CARB Retracts ACF Guidance to Small Fleets and Those that Hire Them

As a result of the Western States Trucking Association (WSTA) litigation in the Superior Court of California challenging CARB’s Advanced Clean Fleets (ACF) regulation, we have reached a partial settlement on how the ACF applies to small fleets and the entities that hire them.

Last November, CARB staff posted a Frequently Asked Questions (FAQ) document regarding “Common Ownership and Control.” In it were statements that appeared to broaden the definition of “Common Ownership and Control” so as to make more independent trucking fleets subject to the ACF zero-emissions truck purchase mandate. WSTA objected to the FAQ as “underground regulation” that expanded the ACF regulation’s applicability in a manner inconsistent with the adopted regulatory text.

A a result of WSTA’s litigation efforts, CARB has retracted the November 2023 FAQ “to avoid any confusion it may have caused.” CARB has instead posted a “Retraction of Fact Sheet” on October 16, 2024. WSTA considers this a partial victory in our efforts to reduce zero-emissions truck mandates for both our members and non-members until the truck technology works, infrastructure is built out and accessible and the total cost of ownership is on par with today’s fleet operations.

We will have an additional news release in coming weeks regarding our state litigation and our legal challenge will continue on all remaining unresolved claims.