§ 2478.4. Spending Account.
13 CA ADC § 2478.4Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
13 CCR § 2478.4
§ 2478.4. Spending Account.
(a) By July 1, 2026, each Locomotive Operator not exempted from this section shall establish a Spending Account to be held in the name of the Responsible Official. Locomotive Operators may elect to use an Alternative Compliance Plan or the Alternative Fleet Milestone Option instead of direct compliance with the requirements in this section, in which case they instead shall follow the requirements in section 2478.7 or section 2478.8, respectively.
(1) A Locomotive Operator with a sufficient sum of ZE and Spending Account Deposit credits to offset their entire Spending Account Funding Requirement is exempt from the requirement in subsection (a) to establish a Spending Account until such time as their Spending Account Funding Requirement exceeds their available credits.
(b) Annual Spending Account Funding Requirement. On or before July 1, 2026, and every July 1 thereafter, a Locomotive Operator that has Operated one or more Locomotives in California during the immediately preceding Calendar Year shall deposit the Spending Account Funding Requirement into their Spending Account unless the Spending Account Funding Requirement as calculated in subsection (c) is equal to or less than zero. Funds deposited are to be solely dedicated to compliance with the Spending Account requirements. No other funding sources shall be comingled in this account.
(c) The Spending Account Funding Requirement, which is the total amount an Operator is required to deposit into their Spending Account for a given Calendar Year, shall be calculated by subtracting the total ZE Credit and Spending Account Deposit Credit as set forth in subsections (g)(3), (g)(4), and (h) from the total Spending Account Calculation, as set forth in subsection (f), for an Operator's Locomotive fleet.
(f) Spending Account Calculation Per Locomotive. The Spending Account Calculation Per Locomotive shall be calculated for each Calendar Year. For each Locomotive Operated in California during the immediately preceding Calendar Year, the Locomotive Operator shall use the following formula to calculate the Spending Account Calculation Per Locomotive:
Spending Account Calculation Per Locomotive [$] = {(Weighted Factor) x (PM EF [g/bhp-hr]) + (NOx EF [g/bhp-hr])} x (Annual Factor) x (Usage [MWhs])
Table 2: Weighted Factors and Annual Factors by Year
Year | Weighted Factor | Annual Factor |
---|
2025 | 13.1 | 89.0 |
2026 | 13.1 | 92.6 |
2027 | 13.1 | 96.2 |
2028 | 13.1 | 99.9 |
2029 | 13.1 | 103.8 |
2030 | 13.1 | 107.3 |
2031 | 13.1 | 111.4 |
2032 | 13.1 | 115.8 |
2033 | 13.1 | 120.4 |
2034 | 13.2 | 125.1 |
2035 | 13.2 | 130.1 |
2036 | 13.2 | 135.1 |
2037 | 13.2 | 140.6 |
2038 | 13.2 | 146.4 |
2039 | 13.2 | 152.1 |
2040 | 13.2 | 158.5 |
2041 | 13.2 | 164.8 |
2042 | 13.2 | 171.5 |
2043 | 13.2 | 178.5 |
2044 | 13.2 | 185.7 |
2045 | 13.2 | 193.3 |
2046 | 13.3 | 201.2 |
2047 | 13.3 | 209.6 |
2048 | 13.4 | 218.5 |
2049 | 13.4 | 228.0 |
2050+ | 13.5 | 238.1 |
ZE Credit [$]={0.16x(Weighted Factor) + 6.5}x(Annual Factor)x(Usage [MWhs])
(1) To receive credit, a Locomotive Operator must submit the information required in subsection 2478.11(c) by July 1 of the year following the initial receipt, operation, installation, or implementation (whichever is earliest, and as applicable) of a qualifying Spending Account purchase. The Executive Officer shall issue credits based on the total qualifying purchase, minus any amount of the purchase funded through use of existing Spending Account funds.
(4) Locomotive Operators with joint projects or purchases cannot share credit but may determine, through written agreement, how to allocate credits among them. Any written agreement to allocate credits must be submitted with each Operator's Spending Account Annual Report to receive credit for the purchase.
(i) A Locomotive Operator may cash out and close their Spending Account if all Locomotives are Operated in a ZE Configuration in California in the immediately preceding Calendar Year. If the Locomotive Operator Operates a Locomotive that is not in ZE Configuration in California after they close their Spending Account, they shall be required to reopen the Spending Account and comply with the requirements of this section.
(j) A Locomotive Operator may close their Spending Account if it has a zero balance, but shall reopen the Spending Account and comply with the requirements of this section if it incurs a Spending Account Funding Requirement in the future that cannot be fully offset by Spending Account Deposit Credits.
Credits
Note: Authority cited: Sections 38560, 39600, 39601, 39658, 39659, 39666, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39659, 41511, 43013 and 43018, Health and Safety Code.
History
1. New section filed 10-27-2023; operative 1-1-2024 (Register 2023, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2478.4, 13 CA ADC § 2478.4
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