Cal. Code Regs. Tit. 17, § 95690.7 - Extensions

(a) Infrastructure Facility Extension. The Executive Officer may grant a fleet owner a one-time extension of not more than two years to the compliance deadline specified in section 95690.5(a) or purchase replacement requirement in section 95690.5(b) for a fleet that is domiciled in a facility with site limitations that prevent adequate zero-emission charging infrastructure from being installed or would not allow for safe ingress and egress at the facility. The fleet owner shall submit an application for extension per subsection (c) to the Executive Officer at least 90 days prior to the compliance deadline.

(b) Compliance Extension. The Executive Officer may grant a fleet owner an extension to a compliance deadline specified in section 95690.5(a) or purchase replacement requirement in section 95690.5(b) due to unforeseen, temporary, or extenuating circumstances outside of the fleet owner's control. The fleet owner shall submit an application for extention per subsection (c) to the Executive Officer atleast 90 days prior to the compliance deadline.

(c) Application for Extensions. A fleet owner applying for an extension under this provision must obtain Executive Officer approval of the extension application.

(1) A completed extension application must include:

(A) The reporting information specified in subsection 95690.4(a);

(B) Start and end dates of extension use;

(C) Documentation that supports the finding of a circumstance as requiring extension use; and

(D) Efforts taken to mitigate future need for the extension.

(2) 30-Day Public Comment Period. After an application has been received, the Executive Officer shall provide a 30-day public comment period to receive comments on any element of the application and whether the Executive Officer should approve or disapprove the application based on the contents and merits of the application. The Executive Officer shall notify all interested parties of the following:

(A) The applicant;

(B) The start and end dates for the 30-day comment period; and

(C) The website address where the application is posted.

(3) Final Action. Within 15 days after the public comment period ends, the Executive Officer shall take final action to approve, modify, or deny the application and shall notify the applicant accordingly. If the application is denied or modified, the Executive Officer shall state the reasons for the denial or modification in the notification. The notification to the applicant and approved plan, if applicable, shall be made available to the public on the CARB Zero-Emission Airport Shuttle website. In addition, the Executive Officer shall consider and address comments received during the public comment period.

Notes

Cal. Code Regs. Tit. 17, § 95690.7

1. New section filed 1-30-2020; operative 4-1-2020 (Register 2020, No. 5).

Note: Authority cited: Sections 38501, 38505, 38566, 38510, 38560, 39002, 39003, 39500,, 39600, 39601, 39602, 39602.5, 39650, 39658, 39659, 39667, 43013, 43018, 43100, 43101, 43102, 43104, 43105 and 43106, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 39650, 39658, 39659, 39667, 43000, 43000.5, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43205, 43205.5 and 43600, Health and Safety Code.

1. New section filed 1-30-2020; operative 4/1/2020 (Register 2020, No. 5).