November 24, 2020

Volume X, Number 329

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November 23, 2020

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California Flips Switch Toward Electric Trucks

On June 26, 2020, the California Air Resources Board (CARB) adopted the Advanced Clean Truck rule, a first-of-its-kind regulation requiring medium and heavy duty truck and van manufacturers to transition to producing zero-emission electric trucks. Beginning in 2024, CARB will require manufacturers’ new truck sales in California to be comprised of a certain percentage of zero-emission vehicles (ZEVs). For example, 9% of new class 7 and class 8 trucks (the largest classes of trucks) in model year 2024 must be zero-emission and that percentage must increase to 75% by 2035. For vehicles in the tractor group, 5% of sales must be zero-emission in 2024, reaching 40% by 2035. CARB further announced that by model year 2045 every new truck sold in California must be a ZEV.

Manufacturers may begin generating “credits” for the sale of zero-emission trucks beginning with model year 2021 and those credits may be saved and applied toward future years’ sales requirements. These credits may also be traded or sold to other manufacturers for their use. However, all such credits expire by model year 2031. Manufacturers are required to report annually to CARB both their zero-emission truck sales data and any information regarding credit transfers, beginning with model year 2021. CARB further has the right to audit manufacturers’ records and a civil penalty may be levied for failure to comply with the rule’s requirements.

According to the final environmental document released on June 23, 2020, CARB is taking this action to help the state meet its greenhouse gas emission reduction targets and to improve air quality.

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 188
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About this Author

David H. McCray Project & Infrastructure Development Attorney Beveridge & Diamond San Francisco, CA
Of Counsel

David's practice focuses on major project and infrastructure development, including environmental reviews, permitting and approvals from a wide range of federal and state natural resources agencies, and litigation of project decisions and policies.

He counsels clients on regulatory matters and litigation involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), climate change, water, wetlands, project mitigation, land use, air, and mobile source air toxics and related health impacts. He also works on cutting-edge technological advances...

415-262-4025
Jacob P. Duginski Environmental Attorney Beveridge & Diamond San Francisco, CA
Associate

Jake maintains a diverse regulatory and litigation practice providing client-centered, solution-driven advice.

He litigates before California’s trial and appellate courts, advises on regulatory compliance with a focus on California-specific issues, and represents clients in various administrative enforcement settings. His practice philosophy is to provide sound, timely, actionable advice with sensitivity to each individual client’s business needs. 

Clean Air, Climate Change, and CEQA

Clients who operate in California routinely find themselves with...

415-262-4018
Andrew A. Eberle Environmental Regulatory and Litigation Attorney Beveridge & Diamond Law Firm, Oregon
Associate

Andrew is not admitted to practice in California. He is admitted to practice only in Oregon.

Andrew maintains a diverse environmental regulatory and litigation practice, with a focus on product lifecycle, hazardous materials, and land use issues.

Prior to joining B&D, Andrew clerked in the U.S. District Court for the District of New Jersey for the Honorable Jerome B. Simandle, U.S.D.J., and the Honorable Ann Marie Donio, U.S.M.J. Earlier, he worked as a Law Clerk in the Environment &...

415.262.4052
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