California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.16 - Remediation Fund Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section sets forth the criteria for CARB approval of
						an entity to administer a remediation fund for individual ports and independent
						marine terminals, and the requirements for approved administrators to manage
						those funds. The intent of the remediation fund is to mitigate the community
						impact of the excess emissions from vessel visits that did not reduce emissions
						at berth to the required levels, as set forth under section
						93130.15. To be eligible for use
						under this Control Measure, the monies from the remediation fund must (1) fund
						incentive activities that comply with adopted CARB guidelines on existing
						incentive programs; and (2) achieve emission reductions that are early or in
						excess of any other state, federal or international rule, regulation, statute,
						or any other legal requirement (including any requirement under a Memorandum of
						Understanding with a government entity) or an emission reduction strategy
						identified in an AB 617 Community Emissions Reduction Program that has been
						approved by CARB's Board. As used in this section, the term "guidelines" refers
						to CARB funding program guidance documents, including CARB funding program
						related documents titled either as "guidelines" or as "blueprints,", as
						described in subsection (h)(3) below.
(a) CARB staff shall notify the following
					 entities in writing regarding the opportunity to apply to administer the
					 remediation funds: the California Air Pollution Control Officers Association
					 (CAPCOA), and the local air quality management districts and air pollution
					 control districts with jurisdiction in the communities adjacent to ports and
					 independent marine terminals that are subject to this Control
					 Measure.
(b) Each district may
					 elect to submit a written application, within 120 calendar days of
					 notification, to the Executive Officer to administer remediation funds for that
					 district's geographic area.
(c)
					 Applications shall include the following information:
(1) Description of the applicant's experience
					 implementing incentive programs for heavy-duty diesel vehicles and off-road
					 equipment, with a focus on the Carl Moyer Memorial Air Quality Standards
					 Attainment Program, also known as the Carl Moyer Program; the incentive program
					 developed under the Highway Safety, Traffic Reduction, Air Quality and Port
					 Security Bond Act of 2006, also known as the Proposition 1B Program; the
					 incentive program developed under Assembly Bill (AB) 617 (Garcia, Stats. 2017,
					 ch. 136), also known as the Community Air Protection Incentives; or similar
					 programs for mobile and/or stationary sources of air pollution.
(2) Description of the applicant's technical
					 knowledge of engines, vehicles, equipment, and/or stationary air pollution
					 sources that would be eligible for incentives.
(3) Description of the remediation activity
					 types and applicable CARB incentive program guidelines the fund administrator
					 will use to recruit, evaluate, select, fund, and track incentive
					 activities.
(4) Demonstration of
					 the applicant's capacity to administer the fund, including: personnel
					 resources; operating budgets; accounting and legal support; activity tracking,
					 emission reduction quantification, reporting mechanisms, and outreach
					 experience.
(5) The ability to
					 establish a separate account, and track deposits and payments, solely for the
					 remediation fund.
(6) The proposed
					 timeline for recruiting and funding incentive activities, and for those
					 activities becoming operational to reduce emissions, once remediation funds are
					 deposited into the applicant's separate account. For efficiency, these
					 milestones may be aligned with existing solicitations, obligation, and
					 liquidation deadlines for other incentive programs.
(7) Description of any other incentive or
					 funding programs with which any remediation funds may be combined. In funding
					 remediation activities, remediation funds may only be combined with funds from
					 other incentive programs to the extent that the emissions reductions caused by
					 the remediation fund are capable of being calculated and attributed to the
					 remediation fund. If funds would be combined in this manner, the application
					 shall demonstrate that the emissions reductions resulting from the remediation
					 fund can properly be attributed to, and claimed by, the remediation
					 fund.