California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 8 - Clean Fuels Program › Section 2307 - Allocation Among Affected Owner/Lessors of the Total Number of Retail Clean Fuel Outlets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For each year, the executive officer shall, for each
				  designated clean fuel, make the determinations set forth in this
				  section.
(a)
Allocation among
				affected owner/lessors of the number of additional retail clean fuel outlets
				for each year.
For each year, the executive officer shall determine the
				  number of additional retail clean fuel outlets that each affected owner/lessor
				  of retail gasoline outlets is required for the first time to have in place in
				  the state. This number shall be calculated, for each designated clean fuel, by
				  multiplying the owner/lessor's number of non-clean fuel retail gasoline outlets
				  (determined in accordance with section
				  2307(b)) by the
				  clean fuel fraction (determined in accordance with section
				  2307(c)), rounded
				  to the nearest integer using conventional rounding. If the resulting number is
				  less than zero, the number shall be adjusted to zero.
(b)
Determination of an
				owner/lessor's number of non-clean fuel retail gasoline outlets.
The
				executive officer shall determine an owner/lessor's number of non-clean fuel
				retail gasoline outlets by subtracting the sum of the owner/lessor's total
				required minimum number of retail clean fuel outlets for all designated clean
				fuels in the preceding year as determined pursuant to section
				2307(d), from the
				owner/lessor's total number of retail gasoline outlets (based on reports
				submitted pursuant to section
				2312 and other reasonably
				available relevant information).
(c)
Determination of clean fuel
				fraction.
For each designated clean fuel, the executive officer shall
				calculate the clean fuel fraction for each designated clean fuel as follows:
(Clean Fuel Fraction=Total Number of Retail Clean Fuel Retail
				  Outlets)/(Number of Non-Clean Fuel Outlets Owned by All Affected
				  Owner/Lessors)
Where:
Total Additional Number of Retail Clean Fuel
				  Outlets
is the total number of additional retail clean fuel outlets
				  required for the year for the particular clean fuel in accordance with section
				  2304(b).
Number of Non-Clean Fuel Outlets Owned by All
				  Affected Owner/Lessors
is calculated by subtracting the sum of the
				  required retail outlets determined in accordance with section
				  2304(a) for all
				  clean fuels from the sum of the number of retail gasoline outlets owned or
				  leased by all of the affected owners and lessors estimated by the executive
				  officer based on the reports submitted pursuant to section
				  2312 and other reasonably
				  available relevant information.
(d)
Determination of each
				owner/lessor's total required minimum number of retail clean fuel outlets for
				each clean fuel for each year.
For each year, each owner/lessor's required minimum number of
				  retail clean fuel outlets for each designated clean fuel in the state shall
				  consist of the number of additional retail clean fuel outlets that the
				  owner/lessor is required for the first time to have in place in the year as
				  determined in accordance with section
				  2307(a), added to
				  the sum of the numbers of additional retail clean fuel outlets required of the
				  owner/lessor for the first time in each of the previous years as determined in
				  accordance with section
				  2307(a). The
				  required minimum number of an owner/lessor's retail clean fuel outlets for each
				  designated clean fuel in a year shall not be less than the required minimum
				  number of such outlets for the previous year, except that there shall be no
				  required minimum number outlets for a designated clean fuel in any year for
				  which the number of vehicles estimated by the executive officer pursuant to
				  section 2303(b) is less
				  than 20,000.
(e)
Notification of owner/lessors.
At least fourteen months before the start of each year, the
				  executive officer shall notify each affected owner/lessor in writing of the
				  owner/lessor's required minimum number of clean fuel outlets for each
				  designated clean fuel for the year. The written notification shall include a
				  detailed analysis of how the number was derived.
1. New section
				  filed 8--30--91; operative 9--30--91 (Register 92, No. 14).
2.
				  Amendment of section heading, section and NOTE filed 12--8--2000; operative
				  1-7-2001 (Register 2000, No. 49).
Note: Authority cited: Sections
					 39600,
					 39601,
					 39667,
					 43013,
					 43018
					 and
					 43101,
					 Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
					 Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
					 Reference: Sections
					 39000,
					 39001,
					 39002,
					 39003,
					 39500,
					 39515,
					 39516,
					 39667,
					 43000,
					 43013,
					 43018
					 and
					 43101,
					 Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
					 Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249
					 (1975).