Section 3000 - [Operative 1/1/2025] Purpose, Applicability, Non-Compliance, Confidentiality, and Severability(a) Title 13, Sections 3000 through 3011 are the "Zero-Emission Forklift Regulation" or "ZE Forklift Regulation."(b) Purpose. The purpose of this Regulation is to reduce emissions of oxides of nitrogen (NOx), fine particulate matter (PM), other criteria pollutants, toxic air contaminants, and greenhouse gases (GHG) from Large Spark-Ignition (LSI) Forklifts.(c) Applicability. This Regulation applies to Forklift and engine manufacturers, as well as any person, public utility, special district, or government agency that operates, allows the operation of, owns, leases, rents, offers for sale, offers for lease, or offers for rent within California one or more LSI Forklifts unless: (1) The Forklift is a Rough Terrain Forklift.(2) The Forklift is a Vehicle Mounted Forklift.(3) The Forklift is Combat and Tactical Support Equipment.(4) The Forklift is a Pallet Jack.(5) The Forklift has a permanently integrated telescoping boom as its primary work implement.(6) The Forklift is owned and operated by a facility subject to the Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards Regulation, set forth in Title 13, California Code of Regulations, Section 2479.(7) The Forklift is owned and operated by an individual for personal, non-commercial, and non-governmental purposes.(d) Non-compliance. Any entity who fails to comply with the requirements of this article, may be subject to civil or criminal penalties. Such penalties shall apply on a per-engine or per-equipment unit basis. Each day in which there is a violation shall be a separate violation. Knowingly submitting any false statement or representation in any application, request, document, report, statement, or other document filed, maintained, or used for the purposes of compliance with this Regulation is considered a violation of this article.(e) Confidentiality. Spark-Ignited Forklift Manufacturers may designate current and prior production report information as trade secret. Dealers and Rental Agencies may designate current and prior transaction data as trade secret. Any regulated party may make a case-specific request for designating other information as confidential or trade secret. Any information so designated will be handled in accordance with Title 17, California Code of Regulations, Section 91000.(f) Severability. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Regulation (or the application thereof to any person or circumstances) is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion or application shall be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining applications or portions of this Regulation or the application of this Regulation to other persons or circumstances.Cal. Code Regs. Tit. 13, § 3000
Note: Authority cited: Sections 39600, 39601, 43101, 43102, 43013, 43016, 43018, 43105, 43151, 43152, 43153, 43154, 43205.5, 43211 and 43212, Health and Safety Code. Reference: Section 43150, Health and Safety Code.
1. New chapter 17, article 1 (sections 3000-3011) and section filed 9-16-2024; operative 1/1/2025 (Register 2024, No. 38).