Cal. Code Regs. tit. 13 § 2023.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2023.2 - Compliance Option for Joint Zero-Emission Bus Groups

(a) Two or more transit agencies may choose to form a Joint Zero-Emission Bus Group (Joint Group) to comply with the requirements of section 2023.1 collectively. A Joint Group must meet at least one of the following eligibility criteria:

(1) All participating transit agencies are located within the same service area of a Metropolitan Planning Organization or Regional Transportation Planning Organization;

(2) All participating transit agencies are located within the same Air Basin;

(3) All participating transit agencies are located within the same Air Quality Management District, Air Pollution Control District, or Air Resources District; or,

(4) All participating transit agencies share infrastructure.

(b) Procedure to form a Joint Group.

(1) A group of transit agencies forming a Joint Group must provide the Executive Officer a notice at least one year before the Joint Group takes effect. The notice must include all of the following information:

(A) A list of all participating transit agencies;

(B) A statement of intent to form the Joint Group from a responsible official for each participating transit agency;

(C) The proposed start year and if known the end date of the Joint Group;

(D) A description on which criteria specified in section 2023.2(a) are met to form a Joint Group.

(2) The Executive Officer will approve the joint agreement if,

(A) At least one of the criteria set forth in section 2023.2(a) has been met, and

(B) The notice required by section 2023.2(b)(1) has been provided.

(3) The Executive Officer will assign a Joint Group Number to the group to be used by each participating transit agency for the purpose of annual reporting as specified in section 2023.8.

(c) Joint Group Compliance Requirements.

(1) Members of a Joint Group collectively may submit one joint Rollout Plan in lieu of individual transit agency Rollout Plans, along with the approval from each transit agency's governing body as set forth in section 2023.1(d)(3).

(2) Subject to section 2023.3(c), members of a Joint Group must collectively purchase and operate at least the same total number of zero-emission buses annually as each transit agency would be required to purchase and operate individually as set forth in section 2023.1(a).

(3) A Joint Group that is requesting a deferral from zero-emission bus purchase requirements as described in section 2023.4 must explain why the compliance requirements cannot be met by each member of the Joint Group.

(4) If a Joint Group fails to comply with the zero-emission bus requirements set forth in section 2023.1 in a given year, each transit agency will be evaluated for compliance individually.

(5) If the largest transit agency in a Joint Group is a large transit agency, this transit agency must have the required minimum number of zero-emission buses as a percentage of its total new bus purchases in that calendar year as set forth in section 2023.1(a).

(d) Changes to a Joint Group. In case of a change in membership, all participating transit agencies, including the new or departing transit agency, must collectively submit a request to change membership to the Executive Officer explaining the change and its expected effective date. The member change request must be signed by the responsible official of each participating transit agency, including the new or departing transit agency, and must be submitted to the Executive Officer along with the governing body approval of each participating transit agency, for such a change.

(e) All transit agencies participating in a Joint Group must individually meet the reporting and record-keeping requirements of sections 2023.8 and 2023.9.

Cal. Code Regs. Tit. 13, § 2023.2

1. New section filed 1-31-2006; operative 1-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 5).
2. Repealer and new section filed 8-13-2019; operative 10-1-2019 (Register 2019, No. 33).

Note: Authority cited: Sections 38501, 38510, 38560, 39002, 39003, 39500, 39600, 39601, 39667, 40000, 43000.5, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43701(b), 43801 and 43806, Health and Safety Code. Reference: Sections 38501, 38510, 38560, 39002, 39003, 39017, 39027, 39500, 39600, 39601, 39650, 39655, 39667, 40000, 43000.5, 43013, 43018, 43101, 43104, 43105, 43701(b), 43801 and 43806, Health and Safety Code; Sections 233, 350, 545 and 28114, Vehicle Code; section 5303, title 49, United States Code; and Code of Federal Regulations, title 49, section 665.13.