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§ 95483.2. LCFS Data Management System.

17 CA ADC § 95483.2Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 10. Climate Change (Refs & Annos)
Article 4. Regulations to Achieve Greenhouse Gas Emission Reductions
Subarticle 7. Low Carbon Fuel Standard
17 CCR § 95483.2
§ 95483.2. LCFS Data Management System.
The LCFS Data Management System refers to all the online systems responsible for LCFS data management and program implementation.
The LCFS Data Management System comprises three interactive and secured web-based systems: Alternative Fuel Portal, LCFS Reporting Tool and Credit Bank and Transfer System, and LCFS Verification Portal.
(a) Alternative Fuel Portal (AFP). The AFP supports fuel pathway applications, certifications, and verifications. It also handles the registration of fuel production facilities and opt-in projects.
(1) Eligibility. Any person who intends to be a fuel pathway applicant or an opt-in project operator can request to establish an account in the AFP.
(2) Requirements to Establish an Account in AFP. To establish an account in the AFP, an entity must complete and submit the online AFP account registration form and provide the following:
(A) Organization name, address, state and country, Organization Federal Employer Identification Number (FEIN), company EPA ID, if available, facility location(s).
(B) A letter on company letterhead stating the basis for qualifying for an account pursuant to subsection (1) above. This letter must be signed by the company owner, a president, a managing partner, or a corporate officer. An electronic copy of the signed letter must be uploaded in the AFP.
(C) The registrant must designate a primary account representative and at least one alternate account representative. The primary account representative and the alternate account representative(s) must attest, as follows:
“I certify under penalty of perjury under the laws of the State of California as follows: I was selected as the primary account representative or the secondary account representative, as applicable, by an agreement that is binding on all persons who have the legal right to access the AFP account. I have all the necessary authority to carry out the duties and responsibilities contained in California Code of Regulations, title 17, sections 95480 et seq. on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Executive Officer or a court regarding the account.”
(D) For each representative, name, title, relationship to the organization, business phone, e-mail address, username, and password.
(E) The account representatives can be changed by following steps set forth in subsection (B), (C), and (D) above. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representatives prior to the time and date when the Executive Officer receives the superseding information shall be binding on the entity.
(3) Account Approval.
(A) The account is established when the Executive Officer approves the application.
(B) Account registration application may be denied based on false, misleading, or missing information.
(4) Account Management Roles and Duties.
(A) The account representative is responsible for making any changes to the company profile within AFP.
(B) The account representative may designate users within the company who can access and manage the account.
(C) If any information required by section 95483.2(a)(2) changes, the entity holding the account must update the account to reflect the changes within 30 calendar days.
(b) LCFS Reporting Tool and Credit Bank & Transfer System (LRT-CBTS). The LRT-CBTS is designed to support fuel transaction reporting, compliance demonstration, credit generation, banking, and transfers.
(1) Eligibility. The following entities can request to establish an account in the LRT-CBTS:
(A) A fuel reporting entity;
(B) An entity opting into LCFS, pursuant to section 95483 or 95483.1; or
(C) An LCFS credit broker.
(2) Deadline to Establish LRT-CBTS Account.
(A) An entity responsible for reporting any transportation fuels pursuant to section 95483 must complete registration at least 30 days prior to the date for filing any required report.
(B) An opt-in entity can register anytime during a calendar year. All quarterly and annual reporting is then required, beginning with the quarter in which registration was approved, and continuing until any opt-out is completed.
(C) Any broker must register in LRT-CBTS prior to facilitating any LCFS credit trades.
(3) Requirements to Establish an Account in LRT-CBTS. A company owner, a president, a managing partner, or a corporate officer with legal binding authority must complete and submit the online LRT-CBTS account registration form and provide the following:
(A) Organization name, address, state and country, Organization Federal Employer Identification Number (FEIN), date and place of incorporation.
(B) A letter on company letterhead stating the basis for qualifying for an account pursuant to subsection (1) above. This letter must be signed by the company owner, a president, a managing partner, or a corporate officer. A signed pdf copy must be uploaded in the LRT-CBTS to complete the application process.
(C) The online LRT-CBTS registration form must designate a primary account representative and at least one alternate account representative. The primary account representative and the alternate account representative(s) must attest in writing, as follows:
“I certify under penalty of perjury under the laws of the State of California as follows: I was selected as the primary account representative or the secondary account representative, as applicable, by an agreement that is binding on all persons who have the legal right to control LCFS credits held in the account. I have all the necessary authority to carry out the duties and responsibilities contained in California Code of Regulations, title 17, sections 95480 et seq. on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Executive Officer or a court regarding the account.”
(D) For each representative, name, title, relationship to the organization, business and mobile phone, e-mail address, username, and password.
(E) The account representatives can be changed by following steps set forth in subsections (B) through (D) above. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representatives prior to the time and date when the Executive Officer receives the superseding information shall be binding on the entity.
(F) A designated fuel reporting entity pursuant to section 95483(b) and (c) must also provide a written contractual agreement demonstrating it acquired the first fuel reporting entity status from another entity for each such entity.
(G) Clearing Service Providers. In addition to requirements specified in 95483.2(b)(3)(A) through (E), a clearing service provider requesting to establish an LRT-CBTS account must provide documents demonstrating their eligibility pursuant to section 95483.1(a)(3).
(4) LCFS Credit Broker. A broker may represent other LRT-CBTS account holders in LCFS credit transfers. To register a broker account, the broker must provide the following:
(A) Broker's organization name, address, state and country, Organization Federal Employer Identification Number (FEIN), date, and place of incorporation, if applicable.
(B) Broker's name, business and mobile phone, e-mail address, username, and password.
(C) Broker's statement attesting: “By submitting this broker registration application to the LCFS program for a broker account in the LRT-CBTS, I am submitting to the jurisdiction of the California courts. I certify under penalty of perjury that I have not been convicted of a felony in the last five years.”
(5) Account Approval.
(A) The account is established when the Executive Officer approves the application.
(B) Account registration application may be denied based on false, misleading or missing information.
(6) Account Management Roles and Duties.
(A) The account representative is responsible for making any changes to the company profile within LRT-CBTS.
(B) The account representative may designate users within the company who can access and manage the account.
(C) The account representative is responsible for meeting the reporting requirements as set forth in section 95491.
(D) If any information required by section 95483.2(b)(3) changes, the entity holding the account must update the account to reflect the changes within 30 calendar days.
(7) Account Closure.
(A) An LRT-CBTS account is subject to suspension or closure based on any of the following:
1. The account holder is no longer eligible to establish an LRT-CBTS account pursuant to section 95483.2(b)(1);
2. The account holder fails to comply with requirements of section 95483.2(b); and
3. The account holder intends to opt out pursuant to section 95483.1(c).
(B) The account holder must provide a notice of intent to the LRT-CBTS Administrator to close the account within 90 days after any condition in subsection (A) above. The entity must submit a final quarterly report for the quarter in which the notice was provided, submit a final annual report, and submit verification that any remaining deficits have been eliminated. The Executive Officer shall notify the entity of the final account closure. Any credits that remain in the entity's account at the time of the closure will be placed in the Buffer Account.
(C) Failure to provide notice pursuant to subsection (B) above will result in account closure and forfeit of any credits that remain in the entities account at the time of the closure.
(D) When an entity requests to reopen the LRT-CBTS account that was previously closed, the entity must follow the requirements as set forth in section 95483.2(b) to reopen the account.
(8) Registration of Fueling Supply Equipment (FSE). After establishing the LRT-CBTS account, fuel reporting entities for natural gas, electricity, propane, and hydrogen must register all fueling supply equipment in the LRT-CBTS using the FSE registration template available on the LRT-CBTS home page. The completed FSE registration template with supporting documents must be uploaded into the LRT-CBTS. Upon FSE registration, the applicant will receive a unique LCFS FSE ID that must be used for reporting fuel transactions in the LRT-CBTS pursuant to 95491. The following must be provided:
(A) General Requirements. All FSE registrations must include:
1. Federal Employer Identification Number (FEIN) for the entity registering, name of the facility at which FSE is situated, street address, latitude, and longitude of the FSE location.
2. Name and address of the entity that owns the FSE, if different from the entity registering the FSE.
(B) Specific Requirements by Fuel Type.
1. For CNG, FSE refers to a fueling station associated with a utility meter. A CNG station with multiple dispensers is considered a single FSE. Fuel reporting entities for CNG must provide the natural gas utility meter number at the FSE location, name of the utility company, and a copy of the most recent utility bill.
2. For LNG and propane, FSE refers to a fueling station. An LNG or propane station with multiple dispensers is considered a single FSE. Fuel reporting entities for LNG and propane must provide a unique identifier associated with the FSE used for their own fuel accounting or financial accounting or other purposes and copy of invoice or bill of lading for the most recent fuel delivery.
3. For non-residential EV charging, FSE refers to each piece of equipment capable of measuring the electricity dispensed for EV charging. Fuel reporting entities for non-residential EV charging for on-road applications must provide the serial number assigned to the FSE by the original equipment manufacturer (OEM) and the name of OEM. If there are multiple FSEs at the same location, each unique piece of equipment must be registered separately.
4. For residential metered EV charging, FSE refers to a piece of equipment or on-vehicle telematics capable of measuring the electricity dispensed for EV charging.
a. Fuel reporting entities for metered residential EV charging using off-vehicle meters must provide the serial number assigned to the FSE by the OEM, the name of the equipment OEM, and the Vehicle Identification Number (VIN) for the vehicle expected to be charged at the location.
b. Fuel reporting entities using vehicle telematics must provide the VIN.
c. FSE registration is optional when reporting metered electricity to generate base credits.
d. Notwithstanding subsection (8)(A) above, location information and address is not required for residential charging.
5. Fuel reporting entities for fixed guideway systems are exempt from subsection (A)1. above. The LRT-CBTS will assign FSE IDs for reporting purposes based on the information provided in the LRT-CBTS account registration form.
6. For electric forklifts, eCHE, or eOGV, FSE refers to the facility or location where electricity is dispensed for fueling. If there are multiple FSEs capable of measuring the electricity dispensed at the facility or location, then it is optional to provide serial number assigned to each equipment by the OEM and the name of OEM.
7. For eTRU, FSE refers to each eTRU. Fuel reporting entities for eTRU fueling must provide the serial number assigned to the unit by the OEM and the name of the OEM.
8. For hydrogen, FSE refers to a fueling station. A hydrogen station with multiple dispensers is considered a single FSE. Fuel reporting entities for hydrogen must provide the station ID assigned by SOSS.
9. For transportation applications not covered in paragraphs 1. through 8. above, FSE refers to a fuel dispenser or a transportation equipment with the capability to measure the dispensed fuel in that equipment.
(c) LCFS Verification Portal (LVP). The LVP is designed to support LCFS verification processes.
(1) Eligibility. Any entity providing verification services pursuant to section 95500 (Executive Officer accredited verification body) can request an account in LVP.
(2) Requirements to Establish an Account in LVP. A company owner, a president, a managing partner, a corporate officer, or any other person with binding legal authority must complete and submit the online LVP account registration form and provide the following:
(A) Organization name, address, state and country, Organization Federal Employer Identification Number (FEIN), date and place of incorporation.
(B) The online LVP registration form must designate a primary account representative and at least one alternate account representative.
The primary account representative and the alternate account representative(s) must attest in writing, as follows:
“I certify under penalty of perjury under the laws of the State of California as follows: I was selected as the primary account representative or the secondary account representative, as applicable, by an agreement that is binding on all persons who have the legal right to submit information on behalf of the verification body. I have all the necessary authority to carry out the duties and responsibilities contained in California Code of Regulations, title 17, sections 95480 et seq. on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Executive Officer or a court regarding the account.”
(C) For each representative, name, title, relationship to the organization, business and mobile phone, e-mail address, username, and password.
(D) The account representatives can be changed by following steps set forth in subsection (B) and (C) above. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representatives prior to the time and date when the Executive Officer receives the superseding information shall be binding on the entity.
(3) Account Approval.
(A) The account is established when the Executive Officer approves the application.
(B) Account registration application may be denied based on false, misleading or missing information.
(4) Account Management Roles and Duties.
(A) The account representative is responsible for making any changes to the company profile within LVP.
(B) The account representative may designate users within the company who can access and manage the account.
(C) The account representative is responsible for meeting the requirements as set forth in section 95500 through 95502.
(D) If any information required by section 95483.2(c)(2) changes, the entity holding the account must update the account to reflect the changes within 30 calendar days.

Credits

Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38571, 38580, 39600, 39601 and 43018, Health and Safety Code; 42 U.S.C. section 7545; 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 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516 and 43000, Health and Safety Code; Section 25000.5, Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
2. Amendment of section heading and repealer and new section filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 17, § 95483.2, 17 CA ADC § 95483.2
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