California Air Resources Board

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What is the Zero-Emission Forklift Delivery Delay Extension?

The Zero-Emission Forklift Delivery Delay Extension is available to allow a Fleet Operator to remain in compliance with the Zero-Emission Forklift (ZEF) regulation if a ZEF that has been ordered to replace a Large Spark Ignition (LSI) Forklift will not be received until after the compliance date. Fleet Operators may request this extension to continue operating the LSI Forklift that is scheduled to be phased out in the California fleet until the replacement ZEF is received.

What criteria qualifies for the Delivery Delay Extension?

To qualify for the Delivery Delay Extension, the following criteria must be met:

1. Based on documentation provided by the manufacturer, Dealer, or shipper, the ZEFs ordered to replace the LSI Forklifts are estimated to be delivered after the upcoming compliance date.
2. The purchase or lease agreement meets the following requirements:

1. The purchase or lease agreement is a written, signed, and dated legally binding contract. The extension cannot be claimed if the purchase or lease agreement has been modified by the Fleet Operator within one year of the upcoming compliance date. Letters of intent or other agreements that are not binding, or that are contingent upon other decisions that remain unresolved within one year of the upcoming compliance date, are not sufficient to qualify for the extension;
2. The purchase or lease agreement identifies the make and model of the ZEF that the Fleet Operator committed to purchase or lease, the date of the order, and that the purchase is for delivery prior to the upcoming compliance date to the Fleet Operator; and
3. The purchase or lease agreement shows that the new ZEF was ordered at least two years prior to the upcoming compliance date.

3. The Fleet Operator has submitted the documentation and information specified in Section 3007(b)(2)(D)1.

Are there any additional requirements after being approved for a Delivery Delay Extension?

Yes. After approval, all LSI forklifts covered by the extension must be labeled with their California Air Resources Board (CARB) issued Equipment Identification Number in accordance with Section 3010.

Additionally, if you have one or more forklifts with an approved Delivery Delay Extension, you have 30 days from receiving the replacement ZEF to report the appropriate changes to the fleet to demonstrate compliance. The owner must report information about the replacement forklift and the date the non-compliant forklift is replaced.

When can I apply for the Delivery Delay Extension?

Fleet Operators may request this extension if the ZEFs they have ordered to replace LSI Forklifts required to be phased out by the upcoming compliance date cannot be delivered to the Fleet Operator by said compliance date due to circumstances beyond the Fleet Operator’s control. Requests must show that a ZEF was ordered two years before the phase-out date and qualifies for the Zero-Emission Forklift Delivery Delay Extension. Extensions will not be granted on or after January 1, 2038.

How long will the Delivery Delay Extension last and what if I need to extend it longer?

Each extension and extension renewal for the Delivery Delay Extension is valid for one year from the next compliance date and will expire on December 31 of that year. If another extension is necessary, the Fleet Operator must provide an updated estimated delivery date for the ZEF and documentation of the delay from the manufacturer, dealer, or shipper to CARB by email to zeforklifts@arb.ca.gov.

How can I maintain the Delivery Delay Extension if the manufacturer cancels a forklift order?

If a forklift manufacturer cancels a purchase agreement for the ZEF due to circumstances beyond their control, the Fleet Operator must secure another purchase agreement for the ZEF within 180 calendar days of the cancellation, except for government Fleet Operators who shall have up to one year to secure another purchase or lease agreement. To retain the extension, Fleet Operators must email zeforklifts@arb.ca.gov a copy of the manufacturer cancellation notice within 30 calendar days of the cancellation and must submit the new ZEF purchase agreement within 30 calendar days of placing the order.

Is the Delivery Delay Extension still valid if I choose to cancel a purchase agreement?

No. If a forklift owner claims the Delivery Delay Extension and later cancels or modifies the original purchase or lease agreement used to qualify for the extension, the claim for the extension will be treated as invalid. The fleet will be out of compliance as if the agreement was never executed.

How do I apply for the Delivery Delay Extension?

Make sure the fleet information reported in DOORS is up to date. Extension requests may be submitted to CARB by email to zeforklifts@arb.ca.gov. The following information is required for fleets applying for the Delivery Delay Extension:

1. Entity information specified in Section 3009(b)(1);
2. For each LSI Forklift included in the extension request:

1. Forklift information as specified in Section 3009(b)(2);
2. Primary operating location address;

3. The signed purchase or lease agreement for the ZEF ordered to replace the LSI Forklift that meets the criteria in Section 3007(b)(2)(A)2; and
4. Documentation from the manufacturer, Dealer, or shipper, indicating that the ZEF ordered to replace the LSI Forklift is estimated to be delivered after the upcoming compliance date.

After reviewing the information, CARB staff will update the compliance status in DOORS to reflect the Delivery Delay Extension.

A draft template application can be found below. Use of the template is encouraged and may help submit a complete application. When filling out the application please refer to the regulation language for all requirements.

ZEF Delivery Delay Extension Request Template

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