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CARB officials tell Senate subcommittee federal waiver uncertainty complicates implementation of Advanced Clean Fleets and zero‑emission forklift rules

3172294 · May 1, 2025
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Summary

CARB staff said withdrawal of waiver requests and federal policy uncertainty have forced scope changes to Advanced Clean Fleets and related rules; agency requested staffing to maintain state and local government provisions and to provide voluntary compliance support while some provisions cannot be enforced without federal authorization.

California Air Resources Board staff told the Senate Budget Subcommittee No. 2 that uncertainty at the federal level has complicated implementation of several heavy‑duty and off‑road regulations, including the Advanced Clean Fleets (ACF) regulation and a zero‑emission forklift rule.

Courtney Smith (CARB principal deputy) and Kim Rogalski (mobile source regulatory development branch chief) said the board withdrew waiver requests to preserve options after learning the U.S. Environmental Protection Agency might not grant California’s pending waivers. Smith said CARB also has not sought EPA authorization for the zero‑emission forklift rule and is encouraging voluntary compliance in the interim. As a result, CARB is repealing high‑priority and drayage fleet portions of the Advanced Clean Fleets rule but will continue to implement state and local government portions of the regulation.

CARB described ongoing industry engagement—citing a 2023 Clean Truck Partnership with manufacturers representing about 90% of the California market—and said it plans amendments this summer to provide additional flexibilities. The agency asked the Legislature to fund positions it said were needed to implement the state and local government components of ACF and to support voluntary transitions and outreach. The Legislative Analyst’s Office flagged uncertainty about funding permanent positions now while some provisions cannot be enforced absent federal authorizations and recommended the Legislature consider limited‑term options or seek more information before approving permanent staff.

Committee members raised concerns from agricultural and farm operators about forklift rules, noting some fleets rely on propane forklifts and could face hardship from an immediate transition. CARB staff said the agency has built exemptions and extensions into the rule for agriculture fleets and that, absent a federal waiver, enforcement against private fleets is not expected in the near term—giving staff and stakeholders time to work on voluntary approaches and potential amendments.

Senators also discussed the role of incentives (for fleets and trucks) in accelerating adoption and the need to coordinate with local air districts on implementation priorities. CARB said the recent wildfires and federal trade policy have added to uncertainty for manufacturers and fleet operators and that the agency will adjust rules and timing as more information becomes available.