California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 8 - Clean Fuels Program › Section 2304 - Determination of Total and Additional Number of Retail Clean Fuel Outlets Required for Each Designated Clean Fuel in Each Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer shall, for each designated clean fuel,
				  determine the total number of retail clean fuel outlets required for each year,
				  and the total number of additional retail clean fuel outlets required for the
				  first time in the year, in accordance with this section. The executive officer
				  shall make the determination at least fourteen months before the start of the
				  year.
(a)
Determination of
				total number of retail clean fuel outlets required for each designated clean
				fuel in each year
. The executive officer shall determine for each
				designated clean fuel the total number of retail clean fuel outlets that shall
				be required for that designated fuel in each year, calculated as follows:
(1)
Formula for calculating required
				number of clean fuel outlets
.
Except as otherwise provided in this section
				  2304(a), the
				  total number of clean fuel outlets that shall be required for each designated
				  clean fuel for each year shall be calculated as follows:
Required Clean Fuel
						  Outlets
=
Total Projected Maximum Clean Fuel
						  Volume
-
Discounted Clean Fuel Volume for
						  Fleet Vehicles
+
Total Clean Fuel Volume From
						  Vehicle Conversions
Clean Fuel Throughput Volume
							 per Station
Where:
Total Projected Maximum Clean Fuel
				  Volume
shall be determined in accordance with the procedures set forth
				  in section
				  2303(c).
Discounted Clean Fuel Volume for Fleet
				  Vehicles
means the total volume of the designated clean fuel (adjusted
				  to gasoline volumes on an energy equivalent basis) estimated to be used in
				  fleet vehicles during the year, multiplied by the discount factor determined
				  pursuant to section
				  2303.5(a) for the
				  designated clean fuel for the year in which the retail clean fuel outlet
				  trigger was reached. This figure shall be determined by the executive officer
				  using the methodology in section
				  2303(c), the
				  reports filed pursuant to section
				  2313 and any other relevant
				  reasonably available information.
Total Clean Fuel Volume from Vehicle
				  Conversions
means the total amount of the designated clean fuel
				  (adjusted to gasoline volumes on an energy equivalent basis) for each vehicle
				  class from conversions. This figure shall be determined by the executive
				  officer based on information provided by the Department of Motor Vehicles and
				  on any other relevant reasonably available information.
Clean Fuel Throughput Volume Per Station
for
				  liquid fuel shall be 300,000 gasoline equivalent gallons per year for each
				  designated clean fuel, except that once more than five percent of all retail
				  gasoline outlets are required to be equipped to dispense a particular liquid
				  clean fuel, the clean fuel throughput volume per station shall be 600,000
				  gasoline equivalent gallons for purposes of calculating the number of required
				  retail clean fuel outlets in excess of five percent of all retail gasoline
				  outlets. For gaseous fuel, the clean fuel throughput volume per station shall
				  be 400,000 therms per year.
(2)
Executive officer adjustments to
				the number of required retail clean fuel outlets.
(A)
Reducing projected clean fuel
				volume to reflect the volume of gasoline used in dual-fuel or flexible-fuel
				vehicles
. For each year, the executive officer shall determine for
				each designated clean fuel the percentage of the low-emission vehicles
				identified for the year pursuant to section
				2303(b) that will
				be dual-fuel or flexible-fuel vehicles. The executive officer shall further
				determine the approximate percentage of the fuel used during the year in these
				dual-fuel or flexible-fuel vehicles that will be gasoline rather than the
				designated clean fuel and multiply that percentage by 0.85. The executive
				officer shall then discount the "Total Projected Maximum Clean Fuel Volume"
				attributed to these vehicles in the section
				2304(a)(1)
				equation by the adjusted percentage. The determinations are to be based on the
				information sources identified in section
				2303(a) and on
				any other relevant reasonably available information.
(B)
Change to the discount for fleet
				vehicles
. If the executive officer determines that the discount factor
				applied to the calculation of the Clean Fuel Volume for Fleet Vehicles in the
				equation in section
				2304(a)(1) does
				not accurately reflect the approximate percentage of clean fuel that will be
				dispensed to the fleet vehicles from facilities other than retail clean fuel
				outlets projected 18 months from the start of the year for which the number of
				required clean fuel outlets is being determined, he or she shall revise the
				discount factor so that it is an accurate reflection of that percentage. The
				determination shall be based on reports filed pursuant to section
				2313 and on any other relevant
				reasonably available information.
(C)
Reducing the number of required
				retail clean fuel outlets to reflect certain preexisting outlets
.
1. For each year, the executive officer shall
				determine for each designated clean fuel the number of retail clean fuel
				outlets that [i] are owned or leased by persons who are not owners/lessors of
				any retail gasoline outlets, [ii] have a design capacity as set forth in
				section 2302(b) where
				applicable, [iii] satisfy the provisions of section
				2309(b), and [iv]
				are operating as of fifteen months before the start of the year for which the
				determination is being made.
2. For
				each year, the executive officer shall reduce the total number of required
				clean fuel outlets required for each designated clean fuel, as determined
				pursuant to sections
				2304(a)(1), (a)(2)(A) and
				(a)(2)(B) by the number of retail clean fuel
				outlets determined in accordance with section
				2304(a)(2)1. The
				executive officer shall notify the owner/lessor of each retail clean fuel
				outlet included in the determinations made pursuant to this section
				2304(a)(2), and
				no such outlet may be constructively allocated pursuant to section
				2308.
(D)
Notification regarding any
				adjustments
. If the executive officer makes an adjustment pursuant to
				section 2304(a)(2)(A), (B) or
				(C) for a given year, he or she shall notify
				interested parties of the adjustment and the underlying basis for the
				adjustment, at least fourteen months before the start of the year. The notice
				shall be provided to trade associations representing gasoline refiners,
				distributors and retailers, representative environmental groups, and any person
				who has requested in writing to receive such notices.
(E)
Requests to revise the executive
				officer's adjustments
. Any interested party may request in writing
				that the executive officer revise the adjustments, and may submit any relevant
				information supporting revised determinations. In order to be considered by the
				executive officer, the written request and supporting information must be
				received no more than 30 days after issuance of the notice. The executive
				officer shall consider any requests that are timely submitted, and shall issue
				his or her final determinations no less than twelve months before the start of
				the year in question. At the same time, the executive officer shall make any
				resulting modifications to the determinations and notifications made pursuant
				to sections
				2304(b),
				2306 and
				2307.