Calif. Public Power Leaders Say New Rule Threatens Ability of Utilities to Respond to Emergencies

by Paul Ciampoli
APPA News Director
May 1, 2023

A rule recently approved by the California Air Resources Board that is designed to transition all medium- and heavy-duty vehicles in the state to electric or hydrogen-powered vehicles includes “a major flaw that could risk longer water and electric outages during emergencies,” leaders of the California Municipal Utilities Association, the Southern California Public Power Authority and the Northern California Power Agency said.

At issue is the Advanced Clean Fleets rule, which was approved by CARB on April 28. The rule requires most California fleets to begin purchasing zero-emission medium- and heavy-duty vehicles in 2024. Beginning January 1, 2024, 50% of medium- and heavy-duty vehicles purchased by publicly owned electric utilities and public water and wastewater agencies must be zero-emission. Starting January 1, 2027, all medium- and heavy-duty vehicles purchased by public agencies must be zero-emission. The rule stems from an Executive Order issued by Governor Newsom in 2020 that, among other things, also initiated California’s approach to banning the sale of gasoline powered by cars by 2035.

In an Op-Ed completed prior to the rule’s approval, Barry Moline, Executive Director, California Municipal Utilities Association, Michael Webster, Executive Director, Southern California Public Power Authority and Randy Howard, General Manager, Northern California Power Agency, acknowledged that overall the rule is essential to achieve California’s environmental goal of a carbon-neutral economy by 2045.

“But the proposed rule’s major concern is that it may hinder many local utilities’ ability to respond to emergencies, natural disasters, and significant service disruptions. Customers and communities served by local governments that own and operate their own water, wastewater, and electric utilities will be at risk,” wrote Moline, Webster and Howard.

The heavy specialty vehicles that utility crews use daily reach power lines; clear debris; transport, remove, and set utility poles; move and set critical water infrastructure; and provide water purification for communities, they pointed out. “During emergencies, this important work is often done under challenging conditions and in rural, isolated locations.”

But these specialty utility vehicles are not widely available in electric or hydrogen models. “That likely will continue to be the case for the next several years — a period when the ACF rule will require California utilities to purchase and utilize zero-emission vehicles. While these vehicles account for only a small number statewide, they play an outsize role in safely maintaining and restoring the electrical grid and water infrastructure,” Moline, Webster and Howard said.

They emphasized the point that publicly owned utilities do not want an exemption to the rule, noting that generally, public water, wastewater, and electric utilities support purchasing zero-emission vehicles wherever feasible.

“But given the stakes — and risks to public health and safety — the rule must be amended to provide reasonable, practical accommodations when a zero-emission vehicle cannot do the same emergency work as a traditional utility vehicle. This prudent amendment would help protect local communities statewide that serve Californians,” the Op-Ed said.

“We must also recognize the reality that vehicles powered by hydrogen — not electric — are better suited for the work of many utility vehicles. It is paradoxical to rely on an electric vehicle to restore power when there is no electricity to keep the vehicle charged.”

Hydrogen vehicles, on the other hand, “are not dependent on the grid and can be refueled quickly in the field, allowing a utility crew to operate around the clock while repairing damaged infrastructure. The widespread deployment of hydrogen vehicles is, however, on a slower timeline than electric vehicles.”

The federal government “is providing billions of dollars to build hydrogen hubs across the country, which should help expand the hydrogen vehicle industry. Until then, utilities need the flexibility to purchase traditional vehicles when a zero-emission vehicle is unavailable or cannot meet emergency response needs,” Moline, Webster and Howard said.

They said that CARB must take these emergency response concerns seriously and amend the Advanced Clean Fleets rule “to accommodate the essential work of publicly owned electric and water utilities.”

In early April, the three groups submitted a detailed letter requesting specific changes to the regulation. Among other things, the groups asked CARB to open a subsequent Advanced Clean Fleets implementation rulemaking following adoption of the rule, so that concerns detailed in the letter can be addressed.

Meanwhile, there is at least one bill under consideration by California lawmakers that is intended to give utility fleets the flexibility that CMUA believes is needed, noted Matt Williams, Communications Director for CMUA.