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 13 - ARB Offset Credits and Registry Offset Credits › Section 95972 - Requirements for Compliance Offset Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be approved by the Board, a Compliance
						Offset Protocol must:
(1) Accurately
						determine the extent to which GHG emission reductions and GHG removal
						enhancements are achieved by the offset project type;
(2) Establish data collection and monitoring
						procedures relevant to the type of GHG emissions sources, GHG sinks, and GHG
						reservoirs for that offset project type;
(3) Establish a project baseline that
						reflects a conservative estimate of business-as-usual performance or practices
						for the offset project type;
(4)
						Account for activity-shifting leakage and market-shifting leakage for the
						offset project type, unless the Compliance Offset Protocol stipulates
						eligibility conditions for use of the Compliance Offset Protocol that eliminate
						the risk of activity-shifting and/or market-shifting leakage;
(5) Account for any uncertainty in
						quantification factors for the offset project type;
(6) Ensure GHG emission reductions and GHG
						removal enhancements are permanent;
(7) Include a mechanism to ensure permanence
						of GHG removal enhancements for sequestration offset project types;
(8) Establish the length of the crediting
						period pursuant to section
						95972(b) for the
						relevant offset project type; and
(9) Establish the eligibility and
						additionality of projects using standard criteria, and quantify GHG reductions
						and GHG removal enhancements using standardized baseline assumptions, emission
						factors, and monitoring methods.
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 95974 - Authorized Project Designee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Requirements for Designation of
						Authorized Project Designee. An Offset Project Operator may designate an entity
						as an Authorized Project Designee at the time of offset project listing or any
						time after offset project listing as long as it meets the requirements of
						section 95974(b).
(1) The Offset Project Operator may assign
						ownership rights of ARB offset credits or registry offset credits to the
						following entities at the time of registry offset credit or ARB offset credit
						issuance pursuant to sections
						95980.1 and
						95981, respectively:
(A) Authorized Project Designee; or
(B) Any other third party not otherwise
						prohibited 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 13 - ARB Offset Credits and Registry Offset Credits › Section 95975 - Listing of Offset Projects Using ARB Compliance Offset Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General
						Requirements for Offset Project Operators or Authorized Project Designees Who
						Are Submitting an Offset Project for Listing. Before an offset project can be
						listed by ARB or an Offset Project Registry the Offset Project Operator and its
						Authorized Project Designee, if applicable, must:
(1) Register with ARB pursuant to section
						95830; and
(2) Not be subject to any Holding Account
						restrictions imposed pursuant to section
						96011.
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 95976 - Monitoring, Reporting, and Record Retention Requirements for Offset Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						General Requirements for Monitoring Equipment for Offset Projects. The Offset
						Project Operator or Authorized Project Designee must employ the procedures in
						the Compliance Offset Protocol for monitoring measurements and project
						performance for offset projects. All required monitoring equipment must be
						maintained and calibrated in a manner and at a frequency required by the
						equipment manufacturer, unless otherwise specified in the applicable Compliance
						Offset Protocol. All modeling, monitoring, sampling, or testing procedures must
						be conducted in a manner consistent with the applicable procedure.
(b) The Offset Project Operator or Authorized
						Project Designee must use the missing data methods as provided in a Compliance
						Offset Protocol for that offset project type, if provided and
						applicable.
(c) An Offset Project
						Operator or Authorized Project Designee must put in place all monitoring
						equipment or mechanisms required by the applicable version of the Compliance
						Offset Protocol for that offset project type as set forth in:
(1) Compliance Offset Protocol Ozone
						Depleting Substances Projects, October 20, 2011 and Compliance Offset Protocol
						Ozone Depleting Substances Projects, November 14, 2014;
(2) Compliance Offset Protocol Livestock
						Projects, October 20, 2011 and Compliance Offset Protocol Livestock Projects,
						November 14, 2014;
(3) Compliance
						Offset Protocol Urban Forest Projects, October 20, 2011;
(4) Compliance Offset Protocol U.S. Forest
						Projects, October 20, 2011, Compliance Offset Protocol U.S. Forest Projects,
						November 14, 2014 and Compliance Offset Protocol U.S. Forest Projects, June 25,
						2015;
(5) Compliance Offset
						Protocol Mine Methane Capture Projects, April 25, 2014; and
(6) Compliance Offset Protocol Rice
						Cultivation Projects, June 25, 2015.
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 95977.2 - Additional Project Specific Requirements for Offset Verification Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to meeting the offset verification
						  requirements in sections
						  95977 and
						  95977.1, Offset Project Operators
						  or Authorized Project Designees must ensure the GHG emission reductions and GHG
						  removal enhancements resulting from an offset project meet any additional
						  verification requirements in the Compliance Offset Protocol, if applicable, for
						  an offset project of that type.
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 13 - ARB Offset Credits and Registry Offset Credits › Section 95978 - Offset Verifier and Verification Body Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An offset verifier or verification body
						must meet the accreditation requirements in section
						95132 of MRR to provide offset
						verification services to verify GHG emission reductions and GHG removal
						enhancements for offset projects listed pursuant to this article. Accreditation
						of verification bodies and offset verifiers for verifying Offset Project Data
						Reports under this article must be achieved separately from accreditation for
						verifying reports submitted under the MRR.
(b) For purposes of this article, the
						subcontractor requirements in section
						95132(e) of the
						MRR must be applied to the Offset Project Operator and/or Authorized Project
						Designee and not a reporting entity.
(c) An ARB accredited verification body must
						make itself and its personnel available for an ARB audit.
(d) An ARB-accredited offset verification
						body may employ or contract with technical experts not accredited by ARB to
						assist with offset verification services.
(1)
						All technical experts must be listed on the Notice of Offset Verification
						Services as required in section
						95977.1(b) and
						must be included in the evaluation for conflict of interest as required in
						section 95979.
(2) Technical experts must be under the
						direct supervision of an ARB-accredited offset verifier while performing
						verification activities.
(3)
						Technical experts may assist in underlying offset verification tasks, but may
						not be responsible for completing any offset verification services as defined
						in 95802(a).
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 95979.1 - Additional Requirements for Air Quality Management Districts and Air Pollution Control Districts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The following requirements will apply to air districts that meet the
						requirements under section
						95978 to become accredited as an
						offset verification body and/or the requirements under section
						95986 to meet the requirements as
						an approved Offset Project Registry:
(1) The
						air district may:
(A) Register with ARB
						pursuant to section
						95830; and
(B) Hold compliance instruments as a
						voluntarily associated entity pursuant to section
						95814.
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 95980 - Issuance of Registry Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One registry offset credit, which
						represents one metric ton of CO2e for a direct GHG
						emission reduction or direct GHG removal enhancement, will be issued pursuant
						to section
						95980.1 only if:
(1) An Offset Project Registry has listed the
						offset project pursuant to section
						95975;
(2) The GHG emission reductions or GHG
						removal enhancements were issued a Positive Offset or Qualified Positive Offset
						Verification Statement pursuant to sections
						95977.1 and
						95977.2; and
(3) An Offset Project Registry has received a
						Positive Offset or Qualified Positive Offset Verification Statement issued and
						attested to by an ARB-accredited verification body for the Offset Project Data
						Report for which registry offset credits would be issued.
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 95981 - Issuance of ARB Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One ARB offset credit, which represents
						one metric ton of CO2e for a direct GHG emission
						reduction or direct GHG removal enhancement, will be issued only for a GHG
						emission reduction or GHG removal enhancement that occurs during a Reporting
						Period. One ARB offset credit will be issued for each metric ton of
						CO2e only if:
(1) ARB
						or an Offset Project Registry has listed the offset project pursuant to section
						95975;
(2) The GHG emission reductions and GHG
						removal enhancements were issued a Positive Offset or Qualified Positive Offset
						Verification Statement pursuant to sections
						95977.1 and
						95977.2;
(3) ARB or an Offset Project Registry has
						received a Positive Offset or Qualified Positive Offset Verification Statement
						issued and attested to by an ARB-accredited verification body for the Offset
						Project Data Report for which registry offset credits were issued pursuant to
						section 95980.1, if the offset project was
						submitted for listing with an Offset Project Registry, or for which ARB offset
						credits would be issued pursuant to section
						95981.1; and
(4) The issued ARB offset credits would not
						immediately be subject to invalidation pursuant to sections
						95985(c)(1) and
						95985(c)(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 13 - ARB Offset Credits and Registry Offset Credits › Section 95982 - Registration of ARB Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An ARB offset credit will be registered by:
(a) Creating a unique ARB serial number;
						and
(b) Transferring the ARB offset
						credits to the Holding Account of the listed Offset Project Operator,
						Authorized Project Designee, or another third party as requested by the Offset
						Project Operator pursuant to section
						95981(b) to
						receive ARB offset credits, unless otherwise required by section
						95983.
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 (b) filed
						  6-26-2014; operative 7-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 26).
3. Amendment of subsection (b) filed
						  3-29-2019; operative 3-29-2019 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 13).
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 13 - ARB Offset Credits and Registry Offset Credits › Section 95983 - Forestry Offset Reversals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						For forest sequestration projects, a portion of ARB offset credits issued to
						the forest offset project will be placed by ARB into the Forest Buffer Account.
(1) The amount of ARB offset credits that
						must be placed in the Forest Buffer Account shall be determined as set forth in
						the applicable version of the Compliance Offset Protocol in section
						95973(a)(2)(C)4.
(2) ARB offset credits will be transferred to
						the Forest Buffer Account by ARB at the time of ARB offset credit registration
						pursuant to section
						95982.
(3) If a forest offset project is originally
						submitted through an Offset Project Registry an equal number of registry offset
						credits must be removed or cancelled by the Offset Project Registry, such that
						the registry offset credit is no longer available for transaction on the Offset
						Project Registry system, and issued by ARB for placement in the Forest Buffer
						Account.
(4) The ARB offset credits
						placed into the Forest Buffer Account must correspond to the Reporting Period
						for which the ARB offset credits are issued.
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 95984 - Ownership and Transferability of ARB Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial ownership of an ARB offset credit
						will be with the registered Offset Project Operator, Authorized Project
						Designee, or another third party as requested by the Offset Project Operator
						pursuant to section
						95981(b) to
						receive ARB offset credits, unless otherwise required by section
						95983. An ARB offset credit may be
						sold, traded, or transferred, unless:
(1) It
						has been retired, surrendered for compliance, or used to meet any GHG
						mitigation requirements in any voluntary or regulatory program;
(2) It resides in the Forest Buffer Account
						pursuant to section
						95983; or
(3) It has been invalidated pursuant to
						section 95985.
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 95986 - Executive Officer Approval Requirements for Offset Project Registries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The approval
						requirements specified in this subarticle apply to all Offset Project
						Registries that will operate to provide registry services under this
						article.
(b) The Executive Officer
						may approve Offset Project Registries that meet and maintain the requirements
						specified in this section.
(1) Offset Project
						Registry Approval Application. To apply for approval as an Offset Project
						Registry, the applicant shall submit the following information to the Executive
						Officer:
(A) Name of applicant;
(B) Name of president or chief executive
						officer;
(C) List of all board
						members, if applicable;
(D)
						Addresses of offices located in the United States;
(E) Documentation that the applicant carries
						at least five million U.S. dollars of professional liability insurance;
						and
(F) List of any judicial
						proceedings and administrative actions filed against the applicant within the
						previous five years, with a detailed explanation as to the nature of the
						proceedings.
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 95987 - Offset Project Registry Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Offset Project Registry shall use
						Compliance Offset Protocols approved pursuant to section
						95971 to determine whether an
						offset project may be listed with the Offset Project Registry for issuance of
						registry offset credits. The Offset Project Registry may list projects under
						non-Compliance Offset Protocols, but must make it clear any GHG emission
						reductions and GHG removal enhancements achieved under those protocols are not
						eligible to be issued registry offset credits or ARB offset credits.
(b) The Offset Project Registry must make the
						following information publicly available for each offset project developed
						under a Compliance Offset Protocol:
(1)
						Within 10 working days of the offset project listing requirements being deemed
						complete in section
						95975(f):
(A) Offset project name;
(B) Offset project location;
(C) Offset Project Operator and, if
						applicable, the Authorized Project Designee;
(D) Type of offset project;
(E) Name and date of the Compliance Offset
						Protocol used by the offset project;
(F) Date of offset project listing submittal
						and Offset Project Commencement date; and
(G) Identification if the offset project is
						in an initial or renewed crediting period;
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 95988 - Record Retention Requirements for Offset Project Registries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All information submitted, and correspondence related
						  to, listed offset projects under Compliance Offset Protocols by the Offset
						  Project Registry must be maintained by the Offset Project Registry for a
						  minimum of 15 years.
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 13 - ARB Offset Credits and Registry Offset Credits › Section 95989 - Direct Environmental Benefits in the State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Offset projects using a protocol listed
						in section
						95973(a)(2)(C)
						that are located within, or that avoid GHG emissions within, the State of
						California are considered to provide direct environmental benefits in the
						State.
(b) Any project located
						outside the State of California may submit the following information to ARB to
						enable a determination of whether the project provides direct environmental
						benefits in the State. Such determination must be based on a showing that the
						offset project or offset project type provides for the reduction or avoidance
						of emissions of any air pollutant that is not credited pursuant to the
						applicable Compliance Offset Protocol in the State or a reduction or avoidance
						of any pollutant that is not credited pursuant to the applicable Compliance
						Offset Protocol that could have an adverse impact on waters of the State.
(1) Scientific, peer-reviewed information or
						reports supporting a claim that the offset project or offset project type
						results in this type of reduction or avoidance of any pollutant in the
						State;
(2) Governmental reports
						from local, state, or national environmental, health, or energy agencies, or
						multinational bodies (such as the Intergovernmental Panel on Climate Change)
						supporting a claim that the offset project or offset project type results in
						this type of reduction or avoidance of any pollutant in the State; or
(3) Monitoring or other analytical data
						supporting a claim that the offset project or offset project type results in
						this type of reduction or avoidance of any pollutant in the
						State.
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95990 - Recognition of Early Action Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An ARB offset credit issued pursuant to
						the Program for Recognition of Early Action Offset Credits may be invalidated
						pursuant to section
						95985 as follows:
(1) An ARB offset credit issued to a
						non-sequestration project or an urban forest project, or a U.S. forest offset
						project issued on or after July 1, 2014, may be invalidated pursuant to
						sections 95985(a) through
						(h) and section
						95985(j) and as
						follows:
(A) If an Offset Project Operator or
						Authorized Project Designee was issued offset credits pursuant to the Program
						for Recognition of Early Action Offset Credits and the party identified in
						section 95985(e)(2) is no
						longer in business pursuant to section
						95101(h)(2), the
						provisions in sections
						95985(h)(1)(C)1.
						through 3. and sections
						95985(h)(2)(B)1.
						through 3. still apply to the Offset Project Operator; or
(B) If the holder of early action offset
						credits was issued ARB offset credits pursuant to the Program for Recognition
						of Early Action Offset Credits and the party identified in section
						95985(e)(2) is no
						longer in business pursuant to section
						95101(h)(2), the
						provisions in sections
						95985(h)(1)(C)1.
						through 3. and sections
						95985(h)(2)(B)1.
						through 3. apply to the holder that was issued ARB offset credits pursuant to
						the Program for Recognition of Early Action Offset Credits and not the Offset
						Project Operator.
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95991 - Sector-Based Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sector-based offset credits may be generated through
						  reduced or avoided GHG emissions from within, or carbon removed and sequestered
						  from the atmosphere by, a specific sector in a particular jurisdiction. The
						  Board may consider for acceptance compliance instruments issued from
						  sector-based offset crediting programs that meet the requirements set forth in
						  section 95994 and originate from
						  developing countries or from subnational jurisdictions within those developing
						  countries, except as specified in subarticle 13.
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95992 - Procedures for Approval of Sector-Based Crediting Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may approve a sector-based crediting program
						  in an eligible jurisdiction after public notice and opportunity for public
						  comment in accordance with the Administrative Procedure Act (Government Code
						  section
						  11340 et
						  seq.). Provisions set forth in this article shall specify which compliance
						  instruments issued by an approved sector-based crediting program 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).
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95993 - Sources for Sector-Based Offset Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sector-based credits may be generated from:
(a) Reducing Emissions from Deforestation and
						Forest Degradation (REDD) Plans.
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 (a) and repealing subsection (b) filed 2-15-2012 pursuant
						  to section
						  100, title 1, California Code of
						  Regulations (Register 2012, No. 7).
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95994 - Requirements for Sector-Based Offset Crediting Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Requirements for Sector-Based
						Crediting Programs. The Board may consider for approval a sector-based
						crediting program which may include the following sectoral requirements:
(1) Sector Plan. The host jurisdiction has
						established a plan for reducing emissions from the sector.
(2) Monitoring, Reporting, Verification, and
						Enforcement. The program includes a transparent system that regularly monitors,
						inventories, reports, verifies, and maintains accounting for emission
						reductions across the program's entire sector, as well as maintains enforcement
						capability over its reference activity producing credits.
(3) Offset Criteria. The program has
						requirements to ensure that offset credits generated by the program are real,
						additional, quantifiable, permanent, verifiable and enforceable.
(4) Sectoral Level Performance. The program
						includes a transparent system for determining and reporting when it meets or
						exceeds its crediting baseline(s), and evaluating the performance of the
						program's sector during each program's crediting period relative to the
						business as usual or other emissions reference level.
(5) Public Participation and Participatory
						Management Mechanism. The program has established a means for public
						participation and consultation in the program design process.
(6) Nested Approach. If applicable, the
						program includes:
(A) Offset project-specific
						requirements that establish methods to inventory, quantify, monitor, verify,
						enforce, and account for all project-level activities
(B) A system for reconciling offset
						project-based GHG reductions in sector-level accounting from the host
						jurisdiction.
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 14 - Recognition of Compliance Instruments from Other Programs › Section 95995 - Quantitative Usage Limit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sector-based offset credits approved by ARB for
						  compliance pursuant to section
						  95821(d) are
						  subject to the quantitative usage limit specified in section
						  95854.
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 15 - Enforcement and Penalties › Section 96010 - Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any of the following actions shall conclusively
						  establish a person's consent to be subject to the jurisdiction of the State of
						  California, including the administrative authority of ARB and the jurisdiction
						  of the Superior Courts of the State of California:
(a) Registration with ARB pursuant to
						subarticle 5;
(b) The purchase or
						holding of a compliance instrument issued by ARB, unless the entity holding the
						compliance instrument is registered in an approved External GHG ETS pursuant to
						subarticle 12;
(c) Receipt of
						compensation of any kind, including sales proceeds and commissions, from any
						transfers of allowances or offset credits issued by ARB pursuant to subarticle
						13 or recognized by ARB pursuant to subarticle 14; or
(d) Verification of an offset credit to be
						issued by ARB.
1. New
						  subarticle 15 (sections
						  96010-96014) and section filed
						  12-13-2011; operative 1-1-2012 pursuant to Government Code section
						  11343.4
						  (Register 2011, No. 50).
2. Amendment of subsection (b) filed
						  6-24-2013; operative 10-1-2013 (Register 2013, 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.
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 15 - Enforcement and Penalties › Section 96011 - Authority to Suspend, Revoke, or Modify

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer may suspend,
						revoke, or place restrictions on the Holding Account of a voluntarily
						associated entity determined to be in violation of any provision of this
						article.
(b) The Executive Officer
						may place restrictions on a Holding Account of a covered entity or an opt-in
						covered entity determined to be in violation of any provision of this article
						or of article 2 of this subchapter.
(c) The Executive Officer may suspend,
						revoke, or modify any Executive Order issued under this article or under
						article 2 of this subchapter, including an order accrediting a verifier, for a
						violation of any provision of this article.
(d) Nothing in this section prevents the
						Executive Officer from taking such other actions as are necessary to protect
						the environmental stringency of the California Cap-and-Trade Program, including
						limiting transfers in or out of holding accounts.
(1) Within 24 hours of taking action to
						protect the environmental stringency of the California Cap-and-Trade Program,
						the Executive Officer shall post publicly to the Cap-and-Trade Program website
						the specific action taken with an explanation of why it was
						necessary.
(2) The public
						information will include:
(A) A contact name
						for questions regarding the action;
(B) Duration of the action, if
						known;
(C) Any details on the
						status of existing compliance instruments in accounts; and
(D) Any other relevant
						information.
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 15 - Enforcement and Penalties › Section 96012 - Injunctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any violation of this article may be enjoined pursuant
						  to Health and Safety Code section
						  41513.
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 15 - Enforcement and Penalties › Section 96013 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Penalties may be assessed pursuant to Health and Safety
						  Code section
						  38580
						  for any violation of this article as specified in section
						  96014. In determining any penalty
						  amount, ARB shall consider all relevant circumstances, including the criteria
						  in Health and Safety Code section
						  42403(b).
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 15 - Enforcement and Penalties › Section 96014 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an entity
						fails to surrender a sufficient number of compliance instruments to meet its
						compliance obligation as specified in sections
						95856 or
						95857, and the procedures in
						section 95857(c) have
						been exhausted, there is a separate violation of this article for each required
						compliance instrument that has not been surrendered, or otherwise obtained by
						the Executive Officer pursuant to section
						95857(c).
(b) A separate violation accrues every 45
						days after the end of the Untimely Surrender Period pursuant to section
						95857 for each required compliance
						instrument that has not been surrendered.
(c) If an entity exiting the program pursuant
						to section
						95835(f)(1) fails
						to place the appropriate number of allowances into its compliance account and
						notify the Executive Officer, as required under section
						95890(k), there
						is a separate violation of this article for each required allowance that has
						not been returned.
(d) It is a
						violation to submit any record, information or report required by this article
						that:
(1) Falsifies, conceals, or covers up
						by any trick, scheme or device a material fact;
(2) Makes any false, fictitious or fraudulent
						statement or representation;
(3)
						Makes or uses any false writing or document knowing the same to contain any
						false, fictitious or fraudulent statement or entry; or
(4) Omits material facts from a submittal or
						record.
(5) A fact is material if
						it could probably influence a decision by the Executive Officer, the Board, or
						the Board's staff.
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 16 - Other Provisions › Section 96020 - Severability, Effect of Judicial Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each provision of this article shall be deemed
						  severable, and in the event that any provision of this article is held to be
						  invalid, the remainder of this article shall continue in full force and
						  effect.
1. New
						  subarticle 16 (sections
						  96020-96022) 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 16 - Other Provisions › Section 96021 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Emissions data
						submitted to ARB under this article are public information and shall not be
						designated as confidential.
(b) Any
						entity submitting information to the Executive Officer pursuant to this
						subarticle may claim such information as "confidential" by clearly identifying
						such information as "confidential." Any claim of confidentiality by an entity
						submitting information must be based on the entity's belief that the
						information marked as confidential is either trade secret or otherwise exempt
						from public disclosure under the California Public Records Act (Government
						Code, section
						6250 et
						seq.). All such requests for confidentiality shall be handled in accordance
						with the procedures specified in California Code of Regulations, title 17,
						sections 91000 to
						91022.
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 (a)
						  filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 13).
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 16 - Other Provisions › Section 96022 - Jurisdiction of California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Any party that participates in the Cap-and-Trade Program is subject to the
						jurisdiction of the State of California unless the party is subject to the
						jurisdiction of an External GHG ETS to which California has linked its
						Cap-and-Trade Program pursuant to section
						95830(g) and
						subarticle 12.
(b) Notwithstanding
						section 96010, subsection
						96022(a) or any
						other jurisdictional provision in this article, this article shall not be
						construed to abridge the rights and protections afforded foreign sovereigns,
						including the right of removal to federal court, pursuant to the Foreign
						Sovereign Immunities Act, Public Law 94-583, as amended
						and codified at 28 U.S.C.
						sections 1330,
						1332,
						1391(f),
						1441(d), and
						1602-1611.
(c) A party that has rights and protections
						under the Foreign Sovereign Immunities Act consents to civil enforcement of the
						laws, rules and regulations pertaining to this article in California's courts,
						subject to the rights and protections afforded to entities subject to the
						Foreign Sovereign Immunities Act, including removal to federal court.
1. New
						  section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
2. Amendment filed 6-24-2013; operative
						  10-1-2013 (Register 2013, No. 26).
3. Amendment designating first
						  paragraph as subsection (a) and new subsections (b) and (c) filed 6-26-2014;
						  operative 7-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 26).
4. Amendment of subsection (a) filed
						  3-29-2019; operative 3-29-2019 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 13).
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.