Section 3006 - [Operative 1/1/2025] Fleet Phase-Out Provisions for Fleet Operators and Rental Agencies(a) Reporting. A Fleet Operator or Rental Agency with an LSI Forklift other than a Class V LSI Forklift with a Rated Capacity greater than 12,000 pounds that has been reported to the Executive Officer in accordance with Section 3009(h), Heavy Class V LSI Forklift Reporting, shall comply with reporting requirements set forth in Section 3009(c), 3009(d), or 3009(e), as applicable.(b) Phase-Out Requirements. (1) Phase-Out of LSI Forklifts in Fleet Operator Fleets. Except as provided in Section 3007, a Fleet Operator is prohibited from possessing, operating, or allowing the operation of in California an LSI Forklift of a MY that has already been phased out pursuant to the applicable phase-out schedule set forth in Section 3006(d).(2) Phase-Out of LSI Forklifts in Rental Agency Revenue Fleets.(A) A Rental Agency is prohibited from renting out, offering for rent, or otherwise allowing the operation of in California an LSI Forklift of a MY that has already been phased out pursuant to the applicable phase-out schedule set forth in Section 3006(d).(B) For a Rental Agency that has acquired 2026, 2027, or 2028 MY Class V LSI Forklifts for its Revenue Fleet, said Forklifts shall be phased out by January 1, 2038.(3) A Fleet reported separately as Fleet Portions shall meet the phase-out requirements for the fleet size that corresponds to the total number of LSI Forklifts and ZEFs under Common Ownership or Control of the parent company, corporation, or agency.(c) The Fleet Operator or Rental Agency, as applicable, shall contact, no later than March 31, 2026, the applicable electric utility provider to initiate discussions regarding potential electrical-service installation or upgrades for each separately metered building or operating location with LSI Forklifts subject to the phase-out requirements. If another entity is responsible for the electrical infrastructure at the operating location, the Fleet Operator or Rental Agency, as applicable, may have said entity contact the applicable electric utility provider on its behalf. All the following, as applicable, shall be provided at the time of said contact:(1) The address of each California location where the Fleet Operator or Rental Agency, as applicable, operates Forklifts;(2) For each location:(A) The estimated number and types of chargers necessary to be installed each year in order to charge the ZEFs needed to comply with the compliance dates applicable to the fleet;(B) If applicable, power requirements of any infrastructure necessary to be installed in order to fuel the ZEFs needed to comply with compliance dates applicable to the fleet;(C) Information on other new sources of power demand anticipated during the applicable phase-out period(s); and(D) Electrical load profiles depicting the location's typical electricity usage on an hourly, daily, and monthly bases.(d) Phase-Out Schedules. (1) MY Phase-Out Schedules for Class IV LSI Forklifts. Table 1, below, sets forth the MY phase-out schedules for Class IV LSI Forklifts. Table 1. MY Phase-Out Schedules for Class IV LSI Forklifts
Compliance Date | MY Phase-Out Schedule for Class IV Forklifts with a Rated Capacity of 12,000 Pounds or less | MY Phase-Out Schedule for Class IV Forklifts with a Rated Capacity Greater than 12,000 Pounds |
| 1/1/2028 | 2018 MY and older 1 | - |
| 1/1/2029 | - | - |
| 1/1/2030 | - | - |
| 1/1/2031 | 2019-2021 MY | - |
| 1/1/2032 | - | - |
| 1/1/2033 | 2022 and 2023 MY | - |
| 1/1/2034 | - | - |
| 1/1/2035 | 2024 and 2025 MY | 2025 MY and older |
1 A phase-out percentage cap may be applied pursuant to Section 3006(e), Phase-Out Percentage Caps.
(2) Alternative MY Phase-Out Schedules for Class IV LSI Forklifts. In lieu of the MY phase-out schedules set forth in Table 1, above, a Small Fleet or Crop Preparation Services Fleet may use the MY phase-out schedules set forth in Table 2, below. Table 2. Alternative MY Phase-Out Schedules for Small Fleets and Crop Preparation Services
Compliance Date | MY Phase-Out Schedule for Class IV Forklifts with a Rated Capacity of 12,000 Pounds or Less | MY Phase-Out Schedule for Class IV Forklifts with a Rated Capacity Greater than 12,000 Pounds |
| 1/1/2028 | - | - |
| 1/1/2029 | 2016 MY and older 1 | - |
| 1/1/2030 | - | - |
| 1/1/2031 | - | - |
| 1/1/2032 | 2017-2019 MY | - |
| 1/1/2033 | - | - |
| 1/1/2034 | 2020 and 2021 MY | - |
| 1/1/2035 | - | - |
| 1/1/2036 | 2022 and 2023 MY | - |
| 1/1/2037 | - | - |
| 1/1/2038 | 2024 and 2025 MY | 2025 MY and older |
1 A phase-out percentage cap of 25% may be applied pursuant to Section 3006(e), Phase-Out Percentage Caps.
(3) MY Phase-Out Schedule for Class V LSI Forklifts. Class V LSI Forklifts shall be phased out according to the schedule set forth in Table 3, below. Note that Class V LSI Forklifts with a Rated Capacity greater than 12,000 pounds that the Fleet Operator or Rental Agency, as applicable, has reported to the Executive Officer in accordance with Section 3009(h), are not required to be phased out. Table 3. MY Phase-Out Schedule for Class V LSI Forklifts
Compliance Date | MY Phase-Out Schedule for Class V Forklifts |
| 1/1/2028 | - |
| 1/1/2029 | - |
| 1/1/2030 | 2017 MY and older 1 |
| 1/1/2031 | - |
| 1/1/2032 | - |
| 1/1/2033 | 2018-2020 MY |
| 1/1/2034 | - |
| 1/1/2035 | 2021 and 2022 MY |
| 1/1/2036 | - |
| 1/1/2037 | - |
| 1/1/2038 | 2023-2028 MY 2 |
1 A phase-out percentage cap of 50 or 25% may be applied pursuant to Section 3006(e), Phase-Out Percentage Caps.
2 Includes 2026 through 2028 MY Class V LSI Forklifts in Rental Agency Revenue Fleets.
(e) Phase-Out Percentage Caps. Subject to the following provisions, Fleet Operators and Rental Agencies may utilize the applicable phase-out percentage caps. (1) For Large Fleets, a phase-out percentage cap of 50% may be applied to the January 1, 2028, compliance date for Class IV Forklifts and the January 1, 2030, compliance date for Class V Forklifts.(2) For Small Fleets and Crop Preparation Services Fleets, a phase-out percentage cap of 25% may be applied to the first compliance date provided in Table 1 or Table 2, as applicable, for Class IV Forklifts and the January 1, 2030, compliance date for Class V Forklifts.(3) Forklifts shall be phased out in the order of oldest to newest, based on MY.(4) The Fleet Operator or Rental Agency shall phase out a sufficient number of LSI Forklifts (Class IV or Class V, as applicable) to achieve the applicable cap percentage (50 or 25%) by the compliance date to which the phase-out percentage cap applies. The Fleet Operator or Rental Agency is not required to phase out any additional applicable LSI Forklifts by said compliance date once the cap has been reached.(5) To calculate the number of LSI Forklifts, the Fleet Operator or Rental Agency must phase out on a particular compliance date, the Fleet Operator shall multiply the applicable cap percentage, represented as a decimal (0.5 or 0.25, as applicable), by the total number of Class IV or Class V LSI Forklifts, as applicable, within the fleet as of January 1, 2026. Where the calculated percentage of phased-out LSI Forklifts is a fraction, the fraction shall be rounded up to the nearest whole number.(6) All applicable LSI Forklifts not phased out due to utilization of a phase-out percentage cap shall be phased out by the next applicable compliance date.(7) Prior to the applicable compliance date, the Fleet Operator or Rental Agency shall provide the information specified in Section 3009(k), Phase-Out Percentage Cap Reporting. This information is in addition to the requirements set forth in Sections 3009(c), MY Phase-Out Reporting, 3009(d), MY Phase-Out Reporting for a Small Fleet, and 3009(e), MY Phase-Out Reporting for a Crop Preparation Services Fleet.(f) Changes to Fleet Size (1) A Small Fleet utilizing the Alternative MY Phase-Out Schedules for Class IV LSI Forklifts set forth in Section 3006(d)(2) that becomes a Large Fleet after January 1, 2026, shall achieve full compliance with the phase-out schedules set forth in Section 3006(d)(1) by no later than January 1 two years after the year it became a Large Fleet. For example, if a Small Fleet becomes a Large Fleet on December 31, 2027, it shall achieve full compliance with the Large Fleet schedule no later than January 1, 2029. The Fleet Operator or Rental Agency, as applicable, shall notify the Executive Officer of the fleet size change within 30 calendar days of becoming a Large Fleet.(2) A Large Fleet that becomes a Small Fleet after January 1, 2026, shall continue to meet the phase-out schedules set forth in Section 3006(d)(1) for its Class IV LSI Forklifts.(g) Credit for Deployment of Heavy Zero-Emission Forklifts. Subject to the following provisions, Fleet Operators and Rental Agencies may request this credit for replacing a Class V LSI Forklift with a Rated Capacity greater than 12,000 pounds (the "eligible Forklift") with an equivalent ZEF with equal or greater Rated Capacity. To receive the credit, the Fleet Operator shall meet all Eligibility Criteria in Section 3006(g)(1) and submit all information as required in Section 3006(g)(3). (1) Eligibility Criteria. (A) The Fleet Operator or Rental Agency has replaced the eligible Forklift with a ZEF of equal or greater Rated Capacity.(B) The ZEF acquired to replace the eligible Forklift shall have been delivered on or after January 1, 2026.(C) The Fleet Operator or Rental Agency has removed the eligible Forklift from the fleet within six months of the delivery of the replacement ZEF.(D) The Fleet Operator or Rental Agency has reported the eligible Forklift, as applicable, to the Executive Officer in accordance with Section 3009(h).(2) Credit. (A) The Executive Officer shall award the Fleet Operator or Rental Agency with one compliance credit for each eligible Forklift replaced in accordance with Section 3006(g).(B) Each compliance credit allows the Fleet Operator or Rental Agency to delay the phase-out date of one LSI Forklift of its choice until January 1, 2038.(C) Credits shall only be used within the same fleet and cannot be traded or sold.(D) Credits are not property and have no monetary value.(3) Credit Request. The Fleet Operator or Rental Agency, as applicable, shall request the credit by providing all required information and documentation specified in Section 3009(i) at least 45 calendar days prior to the phase-out date of the LSI Forklift for which the credit will be used to delay compliance.(4) Executive Officer Review and Approval (A) Upon submittal of a credit request, the Executive Officer will approve the request if the Fleet Operator has submitted all information required in Section 3006(g)(3) and met all Eligibility Criteria in Section 3006(g)(1). If the Executive Officer determines that the information provided as part of the request is insufficient, the Executive Officer may request additional information and/or clarification.(B) If the Executive Officer does not respond to the Fleet Operator or Rental Agency, as applicable, within 45 calendar days of submittal, the request is deemed approved.Cal. Code Regs. Tit. 13, § 3006
Note: Authority cited: Sections 39600, 39601, 43101, 43102, 43013, 43018, 43151, 43152, 43153 and 43205.5, Health and Safety Code. Reference: Section 43150, Health and Safety Code.
1. New section filed 9-16-2024; operative 1/1/2025 (Register 2024, No. 38).