California Air Resources Board

What is the ZEV Infrastructure Delay Extension? 

It is a temporary compliance extension to address situations where a fleet owner would become non-compliant with the ACF regulation due to infrastructure installation delays for circumstances beyond their control. The extension provides more time to add ZEVs to the fleet if a project to install charging or hydrogen fueling infrastructure needed to operate their ZEVs is started one year ahead of the compliance date and it is delayed. The extension may be granted for up to 5 years depending on the specific circumstances. Fleet owners must apply for the extension 45 days prior to the applicable compliance date and show that the criteria to qualify for the extension has been met.

Do I need to request an extension if my ZEV installation project is delayed?

If your California fleet is in compliance and the delay does not prevent your fleet from meeting the upcoming compliance deadline there is no need to apply for an extension. However, if you take action one year ahead of your next compliance deadline to install ZEV fueling infrastructure and delays that are outside your control prevent you from complying on time, you may request and receive an extension if you meet the applicable criteria. The compliance deadline for your existing vehicles and how many ZEVs you need to comply depends on the compliance method you use.

What types of delays are eligible for an Infrastructure Delay Extension?

There are two primary categories of delays that are eligible for an extension. First, is a construction related delay for a project where the construction permit was issued one year prior to the compliance date and the delay is a result of any one of the following:

• Delays in manufacture and shipping of ZEV fueling infrastructure equipment
• Delays due to a change of a general contractor
• Delays in obtaining power from a utility after construction begins
• Delays due to unexpected safety issues at the construction site 
• Discovery of archeological, historical, or tribal cultural resources
• Natural disasters

Second, is for a delay where the utility cannot supply enough power to the fleet owner’s site to support the required ZEVs. and the fleet owner receives documentation from the utility one year prior to the compliance date. Extensions for a utility-based delay sunsets on January 1, 2030, and can no longer be used to support extension requests after that date.

How long is the Infrastructure Delay Extension? 

If the eligible delay is due to a construction related delay, an extension may be granted for up to two years after the compliance date. For a delay that is a result of an eligible utility power delay, the initial extension can be up to three years, with an option to renew the extension for an additional two years based on the specific situation. The extension period and number of vehicles receiving an extension will be based on specific situation for the construction project or time the utility determines it needs to supply the required power to the site.

How do I apply for an extension due to a construction related infrastructure delay? 

For construction related delays the following is a summary of what needs to be submitted:

• Documentation showing the executed contract for the ZEV fueling infrastructure installation is for more than one year and that the date issued at least one year prior to the next compliance deadline
• Documentation showing the reason for the delay is a result of eligible circumstances associated with the construction project
• A letter from the responsible official explaining the reason for the delay, the estimated completion date, an explanation why retail ZEV fueling infrastructure cannot be used by the fleet owner
• Documentation supporting the reason for the delay from the licensed contractor performing the work, related utility, building department, or other organization involved in the project
• Documentation of the executed ZEV purchase agreement

Applicants must submit documentation to TRUCRS@arb.ca.gov at least 45 days prior to the upcoming compliance date to demonstrate eligibility and to justify the time period for the extension.

How do I apply for an extension due to a delay from the utility? 

For delays obtaining enough site power from the utility before a construction project starts, the following is a summary of what needs to be submitted:

• A copy of the application submitted to the utility requesting site electrification that is consistent with the number of ZEVs the fleet owner must deploy each calendar year to meet their compliance requirements during the requested extension period
• The utility’s response showing that the project will take longer than a year, and the executed utility contract. If a utility is unable or unwilling to execute a contract, submit the initial contract or application requesting site electrification to the utility, and a signed attestation from the utility stating they will proceed with the project.
• Documentation indicating the reason for the delay, an estimate provided by the utility of the available electrical capacity in kilowatts the utility can supply to the site within one year of the extension request, and for each year of the requested delay, and estimated project completion date
• Information about the ZEV fueling infrastructure equipment that can be installed each year consistent with the utility’s electric capacity estimate including the number, type, and rated capacity for chargers in kilowatts or the hydrogen station’s dispensing capacity (in kilograms) per day and the electrical demand in kilowatts
• Fleet owners with multiple sites where vehicles are domiciled must submit a copy of each site’s infrastructure capacity evaluation from the utility or a third‑party licensed professional electrical engineer to show no other site could be upgraded sooner

Applicants must submit documentation to TRUCRS@arb.ca.gov at least 45 days prior to the upcoming compliance date to demonstrate eligibility and to justify the time period for the extension.

Why do I need to renew the site electrification extension if the utility tells me their upgrade project could take up to five years? 

Utility electrical capacity can change over time. You must deploy any ZEVs that can be supported at your site for each year of the extension. Also, the number of ZEV deployed from your site may change. Therefore, after the initial three years if the utility still cannot supply enough power to your growing ZEV fleet, then the extension can be renewed for an additional two years based on new or updated information. 

How can I determine what the “maximum number” of ZEV the utility can support at my shared site? 

The utility is expected to identify the capacity it can deliver to the site and when the upgrade can be made. This information along with the fleet owner’s project plans for the site will be used to determine how many vehicles can be supported and how many cannot.

What if my fleet is relying on a third-party ZEV infrastructure provider, can I still apply? 

Yes, but only if you have already entered a one-year or longer contract with the third‑party at a specific site before they experience a qualifying delay at the location your fleet has contracted for charging or fueling services. A copy of the contract showing the agreement with the third-party and fueling location will need to be submitted as part of an extension application. Multiple fleets utilizing a common site can also submit a joint application.

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