from SORE occur both when the engine is running 
(exhaust and evaporative emissions) and when it is 
not running (evaporative emissions). CARB regulates 
SORE emissions by adopting and enforcing emission 
standards, and certification and test procedures, for 
engines produced for sale or lease for use or operation 
in California (collectively, SORE regulations).
Section 209(e) of the federal Clean Air Act 
uniquely grants the State of California the authority 
to adopt and enforce emission standards and other 
requirements relating to the control of emissions 
from new nonroad engines or vehicles within the 
state, which includes SORE. California is, effectively, 
allowed an exemption from federal Clean Air Act 
provisions that otherwise prevent states from setting 
their own emission standards for these nonroad mobile 
sources. The exemption recognizes California’s long 
standing air pollution challenges and pioneering work 
to reduce mobile source emissions. Under section 209, 
subsection (e)(1) of the federal Clean Air Act, “New 
engines which are used in construction equipment or 
vehicles or used in farm equipment or vehicles and 
which are smaller than 175 horsepower” are preempt 
from CARB’s emission standards and only subject CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1429to emission standards from the U.S. Environmental 
Protection Agency (U.S. EPA).
CARB adopted the first SORE regulations in 1990 
when setting the first exhaust emission standards. 
The exhaust emission regulations include emission 
standards for hydrocarbons (HC), oxides of nitrogen 
(NOx), carbon monoxide (CO), and particulate 
matter (PM). The exhaust emission standards were 
implemented in two tiers between model years (MYs) 
1995 and 2002. CARB adopted further exhaust 
emission standards and the first CARB evaporative 
emission standards for SORE in 2003. The most recent 
SORE exhaust emission standards were implemented 
between MYs 2000 and 2008. The evaporative 
emission standards were implemented between MYs 
2006 and 2013. The most recent amendments to the 
evaporative emission regulations were adopted in 
2016, following validation studies that found low rates 
of compliance with existing emission standards. A 
major purpose of those amendments was to increase 
compliance rates and facilitate compliance testing and 
enforcement actions.
In September 2020, Governor Gavin Newsom 
issued Executive Order (EO) N–79–20, which sets a 
goal to “transition to 100 percent zero–emission off–
road vehicles and equipment by 2035 where feasible.” 
EO N–79–20 specifically directs CARB, to the extent 
consistent with State and federal law, to develop and 
propose strategies, in coordination with other state 
agencies, U.S. EPA, and local air districts, to achieve 
100 percent zero–emission from off–road vehicles 
and equipment operations in the State by 2035. The 
EO further states that in implementing the strategies, 
CARB “shall act consistently with technological 
feasibility and cost–effectiveness.”
The 2016 State SIP Strategy includes control 
measures to achieve the reductions necessary from 
mobile sources, including SORE, fuels, and consumer 
products, to meet the national ambient air quality 
standards (NAAQS) for ozone and PM2.5 (PM with 
diameter of 2.5 micrometers or smaller). The 2016 State 
SIP Strategy includes a measure to reduce statewide 
NOx and ROG emissions from SORE by an estimated 
4 and 36 tons per day (tpd), respectively, in 2031. The 
2016 State SIP Strategy also includes region–specific 
goals for the South Coast Air Basin (reduce NOx 
emissions by 2 tpd and ROG emissions by 16 tpd) 
and the San Joaquin Valley (reduce NOx emissions 
by 0.3 tpd). Additionally, the 2016 State SIP Strategy 
includes a measure for “Further Deployment of 
Cleaner Technologies: Off–Road Equipment” specific 
to the South Coast Air Basin. The goal of this measure 
is to achieve 18 tpd of NOx emission reductions and 
20 tpd of ROG emission reductions by 2031, but the 
measure does not specify the source of the reductions. 
As described in the 2016 State SIP Strategy, this measure would accelerate the penetration of near–
zero and zero–emission equipment. The Proposed 
Amendments would help achieve the further emission 
reductions expected under this measure.
ZEE are available for most small off–road equipment 
categories, including lawn and garden equipment and 
utility equipment, for both residential and professional 
use. The level of performance, number of brands, and 
number of equipment options have increased greatly 
and continue to do so today. At present, there are at least 
35 brands of zero–emission lawn mowers available, 
with several brands directed at professional users. 
While adoption rates for ZEE among professional 
landscapers are lower than for residential users, 
there is substantial evidence that all new small off–
road equipment can be zero–emission. Using ZEE is 
technologically feasible and can offer significant cost–
savings to professional users. There are at least 12 
brands of zero–emission lawn and garden equipment 
designed for professional users available for sale.
Summary and Effect of Proposed Regulatory Action:
The Proposed Amendments would accelerate 
the transition of SORE equipment to ZEE. SORE 
equipment and ZEE are collectively referred to as 
small off–road equipment. Deployment of ZEE is key 
to meeting the expected emission reductions in the 
2016 State SIP Strategy and the goals of EO N–79–20. 
The Proposed Amendments would update emission 
standards for new SORE (engines or equipment 
produced for sale or lease for use or operation in 
California) and would not affect equipment already in 
use. This would be achieved by setting SORE emission 
standards to zero in two phases. First, for model year 
(MY) 2024 and all subsequent model years, exhaust 
emission standards would be set to zero (0.00 grams 
per kilowatt–hour or g•kWh–1), except for carbon 
monoxide (CO). Evaporative emission standards would 
also be set to zero (0.00 grams per test or g•test–1). The 
evaporative emission standards would include “hot 
soak” emissions (representing emissions that occur 
when placing a hot engine in storage after use on a 
hot summer day) to better evaluate emissions from 
real–world use of SORE equipment. These emission 
standards of zero would apply for engines used in 
all equipment types produced for sale or lease for 
operation in California, except generators. Generator 
emission standards would be more stringent than the 
existing emission standards starting in MY 2024, 
but would not be zero. The second phase would be 
implemented starting in MY 2028, when the emission 
standards for generators would be zero.
The Proposed Amendments would also amend 
existing emission reduction credit programs to improve 
consistency and add flexibility for manufacturers. The 
exhaust emission regulations include an emission 
reduction credit averaging, banking, and trading CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1430(ABT) program, where manufacturers can generate 
credits with engines that emit below the emission 
standards and use them to produce engines that 
emit above the emission standards. This averaging 
of emissions gives manufacturers the flexibility 
to certify those higher–emitting engines. Exhaust 
emission reduction credits may be banked for up to 
five years, to be used later, or may be traded with other 
manufacturers. The existing evaporative emission 
reduction credit program only includes averaging and 
banking. In the Proposed Amendments, trading would 
be added to the evaporative credit program. New zero 
emission generator credit programs would be added to 
the ABT programs, which would allow manufacturers 
to earn emission reduction credits for zero–emission 
generators.
Other Proposed Amendments to the regulations 
include sunsetting the voluntary “Blue Sky Series” 
engine requirements and repealing the variance 
provisions in the evaporative emission regulations. 
The Blue Sky Standards were developed to allow 
manufacturers to receive recognition for certifying to 
lower emission standards, but CARB has no record of 
any manufacturer taking advantage of the program 
for engines. Under the current evaporative emission 
regulations, a manufacturer that cannot meet one or 
more requirements, due to extraordinary reasons 
beyond the manufacturer’s reasonable control, may 
apply in writing for a variance. Repealing the variance 
provisions would ensure equity for all manufacturers, 
because all manufacturers would be required to meet 
the requirements of the regulations. Additionally, the 
Proposed Amendments to the evaporative emission 
test procedures would add further instructions for 
a fuel tank pressure test, a new fuel cap and tether 
test, a tilt test to check for fuel leaks, and instructions 
for accelerated preconditioning of engines. The 
Proposed Amendments to evaporative emissions test 
procedure TP–901 would ensure fuel tank testing 
configurations were closer to those of production fuel 
tanks by requiring the hole for a fuel line and grommet 
system to be present in the fuel tanks and requiring 
fuel tanks to be tested with the same production fuel 
cap throughout testing. Evaporative emission control 
system certification procedure CP–902 would be used 
for all engines, including those with displacement less 
than 80 cc, which currently use a different certification 
procedure.
Most of the Proposed Amendments to the exhaust 
emission test procedures are intended to align them 
with updates to the federal test procedures that have 
been adopted since CARB adopted its test procedures. 
The Proposed Amendments also include California–
specific changes necessary to maintain the stringency 
of California emission standards, provide consistency 
with other California SORE regulations, prevent redundant effort and confusion for testers, or provide 
additional flexibility. For example, the requirements 
for exhaust emission compliance testing would 
be changed from testing “a reasonable number of 
engines” to “one or more engines.” Procedure text that 
provides examples based on equipment or fuel types 
that are not relevant to SORE, such as locomotives 
and compression–ignition engines, would be 
removed to prevent confusion. References to NIST–
traceable standards would be changed to Système 
International d’Unités  (SI)–traceable standards to 
allow flexibility for manufacturers around the world 
to use other recognized international standards while 
still maintaining the consistency necessary to ensure 
test data accuracy, precision, and comparability to the 
emission standards.
CARB may also consider other changes to the 
sections affected, as listed on page 2 of this notice, 
during the course of this rulemaking process.
Objectives and Benefits of the Proposed Regulatory 
Action:
Emission and Health Benefits:
Under the Proposed Amendments, significant 
r e d u c t io n s  i n  b o t h  NOx and ROG emissions would begin 
in calendar year 2025. In 2031, the expected summer 
average emission reductions would be 7.9 tpd of NOx 
and 64.5 tpd of ROG. These represent 43 percent and 
51 percent reductions of NOx and ROG, respectively, 
compared to the emissions in the absence of the 
Proposed Amendments. These emission reductions 
would meet the expected emission reductions put forth 
for SORE in the 2016 State SIP Strategy and result in 
public health benefits.
From 2023 through 2043, the Proposed Amendments 
would result in cumulative total emission reductions 
of approximately 59,307 tons of NOx and 423,240 tons 
of ROG from 2023 through 2043, compared to the 
emissions in the absence of the Proposed Amendments. 
Such emission reductions would decrease the amount 
of adverse health impacts in California. Through 2043, 
premature deaths due to cardiopulmonary causes 
would decrease by 892; emergency room visits for 
asthma would decrease by 438; and acute respiratory 
and cardiovascular hospitalizations would decrease by 
169 and 142, respectively.
The health benefits are monetized in accordance 
with U.S. EPA practice. The estimated value of the 
accrued statewide health benefit derived from criteria 
emission reductions is about $8.82 billion, with $8.80 
billion resulting from reduced premature mortality and 
$17.2 million resulting from reduced hospitalizations 
and emergency room visits for asthma.
The Proposed Amendments would decrease the use 
of fossil fuels in California, which would decrease 
carbon dioxide and other greenhouse gas (GHG) 
emissions. The benefit of the GHG emission reductions CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1431can be estimated using the Social Cost of Carbon, 
which calculates benefits between $339 million and 
$1.43 billion through 2043, depending on the discount 
rate.
In addition to reduced emissions, ZEE offer a number 
of other benefits to operators when compared to SORE 
equipment. ZEE are quieter, which reduces noise at 
the worksite as well as in the community where the 
equipment is operating. SORE equipment frequently 
creates noise above the threshold of 85 decibels set by 
the Occupational Health and Safety Administration 
(OSHA). OSHA requires employers to implement a 
hearing conservation program when employees may 
be exposed to noise above this threshold. The sound 
from ZEE is typically below the 85 decibel threshold. 
Specifically related to gasoline–powered lawn and 
garden equipment, it has been shown that the noise 
exposure and associated health effects from these will 
be more pronounced in workers because they will 
be operating in close proximity to this equipment 
for a significant amount of time, such as an 8–hour 
work day. These workers often lack resources to 
protect themselves from high noise levels such as 
using hearing protection devices. Also, many local 
jurisdictions have noise ordinances that limit when 
small off–road equipment can be used. By choosing 
ZEE, users may have more flexible working hours 
with their equipment.
Furthermore, SORE are known to emit CO, PM2.5, 
and toxic air contaminants (TAC). CO poisoning can 
occur when users follow manufacturers’ instructions 
and from improper use of SORE equipment, including 
using the equipment indoors. TACs are compounds 
that may contribute to mortality or adverse human 
health effects such as cancer, eye and lung impacts, and 
reproductive and developmental effects. By choosing 
ZEE, users would have less exposure to CO and TACs.
Economic Impacts and Benefits:
ZEE often have a higher purchase price than 
SORE equipment but frequently provide operational 
savings in terms of lower fuel and maintenance costs. 
Maintenance is much less intensive and required less 
frequently on ZEE. Having more durable equipment 
that is not taken out of service for maintenance reduces 
the need for backup equipment and spare parts. Overall, 
the Proposed Amendments would have a net direct cost 
of $4.08 billion accrued over the modeled regulatory 
horizon of 2023 through 2043. Residential users 
are expected to experience a net direct cost accrued 
through 2043 of $2.79 billion, while professional 
users (nonlandscaping businesses, landscapers, and 
government entities) are expected to experience a net 
direct cost of $1.29 billion. When health benefits are 
considered, the Proposed Amendments are estimated 
to have a net benefit of $4.27 billion accrued through 
2043. Overall, the Proposed Amendments would have a benefit–cost ratio of 1.30, meaning the monetized 
benefits are greater than the costs.
Public Process:
CARB staff held public workshops and attended 
meetings with interested stakeholders during 
the development of the Proposed Amendments. 
Stakeholders’ comments during and after these 
informal pre–rulemaking discussions provided staff  
with useful information that staff considered during 
development of the Proposed Amendments. Key 
elements of the public process that staff conducted to 
inform the development of the Proposed Amendments 
are described below.
1. Informational Briefing to the CARB Board 
during a Public Meeting
CARB staff presented an update on zero–emission 
alternatives to SORE to the CARB Board in November 
2018. Staff described demonstration projects that 
provide professional landscapers an opportunity to 
use and test professional–grade battery–operated 
landscaping equipment. Additionally, staff provided 
information on cities in California that had already 
replaced their SORE municipal landscaping 
equipment with ZEE. Staff noted that some colleges 
and universities in California are also on the path to 
adopt ZEE to replace their SORE equipment. There 
was a showcase of ZEE outside the meeting room 
with eight manufacturers and businesses showing 
their newest ZEE. A similar showcase of ZEE was 
conducted in the November 2016 Board meeting.
2. Participation in Conventions and Community 
Meetings
CARB staff attended four conventions held 
for landscapers in California, which provided 
opportunities for staff to inform professional 
landscapers about potential regulatory changes 
and about ZEE capabilities and availability. CARB 
staff also gave presentations at several meetings 
attended by landscapers and local decision makers 
in California, including the Pleasanton Committee 
on Energy and the Environment in January 2019, the 
San Francisco Integrated Pest Management Technical 
Advisory Committee in March 2019, the San Mateo 
Integrated Pest Management Workshop in April 2019, 
the San Francisco Commission on the Environment 
in November 2019, and the Tri Valley Air Quality 
Community Alliance in April 2021.
3. Public Workshops Organized by CARB Staff
CARB staff held three public workshops on SORE 
rulemaking from 2019 through early 2021. The 
workshops focused on various regulatory concepts 
including timelines to transition to ZEE and specific 
potential changes to test and certification procedures. 
Workshops were attended by manufacturers, industry 
groups, environmental groups, and interested citizens.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
14324. ZEE Roadshow
Since 2018, CARB staff has operated a demonstration 
project called the ZEE Roadshow, where several 
brands of zero–emission lawn and garden equipment 
designed for professional use are loaned to landscaping 
crews throughout the state. This provides them with 
an opportunity to use ZEE without purchasing it. The 
response has been overwhelmingly positive, with 
nearly all crews finding at least one ZEE type that they 
preferred over SORE equipment. Landscaping crews 
receiving the ZEE Roadshow have included theme 
parks, colleges and universities, school districts, and 
municipal organizations.
Comparable Federal Regulations:
When California’s SORE exhaust emission standards 
were adopted in 1990, and when California’s SORE 
evaporative emission standards were adopted in 2003, 
no comparable federal rules existed. In 1995, U.S. 
EPA adopted Title 40, Code of Federal Regulations 
(40 CFR) Part 90, to control exhaust emissions from 
new nonroad spark–ignition engines at or below 19 
kW, and in 2008, U.S. EPA adopted CFR Parts 1054 
and 1060 to control exhaust emissions from new, small 
nonroad spark–ignition engines and equipment and 
evaporative emissions from new and in–use nonroad 
and stationary equipment, respectively. Subsequent 
California rulemakings in 2011 and 2016 helped to 
align California’s exhaust and evaporative test and 
certification procedures with federal requirements, but 
differences remain between the two sets of regulations.
Although staff has made an effort to align California 
requirements with federal requirements as much 
as possible, significant additional stringency in 
California regulations of SORE is justified in light of 
California’s unique air quality concerns. Low rates of 
compliance with evaporative emission standards in 
CARB’s validation studies, compliance testing, and 
other testing suggest the expected emission reduction 
benefits of CARB’s regulations have not been 
completely realized. Replacing new SORE equipment 
with ZEE would ensure emission reductions are 
achieved, as expected under the 2016 State SIP Strategy. 
California’s exhaust and evaporative regulations for 
this category, as specified in title 13, California Code 
of Regulations, sections 2400–2409 and 2750–2774, 
are already equivalent to or more stringent than the 
existing federal standards.
An Evaluation of Inconsistency or Incompatibility 
with Existing State Regulations (Gov. Code, 
§ 11346.5, subdivision (a)(3)(D)):
During the process of developing the proposed 
regulatory action, CARB conducted a search of any 
similar regulations on this topic and concluded these 
regulations are neither inconsistent nor incompatible 
with existing state regulations.DISCLOSURES REGARDING THE 
PROPOSED REGULATION
Fiscal Impact/Local Mandate Determination 
Regarding the Proposed Action (Gov. Code, 
§ 11346.5, subdivisions (a)(5)&(6)):
The determinations of the Board’s Executive 
Officer concerning the costs or savings incurred by 
public agencies and private persons and businesses in 
reasonable compliance with the proposed regulatory 
action are presented below.
Under Government Code sections 11346.5, 
subdivision (a)(5) and 11346.5, subdivision (a)(6), the 
Executive Officer has determined that the proposed 
regulatory action would create costs or savings to any 
State agency, would not create costs or savings in federal 
funding to the State, would create costs or mandate 
to any local agency or school district, whether or not 
reimbursable by the State under Government Code, 
title 2, division 4, part 7 (commencing with section 
17500), and would create other nondiscretionary cost 
or savings to State or local agencies.
Cost to Any Local Agency or School District Requiring 
Reimbursement under Section 17500 et seq.:
None. Because the regulatory requirements 
apply equally to all regulated entities and unique 
requirements are not imposed on local agencies or 
school districts, the Executive Officer has determined 
that the proposed regulatory action imposes no costs 
on local agencies or school districts that are required 
to be reimbursed by the State pursuant to part 7 
(commencing with section 17500), division 4, title 2 of 
the Government Code, and does not impose a mandate 
on local agencies or school districts that is required to 
be reimbursed pursuant to Section 6 of Article XIII B 
of the California Constitution.
Cost or Savings for State Agencies:
Agencies that own and operate small off–road 
equipment subject to the SORE regulations could be 
impacted by new costs and cost–savings due to the 
Proposed Amendments. These agencies are expected 
to bear higher upfront costs for new equipment 
under the Proposed Amendments, but also realize 
fuel and operational savings. The net of these costs 
and cost–savings represents a fiscal impact to the 
State government. Based on its 23 percent share 
of total government employment in California, the 
State would incur a $1.36 million incremental cost 
to comply with the Proposed Amendments accrued 
over the regulatory horizon of 2023 through 2043. 
Annual net cost–savings would not occur during the 
regulatory horizon.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1433Other Non–Discretionary Costs or Savings on Local 
Agencies:
Local agencies that own and operate small off–
road equipment under the SORE regulations could be 
impacted by new costs and cost–savings due to the 
Proposed Amendments. These agencies are expected 
to bear higher upfront costs for new equipment under 
the Proposed Amendments, but also realize fuel and 
operation savings. The net of these costs and cost–
savings represents a fiscal impact to local agencies. 
Based on its 77 percent share of total government 
employment in California, local government entities 
as a whole would incur a $4.54 million incremental 
cost to comply with the Proposed Amendments 
accrued over the regulatory horizon of 2023 through 
2043. Annual net cost–savings would not occur during 
the regulatory horizon.
Cost or Savings in Federal Funding to the State:
None. Pursuant to Government Code sections 
11346.5(a)(5) and 11346.5(a)(6), the Executive Officer 
has determined that the proposed regulatory action 
would not create costs or savings in federal funding 
to the State.
Housing Costs (Gov. Code, §  11346.5, subdivision 
(a)(12)):
The Executive Officer has also made the initial 
determination that the proposed regulatory action will 
not have a significant effect on housing costs.
Significant Statewide Adverse Economic Impact 
Directly Affecting Business, Including Ability to 
Compete (Gov. Code, §§  11346.3, subdivision (a), 
11346.5, subdivision (a)(7), 11346.5, subdivision  
(a)(8)):
The Executive Officer has made an initial 
determination that the proposed regulatory action 
would not have a significant statewide adverse 
economic impact directly affecting businesses, 
including the ability of California businesses to 
compete with businesses in other states, or on 
representative private persons.
Results of the Economic Impact Analysis/
Assessment (Gov. Code, §  11346.5, subdivision  
(a)(10)):
A detailed assessment of the economic impacts of 
the proposed regulatory action can be found in Chapter 
VII and Appendix I of the ISOR. Appendix I contains 
the Standardized Regulatory Impact Assessment with 
Department of Finance (DOF) comments.MAJOR REGULATION: STATEMENT OF 
THE RESULTS OF THE STANDARDIZED 
REGULATORY IMPACT ANALYSIS  (SRIA)  
(Gov. Code, § 11346.3, subdivision (c))
The creation or elimination of jobs within the state:
Employment comprises estimates of the number of 
jobs, full–time plus part–time, by place of work for all 
industries. Full–time and part–time jobs are counted at 
equal weight. Employees, sole proprietors, and active 
partners are included, but unpaid family workers and 
volunteers are not included. The employment impacts 
represent the net change in employment across the 
economy, which is composed of positive impacts for 
some industries and negative impacts for others. The 
Proposed Amendments are estimated to result in an 
initial decrease in employment growth that does not 
exceed 0.02 percent of baseline employment that 
diminishes towards the end of the regulatory horizon. 
In 2043, the Proposed Amendments are estimated 
to result in job gains of 707 across most economic 
sectors and 1,160 jobs foregone predominantly in the 
services and government sectors. The net job impact 
of the Proposed Amendments in 2043 is estimated to 
be a loss of 453 jobs.
The creation of new businesses or the elimination 
of existing businesses within the state:
The macroeconomic model used in this analysis 
cannot directly estimate the creation or elimination 
of businesses. Changes in jobs and output for the 
California economy can be used to understand some 
potential impacts. The overall jobs and output impacts 
of the Proposed Amendments are very small relative 
to the total California economy, representing changes 
less than 0.03 percent. However, impacts in some 
specific sectors are larger. The trend of decreasing 
production costs for the services to buildings and 
dwellings industry and has the potential to result in 
an expansion or increase in the number of businesses 
in this industry if sustained over time. The decreasing 
trend in demand for gasoline fuel following from the 
Proposed Amendments has the potential to result in a 
decrease in the number of businesses in this industry 
if sustained over time. The personal and household 
maintenance and repair industry sees the largest 
relative decrease in industry employment and output 
from the Proposed Amendments and may be indicative 
of potential business contraction or eliminations. In 
particular, staff expects small–engine repair shops 
to see significant impacts to their business. ZEE 
do not contain an engine and are expected to need 
significantly less repair than SORE equipment. The 
remaining revenue for these businesses would likely 
come from repair of equipment other than SORE, 
such as saws and hand tools, from repair that would CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1434be conducted on both ZEE and SORE, including blade 
sharpening, as well as from sales of new equipment.
The competitive advantages or disadvantages for 
businesses currently doing business within the 
state:
The small off–road equipment manufacturers that 
must comply with requirements of the Proposed 
Amendments are mostly based outside of California 
and therefore do not present any competitiveness 
impacts for this industry inside California. Small 
off–road equipment dealers may potentially find 
themselves at a competitive disadvantage as a result of 
the Proposed Amendments. Businesses, or individuals 
could purchase small off–road equipment out of 
state and bring it into California for use. Due to the 
small price differences on the household side of the 
market between SORE equipment and ZEE, this is 
unlikely to happen at the individual level. However, 
the higher upfront costs associated with professional 
ZEE may make this enticing for large businesses. The 
additional costs of transportation for purchasing and 
repair may prevent some of this. In contrast, online 
sales of noncompliant equipment are expected to 
be low, as CARB staff search for such equipment 
and have initiated enforcement mechanisms against 
online retailers selling noncompliant SORE. The 
requirements result in an incremental net savings 
to professional users of the equipment. These net 
savings are anticipated to be realized generally across 
professional users and are not anticipated to result in 
any competitive advantages or disadvantages within 
industries.
The increase or decrease of investment in the state:
Private domestic investment consists of purchases 
of residential and nonresidential structures and of 
equipment and software by private businesses and 
nonprofit institutions. It is used as a proxy for impacts 
on investments in California because it provides 
an indicator of the future productive capacity of the 
economy. The Proposed Amendments would cause a 
decrease of private investment by about $231 million 
in 2027 and an increase of $41 million in 2043, not 
exceeding 0.05 percent of baseline investment.
The incentives for innovation in products, 
materials, or processes:
The Proposed Amendments are written to provide 
maximum flexibility to manufacturers, while still 
meeting California’s air quality goals. A new zero–
emission generator credit program is being added 
to incentivize an earlier adoption of zero–emission 
generators by allowing credit generation to offset 
emissions from SORE.The benefits of the regulations, including, but not 
limited to, benefits to the health, safety, and welfare 
of California residents, worker safety, and the 
state’s environment and quality of life, among any 
other benefits identified by the agency:
The objective of the Proposed Amendments is 
to accelerate the replacement of SORE equipment 
produced for sale or lease for operation in California 
with ZEE. A transition to ZEE is not expected to 
occur without the Proposed Amendments. Without 
further regulation, the SORE equipment population 
is projected to be higher in 2043 than it is in 2021. 
Accelerating the adoption of ZEE would create public 
health benefits by reducing emissions and create the 
potential for cost–savings to users of small off–road 
equipment. A summary of these benefits is provided 
in the “Objectives and Benefits of the Proposed 
Regulatory Action” section of the Informative Digest 
of Proposed Action and Policy Statement Overview on 
page 10 of this document.
Department of Finance Comments and Responses:
DOF Comments:
Finance generally concurs with the methodology 
used to estimate impacts of the proposed regulations, 
with two exceptions.
1. The SRIA must be modified to include benefits—
such as avoided health costs and emissions 
reductions—on an annual basis.
2. Given that cost increases differ widely by type of 
equipment, the SRIA should include a cost and 
benefit breakdown analysis for each of the nine 
regulated product categories identified by CARB 
to identify impacts on representative individuals 
and businesses that use the equipment. The SRIA 
does so for certain types of businesses, such as 
for one–person landscaping businesses, which 
are projected to incur an upfront cost of $1,300 
to replace a lawnmower, leaf blower, hedge 
trimmer, chainsaw and string trimmer with zero 
emission equipment, and to save $1,800 per year 
due to reduced maintenance and operational 
costs. These discussions are helpful and should 
be extended to cover typical users of all types 
of equipment. CARB should then discuss any 
differential impact on individuals and businesses. 
For instance, the upfront costs of $1,300 to a 
one–person landscaping businesses are about 1 
percent of their average yearly revenue. However, 
a business that uses a pressure washer will incur 
an incremental upfront cost of $18,250, which is 
about 5 percent of the annual revenue for home 
and dwelling service businesses with less than 
20 employees. Therefore, businesses with low 
operating cash and savings might not be able to CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1435purchase the new equipment and might be driven 
out of business.
Responses:
1. In response to DOF’s request that annual benefits 
such as avoided health costs and emission 
reductions be added, staff has added tables 
delineating the annual reduction in emissions, 
reduction in negative health outcomes, and 
associated cost–benefits for both the Proposed 
Amendments and considered alternatives.
2. In response to DOF’s comment that the SRIA 
should include a cost and benefit breakdown 
analysis for each of the nine regulated product 
categories identified by CARB to identify impacts 
on representative individuals and businesses that 
use the equipment, staff has added more discussion 
of specific equipment types. The reasons for and 
impacts of the large upfront costs of switching to 
zero emission generators and pressure washers 
are now discussed. Furthermore, staff has added 
a table that shows the length of time it would take 
a typical owner of a piece of ZEE to experience 
cost–savings compared to SORE for each 
equipment type. This table shows that owners 
of some equipment types are expected to break 
even nearly immediately, and owners of other 
equipment types may not break even within the 
median lifetime of the equipment. Finally, staff  
has added more discussion of the differential 
impacts on residential versus professional users.
Business Report (Gov. Code, §§  11346.5, subdivision 
(a)(11); 11346.3, subdivision (d)):
In accordance with Government Code sections 
11346.5, subdivision (a)(11) and 11346.3, subdivision 
(d), the Executive Officer finds the reporting 
requirements of the proposed regulatory action which 
apply to businesses are necessary for the health, safety, 
and welfare of the people of the State of California. The 
Proposed Amendments include reporting requirements 
as part of the amendments for the voluntary emission 
reduction credit programs. Manufacturers that 
voluntarily seek to utilize the updated ABT program 
and the newly proposed zero–emission generator 
program under the Proposed Amendments would 
be required to report sales information, consistent 
with requirements for existing credit programs. The 
information contained in the reports is necessary for 
CARB to be able to verify compliance with emission 
credit program requirements, which is necessary 
to prevent potential inappropriate generation and 
subsequent use of credits that could lead to excess 
emissions. CARB staff expects such potential 
reporting costs would be negligible and would have no 
impact on costs to consumers because manufacturers 
would not be required to create new information. Manufacturers are already required to maintain and 
submit sales reports under current regulations for 
purposes of verifying compliance with production line 
testing, warranty, emission related defect reporting, 
recall, and emission reduction credit requirements.
Cost Impacts on Representative Private Persons 
or Businesses (Gov. Code, §  11346.5, subdivision  
(a)(9)):
In developing this regulatory proposal, CARB 
staff evaluated the potential economic impacts on 
representative private persons or businesses. As part 
of this evaluation, CARB contracted with the Social 
Science Research Center at California State University, 
Fullerton (CSUF) to conduct an intensive survey 
between 2017 and 2019 of households, nonlandscaping 
businesses, and landscapers on their ownership and 
use of small off–road equipment, and other related 
topics. The survey (referred to as CSUF survey) 
reached over 1,100 households, 1,300 businesses and 
600 landscaping businesses throughout the state.
Representative Individuals:
Individuals most likely to be affected by the 
Proposed Amendments are homeowners who do 
their own landscaping. More than half (56 percent) of 
California households do not own any lawn and garden 
equipment and they will not be directly impacted by 
the Proposed Amendments. The remaining 44 percent 
of households owning equipment could be impacted. 
From CSUF survey data, the three most frequently 
owned types of residential lawn and garden equipment 
are lawn mowers, leaf blowers, and string trimmers/
edgers/brush cutters. As an example, consider a new 
homeowner who needs these three pieces of equipment 
to maintain their yard. The upfront cost would be $326 
higher for ZEE than for SORE equipment. If all three 
pieces of equipment were purchased at once, it would 
take seven years after purchase for the homeowner to 
break even. Seven years is longer than the median ages 
from CSUF survey data for these three equipment 
types. However, a seven–year life is common for 
residential ZEE, and cost–savings are possible.
As a second example, staff assumed that an 
individual in a rural area may own a generator to run 
some electric equipment during a power outage, and a 
riding mower to maintain a large area of grass. Under 
the Proposed Amendments, the individual would 
incur an increase in upfront cost of $1,898 by having 
to purchase ZEE, assuming both pieces of equipment 
are purchased at once. At average use times, the 
individual would reach the break–even point before 
nine years of ownership. After ten years of ownership, 
the homeowner would have saved $400 by purchasing 
ZEE instead of SORE equipment. A ten–year life is 
common for these types of residential ZEE.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1436Representative Businesses:
A representative typical business is one that does 
not do landscaping work but may own small off–road 
equipment such as pumps and generators to maintain 
its own property or conduct work outdoors. Based on 
CSUF survey data, 15 percent of all businesses in the 
state that are not landscapers own at least one piece 
of lawn and garden equipment. Roughly 25 percent 
of all businesses surveyed had another piece of small 
off–road equipment such as a generator or pump. 
Therefore, most typical businesses would have no 
costs associated with the Proposed Amendments, as 
most do not own any small off–road equipment.
Effect on Small Business (Cal. Code Regs., title 1, 
§ 4, subdivisions (a) and (b)):
The Executive Officer has also determined under 
California Code of Regulations, title 1, section 4, that 
the proposed regulatory action would affect small 
businesses, because 99 percent of all landscaping 
businesses are considered small businesses. These 
businesses rely on small off–road equipment to do 
their work.
One third of all landscaping business owners 
surveyed in the CSUF survey responded that they 
do not have any employees. As an example, assume 
a sole proprietorship landscaping business needs to 
purchase a chainsaw, a lawn mower, a leaf blower, a 
string trimmer, and a hedge trimmer to conduct its 
work. Due to the Proposed Amendments, despite an 
increased upfront cost of $2,134 for a complete suite 
of ZEE, the landscaping business in this example 
would start saving money between two and three 
years after purchasing ZEE due to decreased fuel and 
maintenance costs. Most professional–grade lawn and 
garden equipment used by landscapers is less than five 
years old. Over five years, the landscaping business 
in this example would experience a cost–savings 
of $2,621. The increased upfront cost difference of 
$2,134 is roughly 1 percent of the average revenue of 
a landscaping business with fewer than 5 employees. 
This hypothetical example assumes that a landscaping 
business would purchase its ZEE all at once. In reality, 
ZEE purchase costs would likely be spread out over 
several years as landscapers purchase new ZEE when 
SORE equipment breaks.
Based on median populations from CSUF survey 
data, a small landscaping business with ten employees 
likely has three chainsaws, two lawn mowers, one 
riding mower, two leaf blowers, two string trimmers, 
and two hedge trimmers. Under the Proposed 
Amendments, this small landscaping business would 
incur an increase in upfront cost of $14,110, assuming 
all equipment is purchased at once. The ten–employee 
landscaping business in this example would reach a 
break–even point before five years of ZEE ownership. 
The cost–savings after five years of ownership, which corresponds to the median age of professional lawn 
and garden equipment, would be $238.62.
Other types of small businesses that will be 
impacted by the Proposed Amendments are outdoor 
power equipment stores (known as equipment dealers) 
and small engine repair shops. They are expected 
to be indirectly impacted due to lost revenue from 
the reduced maintenance requirements for ZEE. In 
California, there are 78 businesses that are classified 
as “home and garden equipment repair.” These 78 
businesses average $1.7 million per year in revenue, 
for a total of $132.6 million per year as of 2018. There 
are 334 business in California that are classified as 
outdoor power equipment stores. These businesses are 
also all small businesses and have $449.1 million per 
year in combined revenue as of 2018. Based on the 
estimated overall maintenance cost–savings to small 
off–road equipment purchasers under the Proposed 
Amendments, CARB staff estimated there would be 
an average annual lost revenue of $24.96 million per 
year expected for home and garden equipment repair 
and outdoor power equipment stores between 2023 
and 2043.
Consideration of Alternatives (Gov. Code, §  11346.5, 
subdivision (a)(13)):
Before taking final action on the proposed regulatory 
action, the Board must determine that no reasonable 
alternative considered by the Board, or that has 
otherwise been identified and brought to the attention 
of the Board, would be more effective in carrying 
out the purpose for which the action is proposed, 
would be as effective and less burdensome to affected 
private persons than the proposed action, or would be 
more cost–effective to affected private persons and 
equally effective in implementing the statutory policy 
or other provisions of law. CARB staff considered 
reasonable alternatives to the Proposed Amendments, 
as described in Chapter VIII of the ISOR.
STATE IMPLEMENTATION  
PLAN REVISION
If adopted by CARB, CARB plans to submit the 
proposed regulatory action to U.S. EPA for approval 
as a revision to the California State implementation 
Plan required by the federal Clean Air Act. The 
adopted regulatory action would be submitted as a 
State Implementation Plan revision because it amends 
regulations intended to reduce emissions of air 
pollutants in order to attain and maintain the NAAQS 
promulgated by U.S. EPA pursuant to the federal 
Clean Air Act.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1437ENVIRONMENTAL ANALYSIS
The Proposed Amendments are substantively 
similar to a regulatory concept measure previously 
included within CARB’s 2016 State SIP Strategy. 
In its approval of the 2016 State SIP Strategy, 
CARB certified an environmental analysis (EA), 
entitled Final Environmental Analysis for the 
Revised Proposed 2016 State Strategy for the State 
Implementation Plan (Final EA), that evaluated the 
impacts associated with the 2016 State SIP Strategy’s 
SORE regulatory measures. CARB identified 
mitigation for those impacts, evaluated overarching 
alternatives to the 2016 State SIP Strategy, and 
adopted a statement of overriding circumstances for 
impacts deemed significant and unavoidable. While 
the Proposed Amendments fill in more detail with 
respect to specifying the more stringent emission 
standards and eventual emission standards of zero, 
the additional detail does not change the potential 
compliance responses identified in the Final EA and 
associated impacts and mitigation measures from 
potential compliance–response development projects. 
Rather, the only change triggered by the Proposed 
Amendments that warrants an addendum to the Final 
EA is the need to add the Proposed Amendments’ 
detail to the project description of the 2016 State SIP 
Strategy’s SORE measures. Therefore, since the Final 
EA adequately evaluated impacts, mitigation, and 
alternatives associated with the 2016 State SIP Strategy 
SORE measures and the Proposed Amendments are 
substantively similar to the 2016 State SIP Strategy 
SORE measures, the Proposed Amendments do not 
trigger the need to prepare a subsequent EA. The basis 
for reaching this conclusion is provided in Chapter V 
of the ISOR.
SPECIAL ACCOMMODATION REQUEST
Consistent with California Government Code 
section 7296.2, special accommodation or language 
needs may be provided for any of the following:
● An interpreter to be available at the hearing;
● Documents made available in an alternate format 
or another language; and
● A disability–related reasonable accommodation.
To request these special accommodations or 
language needs, please contact the Clerks’ Office 
at cotb@arb.ca.gov  or (916) 322–5594 as soon as 
possible, but no later than ten business days before 
the scheduled Board hearing. TTY/TDD/Speech to 
Speech users may dial 711 for the California Relay 
Service.
Consecuente con la sección 7296.2 del Código de 
Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas 
para cualquiera de los siguientes:
● Un intérprete que esté disponible en la audiencia;
● Documentos disponibles en un formato alterno u 
otro idioma; y
● Una acomodación razonable relacionados con 
una incapacidad.
Para solicitar estas comodidades especiales o 
necesidades de otro idioma, por favor llame a la 
oficina del Consejo al cotb@arb.ca.gov  o ( 9 1 6) 3 22–
5594 lo más pronto posible, pero no menos de 10 días 
de trabajo antes del día programado para la audiencia 
del Consejo. TTY/TDD/Personas que necesiten este 
servicio pueden marcar el 711 para el Servicio de 
Retransmisión de Mensajes de California.
AGENCY CONTACT PERSONS
Inquiries concerning the substance of the proposed 
regulatory action may be directed to the agency 
representative Dorothy Fibiger, Air Resources 
Engineer, Testing and Certification Section, at (916) 
324–8426 or (designated back–up contact) Chris 
Burford, Air Resources Engineer, Testing and 
Certification Section, at (916) 327–4719.
AVAILABILITY OF DOCUMENTS
CARB staff has prepared a Staff Report: Initial 
Statement of Reasons for the proposed regulatory 
action, which includes a summary of the economic 
and environmental impacts of the proposal. The 
report is entitled: Public Hearing to Consider 
Proposed Amendments to the Small Off–Road Engine 
Regulations: Transition to Zero Emissions.
Copies of the ISOR and the full text of the proposed 
regulatory language, in underline and strikeout format 
to allow for comparison with the existing regulations, 
may be accessed on CARB’s website listed below, on 
October 12, 2021. Please contact Bradley Bechtold , 
Regulations Coordinator, at Bradley.bechtold@arb.
ca.gov  or (916) 322–6533 if you need physical copies 
of the documents. Because of current travel, facility, 
and staffing restrictions, the California Air Resources 
Board’s offices have limited public access. Pursuant 
to Government Code section 11346.5, subdivision 
(b), upon request to the aforementioned Regulations 
Coordinator, physical copies would be obtained from 
the Public Information Office, California Air Resources 
Board, 1001 I Street, Visitors and Environmental 
Services Center, First Floor, Sacramento, California, 
95814.
Further, the agency representative to whom 
nonsubstantive inquiries concerning the proposed 
administrative action may be directed is Bradley 
Bechtold, Regulations Coordinator, (916) 322–6533. 
CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 42-Z  
1438The Board staff has compiled a record for this 
rulemaking action, which includes all the information 
upon which the proposal is based. This material is 
available for inspection upon request to the contact 
persons.
HEARING PROCEDURES
The public hearing will be conducted in accordance 
with the California Administrative Procedure Act, 
Government Code, title 2, division 3, part 1, chapter 
3.5 (commencing with section 11340).
Following the public hearing, the Board may take 
action to approve for adoption the regulatory language 
as originally proposed, or with non–substantial or 
grammatical modifications. The Board may also 
approve for adoption the proposed regulatory language 
with other modifications if the text as modified is 
sufficiently related to the originally proposed text 
that the public was adequately placed on notice and 
that the regulatory language as modified could result 
from the proposed regulatory action. If this occurs, 
the full regulatory text, with the modifications clearly 
indicated, will be made available to the public, for 
written comment, at least 15 days before final adoption.
The public may request a copy of the modified 
regulatory text from CARB’s Public Information 
Office, Air Resources Board, 1001 I Street, Visitors 
and Environmental Services Center, First Floor, 
Sacramento, California, 95814.
FINAL STATEMENT OF  
REASONS A VAILABILITY
Upon its completion, the Final Statement of Reasons 
(FSOR) will be available and copies may be requested 
from the agency contact persons in this notice, or may 
be accessed on CARB’s website listed below.
INTERNET ACCESS
This notice, the ISOR and all subsequent regulatory 
documents, including the FSOR, when completed, are 
available on CARB’s website  for this rulemaking at 
https://ww2.arb.ca.gov/rulemaking/2021/sore2021
TITLE 14.  DEPARTMENT OF FISH 
AND WILDLIFE
As directed by Fish and Game Code Section 2353, 
the Department of Fish and Wildlife (Department) 
proposes to adopt a new form DFW 901 (New 
11/2021) in section 712.5 of title 14, California Code 
of Regulations (CCR). The Declaration of Importation 
of Fish and Wildlife form will allow the fishing 
and hunting public to conveniently declare fish or wildlife from out of state upon entry into the state. 
The new regulations described below may be adopted 
after considering all comments, objections, and 
recommendations regarding the proposed action.
PUBLIC HEARING
No public hearing is scheduled for this action. 
The Department will hold a public hearing if one 
is requested in writing to the contact below no later 
than 15 days prior to the close of the written comment 
period. If a hearing is requested, the Department will, 
to the extent practicable, provide notice of the time, 
date, and place of the hearing by mailing the notice to 
every person who has filed a request for notice.
WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized 
representative, may submit written comments relevant 
to the proposed regulatory action to the Department. 
All written comments must be received by the 
Department at this office no later than November 29, 
2021. All written comments must include the true 
name and mailing address of the commenter. Written 
comments may be submitted by mail, or e–mail, as 
follows:
Chris Stoots, Captain  
California Department of Fish and Wildlife  
Law Enforcement Division  
P.O. Box 944209, Sacramento CA 94244–2090  
Email: Chris.Stoots@wildlife.ca.gov
AUTHORITY AND REFERENCE
Fish and Game Code Section 2353 authorizes the 
Department to adopt these proposed regulations. This 
proposed rulemaking will implement, interpret, and 
make specific Fish and Game Code Section 2353.
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
The Department of Fish and Wildlife proposes to 
implement the requirements of Fish and Game Code 
2353, specifically the provision of a Declaration 
of Importation Form. The proposed regulation is 
necessary to implement the requirements of Section 
2353(a)(3), Fish and Game Code which states:
 “A declaration is submitted to the department 
or a designated state or federal agency at or 
immediately before the time of entry, in the form 
and manner prescribed by the department.”