APPENDIX A

PROPOSED REGULATION ORDER

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PROPOSED REGULATION ORDER

Amend the following sections of title 13, California Code of Regulations, to read as set

forth in the following pages:

Amend:

Section 1956.1 Exhaust Emission Standards and Test Procedures -

1985 and Subsequent Model Heavy Duty Urban Bus

Engines and Vehicles

Section 2020 Purpose and Definitions of Diesel Particulate Matter

Control Measures

Section 2021 Solid Waste Collection Vehicles.

Adopt:

Section 2023 Fleet Rule for Transit Agencies

Section 2023.1

Section 1956.4

renumber as 2023.4

Fleet Rule for Transit Agencies-Urban Bus

Requirements

Section 2023.2 Fleet Rule for Transit Agencies-Transit Fleet

Vehicle Requirements

Section 2023.3

Section 1956.3

renumber as 2023.3

Zero-Emission Bus Requirements

Section 2023.4

Section 1956.4

renumber as 2023.4

Reporting Requirements for Transit Agencies

Repeal:

Section 1956.2 Fleet Rule for Transit Agencies

Section 1956.3 Zero-Emission Bus Requirements

Section 1956.4 Reporting Requirements for all Urban Bus Transit

Agencies

Notes: a) Regulatory amendments to existing language are shown in

underline to indicate additions to the text and strikeout to

indicate deletions.

b) Regulatory amendments for new language is shown in

double underline to indicate additions and double strikeout

to indicate deletions.
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Amend Section 1956.1 to read as follows:

1956.1 Exhaust Emission Standards and Test Procedures - 1985 and

Subsequent Model Heavy Duty Urban Bus Engines and Vehicles

(a) The exhaust emissions from new 1985 and subsequent model heavy-duty diesel

cycle urban bus engines and vehicles fueled by methanol, natural gas, liquefied

petroleum gas, and petroleum shall not exceed the following, by model year:

(1) 1985-1986 - 1.3 grams per brake horsepower-hour (g/bhp-hr) total

hydrocarbons (or Organic Material Hydrocarbon Equivalent [OMHCE] for

methanol-fueled buses), 15.5 g/bhp-hr carbon monoxide (CO), and 5.1

g/bhp-hr oxides of nitrogen (NOx).

(2) 1987- (a manufacturer may certify to the 1988 emission standards one

year early as an option) - 1.3 g/bhp-hr total hydrocarbons (or OMHCE for

methanol-fueled buses), 15.5 g/bhp-hr CO, and 5.1 g/bhp-hr NOx.

(3) 1988-1990 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses),

15.5 g/bhp-hr CO, 6.0 g/bhp-hr NOx, 0.60 g/bhp-hr particulate matter

(PM), and for 1990 only, 1.2 g/bhp-hr optional non-methane hydrocarbons

(NMHC).

(4) 1991-1993 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses), 1.2

g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr NOx, and 0.10

g/bhp-hr PM. Emissions from methanol-fueled, natural-gas-fueled and

liquefied-petroleum-gas-fueled urban bus engines may be included in the

averaging program for petroleum-fueled engines other than urban bus

engines.

(5) 1994-1995 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses), 1.2

g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr NOx (or optional

3.5 g/bhp-hr to 0.5 g/bhp-hr NOx), and 0.07 g/bhp-hr PM. Emissions from

methanol-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled

urban bus engines, may be included in the averaging program for

petroleum-fueled engines other than urban bus engines.

(6) 1996-2003 - 1.3 g/bhp-hr HC or OMHCE, 1.2 g/bhp-hr optional NMHC,

15.5 g/bhp-hr CO, 4.0 g/bhp-hr NOx, and 0.05 g/bhp-hr PM (0.07 PM

g/bhp-hr in-use), except as provided in paragraph (7) below.

(A) For 1996 and 1997 only, a manufacturer may apply to the

Executive Officer for an exemption from the 4.0 g/bhp-hr

NOx standard, not to exceed 10% of the average of the

manufacturer’s total urban bus sales in California for the
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three preceding model years, upon providing technical

justification and sales data for each exemption applied for.

(B) 1998 through 2003 model year engines may generate

averaging, banking, and trading credits in accordance with

the requirements for averaging, banking and trading

programs set forth in “California Exhaust Emission

Standards and Test Procedures for 1985 and Subsequent

Model Heavy Duty Diesel Engines and Vehicles”

incorporated by reference in subdivision (c) of this section.

Manufacturers may choose to certify 1998 through 2002

model year bus engines produced before October 1, 2002,

to an optional NOx emissions standard between 0.5 g/bhphr and 2.5 g/bhp-hr. A manufacturer may certify to any

standard between the values of 2.5 g/bhp-hr and 0.5 g/bhphr, by 0.5 g/bhp-hr increments. Manufacturers may not use

engines certified to this optional NOx standard for any

averaging, banking, or trading program set forth in

“California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy Duty

Diesel Engines and Vehicles” incorporated by reference in

subdivision (c) of this section.

(7) October 1, 2002, PM standard - For diesel-fueled, dual-fuel, and

bi-fuel bus engines except for heavy-duty pilot ignition engines, the

PM standard shall be 0.01 g/bhp-hr (0.01 PM g/bhp-hr in-use) for

2002 and subsequent model year engines produced beginning

October 1, 2002. Manufacturers may choose to meet this

standard with an aftertreatment system that reduces PM to 0.01

g/bhp-hr.

(8) October 2002-2006 optional standards – Except for diesel-fueled,

dual-fuel, and bi-fuel engines but including heavy-duty pilot ignition

engines, manufacturers may choose to certify 2002 – 2006 model

year bus engines produced beginning October 1, 2002, to an

optional 1.8 g/bhp-hr to 0.3 g/bhp-hr NOx plus NMHC standard,

measured as the arithmetic sum of the NOx and NMHC exhaust

component certification values, without restriction on individual

component certification values; provided that engines certified to

this optional reduced-emission NOx plus NMHC standard may not

participate in any averaging, banking, or trading program set forth

in the test procedures document incorporated by reference in

subdivision (c) of this section. A manufacturer may certify to any

standard between the values of 1.8 g/bhp-hr to 0.3 g/bhp-hr, by 0.3

g/bhp-hr NOx + NMHC increments. Manufacturers certifying to this
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optional standard must also certify to a PM standard of 0.03, 0.02,

or 0.01 g/bhp-hr.

(9) October 2002-2003 optional standards for diesel-fueled, dual-fuel,

and bi-fuel engines except for heavy-duty pilot ignition engines --

Manufacturers may choose to certify 2002 – 2003 model year

diesel-fueled, dual-fuel, and bi-fuel bus engines produced

beginning October 1, 2002, to an optional 1.8 g/bhp-hr to 0.3

g/bhp-hr NOx plus NMHC standard, measured as the arithmetic

sum of the NOx and NMHC exhaust component certification

values, without restriction on individual component certification

values; provided that engines certified to this optional reducedemission NOx plus NMHC standard may not participate in any

averaging, banking, or trading program set forth in the test

procedures document incorporated by reference in subdivision (c)

of this section. A manufacturer may certify to any standard

between the values of 1.8 g/bhp-hr to 0.3 g/bhp-hr, by 0.3 g/bhp-hr

NOx + NMHC increments. Manufacturers certifying to this optional

standard must also certify to a PM standard of 0.01 g/bhp-hr.

(10) 2004 – 2006: Except as provided in paragraph (11), below, the

required standard shall be 2.4 g/bhp-hr NOx + NMHC measured

as the arithmetic sum of exhaust component certification values for

these pollutants, without restriction on individual component

values, 15.5 g/bhp-hr CO, and 0.05 g/bhp-hr PM (0.07 g/bhp-hr

PM in-use).

(A) Manufacturers may choose to certify to a 2.5 g/bhp-hr

optional combined NOx + NMHC standard, provided that

the NMHC exhaust component certification value shall not

exceed 0.5 g/bhp-hr.

(B) Emissions averaging may be used to meet the combined

NOx + NMHC standard, the optional combined NOx +

NMHC standard set forth in paragraph (A), and the PM

standard.

(C) The combined NOx + NMHC standard and the optional

combined NOx + NMHC standard described in paragraph

(A) may serve as the certification standard for the higher

emitting fueling mode of an engine certified under the dual

fueling mode certification process set forth in section

1956.8(a)(4), Title 13, CCR.

(11) 2004-2006 – For diesel-fueled, or dual-fuel, and bi-fuel urban bus

engines except for heavy-duty pilot ignition engines, the standards
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are 0.5 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05 g/bhp-hr NMHC, 5.0

g/bhp-hr CO, and 0.01 g/bhp-hr formaldehyde. As an option,

manufacturers may choose to meet the NOx and PM standards

with a base engine that is certified to the standards in paragraph

(10) above, equipped with an aftertreatment system that reduces

NOx to 0.5 g/bhp-hr and PM to 0.01 g/bhp-hr standards. The

NMHC, CO, and formaldehyde standards in this paragraph (11)

shall still apply. Manufacturers shall be responsible for full

certification, durability, testing, and warranty and other

requirements for the base engine. For the aftertreatment system,

manufacturers shall not be subject to the certification durability

requirements, or in-use recall and enforcement provisions, but are

subject to warranty provisions for functionality.

(A) Engine manufacturers may sell diesel-fueled, dual-fuel, or

bi-fuel engines to any transit fleet exempted by the

Executive Officer under paragraphs (c)(8) and (d)(7) of

section 1956.2, Title 13, CCR, from the requirements of

paragraphs (c)(5) and (d)(4) of section 1956.2, certified to

the standards in either paragraphs (9) or (10) above,

provided that engines certified to the standards in

paragraph (10) must be certified to a 0.01 g/bhp-hr PM

standard.

(B) Manufacturers may sell diesel-fueled hybrid-electric buses

that are certified to a 1.8 g/bhp-hr NOx, and 0.01 g/bhp-hr

PM, 0.5 g/bhp-hr NMHC, and 15.5 g/bhp-hr CO standard to

any transit agency that has received written authorization

from the Executive Officer pursuant to paragraph (d)(9) of

section 1956.2, title 13, CCR. The formaldehyde standard

set forth in paragraph (11), above, shall not apply to the

HEBs sold pursuant to this subparagraph.

(12) 2007 and subsequent – 0.2 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05

g/bhp-hr NMHC, 5.0 g/bhp-hr CO, and 0.01 g/bhp-hr

formaldehyde.

(b) 2003-2006 – A bi-fuel engine meeting the definition of a heavy-duty pilot

ignition engine set forth in section1956.2 (b)(4) may be certified to the

standards in section1956.1 (a)(8) and (a)(10), provided that the engine is

certified to an optional PM standard of 0.03, 0.02, or 0.01 g/bhp-hr.

(c) The test procedures for determining compliance with standards

applicable to 1985 and subsequent heavy-duty diesel cycle urban bus

engines and vehicles and the requirements for participation in the

averaging, banking and trading programs, are set forth in the "California
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Exhaust Emission Standards and Test Procedures for 2004 and

Subsequent Model Heavy-Duty Diesel Engines and Vehicles," adopted

December 12, 2002, and the “California Interim Certification Procedures

for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban

Bus and Heavy-Duty Vehicle Classes”, adopted October 24, 2002, which

are incorporated by reference herein.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104,

and 43806, Health and Safety Code, and section 28114, Vehicle Code

Reference: Sections 39002, 39003, 39017, 39033, 39500, 39650, 39657, 39667,

39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, and 43806, Health and

Safety Code, and section 28114, Vehicle Code.
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Amend Section 2020 to read as follows:

Section 2020. Purpose and Definitions of Diesel Particulate Matter Control Measures

Purpose. Diesel particulate matter was identified in 1998 as a toxic air contaminant.

According to California law, an airborne toxic control measure using the best available

control technology shall, therefore, be employed to reduce the public’s exposure to diesel

particulate matter.

Definitions. For the purposes of the rules specified in article 4, the following definitions

apply:

“Alternative fuel” means natural gas, propane, ethanol, methanol, gasoline (when used in

hybrid electric buses only), hydrogen, electricity, fuel cells, or advanced technologies that

do not rely on diesel fuel. “Alternative fuel” also means any of these fuels used in

combination with each other or in combination with other non-diesel fuels.

“Commercially available” means available for purchase and installation at a reasonable

cost.

“Heavy-duty pilot ignition engine” means an engine designed to operate using an

alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio of no

more than one part diesel fuel to ten parts total fuel on an energy equivalent basis. An

engine that can operate or idle solely on diesel fuel at any time does not meet this

definition.

“Level” means one of three categories of Air Resources Board-verified diesel emission

control strategies: Level 1 means the strategy reduces engine diesel particulate matter

emissions by between 25 and 49 percent, Level 2 means the strategy reduces engine

diesel particulate matter emissions by between 50 and 84 percent, and Level 3 means the

strategy reduces engine diesel particulate matter emissions by 85 percent or greater, or

reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per

brake horsepower-hour.

“Municipality” means a city, county, city and county, special district, or a public agency of

the United States of America or the State of California, and any department, division,

public corporation, or public agency of this State or of the United States, or two or more

entities acting jointly, or the duly constituted body of an Indian reservation or rancheria.

“Owner” means the same as in title 13, California Code of Regulations, section

2180.1(a)(21).

“Retirement” or “Retire” means an engine or vehicle will be withdrawn from an active fleet in

California. The engine may be sold outside of California, scrapped, or used in a backup

vehicle.
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"Transit agency” means a public entity responsible for administering and managing transit

services. Public transit agencies can directly operate transit service or contract out for all

or part of the total transit service provided.

“Terminal” means any place or places where a vehicle is regularly garaged or maintained,

or from which it is operated or dispatched, which may include a private business or

residence.

“Verified” means that a diesel emission control strategy or system has received approval

from the Executive Officer according to the “Verification Procedure for In-Use Strategies to

Control Emissions from Diesel Engines” in title 13, California Code of Regulations,

commencing with section 2700, and incorporated by reference.

“Warranty Period” means the same as in title 13, California Code of Regulations, section

2707.

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code.

Reference: Sections 39002, 39003, 39650 - 39675, 43000, 43013, 43018, 43101,

43102, 43104, 43105 and 43700, Health and Safety Code.
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Amend Section 2021 to read as follows:

Section 2021. Solid Waste Collection Vehicles

(a) Scope and Applicability. Sections 2021 and 2021.1 shall apply to municipalities

that have a contract with owners for residential and commercial solid waste

collection service. Sections 2021 and 2021.2 shall apply to solid waste collection

vehicle owners, both private and government entities. These regulations mandate

the reduction of diesel particulate matter emissions from 1960 to 2006 model year

engines in on-road diesel-fueled heavy-duty residential and commercial solid waste

collection vehicles with a manufacturer’s gross vehicle weight rating greater than

14,000 pounds.

(b) Definitions. The definitions in Section 2020 shall apply to sections 2021, 2021.1,

and 2021.2. In addition, the following definitions apply only to sections 2021,

2021.1, and 2021.2.

“Active fleet” means the total, by terminal, of an owner’s collection vehicles,

excluding backup vehicles.

“Backup vehicle” means a collection vehicle that is driven fewer than 1000 miles

annually.

“Contract” means an agreement between an owner and a municipality to perform

residential or commercial solid waste collection services, in which the contractor’s

compensation for providing services, or a formula for determining compensation, is

specified.

“Contractor” means an owner with a contract as defined in this section.

“Residential and commercial solid waste” means all putrescible and nonputrescible

solid, and semisolid wastes, including garbage, trash, refuse, rubbish, ashes, yard

waste, recyclable materials, industrial wastes, demolition and construction wastes,

abandoned vehicles and parts thereof, discarded home and industrial appliances,

manure, vegetable or animal solid and semisolid wastes, and other discarded solid

and semisolid wastes originating from single-family or multiple family dwellings,

stores, offices, and other commercial sources, and construction and demolition

projects in residential and commercial zones, not including hazardous, radioactive,

or medical waste.

“Retirement” or “Retire” means an engine or vehicle will be withdrawn from an active

fleet in California. The engine may be sold outside of California, scrapped, or used

in a backup vehicle.

“Roll off vehicle” means any heavy-duty vehicle used for transporting waste

containers such as open boxes or compactors that may be removed from the

tractor.
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“Solid waste collection vehicle or collection vehicle” means an on-road heavy-duty

vehicle with a manufacturer’s gross vehicle weight rating of greater than 14,000

pounds used for the purpose of collecting residential and commercial solid waste

for a fee, including roll off vehicles.

“Total Fleet” means the total of an owner’s collection vehicles, excluding backup

vehicles.

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:

Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104,

43105, and 43700, Health and Safety Code.
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Adopt Section 2023 to read as follows:

(Language previously in section 1956.2 has been moved to section 2023. Below

shows the text previously in section 1956.2 with amendments shown in underline

to indicate additions and strikeout to indicate deletions. Language shown in

double underline indicate addition of new regulatory language. )

1956.22023 Fleet Rule for Transit Agencies

(a) To encourage transit agencies that operate urban bus fleets to purchase or

lease lower emission alternative-fuel buses, while also providing flexibility to

such fleet operators to determine their optimal fleet mix in consideration of

such factors as air quality benefits, service availability, cost, efficiency,

safety, and convenience, two paths to compliance with this fleet rule are

available: the alternative-fuel path and the diesel path.

(1) Transit agencies must choose their compliance path, and shall notify

ARB of their intent to follow either the diesel or the alternative-fuel

path, by January 31, 2001. Reporting requirements for that

notification are set forth in subdivisions (a) and (b) of section 1956.4,

title 13, CCR.

(2) A transit agency within the jurisdiction of the South Coast Air Quality

Management District may elect to change its compliance path from

the diesel path to the alternative-fuel path, provided that the transit

agency notifies the Executive Officer of the change by January 31,

2004, and provided that the transit agency is in compliance with all

requirements of section 1956.2, including specific requirements of the

diesel path, on or before January 1, 2004. Reporting requirements for

this notification are set forth in paragraph (b)(3) of section 1956.4, title

13, CCR.

(b)(a) The definitions in Section 2020 shall apply to sections 2023, 2023.1, 2023.2,

2023.3 and 2023.4. For purposes of the fleet rule specified in this section

the following definitions and apply:In addition, the following definitions apply

only to sections 2023, 2023.1, 2023.2, 2023.3 and 2023.4.

(1) “Alternative fuel” means natural gas, propane, ethanol, methanol,

gasoline (when used in hybrid electric buses only), hydrogen,

electricity, fuel cells, or advanced technologies that do not rely on

diesel fuel. Alternative fuel also means any of these fuels used in

combination with each other or in combination with other non-diesel

fuels.

(2)(1) “Active fleet” means the total number of urban buses, including spare

buses operated by a transit agency or under contract to a transit

agency, but not emergency contingency vehicles or non-revenue

producing vehicles.
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(2) "Commuter Service Bus" means a passenger-carrying vehicle

powered by a heavy heavy-duty diesel engine or of a type normally

powered by a heavy heavy-duty diesel engine that is not otherwise an

urban bus and which operates on a fixed route primarily during peak

commute hours and that has no more than ten scheduled stops per

day, excluding park-and-ride lots. A commuter service bus is a transit

fleet vehicle.

(3) "Diesel PM emission total," for the purposes of sections 2023.1 and

2023.2, means the sum of the particulate matter (PM) value, based on

the engine certification standard, of each diesel fuel, dual-fuel, bi-fuel

(except for heavy-duty pilot ignition engines), and diesel hybridelectric engine in a transit agency's active fleet or transit fleet vehicle

fleet in g/bhp-hr. For 1987 and earlier engines, the PM exhaust

emission value shall be presumed to be 1.0 g/bhp-hr.

(3)(4) “Emergency contingency vehicle” means an urban bus placed in an

inactive contingency fleet for energy or other local emergencies, after

the urban bus has reached the end of its normal minimum useful life.

(4) “Heavy-duty pilot ignition engine” means an engine designed to

operate using an alternative fuel, except that diesel fuel is used for

pilot ignition at an average ratio of no more than 1 part diesel fuel to

10 parts total fuel on an energy equivalent basis. An engine that can

operate or idle solely on diesel fuel at any time does not meet this

definition.

(5) “Hybrid-electric bus” means an urban bus equipped with at least two

sources of energy on board; this energy is converted to motive power

using electric drive motors and an auxiliary power unit, which converts

consumable fuel energy into mechanical or electrical energy. The

electric drive motors must be used partially or fully to drive the

vehicle’s wheels.

(6) "Low Usage Vehicle" means a non-revenue-generating transit fleet

vehicle that operates for no more than 1000 miles per year.

(7) "New Transit Agency" means

(A) for the purposes of section 2023.1, a transit agency formed

after January 1, 2002;

(B) for the purposes of section 2023.2, a transit agency formed

after January 1, 2005.

(8) "NOx Fleet Average" for the purposes of sections 2023.1 and 2023.2

means the average of the oxides of nitrogen (NOx) emissions for all

transit fleet vehicles or urban buses, owned, operated, or leased by a

transit agency, based on the engine certification standard of each

engine. The NOx fleet average is calculated by summing the NOx

engine certification standards in g/bhp-hr, of each engine in an active

fleet or transit fleet vehicle fleet, and dividing by the total number of

vehicles in that fleet.
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(9) “Retirement” or “Retire” means an engine will be withdrawn from a

transit vehicle fleet in California. The engine may be sold outside of

California, scrapped or used in an emergency contingency vehicle or

low usage vehicle.

(6)(10) “Spare bus” means an urban bus that is used to accommodate

routine maintenance and repair operations, and to replace a bus in

scheduled service that breaks down or is involved in an accident.

(7) “Transit agency” means a public entity responsible for administering

and managing transit services. Public transit agencies can directly

operate transit service or contract out for all or part of the total transit

service provided.

(11) “Transit Fleet” means a transit agency's urban buses and transit fleet

vehicles, excluding emergency contingency vehicles and low usage

vehicles.

(12) “Transit Fleet Vehicle” means an on-road vehicle greater than 8,500

pounds gross vehicle weight rating (GVWR) powered by a heavy-duty

engine fueled by diesel or alternative fuel, owned or operated by a

transit agency, and which is not an urban bus.

(8)(13)“Urban bus” means a passenger-carrying vehicle powered by a heavy

heavy-duty diesel engine, or of a type normally powered by a heavy

heavy-duty diesel engine, with a load capacity of fifteen (15) or more

passengers and intended primarily for intra-city operation, i.e., within

the confines of a city or greater metropolitan area. Urban bus

operation is characterized by short rides and frequent stops. To

facilitate this type of operation, more than one set of quick-operating

entrance and exit doors would normally be installed. Since fares are

usually paid in cash or token, rather than purchased in advance in the

form of tickets, urban buses would normally have equipment installed

for the collection of fares. Urban buses are also typically

characterized by the absence of equipment and facilities for long

distance travel, e.g., restrooms, large luggage compartments, and

facilities for stowing carry-on luggage.

(b) A new transit agency shall:

(1) notify the Executive Officer in writing of its existence and submit

reports to the Executive Officer as required in section 2023.4(j);

(2) choose a compliance path for its active fleet and notify the Executive

Officer within 120 days of formation of its intent to follow either the

diesel path or alternative path, as described in section 2023.1(a),

except that a new transit agency that is a successor to an existing

transit agency shall follow the compliance path of the transit agency

out of which it has been formed;

(3) meet the NOx fleet average and the diesel PM total of the urban

buses or transit fleet vehicles

(A) used in the transit operations of the existing transit agency out

of which the new transit agency is formed or,
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(B) if not formed from an existing transit agency, meet the

requirements set forth in 2023.1(d)(4), 2023.1(e)(5) for urban

buses and 2023.2 (a)(1)(B), 2023.2 (a)(2)(B) 2023.2(b)(3) for

transit fleet vehicles;and,

(4) comply with all applicable requirements of section 2023, section

2023.1, 2023.2 and 2023.4.

(c) Transit agencies on the alternative-fuel path shall meet the following

requirements:

(1) Upon approval of the regulation, and through Model Year 2015, at

least 85 percent of all urban buses purchased or leased each year

must be alternative-fuel buses or buses with engines purchased under

paragraph (c)(9).

(2) NOx fleet average requirements as set forth in subdivision (e), below.

(3) Beginning October 1, 2002, only engines certified to an optional PM

standard of 0.03 g/bhp-hr or lower shall be purchased when making

new bus purchases.

(4) Total diesel PM emission reduction requirements and use of lowsulfur or other allowed fuel as set forth in subdivision (f), below.

(5) Transit agencies on the alternative-fuel path shall not purchase any

diesel-fueled, dual-fuel, or bi-fuel buses with 2004 – 2006 model year

engines certified to emissions levels in excess of those specified in

paragraph (a)(11) of section 1956.1, title 13, CCR, except as

provided in paragraph (c)(8) or (c)(9) of this section.

(6) Zero-emission bus purchase requirements beginning in model year

2010, in accordance with the requirements set forth in subdivision (c)

of section 1956.3, title 13, CCR.

(7) Reporting requirements as set forth in section 1956.4, title 13, CCR.

(8) The Executive Officer may exempt transit agencies on the alternativefuel path from the requirements of paragraph (c)(5) of section 1956.2,

title 13, CCR, provided that:

(A) A transit agency applies to the Executive Officer for such

exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive Officer that it

will achieve NOx emissions benefits through 2015 greater than

what would have been achieved through compliance with

paragraph (c)(5); and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association, have

demonstrated, or are contractually committed to demonstrate,

advanced NOx aftertreatment technology.

(9) A transit agency on the alternative-fuel path may purchase a bus

operated with a heavy-duty pilot ignition engine provided the engine

meets the standards set forth in subdivision (b) of section 1956.1.
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(d) Transit agencies on the diesel path shall meet the following requirements:

(1) NOx fleet average requirements as set forth in subdivision (e), below.

(2) Total diesel PM emission reduction requirements and use of lowsulfur or other allowed fuel as set forth in subdivision (f), below.

(3) Zero-emission bus demonstration as required in subdivision (b) of

section 1956.3, title 13, CCR.

(4) Transit agencies on the diesel path shall not purchase any dieselfueled, dual-fuel, or bi-fuel buses with 2004 – 2006 model year

engines certified to emissions levels in excess of those specified in

paragraph (a)(11) of section 1956.1, title 13, CCR, except as

provided in paragraph (d)(7) or (d)(8) of this section. Beginning

July 1, 2003, a transit agency may not purchase alternative fuel buses

certified to a PM emission level in excess of the optional standard of

0.03 g/bhp-hr when making new bus purchases.

(5) Zero-emission bus purchase requirements beginning in model year

2008, in accordance with the requirements set forth in subdivision (c)

of section 1956.3, title 13, CCR.

(6) Reporting requirements as set forth in section 1956.4, title 13, CCR.

(7) The Executive Officer may exempt transit agencies on the diesel path

from the requirements of paragraph (d)(4) of section 1956.2, title 13,

CCR, provided that:

(A) A transit agency applies to the Executive Officer for such

exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive Officer that it

will achieve NOx emissions benefits through 2015 greater than

what would have been achieved through compliance with

paragraph (d)(4); and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association, have

demonstrated, or are contractually committed to demonstrate,

advanced NOx aftertreatment technology.

(8) A transit agency on the diesel-fuel path may purchase a bus operated

with a heavy-duty pilot ignition engine provided the engine meets the

standards set forth in subdivision (b) of section 1956.1.

(9) The Executive Officer shall authorize, in writing, a transit agency on

the diesel path to purchase one or more diesel-fueled hybrid-electric

bus certified under title 13, CCR, section 1956.1 (a)(11)(B) provided

that:

(A) The transit agency shall submit a mitigation plan and letter

requesting approval by January 1, 2005, to the Executive
A-16

Officer that demonstrates that the transit agency will provide

surplus emission reductions from urban buses in its fleet that

will offset the NOx emission difference between the certified

NOx emission standard of the hybrid-electric bus and 0.5

g/bhp-hr. The transit agency may not use NOx emission

reductions that are otherwise required by any statute,

regulation, or order or the emission reductions that will accrue

from the retirement of an urban bus to be replaced by a hybridelectric bus for the offset;

(B) The transit agency shall complete implementation of all

mitigation measures set forth in the approved plan to offset

NOx emissions prior to the receipt of the last diesel-fueled

hybrid-electric bus; and

(C) The transit agency shall submit the reports required by section

1956.4 (h).

(e) Beginning October 1, 2002, no transit agency shall own, operate, or lease an

active fleet of urban buses with average NOx emissions in excess of 4.8

g/bhp-hr, based on the engine certification standards of the engines in the

active fleet.

(1) This active fleet average requirement shall be based on urban buses

owned, operated, or leased by the transit agency, including diesel

buses, alternative-fuel buses, all heavy-duty zero-emission buses,

electric trolley buses, and articulated buses, in each transit agency’s

active fleet. The Executive Officer may allow zero-emission buses

that do not meet the definition of an urban bus to be included in the

calculation of the fleet average standard upon written request to the

ARB by January 31, 2002, and upon approval by the Executive

Officer. The request shall include a description of the zero-emission

buses, the zero-emission technology utilized, and the number of zeroemission buses to be used in calculating the NOx fleet average

standard. Zero-emission buses not meeting the definition of an urban

bus may not be used to satisfy the requirements of the Zero-emission

Bus Demonstration Project set forth in subdivision (b) of section

1956.3, title 13, CCR.

(2) Transit agencies may use ARB-certified NOx retrofit systems to

comply with the fleet average requirement (in addition to bus

purchases, repowerings, and retirements).

(3) Transit agencies have the option of retiring all 1987 and earlier model

year diesel urban buses by October 1, 2002, to comply with the fleet

average standard requirement.

(f) To reduce public exposure to diesel particulate matter, each transit agency

shall reduce the total diesel PM emissions of the diesel buses in its active

fleet relative to its total diesel PM emissions as of
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January 1, 2002, according to the schedule below, and shall operate its

diesel buses on diesel fuel with a maximum sulfur content of 15 parts per

million by weight. A transit agency shall calculate its diesel PM emission

total by summing the PM exhaust emission values specified in section

1956.1(a) for each diesel-fueled, dual-fuel, bi-fuel (except for heavy-duty pilot

ignition engines), and diesel hybrid-electric engine in its active fleet in grams

per brake horsepower-hour (g/bhp-hr). For 1987 and earlier engines, the

PM exhaust emission value shall be presumed to be 1.0 g/bhp-hr.

Documentation of compliance with these requirements must be provided in

accordance with the provisions of subdivision (d) of section 1956.4, title 13,

CCR.

(1) No later than January 1, 2004:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 60 percent of its diesel PM

emission total on January 1, 2002.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 80 percent of its

diesel PM emission total on January 1, 2002.

(2) No later than January 1, 2005:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 40 percent of its diesel PM

emission total on January 1, 2002.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 60 percent of its

diesel PM emission total on January 1, 2002.

(3) No later than January 1, 2007:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 15 percent of its diesel PM

emission total on January 1, 2002.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 40 percent of its

diesel PM fleet average on January 1, 2002.

(4) No later than January 1, 2009, the diesel PM emission total for a

transit agency on the alternative fuel path shall be no more than 15

percent of its diesel PM emission total on January 1, 2002.

(c) (8) A transit agency that installs a diesel emission control strategy to

reduce diesel PM shall use a diesel emission control strategy that is

verified by the Executive Officer in accordance with section 2700 et
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seq., title 13, CCR, or an urban bus retrofit device that has been

exempted under Vehicle Code section 27156 as an engine rebuild kit

and that reduces PM to 0.10 g/bhp-hr when used on an engine model

6V92TA DDEC for the model years specified for that engine.

(d) (9) A transit agency that installs a diesel emission control strategy on an

urban bus engine shall use the following percentage reductions from

the engine certification standard value when calculating its total diesel

PM emissions: 25 percent for a Level 1, 50 percent for a Level 2, and

85 percent for a Level 3 diesel emission control strategy.

(e) (g) A transit agency with fewer than 20 30 buses in its active transit fleet

may apply for an extension to comply with the provisions of section

1956.2 2023.1 and section 2023.2 by submitting documentation of

financial hardship to the Executive Officer, in writing, at least thirty (30)

days before the requirement becomes applicable for approval by the

Executive Officer. Documentation of financial hardship shall include,

but is not limited to, an analysis of the cost of compliance, the sources

of available funds, and the shortfall between funds available and the

cost of compliance. The transit agency must also specify the date

and means by which compliance will be achieved in the request for a

delay.

(f)(5) A transit agency that is unable to comply with an implementation

deadline specified in section 2023.1 paragraph (f)(e)(1), (2), (3), or

(4) or section 2023.2 (b)(1) or (2) because of the unavailability of

technology may apply in writing to the Executive Officer for an

extension of the compliance deadline. The application to the

Executive Officer must be made in writing and at least to comply no

later than ninety (90) days beforeprior to the applicable

implementation deadline. The Executive Officer may grant an

extension, for a time of up to, but not to exceed, one year., provided

that Tthe applicant:

(1) must demonstrates that the technology is unavailable;

(2) shall explains why the transit agency cannot comply by

retiring older buses; and

(3) shall provides a schedule for compliance.

(6) Beginning July 1, 2002, a transit agency shall not operate its diesel

buses on diesel fuel with a sulfur content in excess of 15 parts per

million by weight, except that a transit agency may operate its diesel

buses on a fuel that is verified by the Executive Officer as a diesel

emission control strategy that reduces PM in accordance with section

2700 et seq., title 13, CCR. A transit agency with fewer than 20

buses in its active fleet, and that operates in a federal one-hour ozone

attainment area, is not subject to this low-sulfur fuel requirement until

July 1, 2006. In areas redesignated as one-hour ozone nonattainment areas prior to July 1, 2006, a transit agency initially exempt

from the low-sulfur fuel requirement shall submit a plan to the
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Executive Officer within 30 days of redesignation for achieving

compliance with this requirement.

(g)(7) A transit agency that owns, operates, or leases fewer than 20 dieselfueled, dual-fuel, bi-fuel, or diesel hybrid-electric buses in its active

transit fleet and that operates in a federal one-hour ozone attainment

area may delay implementation of the intermediate total diesel PM

emission reduction requirements provided the transit agency

complies with the implementation deadlines set forth in Section

2023.1 paragraphs (f)(e)(3)(A) or (f)(e)(4) and section 2023.2

paragraph (b)(2).

(h) Non-Compliance. Any violations of sections 2023, 2023.1, 2023.2,

2023.3, or 2023.4 may be subject to civil penalties as specified in state law

and regulations.

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, 43701(b) Health

and Safety Code. Reference: Sections 39002, 39003, 39017, 39500, 39650, 39667,

40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801, 43806 Health and Safety Code,

and sections 233, 28114, Vehicle Code.
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Adopt section 2023.1 to read as follows:

(Language previously in sections 1956.2 has been moved to section 2023.1.

Below shows changes in text previously in section 1956.2 in underline to indicate

amendments and strikeout to indicate deletions. Language shown in double

underline indicates addition of new regulatory language.

2023.1 Fleet Rule for Transit Agencies - Urban Bus Requirements

(a) To encourage transit agencies that operate urban bus fleets to purchase or

lease lower emission alternative-fuel buses, while also providing flexibility to

such fleet operators to determine their optimal fleet mix in consideration of

such factors as air quality benefits, service availability, cost, efficiency,

safety, and convenience, two paths to compliance with this fleet rule are

available: the alternative-fuel path and the diesel path.

(1) Transit agencies must choose their compliance path, and shall notify

ARB of their intent to follow either the diesel or the alternative-fuel

path, by January 31, 2001. Reporting requirements for that

notification are set forth in subdivisions (a) and (b) of section

1956.42023.4, title 13, CCR.

(2) A transit agency within the jurisdiction of the South Coast Air Quality

Management District may elect to change its compliance path from

the diesel path to the alternative-fuel path, provided that the transit

agency notifies the Executive Officer of the change by January 31,

2004, and provided that the transit agency is in compliance with all

requirements of section 1956.22023.1, including specific

requirements of the diesel path, on or before January 1, 2004.

Reporting requirements for this notification are set forth in paragraph

(b)(3) of section 1956.42023.4, title 13, CCR.

(3) A new transit agency that is a successor to an existing transit agency

or that has been created from a merger of two or more transit

agencies or parts of two or more transit agencies must have the same

compliance path as the transit agency or agencies out of which it is

formed.

(c)(b) Transit agencies on the alternative-fuel path shall meet the following

requirements:

(1) Upon approval of the regulation, and through Model Year 2015, at

least 85 percent of all urban buses purchased or leased each year

must be alternative-fuel buses or buses with engines purchased under

paragraph (c)(b)(9).

(2) NOx fleet average requirements as set forth in subdivision (e)(d),

below.
A-21

(3) Beginning October 1, 2002, only engines certified to an optional PM

standard of 0.03 g/bhp-hr or lower shall be purchased when making

new bus purchases.

(4) Total diesel PM emission reduction requirements and use of lowsulfur or other allowed fuel as set forth in subdivision (f)(e), below.

(5) Transit agencies on the alternative-fuel path shall not purchase any

diesel-fueled, dual-fuel, or bi-fuel buses with 2004 - 2006 model year

engines certified to emissions levels in excess of those specified in

paragraph (a)(11) of section 1956.1, title 13, CCR, except as

provided in paragraph (c)(b)(8) or (c)(b)(9) of this section.

(6) Zero-emission bus purchase requirements beginning in model year

2010, in accordance with the requirements set forth in subdivision (c)

of section 1956.32023.3, title 13, CCR.

(7) Reporting requirements as set forth in section 1956.42023.4, title 13,

CCR.

(8) The Executive Officer may exempt transit agencies on the alternativefuel path from the requirements of paragraph (c)(b)(5) of section

1956.22023.1, title 13, CCR, provided that:

(A) A transit agency applies to the Executive Officer for such

exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive Officer that it

will achieve NOx emissions benefits through 2015 greater than

what would have been achieved through compliance with

paragraph (c)(b)(5); and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association, have

demonstrated, or are contractually committed to demonstrate,

advanced NOx aftertreatment technology.

(9) A transit agency on the alternative-fuel path may purchase a bus

operated with a heavy-duty pilot ignition engine provided the engine

meets the standards set forth in subdivision (b) of section 1956.1, title

13, CCR.

(d)(c) Transit agencies on the diesel path shall meet the following requirements:

(1) NOx fleet average requirements as set forth in subdivision (e)(d),

below.

(2) Total diesel PM emission reduction requirements and use of lowsulfur or other allowed fuel as set forth in subdivision (f)(e), below.

(3) Zero-emission bus demonstration as required in subdivision (b) of

section 1956.32023.3, title 13, CCR.

(4) Transit agencies on the diesel path shall not purchase any dieselfueled, dual-fuel, or bi-fuel buses with 2004 - 2006 model year

engines certified to emissions levels in excess of those specified in
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paragraph (a)(11) of section 1956.1, title 13, CCR, except as

provided in paragraph (d)(c)(7) or (d)(c)(8) of this section. Beginning

July 1, 2003, a transit agency may not purchase alternative fuel buses

certified to a PM emission level in excess of the optional standard of

0.03 g/bhp-hr when making new bus purchases.

(5) Zero-emission bus purchase requirements beginning in model year

2008, in accordance with the requirements set forth in subdivision (c)

of section 1956.32023.3, title 13, CCR.

(6) Reporting requirements as set forth in section 1956.42023.4, title 13,

CCR.

(7) The Executive Officer may exempt transit agencies on the diesel path

from the requirements of paragraph (d)(c)(4) of section

1956.22023.1, title 13, CCR, provided that:

(A) A transit agency applies to the Executive Officer for such

exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive Officer that it

will achieve NOx emissions benefits through 2015 greater than

what would have been achieved through compliance with

paragraph (d)(c)(4); and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association, have

demonstrated, or are contractually committed to demonstrate,

advanced NOx aftertreatment technology.

(8) A transit agency on the diesel-fuel path may purchase a bus operated

with a heavy-duty pilot ignition engine provided the engine meets the

standards set forth in subdivision (b) of section 1956.1.

(9) The Executive Officer shall authorize, in writing, a transit agency on

the diesel path to purchase one or more diesel-fueled hybrid-electric

bus certified under title 13, CCR, section 1956.1 (a)(11)(B) provided

that:

(A) The transit agency shall submit a mitigation plan and letter

requesting approval by January 31, 2005, to the Executive

Officer that demonstrates that the transit agency will provide

surplus emission reductions from urban buses in its fleet that

will offset the NOx emission difference between the certified

NOx emission standard of the hybrid-electric bus and 0.5

g/bhp-hr. The transit agency may not use NOx emission

reductions that are otherwise required by any statute,

regulation, or order or the emission reductions that will accrue

from the retirement of an urban bus to be replaced by a hybridelectric bus for the offset;

(B) The transit agency shall complete implementation of all

mitigation measures set forth in the approved plan to offset
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NOx emissions prior to the receipt of the last diesel-fueled

hybrid-electric bus; and

(C) The transit agency shall submit the reports required by section

1956.4 (h)2023.4(g).

(e)(d) Beginning October 1, 2002, no transit agency shall own, operate, or lease an

active fleet of urban buses with average NOx emissions in excess of 4.8

g/bhp-hr, based on the engine certification standards of the engines in the

active fleet.

(1) This active fleet average requirement shall be based on urban buses

owned, operated, or leased by the transit agency, including diesel

buses, alternative-fuel buses, all heavy-duty zero-emission buses,

electric trolley buses, and articulated buses, in each transit agency’s

active fleet. The Executive Officer may allow zero-emission buses

that do not meet the definition of an urban bus to be included in the

calculation of the fleet average standard upon written request to the

ARB by January 31, 2002, and upon approval by the Executive

Officer. The request shall include a description of the zero-emission

buses, the zero-emission technology utilized, and the number of zeroemission buses to be used in calculating the NOx fleet average

standard. Zero-emission buses not meeting the definition of an urban

bus may not be used to satisfy the requirements of the Zero-emission

Bus Demonstration Project set forth in subdivision (b) of section

1956.32023.3, title 13, CCR.

(2) Transit agencies may use ARB-certified NOx retrofit systems to

comply with the fleet average requirement (in addition to bus

purchases, repowerings, and retirements).

(3) Transit agencies have the option of retiring all 1987 and earlier model

year diesel urban buses by October 1, 2002, to comply with the fleet

average standard requirement.

(4) A transit agency established after January 1, 2005, shall not operate

an active fleet of urban buses with an average NOx emission in

excess of 4.0 g/bhp-hr or

(A) the NOx average of the active fleet of the transit agency from

which it was formed, whichever is lower, or

(B) in the case of a merger of two or more transit agencies or parts of

two or more transit agencies, the average of the NOx fleet averages,

whichever is lower.

(f)(e) To reduce public exposure to diesel particulate matter, each transit agency

shall reduce the total diesel PM emissions total of the diesel buses in its

active fleet relative to its total diesel PM emissions total as of January 1,

2002, according to the schedule below, and shall operate its diesel buses on

diesel fuel with a maximum sulfur content of 15 parts per million by weight. A
A-24

transit agency shall calculate its diesel PM emission total by summing the

PM exhaust emission values specified in section 1956.1(a) for each dieselfueled, dual-fuel, bi-fuel (except for heavy-duty pilot ignition engines), and

diesel hybrid-electric engine in its active fleet in grams per brake

horsepower-hour (g/bhp-hr). For 1987 and earlier engines, the PM exhaust

emission value shall be presumed to be 1.0 g/bhp-hr. Documentation of

compliance with these requirements must be provided in accordance with

the provisions of subdivision (d) of section 1956.42023.4, title 13, CCR.

(1) No later than January 1, 2004:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 60 percent of its diesel PM

emission total on January 1, 2002.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 80 percent of its

diesel PM emission total on January 1, 2002.

(2) No later than January 1, 2005:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 40 percent of its diesel PM

emission total on January 1, 2002.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 60 percent of its

diesel PM emission total on January 1, 2002.

(3) No later than January 1, 2007:

(A) The diesel PM emission total for a transit agency on the diesel

path shall be no more than 15 percent of its diesel PM

emission total on January 1, 2002 or equal to 0.01 g/bhp-hr

times the total number of current diesel-fueled active fleet

buses, whichever is greater.

(B) The diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 40 percent of its

diesel PM fleet average on January 1, 2002.

(4) No later than January 1, 2009, the diesel PM emission total for a

transit agency on the alternative fuel path shall be no more than 15

percent of its diesel PM emission total on January 1, 2002 or equal to

0.01 g/bhp-hr times the total number of current diesel-fueled active

fleet buses, whichever is greater.

(5) Beginning on January 1, 2005, a new transit agency may not have a

diesel PM emission total exceeding the following values:
A-25

(1) As of January 1, 2005 through December 31, 2009,

0.05g/bhp-hr (exhaust emission value) times the total

number of diesel-fueled buses in the active fleet;

(2) As of January 1, 2010, 0.01 g/bhp-hr (exhaust emission

value) times the total number of diesel-fueled buses in

the active fleet.

(6) Beginning July 1, 2002, a transit agency shall not operate its diesel

urban buses on diesel fuel with a sulfur content in excess of 15 parts

per million by weight, except that a transit agency may operate its

diesel buses on a fuel that is verified by the Executive Officer as a

diesel emission control strategy that reduces PM in accordance with

section 2700 et seq., title 13, CCR. A transit agency with fewer than

20 buses in its active fleet, and that operates in a federal one-hour

ozone attainment areas, is not subject to this low-sulfur fuel

requirement until July 1, 2006. In areas redesignated as one-hour

ozone non-attainment areas prior to July 1, 2006, a transit agency

initially exempt from the low-sulfur fuel requirement shall submit a plan

to the Executive Officer within 30 days of redesignation for achieving

compliance with this requirement.

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, 43701(b) Health

and Safety Code. Reference: Sections 39002, 39003, 39017, 39500, 39650, 39667,

40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801, 43806 Health and Safety Code,

and sections 233, 28114, Vehicle Code.
A-26

Adopt Section 2023.2 to read as follows:

(All of section 2023.2 is new language)

Section 2023.2 Fleet Rule for Transit Agencies – Transit Fleet Vehicle

Requirements

(a) A transit agency shall not operate transit fleet vehicles with a NOx fleet

average exceeding the following values as of the specified dates. A transit

agency shall provide documentation of compliance with the requirements in

accordance with the provisions of subdivision (e)(2) of section 2023.4, title

13, CCR.

(1) Beginning December 31, 2007 through December 30, 2010, 3.2

g/bhp-hr;

(A) A transit agency may retire all 1997 and earlier model year

engines in transit fleet vehicles by December 31, 2007, to

comply with the NOx fleet average requirement.

(B) For a new transit agency established after December 31, 2007

and through December 31, 2009, either 3.2 g/bhp-hr or no

higher than the NOx average of the transit fleet vehicles of the

transit agency from which the new transit agency has been

formed, whichever is lower.

(2) Beginning December 31, 2010, 2.4 g/bhp-hr;

(A) A transit agency may retire all 2001 and earlier model year

engines in transit fleet vehicles by December 31, 2010, to

comply with the NOx fleet average requirement.

(B) For a new transit agency established after December 31,

2010, either 2.4 g/bhp-hr or no higher than the NOx average of

the transit fleet vehicles of the transit agency from which the

new transit agency has been formed, whichever is lower.

(3) Zero-emission buses used to satisfy the requirements set forth in

subdivision (d) of section 2023.1 may not be used to meet the

requirements of this subdivision.

(4) A transit agency may claim NOx reductions by application of a system

that has been verified by the Executive Officer in accordance with

section 2700 et seq., title 13, CCR to comply with the fleet average

requirement, in addition to transit fleet vehicle purchases, retirements,

or engine repowering.

(b) A transit agency shall reduce the total diesel particulate matter (PM)

emissions of its diesel transit fleet vehicles relative to its total diesel PM

emissions from diesel transit fleet vehicles as of January 1, 2005, according

to the schedule below. "Diesel PM emission total" and how it is calculated

are defined in 2023(a)(3). A transit agency shall provide documentation of
A-27

compliance with these requirements in accordance with the provisions of

subdivision (e)(3) of section 2023.4, title 13, CCR.

(1) No later than December 31, 2007, the diesel PM emission total for a

transit agency’s transit fleet vehicle fleet shall be no more than 60

percent of its diesel PM emission total on January 1, 2005.

(2) No later than December 31, 2010, the diesel PM emission total for a

transit agency’s transit fleet vehicle fleet shall be no more than 20

percent of its diesel PM emission total on January 1, 2005, or equal to

0.01 g/bhp-hr times the total number of transit fleet vehicles in the

current fleet, whichever is greater.

(3) A new transit agency established after January 1, 2005, may not have

a diesel PM emission total exceeding the following values:

(A) For a new transit agency established January 1, 2005 through

December 31, 2006, 0.1 g/bhp/hr (exhaust emission value)

times the number of diesel-fueled transit fleet vehicles in its

fleet. This value will serve as the transit agency’s PM baseline.

The transit agency must meet the requirements set forth in

section 2023.2(b)(1) and (2).

(B) For a new transit agency established January 1, 2007 through

December 31, 2009, 0.1 g/bhp/hr (exhaust emission value)

times the number of diesel-fueled transit fleet vehicles in its

fleet. This value will serve as the transit agency’s PM baseline

and shall be reduced by 50 percent of its PM baseline value by

December 31, 2010, and 80 percent by December 31, 2012.

(C) For a new transit agency established January 1, 2010 or later,

0.01 g/bhp-hr (exhaust emission value) times the total number

of diesel transit fleet vehicles in its fleet.

(c) A transit agency may apply to the Executive Officer for a delay in meeting

the provisions of section 2023.2(a) and 2023.2(b) for up to one year to allow

for the termination of a vehicle lease, maintenance/lease, turnkey or

vehicle/service contract as defined by the Federal Transit Administration

(FTA). The transit agency shall apply to the Executive Officer no later than

90 days prior to the applicable deadlines and shall include a description of

the reason the delay is required, the reason the contractor cannot provide a

newer vehicle to replace an existing vehicle within the terms of the contract,

and provide a schedule for compliance by the end of the compliance

extension.
A-28

Adopt Section 2023.3 to read as follows:

(Language previously in section 1956.3 has been moved to section 2023.3. Below

shows changes to the text previously in section 1956.3 in underline to indicate

amendments and strikeout to indicate deletions.)

Section 2023.3 Zero-emission Bus Requirements

(a) "Zero-emission bus" means an Executive Officer certified urban bus that

produces zero exhaust emissions of any criteria pollutant (or precursor

pollutant) under any and all possible operational modes and conditions.

(1) A hydrogen-fuel cell bus shall qualify as a zero-emission bus.

(2) An electric trolley bus with overhead twin-wire power supply shall

qualify as a zero-emission bus.

(3) A battery electric bus shall qualify as a zero-emission bus.

(4) Incorporation of a fuel-fired heater shall not preclude an urban bus

from being certified as a zero-emission bus, provided the fuel-fired

heater cannot be operated at ambient temperatures above 40ΒF and

the heater is demonstrated to have zero evaporative emissions under

any and all possible operational modes and conditions.

(b) Zero-emission Bus Demonstration Project – except as provided in (3) below,

the owner or operator of an urban bus fleet on the diesel path in accordance

with the provisions of section 1956.2 2023.1, with more than 200 urban

transit buses in its active fleet on January 31, 2001, shall implement a

demonstration project. The owner or operator shall evaluate the operation of

zero-emission buses in revenue service, and prepare and submit a report on

the demonstration project to the Executive Officer for inclusion in a future

review of zero-emission technology.

(1) This demonstration project shall meet all of the following

specifications and requirements:

(A) utilize a minimum of three zero-emission buses,

(B) include any necessary site improvements,

(C) locate fueling infrastructure onsite,

(D) provide appropriate maintenance and storage facilities,

(E) train bus operators and maintenance personnel,

(F) place the buses in revenue service for a minimum duration of

12 calendar months,

(G) retain operation and maintenance records, and

(H) report on the demonstration program as set forth in subdivision

(e)(f) of section 1956.4 2023.4, Ttitle 13, CCR.
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(2) When planning and implementing the demonstration project, the

operator or owner shall meet the following milestones:

(A) no later than January 1, 2002, prepare and solicit bid

proposals for materials and services necessary to implement

the demonstration project, including but not limited to the zeroemission buses and the associated infrastructure

(B) no later than February 28, 2006, place at least three zeroemission buses in operation, and

(C) no later than July 31, 2005, submit a preliminary report on the

demonstration project to the Executive Officer, in accordance

with paragraph (e)(f)(3) of section 1956.42023.4, title 13, CCR

and,

(D) no later than July 31, 2007, submit a report on the

demonstration project to the Executive Officer, in accordance

with paragraph (e)(f)(4) of section 1956.42023.4 title 13, CCR.

(2) Multiple transit agencies within the same air basin may, on a case-bycase basis, petition the Executive Officer to implement a joint zeroemission bus demonstration project. Electric trolley buses shall not

qualify as zero-emission buses for purposes of this joint

demonstration project. No more than three transit agencies can

participate in any one joint project. Transit agencies that are

participating in a joint demonstration project shall:

(A) designate the agency hosting the onsite demonstration,

(B) jointly fund the demonstration project, and

(C) place a minimum of three zero-emission buses per

demonstration project in revenue service.

(c) Purchase Requirement for Zero-emission Buses - The owner or operator of

a transit agency with more than 200 urban buses in active service on January

1, 2007, for transit agencies on the diesel path, and January 1, 2009, for

transit agencies on the alternative-fuel path, shall purchase and/or lease

zero-emission buses, in accordance with the following:

(1) For transit agencies on the diesel path, in accordance with the

requirements in section 1956.22023.1, a minimum 15 percent of

purchase and lease agreements, when aggregated annually, for

model year 2008 through model year 2015 urban buses shall be zeroemission buses.

(2) For transit agencies on the alternative-fuel path, in accordance with

the requirements in section 1956.22023.1, a minimum 15 percent of

purchase and lease agreements, when aggregated annually, for
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model year 2010 through model year 2015 urban buses shall be zeroemission buses.

(3) The provisions of paragraphs (1) and (2) shall not apply if the

operator's urban bus fleet is composed of 15 percent or more zeroemission buses on January 1, 2008, for transit agencies on the diesel

path, and on January 1, 2010, for transit agencies on the alternativefuel path, or at any time thereafter.

(4)(A) Transit agencies on either the diesel path or alternative-fuel

path may earn credits for use in meeting the purchase

requirements for zero-emission buses specified in paragraphs

(c)(1) and (c)(2) by placing zero-emission buses in service

prior to the dates specified in paragraphs (c)(1) and (c)(2).

For each zero-emission bus placed into early service, credits

shall be accrued according to the following table. Each earned

credit is equivalent to one zero-emission bus.

Credits per Year Placed

Path

2000-

2003

2004-

2005 2006 2007 2008 2009

Diesel 3 2.5 2 1.5 - -

Alternative

-fuel 3 2.5 2 1.5 1.5 1

(B) Zero-emission buses placed in service to meet the zeroemission bus demonstration projects as specified in

subdivision (b) are not permitted to accrue credits towards the

zero-emission bus purchase requirements.

(d) The Air Resources Board shall review zero-emission bus technology and the

feasibility of implementing the requirements of subdivision (c) above no later

than January 2006. Based on that assessment, the Board shall decide

whether to proceed with the implementation of subdivision (c) requirements.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104,

43806 Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39018,

39500, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, 43801, and 43806

Health and Safety Code, and section 28114 Vehicle Code.
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Adopt section 2023.4 to read as follows:

(Language previously in sections 1956.4 has been moved to section 2023.4.

Below shows changes in text previously in section 1956.2 in underline to indicate

amendments and strikeout to indicate deletions. Language shown in double

underline indicates addition of new regulatory language.

2023.4 Reporting Requirements for all Urban Bus Transit Agencies

(a) The following reports on new urban bus purchases and/or leases by transit

operators agencies on the alternative-fuel path shall be submitted as

described below:

(1) The initial report shall be submitted by January 31, 2001, and shall

state the transit agency’s intent to follow the alternative-fuel path.

(2) Any requests for deviation from the requirement that 85 percent of

buses purchased per year must be alternative-fuel buses must be

submitted in writing and approved by the Executive Officer of the Air

Resources Board 90 days prior to purchase. The written request

must include the reason for requesting the deviation from the 85

percent annual purchase requirement and the transit agency’s future

planned alternative-fuel bus purchases.

(3) Each transit agency shall submit an annual report containing: the

number, manufacturer, make, and model year of engines, and fuel

used for each transit urban bus it currently owns or operates, urban

bus purchases and/or leases beginning January 1, 2000, and annual

average percentage of total urban bus purchases and/or leases that

were alternative-fuel buses. The first report shall be submitted by

January 31, 2001. Subsequent reports shall be submitted annually by

January 31 through the year 2016.

(b) The following reports on new urban bus purchases and/or leases by transit

operatorsagencies on the diesel path shall be submitted as described

below:

(1) The initial report shall be submitted by January 31, 2001, and shall

state the transit agency’s intent to follow the diesel path.

(2) Each transit agency shall submit an annual report containing the

number, manufacturer, make, and model year of engines, and fuel

used for each transit urban bus it currently owns or operates, and

urban bus purchases and/or leases beginning January 1, 2000. The

first report shall be submitted by January 31, 2001. Subsequent

reports shall be submitted annually by January 31 through the year

2016.

(3) A transit agency within the jurisdiction of the South Coast Air Quality

Management District that chooses to change from the diesel path to

the alternative fuel path in accordance with paragraph (a)(2) of section
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1956.2 2023.1, title 13, CCR, must submit to the Executive Officer a

letter of intent to follow the alternative fuel path no later than January

31, 2004. The letter of intent shall contain a statement certifying that

the transit agency is in compliance with all provisions of the fleet rule

for transit agencies on or before January 1, 2004.

(c) Each transit agency shall submit the following reports on the urban bus NOx

fleet average requirement:

(1) Initial documentation shall be submitted by January 31, 2001, and

contain, at a minimum, the active urban bus fleet NOx emission

average, and if that number exceeds the average required in

subdivision (e)(d), section 1956.22023.1, Ttitle 13, CCR, a schedule

of actions planned to achieve that average by October 1, 2002,

including numbers and model years of bus purchases, retirements,

retrofits, and/or repowerings, or shall indicate the intent of the transit

agency to retire all model year 1987 and earlier buses in its active

fleet by October 1, 2002.

(2) A final report shall be submitted by January 31, 2003, detailing the

active urban bus fleet NOx emission average as of October 1, 2002,

and actions, if any were needed, taken to achieve that standard,

including numbers and model years of bus purchases, retirements,

retrofits, and/or repowerings, or documenting the retirement of all

model year 1987 and earlier buses.

(d) Each transit agency shall submit the following reports on the total diesel PM

emission reduction requirements for urban buses:

(1) An initial annual report shall be submitted by January 31, 2003 and

shall contain, at a minimum, the following information:

(A) number, manufacturer, make, and model year of diesel-fueled,

dual-fuel, bi-fuel (except for heavy-duty pilot ignition engines),

and diesel hybrid-electric engines in urban buses in the active

fleet; the PM engine certification value of each of those bus

engines; the diesel PM emission total for the diesel buses in

the active fleet; and the diesel PM emission total for the

baseline date of January 1, 2002.

(B) For each urban bus for which a diesel emission control

strategy has been applied, the device’s product serial number;

its Diesel Emission Control Strategy Family Name in

accordance with the requirements of section 2705 (g)(2), title

13, CCR; and the date of installation.
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(2) Annual reports shall be submitted each year beginning January 31,

2004 and each January 31 thereafter, through 2009, and shall contain

the information required in paragraphs (d)(1)(A) and (B) above plus

the total percentage reduction of PM achieved from the baseline

diesel PM emission total as of January 1 of each applicable year.

(e) Each transit agency shall submit the following reports for its transit fleet

vehicles:

(1) An annual report of the number, manufacturer, make, and model year

of engines and fuel used for each transit fleet vehicle it currently owns,

leases, or operates as of January 1st of each year, beginning in 2006.

The first report shall be submitted by January 31, 2006, and

subsequent reports shall be submitted annually by January 31st

through the year 2016.

(2) For the NOx fleet average reduction requirements set forth in section

2023.2 (a):

(A) A report submitted by January 31, 2006, must contain at a

minimum, the transit vehicle fleet NOx emission average. If

that number exceeds the average required in section

2023.2(a)(1), the report must include a schedule of actions

planned to achieve compliance by December 31, 2007.

(i) If a change to the compliance schedule occurs that

results in noncompliance, the transit agency must notify

the Executive Officer within 30 days.

(ii) Notification to the Executive Officer must include a

revised schedule showing how the agency will be in

compliance within 90 days of the schedule change that

caused noncompliance.

(B) A report submitted by January 31, 2008, must contain, details

of the transit fleet vehicle fleet NOx emission average as of

December 31, 2007, or must document the retirement of all

model year 1997 and earlier transit fleet vehicle engines by

December 31, 2007.

(C) A report submitted by January 31, 2009, must contain at a

minimum, the transit vehicle fleet NOx emission average. If

that number exceeds the average required in section

2023.2(a)(1), the report must include a schedule of actions

planned to achieve compliance by December 31, 2007.

(i) If a change to the compliance schedule occurs that

results in noncompliance, the transit agency must notify

the Executive Officer within 30 days.

(ii) Notification to the Executive Officer must include a

revised schedule showing how the agency will be in
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compliance within 90 days of the schedule change that

caused noncompliance.

(D) A final report submitted by January 31, 2011 must contain

details the transit fleet vehicle fleet NOx emission average as

of December 31, 2010, or must document the retirement of all

model year 2001 and earlier transit fleet vehicle engines by

December 31, 2010.

(3) For the total diesel PM reduction requirements set forth in section

2023.2 (b):

(A) An initial report submitted by January 31, 2006, must contain

the PM engine certification value of each transit fleet vehicle

engine and the transit fleet vehicle diesel PM total as of

January 1, 2005.

(B) A report submitted by January 31, 2008, must contain the

transit fleet vehicle diesel PM total as of December 31, 2007,

and the percentage diesel PM reduced, documenting

compliance with the requirement in section 2023.2 (b)(1).

(C) A final report submitted by January 31, 2011, of the transit fleet

vehicle diesel PM total as of December 31, 2010, and the

percentage diesel PM reduced, documenting compliance with

the requirement in section 2023.2 (b)(2).

(D) For each transit fleet vehicle for which a diesel emission

control strategy has been applied, each report specified above

must include the strategy’s product serial number; its Diesel

Emission Control Strategy Family Name in accordance with

the requirements of section 2705 (g)(2), title 13, CCR; and the

date of installation correlated to a specific transit fleet vehicle

engine.

(e)(f) The following reports on the zero-emission bus demonstration program shall

be submitted by those transit agencies required to conduct such

demonstrations, as described below:

(1) Initial documentation shall be submitted by January 31, 2003, and

contain, at a minimum, the bus order and delivery schedule, fuel type,

type of refueling station, any planned facility modifications, and a

revenue service demonstration plan;

(2) A financial plan shall be submitted by January 31, 2003, and contain,

at a minimum, projected expenditures for capital costs for purchasing

and/or leasing buses, refueling stations, any facility modifications, and

projected annual operating costs;
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(3) A preliminary report shall be submitted by July 31, 2005 and contain,

at a minimum, the following information:

(A) a brief description of the zero-emission technology utilized,

identification of the bus manufacturer, and the product

specifications;

(B) miles driven per bus in revenue and non-revenue service,

safety incidents, and maintenance (both scheduled and

unscheduled);

(C) qualitative transit personnel and passenger experience; and

(D) a financial summary of the capital costs of bus purchases

and/or leases and fueling infrastructure.

(4) A final report shall be submitted by July 31, 2007, and contain, at a

minimum, the following information:

(A) a brief description of the zero-emission technology utilized,

identification of bus manufacturer and product specifications,

(B) miles driven per bus in revenue service, bus down time

(scheduled and unscheduled), safety incidents, driver and

mechanic training conducted, and maintenance (both

scheduled and unscheduled),

(C) qualitative transit personnel and passenger experience, and a

financial summary of capital costs of demonstration program,

including bus purchases and/or leases, fueling infrastructure,

any new facilities or modifications, and annual operating costs.

(f)(g) The following reports on new zero-emission bus purchases and/or leases

shall be submitted by transit agencies required to purchase zero-emission

buses as described below:

(1) Initial report shall be submitted by January 1, 2007 for transit agencies

on the diesel path, and by January 1, 2009, for transit agencies on the

alternative-fuel path. The initial report shall contain, at a minimum, the

following information:

(A) a brief description of the zero-emission technology to be

utilized and a plan for the implementation of the requirement,
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(B) for an exemption from the purchase requirement,

documentation that 15 percent or more of the transit agency’s

active urban bus fleet is composed of zero-emission buses.

(2) Any requests for deviation from the requirement that 15 percent of

buses purchased per year must be zero-emission buses must be

submitted in writing and approved by the Executive Officer of the Air

Resources Board 90 days prior to a transit agency submitting a

purchase order(s) reflecting the purchase deviation. The written

request shall include the reason for requesting the deviation and the

transit agency’s future planned zero-emission bus purchases.

(3) Transit agencies on the diesel path shall include in the annual reports

required in paragraph (b)(2): zero-emission bus purchases and/or

leases beginning with model year 2008 and through model year 2015,

and the annual average percentage of total bus purchases and/or

leases that were zero-emission buses.

(4) Transit agencies on the alternative-fuel path shall include in the annual

reports required in paragraph (a)(3): zero-emission bus purchases

and/or leases beginning with model year 2010 and through model

year 2015, and the annual average percentage of total bus purchases

and/or leases that were zero-emission buses.

(g)(h) Transit agencies exempted from the requirements of paragraphs (c)(b)(5)

and (d)(c)(4), section 1956.22023.1, title 13, CCR, shall submit annual

reports demonstrating that they are achieving NOx emission benefits

required in paragraphs (c)(b)(8)(B) and (d)(c)(7)(B), section 1956.22023.1,

title 13, CCR. The first report shall be submitted by January 31, 2005.

Subsequent reports shall be submitted annually by January 31 through the

year 2016.

 (h)(i) A transit agency requesting approval for the purchase of diesel-fueled hybridelectric buses pursuant to paragraph (d)(c)(9), section 1956.22023.1, title

13, CCR, shall:

(1) submit an application for approval that meets the requirements of

paragraphs (d)(c)(9)(A) and (d)(c)(9)(B), section 1956.22023.1, title

13, CCR;

(2) include in the application all of the following: the number,

manufacturer, make and model year of diesel-fueled hybrid-electric

buses to be purchased; the schedule for the purchase and delivery of

the buses; a detailed description of all measures that will be used to

offset the excess NOx emissions including identification of the

specific buses to which the measures will be applied, and the

schedule for implementing those measures; and
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(3) submit a final report to the Executive Officer within 30 days of receipt

of the last diesel-fueled hybrid-electric bus that documents the

schedule of delivery of the diesel-fueled hybrid-electric buses, timing,

and completion of all measures to achieve the NOx offset.

(j) A new transit agency shall submit the following information to the Executive

Officer:

(1) within 60 days of formation, the name of the new transit agency, its

mailing address, name of a contact person and that person’s e-mail

address and phone number; a description of the service area and

proposed routes; and the planned number of urban buses and transit

fleet vehicles, including model years of engines;

(2) within 120 days of formation, its NOx fleet average for its active fleet

and, separately, its transit fleet vehicles, and its diesel PM emission

total for its active fleet and , separately, its diesel PM emission total

for its transit fleet vehicles.

(k) (1) A transit agency that fails to submit a complete report in accordance

with this section is subject to civil penalties of not less than $100 per

day for every day past January 31 of each reporting year through

2016.

(2) A new transit agency that fails to submit its report or required

information in accordance with this section is subject to civil penalties

of not less than $100 per day for every day past the required reporting

dates in section 2023.4(j).

(3) A report that does not contain all required information will not be

considered complete. A report will be considered to be complete as

of the date that all required information is submitted.

NOTE: Authority cited: Sections 39600, 39601, 39659, 39667, 39701, 41511, and 43018

Health and Safety Code. Reference: Sections 39667, 39700, 39701, 41510, 41511,

43000, 43000.5, 43013, 43018, 43801, and 43806 Health and Safety Code.