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 5 - Registration and Accounts › Section 95831 - Account Types

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Accounts Created for Registered Entities.
(1)
						The Executive Officer shall not create more than one holding account, one
						limited use holding account, one compliance account, one annual allocation
						holding account, or one exchange clearing holding account for each entity
						registered pursuant to 95830.
(2)
						Holding Accounts. When the Executive Officer approves a registration for a
						covered entity, an opt-in covered entity, or a voluntarily associated entity,
						the accounts administrator will create a holding account for the
						registrant.
(3) Limited Use Holding
						Accounts. When an entity qualifies for a direct allocation under section
						95890(b) or
						95890(f), the
						accounts administrator will create a limited use holding account for the entity
						that shall be subject to the following restrictions:
(A) The entity may not transfer compliance
						instruments from other accounts into the limited use holding account;
						and
(B) The entity may not transfer
						compliance instruments from the limited use holding account to any account
						other than the Auction Holding Account.
(4) Compliance Accounts. When the Executive
						Officer approves a registration for a covered entity or opt-in covered entity,
						the accounts administrator will create a compliance account for the entity.
(A) A covered entity or opt-in covered entity
						may transfer compliance instruments to its compliance account at any
						time.
(B) A compliance instrument
						transferred into a compliance account may not be removed by the
						entity.
(C) The Executive Officer
						may transfer compliance instruments into a compliance account. The Executive
						Officer may remove compliance instruments to satisfy a compliance obligation or
						when closing an account.
(5) Exchange Clearing Holding Accounts. When
						the Executive Officer approves registration for an entity identified as a
						voluntarily associated entity pursuant to section
						95814(a)(3), then
						the accounts administrator will create an exchange clearing holding account for
						the entity.
(A) Entities may transfer
						compliance instruments to exchange clearing holding accounts only for the
						purpose of transferring control of the instruments to the entity performing the
						clearing function.
(B) The clearing
						entity may only transfer the compliance instruments in its exchange clearing
						holding account to the account designated by the entity receiving the
						allowances under the transaction being cleared.
(6) Annual Allocation Holding Account. When
						an entity qualifies for a direct allocation under subarticle 9, the accounts
						administrator will create an annual allocation holding account for the entity.
(A) Except for allowances to be placed in
						limited use holding accounts, the Executive Officer will place allowances
						allocated to an entity on a date prior to the vintage year of the allowances
						into the entity's annual allocation holding account.
(B) Entities may only transfer allowances
						from an annual allocation holding account to their compliance account. No other
						transfer of allowances from an annual allocation holding account is
						permitted.
(C) Allowances
						transferred from an annual allocation holding account to an entity's compliance
						account will be subject to the holding limit pursuant to section
						95920(c).
(D) Allocation of allowances to publicly
						owned electric utilities and electrical cooperatives pursuant to subarticles 8
						and 9 will be transferred on January 1 of the vintage year of the allowances to
						the compliance accounts designated in the determination made by the entity
						pursuant to section
						95892(b)(2)(A).
(E) Allocation of allowances to natural gas
						suppliers pursuant to subarticles 8 and 9 will be transferred on January 1 of
						the vintage year of the allowances to the entity's compliance account pursuant
						to section
						95893(b)(1)(B).
(F) Allocation of allowances to industrial
						entities, universities, public service facilities, waste-to-energy facilities,
						and legacy contract generators pursuant to subarticles 8 and 9 will be
						transferred to the entity's holding account on January 1 of the vintage year of
						the allowances.
(G) Allocation of
						allowances to public wholesale water agencies pursuant to subarticles 8 and 9
						will be transferred on January 1 of the vintage year of the allowances to the
						entity's compliance account pursuant to section
						95895(a).