City compliance with these new regulations will require:
o Replacement of two existing front-end diesel engine loaders with new Tier 4 compliant diesel engine loaders by 2028
o Replacement of one backhoe with a new Tier 4 compliant diesel engine backhoe by 2030 o Replacement of two stationary emergency standby generators with new Tier 4 compliant diesel engine generators by 2030
High level fiscal impact estimates for compliance are as follows:
o 2 - Tier 4 compliant diesel engine loaders - SS00,OO0 o 1 - Tier 4 compliant diesel engine backhoe - 5125,000 o 2 - Tier 4 compliant diesel engine generators - SG00,000 Tota! Off-Road Diesel Regulation Amendment Compliance Cost = S1,225,000 PIan for Compliance
City staff will be developing compliance strategies for these new emissions regulations. Based on the compliance strategies employed, associated budgets will be included in the S-year budget presented for Council approval prior to FY2O23|2O24.
SUMMARY:
The California Air Resources Board is in the process of implementing three new regulations that will have a significant impact on the fiscal resources of the City of Tehachapi for many years. These ill-conceived and unrealistic mandates are the latest in a long list of regulations imposed by out-of-touch boards, agencies and State political Ieaders that have allowed the regulatory authoritarian environment to get out of control.
These three new regulations alone will cost the city residents $8M or $gfU. es always, City staff will continue to develop plans and strategies for continued compliance with all regulations and utilize public funds as efficiently as possible.
FISCAL !MPACT:
Detailed cost estimates will be developed as part of the budget development process but approximate costs for compliance will be S8M-S9M.
RECOMMENDATION:
FOR INFORMATION ONtY
4112123,7:29 AM Advanced Clean Fleets Regulation Summary
CALIFORNIA
AIR RESOURCES BOARD
Advanced Clean Fleets Regulation Summary
Accelerati ng Zer o-Emission Truck Markets
DATE Oclobet27,2022
CONTACT
Advanced Clean Fleets
Email [email protected]
Phone (866) 634-3735
CATEGORIES
Topics On-Road Heavy-Duty Vehicles
Programs Advanced Clean Fleets
The following information summarizes the draft Advanced Clean Fleets (ACF) regulation, which is one part of a broader strategy to deploy medium- and heavyduty zero-emission vehicles (ZEV) everywhere feasible. The regulation is still being developed and is subject to change with public input and/or Board direction.
Accelerating Zero-Emission Truck Markets
As part of the California Air Resources Board's (CARB or Board) overall approach to accelerate a large-scale transition to zero-emission medium-and heavy-duty vehicles, the Advanced Clean Trucks (ACT) regulation was approved March 2021 to help ensure that zero-emission vehicles (ZEV) are brought to market. A facf sheef provides more information on this regulation. The following information summarizes the proposed Advanced Clean Fleets (ACF) regulation, which builds off of the ACT regulation and is a part of a broader strategy to deploy medium- and heavy-d uty ZEVs everywhere feasible.
1112
4t12t23,7"294M Advanced Clean Fleets Regulation Summary Why do we need the ACF regulation?
The primary goal of the ACF regulation is to accelerate the market for zero-emission trucks, vans, and buses by requiring fleets that are well suited for electrification, to transition to ZEVs where feasible. The Board directed CARB staff to ensure that fleets, businesses, and public entities that own or direct the operation of mediumand heavy-duty vehicles in California purchase and operate ZEVs to achieve a smooth transition to ZEV fleets by 2045 everywhere feasible, specifically to reach:
. 100 percent zero-emission drayage trucks, last mile delivery, and government fleets by 2035
. 100 percent zero-emission refuse trucks and local buses by 2040 . 100 percent zero-emission capable utility fleets by 2040 Achieving these and other milestones would also contribute to meeting the goals in the Governor's Executive Order N-79-20. The proposed ACF regulation continues the progress toward meeting public health and climate goals by reducing emissions from the medium- and heavy-duty vehicles on California roads, as shown in Table 1 below.
Table 1: Proposed ACF's cumulative total emissions reductions from 2O24lo 2050 relative to the Legal Baseline
Pollutants
Emissions
reductions from
ACF
Oxides of
Nitrogen (NOx)
Fine Particulate
Mafter (PM2.5)
Carbon
Dioxide (COz)
307 million
metric tons
419,000 tons 8,640 tons
Which fleets would the proposed ACF regulation
affect?
The proposed regulation would apply to fleets performing drayage operations, those owned by State, local and, federal government agencies, and high priority fleets.
High priority fleets are entities with $50 million or more in gross annua! revenue and 2112
4112123,7:29 AM Advanced Clean Fleets Regulation Summary that own, operate, or control at least one vehicle with a gross vehicle weight rating (GV\A/R) greater than 8,500 pounds, or are entities that own, operate, or control a total of 50 or more vehicles with a GMA/R greater than 8,500 pounds. The proposed regulation would affect medium- and heavy-duty vehicles, off-road yard trucks, and light-duty mail and package delivery vehicles.
Are zero-emission trucks available and suitable
for today's fleets?
Medium- and heavy-duty ZEVs that are commercially available today are already capable of meeting the daily needs of most loca! and regional trucking operations and a variety of vocational uses. The proposed regulation also provides flexibility to phase{n ZEVs in the most suitable portions of the fleets, first. Fleet owners reported information about their vehicles and operations as part of the Large Entity Reporting data collected in 2021 that shows that the vast majority of trucks drive 100 miles or fewer per day. The graph below in Figure 1 provides additional detail. Today's medium- and heavy-duty ZEVshave energy storage systems that can meet most of these daily operational requirements.
Zero-emission truck availability (as of July 2022)
. 148 models in North America are available for order or pre-order. . 135 models are actively being produced and delivered to customers. . At least 35 manufacturers are producing vehicle Class 2b through 8 ZEVs.
Figure 1: Estimated average daily mileages for select vehicle categories in Large Entity Reporting
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What if there isn't a zero-emission truck to
replace what a fleet needs?
The proposed ACF regulation includes an exemption for cases in which a ZEV that meets the fleet's needs is not available for purchase. The ZEV Unavailability Exemption allows a fleet owner to purchase a new internal combustion engine vehicle and exclude it from the ZEV milestone calculation. This exemption can apply if the remaining internal combustion engine vehicles in the fleet that are not already using an exemption or extension, cannot be replaced with aZEV or near-ZEV of the needed configuration due to Iack of availability. A list of vehicles that are not available as ZEVs or near-ZEVs will be kept on the CARB website.
The proposed ACF regulation would be phased in over 18 years, allowing fleets time to replace their existing conventional medium- and heavy-duty vehicles with comparable ZEVs. Specialty vehicles, along with sleeper cab tractors, have the most time to make the transition to ZEVs. This means that fleet managers overseeing fleets with specialty vehicles will be able to make decisions about the order and timing of vehicle replacement in their fleets. The specialty truck and sleeper cab tractor phase-in requirement starts in 2030, and by this time, ZEV technology is expected to have advanced to the point that range and vehicle weight 41',t2
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1112123,7:29 AM Advanced Clean Fleets Regulation Summary are no longer barriers. Based on Large Entity Reporting data collected in 2021, 3 percent of the medium- and heavy-duty vehicles in California are specialty vehicles, as defined in the proposed ACF regulation.
What are the different regulatory components of
the proposed ACF?
. Manufacturer sales mandate. Manufacturers may sell only zero-emission medium- and heavy-duty vehicles starting in 2040.
. State and local agencies. State and local government fleets, including city, county, district, and State agency fleets, would be required to ensure 50 percent of vehicle purchases are zero-emission beginning in 2024 and 100 percent of vehicle purchases are zero-emission by 2027. . Drayage fleets. For drayage fleets, starting 2024, only zero-emission trucks may be added to drayage service, and legacy vehicles must be removed from drayage service at the end of their useful life. By 2035, all drayage trucks must be zero-emission.
. High priority and federal fleets. High priority and federal fleets must comply with a ModelYear Schedule or may elect to use the optional ZEVMilestone Schedule to phase-in ZEVs into their fleets:
" ModelYear Schedule: Fleets must purchase only ZEVs beginning 2024 and must remove internal combustion engine vehicles at the end of their useful life as defined in Senafe Bill 1 (Beal!, Statutes 2017 , Chapter 5). " ZEVMilestone Schedule (Optiona!): lnstead of the Model Year Schedule, fleets may elect to meet ZEV targets as a percentage of the total fleet starting with vehicle types that are most suitable for electrification. The proposed schedule is laid out in Table 2:
Table 2: ZEY Milestone Schedule by group and year
Percentage of vehicles that must
be
zero-emission 10% 25% 50% 750/o 100%
Milestone Group 1: Box trucks, vans,
buses with two axles, yard tractors,
light-duty package delivery vehicles
2025 2028 2031 2033 2035 and
beyond
5112
4112123,7:29 AM
Percentage of vehicles that must
be
zero-emission
Milestone Group 2: Work trucks, day
cab tractors, buses with three axles
Milestone Group 3: Sleeper cab
tractors and specialty vehicles
Advanced Clean Fleets Regulation Summary
10% 25% 50% 75% 100%
2027 2030 2033 2036 2039 and
beyond
2030 2033 2036 2039 2042and
beyond
How many vehicles will be affected by the
proposed ACF regulation?
CARB staff estimate that, of the 1.8 million medium- and heavy-duty vehicles operating in California daily, 532,000 will be subject to ACF fleet requirements.
Figure 2, below, shows how many vehicles in certain groups of vehicle classes are estimated to be subject to the proposed regulation, and what percentage of the vehicles that operate in California that is. The proposed regulation focuses on the truck types that pollute the most; 67 percent of all Class 7-8 tractors, the largest polluters, will be covered.
Figure 2: Projected percentage of vehicles affected by proposed regulation 22s,000 67o/o
52o/o
1 42,000
12"/"
Class 2b-3 Class 4-8 Vocational Class 7-8 Tractor
I Trucks Subject to ACF E Percentage Subject to ACF
The proposed ACF regulation is expected to significantly increase the number of medium- and heavy-duty ZEVs on California roads, beyond the sales expected from the Advanced Clean Trucks regulation. The 2 regulations together are expected to F
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4112123,7:29 AM Advanced Clean Fleets Regulation Summary result in about 510,000, 1,230,000, and 1,590,000 ZEVs in California in 2035,2045, and 2050, respectively. Figure 3 below provides details of these increases over time.
Figure 3: Statewide medium- and heavy-duty ZEV population forecast c
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ZEVs with ACI and ACF ...... ZEVs due to the ACT Regulation How will disproportionately impacted
communities benefit from the proposed ACF
regulation?
The proposed regulation will accelerate the deployment of ZEVs and the air quality benefits they offer, to communities most impacted by harmful truck emissions.
Neighborhoods located near seaports, railyards, warehouses, and distribution centers are disproportionately affected by high truck traffic from medium- and heavyduty trucks. The drayage component of the proposed regulation would require by 2035, that all trucks entering the ports and railyards be zero-emission, which will greatly benefit air quality in neighborhoods surrounding these locations. Overall, this regulation would result in nearly half of all semi-trucks that travel on our highways to be zero-emission by 2035 and about 70 percent to be zero-emission by 2042.The draft regulation will also affect the vehicles that operate directly in neighborhoods https:/Arnir2.arb.ca.gov/resourceslfact-sheets/advanced-clean-fleets-regulation-summary/printable/print 7t't2 4112123,7:29 AM Advanced Clean Fleets Regulation Summary such as delivery trucks, garbage trucks, and utility trucks. This will greatly reduce the harmfu! impacts of tailpipe emissions and disruptive noise in California communities.
. Savings of $57.8 billion in statewide health benefits from criteria pollutant emrsstons
. Net cost savings of $22.2 billion to fleets
Can zero-emission trucks save fleets money?
Yes, zero-emission trucks have lower operating and maintenance costs than conventional trucks which can help offset the higher initial purchase price. Today, the total cost of ownership in California may be comparable to conventional trucks for certain duty cycles and applications (without factoring in State or federal incentives). \Mile zero-emission vehicles are expected to cost more up front today, reduced fuel costs, lower maintenance expenses, and Low Carbon Fuel Standard revenues are expected to deliver a net savings of $22.2 billion to fleets. As components and battery prices fall and technology continues to improve, total cost of ownership is expected to become more favorable.
Is there funding for purchasing zero-emission
trucks?
The 2021 and 2022 State budgets include a total investment of $10 billion over 6 years to reduce carbon dioxide emissions from the transportation sector by supporting ZEVs and ZEV infrastructure. This funding will be administered by CARB, the California Energy Commission, the California State Transportation Agency, and the Governor's Office of Economic and Business Development. This new funding builds on ZEV and ZEV infrastructure investments made by the State for more than a decade. These investments will focus on an equitable ZEV transition by continuing to find ways to support disproportionately impacted communities.
Severa! funding programs are available to support the use of advanced technologies, and because funding programs only pay for early adoption not for compliance, more funding opportunities exist for those fleets that act early. These programs are administered by State agencies, federal agencies, and local air https:/A,rnrr2.arb.ca.gov/resources/fact-sheets/advanced-clean-fleets-regulation-summary/printable/print 8t12 4112123,7:29 AM Advanced Clean Fleets Regulation Summary districts. For example, the Hybrid and Zero-Emission Truck and Bus Voucher lncentive Project (HVIP) provides point-of-sale rebates to help offset the purchase price of Class 2b through 8 battery electric and fuel cell electric trucks and buses.
Larger rebates are available for public fleets and small private fleets with vehicles located in disproportionately impacted communities. A list of all vehicles that are currently eligible for funding is available at Califomia HVIP.
The lnnovative Small e-Fleet Pilot Project is a $25 million set-aside within HVIP to pilot an incentive program geared toward helping small trucking fleets and independent owner operators access zero-emission trucks. This pilot project opened for voucher requests from eligible small fleets in August 2022. More information on this program is available at the Califomia HVIP smalle-fleefs webpage.
The Carl Moyer MemorialAir Quality Standards Attainment Program funds the replacement of old, high-polluting vehicles, engines, and equipment, with new technologies that are cleaner than required, or earlier than what is required by rules and regulations. Grant amounts are based on the cost-effectiveness of harmfu! pollutants that will be reduced by the project. This program may also fund the installation of charging and fueling infrastructure. More information on this program is available at the Carl Moyerwebpage.
The Truck Loan Assistance Program helps small-business fleet owners secure financing for upgrading their fleets with newer trucks. Small business truck owners with 100 or fewer employees, $10 million or less in annual revenue averaged over 3 years, and fleets with 10 or fewer heavy-duty vehicles subject to the ln-Use Truck and Bus Regulation are eligible to seek financing under this program. More information on this program is available at the Truck Loan Assisfance Program.
The Fiscal Year 2022-23 Funding Plan for Clean Transportation lncentives, which CARB is currently developing, includes a proposal to provide additional funding for zero-emission refusetrucks. Refuse trucks are present in all communities statewide, but their impacts are felt particularly strongly by disproportionately impacted communitiesthat are located near waste transfer stations andare burdened by multiple pollution sources. There are at least 12 battery electric refuse truck models availablefor incentives through HVIP. To learn more about the draft 2022-2023 Funding Plan, see the Funding P/an webpage.
https:/Am,r2.arb.ca.gov/resourceslfact-sheets/advanced-clean-fleets-regulation-summary/printable/print 9t12 4112123,7:29 AM Advanced Clean Fleets Regulation Summary ln addition to California's funding programs, the federal lnflation Reduction Act of 2022 provides complementary and substantial new funding for zero-emission trucks and related infrastructure. The federal lnfrastructure lnvestment and Jobs Act of 2021 provides $550 billion in new infrastructure investments, including for roads, bridges, public transit, water infrastructure, resilience, and broadband. For more information about CARB's or federal funding opportunities, visit CARB lncentive Programs, the U.S. Department of Energy's Alternative Fuels Data Cenfer, the federal lnflation Reduction Act's energy and infrastructure provisions. and the Federal HighwayAdministration uzebpage on implementation of the !nfrastructure lnvestment and Jobs Act.
Technical and financial assistance for infrastructure is also available through several programs. The California Public Utilities Commission has approved $690 million to support heavy-duty charging and hydrogen fueling infrastructure installation pursuant to Senafe Bill 350. The California Energy Commission is also working to accelerate medium- and heavy-duty vehicle infrastructure for both charging and hydrogen refueling, and will invest $2.4 billion from the current State budget in infrastructure that will serve !ight-, medium-, and heavy-duty infrastructure. The recently launched EnergllZE program provides energy infrastructure incentives for commercial vehicle fl eets.
How will this proposed regulation affect existing
trucks or equipment?
The proposed ACF regulation is phased-in over several decades and allows fleets to keep using their existing trucks at least until the earlier of 18 years or 800,000 miles.
This means affected fleets may keep their existing combustion-powered vehicles for their full useful life as defined in Senafe Bill 1 (Beall, Statutes 2017 , Chapter 5).
What is being done to increase charging and
hydrogen fueling infrastructure for ZEYs?
The proposed ACF regulation specifically focuses on the early transition to zeroemission trucks that typically return to base operations where fleets would install charging and/or hydrogen fueling stations for their own needs. The public sector, with the California Energy Commission in the lead, is planning for and investing in 10t12
4112123,7:29 AM Advanced Clean Fleets Regulation Summary the expansion of charging and hydrogen fueling infrastructure. Their draft ZeroEmission Vehicle lnfrastructure Plan and their Electric Vehicle Charging lnfrastructure Assessment provide more information about what the State is doing to help meet fleets' needs with respect to infrastructure. The California Energy Commission's /nfegrated Energy Policy Report is theState's blueprint for energy generation and supply, which is used by investor-owned utilities for their own infrastructure planning needs. In addition to State efforts, the private sectorincluding vehicle manufacturers-have made announcements regarding investments in installing publicly available charging and/or hydrogen fueling station networks, along both the east and west coasts of the U.S. and in Texas, and between several of California's largest metropolitan areas.
What are the next steps?
The proposed ACF regulation will move medium- and heavy-duty ZEVs into the mainstream by focusing on those fleets that are best able to be on the Ieading edge, and those of the greatest public health concern. The 2022 Sfafe Strategy for the Stafe lmplementation P/an describes efforts beyond ACF and the Advanced Clean Trucks regulation. This plan also describes the new authorities that would be needed for CARB to accelerate the full transition to zero-emission trucks in a way that minimizes administrative burden for fleet owners and CARB, and that creates market mechanisms to encourage those who have operations that are suitable for electrification to act early while allowing more time for those who can't.
Where can more information be found?
lnformation about the draft ACF Regulation and upcoming meetings, workshops, and events is available at the ACF website.lnformation about all medium- and heavy-duty zero-emission regulations, funding, and background can be found at ZEV TruckSfop.
lf you have questions or wish to obtain this document in an alternative format or language, call (916) 323-2927. For TW/TDD/Speech-to-Speech users, dial711 for the California Relay Service.
https:/
^
,y2.arb.ca.gov/resourceslfact-sheets/advanced-clean-fleets-regulation-summary/printable/print 1',U12 4112123.7:29 AM Advanced Clean Fleets Regulation Summary Source URL: hftps://ww2.arb.ca.gov/resources/fact-sheets/advanced-clean-fleetsregulation-summary https:/A,rnr2.arb.ca.gov/resourceslfacl-sheets/advanced-clean-lleets-regulation-summary/printable/print 12t12 1112123,2:05 PM OveMew of Amendments to the ln-Use Ofi-Road Diesel-Fueled Fleets Regulation
CALIFORNIA
AIR RESOURCES BOARD
Overview of Amendments to the In-Use Off-Road
Diesel-Fueled Fleets Regulation
DATE Oclober 5,2022
CONTACT
Email [email protected]
CATEGORIES
Topics Construction & Earthmoving Equipment, Lawn, Garden & Landscape Equipment Programs ln-Use Off-Road Diesel-Fueled Fleets Regulation Background
Off-road heavy-duty diesel-powered vehicles are a diverse group, ranging from smal! skid steer loaders used in residential landscaping to very large mining trucks, and include dozers, forklifts, cranes, and excavators. The California Air Resources Board (CARB) has regulated in-use off-road diese! vehicles since 2008 through the ln-Use Off-Road Diesel-Fueled Fleets Regulation (Off-Road Regulation). The Off-Road Regulation was subsequently amended twice in 2009, and again in 2010.
The Off-Road Regulation requires fleets to reduce their emissions by retiring older vehicles and replacing the retired vehicles with newer vehicles, repowering older engines, or installing verified diesel emission contro! strategies in older engines; and by restricting the addition of older vehicles to fleets.
Need for Amending the Regulation
As seen in the figure shown below, the importance of achieving further oxides of nitrogen (NOx) emissions reductions from the off-road sector, which includes off-road equipment subject to the Current Regulation and the Amendments, is only 118
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4112123,2:05 PM Overview of Amendments to the ln-Use Ofi-Road Diesel-Fueled Fleets Regulation getting more critical as the relative share of on-road NOx emissions continues to decline due to CARB's robust on-road regulatory and incentive policies. The arrow in Figure 1 displays the point at which the emissions from the combined off-road sector exceed those of on-road vehicles.
Figure 1. Statewide Emissions of NOx by Mobile Source Sector Off-road diesel vehicles also emit diesel particulate matter (PM) which has been identified as a toxic air contaminant by CARB and poses a significant public health risk, especially at the local level. Action is needed to reduce diesel PM at a statewide level to reduce the health risk throughout California, especially in communities that experience disproportionate burdens from exposure to toxic air contaminants.
Emission standards for new engines have become progressively cleaner and are divided into increasingly stringent levels (Tiers), starting with Tier 1. Although the population of older vehicles is relatively small - Tiers 0 (or uncontrolled), 1, and 2 only make up one third of the statewide fleet reported to CARB - this small population contributes 60 percent of the NOx and PM emissions in 2022. A single, older Tier 0 off-road engine has up to 80 times higher emissions per hour compared to a new Tier 4 Final engine. Figure 2 displays the zero-hour NOx emission factor for engines with a horsepower of 100-175.
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4112123,2:05 PM Overview of Amendments to the ln-Use Ofl-Road Diesel-Fueled Fleets Regulation Figure 2. Off-Road Emission Factors by Tier
Elements of the Amendments
. Phase out of the oldest and highest-emitting off-road engines from operation in California. The chart below outlines the year, on January 1 of that year, in which the tier phase-out requirements would begin for each fleet size:
Table 1. Tier and Model Year (MY) Phase-Out Dates by Fleet Size Year
(January 1)
Large Fleets Medium
Fleets
Small Fleets Ultra-Small
Fleets
2024
2026
Tier 0/MY
1994 or older
on-road
Tier 1/MY
1999 or older
on-road
Tier O/MY
1994 or older
on-road
Off-Road Engine Emission Factors (NOx)
TEr O TEr 1 TH 2 Tier 3 Trer 4i Trer 4f
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4112123,2:05 PM Overview of Amendments to the ln-Use Ofi-Road Diesel-Fueled Fleets Regulation Year
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Large Fleets Medium
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Small Fleets Ultra-Small
Fleets
2028
2030
2032
2036
Year
(January 1)
Tier 2/MY
2003 or older
on-road
Tier 1/MY
1999 or older
on-road
Tier O/MY
1994 or older
on-road
Tier 1/MY
1999 or older
on-road
Tier O/MY 1994
or older on-road
Tier 1/MY 1999
or older on-road
Tier 2/MY 2003
or older on-road
Tier 2/MY
2003 or older
on-road
Tier 2/MY
2003 or older
on-road
. Restrict the addition of vehicles with Tier 3 and 4i engines, which is an expansion of provisions of the Current Regulation that restrict the vehicle-engine Tier that can be added to a fleet:
Table 2. Compliance Dates for the Restrictions on Adding Vehicles 2024
Medium
Large Fleets FIeets
Ultra-Small
Smal! Fleets Fleets
Tier 3 Tier 3 Tier 3
Tier 4ilMY
2006 or older
on-road
Tier 3
Tier 4ilMY
2006 or older
on-road
418
4112123,2:05 PM Overview of Amendments to the ln-Use Off-Road Diesel-Fueled Fleets Regulation Year
(January 1)
Medium
Large Fleets Fleets
Ultra-Small
Small Fleets Fleets
2028 Tier 4ilMY
2006 or older
on-road
2035 Tier 4ilMY 2006
or older on-road
. Starting January 1,2024, require contracting entities to obtain and retain a fleet's valid Certificate of Reported Compliance prior to awarding a contract or hiring a fleet;
. Starting January 1, 2024, mandate the use of R99 or R100 Renewable Diesel for all fleets, with some limited exceptions;
. Provide voluntary compliance flexibility options for fleets that adopt zero-emission technology; and
. !nclude additional requirements to increase enforceability, provide clarity, and provide additional flexibility for permanent Iow-use vehicles.
Timing and Process
. TheAmendments, released in late September2022, were approved by the Board at the November 17,2022, Board hearing.
. The rulemaking documents can be found at
https ://ww2. a rb. ca. g ov/ru lem aki ng/2022/off- ro add ie se l. . Staff will prepare the final statement of reasons, which will respond to public comments received during the open public comment period. Staff will also circulate to the public 1S-day proposed changes as needed. . Staff anticipates submitting the rulemaking to California's Office of Administrative Law for its review and approval in 2023 and the Amendments are anticipated to take effect beginning January 1,2024. 5/8
4112123,2:05 PM OveMew of Amendments to the ln-Use Ofi-Road DieseFFueled Fleets Regulation Benefits of the Amendments
. The Amendments are estimated to reduce statewide emissions from off-road diesel-fueled vehicles by approximately 31,087 tons of NOx and 2,717 tons of PM beyond the reductions expected from the Current Regulation between 2024-2038.
. The following charts compare the estimated NOx and PM emissions under the Current Regulation and the Amendments and show the year-by-year estimated emissions reductions achieved via the Amendments.
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Figure 3. Statewide NOx Emissions from Off-Road DieselVehicles Under the Baseline and Amended Regulation lrom 2022 to 2038
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Figure 4. Statewide PM Emissions from Off-Road Diesel Vehicles Under the Baseline and Amended Regulation lrom 2022 to 2038.
. The Amendments are expected to provide additional emissions reductions and associated improvements to air quality that will help protect all communities and would benefit environmentaljustice communities located in areas with increased exposure to air pollution and toxics from in-use off-road diesel vehicles.
. Avoids an estimated 571 premature deaths, 82 hospital admissions for cardiovascular illnesses, 98 hospital admissions for respiratory illnesses, 277 emergency room visits, and provides an estimated $5.7 billion in benefits versus $1.9 billion in net costs.
Is Funding Available?
Funding programs are available that offer incentives for cleaner and advanced technology for in-use off-road diesel-fueled vehicles, as well as supporting electric charging or alternative fueling infrastructure. Note that many of these programs are 7t8
4112123,2:05 PM Overview of Amendments to the ln-Use Ofi-Road Diesel-Fueled Fleets Regulation competitive, and some fund a variety of projects other than off-road diesel equipment. For more information about additional funding opportunities, visit CARB lncentive Programs.
Source URL: https://ww2.arb.ca.gov/resources/fact-sheets/overuiew-amendmenfs-usero ad-d i e se l-f u e I e d -fle ets- re g u I atio n 8/8
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MAY 1,2023 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM JAY SCHLOSSER, DEVELOPMENT SERVICES DIRECTOR
DATE: APRTL 24,2023
SUBJECT: TENTATIVE TRACT MAP NO. 7440 _ PINON SOUTH CONDOMINIUMS PROJECT BACKGROUND:
On April t0,2023, the City of Tehachapi Planning Commission approved a resolution recommending that the City Council consider and approve Tentative Tract Map No. 7440. This action was predicated on the adoption of the Pinon South Condominium Project approval provided by the Planning Commission on April LL,2022.
This project seeks to construct a 19-unit condominium development on land located in the southwest corner of Pinon Street and Curry Street (APN 417-017-231. The 1.60-acre vacant lot is zoned R-2 which permits a development of this nature. As noted above, the Planning Commission considered this project in detail in April 2022 and determined that the project meets the requirements of the General Plan and Zoning Code and approved the project on this basis.
However, a tract map is required to conform with the Subdivision Map Act. The development was conditioned to provide this map as presented in this report.
Attached you will find copies of the proposed map, the Planning Commission's resolution recommending adoption, and a copy of the April Lt,2022 Staff Report to the Commission detailing the project in question.
FINDINGS:
Pursuant to Municipal Code section L7.L6.07O, several findings must be made to confirm approval of the proposed tentative map:
Code.
the community. ln this case, the City's General Plan, Zoning, and Housing Element have all studied and presented a town plan that considers our housing needs. This subdivision complies with that plan.
R
ts I
opportunities when laying out the proposed subdivision. This too is achieved in the City's General Plan and Zoning Code, which require these considerations during the architectural development of a given site.
RECOMMENDATION:
PURSUANT TO SECTION 17.16.060 OF THE TEHACHAPI MUNICIPAL CODE, ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI APPROVING TENTATIVE TRACT MAP NO. 7440
AND CONDITIONS OF APPROVAL AND FINDING THAT A NOTICE OF EXEMPTION SATISFIES THE
ENVIRONMENTAL QUALITY ACT
LAV II PINNACTE ConsLlt n8 & Lr8iaoer:ng Se.vrces
Pl.nnint . lndn..riry . SqruCyint . Proje.t M.n.!.m.nt
1 2114 tutedol. HW. Suire B, Eokcqlizld, @ 9t312
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TENTATIVE TRACT MAP NO. Z44o
FOR CONDOMINIUM PURPOSES
25$A6',
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CITY OF
TEHACHAPI
LEGAL OEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPI APPROVING TENTATIVE TRACT MAP NO. 7440 AND CONDITIONS OF
APPROVAT AND FINDING THAT A NOTICE OF EXEMPTION SATISFIES
THE ENVIRONMENTAT QUALITY ACT
WHEREAS, the Planning Commission of the City of Tehachapi held a public hearing on April LO,2023 on Tentative Tract Map No. 72140 attached hereto as Exhibit "A" ('TfM 7MO"l to construct a 19 unit condominium project known as Pinon South previously approved by the Planning Commission on April 11, 2022 subject to conditions of approval ("Conditions of Approval") attached hereto as Exhibit "8," Exhibits "A'and "8" are by this reference are made a part hereof; and WHEREAS, the Planning Commission has recommended approval of TTM 7MO; and WHEREAS, the Planning Commission considered a notice of exemption (the "Notice of Exemption") after consideration of a categorical exemption pursuant to the California Environmental Quality Act Guidelines Section L5332 which was posted with the Kern County Clerk's Office and is attached hereto as Exhibit "C" and staff has determined that no further environmental analysis is required; and
WHEREAS, pursuant to Tehachapi Municipal Code Section 17.L6.O7O, the City Council makes the following findings:
1. TTM 7440 is consistent with the City's General Plan; and
2. TfM744O complies with Government Code Sections 664L2.3 and 66473.1 as it relates to the housing needs of the City and considers passive and natural heating and cooling opportunities.
NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Tehachapi as follows:
1. That the foregoing findings and recitals are true and correct and incorporated herein.
2. That the City Council hereby approves TIM 744O and the Conditions of Approval.
3. That the Notice of Exemption complies with the Environmental Quality Act for this project and no further environmental analysis is required.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 1st day of May,2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
1 CITY OF
TEHACHAPI
LEGAL DEPARTMENT
MICHAEL DAVIES, Mayor of the City of
Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of
the City of Tehachapi, California
I hereby certifo that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on May L,2023.
TORI MARSH, CMC, City Clerk of
the City of Tehachapi, California
2 CITY OF
TEHACHAPI
LEGAL DEPARTMENT
EXHIBIT "A'
[Tentative Tract Map No 74401
3 LAV/I PINNACLT
ConsulL rg & I lginecfrng Servtces
Planning . Entinaarint . Survevio!. Prljeat Manatement
Q478 ao*ddE Buq., Seite 8, Eob.gdd, a 91112
Phoa.: 16611 869-a1A // [email protected]
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TEHACHAPI
LEGAL DEPARTMENT
EXHIBIT "B''
[Conditions of Approval]
Statutorv Conditions of Approval
1. The project approval is conditional and shall be valid for a period of two (2) years from the date of the Planning Commission or Director approval unless substantial progress in the implementation phase of the project has been achieved. "Substantial progress" is determined at the sole discretion of Development Services Director.
2. All contractors and/or subcontractors shall be required to procure a business license prior to commencement of any work on the subject development.
3. Permits and approvals must be obtained from other governmental agencies (i.e.
Kern County Environmental Health, Kern County Fire Department, Caltrans, etc.) for this project. lt is the responsibility of the applicant to seek and receive said permits/approvals prior to the start of business. The City reserves the right to withhold its approval of this project if the applicant fails to receive necessary and related approvals from other agencies.
4. The Applicant shall submit complete building plans prepared in accordance with the California Building Code by a licensed professional for review and approval by the City Building Department (including mechanical, plumbing, and electrical plans) and Kern County Fire Department prior to permit issuance.
5. The Developer shall comply with any and all requirements set forth by any applicable Local, State or Federal law or regulation. Agencies with interest in this project may include, but are not limited to, the East Kern Air Pollution Control District, Kern County Public Works, Kern County Fire, Kern County Environmental Health, US Postal Service, Federal Aviation Administration, and the Tehachapi Unified School District.
6. The Developer/Applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City'') from any and all claims, actions, demands, and liabilities arising or alleged to arise as the results of the applicant's performance or failure to perform under this Architectural Design & Site Plan Review or the City's approval thereof, or from any proceeding against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or any agency or instrumentality therefor, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning this Architectural Design & Site Plan Review.
7. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected to the satisfaction of the City Engineer.
8. Prior to the issuance of a building, grading, or encroachment permit, the 4 CITY OF
TEHACHAPI
LEGAL DEPARTMENT
Developer shall pay all applicable connection / mitigation fees in place at such time. These fees include, but are not limited to, water/sewer connection fees, traffic impact fees, public safety fees, school fees, and park fees.
Design Conditions of Approval
9. The City Engineer shall approve the plans for water and sewer service (potable, irrigation and fire protection)
10. All above-ground utilities within the boundary of the project (including % width of all adjacent public roads) shall be placed underground at the Developer's expense.
11. Roof or ground mounted mechanical equipment shall be screened from public view. This equipment includes air conditioning, heating, ventilation ducts and exhaust vents, refuse storage areas, and utility services, electrical transformers, gas meters, etc.
12. All vehicle parking and maneuvering areas shall be surfaced with a minimum of two-inches of A.C. paving and 4" base or material of higher quality as may be required by the City Engineer.
13. Standard vehicle parking spaces shall be LO' X 20' or larger in size and shall be designated by white painted stripes. A maximum of 20% of the required parking spaces may be designated compact space and shall be 8' X 18' or larger in size.
Applicant will provide the required number of accessible parking stalls, per the Americans with Disabilities Act, to be evenly distributed throughout the project and identified through signage and painted stencil. Applicant will provide the required number of clean air vehicle parking stalls, per the California Building Code, to be evenly distributed throughout the project and identified through signage and painted stencil.
14. Non-reflective paint and construction material shall be used for the project.
15. The City will provide and support up to two water meters for each parcel: one meter for potable service and one meter for landscaping service. Water meters and appropriate appurtenances shall be installed in accordance with applicable City standards.
16. A wall mounted internally illuminated address is required on each building to assist public safety providers.
17. On-site fire hydrant spacing and location shall be approved by the Fire Department.
18. Any exterior wall and/or fencing is required to be approved by the Development Services Director prior to installation. Additionally, front and street side fencing shall be wrought iron with decorative pilasters at a height not to exceed four feet.
Ma poine/Propertv
19. The project shall apply for and obtain approval for a tentative tract map(s) and 5 CITY OF
TEHACHAPI
LEGAL DEPARTMENT
final maps(s) that comply with the State of California Subdivision Map Act and all applicable requirements of the Tehachapi Municipal Code.
20. A final map shall be prepared by a licensed land surveyor subject to all requirements of the California Subdivision Map Act and the Department of Real Estate.
21. Prior to the recordation of the final map all delinquent property taxes shall be paid to the Kern County Tax Collectors Office.
22. Any easements or rights-of-way in conflict with the proposed development as determined by the City Engineer shall be quitclaimed or abandoned prior to recordation of the final map.
23. All poles and obstructions shall be relocated and/or removed from street rightof-way. This shall include, but is not limited to, Quitclaim or subordination of rights to the City by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of the road right-of-way. Where major facilities exist, a common use agreement may be allowed when determined necessary by the City Engineer.
24. An Engineer's cost estimate of improvements shall be submitted to the City Engineer for approval.
25. The following certificates shall be on the final map:
a. Owner's Certificate
b. City Clerk's Certificate
c. Engineer's or Surveyor's Certificate
d. Development Directo/s Certificate
e. City Engineer's Certificate
f . Recorder's Certificates
26. The developer shall provide the City Engineer with a Subdivision Guarantee and Title Report Covering subject property.
27. lmprovement plans (streets, sewer, water and grading) shall be prepared, stamped and signed by the registered Civil Engineer and shall be submitted to and approved by the City prior to recording.
28. The subdivider or successors in interest shall cooperate in the creation of a Community Facilities District to provide funding for the maintenance of the streetlights, public right-of-way paving and concrete, and community policing.
The district shall have the authority to assess each parcel within the Tract for the full amount of the maintenance cost for the items noted above and an increase in these assessments shall be authorized no less than annually by reference to the Consumer Price lndex or such other reasonable formula approved by the City. The full cost of the creation of the district shall be borne by the developer including, but not limited to, all legal fees and engineering fees.
29. The Developer shall submit a Final Parcel Map, in substantial conformance with the approved tentative map, for review and approval by the Planning and Engineering Departments of the City. The map submittal shall include the 6 ctwoF
TEHACHAPI
LEGAL DEPARTMENT
requisite copies, active title report, closure calculations and any other such documentation as needed for the City to approve the map for recordation. Once approved by the Tehachapi City Council, the applicant shall record the document and return a certified copy of the recorded map to the City. - lf the applicant wishes to process the map prior to the issuance of a Certificate of Occupancy, the applicant shall enter into an lmprovement Agreement with the City of Tehachapi and post such bonds (or security) as required by City Standard for the duration of construction. - Otherwise, the applicant must wait to process the Final Map until after the project is ready for a Certificate of Occupancy but before said Certificate is granted.
30. The Developer shall affect the creation of a Homeowner's Association (HOA) for this project. The HOA shall have the following responsibilities:
a. The HOA shall permanently maintain and operate all landscaping within the public rights-of-way including medians within the boundaries of the property.
b. The HOA shall permanently maintain community amenities. c. The HOA shall permanently maintain all trash facilities in service to the project amenities.
d. The HOA shall maintain all project signage other than standard traffic signs located within public right-of-way (alleys excluded) as contained in the California Manual of Uniform Traffic Control Devices (CAMUTCD). e. The HOA shall actively maintain properly trained and insured personnel to maintain all public space landscaping.
The developer shall be responsible for maintenance and upkeep of all landscaped areas and irrigation systems until such time as those operations are the responsibility of the HOA.
31. The Developer shall submit the following documents and fees to the Development Services Department for review, which documents shall be subject to the approval of said department, City Engineer and the City Attorney:
a. A signed and notarized Declaration of Covenants, Conditions and Restrictions;
b. A sample document conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions, and restrictions is incorporated therein by reference.
32. The Declaration of Covenants, Conditions and Restrictions submitted for review shall:
a. Provide for a minimum term of 50 years;
b. Provide for the establishment of a Homeowners' Association comprised of the owners of each individual lot or unit as tenants in common; c. Provide for the ownership of the common area by either the Homeowners' Association or the owners of each individual lot or unit as tenants in common; and,
d. Contain the following provisions verbatim:
i. Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply:
L. The Homeowners' Association established herein shall manage and continually maintain the common areas,
building elevations and roofs and on-site sewer and
water facilities and shall not sell or transfer the common areas or any part thereof, absent the prior written
7 crrY oF
TEHACHAPI
LEGAL DEPARTMENT
consent of the City Development Director or successorin- interest.
2. The Homeowners' Association shall have the right to
assess the owners of each individual lot or unit for the reasonable cost of maintaining the common area and
shall have the right to lien the property of any such
owner who defaults in the payment of a maintenance
assessment. An assessment lien, once created, shall be
prior to all other liens recorded subsequent to the
notice of assessment or other document creating the
assessment lien.
3. This Declaration shall not be terminated, substantially amended or property de-annexed therefrom absent the
prior written consent of the City Development Director
or successor in interest. A proposed amendment shall
be considered substantial if it affects the extent, usage or maintenance of the common area. ln the event of
any conflict between this Declaration and the Articles of lncorporation, the Bylaws or the Homeowners'
Association Rules and Regulation, if any, this Declaration shallcontrol."
Prior to Building Permit lssuance
33. A separate cover set of civil engineering plans (grading, drainage, surface improvements, and utility layout) shall be provided, in accordance with the City of Tehachapi Subdivision and Development Standards, for all applicable on-site and off-site information, for review and approval by the office of the City Engineer. These plans shall be provided concurrent with the Building Plan submittal such that all requisite permits shall be issued at one time.
34. The City Engineer and Public Works Director shall approve the plans for water service (potable, irrigation and fire protection).
35. The Developer's engineer shall prepare a complete signage and striping plan for all improved roadways. Any removal of existing striping shall be at the expense of the developer as needed to construct improvements shown on the final plan.
36. The Applicant shall improve the public right-of-way in accordance with City standards along the project frontage (Pinon Street and Curry Street). lmprovements shall include, but not be limited to, pavement widening, sidewalks, fire hydrants, streetlights, and drive approaches.
37. The Developer shall submit a Final Landscaping and lrrigation Plan, prepared in compliance with State regulation prepared by the properly licensed professional for review and approval by the City Development Department prior to issuance of a related Building Permit. These plans will be accompanied by a separate landscape review application. Application fees in place at such time shall apply and must be paid at the time of submittal. The plan must comply with City Standards in addition to the State Water Conservation in Landscaping Act AB 1881. Trees shall be a minimum of 24" box or 15 gallons in size, shrubs shall be a minimum of 5 gallons on size, and groundcovers shall be a minimum of l gallon 8 CITY OF
TEHACHAPI
LEGAL OEPARIIUENT
in size at time of planting.
38. Kern County Fire Department and the City Engineer shall approve fire protection facilities and all Fire Department requirements prior to the issuance of building permits. The Applicant is required to make a separate submittal to the Kern County Fire Department as part of Building Permit application. The City of Tehachapi does not provide this service. The address for the Kern County Fire Department is 5542 Victor Street, Bakersfield, CA 93308.
39. The Applicant shall submit final colors and material specifications to the Planning Department for review and approval.
40. All security lighting shall be reviewed and approved by the Development Services Department and shielded in such a manner as to preclude the effects of light and glare onto adjacent properties utilizing dark sky technology per the illuminating Engineering Society of North America (IESONA). The Applicant shall submit a photo-metrics analysis confirming compliance prior to permit issuance.
Construction Phase
41. The Developer shall reimburse the City for all expenses associated with plan review, approval, and construction observation in accordance with the City's adopted fee schedule in place at the time the work is performed.
42. The Developer shall obtain and provide all necessary dedications for public rightof-ways and necessary permissions to perform work on any private properties in order to improve the project in accordance with the City standards.
43. The Developer will be required to provide a detailed detour and traffic control plan, for all construction within existing rights-of-way, to the satisfaction of the City Engineer. This plan shall be approved prior to the issuance of an Encroachment Permit for construction within any public right-of-way.
44. lf new streetlights prove necessary (as required by the City Engineer), a sitespecific street light plan may be required, sufficient for the Southern California Edison Company. Said plan shall be provided to the City along with requisite application information allowing Applicant submittalto the power company.
45. Gas, electric, telephone and cable TV. service shall be determined by the subdivider in consultation with the public utilities.
45. The Developer shall obtain and maintain an active National Pollutant Discharge Elimination System (NPDES) permit for the duration of the project. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The developer shall be responsible for maintaining all erosion control facilities throughout the project.
47.The project site shall be watered during grading or the use of soil binders to prevent fugitive dust.
48. The Applicant shall comply with the East Kern Air Pollution Control District construction requirements.
I
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
10 49. Grading shall be halted when winds reach 20mph or greater in a two (2) or more hour time period.
50. All existing wells shall be abandoned and capped, and all existing septic tanks shall be pumped and abandoned, per the Kern County Environmental Health Department req uirements.
Prior to Final lnspection
51. All public improvements including those conditioned and those agreed upon are required to be constructed and accepted prior to building final inspection.
53. A qualified landscape contractor shall be retained by the property owner for the ongoing maintenance and upkeep of all common area landscaping. Landscaping shall be in viable growth condition at all times. The contractor shall be required to procure a business license prior to the commencement of any work.
54. The property owner shall submit the name and contact information for the landscape contractor responsible for ongoing maintenance of common area landscaping to the Planning Department at [email protected]. lt is the property owne/s responsibility to ensure that the information on file with the Planning Department is current at all times.
55. A backflow certification is required prior to occupancy
52. A landscape and irrigation plan prepared by a landscape architect shall be approved by the City. The plan must comply with City Standards in addition to the State Water Conservation in Landscaping Act AB 1881. Trees shall be a minimum of 24" box or 15 gallons in size, shrubs shall be a minimum of 5 gallons on size, and groundcovers shall be a minimum of 1 gallon in size at time of planting. All landscaping shall be installed and shall be in a viable growth condition and in substantialconformance with the approved landscape plan.
CITY OF
TEHACHAPI
LEGAL OEPARTMENT
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EXHIBIT "C"
[Notice of Exemption]
Notlce ol Exemption Appondlr E
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