For purposes of this chapter, the following definitions apply: (a) âAdministering agencyâ means an agency administering an incentive program subject to this chapter. (b) âApplicable lawâ means California laws within the Labor and Workforce Development Agencyâs jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workersâ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code. (c) âApplicable law violationâ means a violation that has a final determination, order, judgment, or award issued against a fleet purchaser of vehicles for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made. (d) âClean air standardsâ include the standards that the state board sets to reduce air pollution or reduce emissions of greenhouse gases pursuant to this division or Division 25.5 (commencing with Section 38500). (e) âFleet operationsâ include, but are not limited to, port drayage service and short-haul transport of goods. The state board may adopt guidance to interpret the scope of these operations to conform with law. (f) âIncentiveâ includes a grant, loan, voucher, or other incentive, regardless of the source of revenue that funds the incentive, for the purchase of new drayage and short-haul trucks, except for revenue subject to provisions that supersede this chapter, including, but not limited to, revenues from settlement agreements, court orders, and consent decrees. (g) âShort-haul trucking serviceâ means movement of goods by truck within a 150-air-mile radius of the normal working reporting location while in service within the state. (h) âRental or leasing entityâ means an entity in the trade or business of renting or leasing, as described in subdivision (a) of Section 10103 of the Commercial Code, vehicles to other persons who are renters or lessees for use or operation by renters or lessees. âRental or leasing entityâ does not include an entity whose primary purpose is to rent or lease vehicles to an affiliated motor carrier, including a parent company or subsidiary.
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