§ 95491. Fuel Transactions and Compliance Reporting.
17 CA ADC § 95491Barclays Official California Code of Regulations
17 CCR § 95491
§ 95491. Fuel Transactions and Compliance Reporting.
A fuel reporting entity must submit to the Executive Officer Quarterly Fuel Transactions Reports and Annual Compliance Reports, as specified in this section.
The fuel reporting entity is solely responsible for ensuring that the Executive Officer receives its quarterly fuel transactions reports and annual compliance reports by the deadlines specified in this section. The Executive Officer shall not be responsible for failure of electronically submitted reports to be transmitted to the Executive Officer. The reports must contain a statement attesting to the report's accuracy and validity. The Executive Officer shall not deem an electronically submitted report to be valid unless the report is accompanied by a digital signature that meets the requirements of California Code of Regulations, title 2, sections 22000 et seq.
(1) Quarterly Fuel Transactions Data: The data for the quarterly fuel transactions report for each fuel type must be uploaded in the LRT-CBTS within the first 45 days after the end of the quarter. During the subsequent 45 days, fuel reporting entities shall use the reconciliation tools provided in the LRT-CBTS and in conjunction with business partners to complete any necessary report corrections, if applicable.
June 30th - for the first calendar quarter covering January through March;
September 30th - for the second calendar quarter covering April through June;
December 31st - for the third calendar quarter covering July through September; and
March 31st - for the fourth calendar quarter of the prior year covering October through December.
(2) Information that must be reported are as follows: Organization FEIN, Reporting Period (year and quarter), FPC, Fuel Amount, Transaction Type, Transaction Date, Business Partner (if applicable), Aggregated Transaction Indicator, Fuel Application, Production Company ID and Facility ID (if applicable).
(d) Specific Reporting Requirements for Quarterly Fuel Transactions Reports. In addition to all requirements specified in section 95491(c), for each of its transportation fuels, a fuel reporting entity must submit a quarterly fuel transactions report that contains the information specified below and summarized in Table 11:
(A) The applicable transaction types, defined in section 95481, are as follows: Production in California, Production for Import, Import, Purchased with Obligation, Purchased without Obligation, Sold with Obligation, Sold without Obligation, Export, Loss of Inventory, Gain of Inventory, and Not Used for Transportation. The transaction type “Production for Import” is to be reported by out-of-state producers who choose to be the first fuel reporting entity for fuel imported into California. The transaction type “Import” is to be reported by non-producers who choose to be the first fuel reporting entity for out-of-state fuel imported into California. The following information are to be reported:
3. The volume (in gal) of each blendstock per reporting period. For purposes of this provision only, except as provided in subsection 4. below, the fuel reporting entity may report the total volume of each blendstock aggregated for each distinct carbon intensity value (e.g., X gallons of blendstock with A gCO2e/MJ, Y gallons of blendstock with B gCO2e/MJ).
Vs,e = Va,e x (-0.0006301 x T + 1.0378)
where:
Vs,e is the standardized volume of ethanol at 60°F, in gallons;
Va,e is the actual volume of ethanol, in gallons; and
T is the actual temperature of the batch, in °F.
where:
Vs,b is the standardized volume of biodiesel at 60°F, in gallons;
Va,b is the actual volume of biodiesel, in gallons; and
T is the actual temperature of the batch, in °F.
b. The standardized volume of biodiesel at 60°F, in gallons, as calculated from the use of the American Petroleum Institute Refined Products Table 6B, as referenced in ASTM D1250-08 (Reapproved 2013), which is incorporated herein by reference, or by comparable means that can be demonstrated to a verifier or the Executive Officer to be consistent with these standard methods.
3. For other liquid fuels, the volume correction to standard conditions must be calculated by the methods described in the American Petroleum Institute (API) Manual of Petroleum Measurement Standards Chapter 11 - Physical Properties Data (May 2004), the ASTM Standard Guide for Use of the Petroleum Measurement Tables, ASTM D1250-08 (Reapproved 2013), or the API Technical Data Book - Petroleum Refining Chapter 6 - Density (Sixth Edition, April 1997), all three of which are incorporated herein by reference, or by comparable means that can be demonstrated to a verifier or the Executive Officer to be consistent with these standard methods.
(C) Fuel Pathway Allocation for Produced Fuel. If a fuel production facility simultaneously processes multiple feedstocks, the producer or fuel reporting entity must associate each portion of the total fuel produced with processed feedstock during each reporting period (calendar quarter). Feedstock quantities must not be counted more than once for any fuel produced. The fuel reporting entity must use one of the following methods to allocate feedstock to the quantities of produced fuel reported under each certified FPC.
b. If the actual quantity of fuel produced during a reporting period is greater than the quantity calculated using a. above, and all feedstocks in inventory and received by the production facility during the reporting period were included in the fuel pathway application, the excess fuel must be reported under a fuel pathway with the highest CI among all pathways certified for the fuel production facility.
3. Facilities with multiple certified fuel pathways that do not use feedstock inventory accounting must include chemical analysis data supporting the calculated yield (i.e. the converted fraction of measured feedstock) in annual Fuel Pathway Reports. The producer or fuel reporting entity must use the yield calculated from the most recent prior analysis to determine the quantities of fuel to allocate to each FPC.
1. Reporting Fuel Blends. When reporting export of fuel blends, the amount of each blendstock shall be reported in the LRT-CBTS. If the accurate blend percentage of each blendstock is not known then default blend percentage values provided on the LCFS web site shall be used for reporting the exports. Default blend percentage values are based on prior year average values.
(A) The quantity of fuel dispensed must be reported per FSE, as set forth in section 95483.2(b), with a certified FPC and with transaction type “NGV Fueling.” For CNG and L-CNG, the quantity of fuel dispensed (in Therms at Higher Heating Value (HHV)) per reporting period separately for all light/medium-duty vehicles (LDV & MDV), for heavy-duty vehicles with compression ignition engines (HDV-CIE), and for heavy-duty vehicles with spark ignition engines (HDV-SIE). For LNG, the volume of fuel dispensed (in gal) per reporting period separately for all LDV/MDV, for HDV-CIE, and for HDV-SIE.
1. Within the first 45 days after the end of the quarter, the EDU must provide the Executive Officer Daily Average EV Electricity Use data for the calculation of credits for non-metered charging from the prior quarter. The Executive Officer shall use the method set forth in subsection 95486.1(c)(1), to calculate any credits generated for the quarter and place them into the EDU's LRT-CBTS account; and
5. The LSE must include, in the Annual Compliance Report, the following supplemental information: an itemized summary of efforts to meet requirements 1. through 3. above and costs associated with meeting the requirements. Investor-owned utilities must also provide an unredacted copy of the annual implementation report required under Order 4 of Public Utilities Commission of California (PUC) Decision 14-12-083, or any successor PUC Decisions.
7. A non-LSE credit generator must use credit proceeds to benefit EV drivers and their customers, and educate them about the benefits of EV transportation (including environmental benefits and costs of EV charging, or total cost of ownership, as compared to gasoline). The credit generator must include, in their Annual Compliance Report, an itemized summary of efforts and costs associated with meeting these requirements.
2. For generating incremental credit for low-CI electricity, the quantity of electricity (in kWh) used for residential EV charging must be reported per FSE, as set forth in section 95483.2(b), using a certified FPC and with transaction type “EV Charging - Non-Grid”, and the following requirements must be met:
a. The reporting entity must be able to provide to the Executive Officer records, upon request, demonstrating that the low-CI electricity is supplied (including through book-and-claim accounting) to the same residences where the EV charging is taking place and during the period for which incremental credits are generated, and that any renewable energy certificates associated with the low-CI electricity were retired in the WREGIS for the purpose of LCFS credit generation;
3. For generating incremental credit for smart charging, the quantity of electricity (in kWh) used for residential EV charging must be reported per FSE, as set forth in section 95483.2(b), using the smart charging pathway CI values and with transaction type “EV Charging - Smart Charging”, and the following requirements must be met:
a. The reporting entity must be able to provide to the Executive Officer records, upon request, demonstrating that the low-CI electricity is supplied (including through book-and-claim accounting) to the FSE during the period for which incremental credits are generated, and that any renewable energy certificates associated with the low-CI electricity were retired in the WREGIS for the purpose of LCFS credit generation.
3. For generating credit for smart charging, the quantity of electricity (in kWh) used for EV charging must be reported per FSE, as set forth in section 95483.2(b), using the smart charging pathway CI values and with transaction type “EV Charging - Smart Charging”, and the following requirements must be met:
3. When electric forklift credits are claimed by an EDU, CARB staff will calculate the quantity of electricity supplied to electric forklifts in the EDUs service territory during a reporting period for the generation of credits. This reporting parameter is exempt from the quarterly reporting deadlines set forth in section 95491(b).
(D) For hydrogen reported with a pathway that claims carbon intensity reductions for shifts in time of electricity use for electrolytic hydrogen production, the quantity of electricity (in kWh) used to produce hydrogen for each hourly window must be reported with transaction type “FCV Fueling--Smart Electrolysis” and the following requirements must be met:
(3) All pending credit transfers initiated during a compliance period must be completed prior to submittal of the annual compliance report, if possible. If there is still a pending outgoing credit transfer, the credits will be taken from the account of the Seller that initiated the transfer and the annual compliance report will reflect the adjusted credit balance. If there is a pending incoming credit transfer, the Buyer's annual report will not reflect the balance until the transfer is completed. Upon completion, the annual compliance report must be reopened and resubmitted with the adjusted credit balance.
(h) Correcting a Previously Submitted Report. Upon discovery of an error, a fuel reporting entity may request to have previously submitted quarterly reports for the current compliance periods reopened for corrective edits and resubmittal by submitting a Correction Request Form online in the LRT-CBTS. The fuel reporting entity is required to provide justification for the report corrections and indicate the specific corrections to be made to the report. Pursuant to section 95486(a)(2), no credits may be claimed, and no deficits may be eliminated, retroactively for a quarter for which the quarterly reporting deadline has passed. Each submitted request is subject to Executive Officer review and approval. Permission to correct a report does not preclude enforcement based on misreporting.
Table 11. Summary Checklist of Quarterly and Annual Reporting Requirements.
Parameters to Report | Gasoline & Diesel Fuel Blends | Natural Gas & Propane | Electricity | Hydrogen | Neat Ethanol, Biomass-Based Diesel Fuels, Alternative Jet Fuel & Other Alternative Fuels |
---|
For Quarterly Reporting |
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Organization FEIN | x | x | x | x | x |
Reporting Period (year & quarter) | x | x | x | x | x |
Fuel Pathway Code | x | x | x | x | x |
Transaction Type | x | x | x | x | x |
* Transaction Date | x | x | x | x | x |
Business Partner (if applicable) | x | x | x | ||
Production Company ID and Facility ID | x** | x** | n/a | x | x** |
Fueling Supply Equipment ID | n/a | x | x | x | n/a |
Vehicle Identifier (if applicable) | n/a | n/a | x | n/a | n/a |
Aggregated Transaction Indicator (T/F) | x | x | n/a | x | x |
Fuel Application | x | x | x | x | x |
Amount of each gasoline and diesel blendstock | x | n/a | n/a | n/a | n/a |
Amount of each fuel used as gasoline or diesel replacement | n/a | x | x | x | x |
Amount of each fuel used as a jet fuel replacement | n/a | n/a | n/a | n/a | x |
MCON or other crude oil name designation, volume (in gal), and country (or state) of origin for each crude supplied to the refinery | x | n/a | n/a | n/a | n/a |
***Credits and Deficits generated per year (MT) | x | x | x | x | x |
***Credits/deficits carried over from the previous year (MT), if any | x | x | x | x | x |
***Credits acquired from another entity (MT), if any | x | x | x | x | x |
***Credits sold to another entity (MT), if any | x | x | x | x | x |
***Credits pledged for sale into CCM (MT), if any | x | x | x | x | x |
***Credits retired within LCFS (MT) to meet compliance obligation, if any | x | x | x | x | x |
MCON or other crude oil name designation, volume (in gal), and country (or state) of origin for each crude supplied to the refinery | x | n/a | n/a | n/a | n/a |
* Same as Title Transfer Date; For Aggregated Transactions enter the last day of the reporting period.
** Does not apply to CARBOB, Diesel Fuel, Fossil Propane, or Fossil NG.
*** Value will be calculated, stored and displayed in the LRT-CBTS.
Table 12. Annual Compliance Calendar.
February 14 | Upload all Q4 fuel transactions data in the LRT-CBTS and begin any needed reconciliation with business partners; Electrical Distribution Utility (EDU) that has opted into LCFS provide the data relevant to the calculation of base credits for non-metered EV charging for the prior quarter |
March 31 | Submit final Q4 fuel transactions report; Submit Q4 Crude Oil Reports (MCON Reports) |
March 31 | Annual Fuel Pathway Reports are due to the Executive Officer |
First Monday of April | Call for credits to be pledged into the Credit Clearance Market (CCM); the new maximum price for credits is published |
April 30 | Submit final Annual Compliance Report for preceding year; demonstrate compliance; voluntary pledge of credits for sale into CCM |
April 30 | Compliance Plan Implementation Report due if entity has an Approved Compliance Plan |
April 30 | Annual Crude Oil Reports (MCON Reports) are due to the Executive Officer |
May 15 | Upload all Q1 fuel transactions data in the LRT-CBTS and begin any needed reconciliation with business partners; EDU that has opted into LCFS provide the data relevant to the calculation of base credits for non-metered EV charging for the prior quarter |
May 15 | Executive Officer announces whether CCM will occur |
June 1 | Executive Officer posts list of CCM buyers and sellers |
June 1 | CCM for prior compliance year, if one occurs, opens and remains in effect until it closes on August 30th |
June 1 | New maximum credit price for all LCFS credit transactions goes into effect |
June 30 | Submit final Q1 fuel transactions report; Submit Q1 Crude Oil Reports (MCON Reports) |
August 14 | Upload all Q2 fuel transactions data in the LRT-CBTS and begin any needed reconciliation with business partners; EDU that has opted into LCFS provide the data relevant to the calculation of base credits for non-metered EV charging for the prior quarter |
August 30 | CCM for prior compliance year closes |
August 31 | Entities that bought and sold credits in the CCM submit amended Annual Compliance Report |
August 31 | Entities that participated in two consecutive CCMs submit a Compliance Plan |
August 31 | Verification Statements for Fuel Pathway Reports, Quarterly Fuel Transactions Reports, and Quarterly and Annual Crude Oil Reports are due to the Executive Officer |
September 30 | Submit final Q2 fuel transactions report; Submit Q2 Crude Oil Reports (MCON Reports) |
November 14 | Upload all Q3 fuel transactions data in the LRT-CBTS and begin any needed reconciliation with business partners; EDU that has opted into LCFS provide the data relevant to the calculation of base credits for non-metered EV charging for the prior quarter |
December 31 | Submit final Q3 fuel transactions report; Submit Q3 Crude Oil Reports (MCON Reports) |
Credits
Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38571, 38580, 39600, 39601, 41510, 41511 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, 41510, 41511 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 section, including redesignation of former subsections (b)-(e) as new section 95491.1, filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
3. Amendment of Table 12 within subsection (h) filed 5-27-2020; operative 7-1-2020 (Register 2020, No. 22).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 17, § 95491, 17 CA ADC § 95491
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