Cal. Code Regs. tit. 13 § 2490.1

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2490.1 - Clean Miles Standard Requirements
(a) Starting with calendar year 2023, and each calendar year thereafter, each TNC must meet the requirements of this section.
(b)Definitions. The following definitions apply to this section:
(1)TNC Periods. "Period 1" are those miles traveled by a TNC vehicle when a TNC vehicle driver or operator is logged onto the app and waiting for a ride match. "Period 2" are those miles traveled by a TNC vehicle when a TNC vehicle driver or operator has accepted a ride request and is en route to the passenger. "Period 3" are those miles traveled by a TNC vehicle when the passenger, or passengers, are in the TNC vehicle and en route to their destination until the passenger exits the vehicle. This definition is meant to be consistent with the CPUC Commission Decision 14-11-043 that established Periods 1, 2, and 3.
(2)Passenger Miles Traveled. "Passenger Miles Traveled" or "PMT" means the miles traveled by a passenger, or miles traveled by each passenger if there are multiple passengers recorded in the app for a trip, in a TNC vehicle or other transport mode provided by the TNC.
(c) Greenhouse Gas Targets.
(1) A TNC passenger service fleet shall not exceed the annual greenhouse gas (GHG) targets shown in Table 1.

Table 1. Annual GHG Targets

Calendar Year

GHG Target (grams CO2/PMT)

2023252
2024237
2025207
2026161
2027110
202869
202930
2030+0

(2) A TNC shall calculate its greenhouse gas emissions per passenger mile annually using Equation 1. Unless otherwise specified, all calculations are for all vehicle trips summed over the calendar year. The numerator of Equation 1 is calculated by multiplying the CO2 emissions factor with the VMT for each trip to arrive at a grams CO2 value per trip. Summing the grams CO2 per trip values for all trips yields total grams of CO2 for the fleet of TNC vehicles for the year. The denominator of Equation 1 is calculated by multiplying a compliance occupancy value with the Period 3 VMT of each trip to arrive at PMT per trip. Taking the sum of PMT per trip values for all trips yields total PMT for the fleet of TNC vehicles for the year. A trip shall be included in a calendar year calculation if that trip starts in that calendar year.
(3) Equation 1.

g CQ2[SIGMA] (VMTP1,P2,P3 x CO2 factor)trip
____________________=_________________________
PMT[SIGMA] (VMTP3 x occupancy)trip

Where:

VMTP1,P2,P3 equals VMT in miles (sum of Periods 1, 2 and 3) of trips for all vehicles (sum of Periods 1, 2, and 3) by BEVs and FCEVs

VMTP3 equals VMT in miles for the Period 3 portion of a trip

CO2 factor equals the CO2 emission factor in grams CO2 per mile as provided in Table 2 and Table 3

Occupancy equals the compliance occupancy value in the unit of passengers determined by Table 4

(4)Tables 2 and 3 - CO2 Emission Factor Look-up Table. For each TNC trip calculated using Equation 1, the CO2 factor shall be set to the value in grams CO2 per mile (g CO2/mi) in Table 2 and Table 3 that corresponds to the vehicle model year, vehicle category, and vehicle propulsion system for the associated TNC vehicle.
(A) If any of the parameters are not known for a TNC vehicle, the worst-case (largest) grams CO2/mi value shall be used. For example, if only the vehicle model year is known but not the vehicle propulsion system or vehicle category, the largest value for that model year shall be used. If vehicle propulsion system is known but not the vehicle model year, the largest value for that vehicle propulsion system shall be used.
(B) Flex fuel vehicles (FFVs) shall use the gasoline passenger car (PC) or gasoline light truck (LT) CO2 emission factor values.
(C) The light truck vehicle category (Table 3) shall be used if the TNC vehicle is classified as a light-duty truck and has a gross vehicle weight rating (GVWR) of less than 8,500 lbs. and an estimated total weight (ETW) of less than 5,750 lbs.
(D) All TNC vehicles that do not fall into the light truck vehicle category shall use the passenger car category (Table 2).
(E) Model year means the model year of the vehicle as reported by the TNC driver in their driver profile. If this information is not complete, it is the value as determined by the TNC or regulating agencies using the vehicle identification number (VIN).

Table 2. CO2 factors for the passenger car (PC) vehicle category in g CO2/mile

Model Year

Diesel PC

Gasoline PC

HEV/PHEV PC

CNG PC

2008324365181251
2009318357177251
2010302339168251
2011312351174251
2012286321159227
2013278312155218
2014279313155218
2015274307152218
2016266298148218
2017258290144218
2018251281139218
2019243272135218
2020235263130218
2021227254126218
2022218245121218
2023210236117218
2024202226112218
2025194217108218
2026194217108218
2027194217108218
2028194217108218
2029194217108218
2030195217108218
2031+194217108218

Table 3. CO2 factors for the light truck (LT) vehicle category in g CO2/mile

Model Year

Diesel LT

Gasoline LT

HEV/PHEV LT

CNG PC

2008634505468251
2009593477442251
2010589469435251
2011574458424251
2012556442410227
2013534427396218
2014529425394218
2015518414384218
2016497398369218
2017477383355218
2018454367340218
2019434351325218
2020413335310218
2021392319296218
2022377307285218
2023362295273218
2024346282262218
2025330270251218
2026330270251218
2027331271251218
2028331270251218
2029327271251218
2030322271251218
2031+304271251218

(5)Compliance occupancy values. For each TNC trip calculated using Equation 1, the compliance occupancy shall be set to the value in Table 4 for that type of trip. If the type of trip is unknown, the trip shall be assumed to be "Non-pooled."
(A) "Non-pooled" means a trip where the party requesting the TNC ride requests a non-sharing service.
(B) "Pool-requested, unmatched" means a trip where a party requested a shared ride but no other parties requesting shared rides were matched during the duration of the trip.
(C) "Pool-matched" means multiple parties requesting shared rides were matched with the same vehicle for a portion of their respective trips.

Table 4. Compliance occupancy values to use in Equation 1

Compliance Occupancy

Non-pooled1.5
Pool-requested, unmatched1.5
Pool-matched2.5

(6) If the total calculated grams CO2/PMT as set forth in section 2490.1(c)(3) for a given calendar year does not result in a whole number, the number shall be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise.
(7)Exemptions. Trips on TNC apps that are requested and fulfilled as wheelchair-accessible vehicle trips shall not be included in the calculation of Equation 1.
(d) Over-Compliance Credits for Greenhouse Gas Emissions per Passenger Mile Traveled.
(1) If a TNC's annual grams CO2/PMT emissions are less than the requirement shown in Table 1 for that year, CPUC shall issue to the TNC over-compliance credits equal to the difference.
(2) A TNC may use over-compliance credits towards compliance with their grams CO2/PMT requirement in any of the subsequent three calendar years. Unused credits expire after the three-year period. Credits may not be used to comply with prior calendar years.
(3) Credits are in the unit of grams CO2/PMT. If the calculated grams CO2/PMT set forth in § 2490.1(c)(3) in a given calendar year does not result in a whole number, the number must be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise. If the rounding results in a difference of 0, then no credits shall be issued for that calendar year.
(4) Table 5 provides an example of using over-compliance credits. The example TNC over-complies by 20 grams CO2/PMT in 2027 and CPUC issues 20 credits. The TNC may use those 20 credits in 2028, 2029, or 2030, and in this example, chooses to use them in 2029 and 2030. The TNC then over-complies by 9 grams CO2/PMT in 2028 and CPUC issues 9 credits. The TNC may use those 9 credits in 2029, 2030, or 2031, and in this example, chooses to use them in 2031.

Table 5. Example of carrying forward over-compliance credits

Year

Target (grams CO2/PMT)

TNC emissions (grams CO2/PMT)

Deficit

Over-compliance Credit

Credits available

Credits Applied

202711090--2020--
20286960--929--
202930344--294
2030066--256
2031022--92

(e) Electric Vehicle Miles Traveled Requirement.
(1) For each calendar year, a TNC shall meet or exceed the percent eVMT targets shown in Table 6.

Table 6. Annual Electric Vehicle Miles Traveled Targets

Calendar Year

eVMT

20232%
20244%
202513%
202630%
202750%
202865%
202980%
2030+90%

(2) The percent eVMT shall be calculated using Equation 2.

Equation 2.

[SIGMA] VMTBEV + FCEV
% eVMT=___________ ____________x 100%
[SIGMA] VMTAll vehicles

Where:

VMTBEV+FCEV equals VMT by TNC BEVs and FCEVs for Period 3.

VMTAll vehicles equals VMT by all TNC vehicles for Period 3.

The numerator and the denominator, respectively, shall be summed over all TNC vehicle trips in which Period 3 miles begin within the relevant calendar year.

(3) If the total calculated percent eVMT as set forth in section 2490.1(e)(2) for a given calendar year does not result in a whole number, the number shall be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise.

Cal. Code Regs. Tit. 13, § 2490.1

1. New section filed 8-9-2022; operative 10-1-2022 (Register 2022, No. 33). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 38530, 39600, 39601 and 43000.5, Health and Safety Code; and Section 5450, Public Utilities Code. Reference: Section 44274.4, Health and Safety Code; and Section 5431, Public Utilities Code.

1. New section filed 8-9-2022; operative 10/1/2022 (Register 2022, No. 33). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.