CARB pumped the brakes on its clean air rules. But cities aren't off the hook

By Damon Conklin, legislative affairs lobbyist

City officials may have seen several reports that the California Air Resource Board (CARB) withdrew waiver requests that would allow it to enforce its Advanced Clean Fleets rule. But does this mean CARB will no longer enforce its zero-emissions mandate on vehicle fleets?

Well, kind of.

Some reports suggested that California is ending the Advanced Clean Fleets regulation. That is not correct. CARB will continue to enforce the rule for state and local government fleets since these vehicles operate within the state’s borders. Although it’s unclear if CARB will attempt to implement the rule’s interstate provisions through other state authorities, the move may indirectly impact cities’ abilities to secure zero-emission vehicles.

What vehicles did this withdrawal impact?

Under the federal Clean Air Act, states cannot adopt or enforce their own emissions standards for new motor vehicles/engines. However, because California adopted its own emission regulations before the Clean Air Act, it can request a waiver allowing it to enforce more stringent standards in the state.

Anticipating that the U.S. Environmental Protection Agency would deny those requests under the Trump administration — making any interstate provision of those regulations unenforceable — CARB withdrew three waiver requests that would have impacted:

• High-priority private and federal government agencies that own and operate at least one vehicle in California
• Older locomotives
• Commercial harbor craft, such as tugboats and ferries

These withdrawals DO NOT affect other requirements, like Clean Cars II, Clean Trucks, and the Heavy-Duty Omnibus rules, for which California has already obtained Clean Air Act waivers.

CARB previously issued an enforcement notice stating they would not enforce the high-priority or drayage components of the Advanced Clean Fleets regulations until the EPA issued a waiver. With the withdrawal of these waiver requests, it is unclear whether CARB will attempt to enforce those regulations in some form under state authorities.

How does this impact cities?  

State and local government fleets should continue to comply with the Advanced Clean Fleets rule and other in-place regulations, including an annual reporting requirement that occurs on April 1. According to CARB, reporting compliance is low and cities that have not yet submitted a report are vulnerable to enforcement actions and penalties.

The withdrawal will likely have a chilling effect on manufacturing, causing delays to zero-emission vehicles (ZEV) delivery and continued high costs. Making matters worse, Caltrans has over half a billion dollars allocated for 2,100 medium- and heavy-duty ZEVs. Cities will be competing against not only counties and special districts, but a well-funded state agency for a limited pool of vehicles.

Cal Cities will continue to work with CARB, the Governor’s Office, and the Legislature to make it easier for cities to implement and comply with the Advanced Clean Fleets regulations.