reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95852.2 - Emissions Without a Compliance Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Emissions from the following source categories and from
						  the combustion of the following fuel types count toward applicable reporting
						  thresholds, as applicable in MRR, but do not count toward a covered entity's
						  compliance obligation set forth in this article unless those emissions are
						  reported as non-exempt biomass- derived CO2 under MRR.
						  Emissions without a compliance obligation include:
(a) CO2 emissions from
						combustion of the following biomass-derived fuels:
(1) The biogenic fraction of solid waste
						materials as reported under MRR;
(2) Waste pallets, crates, dunnage,
						manufacturing and construction wood wastes, tree trimmings, mill residues, and
						range land maintenance residues;
(3) All agricultural crops or
						waste;
(4) Wood and wood wastes
						identified to follow all of the following practices:
(A) Harvested pursuant to an approved timber
						management plan prepared in accordance with the Z'berg-Nejedly Forest Practice
						Act of 1973 or other locally or nationally approved plan; and
(B) Harvested for the purpose of forest fire
						fuel reduction or forest stand improvement.
(5) Biodiesel:
(A) Agri-biodiesel derived solely from virgin
						oils, including esters derived from virgin vegetable oils from corn, soybeans,
						sunflower seeds, cottonseeds, canola, cramble, rapeseeds, safflowers,
						flaxseeds, rice bran, mustard seeds, and camelina, and from animal
						fats.
(B) Biodiesel is defined as
						monoalkyl esters of long chain fatty acids derived from the following plant or
						animal matter that meets the requirements of the American Society of Testing
						Materials (ASTM) D6751-08 (Standard Specification for Biodiesel Fuel Blendstock
						(B100) for Middle Distillate Fuels, 2008):
1.
						Waste oils;
2. Tallow; or
3. Virgin oils.
(6) Fuel ethanol (including denaturant):
(A) Cellulosic biofuel produced from
						lignocellulosic or hemicellulosic material that has a proof of at least 150
						without regard to denaturants;
(B)
						Corn starch; or
(C) Sugar
						cane.
(7) The biogenic
						fraction of municipal solid waste as reported under MRR, including MSW directly
						combusted or converted to a cleaner-burning fuel;
(8) Biomethane and biogas from the following
						sources:
(A) All animal, plant and other
						organic waste; or
(B) Landfills and
						wastewater treatment plants;
(9) Renewable diesel.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95855 - Annual Compliance Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An entity has an annual compliance
						obligation for any year when the entity is a covered entity except for the
						condition specified in section
						95853(d);
						and
(b) The annual compliance
						obligation for a covered entity equals 30 percent of emissions with a
						compliance obligation reported from the previous data year that received a
						positive or qualified positive emissions data verification statement, or were
						assigned emissions pursuant to section
						95131 of MRR.
1. New
						  section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95856 - Timely Surrender of Compliance Instruments by a Covered Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A covered entity must surrender one
						compliance instrument for each metric ton of CO2e of GHG
						emissions for the annual and full compliance period compliance obligations
						calculated pursuant to this subarticle beginning with the emissions data report
						for 2013 emissions and each subsequent year in which the covered entity has a
						compliance obligation.
(b)
						Compliance Instruments Valid for Surrender.
(1) A compliance instrument listed in
						subarticle 4 may be used to satisfy a compliance obligation.
(2) To fulfill a compliance obligation, a
						compliance instrument issued pursuant to sections
						95820(a) and
						95821(a) must be
						issued from an allowance budget year within or before the year for which an
						annual compliance obligation is calculated or the last year of a compliance
						period for which a full compliance period compliance obligation is calculated,
						unless:
(A) The allowance is a Reserve
						Allowance or a non-vintage allowance issued by a program approved by ARB
						pursuant to section
						95941 as specified in section
						95821(a);
(B) The allowance is used to satisfy an
						excess emissions obligation; or
(C)
						The allowance is eligible for compliance use pursuant to sections
						95856(h)(1)(D)
						and 95856(h)(2)(D).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95857 - Untimely Surrender of Compliance Instruments by a Covered Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability.
(1) A covered entity or opt-in covered entity
						that does not meet the compliance deadline for surrendering its annual or full
						compliance period compliance obligation pursuant to section
						95856 is subject to the compliance
						obligation for untimely surrender as described in this section; and
(2) The compliance obligation for untimely
						surrender ("excess emissions") will not apply to a covered entity or opt-in
						covered entity which is determined to have transferred insufficient instruments
						to meet the compliance obligations of section
						95856 solely because of the
						invalidation of an ARB offset credit by the Executive Officer pursuant to
						section 95985 until six months after
						notice of invalidation.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95859 - Federal Clean Power Plan Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The federal Clean Power Plan (CPP) means
						Subpart UUUU of 40 CFR Part 60 (40 CFR §§
													60.5700 to
						60.5880) published in the Federal
						Register on October 23, 2015. The provisions of this section apply only if U.S.
						EPA has approved each provision as part of California's plan for compliance
						with the Clean Power Plan, as memorialized by publication in the Federal
						Register and Code of Federal Regulations.
(b) General Requirements for Electricity
						Generating Units Subject to CPP (affected EGUs). Beginning January 1, 2021, and
						thereafter, all entities that own or operate at least one CPP EGU located in
						California must:
(1) Be registered in the
						Cap-and-Trade Program pursuant to section
						95830 regardless of annual
						emissions level and remain registered for the duration of CPP regardless of
						cessation, annual emissions level, or any other factor;
(2) Report and verify emissions pursuant to
						MRR sections
						95160 to
						95163; and
(3) Be in compliance with section
						95856.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 8 - Disposition of Allowances › Section 95870 - Disposition of Vintage 2013-2020 Allowances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allowance Price Containment Reserve. Upon
						creation of the Allowance Price Containment Reserve Account, the Executive
						Officer shall transfer allowances to the Allowance Price Containment Reserve,
						as follows:
(1) One percent of the allowances
						from budget years 2013-2014;
(2)
						Four percent of the allowances from budget years 2015-2017; and
(3) Seven percent of the allowances from
						budget years 2018-2020.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 8 - Disposition of Allowances › Section 95871 - Disposition of Allowances from Vintage Year 2021 and Beyond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allowance Price Containment Reserve. The
						Executive Officer shall transfer the number of California GHG allowances from
						budget years 2021 to 2031 to the Allowance Price Containment Reserve as
						specified in Table 8-2.
(b) Advance
						Auction. The Executive Officer shall transfer 10 percent of the allowances from
						budget years 2021 and beyond to the Auction Holding Account.
(1) These allowances will be eligible to be
						sold pursuant to section
						95910(c)(2).
(2) All Advance Auction allowances not sold
						pursuant to section
						95910(c)(2) will
						be auctioned pursuant to section
						95910.
(3) The proceeds from the sale of these
						allowances will be deposited into the Greenhouse Gas Reduction Fund created
						pursuant to Government Code section
						16428.8,
						and will be available for appropriation by the Legislature for the purposes
						designated in California Health and Safety Code sections
						38500
						et seq. and consistent with the requirements of Chapter 4.1 (commencing with
						Section 39710) of Part 2 of Division 26 of
						the California Health and Safety Code and Article 9.7 (commencing with Section
						16428.8)
						of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government
						Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 9 - Direct Allocations of California GHG Allowances › Section 95891 - Allocation for Transition Assistance and Leakage Minimization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer shall determine the
						amount of allowances directly allocated to each eligible covered entity or
						opt-in covered entity using the product output-based allocation calculation
						methodology specified in section
						95891(b) if the
						entity conducts an activity listed in both Table 8-1 and Table 9-1. The
						Executive Officer shall determine the amount of allowances directly allocated
						to each eligible covered entity or opt-in covered entity using the energy-based
						allocation calculation methodology specified in section
						95891(c) if the
						entity conducts an activity listed in Table 8-1 but not listed in Table 9-1.
(1) New Entrant Industrial Allocation Without
						Leakage Risk. Covered facilities that do not have a leakage risk in Table 8-1
						are eligible to receive allocated allowances under the new entrant energy-based
						allocation methodology pursuant to section
						95891(c)(2) if
						the first three digits of the facility NAICS code matches a NAICS code in Table
						8-1. The leakage risk classification for these new entrant facilities shall be
						low until a leakage risk classification is added to Table 8-1 for the
						industrial activity in which the facility operates. Food processors that are
						only classified by a three digit NAICS code are exempt from this classification
						and shall have the same leakage risk as the general 311 food processing NAICS
						code in Table 8-1.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 9 - Direct Allocations of California GHG Allowances › Section 95892 - Allocation to Electrical Distribution Utilities for Protection of Electricity Ratepayers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Allocation to Individual Electrical Distribution Utilities.
(1) 2013-2020 Allocation. The allowances
						allocated to each electrical distribution utility from each budget year 2013
						through 2020 shall be the electrical distribution utility sector allocation
						calculated pursuant to section
						95870(d) for the
						budget year multiplied by the percentage allocation factors specified in Table
						9-3, or the quantity of allowances in Table 9-3A.
(2) 2021-2030 Allocation. The number of
						allowances allocated to each electrical distribution utility from each budget
						year 2021 through 2030 shall be the amount shown in Table 9-4.
(3) Allowance Allocation Designated for EIM
						Purchaser Emissions. For allowance allocation from budget year 2021 and
						subsequent years to electrical distribution utilities that are EIM Purchasers,
						the Executive Officer shall directly retire a portion of the allowance
						allocation for each electrical distribution utility in the amount of its EIM
						Purchaser emissions for the most recent data year, pursuant to sections
						95852(I)(2)-(3).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 9 - Direct Allocations of California GHG Allowances › Section 95893 - Allocation to Natural Gas Suppliers for Protection of Natural Gas Ratepayers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allocation to
						Individual Natural Gas Suppliers. For each budget year, each natural gas
						supplier's allocation will be calculated as follows. Any allowances allocated
						to natural gas suppliers must be used exclusively for the benefit of retail
						ratepayers of each such natural gas supplier, consistent with the goals of AB
						32, and may not be used for the benefit of entities or persons other than such
						ratepayers.
As,t
=
E2011 *
						  ct
Where:
"As,t" is the amount of
						  California GHG allowances directly allocated to the natural gas supplier "S"
						  from budget year "t";
"E2011" is the emissions for
						  natural gas supplier "S" for data year 2011, as calculated using the compliance
						  obligation calculation methods under section
						  95852(c);
						  and
"ct" is the adjustment factor
						  for natural gas suppliers for budget year "t" to account for cap decline as
						  specified in Table 9-2.
(b)
						Transfer to Natural Gas Supplier Accounts.
(1)
						When a natural gas supplier as defined in section
						95811(c) is
						eligible for a direct allocation, it shall inform the Executive Officer by
						September 1 of the amount of allowances to be placed into its compliance
						account and limited use holding account with the following constraints. If an
						entity fails to submit its distribution preference by this deadline, ARB will
						automatically place all directly allocated allowances for the following budget
						year in the entity's limited use holding account:
(A) The quantity of allowances placed into
						the limited use holding account will equal at least the amount of allowances
						provided in section
						95893(a)
						multiplied by the applicable percentage in Table 9-5 or Table 9-6, rounded down
						to the nearest whole allowance.
(B)
						The remaining allowances from the total allowances allocated in section
						95893(a) which
						are not placed into the limited use holding account will be placed into the
						entity's annual allocation holding account to be transferred by the Executive
						Officer into the entity's compliance account pursuant to section
						95831(a)(6).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 9 - Direct Allocations of California GHG Allowances › Section 95894 - Allocation to Legacy Contract Generators for Transition Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Demonstration
						of Eligibility. Opt-in covered entities are not eligible for transition
						assistance due to legacy contract emissions. To be eligible to receive a direct
						allocation of allowances under this section, the primary or alternate account
						representative of a legacy contract generator with an industrial counterparty
						or a legacy contract generator without an industrial counterparty shall submit
						the following in writing via certified mail to the Executive Officer by June 1
						of each year as applicable:
(1) A letter to
						ARB stating covered entity's name and ARB ID, identity of legacy contract
						counterparty, and statement requesting transition assistance for the previous
						data year's legacy contract emissions.
(A)
						Previous data year's legacy contract emissions, pursuant to section
						95894(c).
(B) 2012 data year's legacy contract
						emissions, pursuant to section
						95894(d).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 9 - Direct Allocations of California GHG Allowances › Section 95895 - Allocation to Public Wholesale Water Agencies for Protection of Water Ratepayers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Allocation to Public Wholesale Water Agencies. The allowances allocated to each
						public wholesale water agency from each budget year from 2015 through 2020
						shall be the amount specified in Table 9-7. Allowance allocation shall be
						transferred to the annual allocation holding account for each public wholesale
						water agency. The Executive Officer shall transfer allowances in the annual
						allocation holding account to the compliance account on January 1 of the
						vintage year of the allowances.
(b)
						The allowances allocated to each public wholesale water agency from each budget
						year from 2021 and subsequent years shall be calculated as follows:
At = 47,853 x
						  ct
Where:
"At" is the allowance allocation
						  to a public wholesale water agency from budget year "t"; and
"ct" is the adjustment factor
						  for standard activities for budget year "t" in Table 9-2.
Table 9-7: Allocation to Each Public
						  Wholesale Water Agency
Agency
									 Name
Annual
									 Allocation
2015
2016
2017
2018
2019
2020
Metropolitan Water
								  District
182,499
133,065
57,180
42,323
41,502
40,723
1. New
						  section filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 26).
2. Amendment of Table 9-5 (within
						  subsection (a)) filed 12-31-2014; operative 1-1-2015 pursuant to Government
						  Code section
						  11343.4(b)(3)
						  (Register 2015, No. 1).
3. Amendment filed 9-18-2017; operative
						  10-1-2017 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2017, No. 38).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95910 - Auction of California GHG Allowances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Timing of the Allowance Auctions.
						Auctions shall be conducted on the schedule pursuant to Appendix C. The
						schedule may be adjusted by a maximum of 4 business days from the dates listed
						in Appendix C.
(b) An allowance may
						be designated for auction prior to or after its vintage year.
(c) Allowances from future vintages will be
						auctioned separately from allowances from current and previous vintages each
						quarter.
(1) Auction of Allowances from the
						Current and Previous Budget Years.
(A) This
						auction will be known as the Current Auction.
(B) One quarter of the allowances allocated
						for auction from the current calendar year's budget will be designated for sale
						at each Current Auction.
(C) The
						Current Auction may include allowances consigned to auction pursuant to section
						95910(d) that
						have a vintage equal or prior to the current budget year.
(D) Allowances from the current and previous
						budget years which remained unsold at previous auctions will be designated for
						the Current Auction pursuant to section
						95911(f)(3).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95911 - Format for Auction of California GHG Allowances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Auction Bidding Format.
(1) The auction will consist of a single
						round of bidding.
(2) Bids will be
						sealed.
(3) Bid quantities must be
						submitted as multiples of 1,000 California GHG allowances.
(4) Entities registered into the California
						Cap-and-Trade Program must submit bids in U.S. dollars and whole
						cents.
(5) The allowances for
						auction in section
						95911(a)(3) will
						also include allowances from a jurisdiction operating an External GHG ETS
						system to which California has linked pursuant to subarticle
						12.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95912 - Auction Administration and Participant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administration of the Auctions.
(1) The Executive Officer may serve as
						auction administrator or designate an entity to serve as auction
						administrator.
(2) The Executive
						Officer may serve as financial services administrator or may designate a
						qualified financial services administrator to conduct all financial
						transactions required by this article.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95913 - Sale of Allowances from the Allowance Price Containment Reserve

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
						Officer may serve as reserve sale administrator to conduct sales from the
						Allowance Price Containment Reserve (Reserve) or designate an entity to serve
						as reserve sale administrator. The financial services administrator designated
						by the Executive Officer pursuant to section
						95912(a) will
						conduct the financial transactions required to operate sales from the
						Reserve.
(b) Entities registered in
						an External GHG ETS to which California has linked pursuant to subarticle 12
						are not eligible to purchase from the California Reserve.
(c) Only entities registered into the
						California GHG Cap-and-Trade Program as provided in sections
						95811 or
						95813 shall be eligible to
						purchase allowances from the Reserve. Prior to participating in a Reserve sale,
						any primary or alternate account representative that will be submitting bids on
						behalf of entities eligible to participate in Reserve sales must have already
						submitted any additional information required by the financial services
						administrator.
(d) Timing of
						Reserve Sales.
(1) Reserve sales shall be
						conducted pursuant to the schedule in Appendix C.
(A) Except for the Reserve sale immediately
						preceding the compliance obligation instrument surrender deadline on November
						1, a Reserve sale will only be offered if the Current Auction held in the
						preceding quarter resulted in a settlement price greater than or equal to 60%
						of the lowest Reserve tier price. The Executive Officer may revise the timing
						of reserve sales, including the date an entity must inform the Reserve Sale
						Administrator of its intent to participate in a reserve sale pursuant to
						section 95913(f) and the
						date an entity must submit to the financial services administrator a bid
						guarantee pursuant to section
						95913(g), by up
						to four business days.
(B) The
						Reserve sale immediately preceding the compliance obligation instrument
						surrender on November 1 of each year will always be offered.
(C) A Reserve sale will be conducted only if
						at least one entity that intends to participate in the Reserve sale informs the
						Reserve Sale Administrator at least 20 days prior to the scheduled Reserve sale
						and submits a bid guarantee to the financial services administrator at least 12
						days before the scheduled Reserve sale.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95914 - Auction Participation and Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer may cancel or
						restrict a previously approved auction participation application or reject a
						new application if the Executive Officer determines that an entity has:
(1) Provided false or misleading
						facts;
(2) Withheld material
						information from its application or account application information listed in
						section 95830, with material meaning
						information that could influence a decision by the Executive Officer, the
						Board, or the Board's staff;
(3)
						Violated any part of the auction rules pursuant to subarticle 10;
(4) Violated the registration requirements
						pursuant to subarticle 5; or
(5)
						Violated the rules governing trading pursuant to subarticle
						11.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Section 95915 - Price Ceiling Sales

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Administration of Price Ceiling Sales.
(1) The
						Executive Officer may serve as sale administrator to conduct price ceiling
						sales or designate an entity to serve as the sale administrator.
(2) The Executive Officer may designate a
						financial services administrator to conduct the financial transactions required
						to operate price ceiling sales.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Entity Information
Legal Name
Operating Name
U.S. Federal Tax Employer Identification Number
Value Added Tax Identification Number
Data Universal Numbering System Number
Date of incorporation
Place of Incorporation:
Country of Incorporation
Business Number (Assigned by California Agency)
Physical Address (City, State, postal code)
Mailing Address (City, State, postal code)
Country
Contact Information (Name, address, phone,
						  email)
Entity Information
Website Address
Type of Organization
Individual Information
First Name
Middle Name
Last Name
Personal Residence Address
Phone number
Email
Social Security Number
Date of Birth
Citizenship
Employer Name
Employer Address
Copy of a valid identity card issued by a state or
						  province with an expiration date
Copy of a government-issued identity document
Copy of a Passport
Documentation of an open bank account
Documentation of any felony convictions during the
						  previous five years
1. New
						  appendix A filed 8-29-2012; operative 9-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2012, No. 35).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 10 - Auction and Sale of California Greenhouse Gas Allowances › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Entity Information
Legal Name
Operating Name
U.S. Federal Tax Employer Identification
									 Number
Value Added Tax Identification
									 Number
Data Universal Numbering System
									 Number
Date of incorporation
Place of Incorporation:
Country of Incorporation
Business Number (Assigned by California
									 Agency)
Physical Address (City, State, postal
									 code)
Mailing Address (City, State, postal
									 code)
Country
Contact Information (Name, address, phone,
									 email)
Website Address
Type of Organization
First Name
Middle Name
Last Name
Personal Residence Address
Phone number
Email
Social Security Number
Date of Birth
Citizenship
Employer Name
Employer Address
Copy of a valid identity card issued by a state
									 or province with an expiration date
Copy of a government-issued identity
									 document
Copy of a Passport
Documentation of an open bank
									 account
Documentation of any felony convictions during
									 the previous five years
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 11 - Trading and Banking › Section 95921 - Conduct of Trade

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Transfers of Compliance Instruments Between Accounts.
(1) Except when a transfer is undertaken by
						the Executive Officer, the accounts administrator will not register a transfer
						of compliance instruments between accounts into the tracking system until the
						administrator receives a transfer request that the Executive Officer has
						determined meets the requirements of this article.
(A) To initiate the process, the primary
						account representative or an alternate account representative of the source
						account for the transfer must submit a transfer request to the accounts
						administrator.
(B) The primary
						account representative or another alternate account representative for the same
						entity must confirm the transfer request to the accounts administrator within
						two days of the intitial submission of the transfer request.
(C) The primary account representative or an
						alternate account representative for the destination account must confirm the
						transfer request to the accounts administrator within the time remaining in the
						three days following the intitial submission of the transfer request in section
						95921(a)(1)(A).
(D) The Executive Officer must determine
						whether the transfer request and the transaction for which the transfer request
						was submitted meet the requirements of this article based on the information
						available at the time of approval.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 11 - Trading and Banking › Section 95922 - Banking, Expiration, and Voluntary Retirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allowances Issued for a Current or
						Previous Compliance Period. A CA GHG allowance or an allowance issued by an
						approved GHG ETS pursuant to subarticle 12 may be held ("banked") by an entity
						registered pursuant to section
						95830.
(b) Allowances Issued for a Future Compliance
						Period. A CA GHG Allowance or an allowance approved pursuant to subarticle 12
						issued from an allowance budget year within a future compliance period may be
						held by an entity registered pursuant to section
						95830.
(c) Expiration of Compliance Instruments. A
						California compliance instrument does not expire and is not retired in the
						tracking system until:
(1) It is surrendered
						by a covered entity or opt-in covered entity and retired by the Executive
						Officer;
(2) An entity voluntarily
						submits the instrument to the Executive Officer for retirement; or
(3) The instrument is retired by an approved
						external GHG emissions trading system to which the Cap-and-Trade Program is
						linked pursuant to subarticle 12.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 11 - Trading and Banking › Section 95923 - Disclosure of Cap-and-Trade Consultants and Advisors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A "Cap-and-Trade Consultant or Advisor"
						is a person or entity that is not an employee of an entity registered in the
						Cap-and-Trade Program, but is providing the services listed in section
						95979(b)(2) of
						the Cap-and-Trade Regulation or section
						95133(b)(2) of
						the Mandatory Reporting Regulation in relation to the Cap-and-Trade Program or
						MRR and specifically for the entity registered in the Cap-and-Trade Program,
						regardless if the Consultant or Advisor is acting in the capacity of an offset
						or MRR verifier.
(b) An entity
						employing Cap-and-Trade Consultants or Advisors defined pursuant to 95923(a)
						must disclose the following information for each Cap-and-Trade Consultant or
						Advisor:
(1) Information to identify the
						Cap-and-Trade Consultant or Advisor, including:
(A) Name;
(B) Contact information;
(C) Physical work address of the
						Cap-and-Trade Consultant or Advisor; and
(D) Employer, if
						applicable.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 12 - Linkage to External Greenhouse Gas Emissions Trading Systems › Section 95940 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A compliance instrument issued by an external
						  greenhouse gas emissions trading system (GHG ETS) may be used to meet the
						  requirements of this Article if the external GHG ETS and the compliance
						  instrument have been approved pursuant to this section and section
						  95941.
1. New
						  subarticle 12 (sections
						  95940-95943) and section filed
						  12-13-2011; operative 1-1-2012 pursuant to Government Code section
						  11343.4
						  (Register 2011, No. 50).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 12 - Linkage to External Greenhouse Gas Emissions Trading Systems › Section 95941 - Procedures for Approval of External GHG ETS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may approve a linkage with an external GHG
						  ETS after complying with relevant provisions of the Administrative Procedure
						  Act (Government Code sections
						  11340 et
						  seq.) and after the Governor of California has made the findings required by
						  Government Code section
						  12894(f).
						  Provisions set forth in this Article shall specify which compliance instruments
						  issued by a linked GHG ETS may be used to meet a compliance obligation under
						  this Article.
1. New
						  section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
2. Amendment of section and NOTE filed
						  9-18-2017; operative 10-1-2017 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2017, No. 38).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code; and Section
							 12894,
							 Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 12 - Linkage to External Greenhouse Gas Emissions Trading Systems › Section 95943 - Linked External GHG ETS or External GHG Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to section
						95941, covered or opt-in covered
						entities may use compliance instruments issued by the following programs to
						meet their compliance obligation under this article:
(1) Government of Quebec (effective January
						1, 2014).
(2) Government of Ontario
						(effective January 1, 2018 through June 15, 2018). Compliance instruments
						issued by the Government of Ontario that are held in California covered entity,
						opt-in covered entity, and general market participant accounts, or that are
						held in approved external GHG ETS (other than Ontario) covered entity, opt-in
						covered entity, and general market participant accounts, as of June 15, 2018
						continue to remain valid for compliance and trading
						purposes.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 12 - Linkage to External Greenhouse Gas Emissions Trading Systems › Section 95944 - Retirement-Only Limited Linkage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may approve a Retirement-Only
						Limited Linkage with an external GHG ETS pursuant to the procedure in section
						95941.
(1) A Retirement-Only Limited Linkage allows
						California covered or opt-in covered entities to arrange for the retirement of
						compliance instruments in the linked GHG ETS and to obtain approval from the
						Executive Officer for credit towards their compliance obligation.
(2) The Board approval will specify the types
						of compliance instruments from the linked GHG ETS that may be used to meet a
						compliance obligation under this Article.
(3) The Board approval may specify
						limitations on the use of compliance instruments from the linked GHG ETS, such
						as quantitative use restrictions.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 12 - Linkage to External Greenhouse Gas Emissions Trading Systems › Section 95945 - Retirement-Only Agreements with External GHG Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may approve a Retirement-Only
						Agreement with an external GHG program after complying with relevant provisions
						of the Administrative Procedure Act (Government Code sections
						11340 et
						seq.).
(1) A Retirement-Only Agreement allows
						entities registered with an external GHG program to arrange retirement of
						California compliance instruments for credit towards their compliance
						obligation in the external GHG program.
(2) The Retirement-Only Agreement will
						specify the types of compliance instruments eligible for retirement.
(3) The Retirement-Only Agreement may contain
						limitations on the retirement of California compliance instruments by entities
						registered with the external GHG program.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 13 - ARB Offset Credits and Registry Offset Credits › Section 95970 - General Requirements for ARB Offset Credits and Registry Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Offset Project Operator or Authorized Project
						  Designee must ensure the requirements for ARB offset credits and registry
						  offset credits are met as follows:
(a)
						A registry offset credit must:
(1) Represent a
						GHG emission reduction or GHG removal enhancement that is real, additional,
						quantifiable, permanent, verifiable, and enforceable;
(2) Result from the use of a Compliance
						Offset Protocol that meets the requirements of section
						95972 and is adopted by the Board
						pursuant to section
						95971;
(3) Result from an offset project that meets
						the requirements specified in section
						95973;
(4) Result from an offset project that is
						listed pursuant to section
						95975;
(5) Result from an offset project that
						follows the monitoring, reporting and record retention requirements pursuant to
						section 95976;
(6) Result from an offset project that is
						verified pursuant to sections
						95977 through
						95978; and
(7) Be issued pursuant to section
						95980.1 by an Offset Project
						Registry approved pursuant to section
						95986.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Subarticle 13 - ARB Offset Credits and Registry Offset Credits › Section 95971 - Procedures for Approval of Compliance Offset Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall provide public notice of
						and opportunity for public comment prior to approving any Compliance Offset
						Protocols, including updates or modifications to existing Compliance Offset
						Protocols.
(b) All Compliance
						Offset Protocols shall be reviewed and periodically revised, if needed, in
						compliance with the California Administrative Procedure Act, if
						applicable.
1. New
						  section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
2. Change without regulatory effect
						  amending subsection (b) filed 2-15-2012 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2012, No. 7).
3. Amendment of subsection (b)
						  filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 26).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code.