Section 3007 - [Operative 1/1/2025] Exemptions, Extensions(a) Exemptions. (1) Low-Use LSI Forklift Exemption. LSI Forklifts operated in accordance with the provisions set forth in Section 3007(a)(1) are exempt from the requirements of Section 3002(b). (A) Limitations. 1. Except as provided in Section 3007(a)(1)(A)2, Fleet Operators shall not operate LSI Forklifts as Low-Use LSI Forklifts beyond December 31, 2030.2. A Microbusiness may continue to operate a single LSI Forklift as a Low-Use LSI Forklift beyond December 31, 2030.(B) Reporting. The Fleet Operator shall comply with all applicable reporting requirements set forth in Section 3009(f) for as long as the Low-Use LSI Forklift remains in operation.(C) Usage Limit. A Fleet Operator shall not operate a Low-Use LSI Forklift for 200 hours or more per calendar year.(D) Monitoring Hours of Use. 1. Each Low-Use LSI Forklift shall be equipped with an operational, non-resettable hour meter. If an hour meter is replaced, the Fleet Operator shall record the date of replacement, the final hour-meter reading of the replaced hour meter, and the initial hour-meter reading of the newly installed hour meter. This information shall be maintained for a minimum of five years from the date of replacement.2. One hour-meter reading shall be gathered within 30 calendar days of January 1 of the year the Forklift is first designated as a Low-Use LSI Forklift. For each year thereafter, for as long as the Forklift is designated as a Low-Use LSI Forklift, the hour-meter reading shall be gathered within 30 calendar days of December 31 of the previous year.3. The Fleet Operator shall take and maintain a date-stamped photograph of the hour meter each time an hour-meter reading is gathered for reporting. If the Fleet Operator does not have access to a camera, or if security protocols related to military operations prevent the use of a camera, in lieu of photographs, the Fleet Operator shall create and maintain a written log, which includes the Equipment Identification Number (EIN), hour-meter reading, signature of the person gathering the reading, and date from the day that the hour-meter reading was gathered for reporting. The photographs or logged hour-meter readings, as applicable, shall be maintained for a minimum of five years from the date the reading was gathered.4. Annual hour-meter readings shall demonstrate that the Forklift is operated less than 200 hours per calendar year. In other words, the annual hour-meter reading for a Low-Use LSI Forklift reported per Section 3009(f)(2) may not be 200 hours or more than the reading reported the previous year. The 200-hour low-use limit applies to the Forklift for the duration of the calendar year and does not reset even if ownership or control of said Forklift is transferred during that calendar year.5. For a microbusiness, a three-year rolling average may be applied to a Low-Use LSI Forklift if the following conditions are met: a. The Forklift is operated only in California for three consecutive years;b. The Forklift is operated on average less than 200 hours per calendar year during that consecutive three-year period and all subsequent three-year periods; andc. The Forklift's hours are reported for all three consecutive years in accordance with Section 3007(a)(1)(B).(E) The Fleet Operator shall label each Low-Use LSI Forklift with its EIN in accordance with Section 3010 of the Regulation.(F) Microbusiness Documentation Requirements. The following applies to Microbusiness Fleet Operators that operate a Low-Use LSI Forklift on or after January 1, 2031:1. The Fleet Operator shall maintain at the facility where the Low-Use LSI Forklift is located, as applicable, copies of tax returns for the previous three years (or the number of years the entity has been in business, if less than three) showing gross receipts of less than $5,000,000 each year, or, if the Fleet Operator is a manufacturer, copies of the Quarterly Contribution Return & Report of Wages (Continuation) Form DE 9C for the four most recently completed quarters, if the Fleet Operator has employees, demonstrating that the firm has fewer than 25 employees. In lieu of the above documentation, a Microbusiness may instead maintain proof of certification as a Microbusiness provided by the California Department of General Services.2. Changes to Business Size. If business growth causes a Fleet Operator to exceed the annual-gross-receipts or employee-count thresholds, as applicable, of a Microbusiness, said Fleet Operator shall have 60 calendar days from the filing of its tax return or Quarterly Contribution Return & Report of Wages (Continuation) Form DE 9C showing the exceedance, whichever applicable, to phase out the Low-Use LSI Forklift.(G) Any information or documentation required to be maintained or reported pursuant to Section 3007(a)(1) shall be provided to the Executive Officer within five business days upon request.(2) Dedicated Emergency Forklift Exemption. LSI Forklifts maintained as Dedicated Emergency Forklifts in accordance with Section 3007(a)(2) are exempt from Fleet Operator Requirements specified in Sections 3002(a) and 3002(b), and Fleet Phase-Out provisions specified in Section 3006. (A) Eligibility. 1. The Forklift shall be maintained and operated by a governmental agency, or other entity operating under the authority of a governmental agency, for the purpose of supporting Emergency Operations,2. The Forklift is operated less than 200 hours per calendar year for purposes other than supporting Emergency Operations. The Regulation does not limit operating hours accrued during the support of Emergency Operations.(B) Reporting. The Fleet Operator shall comply with all reporting requirements set forth in Section 3009(g) of this Regulation.(C) Monitoring Hours of Use.1. Each Dedicated Emergency Forklift shall be equipped with an operational, non-resettable hour meter. If an hour meter is replaced, the Fleet Operator shall record the date of replacement, the final hour-meter reading of the replaced hour meter, and the initial hour-meter reading of the newly installed hour meter. This information shall be maintained for a minimum of five years from the date of replacement.2. One hour-meter reading shall be gathered within 30 calendar days of January 1 of the year the Forklift is first designated as a Dedicated Emergency Forklift. For each year thereafter, for as long as the Forklift is designated as a Dedicated Emergency Forklift, an hour-meter reading shall be gathered within 30 calendar days of December 31 of the previous year and hour-meter readings shall be gathered at the commencement and completion of each Emergency Operation the Forklift supported the previous year.3. The Fleet Operator shall take and maintain a date-stamped photograph of the hour meter each time an hour-meter reading is gathered for reporting. If the Fleet Operator does not have access to a camera, or if security protocols related to military operations prevent the use of a camera, in lieu of photographs, the Fleet Operator shall create and maintain a written log, which includes the EIN, hour-meter reading, signature of the person gathering the reading, and date from the day that the hour-meter reading was gathered for reporting. The photographs or logged hour-meter readings, as applicable, shall be maintained for a minimum of five years from the date the reading was gathered.4. Annual hour-meter readings shall demonstrate that the Forklift is operated less than 200 hours per year for purposes other than supporting Emergency Operations. Annual operating hours accrued during the support of Emergency Operations, as determined through hour-meter readings gathered pursuant to Section 3007(a)(2)(C)2, may be subtracted from total annual operating hours when determining whether 200-hour limit has been met. The 200-hour limit applies to the Forklift for the duration of the calendar year and does not reset even if ownership or control of said Forklift is transferred during that calendar year.5. A three-year rolling average may be applied to a Dedicated Emergency Forklift if the following conditions are met: a. The Forklift is operated only in California for three consecutive years;b. The Forklift is operated on average less than 200 hours per calendar year for purposes other than the support of Emergency Operations during that consecutive three-year period and all subsequent three-year periods; andc. The Forklift's hours are reported for all three consecutive years in accordance with Section 3007(a)(2)(B).(D) The Fleet Operator shall label each Dedicated Emergency Forklift with its EIN in accordance with Section 3010 of the Regulation.(E) A copy of the emergency declaration and official directives to deploy Dedicated Emergency Forklifts for each applicable declared emergency event shall be maintained for a minimum of five years from the date of the declared emergency event.(F) Any information or documentation required to be maintained or reported pursuant to Section 3007(a)(2) shall be provided to the Executive Officer within five business days upon request.(3) Temporary Storage of Non-Compliant LSI Forklifts Awaiting Sale, Scrap, or Relocation. Subject to the following conditions, a Fleet Operator may temporarily store onsite for up to six consecutive months a Non-Compliant LSI Forklift while said Forklift is awaiting sale, scrap, or relocation. (A) Except as provided in Section 3007(a)(3)(B), below, the Fleet Operator shall have disconnected or removed the battery of the Non-Compliant LSI Forklift and affixed an appropriate Lockout Device to the Energy Isolation Device of said Forklift such that the Forklift cannot be energized or operated.(B) When a Tagout Device is used on the Energy Isolating Device in lieu of a Lockout Device, the Tagout Device shall be attached at the same location that the Lockout Device would have been attached, and the battery; and propane tank, if applicable, shall have been removed.(C) Applicable Non-Compliant LSI Forklifts shall not be operated while awaiting sale, scrap, or relocation, except during their transportation off of the Fleet Operator's site.(4) LSI Forklifts Transported for Delivery Out-of-State. Subject to the following conditions, a Dealer may possess a new LSI Forklift during its transportation to an out-of-state location. (A) The entity in possession of the LSI Forklift in California shall provide to the Executive Officer upon request a bill of lading certified by the shipper indicating the ultimate delivery address and estimated date of delivery of the LSI Forklift.(B) The ultimate delivery address of the LSI Forklift shall be located outside of California.(C) The LSI Forklift shall be equipped with an operational, non-resettable hour meter showing no more than ten hours of total operation while in California accounting for hours of operation accrued prior to delivery to the Dealer, as evidenced by the bill of lading.(D) The LSI Forklift shall not remain in California for more than three months.(5) San Nicolas and San Clemente Islands Exemption. LSI Forklifts solely operated on San Nicolas and San Clemente Islands by the United States Department of Defense, or another entity operating on said islands under the authority of the United States Department of Defense, are exempt.(6) In-Field Forklift Exemption. LSI Forklifts operated as In-Field Forklifts in accordance with Section 3007(a)(6) are exempt from Fleet Operator Requirements specified in the requirements of Sections 3002(a) and 3002(b), and Fleet Phase-Out provisions specified in Section 3006. (A) Eligibility. More than 50% of the Forklift's annual operation shall be in Agricultural Operations and Forest Operations, not including hours operated in Crop Preparation Services.(B) Monitoring Hours of Use.1. Each In-Field Forklift shall be equipped with an operational, non-resettable hour meter. If an hour meter is replaced, the Fleet Operator shall record the date of replacement, the final hour-meter reading of the replaced hour meter, and the initial hour-meter reading of the newly installed hour meter. This information shall be maintained for minimum of five years from the date of replacement.2. One hour-meter reading shall be gathered within 30 calendar days of January 1 of the year the Forklift is first designated as an In-Field Forklift. For each year thereafter, for as long as the Forklift is designated as an In-Field Forklift, an hour-meter reading shall be gathered within 30 calendar days of December 31 of the previous year and hour-meter readings shall be gathered at the commencement and completion of any operation not covered by the definitions for Agricultural Operations or Forest Operations, as set forth in this Regulation.3. The Fleet Operator shall create and maintain a written log, which includes the Forklift's serial number, hour-meter reading, signature of the person gathering the reading, and date from the day that the hour-meter reading was gathered for reporting. The logged hour-meter readings shall be maintained for a minimum of five years from the date the reading was gathered.4. Annual hour-meter readings shall demonstrate that more than 50% of the Forklift's annual operation is in Agricultural Operations and Forest Operations, not including hours operated in Crop Preparation Services.(b) Extensions. Subject to eligibility criteria, Fleet Operators may request the following extensions to extend the compliance date of one or more 2025 or previous MY LSI Forklifts subject to an applicable phase-out schedule set forth in Section 3006(d), or to obtain and operate one or more replacement LSI Forklifts for which current Operational or Infrastructure Site Electrification Delay Extensions are in effect. In granting or denying an extension request, the Executive Officer will rely on the documentation and information submitted by the Fleet Operator and utilize good engineering judgement to determine whether the information meets the applicable criteria for each extension. Any extensions granted to a Fleet are not transferrable to another Fleet.(1) Method for Requesting and Approval of Extensions. (A) Extension requests shall be submitted per Section 3008.(B) Upon submittal of an extension request, if the Executive Officer determines that the information provided as part of the request is insufficient to serve as the basis for an extension, the Executive Officer may request additional information and/or clarification prior to the request being deemed complete.(C) If the Executive Officer requests additional information and/or clarification, Fleet Operators shall provide such information within 30 calendar days of receiving such requests.(D) If the Executive Officer does not respond to the Fleet Operator within 45 calendar days of an initial submittal or a submittal of additional information in response to a request by the Executive Officer, the request is deemed approved, and the extension is effectively granted 45 calendar days after receipt of submittal.(2) Zero-Emission Forklift Delivery Delay Extension. Fleet Operators may request an extension if the ZEFs they have ordered to replace LSI Forklifts required to be phased out by the upcoming compliance date cannot be delivered to the Fleet Operator by said compliance date due to circumstances beyond the Fleet Operator's control. To receive the Zero-Emission Forklift Delivery Delay Extension, the Fleet Operator shall meet all Fleet Eligibility Criteria in Section 3007(b)(2)(A), label each affected LSI Forklift per Section 3007(b)(2)(C), and submit all documentation and information described in Section 3007(b)(2)(D) within the timelines specified. Section 3007(b)(2)(B) specifies the provisions of the extension. No Zero-Emission Forklift Delivery Delay Extensions will be granted for initial requests submitted on or after January 1, 2038. (A) Fleet Eligibility Criteria for a Zero-Emission Forklift Delivery Delay Extension. For a Fleet Operator to be granted an extension, all the following criteria shall be met: 1. Based on documentation provided by the manufacturer, Dealer, or shipper, the ZEFs ordered to replace the LSI Forklifts are estimated to be delivered after the upcoming compliance date.2. The purchase or lease agreement for each ZEF meets all the following criteria:a. The purchase or lease agreement is a written, signed, and dated legally binding contract. The extension cannot be claimed if the purchase or lease agreement has been modified by the Fleet Operator within one year of the upcoming compliance date. Letters of intent or other agreements that are not binding, or that are contingent upon other decisions that remain unresolved within one year of the upcoming compliance date, are not sufficient to qualify for the extension;b. The purchase or lease agreement identifies the make and model of the ZEF that the Fleet Operator committed to purchase or lease, the date of the order, and that the purchase is for delivery prior to the upcoming compliance date to the Fleet Operator; andc. The purchase or lease agreement shows that the new ZEF was ordered at least two years prior to the upcoming compliance date.3. The Fleet Operator has submitted the documentation and information specified in Section 3007(b)(2)(D)1.(B) Provisions of a Zero-Emission Forklift Delivery Delay Extension.1. Extension Term. Each extension and extension renewal granted will be valid for a period of one year from the applicable compliance date and shall expire on December 31. Extensions can continue to be renewed until the ZEF the Fleet Operator has ordered is received, except that no extension granted will be valid beyond December 31, 2039.2. Purchase or Lease Agreement Cancellation.a. Manufacturer Cancellation. If a Forklift manufacturer cancels a purchase or lease agreement for a ZEF ordered to replace an LSI Forklift subject to the upcoming compliance date due to circumstances beyond the control of the Fleet Operator, the Fleet Operator shall secure another purchase or lease agreement for another ZEF within 180 calendar days of the cancellation, except for government Fleet Operators who shall secure another purchase or lease agreement within one year of the cancellation. Fleet Operators shall submit a copy of the manufacturer cancellation notice within 30 calendar days of the cancellation and shall submit the new ZEF purchase or lease agreement within 30 calendar days of placing the order.b. Fleet Operator Cancellation. If a Fleet Operator cancels a purchase or lease agreement for the ZEF ordered to replace an LSI Forklift subject to the upcoming compliance date, the claim for the extension will be treated as invalid and the agreement will be treated as if it were never executed.(C) Labeling Requirement for a Zero-Emission Forklift Delivery Delay Extension. The Fleet Operator shall label each LSI Forklift covered by the extension with its EIN in accordance with Section 3010.
(D) Request and Renewals for a Zero-Emission Forklift Delivery Delay Extension.1. The Fleet Operator shall submit the following to the Executive Officer in its request for the extension prior to the upcoming compliance date: a. Entity information specified in Section 3009(b)(1);b. Forklift Information. For each LSI Forklift included in the extension request: i. Forklift information as specified in Section 3009(b)(2);ii. Primary operating location address;iii. The signed purchase or lease agreement for the ZEF ordered to replace the LSI Forklift that meets the criteria in Section 3007(b)(2)(A)2; andiv. Documentation from the manufacturer, Dealer, or shipper, indicating that the ZEF ordered to replace the LSI Forklift is estimated to be delivered after the upcoming compliance date.2. Extension Renewal. To renew a Zero-Emission Forklift Delivery Delay Extension, the Fleet Operator shall provide the following prior to the expiration of the current extension: a. Updated estimated delivery dates of the applicable ZEFs; andb. Documentation of the delay provided by the manufacturer, Dealer, or shipper.(3) Infrastructure Delay Extensions. A Fleet Operator may request the following extensions if the Fleet Operator experiences delays due to circumstances beyond their control on a project to install ZEF-related charging and fueling infrastructure. (A) Infrastructure Construction Delay Extension. Fleet Operators may request this extension if they experience a construction delay due to circumstances beyond their control. Only one request may be submitted per project. To receive the Infrastructure Construction Delay Extension, the Fleet Operator shall meet all Fleet Eligibility Criteria in Section 3007(b)(3)(A)1 and submit all documentation and information described in Section 3007(b)(3)(A)4 within the timelines specified. No Infrastructure Construction Delay Extension will be granted for initial requests submitted on or after January 1, 2038. 1. Fleet Eligibility Criteria for an Infrastructure Construction Delay Extension. For a Fleet Operator to be granted an extension, all the following criteria shall be met: a. A construction delay is anticipated as a result of any of the following circumstances beyond the Fleet Operator's control: change of a general contractor; delay in manufacture and shipment of zero-emission charging or fueling infrastructure equipment; delay in the delivery of necessary building materials; delays obtaining power from a utility; delays in construction of ZEF-related storage or shelter; delays due to unexpected safety issues on the project; delays obtaining permits; delays due to landlord-tenant issues regarding the installation of charging or fueling infrastructure; discovery of archeological, historical, or tribal cultural resources described in the California Environmental Quality Act, Public Resources Code Division 13, sections 21083.2, 21084.1, 21084.2, and 21084.3; or natural disasters.b. The Fleet Operator, or other entity responsible for infrastructure at the operating location, has entered into a contract for the installation of the charging, fueling, and/or required physical infrastructure, and a construction permit has been obtained at least one year ahead of the compliance date, or the Infrastructure Site Electrification Delay Extension expiration date, if applicable. If a construction permit was not issued at least one year ahead of the compliance date, the Fleet Operator shall demonstrate that the construction permit application, including all necessary architectural and engineering plans, was submitted at least 18 months prior to the upcoming compliance date. For Fleets experiencing delays due to landlord-tenant issues regarding the installation of charging or fueling infrastructure, in lieu of a construction permit or construction permit application, the Fleet Operator demonstrates that necessary architectural and engineering plans were completed at least 18 months prior to the upcoming compliance date.c. The Fleet Operator has deployed the maximum number of ZEFs that can be supported by the existing infrastructure.d. If the Fleet Operator operates at multiple sites, the Fleet Operator has relocated Forklifts to the extent possible to maximize compliance across its sites.e. The Fleet Operator has submitted the information in Section 3007(b)(3)(A)4 prior to the upcoming compliance date.2. Provisions of an Infrastructure Construction Delay Extension. a. LSI Forklifts Eligible for Inclusion in an Extension. Any LSI Forklift in the Fleet subject the upcoming compliance date may be included in the extension so long as the Fleet Operator successfully demonstrates, through the documentation and information submitted pursuant to Section 3007(b)(3)(A)4, that the ZEF needed to replace such LSI Forklift cannot be supported by the site due to the construction delay. The Fleet Operator shall have deployed the maximum number of ZEFs that can be supported by the site and shall deploy any additional ZEFs needed to meet its compliance obligations and that can be supported by the site each calendar year during the delay until the project is complete to maintain the extension. Fleet Operators may only request extensions for LSI Forklifts being replaced at the site experiencing the delay.b. Extension Term. An extension granted pursuant to Section 3007(b)(3)(A) will be valid for period of up to two years per project. This extension cannot be renewed.3. Labeling Requirement for an Infrastructure Construction Delay Extension. The Fleet Operator shall label each LSI Forklift covered by an extension with its EIN in accordance with Section 3010.4. Request for an Infrastructure Construction Delay Extension. The Fleet Operator shall submit the following to the Executive Officer in its request prior to the upcoming compliance date: a. Entity information specified in Section 3009(b)(1);b. For each LSI Forklift required to be phased out by the upcoming compliance date:i. Forklift information as specified in Section 3009(b)(2) or EIN, as applicable; andii. Primary operating location address;c. Documentation showing the delay is a result of any of the circumstances provided in Section 3007(b)(3)(A)1.a;d. A letter to the Executive Officer from the Responsible Official with the following: i. The reason for the delay;ii. The estimated completion date of the project; andiii. Documentation supporting the reason for the delay from the licensed contractor performing the work, related utility, building department, or other organization involved in the project;e. For Fleet Operators not experiencing delays due to landlord-tenant issues regarding the installation of charging or fueling infrastructure, documentation showing the executed contract for the infrastructure installation with necessary construction permit showing a permit-issue date that is at least one year prior to the upcoming compliance date, or the Infrastructure Site Electrification Delay Extension expiration date, if applicable (or, if the construction permit was not issued at least one year prior to the upcoming compliance date, documentation showing the construction permit application, including all necessary architectural and engineering plans, was submitted at least 18 months prior to the upcoming compliance date, or Site Electrification Delay Extension expiration date, as applicable);f. For charging infrastructure construction delays, the Fleet Operator's plan for charging ZEFs, including information on the number of chargers to be installed per Forklift, the types of chargers to be installed, and the integration of charging into the operation's workflow;g. If the Fleet Operator has multiple sites where Forklifts are operated, an analysis for each site demonstrating that additional ZEFs cannot be deployed at the Fleet Operator's other locations to facilitate the relocation of compliant LSI Forklifts to the location subject to the construction delay; andh. Copies of the executed ZEF purchase or lease agreement(s).(B) Infrastructure Site Electrification Delay Extension. Fleet Operators may request this extension if their utility provider determines it cannot provide, prior to the upcoming compliance date, the requested power to the site where needed ZEFs will be charged or fueled. To receive the Infrastructure Site Electrification Delay Extension, the Fleet Operator shall meet all Fleet Eligibility Criteria in Section 3007(b)(3)(B)1 and submit all documentation and information described in Section 3007(b)(3)(B)4.a within the timelines specified. 1. Fleet Eligibility Criteria for an Infrastructure Site Electrification Delay Extension. For a Fleet Operator to be granted an extension, all the following criteria shall be met: a. The Fleet Operator, or other entity responsible for infrastructure at the operating location, has formally requested, pursuant to Sections 3007(b)(3)(B)1.a.i through 3007(b)(3)(B)1.a.iii, below, from the electric utility provider the electrical-service installation or upgrades necessary to charge, or to provide power to the infrastructure needed to fuel, anticipated ZEFs to be deployed to comply with the upcoming compliance date.i. For the January 1, 2028, compliance date, the formal request to the electric utility provider shall have been submitted by January 1, 2027;ii. For the January 1, 2029, compliance date through the January 1, 2036, compliance date, the formal request to the electric utility provider shall have been submitted at least two years prior to said compliance date; andiii. For the January 1, 2038, compliance date, the formal request shall have been submitted by January 1, 2034.b. The electric utility provider has notified the Fleet Operator that it cannot provide the requested power prior to the upcoming compliance date.c. The Fleet Operator has deployed the maximum number of ZEFs that can be supported by the electric utility provider.d. If the Fleet Operator operates at multiple sites, the Fleet Operator has relocated Forklifts to the extent possible in order to maximize compliance across its sites.e. The Fleet Operator has submitted the information in Section 3007(b)(3)(B)4.a prior to the upcoming compliance date.2. Provisions of an Infrastructure Site Electrification Delay Extension.a. LSI Forklifts Eligible for Inclusion in an Extension. Any LSI Forklift in the Fleet subject the upcoming compliance date may be included in the extension so long as the Fleet Operator successfully demonstrates, through the documentation and information submitted pursuant to Section 3007(b)(3)(B)4.a, that the ZEF needed to replace such LSI Forklift cannot be supported by the electric utility provider. The Fleet Operator shall have deployed the maximum number of ZEFs that can be supported by the electric utility provider, and shall deploy any additional ZEFs needed to meet its compliance obligations and that can be supported by utility upgrades to the site's electrical capacity each calendar year during the delay until the project is complete to maintain the extension.b. Extension Term. The initial extension granted pursuant to Section 3007(b)(3)(B) will be valid for a period of up to three years, based on the amount of time the utility determines it needs to supply the needed power to the site. The renewal of the initial extension, if granted, will be for a period of up to two years if the utility still cannot deliver the needed power by the end of the initial extension period. Each subsequent renewal, if granted, will be for a period of one-year. This extension can continue to be renewed until the electrical utility provider delivers the needed power to the site, or up to a maximum extension term of ten years, whichever occurs first.3. Labeling Requirement for an Infrastructure Site Electrification Delay Extension. The Fleet Operator shall label each LSI Forklift covered by an extension with its EIN in accordance with Section 3010.4. Request and Renewals for an Infrastructure Site Electrification Delay Extension. a. The Fleet Operator shall submit the following to the Executive Officer in its request for the extension prior to the upcoming compliance date: i. Entity information specified in Section 3009(b)(1);ii. For each LSI Forklift required to be phased out pursuant to Section 3006 during the term of the extension: I. Forklift information specified in Section 3009(b)(2) or EIN, as applicable; andII. Primary operating location address;iii. A copy of the application submitted to the electric utility provider requesting site electrification that is consistent with the number of ZEFs the Fleet Operator shall be required to deploy each calendar year to meet their compliance requirements during the requested extension period;iv. Documentation and correspondence received from the electrical utility provider: I. The electrical utility provider's response to the application requesting site electrification stating that the project will not be complete until after the upcoming compliance date;II. Documentation indicating the reason for the delay;III. An estimate provided by the electric utility provider of the available electrical capacity in kilowatts the electric utility provider is able to supply to the site within one year of the extension request, and for each year of the requested extension; andIV. Estimated project completion date.v. Load profiles depicting the location's typical electricity usage on an hourly basis from the electrical utility provider covering the previous 12-month period;vi. Information about the ZEF charging or fueling infrastructure equipment that can be installed consistent with the electric utility provider's capacity estimate for each year of the requested extension and the associated number of ZEFs that can be supported by such equipment:I. The number, type, and rated power capacity for chargers in kilowatts; orII. For hydrogen stations, dispensing capacity in kilograms per day and the electrical demand in kilowatts;vii. If the Fleet Operator has multiple sites where Forklifts are operated, an infrastructure capacity evaluation for each site from the electric utility provider, a third-party licensed professional electrical engineer, or other qualified person, with the information required in Sections 3007(b)(3)(B)4.a.iv and 3007(b)(3)(B)4.a.vi; andviii. The executed utility contract, or in lieu of the executed utility contract, the Fleet Operator's initial contract or application requesting site electrification from the utility and a signed attestation from the electric utility provider stating they will proceed with the project.b. Renewals for an Infrastructure Site Electrification Delay Extension. To request to renew an extension, the Fleet Operator shall provide to the Executive Officer updated supporting documentation and information specified in Section 3007(b)(3)(B)4.a prior to the expiration of the current extension period.(4) Operational Extension. Fleet Operators may request this extension if there is no commercially available ZEF model that can meet the needs of an operation currently served by an LSI Forklift required to be phased out by the upcoming compliance date. An Operational Extension may be utilized for operation of an LSI Forklift after the applicable compliance date. The Operational Extension may also be used for replacement of an LSI Forklift with an LSI Forklift, pursuant to Section 3007(b)(5), even if the replacement needs to be made years in advance of the upcoming compliance date. The replacement LSI Forklift would be allowed even when its acquisition, possession, or operation would otherwise be prohibited by Sections 3002(a), 3002(b), 3003(a), 3003(b)(1), and 3005(a). To receive the Operational Extension, the Fleet Operator shall meet all Fleet Eligibility Criteria in Section 3007(b)(4)(A) and submit all documentation and information described in Section 3007(b)(4)(D)1 within the timelines specified. (A) Fleet Eligibility Criteria for an Operational Extension. For a Fleet Operator to be granted an Operational Extension, all the following criteria shall be met: 1. The Fleet Operator has successfully demonstrated, through documentation and information provided pursuant to Section 3007(b)(4)(D)1, at least one of the following: a. There is no commercially available ZEF model that can be used in place of the LSI Forklift to be phased out by the upcoming compliance date without causing a greater demonstrable safety risk to the operator, other employees, or the facility in which the Forklift operates;b. The LSI Forklift to be replaced is dedicated to a push-pull type of operation; the primary attachment for the Forklift is specifically designed to push and pull, rather than lift; and there is no commercially available ZEF model capable of performing the work adequately; orc. There is no commercially available ZEF model capable of fulfilling operational needs based on published specifications (e.g., Rated Capacity, drawbar pull, etc.).2. The LSI Forklift required to be phased out by the upcoming compliance date is a 2013 or subsequent MY Forklift.3. The LSI Forklift is dedicated to the operation for which the fleet operator is requesting an Operational Extension. In other words, the LSI Forklift shall not be used for any operation not covered by the Operational Extension.4. The Fleet Operator has managed operations such that the need for Operational Extensions has been minimized.5. The Fleet Operator has submitted the information in Section 3007(b)(4)(D)1 prior to the upcoming compliance date.(B) Duration of an Operational Extension. 1. Each extension and extension renewal granted by the Executive Officer for an extension of an upcoming compliance date is valid for one year from the applicable compliance date or extension expiration, respectively. This extension can be renewed until a suitable ZEF model becomes available.2. An extension granted by the Executive Officer for replacement of an LSI Forklift prior to the compliance date shall be valid up to the compliance date of the replaced LSI Forklift. For example, if a Model Year 2022 Class IV LSI Forklift with Rated Capacity of 12,000 pounds or less in a Large Fleet is replaced with a Model Year 2029 Class IV LSI Forklift per this extension, the replacement forklift would need to be phased out by the compliance date of January 1, 2033. Renewal of the extension is subject to Section 3007(b)(4)(B)(1).(C) Labeling Requirement for an Operational Extension. The Fleet Operator shall label each LSI Forklift covered by an extension with its EIN in accordance with Section 3010.(D) Request and Renewals for an Operational Extension.1. The Fleet Operator shall submit the following to the Executive Officer when requesting to replace an LSI Forklift using the Operational Extension or when requesting an extension of the upcoming compliance date using the Operational Extension. Whenever a Fleet Operator wishes to retain multiple LSI Forklifts of the same equipment type, for which the extension justification provided is identical, the Fleet Operator may submit a single request to cover all associated LSI Forklifts. a. Entity information specified in Section 3009(b)(1);b. For the LSI Forklift for which the extension is being requested:i. Forklift information specified in Section 3009(b)(2) or EIN, as applicable; andii. Primary operating location address;c. A detailed description of the operation in which the applicable LSI Forklifts operate, including site maps with operating areas, Forklift storage areas, and areas of concern identified; a description of the potential operational and safety issues; a description of the nature of the work or duty cycle; a description of the operating environment; and a detailed explanation of how the need for Operational Extensions has been minimized;d. A detailed description of the required characteristics a Forklift must have in order to perform the work effectively and/or safely;e. An explanation as to how the fleet operator will manage applicable LSI Forklifts such that they only perform the operation covered by the Operational Extension;f. A comprehensive market evaluation and determination using engineering judgement that demonstrates that no available ZEF models of similar configuration as the LSI Forklift to be phased out is capable of safely operating as a replacement, considering the duty cycle and operational characteristics (evaluation shall be completed based on ZEF model availability. For replacements prior to the applicable compliance date, the ZEF model availability evaluation window shall be within the six-month period immediately preceding the application submittal date. For extensions of the applicable compliance date, the ZEF model availability evaluation window shall be within the six-month period immediately preceding the upcoming compliance date);g. Statements or information from applicable Forklift manufacturers, Dealers, insurance companies, and/or other entities substantiating the operational or safety issues cited in the extension request; andh. As applicable, Forklift specification sheets, copies of warranty conditions, leasing criteria, and/or other documentation and information supporting the request.2. Renewal of an Operational Extension. In order to renew an extension, the Fleet Operator shall perform a new market evaluation, as described in Section 3007(b)(4)(D)1.f, and submit the new market evaluation, including updated documentation specified in Section 3007(b)(4)(D)1.g and Section 3007(b)(4)(D)1.h, to the Executive Officer prior to the expiration of the current extension period. For replacements, the market evaluation shall be completed based on ZEF model availability within the six- month period immediately preceding the expiration date of the current extension period. For extensions of the compliance deadline, the market evaluation shall be completed based on ZEF model availability within the six-month period immediately preceding the applicable compliance deadline or the six-month period immediately preceding the expiration date of the current extension period, whichever is later.(E) Expirations and Denials of Operational Extensions. If an Operational Extension expires or the Executive Officer denies an Operational Extension request, the Fleet Operator's upcoming compliance date becomes 180 calendar days from the expiration or date of receipt of the Executive Officer's final written decision or the original compliance date, whichever is later. That is, the Fleet Operator has 180 calendar days to bring into compliance the Forklifts or fleet for which the Operational Extension request expired or was denied. The Fleet Operator may not apply for an Operational Extension for the same equipment subsequent to one being denied. Notwithstanding the deadlines in Section 3007(b)(2)(A)2.a. and Section 3007(b)(2)(A)2.c. for Zero-Emission Forklift Delivery Delay Extensions, in Sections 3007(b)(3)(A)1.b and 3007(b)(3)(A)4.e. for Infrastructure Construction Delay Extensions, and in Section 3007(b)(3)(B)1.a. for Infrastructure Site Electrification Delay Extensions, a Fleet Operator whose Operational Extension expires or is denied may apply for a Zero-Emission Forklift Delivery Delay Extension, an Infrastructure Construction Delay Extension, and/or an Infrastructure Site Electrification Delay Extension as long as the application is submitted within 135 calendar days of the expiration of, or denial of a request for, an Operational Extension.
(5) Replacement of LSI Forklifts Covered By an Operational Extension or an Infrastructure Site Electrification Delay Extension. Subject to the following conditions, a Fleet Operator may acquire a 2026 Model Year or newer LSI Forklift to replace an LSI Forklift covered by an Operational Extension or an Infrastructure Site Electrification Delay Extension that has been removed from the fleet. (A) The LSI Forklift being replaced must be covered under a valid Operational Extension or Infrastructure Site Electrification Delay Extension at the time of replacement.(B) The LSI Forklift being replaced must be removed from the fleet within 30 calendar days of the delivery of the replacement LSI Forklift.(C) Prior to taking delivery of the replacement LSI Forklift, the Fleet Operator shall provide the following to the Executive Officer: 1. EIN of the Forklift covered by the Operational Extension or Infrastructure Site Electrification Delay Extension; and2. The purchase or lease agreement identifying the make and model of the replacement LSI Forklift.(D) The Fleet Operator shall provide the following to the Executive Officer within 30 calendar days of delivery:1. For the replacement LSI Forklift, Forklift information specified in Section 3009(b)(2), as applicable; and2. For the LSI Forklift being replaced, documentation that the Forklift has been removed from service, such as sales contract or certificate of destruction.(E) Any LSI Forklift acquired pursuant to an Operational Extension or Infrastructure Site Electrification Delay Extension shall be Phased Out of the Fleet by the date said extension expires or otherwise becomes invalid.Cal. Code Regs. Tit. 13, § 3007
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).