California Air Resources Board

Assembly Bill (AB) 794 (2021) requires fleet purchasers of new drayage and short-haul trucks participating in applicable incentive programs to sign agreements that condition the incentive on compliance with applicable labor standards. Fleets must submit an attestation and demonstrate that they do not have any applicable law violations at the time of incentive application. Additionally, attestations must be renewed annually for the term of the incentive agreement. AB 2737 (2022) places similar requirements on lessees if the lease agreement is greater than one year.

The California Air Resources Board established the AB 794 attestation website where fleets can submit a new, renew, or view an existing attestation.

When applying for an applicable incentive program, fleets are required to attest that they:

• Do not have any applicable law violations;
• Will maintain compliance with applicable laws for at least three years from the date of incentive application or the duration of the agreement, whichever is longer; and,
• Will retain direct control over the manner and means for performance of any individual using or driving the vehicle for at least three years from the date of incentive application or the duration of the agreement, whichever is longer.

Attestations must be renewed annually for the term of the incentive agreement. When renewing an attestation, fleets must attest that they:

• Maintained compliance with applicable laws and do not have any applicable law violations;
• Maintained direct control of the individuals operating the vehicle, and maintained full ownership, or exclusive possession in the case of a lease, and operational control of the vehicle;
• Provided a copy of any judgments, rulings, citations, decisions, orders, or awards finding that the fleet purchaser or any parent company or subsidiary or other commonly controlled entity has applicable law violations as of the date of the attestation; 
• Disclosed all operating authorities under which the vehicle purchased, or leased for greater than one year, was operated; and,
• Completed all required maintenance and upkeep on the vehicle.

To learn more about direct and operational control, please visit the Labor and Workforce Development Agency’s (LWDA) website at ABC Test | LWDA.

Participating fleets that submit false or misleading information may be barred from future participation in CARB incentive programs, required to return relevant incentive funding received, and subject to enforcement action and other legal remedies.