HOA Lawyer Blog
The California Air Resources Board (“ARB”) passed a regulation (“Regulation”) that requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. The Regulation has a direct impact on HOAs and requires them to take steps to verify that certain vehicles they hire are properly certified with the State. The Regulation requires lighter and older heavier trucks to be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent.
The Regulation requires that any party (including HOAs, board members, and managing agents) that hires or directs the operation of any vehicle subject to the Regulation, must verify that each hired company is either in compliance with the regulation or has reported compliance to the ARB. The Regulation does not apply where the party does not hire or direct the operation of any vehicle subject to the Regulation. The types of vehicles that an HOA or its managing agent may encounter include but are not limited to the following: street sweepers, dump trucks, pumper trucks, crane trucks, charter buses, lift trucks, concrete pump trucks, and tow trucks.
The Regulation Requires the Hiring Party to Maintain Proper Documentation Showing that the Hired Vehicles/Fleet are in Compliance
Vehicle/Fleet owners can report their compliance to the ARB wherein they will be provided a certificate of compliance or they have the option to follow the “engine model year schedule” and can print a certificate that demonstrates they are compliant. Vehicle/Fleet owners must obtain copies of their certificate of compliance annually and ARB posts the names and motor carrier numbers of the fleets that have reported compliance at the following link: https://arb.ca.gov/msprog/onrdiesel/tblookup.php. It is the responsibility of the HOA to obtain a copy of this certificate of compliance before any Vehicle/Fleet is hired. Failure to maintain a copy of the certificate can result in the HOA being fined $1,000.00 per Vehicle or as much as $10,000.00 per Fleet for each day the violation occurs.
Where Vehicle/Fleet owners utilize the “engine model year schedule”, they should be required to provide a written statement to the HOA that verifies that they are aware of the Regulation and engine model year and PM filter information about their trucks to demonstrate compliance with the engine model year schedules.
Vehicle/Fleet owners that report to the ARB have until January 31 of each compliance year to update their information. However, HOAs should obtain a written statement from the Vehicle/Fleet owner that verifies that their fleet is in compliance with the Regulation during the month of January in lieu of a certificate.
Additional information regarding ARB’s Regulation can be found at www.arb.ca.gov/dieseltruck.
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Vehicle/Fleet owners that report to the ARB have until January 31 of each compliance year to update their information. However, HOAs should obtain a written statement from the Vehicle/Fleet owner that verifies that their fleet is in compliance with the Regulation during the month of January in lieu of a certificate. |
Blog post authored by TLG attorney, Kyle B. Roybal.