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 95853 - Calculation of Covered Entity's Full Compliance Period Compliance Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A covered
						entity that exceeds the threshold in section
						95812 in any of the four data
						years preceding the start of a compliance period is a covered entity for the
						entire compliance period. The covered entity's full compliance period
						compliance obligation in this situation is calculated as the total of the
						emissions with a compliance obligation that received a positive or qualified
						positive emissions data verification statement, or were assigned emissions
						pursuant to section
						95131 of MRR from all data years
						of the compliance period.
(b) A
						covered entity that initially exceeds the threshold in section
						95812 in the first year of a
						compliance period is a covered entity for the entire compliance period. The
						covered entity's full compliance period compliance obligation in this situation
						is calculated as the total of the emissions that received a positive or
						qualified positive emissions data verification statement, or were assigned
						emissions pursuant to section
						95131 of MRR from all data years
						of the compliance period.
(c) A
						covered entity that initially exceeds the threshold in section
						95812 in the second year of a
						compliance period is a covered entity for the second and any remaining years of
						this compliance period. The covered entity's full compliance period compliance
						obligation in this situation is calculated as the total of the emissions that
						received a positive or qualified positive emissions data verification
						statement, or were assigned emissions pursuant to section
						95131 of MRR for the second and
						any remaining data years of the compliance period.
(d) A covered entity that initially exceeds
						the threshold in section
						95812 in the final year of a later
						compliance period has a compliance obligation for its emissions that received a
						positive or qualified positive emissions data verification statement, or were
						assigned emissions pursuant to section
						95131 of MRR for that year, but
						the entity's full compliance period compliance obligation for the current
						compliance period is not due the following year. Instead the entity's reported
						and verified or assigned emissions for this year will be added to the entity's
						full compliance period obligation for the subsequent compliance
						period.
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 subsection (a), repealer
						  and new subsection (e) and new subsections (e)(1)-(3) filed 6-26-2014;
						  operative 7-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 26).
3. Amendment of section heading and section
						  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.