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California needs an Advanced Clean Fleet standard that achieves
100% pollution-free truck sales by 2035 at the latest, closes the
drayage loophole, and mandates the retirement of old trucks.

These components will help California take a huge step forward in
cutting pollution from the transportation sector, the state's #1
source of greenhouse gas emissions.

In addition to addressing California's worsening climate crisis and
improving the health and quality of life of low-income communities,
an Advanced Clean Fleet standard that ensures 100% of new truck
sales are pollution-free by 2035 can address the chronic
exploitation of truck drivers by fleet owners. Now is our
chance--as we clean up polluting trucks--to clean up unfair labor
practices that harm families and hinder the transition to an
all-electric truck fleet.

One of the major barriers to the successful implementation of new
clean truck standards is the common trucking industry practice of
classifying (and often misclassifying) truck drivers as independent
contractors rather than employees. Misclassification is widespread.
Over 500 Labor Commission investigations found trucking companies
misclassified drivers to benefit their bottom lines with unfair
labor practices. Furthermore, it continues to be the dominant model
in port drayage, specifically (up to 90% of operated vehicles), and
other trucking sectors such as last-mile delivery, long-haul, and
specialized short-haul segments.

Misclassification impedes compliance with California's climate and
clean air goals. As a result of the systematic barriers
misclassified truck drivers face, only 61% of contracted drivers
meet California's Truck and Bus Emissions Rule  (in comparison to
83% at large fleets). This is an equity issue for drivers who tend
to be from low-income communities and communities of color, who
disproportionately bear the economic and health burdens of
polluting technologies. It is also an equity issue to the cost
effects on compliance. Low compliance with clean fleet rules are
due to misclassified drivers being unable to afford to upgrade to
cleaner, more efficient trucks. This in turn leads to higher
particulate matter pollution, mainly from diesel-powered trucks,
that are concentrated in communities of color where ports,
railyards, and warehouses are located.

The advanced truck fleet standard presents a once-in-a-generation
opportunity for CARB to address the exploitation of truck drivers,
which would revitalize local economies and improve health and
living conditions in environmental justice communities.
Misclassification must be addressed by maintaining a database of
all drayage fleets, using the "common ownership and control"
definition to identify the "fleet." CARB should also work with the
California Workforce Development Board to require a high-road labor
criterion as part of the proposed ZEV Fleet Certification. 

Original File Name:

Date and Time Comment Was Submitted: 2021-09-10 08:03:37