The Advanced Clean Fleets (ACF) regulation approved by CARB in April 2023 is currently under review at the Office of Administrative Law (OAL). They have until July 27th to make their final determination regarding the regulation. OAL can either approve the rulemaking action and file the proposed regulation with the Secretary of State or disapprove the action.
CARB submitted several documents to OAL as part of the ACF rulemaking file. It contains a 385-page “Final Statement of Reasons” that includes summaries and responses to timely public comments submitted during the course of the rulemaking action.
CARB also requested that OAL grant an early effective date that coincides with its approval and filing of the regulation with the Secretary of State. CARB cited a variety of reasons related to desired emission reductions, public health relief and a need to accelerate zero-emission adoption.
Generally, regulations become effective on one of four quarterly dates based on the Secretary of State filing date, unless a different effective date is provided for in statute or other law, if the adopting agency requests a later effective date, or if the agency demonstrates good cause for an earlier effective date.
OAL reviews rulemakings proposed by state agencies to ensure compliance with the procedures and standards of California’s Administrative Procedure Act (APA). The APA requirements are designed to provide the public with a meaningful opportunity to participate in the adoption of regulations or rules that have the force of law by California state agencies and to ensure the creation of an adequate record for the OAL and judicial review.
Visit CRTA’s “Resources” page for updates on this action.