What is the Declared Emergency Response Exemption?

Any vehicle that is subject to the Advanced Clean Fleets (ACF) regulation and is dispatched by a local, state, federal, or other responsible emergency management agency or its contractors to support a declared emergency event is temporarily exempt from the requirements of the Advanced Clean Fleets regulation for the duration of the emergency event.  

What is a declared emergency event?

A declared emergency event means the time period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during any of the conditions or degrees of emergency described in California Government Code section 8558 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=8558). Other events that are not duly declared do not qualify.

What vehicles are subject to the ACF regulation?

The ACF regulation affects drayage trucks, government agencies and high priority fleets that operate medium- and heavy-duty on-road vehicles with a gross vehicle weight rating greater than 8,500 pounds, off-road yard tractors, and light-duty mail and package delivery vehicles. High priority fleets are federal agencies and entities that own, operate, or direct the operation of at least one vehicle in California, and that have either $50 million or more in gross annual revenue, or that own, operate, or direct the operation of a total of 50 or more vehicles. The regulation excludes authorized emergency vehicles as defined in California Vehicle Code (CVC) section 165 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=165) and some other vehicles. Please see other fact sheets for more details at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets/advanced-clean-fleets-fact-sheets (https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets/advanced-clean-fleets-fact-sheets).

What is emergency operation?

Emergency operation is the operation of an emergency support vehicle to help alleviate an immediate threat to public health or safety in response to a declared emergency event. Emergency operation includes emergency support vehicle travel to and from a declared emergency event when dispatched by a local, state, federal, or other responsible emergency management agency. Routine operation to prevent public health risks does not constitute emergency operation.

What is an emergency support vehicle?

“Emergency support vehicle” means a vehicle other than an authorized emergency vehicle as defined in California Vehicle Code section 165 that has been dispatched by a local, state, federal, or other responsible emergency management agency that is used to provide transport services or supplies in connection with an emergency operation.

What documentation do I need to show my vehicles were operated to support a declared emergency event?

Fleet owners operating vehicles using the declared emergency response exemption must keep copies of dispatch records and contracts verifying the vehicles were operated in supporting emergency operations. Fleet owners of backup vehicles used in support of a declared emergency event must keep and provide records that document vehicle mileage accrued in support of an emergency event.

How does the declared emergency response exemption affect compliance with the ACF regulation?

Fleet owners may exclude vehicles that are performing emergency operations from the Model Year Schedule and Zero-emission Vehicle Milestones Option requirements during a declared emergency event. Any vehicles reported in the Truck Regulation Upload, Compliance and Reporting System (TRUCRS (https://ssl.arb.ca.gov/trucrs_reporting/login.php?utm_medium=email&utm_source=govdelivery)) as backup vehicles may exclude mileage travelled under contract while performing emergency operations in support of a declared emergency event, but must report mileage operated in support of a declared emergency if the total vehicle mileage exceeds 1,000 miles in a calendar year due to mileage accrued while supporting a declared emergency event.

What must I do if I need to use vehicles that are already part of my California fleet to support a declared emergency?

If the California fleet is already in compliance with the ACF regulation, then there is no need to use the declared emergency response exemption unless the vehicle used to support the declared emergency event was designated as a backup vehicle. Please see the FAQ on the Backup Vehicle Exemption (https://ww2.arb.ca.gov/resources/fact-sheets/advanced-clean-fleets-regulation-backup-vehicle-exemption).

Do I need to report my vehicle in TRUCRS before bringing it into California to support a declared emergency event?

No. If your vehicle is dispatched by a local, state, federal, or other responsible emergency management agency or its contractors to support a declared emergency event, the vehicle is temporarily exempt from the requirements of the regulation for the duration of the emergency event. It does not need to be reported in TRUCRS as part of the California fleet if it is used solely to support the declared emergency event. No action is required if the vehicle is already reported as part of the California fleet and the fleet is in compliance.

Do I need to use the Declared Emergency Response Exemption for vehicles purchased using the Mutual Aid Exemption?

No. Internal combustion engines vehicles that were purchased using the Mutual Aid Exemption can be used by the fleet owner as needed whether supporting an emergency event or not.

This document is provided to assist regulated entities in complying with the Advanced Clean Fleets regulation. In the event any discrepancy exists between this document and the Advanced Clean Fleets regulation, the regulatory text of the Advanced Clean Fleets regulation applies.