CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
962AVAILABILITY AND LOCATION OF THE 
RULEMAKING FILE AND THE FINAL 
STATEMENT OF REASONS
The rulemaking file contains all information upon 
which POST is basing this proposal and is available 
for public inspection by contacting the person(s) 
named above.
To request a copy of the Final Statement of Reasons 
once it has been approved, submit a written request to 
the contact person(s) named above.
TITLE 13.  AIR RESOURCES BOARD
NOTICE OF PUBLIC HEARING TO 
CONSIDER PROPOSED AMENDMENTS 
TO THE AIRBORNE TOXIC CONTROL 
MEASURE FOR IN–USE DIESEL–FUELED 
TRANSPORT REFRIGERATION UNITS 
(TRU) AND TRU GENERATOR SETS, AND 
FACILITIES WHERE TRUS OPERATE
The California Air Resources Board (CARB or 
Board) will conduct a public hearing at the date and 
time noted below to consider the proposed amend -
ments to the Airborne Toxic Control Measure for In–
Use Diesel–Fueled TRUs and TRU Generator Sets, 
and Facilities Where TRUs Operate (TRU ATCM).
Date: September 23, 2021
Time:  12:30 p.m.
Please see the public agenda which will be posted 
at least ten days before the September 23, 2021, Board 
Meeting for any appropriate direction regarding a pos -
sible 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.
This item will be considered at a meeting of the 
Board, which will commence at 12:30 p.m., September 
23, 2021, and may continue at 8:30 a.m., on September 
24, 2021. Please consult the agenda for the hearing, 
which will be available at least ten days before Sep -
tember 23, 2021, to determine the day on which this 
item will be considered.
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 electron -ic submittal before the hearing. The public comment 
period for this proposed regulatory action will begin 
on July 30, 2021. Written comments not submitted 
during the hearing must be submitted on or after July 
30, 2021 and received no later than September 13, 
2021.  Comments submitted outside that comment pe -
riod 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 regula -
tory 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 infor -
mation (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 re -
quire 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 author -
ity granted in California Health and Safety Code, sec -
tions 39600, 39601, 39618, 39658, 39659, 39666, 39667, 
43013, 43018, and 43019.1. This action is proposed to 
implement, interpret, or make specific sections 39618, 
39650, 39658, 39659, 39666, 39667, 39674, 39675, 
42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, 
42410, 43013, 43018, and 43019.1.
INFORMATIVE DIGEST OF  
PROPOSED ACTION AND POLICY 
STATEMENT OVERVIEW  
(GOV. CODE, § 11346.5, SUBDIVISION  (a)(3))
Sections Affected:
Proposed amendments to California Code of Regu -
lations, title 13, sections 2477, 2477.1, 2477.2, 2477.3, 
2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 2477.9, 2477.10, 
2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 
2477.17, 2477.18, 2477.19, 2477.20, and 2477.21. Pro -CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
963
posed adoption of California Code of Regulations, ti -
tle 13, section 2477.22, 2477.23, and 2477.24.
Background and Effect of the Proposed Regulatory 
Action:
CARB staff are proposing amendments to the TRU 
ATCM (Proposed Amendments) to achieve additional emission reductions from diesel–powered TRUs need-ed to better protect communities from near–source pollution impacts, contribute to meeting the current health–based ambient air quality standards across California, and further the State’s climate goals.
Background
CARB adopted the TRU ATCM in 2004 (and 
amended it in 2010 and 2011) to reduce diesel partic -
ulate matter (PM) emissions and resulting health risk 
from diesel–powered TRUs used to control the envi -
ronment of temperature–sensitive products transport -
ed in insulated trucks, trailers, shipping containers, or railcars, as well as diesel–powered TRU generator sets (gen set) that provide electric power to electrically–powered refrigeration units of any kind.
The TRU ATCM requires that TRU engines that 
operate in California meet specific in–use perfor -
mance standards that require diesel PM emissions to be reduced in accordance with a phased compliance schedule. The phased compliance schedule is based on the model year (M Y) of the TRU engine and requires compliance with the in–use performance standard seven years after the engine M Y. The TRU ATCM includes two levels of stringency that were phased–in over time. The first phase, beginning in 2008, is the low emission TRU performance standard. The second phase, beginning in 2010, is the ultra–low emission TRU (ULETRU) performance standard. Ultimately, all TRU engines are required to meet the ULETRU performance standard and have 85 percent PM control (compared to an uncontrolled Tier 0 engine) to be fully compliant with the TRU ATCM.
CARB subsequently amended the TRU ATCM in 
2010 and 2011. The 2010 amendments included addi -
tional recordkeeping and reporting requirements for TRU original equipment manufacturers that directly or indirectly sell, or offer for sale, TRUs to the Cal -
ifornia market. The amendments also included more stringent definitions for compliance. The 2011 amend -
ments extended certain TRU performance standard compliance deadlines from those originally contained in the 2004 regulation and included provisions to im -
prove enforceability.
Despite the progress made, the emission reductions 
achieved under the TRU ATCM are not sufficient to meet the State’s multiple risk reduction, air quality, and climate goals. Staff are proposing amendments to the TRU ATCM to achieve additional emission reduc -
tions from diesel–powered TRUs and increase the use of zero–emission technology in the off–road sector. These amendments are needed to meet these comple -
mentary goals, as well as the directive of Executive 
Order N–79–20.  1,2 The Proposed Amendments are 
also needed to address the emergence and growth in the number of units equipped with engines less than 25 horsepower. The 2021 update to the statewide TRU emission inventory indicates growing sales of units with less than 25 horsepower engines, which contrasts with previous inventories where all trailer TRU en-gines were over 25 horsepower. The federal and Cali -
fornia PM off–road emission standard for engines less than 25 horsepower is 15 times higher (i.e., less strin -
gent) than the standard for engines greater than 25 horsepower. As a result, diesel PM emissions have not been reduced under the TRU ATCM as expected. Similar trends are also expected for domestic shipping container (DSC) TRUs, railcar TRUs, and TRU gen sets. Based on the TRU emission inventory, the num -
ber of TRUs equipped with engines less than 25 horse -
power will become responsible for the majority of PM emissions from TRUs in the near future, if current trends continue.
Effect of the Proposed Amendments
The Proposed Amendments are designed to achieve 
added public health, air quality, and climate benefits 
by requiring the transition of diesel–powered truck TRUs to zero–emission technology, a PM emission standard for newly–manufactured TRU engines in the remaining categories, and the use of lower–global warming potential (GWP) refrigerant. The Proposed Amendments also include new requirements for own -
ers and operators of facilities where TRUs operate; expanded requirements for TRU reporting and com -
pliance labels; and fees. Key elements of the Proposed Amendments include the following:
By December 31, 2022:
 ● All newly–manufactured truck TRUs, trailer 
TRUs, and DSC TRUs that operate in California shall use refrigerant with a GWP less than or equal to 2,200, or no refrigerant at all.
 ● M Y 2023 and newer trailer TRU, DSC TRU, railcar TRU, and TRU gen set engines shall meet a PM emission standard of 0.02 grams per brake horsepower–hour (g/hp–hr) or lower.
 ○ Note: M Y 2022 and older trailer TRU, DSC TRU, railcar TRU, and TRU gen set engines would continue to operate under the existing TRU ATCM requirements, in which they shall meet ULETRU by December 31 of 
1 Executive Order N–79–20, State of California Executive 
Order signed by Governor Gavin Newsom, September 
23, 2020. (web link: https://www.gov.ca.gov/wp–content/uploads/2020/09/9.23.20–EO–N–79–20–Climate.pdf )
2 EO N–79–20 set a goal for 100 percent zero–emission off–road 
v
ehicles and equipment by 2035.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
964the seventh year after the engine M Y. For 
example, a trailer TRU equipped with a M Y 2020 engine would have to meet ULETRU by December 31, 2027.
By December 31, 2023:
 ● Applicable facility3 owners shall register their 
facility with CARB, pay registration fees every three years, and report all TRUs that operate at their facility to CARB quarterly, or alternatively attest that only compliant TRUs (i.e., those with a valid CARB compliance label or showing as 
compliant on CARB’s website) operate at their 
facility.
 ● TRU owners shall report all TRUs that operate in California, regardless of where they are based.
 ● TRU owners shall pay TRU operating fees and affix CARB compliance labels to their TRU every three years, for each TRU operated in California.
 ● TRU owners shall turnover at least 15 percent of their truck TRU fleet (defined as truck TRUs operating in California) to zero–emission technology each year (for 7 years). All truck TRUs operating in California shall be zero–emission by December 31, 2029.
CARB may also consider other changes to the sec -
tions affected, as listed on page two of this notice, or other sections within the scope of this notice, during 
the course of this rulemaking process.
Objectives and Benefits of the Proposed Regulatory 
Action:
Objectives
The main objectives of the Proposed Amendments 
are to: 1) achieve fine particulate matter (PM2.5), ox -
ides of nitrogen (NOx), and greenhouse gas (GHG) 
emission reductions needed to protect communi -
ties from near–source pollution impacts, contribute toward meeting the current health based ambient air quality standards across California, and toward achieving the State’s climate goals; 2) transition die -
sel–powered TRUs to zero–emission technology, as directed by EO N–79–20, which set a goal for 100 per -
cent zero–emission off–road vehicles and equipment by 2035; 3) address the emergence and growth in the number of trailer TRUs, DSC TRUs, railcar TRUs, 
and TRU gen sets equipped with engines less than 25 
horsepower, which have less stringent emission stan-dards; 4) address multiple State policies and plans di -
recting CARB to achieve additional diesel emission reductions; 5) strengthen the regulation by including 
3 An applicable facility is defined in the Proposed Amendments 
as a refrigerated warehouse or distribution center with a building 
size greater than or equal to 20,000 square feet, a grocery store with a building size greater than or equal to 15,000 square feet, a seaport facility, or an intermodal railyard if one or more trailer TRUs or TRU gen sets operate within the legal property bound -
ary of the facility.requirements for owners and operators of facilities 
where TRUs operate and vehicle owners, as well as expanded TRU reporting and labeling to monitor com -
pliance; and 6) collect fees from TRU and applicable facility owners to cover CARB’s reasonable costs as -
sociated with the certification, audit, and compliance 
of TRUs, as allowed by Senate Bill 854.
Benefits
The primary benefits of the Proposed Amendments 
are PM2.5, NOx, and GHG emission reductions from 
diesel–powered TRUs that operate in California. Staff estimate that cumulatively, from 2022 to 2034, the Pro -
posed Amendments will reduce statewide TRU emis -
sions by approximately 1,258 tons of PM2.5, 3,515 tons of NOx, and 1.42 million metric tonnes of GHGs, relative to the baseline. These emission reductions will benefit California residents by reducing cancer risk to individual residents and off–site workers near facili -
ties where TRUs operate, including those located in and near disadvantaged communities; improving air quality and resulting ozone exposure from reductions in NOx; providing GHG emission reductions (includ -
ing the powerful short–lived climate pollutants hy -
drofluorocarbons and black carbon) needed to combat 
climate change; and reducing non–cancer health im-
pacts such as premature deaths, hospital visits for car -
diovascular and respiratory illnesses, and emergency room visits for asthma, especially in sensitive recep -
tors including children, the elderly, and people with chronic heart or lung disease. The total statewide val -
uation of avoided adverse health outcomes as a result of the Proposed Amendments from 2022 to 2034 is approximately $1.75 billion. Emission reductions will also reduce occupational exposure and benefit on–site workers, including, but not limited to TRU operators, 
drivers, and other individuals who work at facilities 
where TRUs operate.
The Proposed Amendments will provide an oppor -
tunity to increase zero–emission technology in the off–road sector. As more fleets use zero–emission truck TRU technologies as a result of the Proposed Amend -
ments, industry acceptance of advanced technologies will improve. The state of zero–emission TRU tech -
nology will progress and expand into extended range applications, as well as other off–road sectors. Pur -
chases of zero–emission truck TRUs will also benefit zero–emission TRU manufacturers, as well as various businesses in the zero–emission TRU supply chain, in -
cluding those involved in battery, fuel cell, cold plate, and solar photovoltaic technology throughout the State. Supporting infrastructure installations will pro -
vide opportunities for design, engineering, construc -
tion, and project management firms to design new and expanded infrastructure at approximately 1,000 truck TRU home base facilities statewide, as well as benefit suppliers, equipment installers, and electricians. The CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
965
expansion of electric charging infrastructure will also 
increase the amount of electricity supplied by utility providers and help the State’s investor–owned utilities meet the goals of Senate Bill 350, which requires the State’s investor–owned utilities to develop programs to accelerate widespread transportation electrification with goals to reduce dependence on petroleum, in-crease the uptake of zero–emission vehicles, help meet air quality standards, and reduce GHGs.
Lastly, the Proposed Amendments will result in 
noise reduction benefits. Diesel–powered TRUs can produce a substantial amount of noise, which also results in adverse health impacts. This is of concern when TRUs operate in and near places where people live, work, and play. Staff have received several noise complaints regarding TRU activity near schools, hos -
pitals, elder care facilities, and residential neighbor -
hoods. The Proposed Amendments will transition die -
sel truck TRUs to zero–emission technology, which produces little to no noise. This will eventually elimi -
nate the use of diesel–powered truck TRUs and reduce noise levels.
Public Process
To ensure an open and transparent rulemaking, staff 
have engaged in an extensive public process since de -
velopment of the Proposed Amendments began in ear -
ly 2016. Staff conducted eight public workshops to 
discuss regulatory concepts, methodology and data used to develop the emission inventory and conduct a health risk assessment, infrastructure considerations, compliance and enforcement mechanisms, as well as solicit stakeholder feedback. Staff posted information regarding these workshops and any associated materi -
als on the TRU Regulation website
4 and distributed 
notice of these meetings through several public list 
serves that include over 17,000 recipients.  5 In addi -
tion, staff held three work group meetings to solicit feedback on regulatory concepts, as well as discuss infrastructure and enforcement issues related to the Proposed Amendments.
As of June 2021, staff have conducted more than 160 
informal meetings, phone calls, and site visits with a broad group of stakeholders to discuss the Proposed Amendments and gather input and information. This includes members of impacted communities, environ -
4 California Air Resources Board, New Transport Refrigeration 
Unit Regulation in Development Website. (web link: https://ww2.
arb.ca.gov/our–work/programs/transport–refrigeration–unit/
new–transport–refrigeration–unit–regulation )
5 Number of subscribers for the following CARB lists as of Jan -
uary 28, 2021: Agricultural Activities, Community Air, Envi -
ronmental Justice ChERRP, Commerce, Environmental Justice ChERRP, Mira Loma, Environmental Justice ChERRP, Wilm -
ington, Goods Movement Emission Reduction Program, Port Truck, Reduction of GHG Emissions from Refrigerated Shipping Containers, Stationary Equipment Refrigerant Management Pro -
gram, Sustainable Freight Transport Initiative, and Transport Re -
frigeration Units.mental justice advocates, air districts, TRU owners 
and operators, trade associations, TRU manufactur -
ers, TRU dealers and service centers, truck and trailer dealers, truck and trailer leasing companies, freight brokers, forwarders, shippers, receivers, freight facil -
ity owners and operators, and other interested parties.
In addition to meeting with a wide range of stake -
holders, staff also conducted targeted outreach to po -
tential applicable facilities. This includes mailing over 40,000 postcards to facilities with refrigerated oper -
ations potentially affected by the Proposed Amend -
ments to notify them of upcoming workshops and di -
rect them to the TRU Regulation website for more in-formation. Staff also visited several facilities, includ -
ing refrigerated warehouses and distribution centers, cold storage warehouses, port terminals, and railyards to learn more about their business operations and to better understand potential implementation challeng -
es associated with the Proposed Amendments. A de -
tailed summary of all stakeholder outreach activities is included in Chapter XIV of the Initial Statement of Reasons (ISOR).
Comparable Federal Regulations:
The United States Environmental Protection Agen -
cy (U.S. EPA) and CARB regulate TRU engines as 
mobile non–road (off–road) engines (referred to as off–road throughout this rulemaking). Federal off–road compression–ignition engine emission standards are set forth for new engines in 40 Code of Federal Regulations Part 89. California standards for new off–road compression–ignition engines align with federal requirements and are set forth in California Code of Regulations, title 13, Article 4, sections 2420–2427, under “Heavy Duty Off–road Diesel Cycle Engines.”
The Proposed Amendments require new TRU en -
gines operating in California to meet emission stan-dards that generally align with the harmonized fed -
eral/State off–road compression–ignition engine emission standards. More specifically, the Proposed Amendments require newly–manufactured (M Y 2023 and newer) trailer TRU, DSC TRU, railcar TRU, and TRU gen set engines to meet a PM standard that aligns with the U.S. EPA Tier 4 final PM emission standard for engines greater than 25 horsepower. Engines less than 25 horsepower would be required to meet a PM emission standard more stringent than the harmonized federal/California PM standard. In–use (M Y 2022 and older) trailer TRU, DSC TRU, railcar TRU, and TRU gen set engines would continue to operate under the current TRU ATCM requirements.
The more stringent PM standard for newly–manu -
factured trailer TRU, DSC TRU, railcar TRU, and TRU gen set engines less than 25 horsepower is needed to address the emergence and growth in the number of units equipped with engines less than 25 horsepower. As discussed previously, the 2021 update to the state -CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
966wide TRU emission inventory indicates growing sales 
of trailer TRUs with less than 25 horsepower engines, which contrasts with previous inventories where all trailer TRU engines were over 25 horsepower. The federal and California federal PM off–road emission standard for engines less than 25 horsepower is 15 times higher than the standard for engines greater than 
25 horsepower. As a result, diesel PM emissions have 
not been reduced under the TRU ATCM as expect -
ed. Similar trends are also expected for DSC TRUs, railcar TRUs, and TRU gen sets. Based on the TRU emission inventory, the number of units equipped with engines less than 25 horsepower will become respon -
sible for the majority of PM emissions from TRUs in the near future, if current trends continue.
The Proposed Amendments follow the precedent set 
by the current TRU ATCM, which already requires more stringent in–use diesel emission standards than 
federal requirements. CARB adopted the TRU ATCM 
in 2004, and U.S. EPA authorized California to en -
force the regulation in 2009.  6 CARB subsequently ad -
opted amendments in 2010 and 2011. U.S. EPA deter -
mined those amendments fell within the scope of the original authorization and also granted full authoriza -
tion. 7,8 In granting CARB authorization, U.S. EPA 
acknowledged that unique circumstances exist in Cal -
ifornia necessitating the need for the State’s own off–road mobile source pollution program. As discussed in Chapter II of the ISOR, California has a critical need to reduce exposure to air toxics such as diesel PM, as 
well as PM, NOx, and GHG emissions. The benefits of 
protecting public health and reducing emissions justi -
fy the cost of adopting regulations that differ from ex -
isting federal regulations.
Currently, there are no federal regulations establish -
ing requirements on the use of zero–emission technol -
ogies or lower–GWP refrigerant for TRUs, as would be required by the Proposed Amendments.
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.
6 United States Environmental Protection Agency, Federal Reg -
ister, Vol. 74, No. 11, Page 3030, January 16, 2009. (web link: 
https://www.govinfo.gov/content/pkg/FR–2009–01–16/pdf/E9–907.pdf )
8 United States Environmental Protection Agency, Federal Regis -
ter, Vol. 82, Number 12, Page 6525, January 19, 2017. (web link: https://thefederalregister.org/82–FR/6522/2017–01235.pdf )7 United States Environmental Protection Agency, Federal Reg -
ister, Vol. 78, Number 125, Page 39870, June 28, 2013. (web link: https://www.govinfo.gov/content/pkg/FR–2013–06–28/
pdf/2013–15437.pdf )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 Offi -
cer concerning the costs or savings incurred by public agencies and private persons and businesses in reason-able compliance with the proposed regulatory action are presented below.
Under Government Code sections 11346.5, subdivi -
sion (a)(5) and 11346.5, subdivision (a)(6), the Execu-tive Officer has determined that the proposed regula -
tory 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 re -
imbursable by the State under Government Code, title 2, division 4, part 7 (commencing with section 17500), or 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  .
Pursuant to Government Code sections 11346.5, 
subdivision (a)(5) and 11346.5, subdivision (a)(6), the 
Proposed Amendments are a mandate that would cre -
ate costs and cost–savings to local agencies and school districts. However, these costs to local agencies are not reimbursable by the State under Government Code, 
title 2, division 4, part 7 (commencing with section 
17500). The mandate is not reimbursable because costs associated with the Proposed Amendments apply gen-erally to all owners of TRUs or applicable facilities, including local agencies and school districts. There -
fore, the Proposed Amendments do not constitute a “Program” imposing any unique requirements on lo -
cal agencies or school districts as set forth in Govern -
ment Code section 17514.
Cost or Savings for State Agencies
The estimated costs to CARB as a result of the 
Proposed Amendments include the direct and indi -
rect labor costs for the additional positions needed 
to successfully implement and enforce the Proposed Amendments as described below and operational costs (e.g., compliance labels, envelopes, and postage).
 ● 3.0 Air Pollution Specialist (APS) positions and 6.0 Air Resources Technician (ART) II positions in Fiscal Year 2022–2023.
 ● Air Resources Supervisor I, 1.0 Staff Services Manager, 1.0 APS, and 10.0 ART II positions in Fiscal Year 2023–2024.
Implementation duties include assisting owners 
with TRU reporting and applicable facility registra -
tion, providing technical assistance, and issuing com-CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
967
pliance labels. Enforcement duties include conducting 
unit, fleet, and facility inspections; fleet and facility investigations; and issuing and processing citations. The need for additional staff is due to additional re -
quirements in the Proposed Amendments requiring out–of–state based TRU reporting, TRU operating 
fees, applicable facility registration, applicable facility 
registration fees, and applicable facility reporting.
The Proposed Amendments will also have a fiscal 
impact on State government agencies that own TRUs or applicable facilities. Staff determined State govern -
ment agencies own 159 TRUs, or 0.08 percent of the total number of TRUs. Staff applied this percentage to the total equipment–related direct costs to estimate the costs incurred by State government TRU owners. Staff determined that State government owns six truck TRU home base facilities and two applicable facilities.
The Proposed Amendments will increase the num -
ber of zero–emission TRUs in the State. Displacing 
diesel with electricity will decrease the total amount 
of diesel fuel dispensed in the State, resulting in a re -
duction in diesel fuel tax revenue collected by State government. For this analysis, staff used the combined State and local sales tax rate of 8.6 percent, which is a weighted average based on county–level output, with 3.94 percent
9 going towards State sales tax and 4.67 
percent10 going towards local sales tax.
The Energy Resources Fee is a $0.0003/kilowatt–
hour surcharge levied on consumers of electricity pur -
chased from electrical utilities.  11 The revenue collect -
ed is deposited into the Energy Resources Programs Account of the General Fund which is used for ongo -
ing energy programs and projects deemed appropriate by the Legislature, including but not limited to, activ -
ities of the California Energy Commission.
The Proposed Amendments include TRU operat -
ing fees and applicable facility registration fees. The proposed fee schedule is included in Chapter X of the ISOR. The proposed fees will result in revenue to the State to offset costs to CARB to implement and en -
force the Proposed Amendments.
Sales tax is levied in California to fund a variety of 
programs at the local and State levels. The Proposed Amendments will result in the sale of more expensive TRUs and infrastructure in California, which will re -
sult in a direct increase in sales tax revenue collected 
9 California Department of Tax and Fee Administration, Detailed 
Description of the Sales & Use Tax Rate. (web link: https://www.
cdtfa.ca.gov/taxes–and–fees/sut–rates–description.htm, last ac -
cessed May 24, 2021)
10 California Department of Tax and Fee Administration, Califor -
nia City & County Sales & Use Tax Rates, October 2020. (web link: https://www.cdtfa.ca.gov/taxes–and–fees/sales–use–tax–
rates.htm )
11 California Department of Tax and Fee Administration, 2020 
Electrical Energy Surcharge Rate, December 2019. (web link: https://www.cdtfa.ca.gov/formspubs/1725.pdf )by the State. However, overall, State sales tax revenue 
may increase less than the direct increase from TRU and infrastructure sales if overall business spending does not increase. Staff used a combined State and lo -
cal sales tax rate of 8.6 percent, which is a weighted average based on county–level output, with 3.94 per -
cent
12 going towards State sales tax and 4.67 percent13 
going towards local sales tax.
From 2022 to 2034, staff estimated the cost to State 
government due to the Proposed Amendments to be $1.1 million, resulting from TRUs and applicable fa -
cilities owned by State government; and approximate -
ly $47.1 million in costs to CARB. State government will also see a direct increase in revenue from Energy Resources Fees, TRU operating fees, applicable facil -
ity registration fees, and State sales tax of $71.8 mil -
lion; as well as a decrease in sales tax from diesel fuel 
of $22.6 million. Staff estimated the total fiscal impact 
to State government to be –$927,000 from 2022 to 2034. CARB will seek authorization to use collected TRU operating fees and applicable facility registration fees to offset costs incurred to implement and enforce the Proposed Amendments.
Other Non–Discretionary Costs or Savings on Local 
Agencies
The Proposed Amendments will have a fiscal im -
pact on local government agencies that own TRUs or applicable facilities. Staff determined local govern -
ments own 256 TRUs, or 0.132 percent of the total number of TRUs. Staff applied this percentage to the total equipment–related direct costs to estimate the costs incurred by local government TRU owners. Staff determined that local government owns 25 truck TRU home base facilities and 19 applicable facilities.
Several cities and counties in California levy a util -
ity user tax on electricity usage. This tax varies from city to city and ranges from no tax to 11 percent. Staff used a value of 3.53 percent, representing a  
population–weighted average.  14 The Proposed 
Amendments will increase the number of zero–emis -
sion TRUs in the State, which will increase the amount of electricity used and the amount of utility user tax revenue collected by cities and counties.
12 California Department of Tax and Fee Administration, Detailed 
Description of the Sales & Use Tax Rate. (web link: https://www.
cdtfa.ca.gov/taxes–and–fees/sut–rates–description.htm, last ac -
cessed May 24, 2021)
13 California Department of Tax and Fee Administration, Califor -
nia City & County Sales & Use Tax Rates, October 2020. (web link: https://www.cdtfa.ca.gov/taxes–and–fees/sales–use–tax–
rates.htm )
14 California State Controller’s Office, California Cities Utility 
Users Taxes Revenue and Tax Rate Fiscal Year 2018–19, Novem -
ber 2020. (web link: https://www.sco.ca.gov/Files–ARD–Local/
LocRep/2018–19_Cities_UUT.pdf )CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
968Off–road diesel is exempt from on–road diesel tax -
es, but does incur sales tax.  15 Displacing diesel with 
electricity will decrease the total amount of diesel fuel 
dispensed in the State, resulting in a reduction in tax revenue collected by local governments. For this anal -
ysis, staff used the combined State and local sales tax rate of 8.6 percent, which is a weighted average based on county–level output, with 3.94 percent
16 going to -
wards State sales tax and 4.67 percent17 going towards 
local sales tax.
Sales tax is levied in California to fund a variety of 
programs at the local and State levels. The Proposed Amendments will result in the sale of more expensive TRUs and infrastructure in California, which will re -
sult in a direct increase in sales tax revenue collected by local governments. However, overall, local sales tax revenue may increase less than the direct increase from TRU and infrastructure sales if overall business spending does not increase. Staff used a combined State and local sales tax rate of 8.6 percent, which is a weighted average based on county–level output, with 3.94 percent
18 going towards State sales tax and 4.67 
percent19 going towards local sales tax.
From 2022 to 2034, staff estimated the cost to lo -
cal governments due to the Proposed Amendments to be $3.8 million, resulting from TRUs and applicable facilities owned by local governments. Local govern -
ments will also see a direct increase in utility user and local sales tax revenue of $19.1 million and a decrease in sales tax from diesel fuel of $4.9 million. Staff es -
timated the total fiscal impact to local governments to be –$10.4 million from 2022 to 2034.
Cost or Savings in Federal Funding to the State
The Proposed Amendments are not expected to 
impose any costs or savings in federal funding to the 
State.
15 California Department of Tax and Fee Administration, Califor -
nia City & County Sales & Use Tax Rates, October 2020. (web 
link: https://www.cdtfa.ca.gov/taxes–and–fees/sales–use–tax–
rates.htm )
16 California Department of Tax and Fee Administration, Detailed 
Description of the Sales & Use Tax Rate. (web link: https://www.cdtfa.ca.gov/taxes–and–fees/sut–rates–description.htm, last ac -
cessed May 24, 2021)
17 California Department of Tax and Fee Administration, Califor -
nia City & County Sales & Use Tax Rates, October 2020. (web 
link: https://www.cdtfa.ca.gov/taxes–and–fees/sales–use–tax–
rates.htm )
18 California Department of Tax and Fee Administration, Detailed 
Description of the Sales & Use Tax Rate. (web link: https://www.
cdtfa.ca.gov/taxes–and–fees/sut–rates–description.htm, last ac -
cessed May 24, 2021)
19 California Department of Tax and Fee Administration, Califor -
nia City & County Sales & Use Tax Rates, October 2020. (web link: https://www.cdtfa.ca.gov/taxes–and–fees/sales–use–tax–
rates.htm )Housing Costs (Gov. Code, §  11346.5, subdivision 
(a)(12)):
The Executive Officer has also made the initial de -
termination 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, subdivsion (a)(7), 11346.5, subdivion (a)(8)):
The Executive Officer has made an initial determi -
nation 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)):
MAJOR REGULATION: STATEMENT OF 
THE RESULTS OF THE STANDARDIZED 
REGULATORY IMPACT ANALYSIS (SRIA) 
(GOV. CODE, §  11346.3, SUBDIVISION (c))
In May 2021, CARB submitted a SRIA to the De -
partment of Finance (DOF) for its review. CARB has 
updated the Proposed Amendments since the original SRIA submittal, and to address DOF comments. The revisions are discussed in Chapter X of the ISOR.
The creation or elimination of jobs within the State
Staff anticipate the statewide employment impacts 
of the Proposed Amendments to be slightly positive in 
2023 and 2024, corresponding with demand for zero–emission truck TRUs and supporting infrastructure from in–state fleets. From 2025 through 2034, the em-ployment impacts are estimated to be negative as the overall costs of the Proposed Amendments offset the positive impacts of additional in–state demand.
Staff used Regional Economic Models, Inc. (REMI) 
Policy Insight Plus Version 2.4.1 to estimate the mac -
roeconomic impacts of the Proposed Amendments on the California economy. REMI is a structural economic forecasting and policy analysis model that integrates input–output, computable general equilibri -
um, and econometric and economic geography meth-odologies. The REMI model estimated at most a 0.01 percent increase or decrease in statewide employment, relative to the baseline, due to the Proposed Amend-ments. The economy is expected to grow over this period and therefore, reduced employment, relative to the baseline, can be interpreted as a reduction in em-ployment growth. This amounted to a total increase in employment of 151 jobs in the year with the greatest CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
969
positive impact, and decreases in employment of 1,438 
jobs in the year with the most negative impact.
The creation of new businesses or the elimination of 
existing businesses within the State
Staff do not anticipate the Proposed Amendments 
will directly result in business creation or elimination. 
However, the Proposed Amendments may have a small 
indirect impact on business creation or elimination. 
TRU fleets and applicable facilities face compliance 
costs, and the potential for some of these business to 
be eliminated cannot be ruled out.
While changes in jobs for the California economy 
cannot directly estimate the broader impacts of busi -
ness creation and elimination, job changes can be 
used to understand some of the potential impacts to 
businesses. The overall job impacts of the Proposed 
Amendments are small relative to the total California 
economy. The changes in statewide employment rep -
resent, at most, a 0.01 percent change relative to base -
line California employment in any given year.
The competitive advantages or disadvantages for 
businesses currently doing business within the State
Staff do not anticipate impacts to the competitive ad -
vantage or disadvantage to businesses currently doing 
business in the State because the Proposed Amend -
ments impose requirements equally on all TRUs that 
operate in California, whether the business that owns 
or operates them is based in–state or out–of–state. 
All businesses owning or operating TRUs would be 
subject to the same refrigerant, PM standard, and 
zero–emission truck TRU requirements, regardless of 
in–state or out–of–state ownership status. Thus, the 
Proposed Amendments would not create any compet -
itive disadvantage to businesses located in California.
Businesses that already use zero–emission TRU 
technologies may gain a competitive advantage com -
pared to fleets that rely on diesel–powered TRUs in 
the baseline. Some businesses may already be using 
cold plate and cryogenic TRUs in addition to bat -
tery–electric TRUs. Such businesses will not have 
large compliance costs associated with the Proposed 
Amendments and may also gain a competitive advan -
tage compared to fleets that rely on diesel–powered 
TRUs in the baseline.
Applicable facilities are required to pay registration 
fees and ensure that TRUs operating on their proper -
ty are compliant. The applicable facilities are based 
on size thresholds and facilities below these specific 
thresholds will not face direct costs associated with 
the Proposed Amendments. Therefore, facilities below 
the threshold may gain a slight competitive advantage 
compared to larger facilities. Out–of–state facilities 
will not face the same registration fees and reporting 
costs. Therefore, California–based facilities may also 
face a competitive disadvantage to other similar–sized 
applicable facilities in close proximity, but in another state. Staff do not consider these impacts significant 
because fees and reporting costs are relatively small 
compared to the total cost of the Proposed Amend -
ments. The average annual cost for an applicable facil -
ity to comply with the Proposed Amendments is less 
than one percent of their annual revenue.
The increase or decrease of investment in the State
Private domestic investment consists of purchas -
es of residential and nonresidential structures and of 
equipment and software by private businesses and 
nonprofit institutions. It is used as a proxy for im -
pacts on investments in California because it provides 
an indicator of the future productive capacity of the 
economy. Based on the macroeconomic impact analy -
sis, change in private investment due to the Proposed 
Amendments ranges from a decrease of $2 million in 
2023 to a decrease of $48 million in 2029. In any given 
year, the change in private investment represents less 
than 0.01 percent of baseline investment.
The incentives for innovation in products, materials, 
or processes
The Proposed Amendments provide a strong signal 
for the development of zero–emission TRU technolo -
gies and help in building a robust market for advanced 
technologies. Staff anticipate growth in the industries 
that manufacture zero–emission TRU technologies, 
which will strengthen the supply chain and result in 
technology improvements earlier than they would 
have otherwise occurred. For example, improvements 
in battery weight and range are needed to improve 
market acceptance and bring overall battery–electric 
technology costs down. These improvements will al -
low advanced technologies to expand further into ex -
tended range TRU applications, as well as other off–
road sectors. In addition, due to the large volume of 
refrigerated product that moves through California, 
there is the possibility that the Proposed Amendments 
will compel TRU original equipment manufacturers 
to incorporate advanced technologies and lower–
GWP refrigerant into units sold outside of the State.
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 Proposed Amendments will reduce PM2.5, 
NOx, and GHG emissions from diesel–powered TRUs 
that operate in California. Cumulatively, from 2022 to 
2034, the Proposed Amendments are expected to re -
duce statewide TRU emissions by approximately 1,258 
tons of PM2.5, 3,515 tons of NOx, and 1.42 million 
metric tonnes of GHGs, relative to the baseline. These 
emission reductions will benefit California residents 
by reducing cancer risk near facilities where TRUs 
operate; improving air quality and resulting ozone CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
970exposure from reductions in NOx; providing GHG 
emission reductions needed to combat climate change; 
as well as reducing non–cancer health impacts such 
as premature deaths, hospital visits, emergency room 
visits, and other adverse health impacts, especially in 
sensitive receptors including children, the elderly, and 
people with chronic heart or lung disease. Emission 
reductions will also reduce occupational exposure and 
benefit on–site workers, including, but not limited to 
TRU operators, drivers, and other individuals who 
work at facilities where TRUs operate. The estimated 
statewide value of health benefits from reduced PM2.5 
and NOx emissions, as well as the value of GHG emis -
sion reductions using the social cost of carbon, are de -
scribed in Chapter V of the ISOR.
Department of Finance Comments and Responses
DOF Comment #1: The costs of equipment dispos -
al must be quantified. Because existing ATCM regu -
lations prevent sale of non–complying TRUs within 
California, the revised emissions and zero–emission 
requirements will effectively decrease or eliminate the 
resale value of existing equipment that was complying 
under the existing ATCM requirements within Cali -
fornia. Based on CARB’s 2019 Emissions Inventory 
for Transport Refrigeration Units, historically around 
20 percent of non–complying non–truck TRUs are re -
placed rather than retrofit and all truck TRUs must be 
replaced, which means around 45,000 of the original 
200,000 TRUs will either need to be scrapped or sold 
interstate when they become non–compliant and the 
SRIA should quantify the costs associated with this.
Response: Because the current TRU ATCM impos -
es more stringent emissions requirements on TRUs 
operating in California compared to those that do not, 
TRU owners already scrap or sell their units for use 
out–of–state when they become non–compliant for 
use in California. Under the Proposed Amendments, 
the PM emission standard requirement applies to  
newly–manufactured units, while the zero–emission 
truck TRU requirement is phased in at 15 percent each 
year. The zero–emission truck TRU phase–in com -
pliance schedule generally aligns with the average 7–
to–10–year useful life for truck TRUs. Therefore, staff 
do not believe TRU turnover would be significantly 
accelerated due to the Proposed Amendments. Scrap 
and resale values should not be considerably affected. 
Based on current listings, truck TRUs can be sold out–
of–state for $6,450 to $10,000 and trailer TRUs can be 
sold out–of–state for $7,500 to $16,400, depending on 
the M Y and engine hours. Because the SRIA provides 
an upper bound estimate on costs, staff conservatively 
did not assume any cost savings associated with scrap 
and resale.
DOF Comment #2: The SRIA could be improved 
by including a more explicit discussion of the antic -
ipated state revenues that would be generated by the proposed operating and facility registration fees that 
CARB proposes to collect from TRU owners. Fur -
thermore, the SRIA notes an estimated $48 million in 
fee revenue would be collected over the lifetime of the 
regulation, yet CARB’s implementation and enforce -
ment costs are estimated to be only $19.4 million. The 
SRIA should clarify how the remaining fee revenue 
would be utilized by CARB.
Response: Staff have updated the economic anal -
ysis since the release of the SRIA on May 12, 2021. 
The changes include increasing the number of CARB 
staff needed to implement and enforce the Proposed 
Amendments and updating the salary amount used for 
the Staff Services Manager I position. These chang -
es resulted in an increase of proposed TRU operating 
and applicable facility operating fees. In the SRIA, the 
TRU operating fee for a diesel TRU was $43, the TRU 
operating fee for a zero–emission TRU is $22, and the 
applicable facility registration fee is $43. In the updat -
ed proposal, the TRU operating fee for a diesel TRU 
is $54, the TRU operating fee for a zero–emission 
TRU is $27, and the applicable facility registration fee 
is $54. Staff also updated the analysis to account for 
additional costs to CARB, including the indirect labor 
cost and operational cost (e.g., compliance labels, en -
velopes, and postage) expected as a result of the Pro -
posed Amendments. More information on these costs 
can be found in Appendix G. As a result of the up -
dates, staff estimate that CARB’s TRU program costs 
would be $47.1 million from 2022 to 2034. Approxi -
mately $60.8 million in fee revenue would be collected 
by CARB.
The proposed fee amounts in the Proposed Amend -
ments would not result in excess fee revenue. The 
difference in CARB’s TRU program costs compared 
to fee revenue is due to existing TRU program labor 
costs not associated with the Proposed Amendments 
and the required SRIA assumption of full compliance.
To determine the fee amounts, staff accounted for 
non–compliance since it is reflective of actual condi -
tions. This results in a more accurate estimate of the 
number of TRUs and facilities that would comply with 
the fee requirements and the resulting fee revenue that 
CARB would collect. Staff used a non–compliance 
rate based on the average of non–reporting assumed 
in the statewide TRU inventory and the percentage 
of citations issued by CARB’s Enforcement Division 
for non–reporting violations in 2019 equal to approx -
imately 13 percent. Because the economic analysis 
assumes full compliance, the estimated fee revenue 
collected over the lifetime of the regulation would be 
less than what is presented in the SRIA.
DOF Comment #3: The SRIA could be improved 
by including actual data for 2020 when it becomes 
available or using the most up–to–date data available. 
The current baseline assumption of significant turn -CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
971
over in 2020 results in nearly double the capital costs 
in 2027 ($120 million compared to an average of $65 
million in all other years) because there are double the 
number of non–truck TRUs that need to take com -
pliance actions in that year (around 40,000 in 2027 
compared to an average of 20,000 in all other years). 
Updating the analysis would be helpful as the costs 
and benefits appear to be impacted significantly by the 
share of TRUs assumed to be non–compliant. Alter -
natively, the SRIA could include a separate scenario  
analysis with different assumptions on the share of non–  
compliant TRUs that need to come to compliance in 
2020 to illustrate how impacts would vary if the share 
of non–compliant TRUs in 2020 were higher or lower 
than the 2018 rate.
Response: For the SRIA, staff used the legal base -
line of full compliance with existing regulations by 
assuming that all non–complying TRUs are replaced 
in 2020 as well as the most up–to–date data avail -
able at the time of SRIA development. Staff agree 
that costs and benefits are impacted by the number 
of TRUs assumed to be non–compliant and that the 
analysis should be based on the most up–to–date data 
available. As newer data becomes available, staff will 
consider updating the analysis or adding a sensitivi -
ty analysis to determine how impacts would vary if 
the share of non–compliant TRUs in 2020 were higher 
or lower than the 2018 rate for inclusion in the Final 
Statement of Reasons.
Business Report (Gov. Code, §§ 11346.5, subd. (a)
(11); 11346.3, subdivision (d)):
In accordance with Government Code sections 
11346.5, subdivisions (a)(11) and 11346.3, subdivision 
(d), the Executive Officer finds the reporting require -
ments 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.
Cost Impacts on Representative Private Persons 
or Businesses (Gov. Code, § 11346.5, subdivision  
 (a)(9)):
In developing this regulatory proposal, staff evalu -
ated the potential economic impacts on representative 
private persons or businesses. The total direct cost for 
TRU and applicable facility owners to comply with 
the Proposed Amendments is estimated to be approx -
imately $103.9 million per year for 13 years (from 
2022 to 2034), or a total of approximately $1.35 billion 
and assumes that TRU and infrastructure purchases 
are amortized over a period of 5 years at 5 percent 
interest. The estimated annual recurring cost savings 
average $23.9 million per year. The total net cost of 
the Proposed Amendments from 2022 to 2034 is es -
timated to be $1.04 billion, which is less than the ap -
proximate $1.75 billion in expected monetized health 
benefits. The methodology and full details for estimat -ing the cost impact to a typical business owning TRUs 
are provided in Chapter X of the ISOR.
The Proposed Amendments will not result in any 
direct costs on individuals. However, staff anticipate 
the Proposed Amendments will result in indirect costs 
to individuals to the extent that affected businesses 
pass compliance costs through to consumers of refrig -
erated products. If the total direct cost of the Proposed 
Amendments is fully passed through to consumers, 
the cost per California household from total impact 
of the Proposed Amendments from 2022 to 2034 is 
estimated to be $78.35 per household with a yearly av -
erage of $6.03.
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. The methodology and full details for es -
timating the cost impact to a small business owning 
TRUs are provided in Chapter X of the ISOR.
Consideration of Alternatives (Gov. Code, 
§ 11346.5, subdivision (a)(13)):
Before taking final action on the proposed regula -
tory action, the Board must determine that no reason -
able 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.
Staff considered four alternatives to the Proposed 
Amendments. As explained in Chapter XI of the ISOR, 
no alternative proposal was found to be less burden -
some and equally effective in achieving the purposes 
of the Proposed Amendments in a manner that ensures 
full compliance with the authorizing law. Staff have 
not identified any reasonable alternatives that would 
lessen any adverse impact on small business.
STATE IMPLEMENTATION  
PLAN REVISION
If adopted by the Board, CARB plans to submit the 
proposed regulatory action to the United States Envi -
ronmental Protection Agency for approval as a revi -
sion to the California State Implementation Plan (SIP) 
required by the federal Clean Air Act (CAA). The ad -
opted regulatory action would be submitted as a SIP 
revision because it amends regulations intended to re -
duce emissions of air pollutants in order to attain and 
maintain the National Ambient Air Quality Standards 
promulgated by U.S. EPA pursuant to the CAA.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
972ENVIRONMENTAL ANALYSIS
CARB, as the lead agency for the Proposed Amend -
ments, has prepared a draft supplemental environmen -
tal analysis (Draft Supplemental EA) under its certified 
regulatory program (California Code of Regulations, 
title 17, sections 60000 through 60008) to comply 
with the requirements of the California Environmen -
tal Quality Act (CEQA; Public Resources Code sec -
tion 21080.5). The Draft Supplemental EA concluded 
implementation of the Proposed Amendments, could 
result in: beneficial impacts to air quality, energy de -
mand, GHG emissions and climate change; less than 
significant impacts to energy demand, hazards and 
hazardous materials, land use and planning, mineral 
resources, population and housing, public services, 
recreation, and wildfire; and potentially significant 
adverse impacts to aesthetics, agriculture and forest 
resources, air quality, biological resources, cultural 
resources, geology and soils, hazards and hazardous 
materials, hydrology and water quality, mineral re -
sources, noise, transportation, and utilities and service 
systems. The beneficial impacts are related to PM, 
NOx, and GHG emission reductions as well as de -
creased use of diesel fuel. The potentially significant 
and unavoidable adverse impacts are primarily relat -
ed to short–term, construction–related activities. This 
explains why some resource areas are identified above 
as having both less–than–significant impacts and po -
tentially significant impacts. The Draft Supplemental 
EA, included as Appendix D to the ISOR, is entitled 
“Draft Supplemental Environmental Analysis for the 
Proposed Amendments to the Airborne Toxic Control 
Measure for In–Use Diesel–Fueled Transport Refrig -
eration Units (TRU) and TRU Generator Sets, and Fa -
cilities Where TRUs Operate.” Written comments on 
the Draft Supplemental EA will be accepted during a 
45–day public review period starting on July 30, 2021 
and ending at 5:00 p.m. on September 13, 2021.
SPECIAL ACCOMMODATION REQUEST
Consistent with California Government Code sec -
tion 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 lan -
guage 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 nece -
sidades de otro idioma, por favor llame a la oficina del 
Consejo al cotb@arb.ca.gov  o (916) 322–5594 lo más 
pronto posible, pero no menos de 10 días de trabajo an -
tes del día programado para la audiencia del Consejo. 
TTY/TDD/Personas que necesiten este servicio pue -
den marcar el 711 para el Servicio de Retransmisión 
de Mensajes de California.
AGENCY CONTACT PERSONS
Inquiries concerning the substance of the pro -
posed regulatory action may be directed to the agen -
cy representative Lea Yamashita, Staff Air Pollu -
tion Specialist, Freight Operations Section at Lea. 
Yamashita@arb.ca.gov  or (designated back–up contact) 
Cari Anderson, Chief, Freight Transport Branch at Cari.  
Anderson@arb.ca.gov .
AVAILABILITY OF DOCUMENTS
CARB staff has prepared a Staff Report: Initial 
Statement of Reasons (ISOR) for the proposed regula -
tory action, which includes a summary of the econom -
ic and environmental impacts of the proposal. The 
report is entitled: “Staff Report: Initial Statements of 
Reasons — Public Hearing to Consider the Proposed 
Amendments to the Airborne Toxic Control Measure 
for In–Use Diesel–Fueled Transport Refrigeration 
Units (TRU) and TRU Generator Sets, and Facilities 
Where TRUs Operate.”
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 
July 27, 2021. Please contact Chris Hopkins, Regula -
tions Coordinator, at Chris.Hopkins@arb.ca.gov  or 
(916) 445–9564 if you need physical copies of the doc -
uments. Because of current travel, facility, and staff -
ing restrictions, the California Air Resources Board’s 
offices have limited public access. Pursuant to Gov -
ernment Code section 11346.5, subdivision (b), upon 
request to the aforementioned Regulations Coordina -
tor, 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.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 31-Z
973
Further, the agency representative to whom non -
substantive inquiries concerning the proposed ad -
ministrative action may be directed is Chris Hopkins, 
Regulations Coordinator, (916) 445–9564. The Board 
staff has compiled a record for this rulemaking action, 
which includes all the information upon which the pro -
posal 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 vote on 
a resolution directing the Executive Officer to: make 
any proposed modified regulatory language that 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, and any additional sup -
porting documents and information, available to the 
public for a period of at least 15 days; consider written 
comments submitted during this period; and make any 
further modifications as may be appropriate in light 
of the comments received available for further public 
comment. The Board may also direct the Executive 
Officer to: evaluate all comments received during the 
public comment periods, including comments regard -
ing the Draft Environmental Analysis, and prepare 
written responses to those comments; and present to 
the Board, at a subsequently scheduled public hearing, 
the final proposed regulatory language, staff’s written 
responses to comments on the Draft Environmental 
Analysis, along with the Final Environmental Analy -
sis for action.
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/tru2021 .TITLE 16.  CEMETERY AND  
FUNERAL BUREAU
NOTICE OF PROPOSED REGULATORY 
ACTION CONCERNING  
 
ARTICLE 3.5 ENDOWMENT CARE FUND   
UNITRUST DISTRIBUTION  
§ 2334, ENDOWMENT CARE FUND  
CONVERSION APPLICATION  
§ 2334.1, ENDOWMENT CARE FUND  
CONVERSION CONDITION  
§ 2334.2, DENIAL OF ENDOWMENT  
CARE FUND  
CONVERSION APPLICATION  
§ 2334.3, ABANDONMENT OF 
ENDOWMENT CARE FUND  
CONVERSION APPLICATION  
§ 2334.4, REVERSION TO NET INCOME  
DISTRIBUTION METHOD  
§ 2350, ENDOWMENT CARE  
FUND REPORTS
NOTICE IS HEREBY GIVEN  that the Cemetery 
and Funeral Bureau (Bureau) is proposing to take the 
rulemaking action described below under the heading 
Informative Digest/Policy Statement Overview. Any 
person interested may present statements or arguments 
relevant to the action proposed in writing. Written 
comments, including those sent by mail, facsimile, or 
e–mail to the addresses listed under Contact Person in 
this Notice, must be received by the Bureau at its office 
by 5:00 p.m., Tuesday, September 14, 2021.
PUBLIC HEARING AVAILABILITY
The Bureau has not scheduled a public hearing on 
this proposed action. The Bureau will, however, hold 
a hearing if it receives a written request for a public 
hearing from any interested person, or his or her au -
thorized representative, no later than 15 days prior to 
the close of the written comment period.
AVAILABILITY OF CHANGED OR  
MODIFIED TEXT
The Bureau may, after considering all timely and 
relevant comments, adopt the proposed regulations 
substantially as described in this notice, or may mod -
ify the proposed regulations if such modifications are 
sufficiently related to the original text. With the ex -
ception of technical or grammatical changes, the full 
text of any modified proposal will be available for 15 
days prior to its adoption from the person designated