39690. (a) Beginning with the 2022–23 fiscal year, and each fiscal year thereafter, a fleet purchaser of new drayage and short-haul trucks is eligible to participate in an incentive program subject to this chapter if it can demonstrate that it does not have any applicable law violation at the time of applying for the incentive, is not on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code, and attests it will retain direct control over the manner and means for performance of any individual using or driving the vehicle.
(b) In order to comply with subdivision (a), a fleet purchaser shall attest in writing to all of the following:
(1) That it does not have any applicable law violations at the time of applying for the incentive.
(2) That it will maintain compliance with applicable laws for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer.
(3) That it will retain direct control over the manner and means for performance of any individual using or driving the vehicle for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer.
(c) A fleet purchaser that receives an incentive as a grant, loan, or other form of agreement shall, on a yearly basis, for the life of the contract entered into pursuant to Section 39687, disclose or provide to the state board all of the following:
(1) An attestation in writing that it has done both of the following:
(A) Maintained compliance with applicable laws and does not have any applicable law violations.
(B) Maintained direct control of the individuals operating the vehicle, and maintained full ownership and operational control of the vehicle.
(2) A copy of any judgments, rulings, citations, decisions, orders, or awards finding that the fleet purchaser or any parent company or subsidiary or other commonly controlled entity has applicable law violations as of the date of the disclosure made pursuant to this subdivision.
(3) A list of all operating authorities under which the vehicle purchased will be or was operated.
(4) A certification that the fleet purchaser has completed all required maintenance and upkeep on the vehicle purchased with the incentive.
(d) A fleet purchaser that is on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code is not eligible to participate in an incentive program subject to this chapter.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)