Commission staff propose two‑phase programming, procurement guidance and workforce rules for zero‑emission freight infrastructure

At the Transportation Commission workshop, Beverly Newman Burkhard, manager of the Trade Corridor Enhancement Program, introduced draft guideline language designed to ease delivery of zero‑emission freight infrastructure by allowing projects to be programmed with two construction phases: a procurement phase and a construction implementation phase.

"To account for long lead times associated with procuring specialized 0 emission vehicle equipment, 0 emission freight infrastructure projects may be programmed with 2 construction phases, a construction procurement phase and a construction implementation phase," Burkhard said, and staff said applicants would have to provide a brief justification for the approach, including expected equipment lead times and an explanation of why separating the phases is necessary to support timely delivery and reduce implementation risk.

What staff proposed: the procurement phase would enable an implementing agency to receive an allocation and start a separate time clock for equipment procurement (so agencies need not tap the implementation clock while waiting for long‑lead equipment). Staff said each phase would have its own allocation and its own timely‑use‑of‑funds requirements; if procurement delays cascade into construction, agencies would need to request time extensions for the affected phase.

Stakeholder concerns and staff responses: Louis (self‑identified as "Louis of CTA") asked whether two‑step procurement processes (an RFI or pre‑qualification followed by an RFP) could extend project timelines past the six‑month window for certain permitting or allocation milestones. Burkhard acknowledged the concern, offered follow‑up by email, and said staff could consider adding clarifying language or rely on agencies to request time extensions in specific cases. Jennifer Freenas (MetroLink) asked whether an agency could request implementation allocation before procurement was fully completed; Burkhard and Deputy Director Matthew Yoscott said they could not see a reason to require procurement to be fully finished before requesting implementation allocation and that implementers should be entrusted to decide timing. Staff offered to add clarifying language.

Workforce and contractor requirements: the guidelines reiterate that prime contractors must hold an A, B, or C‑10 license for ZEV infrastructure installation; prime contractors and subcontractors must participate in state‑approved apprenticeship programs that demonstrate graduating individuals from disadvantaged or low‑income communities; contractors must not have willful labor‑law violations; and applicants are encouraged to use contractors with EVITP (Electric Vehicle Infrastructure Training Program) certification when electrical work is required.

Permitting and public access: staff proposed adding a reference to streamlined local permitting for ZEV freight infrastructure under Assembly Bill 1236 and Assembly Bill 970 and noted that some permits issued through that process may be ministerial and exempt from CEQA review. Staff said applicants pursuing streamlined permitting must demonstrate that local permitting approvals are secured within six months of program adoption and that staff will work with Caltrans to develop TCEP‑specific guidance (for example, a template letter Caltrans would accept as proof of permitting coordination).

Other clarifications: staff repeated that purchase of fully automated cargo handling equipment for port freight projects is not eligible for funding, while human‑operated zero‑emission or near‑zero equipment remains eligible as part of a larger project.

Next steps: staff will post updated draft guidelines by June 12 and continue to collect stakeholder feedback; staff plan to add clarifying language on phased allocations and procurement timing based on follow‑up conversations with implementers.