CARB to repeal parts of ACF rule after NTEA, SEMA lawsuit

In a major win for drayage fleets, California Air Resources Board has agreed to  repeal the High-Priority and Drayage provisions of the Advanced Clean Fleets (ACF) rule. This comes after the U.S. District Court for the Eastern District of California accepted the settlement terms of a lawsuit initiated by NTEA and SEMA in October 2024

The agreement requires CARB to present a proposal to repeal the High-Priority Fleet and Drayage Fleet Requirements of the ACF regulation in a public hearing no later than Oct. 31, 2025. Additionally, CARB agrees not to take any enforcement action under the High-Priority Fleet or Drayage Fleet Requirements during the repeal process. Once this is done, NTEA said it would voluntarily dismiss its complaint.

“This resolution marks a significant win for our members and the entire commercial vehicle industry,” said Steve Carey, NTEA president & CEO. “Ultimately, work trucks must be available, capable and affordable. Our concern was never about the goal of cleaner vehicles — it was about how to realistically get there. NTEA has long advocated for achievable solutions that align with the real-world applications of commercial vehicles, and this outcome helps ensure our members can continue to build and supply the vehicles that are essential for commerce.”

The ACF had a stipulation that only zero-emission drayage trucks may register in the Truck Regulations Upload, Compliance, and Reporting System (TRUCRS) as of 2024. The rule also pushed for all drayage trucks entering seaports and intermodal railyards to be zero-emissions by 2035, and that high-priority fleets must submit a compliance report and phase zero-emission vehicles into their California fleets based on two schedules.

Now, California courts have agreed that the lawsuit will be held in abeyance with the courts until CARB formally repeals the regulation as required by the agreement between CARB, the California Attorney General, NTEA, and SEMA.