Following discussions between the California Trucking Association and the California Air Resources Board (CARB), CARB agreed to allow flexibility for fleets in reporting their California vehicles as required by the regulation.

In a letter to the California Trucking Association, dated December 27, CARB addressed the group’s opposition to the impending rule, which took the form of a federal lawsuit this past October (CTA v. CARB, Case No. 2:23-cv-02333). As a response to the suit, CARB stated it will not take enforcement actions against high-priority or drayage fleets if they fail to meet reporting requirements or add new internal combustion engine vehicles to the registry during this period.

The agency will also refrain from taking action against “vehicles that exceed their useful life periods,” which includes 2007-2009 model-year natural gas drayage trucks. According to the letter, CARB will not de-register those vehicles until the EPA makes its final decision.

Under this agreement, fleets can voluntarily register their trucks under the program but will not be mandated to do so unless or until the U.S. Environmental Protection Agency grants a waiver for the Advanced Clean Fleets rule. A waiver determination from the EPA is not expected for months and could take up to a year.

Under this agreement:

• CARB has agreed not to enforce the reporting or registration requirements of the ACF as it applies to high priority fleets and drayage until a waiver determination is issued by EPA. "High priority" fleets are defined in the regulation as those with $50 million or more in revenue or operating 50 or more trucks.
   
• Fleets may voluntarily report and apply for flexibility provisions.
   
• CARB reserves the right to take enforcement action to remove internal combustion trucks added after January 1, 2024 that would not otherwise be in compliance with the ACF.
   
• CTA will continue to move forward with its litigation against the ACF.
   
• CARB will publish a detailed enforcement advisory in the coming days.