California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95202 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
						purposes of this subarticle, the following definitions shall apply:
(1) "AB 32" means the California Global
						Warming Solutions Act of 2006, Assembly Bill 32, Chapter 488, Statutes of 2006,
						as codified in Health and Safety Code section
						38500
et seq
.
(2) "Acid
						gas reagent" means a substance used to chemically remove acid gases from
						industrial exhaust streams.
(3)
						"Acid gas scrubbers" mean a diverse group of air pollution control devices that
						can be used to remove some particulates and/or gases from industrial exhaust
						streams.
(4) "Annual" means with a
						frequency of once a year; unless otherwise noted, annual events, such as
						reporting requirements, will be based on the calendar year.
(5) "ARB" or "Board" means the California Air
						Resources Board.
(6)
						"Asset-controlling supplier" means any entity that owns or operates
						inter-connected electricity generating facilities or serves as an exclusive
						marketer for these facilities even though it does not own them, and is assigned
						a supplier-specific identification number and system emission factor by ARB for
						the wholesale electricity procured from its system and imported into
						California.
(7) "Associated gas"
						means a natural gas fuel produced in association with crude oil from any oil
						well and subsequently burned in the field as a fuel.
(8) "Aviation gasoline" means a complex
						mixture of volatile hydrocarbons, with or without additives, suitably blended
						to be used in aviation reciprocating engines. Specifications can be found in
						ASTM Specification D910-07a, Standard Specification for Aviation Gasolines,
						which is incorporated by reference herein.
(9) "Balancing authority" means the
						responsible entity that integrates resource plans ahead of time, maintains
						load-interchange-generation balance within a balancing authority area, and
						supports interconnection frequency in real time.
(10) "Balancing authority area" means the
						collection of generation, transmission, and loads within the metered boundaries
						of a balancing authority. A balancing authority maintains load-resource balance
						within this area.
(11) "Billing
						address" means the address where the party responsible for payment would
						receive an invoice.
(12)
						"Bigeneration unit" means a unit that simultaneously generates electricity and
						useful thermal energy from the same fuel source but without waste heat
						recovery. An example of bigeneration includes a boiler generating steam that is
						split into two streams, and one stream powers a steam turbine to generate
						electricity, while the other stream is used for other industrial, commercial,
						or heating and cooling purposes that are not in support of or a part of the
						electricity generation system.
(13)
						"Biodiesel" means a diesel fuel substitute produced from nonpetroleum renewable
						resources that meet the registration requirements for fuels and fuel additives
						established by the U.S. Environmental Protection Agency under section
						211 of the Clean Air Act. It
						includes biodiesel that is all of the following:
(A) Registered as a motor vehicle fuel or
						fuel additive under title 40, Code of Federal Regulations, part 79;
(B) A mono-alkyl ester;
(C) Meets ASTM D 6751-08 (
Standard
						Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate
						Fuels, 2008
) which is incorporated by reference herein;
(D) Intended for use in engines that are
						designated to run on conventional diesel fuel; and
(E) Derived from nonpetroleum renewable
						resources.
(14) "Biogas"
						(also called biomethane) means gas that is produced from the breakdown of
						organic material in the absence of oxygen. Biogas is produced in processes
						including, but not limited to, anaerobic digestion, anaerobic decomposition,
						and thermochemical decomposition. These processes are applied to biodegradable
						biomass materials, such as manure, sewage, municipal solid waste, green waste,
						and waste from energy crops, to produce landfill gas, digester gas, and other
						forms of biogas.
(15) "Biogenic
						emissions" means GHG emissions generated as the result of biomass combustion
						from combustion units.
(16)
						"Biomass" means non-fossilized and biodegradable organic material originating
						from plants, animals and micro-organisms, including products, byproducts,
						residues and waste from agriculture, forestry and related industries as well as
						the non-fossilized and biodegradable organic fractions of industrial and
						municipal wastes, including gases and liquids recovered from the decomposition
						of non-fossilized and biodegradable organic material. For the purpose of this
						subarticle, biomass includes both California Renewables Portfolio Standard
						(RPS) eligible and non-eligible biomass as defined by the California Energy
						Commission.
(17) "Busbar" means a
						power conduit of a facility with electricity generating units that serves as
						the starting point for the electricity transmission system.
(18) "Calendar year" means the time period
						from January 1 through December 31.
(19) "California balancing authority" means a
						balancing authority with control over a balancing authority area primarily
						located in the State of California. A California balancing authority is
						responsible for the operation of the transmission grid within its metered
						boundaries which may extend beyond the geographical boundaries of the State of
						California.
(20) "California
						gasoline" has the same meaning as defined in title 13, California Code of
						Regulations, section
						2260(a).
For California gasoline,
(A) "Produce" for California gasoline has the
						same meaning as defined in title 13, California Code of Regulations, section
						2260(a).
(B) "Producer" for California gasoline has
						the same meaning as defined in title 13, California Code of Regulations,
						section 2260(a).
(C) "Supply" for California gasoline has the
						same meaning as defined in title 13, California Code of Regulations, section
						2260(a).
(D) "Importer" for California gasoline means
						the majority owner of the California gasoline when it first enters the State of
						California. For rail cars, cargo tanks, and pipelines, it is the point where
						the product first crosses the California State border. For imports by marine
						vessel it is the point where the fuel leaves the vessel.
(E) "Import" for California gasoline means
						movement of California gasoline into the State of California. For rail cars,
						cargo tanks, and pipelines it is when the product first crosses the California
						State border. For imports by marine vessel it is the point where the fuel
						leaves the vessel.
(21)
						"California reformulated gasoline blendstock for oxygenate blending," or
						"CARBOB," has the same meaning as defined in title 13, California Code of
						Regulations, section
						2260(a).
For CARBOB,
(A) "Produce" for CARBOB has the same meaning
						as defined in title 13, California Code of Regulations, section
						2260(a).
(B) "Producer" for CARBOB has the same
						meaning as defined in title 13, California Code of Regulations, section
						2260(a).
(C) "Supply" for CARBOB has the same meaning
						as defined in title 13, California Code of Regulations, section
						2260(a).
(D) "Importer" for CARBOB means the majority
						owner of the CARBOB when it first enters the State of California. For rail
						cars, cargo tanks, and pipelines it is the point where the product first
						crosses the California State border. For imports by marine vessel it is the
						point where the fuel leaves the vessel.
(E) "Import" for CARBOB means movement of
						CARBOB into the State of California. For rail cars, cargo tanks, and pipelines
						it is when the product first crosses the California State border. For imports
						by marine vessel it is the point where the fuel leaves the
						vessel.
(22) "California
						diesel fuel" has the same meaning as "Vehicular Diesel Fuel," as defined in
						title 13, California Code of Regulations, section
						2282(b).
For California diesel fuel,
(A) "Produce" for California diesel fuel has
						the same meaning as defined in title 13, California Code of Regulations,
						section 2282(b).
(B) "Producer" for California diesel fuel has
						the same meaning as defined in title 13, California Code of Regulations,
						section 2282(b).
(C) "Supply" for California diesel fuel has
						the same meaning as defined in title 13, California Code of Regulations,
						section 2282(b).
(D) "Importer" for California diesel fuel
						means the majority owner of the California diesel fuel when it first enters the
						State of California. For rail cars, cargo tanks, and pipelines it is the point
						where the product first crosses the California State border. For imports by
						marine vessel it is the point where the fuel leaves the vessel.
(E) "Import" for California diesel fuel means
						movement of product into the State of California. For rail cars, cargo tanks,
						and pipelines it is when the product first crosses the California State border.
						For imports by marine vessel it is the point where the fuel leaves the
						vessel.
(23) "Carbon
						dioxide" or "CO2" means the most common of the six
						primary greenhouse gases, consisting on a molecular level of a single carbon
						atom and two oxygen atoms.
(24)
						"Carbon dioxide equivalent" or "CO2 equivalent" or
						"CO2e" means the number of metric tons of
						CO2 emissions with the same global warming potential as
						one metric ton of another greenhouse gas. For the purposes of this subarticle,
						global warming potential values listed in Table A-1 of 40 CFR Part 98 are used
						to determine the CO2 equivalent of emissions.
(25) "Catalyst" means a substance added to a
						chemical reaction, which facilitates or causes the reaction, and is not
						consumed by the reaction.
(26)
						"Catalyst coke" means carbon that is deposited on a catalyst, thus deactivating
						the catalyst.
(27) "Cement" means a
						building material that is produced by heating mixtures of limestone and other
						minerals or additives at high temperatures in a rotary kiln to form clinker,
						followed by cooling and grinding with blended additives. Finished cement is a
						powder used with water, sand and gravel to make concrete and mortar.
(28) "Cement manufacturer" means an owner or
						operator of a cement plant.
(29)
						"Cement plant" means an industrial structure, installation, plant or building
						primarily engaged in manufacturing Portland, natural, masonry, pozzolanic, or
						other hydraulic cements, and typically identified by North American Industry
						Classification System Code 327310.
(30) "Clinker" means the mass of fused
						material produced in a cement kiln from which finished cement is manufactured
						by milling and grinding.
(31)
						"Coal" means all solid fuels classified as anthracite, bituminous,
						sub-bituminous, or lignite by ASTM D388-05 "Standard Classification of Coals by
						Rank" (September 2005), which is incorporated by reference herein.
(32) "Coal Coke" means a solid residue high
						in carbon content produced by the destructive distillation of coal at high
						temperatures in either a by-product coke oven battery or a non-recovery coke
						oven battery.
(33) "Cogeneration"
						means an integrated system that produces electric energy and useful thermal
						energy for industrial, commercial, or heating and cooling purposes, through the
						sequential or simultaneous use of the original fuel energy. Cogeneration must
						involve generation of electricity and useful thermal energy and some form of
						waste heat recovery. Some examples of cogeneration include:
(a) a gas turbine or reciprocating engine
						generating electricity by combusting fuel, which then uses a heat recovery unit
						to capture useful heat from the exhaust stream of the turbine or
						engine;
(b) steam turbines
						generating electricity as a byproduct of steam generation through a fired
						boiler;
(c) Cogeneration systems in
						which the fuel input is first applied to a thermal process such as a furnace
						and at least some of the heat rejected from the process is then used for power
						production. For the purposes of this subarticle, a combined-cycle power
						generation unit, where none of the generated thermal energy is used for
						industrial, commercial, or heating and cooling purposes (these purposes exclude
						any thermal energy utilization that is either in support of or a part of the
						electricity generation system), is not considered a cogeneration
						unit.
(34) "Cogeneration
						facility" means an industrial structure, installation, plant, or building or
						self-generation facility, which may include one or more cogeneration units
						configured as either a topping cycling or bottoming cycling plant.
(35) "Cogeneration system" means individual
						cogeneration components including the prime mover (heat engine), generator,
						heat recovery, and electrical interconnection, configured into an integrated
						system that provides sequential or simultaneous generation of multiple forms of
						useful energy, one of which must be electricity, and at least one form of which
						the facility consumes on-site or makes available to other users for an end-use
						other than electricity generation.
(36) "Cogeneration unit" means a unit that
						produces electric energy and useful thermal energy for industrial, commercial,
						or heating and cooling purposes, through the sequential or simultaneous use of
						the original fuel energy and waste heat recovery.
(37) "Combust" means the process of burning
						or setting fire to a fuel.
(38)
						"Combustion emissions" means greenhouse gas emissions occurring during the
						exothermic reaction of a fuel with oxygen.
(39) "Consumption" means to use, decay or
						destruct.
(40) "Consumed on-site"
						means to consume at a facility.
(41) "Continuous physical transmission path"
						means the full transmission path shown in the physical path table of a single
						NERC e-Tag from the first point of receipt closest to the generation source to
						the final point of delivery closest to the final sink. This is one criterion to
						establish direct delivery.
(42)
						"Cracking" means the process of breaking down larger molecules into smaller
						molecules, utilizing catalysts and/or elevated temperatures and
						pressures.
(43) "Debt" means those
						loans obtained by the Board, and required by the Legislature to be repaid, to
						carry out AB 32 for fiscal years 2007/08, 2008/09, and 2009/10.
(44) "Delivered electricity" means
						electricity that was distributed from a PSE and received by a PSE or
						electricity that was generated, transmitted, and consumed.
(45) "Direct delivery of electricity" or
						"directly delivered" means electricity that meets any of the following
						criteria:
(A) The facility has a first point
						of interconnection with a California balancing authority;
(B) The facility has a first point of
						interconnection with distribution facilities used to serve end users within a
						California balancing authority area;
(C) The electricity is scheduled for delivery
						from the specified source into a California balancing authority via a
						continuous physical transmission path from interconnection of the facility in
						the balancing authority in which the facility is located to a sink located in
						the State of California; or
(D)
						There is an agreement to dynamically transfer electricity from the facility to
						a California balancing authority.
(46) "EIA" means the Energy Information
						Administration. The EIA is a statistical agency of the United States Department
						of Energy.
(47) "Electricity
						delivered in California" means electricity that is delivered to a point of
						interconnection with the California electricity transmission and distribution
						systems. For electricity that is generated in California, the electricity is
						delivered from a specified source at the busbar. For electricity generated
						outside California from specified or unspecified sources, the electricity is
						delivered to a point of delivery in California for consumption in
						California.
(48) "Electricity fee
						rate" means the rate charged per megawatt-hour (MWh) of electricity generated
						at a specified source based on a specified source's emission factor, or
						generated at unspecified sources and based on the default emission factor for
						unspecified sources.
(49)
						"Electricity generating facility" means a facility that generates electricity
						and includes one or more generating units at the same location.
(50) "Electricity generating unit" or "EGU"
						means any combination of physically connected generator(s), reactor(s),
						boiler(s), combustion turbine(s), or other prime mover(s) operated together to
						produce electric power.
(51)
						"Electricity importers" deliver imported electricity. For electricity that is
						scheduled with a NERC e-Tag to a final point of delivery inside the State of
						California, the electricity importer is identified on the NERC e-Tag as the
						purchasing-selling entity (PSE) on the last segment of the tag's physical path
						with the point of receipt located outside the State of California and the point
						of delivery located inside the State of California. For facilities physically
						located outside the State of California with first point of interconnection to
						a California balancing authority's transmission and distribution system, when
						the electricity is not scheduled on a NERC e-Tag, the importer is the facility
						operator or scheduling coordinator. Federal and State agencies are subject to
						the regulatory authority of ARB under this article and include Western Area
						Power Administration (WAPA), Bonneville Power Administration (BPA), and
						California Department of Water Resources (DWR). Electricity Importers include
						Energy Imbalance Market (EIM) Participating Resource Scheduling Coordinators
						serving the EIM market whose transactions result in imports into
						California.
(52) "Eligible
						renewable energy resource" has the same meaning as defined in Section
						399.12
						of the Public Utilities Code.
(53)
						"Emissions" means the release of greenhouse gases into the atmosphere from
						sources and processes, including from the combustion of transportation fuels,
						such as natural gas, petroleum products, and natural gas liquids.
(54) "Emissions data report" or "greenhouse
						gas emissions data report" or "report" means the report prepared by an operator
						or fuel supplier each year and submitted by electronic means to ARB that
						provides the information required by the Mandatory Reporting Regulation and to
						comply with this subarticle.
(55)
						"Emission factor" means a unique value for determining an amount of a
						greenhouse gas emitted for a given quantity of activity (e.g., metric tons of
						carbon dioxide emitted per gallon of gasoline burned).
(56) "End user" means a final purchaser of an
						energy product, such as electricity, thermal energy, or natural gas not for the
						purposes of retransmission or resale. In the context of natural gas
						consumption, an "end user" is the point to which natural gas is delivered for
						consumption or combustion.
(57)
						"Energy Imbalance Market" or "EIM" means the operation of the CAISO's real-time
						market to manage transmission congestion and optimize procurement of energy to
						balance supply and demand for the combined CAISO and EIM footprint.
(58) "Entity" means a person, firm,
						association, organization, partnership, business trust, corporation, limited
						liability company, company, government agency, or public district.
(59) "Exclusive marketer" means a marketer
						that has exclusive rights to market electricity for a generating facility or
						group of generating facilities.
(60) "Executive Officer" means the Executive
						Officer of the California Air Resources Board, or his or her
						delegate.
(61) "Exported
						electricity" means electricity generated inside the State of California and
						delivered to serve load located outside the State of California. This includes
						electricity delivered from a first point of receipt inside California, to the
						first point of delivery outside California, with a final point of delivery
						outside the State of California. Exported electricity delivered across
						balancing authority areas is documented on NERC E-Tags with the first point of
						receipt located inside the State of California and the final point of delivery
						located outside the State of California. Exported electricity does not include
						electricity generated inside the State of California then transmitted outside
						of California, but with a final point of delivery inside the State of
						California. Exported electricity does not include electricity generated inside
						the State of California that is allocated to serve the California retail
						customers of a multi-jurisdictional retail provider, consistent with a cost
						allocation methodology approved by the California Public Utilities Commission
						and the utility regulatory commission of at least one additional state in which
						the multi-jurisdictional retail provider provides retail electric
						service.
(62) "Facility" means any
						physical property, plant, building, structure, source, or stationary equipment
						located on one or more contiguous or adjacent properties in actual physical
						contact or separated solely by a public roadway or other public right-of-way
						and under common ownership or common control, that emits or may emit any
						greenhouse gas. Operators of military installations may classify such
						installations as more than a single facility based on distinct and independent
						functional groupings within contiguous military properties.
(63) "Fee determination notice" means the
						notice or invoice provided by ARB to entities regulated by this subarticle
						stating the dollar amount due.
(64)
						"Feedstock" means the raw material supplied to a process.
(65) "Final point of delivery" means the sink
						specified on the NERC e-Tag, where defined points have been established through
						the NERC Registry. When NERC e-Tags are not used to document electricity
						deliveries, as may be the case within a balancing authority, the final point of
						delivery is the location of the load. Exported electricity is disaggregated by
						the final point of delivery on the NERC e-Tag.
(66) "First deliverer of electricity" or
						"first deliverer" means the owner or operator of an electricity generating
						facility in California, or an electricity importer.
(67) "First point of delivery in California"
						means the first defined point on the transmission system located inside
						California at which imported electricity and electricity wheeled through
						California may be measured, consistent with defined points that have been
						established through the NERC Registry.
(68) "First point of receipt" means the
						generation source specified on the NERC e-Tag, where defined points have been
						established through the NERC Registry. When NERC e-Tags are not used to
						document electricity deliveries, as may be the case within a balancing
						authority, the first point of receipt is the location of the individual
						generating facility or unit, or group of generating facilities or units.
						Imported electricity and wheeled electricity are disaggregated by the first
						point of receipt on the NERC e-Tag.
(69) "Fiscal year" means the time period from
						July 1 to June 30.
(70) "Fossil
						Fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or
						gaseous fuel derived from such material.
(71) "Fuel" means solid, liquid or gaseous
						combustible material. Volatile organic compounds burned in destruction devices
						are not fuels unless they can sustain combustion without use of a pilot fuel
						and such destruction does not result in a commercially useful end
						product.
(72) "Fuel fee rate" means
						the rate charged per MTCO2 produced by greenhouse gas
						sources specific to the fuel combusted and calculated by ARB.
(73) "Fuel supplier" means a supplier of
						petroleum products, a supplier of biomass-derived transportation fuels, a
						supplier of natural gas, or a supplier of liquid petroleum gas as specified in
						the Mandatory Reporting Regulation.
(74) "Gallon" means the United States gallon
						of 231 cubic inches or the volumetric gallon adjusted to 60 degrees Fahrenheit
						when the invoice and settlement is made on the temperature corrected
						gallonage.
(75) "Gas well" means a
						well completed for production of natural gas from one or more gas zones or
						reservoirs. Such wells contain no completions for the production of crude
						oil.
(76) "Generated electricity"
						means electricity generated by an electricity generating unit at the reporting
						facility. Generated electricity does not include any electricity that is
						generated outside the facility and delivered into the facility with final
						destination outside of the facility.
(77) "Generating unit" means any combination
						of physically connected generator(s), reactor(s), boiler(s), combustion
						turbine(s), or other prime mover(s) operated together to produce electric
						power.
(78) "Global warming
						potential" or "GWP" means the ratio of the time-integrated radiative forcing
						from the instantaneous release of one kilogram of a trace substance relative to
						that of one kilogram of a reference gas, i.e.,
						CO2.
(79)
						"Government agency" means any agency as defined in Government Code section
						11000.
(80) "Greenhouse gas source" means any
						physical unit, process, or other use or activity that releases a greenhouse gas
						into the atmosphere.
(81) "Grid" or
						"electric power grid" means a system of synchronized power providers and
						consumers connected by transmission and distribution lines and operated by one
						or more control centers.
(82)
						"Grid-dedicated facility" means an electricity generating facility in which all
						net power generated is destined for distribution on the grid through retail
						providers or electricity marketers, ultimately serving wholesale or retail
						customers of the grid.
(83) "Gross
						generation" or "gross power generated" means the total electrical output of the
						generating facility or unit, expressed in megawatt hours (MWh) per
						year.
(84) "Imported electricity"
						means electricity generated outside the State of California and delivered to
						serve load located inside the State of California. Imported electricity
						includes electricity delivered across balancing authority areas from a first
						point of receipt located outside the State of California, to the first point of
						delivery located inside the State of California, having a final point of
						delivery in California. Imported electricity includes electricity imported into
						California over a multi-jurisdictional retail provider's transmission and
						distribution system, or electricity imported into the State of California from
						a facility or unit physically located outside the State of California with the
						first point of interconnection to a California balancing authority's
						transmission and distribution system. Imported electricity includes electricity
						that is a result of cogeneration located outside the State of California.
						Imported electricity does not include electricity wheeled through California,
						defined pursuant to this subsection. Imported electricity does not include
						electricity imported into the California Independent System Operator (CAISO)
						balancing authority area to serve retail customers that are located within
						CAISO balancing authority area, but outside the State of California. Imported
						Electricity does not include electricity imported into California by an
						Independent System Operator to obtain or provide emergency assistance under
						applicable emergency preparedness and operations reliability standards of the
						North American Electric Reliability Corporation or Western Electricity
						Coordinating Council. Imported electricity shall include Energy Imbalance
						Market dispatches designated by the CAISO's optimization model and reported by
						the CAISO to EIM Participating Resource Scheduling Coordinators as electricity
						imported to serve retail customers load that are located within the State of
						California.
(85) "Interstate
						pipeline" means any entity that owns or operates a natural gas pipeline
						delivering natural gas to consumers in the State and is subject to rate
						regulation by the Federal Energy Regulatory Commission.
(86) "Intrastate pipeline" means any pipeline
						wholly within the State of California that is not regulated as a public utility
						gas corporation by the California Public Utility Commission (CPUC), not a
						publicly-owned natural gas utility and is not regulated as an interstate
						pipeline by the Federal Energy Regulatory Commission.
(87) "Kerosene" is a light petroleum
						distillate with a maximum distillation temperature of 400°F at the
						10-percent recovery point, a final maximum boiling point of 572°F, a
						minimum flash point of 100°F, and a maximum freezing point of -22°F.
						Included are No. 1-K and No. 2-K, distinguished by maximum sulfur content (0.04
						and 0.30 percent of total mass, respectively), as well as all other grades of
						kerosene called range or stove oil. "Kerosene" does not include kerosene-type
						jet fuel.
(88) "Kerosene type jet
						fuel" means a kerosene-based product used in commercial and military turbojet
						and turboprop aircraft. The product has a maximum distillation temperature of
						400°F at the 10 percent recovery point and a final maximum boiling point of
						572°F. Included are Jet A, Jet A-1, JP-5, and JP-8.
(89) "Liquefied petroleum gas" or "LP-Gas" or
						"LPG" means a flammable mixture of hydrocarbon gases used as a fuel. LPG is a
						natural gas liquid (NGL) that is primarily a mixture of propane and butane,
						with small amounts of propene (propylene) and ethane. The most common
						specification categories are propane grades HD-5, HD-10, and commercial grade
						propane, and propane/butane mix. LPG also includes both odorized and
						non-odorized liquid petroleum gas, and is also referred to as
						propane.
(90) "Local distribution
						company" or "LDC" for purposes of this article, means a company that owns or
						operates distribution pipelines, not interstate pipelines, that physically
						deliver natural gas to end users and includes public utility gas corporations,
						publicly-owned natural gas utilities and intrastate pipelines.
(91) "Mandatory Reporting Regulation" means
						ARB's Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, as
						set forth in title 17, California Code of Regulations, Chapter 1, Subchapter
						10, article 2 (commencing with section
						95100).
(92) "Marketer" means a purchasing-selling
						entity that delivers electricity and is not a retail provider.
(93) "Megawatt-hour" or "MWh" means the
						electrical energy unit of measure equal to one million watts of power supplied
						to, or taken from, an electric circuit steadily for one hour.
(94) "Meter" means a device designed to
						measure, record or regulate the amount or volume of the flow of a
						gas.
(95) "Metric ton" or "MT"
						means a common international measurement for mass, equivalent to 2204.6 pounds,
						or 1.1 short tons.
(96) "MMBtu"
						means million British thermal units.
(97) "Motor vehicle" has the same meaning as
						defined in section
						415 of the
						Vehicle Code.
(98)
						"Multi-jurisdictional retail provider" means a retail provider that provides
						electricity to consumers in California and in one or more other states in a
						contiguous service territory or from a common power system.
(99) "Municipal Solid Waste" means solid
						phase household, commercial/retail, and/or institutional waste. Household waste
						includes material discarded by single and multiple residential dwellings,
						hotels, motels, and other similar permanent or temporary housing establishments
						or facilities. Commercial/retail waste includes material discarded by stores,
						offices, restaurants, warehouses, non-manufacturing activities at industrial
						facilities, and other similar establishments or facilities. Institutional waste
						includes material discarded by schools, nonmedical waste discarded by
						hospitals, material discarded by non-manufacturing activities at prisons and
						government facilities, and material discarded by other similar establishments
						or facilities. Household, commercial/retail, and institutional wastes include
						yard waste, refuse-derived fuel, and motor vehicle maintenance materials.
						Insofar as there is separate collection, processing and disposal of industrial
						source waste streams consisting of used oil, wood pallets, construction,
						renovation, and demolition wastes (which includes, but is not limited to,
						railroad ties and telephone poles), paper, clean wood, plastics, industrial
						process or manufacturing wastes, medical waste, motor vehicle parts or vehicle
						fluff, or used tires that do not contain hazardous waste identified or listed
						under 42 U.S.C. §
														6921, such wastes are not Municipal Solid
						Waste. However, such wastes qualify as Municipal Solid Waste where they are
						collected with other Municipal Solid Waste or are otherwise combined with other
						Municipal Solid Waste for processing and/or disposal.
(100) "Nameplate generating capacity" means
						the maximum rated output of a generator under specific conditions designated by
						the manufacturer. Generator nameplate capacity is usually indicated in units of
						kilovolt-amperes (kVA) and in Kilowatts (kW) on a nameplate physically attached
						to the generator.
(101) "Natural
						gas" means a naturally occurring mixture or process derivative of hydrocarbon
						and non-hydrocarbon gases found in geologic formations beneath the earth's
						surface, of which its constituents include methane, heavier hydrocarbons and
						carbon dioxide. Natural gas may be field quality (which varies widely) or
						pipeline quality. For the purposes of this subarticle, the definition of
						natural gas includes similarly constituted fuels such as field production gas,
						process gas, and fuel gas.
(102)
						"Natural gas importer" means any entity that receives natural gas from a party
						that is not a public gas corporation, as defined in this subarticle, that
						consumes and/or distributes natural gas to consumers of natural gas.
(103) "NERC E-tag" means North American
						Electric Reliability Corporation (NERC) energy tag representing transactions on
						the North American bulk electricity market scheduled to flow between or across
						balancing authority areas.
(104)
						"Net generation" or "Net power generated" means the gross generation minus
						station service or unit service power requirements, expressed in megawatt hours
						(MWh) per year. In the case of cogeneration, this value is intended to include
						internal consumption of electricity for the purposes of a production process,
						as well as power put on the grid.
(105) "Oil well" means a well completed for
						the production of crude oil from at least one oil zone or reservoir.
(106) "Operational control" for a facility
						subject to this subarticle means the authority to introduce and implement
						operating, environmental, health and safety policies. In any circumstance where
						this authority is shared among multiple entities, the entity holding the permit
						to operate from the local air pollution control district or air quality
						management district is considered to have operational control for purposes of
						this subarticle.
(107) "Operator"
						means the entity, including an owner, having operational control of a facility.
						For onshore petroleum and natural gas production, the operator is the operating
						entity listed on the State well drilling permit, or a State operating permit
						for wells where no drilling permit is issued by the State.
(108) "Owner" means the entity having title
						to the property or assets which are subject to the fee.
(109) "Oxygenate" is any oxygen-containing,
						ashless, organic compound, such as an alcohol or ether, which, when added to
						gasoline, increases the amount of oxygen in gasoline.
(110) "Payment period" means 60 days from the
						invoice date, as stated in section
						95205, each calendar
						year.
(111) "Petroleum coke" means
						a black solid residue, obtained mainly by cracking and carbonizing of petroleum
						derived feedstocks, vacuum bottoms, tar and pitches in processes such as
						delayed coking or fluid coking. It consists mainly of carbon (90 to 95
						percent), has low ash content, and may be used as a feedstock in coke ovens.
						This product is also known as marketable coke.
(112) "Petroleum refinery" or "refinery"
						means any facility engaged in producing gasoline, gasoline blending stocks,
						naphtha, kerosene, distillate fuel oils, residual fuel oils, lubricants, or
						asphalt (bitumen) through distillation of petroleum or through redistillation,
						cracking, or reforming of unfinished petroleum derivatives. Facilities that
						distill only pipeline transmix (off-spec material created when different
						specification products mix during pipeline transportation) are not petroleum
						refineries, regardless of the products produced.
(113) "Point of delivery" or "POD" means a
						point on an electricity transmission or distribution system where a deliverer
						makes electricity available to the receiver, or available to serve load. This
						point can be an interconnection with another system or a substation where the
						transmission provider's transmission and distribution systems are connected to
						another system, or a distribution substation where electricity is imported into
						California over a multi-jurisdictional retail provider's distribution
						system.
(114) "Point of receipt" or
						"POR" means the point on an electricity transmission or distribution system
						where an electricity receiver receives electricity from a deliverer. This point
						can be an interconnection with another system or a substation where the
						transmission provider's transmission and distribution systems are connected to
						another system.
(115) "Power" means
						electricity, except where the context makes clear that another meaning is
						intended.
(116) "Process" means the
						intentional or unintentional reactions between substances or their
						transformation, including, but not limited to, the chemical or electrolytic
						reduction of metal ores, the thermal decomposition of substances, and the
						formation of substances for use as product or feedstock.
(117) "Process emissions" means the emissions
						from industrial processes (e.g., cement production, ammonia production)
						involving chemical or physical transformations other than fuel combustion. For
						example, the calcination of carbonates in a kiln during cement production or
						the oxidation of methane in an ammonia process results in the release of
						process CO2 emissions to the atmosphere. Emissions from
						fuel combustion to provide process heat are not part of process emissions,
						whether the combustion is internal or external to the process
						equipment.
(118) "Produced on-site"
						means produced at a facility.
(119)
						"Propane" is a paraffinic hydrocarbon with molecular formula
						C3H8.
(120) "Publicly-owned natural gas utility"
						means a municipality or municipal corporation, a municipal utility district, a
						public utility district, or a joint powers authority that includes one or more
						of these agencies that furnishes natural gas services to end users.
(121) "Public utility gas corporation" means
						a gas corporation as defined in California Public Utilities Code section
						222
						that is also a public utility as defined in California Public Utilities Code
						section
						216.
(122) "Purchasing-selling entity" or "PSE"
						means the entity that is identified on a NERC E-tag for each physical path
						segment.
(123) "Qualified exports"
						means electricity that is exported in the same hour as imported electricity and
						documented by NERC E-tags. When imports are not documented on NERC E-tags,
						because a facility or unit located outside the State of California has a first
						point of interconnection with a California balancing authority area, the
						reporting entity may demonstrate hourly electricity delivery consistent with
						the record keeping requirements of the California balancing authority area,
						including records of revenue quality meter data, invoices, or settlements data.
						Only electricity exported within the same hour and by the same importer as the
						imported electricity is a qualified export. It is not necessary for the
						imported and exported electricity (as defined in this subarticle) to enter or
						leave California at the same intertie. Qualified exports shall not result in a
						negative fee liability for any hour.
(124) "Refinery fuel gas" means gas generated
						at a petroleum refinery or any gas generated by a refinery process unit, and
						that is combusted separately or in any combination with any type of gas or used
						as a chemical feedstock.
(125)
						"Renewable diesel" means a motor vehicle fuel or fuel additive that is all of
						the following:
(A) Registered as a motor
						vehicle fuel or fuel additive under 40 CFR part 79 ;
(B) Not a mono-alkyl ester;
(C) Intended for use in engines that are
						designed to run on conventional diesel fuel; and
(D) Derived from nonpetroleum renewable
						resources.
(126)
						"Renewable energy" means energy from sources that constantly renew themselves
						or that are regarded as practically inexhaustible. Renewable energy includes
						energy derived from solar, wind, geothermal, hydroelectric, wood, biomass,
						tidal power, sea currents, and ocean thermal gradients.
(127) "Renewable Energy Credit" or "REC" has
						the same meaning defined in the California Energy Commission's "Renewable
						Portfolio Standard Eligibility," 7th edition, Commission Guidebook, April,
						2013, CEC-300-2013-005-ED7-CMF, pages 123-125, which are incorporated by
						reference herein.
(128) "Reporting
						entity" means a facility owner or operator, fuel supplier, or electricity
						importer subject to the requirements of this subarticle.
(129) "Report Year" or "Reporting Year" means
						the calendar year for which emissions are being reported in the emissions data
						report.
(130) "Residual fuel oil"
						means a general classification for the heavier oils, known as No. 5 and No. 6
						fuel oils, that remain after the distillate fuel oils and lighter hydrocarbons
						are distilled away in refinery operations.
(131) "Retail provider" means an entity that
						provides electricity to retail end users in California and is an electric
						corporation as defined in Public Utilities Code section
						218,
						electric service provider as defined in Public Utilities Code section
						218.3,
						local publicly owned electric utility as defined in Public Utilities Code
						section
						224.3,
						a community choice aggregator as defined in Public Utilities Code section
						331.1,
						or the Western Area Power Administration. For purposes of this subarticle,
						electrical cooperatives, as defined by Public Utilities Code section
						2776,
						are excluded.
(132)
						"Self-generation facility" means a facility dedicated to serving a particular
						electricity end user, usually located on the user's premises. The facility may
						either be owned directly by the electricity user or owned by an entity with a
						contractual arrangement to provide electricity to meet some or all of the
						user's load.
(133) "Short ton" or
						"Ton" means a common international measurement for mass, equivalent to 2,000
						pounds.
(134) "Sink" or "sink to
						load" or "load sink" means the sink identified on the physical path of NERC
						e-Tags, where defined points have been established through the NERC Registry.
						Exported electricity is disaggregated by the sink on the NERC e-Tag, also
						referred to as the final point of delivery on the NERC e-Tag.
(135) "Source" means greenhouse gas source,
						any physical unit, process, or other use or activity that releases a greenhouse
						gas into the atmosphere.
(136)
						"Specified source of electricity" or "specified source" means a facility or
						unit which is permitted to be claimed as the source of electricity delivered.
						The reporting entity must have either full or partial ownership in the
						facility/unit or a written power contract to procure electricity generated by
						that facility/unit. Specified facilities/units include cogeneration systems.
						Specified source also means electricity procured from an asset-controlling
						supplier recognized by the ARB.
(137) "Stand-alone electricity generating
						facility" means an electricity generating facility whose primary business and
						sole industrial operation is electricity generation, and is not a cogeneration
						or bigeneration facility.
(138)
						"Stationary" means neither portable nor self propelled, and operated at a
						single facility.
(139) "Substitute
						power" or "substitute electricity" means electricity that is provided to meet
						the terms of a power purchase contract with a specified facility or unit when
						that facility or unit is not generating electricity.
(140) "Therm" means a unit of heat equal to
						100,000 British thermal units (1.054 x 108
						joules).
(141) "Thermal energy"
						means the thermal output produced by a combustion source used directly as part
						of a manufacturing process, industrial/commercial process, or heating/cooling
						application, but not used to produce electricity.
(142) "Unspecified source of electricity" or
						"unspecified source" means a source of electricity that is not a specified
						source at the time of entry into the transaction to procure the
						electricity.
(143) "Useful thermal
						output" means the thermal energy made available in a cogeneration system for
						use in any industrial or commercial process, heating or cooling application, or
						delivered to other end users, i.e., total thermal energy made available for
						processes and applications other than electrical generation.
(144) "Wholesale sales" in the context of
						delivered electricity, means sales for resale.