California Air Resources Board

Reference # 2023-26
Request: Approval to allow an extension to the project completion phase of the contract term due to unforeseen pandemic related manufacturer delays and supply chain issues (Project Number 22329).
Air District:  South Coast Air Quality Management District (SCAQMD or District).
Guidelines Section(s): 2017 Carl Moyer Guidelines, Chapter 3, Section V.5.(B)
CARB Action: Approved.

Determination: This project consists of replacing a 2000 Tier 1 crawler tractor with a 2023 Tier 4 crawler tractor. The original grant contract was executed on July 18, 2022. Chapter 3 of the Carl Moyer Program Guidelines states that projects must follow the Project implementation time frames. The California Air Resources Board (CARB) approves the District’s request to allow a brief extension to the four-year Project Completion and Project Implementation phase, with a new deadline date of October 31, 2028.

The original project life of 5-years was kept, and this extension was allowed due to unforeseen and unavoidable manufacturer related slowdowns which have delayed equipment delivery for this small fleet. The delay will not adversely impact achievement of real, surplus, quantifiable, enforceable, permanent, and cost-effective emission reductions for this project.

Please note that this approval does not constitute a comprehensive review of the project, nor does it imply or equate to “blanket approval” of other similar projects. In addition, the District is responsible for ensuring that the projects conform to all applicable guidelines and statutes, including all co-funded guidelines and statutes (if applicable), and co-funding limitations (if applicable). Please include this case-by-case reference number in the comment field for the project in the Clean Air Reporting Log also known as CARL database.

Determination Date: December 13, 2023
Contact:  Mirian Sandoval, (279)208-7374

Reference # 2023-08
Request: Approval to allow an extension to the completion phase of a project’s contract term beyond four years. (Project Number 20SBP23).
Air District: Bay Area Air Quality Management District (BAAQMD or District).
Guidelines Section(s): Community Air Protection Incentives 2019 Guidelines, Chapter 3, Section Q.5.(A).
CARB Action: Approved.

Determination: This project is for the Sonoma Valley Unified School District (SVUSD) to replace two school buses equipped with 1996 and 1999 model year diesel engines with battery-electric replacements, as well as to install electric charging infrastructure. The District originally executed the grant contract with SVUSD on June 20, 2019, and amended the contract on March 10, 2020. The District post-inspected the delivered school buses on April 19, 2019, and post-inspected the installed charging infrastructure on May 5, 2022. However, because of staffing changes at SVUSD, the school district misplaced documentation required to process final payment for the project (i.e., proof of payment and invoices). As of March 16, 2023, SVUSD successfully recovered the payment documentation for the new school buses but is still working on providing the documentation for the charging infrastructure. Considering this delay, the District expects project completion to occur in Summer of 2023.

Chapter 3, Section Q.5.(A) of the Community Air Protection Incentives 2019 Guidelines requires that contracts be liquidated in accordance with liquidation deadlines established by the Legislature, but the District requests an extension of the project completion date beyond the 4-year contract term deadline of June 20, 2023, out to October 12, 2023. This extension will allow sufficient time for SVUSD to provide the payment documentation for the charging infrastructure, for the District to reimburse the grant amount, and for complete liquidation of funds.

CARB is allowing this extension in acknowledgement of the unforeseen and unavoidable pandemic related disruptions to SVUSD’s normal operations. The delay in project completion will not adversely impact achievement of real, surplus, quantifiable, enforceable, permanent, and cost effective emission reductions for this project.

Please note that this approval does not constitute a comprehensive review of the project, nor does it imply or equate to “blanket approval” of other similar projects. In addition, the District is responsible for ensuring that the projects conform to all applicable guidelines and statutes, including all co-funded guidelines and statutes (if applicable), and co-funding limitations (if applicable). Please include this case-by-case reference number in the comment field for the project in the Clean Air Reporting Log also known as CARL database.

Determination Date: May 8, 2023
Contact: Kyle Goff (279) 208-7811

Reference # 2023-02
Request: Approval to allow an extension to the project completion phase of the contract term due to unforeseen pandemic related supply chain issues (Project Number 21MOY149).
Air District: Bay Area Air Quality Management District (BAAQMD or District).
Guidelines Section(s): Community Air Protection Incentives 2019 Guidelines, Chapter 3, Section Q.5.(A), Chapter 4 (Updated: 04/07/2022) Section C.2.(G)(1), Chapter 10, Section I.
CARB Action: Approved.

Determination: BAAQMD requests approval for a case-by-case allowance to grant Community Air Protection incentives to the Alameda-Contra Costa Transit District (AC Transit District) to replace 40 transit buses with zero-emission replacements and to install associated charging infrastructure at two locations. This project will directly benefit multiple disadvantaged and low-income communities.

BAAQMD executed a grant contract with the AC Transit District on June 23, 2020, but pandemic-related supply chain issues, compounded with a request from the local energy provider to conduct an energy load study, have considerably delayed delivery of key equipment. Chapter 3, Section Q.5.(A) of the Community Air Protection Incentives 2019 Guidelines requires that contracts be liquidated in accordance with liquidation deadlines established by the Legislature, but due to the delays, BAAQMD requests an extension of the project completion date beyond the 4-year contract term to April 9, 2026. Extension of the contract term will allow sufficient time for delivery of key equipment to the AC Transit District and for BAAQMD staff to complete all vehicle and dismantling inspections, ensure reimbursement of grants to the applicant, and to fully liquidate the project. Extending the contract term will not adversely impact the permanent, surplus, quantifiable, and enforceable emission reductions this project will generate.

Please note that this approval does not constitute a comprehensive review of the project, nor does it imply or equate to “blanket approval” of other similar projects. In addition, the District is responsible for ensuring that the projects conform to all applicable guidelines and statutes, including all co-funded guidelines and statutes (if applicable), and co-funding limitations (if applicable). Please include this case-by-case reference number in the comment field for the project in the Clean Air Reporting Log also known as CARL database.

Determination Date: February 14, 2023
Contact: Kyle Goff (916) 324-1988

Reference # 2022-27
Request: Approval to allow an extension to the project completion phase of the contract term due to unforeseen pandemic related supply chain issues (Project Number 20MOY149).
Air District: Bay Area Air Quality Management District (BAAQMD or District).
Guidelines Section(s): 2017 Carl Moyer Guidelines, Chapter 3, Section V.5.(A).
CARB Action: Approved.

Determination: This project consists of replacing a 1959 uncontrolled passenger locomotive with a 2019 Tier 4 passenger locomotive. The original grant contract was executed on July 9, 2019. Chapter 3 of the Carl Moyer Program Guidelines state that projects must complete the Project Completion phase, the time frame between the date of contract execution and the date of project post-inspection, within four years (by July 9, 2023). The California Air Resources Board (CARB) approves the District’s request to allow a brief extension to the four-year Project Completion phase, with a new deadline date of November 15, 2023.

This extension was allowed due to unforeseen and unavoidable pandemic related slowdowns which have delayed equipment delivery. The delay will not adversely impact achievement of real, surplus, quantifiable, enforceable, permanent, and cost effective emission reductions for this project.

Please note that this approval does not constitute a comprehensive review of the project, nor does it imply or equate to “blanket approval” of other similar projects. In addition, the District is responsible for ensuring that the projects conform to all applicable guidelines and statutes, including all co-funded guidelines and statutes (if applicable), and co-funding limitations (if applicable). Please include this case-by-case reference number in the comment field for the project in the Clean Air Reporting Log also known as CARL database.

Determination Date: September 28, 2022
Contact: Ken Bhatti (279) 208-7736

Reference # 2019-02
Request: Approval to fund the replacement of a tractor and loader destroyed by fire prior to contract execution
(Project Number 20MOY51)
Air District: Bay Area AQMD
Guidelines Section(s):2017 Carl Moyer Guidelines, Chapter 3, Section X.4.(A) and (B), and Chapter 5, SectionD.4.(E)(4)
ARB Action: Approved

Determination: The Bay Area AQMD received an application from Johnson and Neles Dairy to fund five agricultural equipment replacements (Project # 20MOY51) on August 8, 2018. The application approved by the District's Board of Directors on October 17, 2018 included three tractors and two loaders. Pre-inspection of the existing equipment was completed on October 24, 2018 and all equipment were found to be operable. On October 27, 2018, a fire at the applicant's facility destroyed a barn, and a tractor and loader approved for replacement but prior to contract execution. The District is seeking a CBC determination to move forward to fund the project although the equipment was destroyed prior to contract execution.

Per Chapter 3, Section X.4. and Chapter 5, Section D.4.(E)(4), existing equipment must be destroyed in order to permanently remove it from service. This ensures emission reductions are real and permanent and prevents existing equipment from returning to service. The air district provided evidence of the fire incident documenting destruction of the project equipment. Additionally, the air district proposes reducing the funding award for each equipment destroyed by the amount paid to the grantee by insurance. With this, the district may proceed with the project.

This approval does not constitute a comprehensive review of the project. It is the district's responsibility to verify that the project conforms to applicable cost-effective limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for this project in the CARL database.

Determination Date: January 28, 2019
Contact: Thomas Evashenk (916) 445-8811, Rhonda Runyon (626) 350-6551

Reference # 2017-04
Request: Allow the district to donate off-road equipment (a tractor) to an overseas charitable non-profit organization in lieu of scrap.
Air District: Feather River Air Quality Management District
Guidelines Section(s):2011 Carl Moyer Guidelines, Chapter 3, AA.4 and Chapter 9, C.4.
ARB Action: Approved

Determination: Moyer Program Guidelines require baseline equipment to be permanently removed from service in California through engine destruction. In this case Feather River District has proposed permanent removal from service in California through shipment overseas. CARB staff believe this overseas shipment is sufficient to ensure permanent removal of the tractor, as it will be received and used by a charitable organization in Sierra Leone for use on a specific farm. This case-by-case exception has a humanitarian objective, as the farm is seeking a tractor to assist its operations growing food for the villagers of Kamasarralie, Sierra Leone.

Feather River District has arranged for transportation of the tractor to the Port of Oakland, for shipping to Lulu Farm in Sierra Leone, under the auspices of a charitable assistance organization. The baseline tractor serial number will be noted on a bill of lading by the shipping company, International Sea and Shipping, to be included in the project file. Lulu Farm will acknowledge receipt of the tractor in a letter for the project file. To help ensure maintenance of the baseline tractor in Sierra Leone, the farm director is certified in motor vehicle technology.

Note this approval applies only to Feather River AQMD project 2017-21, and does not constitute a comprehensive review of the project. It is the district's responsibility to verify that the project conforms to applicable cost effectiveness limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for the project in the CARL database.

Determination Date: August 10, 2017
Contact: Sibyl Britton (916) 327-0555

Reference # 2013-37
Request: Allow the district to conduct pre-inspections after contract execution for Stationary Diesel Agricultural Engines projects.
Air District: Monterey Bay Unified APCD
Guidelines Section(s):2011 Carl Moyer Guidelines, Program Administration, Section AA.6
ARB Action: Approved

Determination: The district has provided a written justification of reduced staff resources associated with delaying pre-inspections for some of its projects. The District Policies and Procedures manual includes a description of the timeline by which the district will conduct a pre-inspection post contract execution as well as language ensuring that no payment will be made prior to pre-inspection and equipment verification. As such, the district meets the case-by-case allowance requirements as defined in Program Administration Section AA.6, with the stipulation that this case-by-case approval is contingent on the district updating its contract to include a clause for voiding the contract if the equipment specifics are not met as described in the contract.

Determination Date: October 17, 2013
Contact: Jennifer Kozumplik (916) 445-3516

Reference # 2013-05
Request: Allow the district to co-fund a project with funding from Moyer program Years 13 and 14 while operating under 2008 Guidelines. (Project Number: CM12-10).
Air District: Northern Sonoma County APCD
Guidelines Section(s): (2011) Chapter 2, Section KK
ARB Action: Approved

Determination: According to the Guidelines, it is necessary to operate under the 2011 guideline requirements when a district begins spending Year 14 grant funds. The District, which is operating under the 2008 Guidelines, has a project that they cannot fully fund with the remaining monies from their Year 13 grant. The District is also preparing to execute other urgently timed contracts for its Year 14 grant cycle, and has concern that some of these year 14 contracts may be executed while the final Year 13/Year 14-funded contract is still in draft. ARB recognizes that it is not always possible to expend yearly grants in discrete amounts, nor is it always possible to fully control the timing of contract execution. On occasion, it may be necessary to overlap funding years.

The district is permitted to co-fund their final Year 13 project with some of their Year 14 monies and to execute the contract under the terms of the 2008 Guidelines, provided the equipment meets eligibility requirements. Note this approval is granted only for the allowance of this co-funding of the project listed above, and does not constitute a comprehensive review of the project. It is the district’s responsibility to verify that the project conforms to applicable cost effectiveness limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for the projects in the CARL database.

Determination Date: February 19, 2013
Contact: Jennifer Kozumplik (916) 445-3516

Reference # 2011-46
Request: Allow photographic evidence as destruction documentation (Project # 11MOY27).
Air District: Bay Area AQMD
Guidelines Section(s): 2008 Guidelines, Part III-Program Administration, Section 31(c)
ARB Action: No Action / CBC approval not required.

Determination: 2008 Guidelines require documentation of baseline engine destruction by district staff either “in-person or through photographic or video evidence,” in accordance with district policies and procedures. Since district staff has photographic evidence, Moyer staff considers this situation to be an internal policy issue for the district.

Determination Date: July 18, 2011
Contact: John Ellis (626) 350-6516

Reference # 2011-38
Request: Consider as fully expended an in-progress marine project, Scandia 09-07, delayed because of a State of Emergency
Air District: Mendocino County AQMD
Guidelines Section(s): 2011 Guidelines, Program Administration, Section O(1)
ARB Action: Approved

Determination: In March 2011, severe rainstorms and flooding struck Humboldt County, leading to the declaration of a State of Emergency by Governor Brown. This natural event caused delays and parts delivery disruptions that halted timely completion of a Mendocino County AQMD marine repower project, Scandia 09-07, in which the engine had been delivered to the installer (in Humboldt County) and paid for by the grantee. If the District pays the grantee for the engine by June 30, 2011, this project will be considered fully expended for the purpose of meeting the Carl Moyer Program Year 11 expenditure deadline. District post-inspection and payment must occur by December 31, 2011. This project must also still comply with all other applicable Guideline criteria.

Determination Date: June 9, 2011
Contact: Tim Hartigan (916) 324-0202