Cal. Code Regs. tit. 13, § 2490.1 – Clean Miles Standard Requirements.

(a) Starting with calendar year 2023, and each calendar year thereafter, each TNC must meet the requirements of this section.
(b) Definitions. The following definitions apply to this section:
1. (1) TNC Periods. “Period 1” are those miles traveled by a TNC vehicle when a TNC vehicle driver or operator is logged onto the app and waiting for a ride match. “Period 2” are those miles traveled by a TNC vehicle when a TNC vehicle driver or operator has accepted a ride request and is en route to the passenger. “Period 3” are those miles traveled by a TNC vehicle when the passenger, or passengers, are in the TNC vehicle and en route to their destination until the passenger exits the vehicle. This definition is meant to be consistent with the CPUC Commission Decision 14-11-043 that established Periods 1, 2, and 3.
2. (2) Passenger Miles Traveled. “Passenger Miles Traveled” or “PMT” means the miles traveled by a passenger, or miles traveled by each passenger if there are multiple passengers recorded in the app for a trip, in a TNC vehicle or other transport mode provided by the TNC.
(c) Greenhouse Gas Targets.
1. (1) A TNC passenger service fleet shall not exceed the annual greenhouse gas (GHG) targets shown in Table 1.
  Table 1. Annual GHG Targets
  Calendar Year
  GHG Target (grams CO₂/PMT)
  2023
  252
  2024
  237
  2025
  207
  2026
  161
  2027
  110
  2028
  69
  2029
  30
  2030+
  0
2. (2) A TNC shall calculate its greenhouse gas emissions per passenger mile annually using Equation 1. Unless otherwise specified, all calculations are for all vehicle trips summed over the calendar year. The numerator of Equation 1 is calculated by multiplying the CO₂ emissions factor with the VMT for each trip to arrive at a grams CO₂ value per trip. Summing the grams CO₂ per trip values for all trips yields total grams of CO₂ for the fleet of TNC vehicles for the year. The denominator of Equation 1 is calculated by multiplying a compliance occupancy value with the Period 3 VMT of each trip to arrive at PMT per trip. Taking the sum of PMT per trip values for all trips yields total PMT for the fleet of TNC vehicles for the year. A trip shall be included in a calendar year calculation if that trip starts in that calendar year.
3. (3) Equation 1.
  g CQ₂
  Σ (VMT_P1,P2,P3 x CO₂ factor)_trip
  =
  PMT
  Σ (VMT_P3 x occupancy)_trip
  Where:
  VMT_P1,P2,P3 equals VMT in miles (sum of Periods 1, 2 and 3) of trips for all vehicles (sum of Periods 1, 2, and 3) by BEVs and FCEVs
  VMT_P3 equals VMT in miles for the Period 3 portion of a trip
  CO₂ factor equals the CO₂ emission factor in grams CO₂ per mile as provided in Table 2 and Table 3
  Occupancy equals the compliance occupancy value in the unit of passengers determined by Table 4
4. (4) Tables 2 and 3 - CO₂ Emission Factor Look-up Table. For each TNC trip calculated using Equation 1, the CO₂ factor shall be set to the value in grams CO₂ per mile (g CO₂/mi) in Table 2 and Table 3 that corresponds to the vehicle model year, vehicle category, and vehicle propulsion system for the associated TNC vehicle.
  1. (A) If any of the parameters are not known for a TNC vehicle, the worst-case (largest) grams CO₂/mi value shall be used. For example, if only the vehicle model year is known but not the vehicle propulsion system or vehicle category, the largest value for that model year shall be used. If vehicle propulsion system is known but not the vehicle model year, the largest value for that vehicle propulsion system shall be used.
  2. (B) Flex fuel vehicles (FFVs) shall use the gasoline passenger car (PC) or gasoline light truck (LT) CO₂ emission factor values.
  3. (C) The light truck vehicle category (Table 3) shall be used if the TNC vehicle is classified as a light-duty truck and has a gross vehicle weight rating (GVWR) of less than 8,500 lbs. and an estimated total weight (ETW) of less than 5,750 lbs.
  4. (D) All TNC vehicles that do not fall into the light truck vehicle category shall use the passenger car category (Table 2).
  5. (E) Model year means the model year of the vehicle as reported by the TNC driver in their driver profile. If this information is not complete, it is the value as determined by the TNC or regulating agencies using the vehicle identification number (VIN).
    Table 2. CO₂ factors for the passenger car (PC) vehicle category in g CO₂/mile
    Model Year
    Diesel PC
    Gasoline PC
    HEV/PHEV PC
    CNG PC
    2008
    324
    365
    181
    251
    2009
    318
    357
    177
    251
    2010
    302
    339
    168
    251
    2011
    312
    351
    174
    251
    2012
    286
    321
    159
    227
    2013
    278
    312
    155
    218
    2014
    279
    313
    155
    218
    2015
    274
    307
    152
    218
    2016
    266
    298
    148
    218
    2017
    258
    290
    144
    218
    2018
    251
    281
    139
    218
    2019
    243
    272
    135
    218
    2020
    235
    263
    130
    218
    2021
    227
    254
    126
    218
    2022
    218
    245
    121
    218
    2023
    210
    236
    117
    218
    2024
    202
    226
    112
    218
    2025
    194
    217
    108
    218
    2026
    194
    217
    108
    218
    2027
    194
    217
    108
    218
    2028
    194
    217
    108
    218
    2029
    194
    217
    108
    218
    2030
    195
    217
    108
    218
    2031+
    194
    217
    108
    218
    Table 3. CO₂ factors for the light truck (LT) vehicle category in g CO₂/mile
    Model Year
    Diesel LT
    Gasoline LT
    HEV/PHEV LT
    CNG PC
    2008
    634
    505
    468
    251
    2009
    593
    477
    442
    251
    2010
    589
    469
    435
    251
    2011
    574
    458
    424
    251
    2012
    556
    442
    410
    227
    2013
    534
    427
    396
    218
    2014
    529
    425
    394
    218
    2015
    518
    414
    384
    218
    2016
    497
    398
    369
    218
    2017
    477
    383
    355
    218
    2018
    454
    367
    340
    218
    2019
    434
    351
    325
    218
    2020
    413
    335
    310
    218
    2021
    392
    319
    296
    218
    2022
    377
    307
    285
    218
    2023
    362
    295
    273
    218
    2024
    346
    282
    262
    218
    2025
    330
    270
    251
    218
    2026
    330
    270
    251
    218
    2027
    331
    271
    251
    218
    2028
    331
    270
    251
    218
    2029
    327
    271
    251
    218
    2030
    322
    271
    251
    218
    2031+
    304
    271
    251
    218
5. (5) Compliance occupancy values. For each TNC trip calculated using Equation 1, the compliance occupancy shall be set to the value in Table 4 for that type of trip. If the type of trip is unknown, the trip shall be assumed to be “Non-pooled.”
  1. (A) “Non-pooled” means a trip where the party requesting the TNC ride requests a non-sharing service.
  2. (B) “Pool-requested, unmatched” means a trip where a party requested a shared ride but no other parties requesting shared rides were matched during the duration of the trip.
  3. (C) “Pool-matched” means multiple parties requesting shared rides were matched with the same vehicle for a portion of their respective trips.
    Table 4. Compliance occupancy values to use in Equation 1
    Compliance Occupancy
    Non-pooled
    1.5
    Pool-requested, unmatched
    1.5
    Pool-matched
    2.5
6. (6) If the total calculated grams CO₂/PMT as set forth in section 2490.1(c)(3) for a given calendar year does not result in a whole number, the number shall be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise.
7. (7) Exemptions. Trips on TNC apps that are requested and fulfilled as wheelchair-accessible vehicle trips shall not be included in the calculation of Equation 1.
(d) Over-Compliance Credits for Greenhouse Gas Emissions per Passenger Mile Traveled.
1. (1) If a TNC's annual grams CO₂/PMT emissions are less than the requirement shown in Table 1 for that year, CPUC shall issue to the TNC over-compliance credits equal to the difference.
2. (2) A TNC may use over-compliance credits towards compliance with their grams CO₂/PMT requirement in any of the subsequent three calendar years. Unused credits expire after the three-year period. Credits may not be used to comply with prior calendar years.
3. (3) Credits are in the unit of grams CO₂/PMT. If the calculated grams CO₂/PMT set forth in § 2490.1(c)(3) in a given calendar year does not result in a whole number, the number must be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise. If the rounding results in a difference of 0, then no credits shall be issued for that calendar year.
4. (4) Table 5 provides an example of using over-compliance credits. The example TNC over-complies by 20 grams CO₂/PMT in 2027 and CPUC issues 20 credits. The TNC may use those 20 credits in 2028, 2029, or 2030, and in this example, chooses to use them in 2029 and 2030. The TNC then over-complies by 9 grams CO₂/PMT in 2028 and CPUC issues 9 credits. The TNC may use those 9 credits in 2029, 2030, or 2031, and in this example, chooses to use them in 2031.
  Table 5. Example of carrying forward over-compliance credits
  Year
  Target (grams CO₂/PMT)
  TNC emissions (grams CO₂/PMT)
  Deficit
  Over-compliance Credit
  Credits available
  Credits Applied
  2027
  110
  90
  --
  20
  20
  --
  2028
  69
  60
  --
  9
  29
  --
  2029
  30
  34
  4
  --
  29
  4
  2030
  0
  6
  6
  --
  25
  6
  2031
  0
  2
  2
  --
  9
  2
(e) Electric Vehicle Miles Traveled Requirement.
1. (1) For each calendar year, a TNC shall meet or exceed the percent eVMT targets shown in Table 6.
  Table 6. Annual Electric Vehicle Miles Traveled Targets
  Calendar Year
  eVMT
  2023
  2%
  2024
  4%
  2025
  13%
  2026
  30%
  2027
  50%
  2028
  65%
  2029
  80%
  2030+
  90%
2. (2) The percent eVMT shall be calculated using Equation 2.
  Equation 2.
  Σ VMT_{BEV + FCEV}
  % eVMT =
  x 100%
  Σ VMT_{All vehicles}
  Where:
  VMT_BEV+FCEV equals VMT by TNC BEVs and FCEVs for Period 3.
  VMT_{All vehicles} equals VMT by all TNC vehicles for Period 3.
  The numerator and the denominator, respectively, shall be summed over all TNC vehicle trips in which Period 3 miles begin within the relevant calendar year.
3. (3) If the total calculated percent eVMT as set forth in section 2490.1(e)(2) for a given calendar year does not result in a whole number, the number shall be rounded up to the nearest whole number if the tenths digit contains a 5 or higher, or rounded down to the nearest whole number otherwise.

Note: Authority cited: Sections 38530, 39600, 39601 and 43000.5, Health and Safety Code; and Section 5450, Public Utilities Code. Reference: Section 44274.4, Health and Safety Code; and Section 5431, Public Utilities Code.

History

1. New section filed 8-9-2022; operative 10-1-2022 (Register 2022, No. 33). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.