Greetings to the California Air Resources Board,
I recently requested a waiver or variance to satisfy the
requirement that the Neighborhood Electric Vehicle as defined by
2009 California Vehicle Code - Section 21250-21266 that I purchased
was permitted by the California Air Resources Board as a
Neighborhood Electric Vehicle. The purpose of this waiver or
variance is to satisfy the California Department of Motor
Vehicle’s requirement for registration and licensing. I
have submitted many files, documents and photos regarding the
purchase of this vehicle through the helpline@arb.ca.gov email
address. I spoke with Mr. John Swanton via telephone about my
issue. Mr. Swanton appeared to steer me away from owning my
Neighborhood Electric Vehicle any longer. He suggested that I
stick the seller of this vehicle with a Neighborhood Electric
Vehicle that has degraded absorbed glass matting batteries, due to
sitting in my driveway for last 6 months. I feel that this is
a self-serving solution that is not fair.
I have read Governor Newsom’s
Executive Order N-79-20 in its entirety. I believe that I
understand it. In that document, it does not state that I
cannot order a Neighborhood Electric Vehicle online and have it
delivered to my residence like any other consumer item. The
California Department of Motor Vehicle’s website does not
prohibit this practice as well. I have searched the world
wide web and various state websites, I have never seen a list of
approved Neighborhood Electric Vehicles. Prior to purchasing
this vehicle, I read:
•
California Senate Bill -1151 NEV.
•
SANDAG Regional Mobility Hub Strategy Plan
•
Civic Technologies’ White Paper on Neighborhood Electric
Vehicles
•
South Bay Cities Council of Government’s Zero Emission Local
Use Vehicles,
The Neglected Sustainable Transportation Mode Report
•
California Governor’s Office of Planning & Research
Zero-Emission Vehicles
In California:
Community Readiness Guidebook
•
Governor’s Office of Business & Economic Development
California Zero-
Emission Vehicle
Market Development Strategy Plan
None of the above publications outlined the process for obtaining a
Neighborhood Electric Vehicle. None of these publications
provided a list of approved Neighborhood Electric Vehicles.
These publications stated that a Neighborhood Electric Vehicle must
have a 17-digit vehicle identification number. They also
listed the other requirements such as a top speed of 25 mile per
hour and must have four wheels and weigh less than 3,000 pounds
loaded. I purchased this vehicle with the intention of using
it as a last mile solution to the poor access that I have to public
transportation and for local errands. This vehicle is powered
by electricity stored in six (6) 12 VDC absorbed glass matting
batteries that supplies a 5kW electric motor. This
Neighborhood Electric Vehicle complies with Governor Newsom’s
Executive Order outlining California's plan to electrify all
vehicles by 2035 (N-79-20).
The telephone conversation between Mr.
Swanton and I on 27 May 2022 was distressing. Mr. Swanton has
caused me to lose confidence in my state government. Mr.
Swanton feels that the state of California has the right to impose
arbitrary “policies” that I do not have access to;
regarding my choice of Neighborhood Electric Vehicle. I did
everything right. I exercised due diligence and researched my
purchase. I looked for, and did not find guidance from the
state of California before, during, and after the purchase of this
vehicle. Governor Newsom’s Executive Order
N-79-20 mandates in section 9, “The State Air Resources
Board, in consultation with other State agencies, shall develop and
propose strategies to continue the State's current efforts to
reduce the carbon intensity of fuels beyond 2030 with consideration
of the full life cycle of carbon.” My understanding of
this issue viewed under the lens of Executive Order N-79-20 would
be to grant a waiver or variance. A variance or waiver would
allow me to register and utilize a vehicle that does not produce
emissions. Additionally, a waiver or variance would prevent
further economic and environmental impact by allowing me to utilize
a Neighborhood Electric Vehicle in place of an internal combustion
engine powered vehicle.
Lastly, I am shocked that the state of
California has not published a comprehensive website or FAQ that
addresses consumer issues regarding Neighborhood Electric
Vehicles. Why would the California Air Resources Board not
live up to its mission statement? “CARB's mission is to
promote and protect public health, welfare, and ecological
resources through effective reduction of air pollutants while
recognizing and considering effects on the economy. CARB is the
lead agency for climate change programs and oversees all air
pollution control efforts in California to attain and maintain
health-based air quality standards.” My only
question is how can the California Air Resources Board justify
preventing a California resident from transitioning to a carbon
neutral vehicle from an internal combustion engine powered
vehicle? I thank you for your time.