1. (a) Lessors shall be subject to all of the following:

   1. (1) The lessor is responsible for the owner requirements set forth in section 2477.5. See the definition of “owner” in section 2477.4 for clarification related to banks and financial institutions.

      1. (A) The lessor may delegate the responsibilities under section 2477.5, if the following conditions are met:

         1. 1. The lease contract shall show clear delegation of the TRU requirements to the lessee;
         2. 2. The lessor shall submit third party agreement confirmation information as required under section 2477.20(k) for leased units to CARB at least 10 days prior to the lessee reporting the TRU or TRU gen set to CARB.
         3. 3. The lessor shall notify the lessee in writing of this delegation.

2. (b) Lessees shall be subject to all of the following:

   1. (1) If delegated by contract and the lessor has submitted third party agreement confirmation information for leased units to CARB under section 2477.12(a)(1)(A) and notified the lessee of delegation under section 2477.12(a)(1)(A)3., the lessee is responsible for the TRU reporting, operating fee, and compliance label requirements of sections 2477.5(g), (h), and (i) and shall complete all of the following:

      1. (A) Report the TRU or TRU gen set to CARB and pay applicable TRU operating fees after at least 10 days of the lessor submitting the third party agreement confirmation information for leased units to CARB, but no more than 30 days after the lessor's notice;
      2. (B) Submit a copy of the TRU Certification to the lessor within 30 days after reporting the TRU or TRU gen set to CARB and a TRU Certification is issued; and
      3. (C) Affix (attach) the IDN to the TRU or TRU gen set housing within 30 days in accordance with subparagraph 2477.5(g)(6).

Note: Authority cited: Sections 38597, 39600, 39601, 39618, 39658, 39659, 39666, 39667, 43013, 43018 and 43019.1, Health and Safety Code. Reference: Sections 38597, 39611, 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, 42410, 43013, 43018 and 43019.1, Health and Safety Code.

History

1. New section filed 10-15-2012; operative 10-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 42).

2. Amendment of section and Note filed 7-18-2022; operative 10-1-2022 (Register 2022, No. 29).

3. Change without regulatory effect amending Note filed 1-2-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 1).