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§ 3101.5. Sustainability Goals and Evaluation Criteria.

20 CA ADC § 3101.5Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission (Refs & Annos)
Chapter 12. Alternative and Renewable Fuel and Vehicle Technology Program Regulations
Article 1. General Provisions Regarding Project Funding
20 CCR § 3101.5
§ 3101.5. Sustainability Goals and Evaluation Criteria.
(a) As directed in Health and Safety Code Section 44271(a)(1), the commission establishes the following sustainability goals for the program. The sustainability goals described in this section shall guide the commission in ensuring that funded projects promote sustainable alternative fuels and vehicles and do not adversely affect natural resources. The criteria described in subpart (b) shall serve as the metrics by which the commission identifies projects that best achieve the sustainability goals.
(1) The first sustainability goal shall be the substantial reduction of greenhouse gas emissions associated with California's transportation system to help meet California's 2020 and 2050 targets as defined in Health and Safety Code Section 38550 and the Governor's Executive Order S-03-05.
(2) The second sustainability goal shall be to protect the environment, including all natural resources, from the effects of alternative and renewable fuel development and promote the superior environmental performance of alternative and renewable fuels, infrastructure and vehicle technologies.
(3) The third sustainability goal shall be to enhance market and public acceptance of sustainably produced alternative and renewable fuels by developing, promoting, and creating incentives for the production of such fuels in accordance with certified sustainable production practices and standards as established by government agencies, academic institutions, and nongovernmental organizations.
(b) In addition to the criteria listed in Section 3101, one or more of the following sustainability criteria shall be applied to each project, as appropriate, with the objective to fund only those projects that best exemplify attainment of the commission's sustainability goals, promote sustainable alternative fuels and vehicles, and do not adversely affect natural resources. Greater preference will be given to projects that incorporate or demonstrate the greatest number of sustainability criteria.
(1) Strong preference will be given to projects that can best contribute to meeting California's climate change policy goals as described in Health and Safety Code Section 38550, the Governor's Executive Order S-03-05, and the Low Carbon Fuel Standard when adopted by the Air Resources Board, and that demonstrate the best potential for substantial reduction of greenhouse gas emissions associated with California's transportation system.
(A) Applicants must provide sufficient information to determine the greenhouse gas emissions profile of the proposed project on a full fuel-cycle basis in accordance with the methodologies described in the August 2007 Full Fuel Cycle Assessment (CEC-600-2007-004-REV), or an alternative methodology approved by the commission. This information shall include an estimate of greenhouse gas emissions from indirect land use changes.
(B) Projects with the lowest greenhouse gas emissions from the petroleum baseline, as defined in the August 2007 Full Fuel Cycle Assessment (CEC-600-2007-004-REV), will demonstrate the best potential to contribute to state climate change policies.
(C) Projects with greenhouse gas emissions that exceed the petroleum baseline, on a full fuel-cycle basis, would not be eligible for funding consideration.
(2) Strong preference will be given to projects that demonstrate environmental protection, natural resource preservation, and superior environmental performance, by the use of manufacturing, production or agricultural technologies and practices which are more energy efficient and less environmentally damaging than current standard practices and technologies for the production of petroleum fuels, production of basic agricultural commodities and extraction of natural resources when measured on a life-cycle basis. The commission will fund projects that best demonstrate and implement practices that preserve ecosystem integrity, protect and enhance the resiliency of natural ecosystems, and respect the physical carrying capacity limits of natural systems at the local, regional, and global scale.
(A) Projects that maximize the use of waste stream materials as their feedstock are examples of technologies that further environmental protection and natural resource preservation goals.
(B) The use of existing Best Management Practices developed by natural resource and pollution control agencies, academic institutions, or non-governmental organizations and that exceed applicable Best Available Control Technologies are examples of appropriate means to protect the environment and natural resources.
(C) For projects using purpose-grown energy crops, furtherance of environmental protection and natural resource preservation goals would be demonstrated by:
i. Development and implementation of a sustainability best management practices plan developed by institutions such as the University of California at Davis.
ii. Use of lands historically used for agricultural purposes.
iii. Use of marginal crop lands that are not used for food crops and that do not displace or disrupt cropping patterns for food production.
iv. Use of crops uniquely suited to climate, water and natural resource constraints in California and the Arid West that require less irrigation water than commonly produced agricultural commodities.
(D) Infrastructure and agricultural projects that implement water efficiency and water use reduction measures, that use recycled or reclaimed water for industrial purposes, and that reduce or eliminate point source and non-point source wastewater discharge, are examples of appropriate resource protection practices.
(E) Projects that use renewable energy or cogeneration in the production, processing or distribution phase will demonstrate that the project implements environmental protection and natural resource preservation practices.
(F) Projects that use forest biomass resources as part of their feedstock, and that demonstrate the advancement of natural resource protection goals, are those that use forest biomass collection or harvesting practices that do not diminish the ecological values of forest stands, and that are consistent with forest restoration, fire risk management and ecosystem management goals.
(G) Projects that create benefits to state natural resources or that ameliorate degraded resources would demonstrate natural resource protection goals.
(H) Alternative fuel infrastructure projects that procure and distribute low carbon alternative fuels as described in 3101.5 (b)(1), or that are produced in accordance with the sustainability criteria described in sections 3101.5(b)(2) and (b)(3), would demonstrate furtherance of greenhouse gas reduction and natural resource protection goals.
(3) Preference will be given to projects which produce sustainable feedstocks, or produce or distribute alternative fuels, which strictly follow established government or third party sustainability certification standards for the production of alternative and renewable fuels.
(A) Examples of sustainability certification standards include, but are not limited to:
i. Roundtable on Sustainable Biofuels
ii. Council for Sustainable Biomass Production
iii. Sustainable Biodiesel Alliance
iv. Roundtable for Sustainable Palm Oil
v. UK Renewable Fuel Transport Obligation
vi. European Commission's Sustainability Criteria and Certification Systems for Biomass Production
vii. Forest Stewardship Council

Credits

Note: Authority cited: Sections 44271(a)(1) and 44272(a), Health and Safety Code. Reference: Sections 44271(a)(1) and 44272(a)-(d), Health and Safety Code.
History
1. New section filed 4-22-2009; operative 4-22-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 17).
This database is current through 3/22/24 Register 2024, No. 12.
Cal. Admin. Code tit. 20, § 3101.5, 20 CA ADC § 3101.5
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