AB 794 Incentive Program Complaints

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You can submit a complaint to the California Air Resources Board regarding a fleet’s failure to comply with Assembly Bill (AB) 794 (2021) or AB 2737 (2022). The table below includes descriptions to help determine which complaint type to select on the complaint form. The definitions webpage defines some of the terms used in the table.

Complaint Type

Description

When to Select

Unsatisfied DIR Judgment

When the California Department of Industrial Relations (DIR) Labor Commissioner’s Office determines that unpaid wages are due to workers, an Order, Decision, or Award or Notice of Findings is issued. If the employer that owes the wages fails to pay the workers, a judgment is issued to help the workers recover the wages. A judgment is a court order to pay wages and other monies owed. The judgment is unabated or unsatisfied if wages or money owed to the worker have not been paid in full.

To report an unabated or unsatisfied DIR judgment.

 

Note: Report a new labor law violation to DIR at Labor Law Violation Report.

False Attestation

Applicable fleets must submit an attestation at the time of incentive application and annually thereafter, for the duration of the incentive agreement, attesting that they meet the requirements of AB 794 and AB 2737.

To report an attestation that was submitted with false or misleading information.

Maintenance Compliance

Applicable fleets must complete all required maintenance and upkeep on the vehicle purchased or leased with the incentive.

To report a fleet that has not completed maintenance and upkeep on the vehicle.

Control of Vehicle User/Driver

Applicable fleets must maintain direct control over the manner and means of performance of individuals using or driving the vehiclefor at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer. Please visit the Labor & Workforce Development Agency’s website at ABC Test | LWDA for more information on “control.”

To report a fleet purchaser or lessee that does not maintain direct control of the individuals using the vehicle.

Change in Vehicle Ownership

Applicable fleets must maintain full ownership, or exclusive possession in the case of a lease, and operational control of the vehicle purchased with the incentive.

To report a change in vehicle ownership.

Other

This option is for complaint types that are not described above.

To report all other AB 794 and AB 2737 complaints.

Notes:

  1. Fleet purchasers and lessees that receive funding from applicable incentive programs must maintain compliance with AB 794 and AB 2737 for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer. In the table below, an “applicable fleet” is a fleet purchaser or applicable lessee.
  2. Labor laws are enforced by the California Department of Industrial Relations (DIR). Submit new labor law violations to DIR at Labor Law Violation Report.
  3. On or after January 1, 2025, a company that hires or uses a port drayage trucking service will share legal responsibility to a driver if that trucking service misclassifies the driver as an independent contractor instead of an employee. This means the company using the trucking service can be held responsible, along with the trucking service itself, for liability to California Air Resources Board under AB 794 for repayment of relevant incentives, and to the Labor and Workforce Development Agency and/or the driver for relevant claims by the driver. This applies even if the trucking service is not on the drayage fleet list created under Labor Code section 2810.4.

AB 794 Incentive Program Complaints

Report a fleet purchaser, lessor, or lessee that is not in compliance with AB 794 or AB 2737

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