California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 8 - Clean Fuels Program › Section 2308 - Constructive Allocation of Retail Clean Fuel Outlets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any owner/lessor of a retail gasoline
				outlet, and any person who is the owner/lessor of a retail clean fuel outlet
				which is not a retail gasoline outlet, may constructively allocate one or more
				retail clean fuel outlets to the owner/lessor of a retail gasoline outlet, for
				purposes of demonstrating compliance with the requirements in section
				2302, as long as the requirements
				of this section are met.
(b) Any
				agreement to constructively allocate a retail clean fuel outlet pursuant to
				this section shall be in writing. The constructive allocation shall be in
				calendar year increments, and shall not cover less than one calendar year. The
				agreement shall be executed before the start of the first year of constructive
				allocation covered by the agreement.
(c) A retail clean fuel outlet may not be
				constructively allocated unless it meets any applicable dispensing capacity
				requirements set forth in section
				2302(b).
(d) If the retail clean fuel outlet being
				constructively allocated is not a retail gasoline outlet, the person making the
				constructive allocation shall obtain prior approval from the executive officer.
				The executive officer shall approve the constructive allocation if s/he
				determines that the facility is adequately accessible for fueling motor
				vehicles by the general public with the designated clean fuel.
(e) Any person who constructively allocates a
				retail clean fuel outlet for a designated clean fuel shall be deemed to be the
				owner/lessor of that retail clean fuel outlet and shall be subject to the
				requirements of sections
				2309(b) and
				(c)(1) during the period covered by the
				constructive allocation agreement.
(f) The owner/lessor of any retail clean fuel
				outlet which is constructively allocated shall notify the operator in writing
				that it is claimed to be equipped in order to satisfy the requirements of
				section 2302, as applicable.
(g) Any person who constructively allocates a
				retail clean fuel outlet to an owner/lessor shall submit a report to the
				executive officer by January 10 of each year covered by the constructive
				allocation agreement. The report shall be executed in California under penalty
				of perjury and shall contain the following information.
(1) The name, address and telephone number of
				the person making the constructive allocation.
(2) The street address of each retail clean
				fuel outlet constructively allocated, the type of designated clean fuel
				dispensed at the outlet, the business interest in the outlet of the person
				making the constructive allocation, and the brand, trade, or other name under
				which the business at the outlet is conducted.
(3) For each constructively allocated retail
				clean fuel outlet, the name and address of the owner/lessor to whom the outlet
				was constructively allocated, and the starting and ending dates of the
				constructive allocation.
(4) The
				name of the operator of the retail clean fuel outlet.