If an entity or a facility registered in the LRT-CBTS, the AFP, or the LVP undergoes a change of ownership or operational control, the following requirements apply.
(a)CARB Notifications. Within 30 days of the change of ownership or operational control, the previous owner or operator of the regulated entity or facility and the new owner or operator of the entity or facility must provide the following information to CARB:(1) The previous owner or operator must notify CARB in writing of the ownership or operational control change, including the name of the new owner or operator and the date of the ownership or operational control change.(2) The new owner or operator must notify CARB in writing of the ownership or operational control change, including the following information:(A) Previous owner or operator;(B) New owner or operator;(C) Date of ownership or operator change;(D) Name of new account representatives pursuant to section 95483.2 for the affected entity's account in the LRT-CBTS, AFP or LVP.(3) The first owner must give the Executive Officer direction regarding the disposition of net credits in the first owner's LRT-CBTS account and the certified fuel pathways associated with the first owner's AFP account.(b)Reporting Responsibilities. The owner or operator of record at the time of a reporting or verification deadline specified in this subarticle has the responsibility for complying with the requirements of this subarticle, including submitting quarterly and annual reports, certifying that the reports are accurate and complete, obtaining verification services, and completing verification.(1) Reported data must not be split or subdivided for a reporting period, based on ownership. A single reporting period data report must be submitted for the entity by the current owner or operator. This report must represent required data for the entire reporting period.(2) Previous owners or operators are required to provide data and records to new owners or operators that is necessary and required for preparing quarterly and annual reports required by this article.(c)New Owner Responsible for Net Deficits. The new owner, when filing the annual report, is responsible for demonstrating compliance pursuant to section 95485.(d)Bankruptcy. Deficits constitute regulatory obligations under California law.(e)Fate of Credits After an Entity Dissolves. The Executive Officer will place into the Buffer Account any net credits in the account of a party that dissolves or otherwise ceases to exist without notifying the Executive Officer pursuant to paragraph (3) of subdivision (a) of this section.(f)Fate of Deficits After an Entity Dissolves. Prior to dissolution, a fuel reporting entity is responsible for retiring credits equal to any net deficits in its LRT-CBTS account and fulfill account closure requirements as set forth in section 95483.2(b)(7).Cal. Code Regs. Tit. 17, § 95483.3
1. New section filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1). 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).
1. New section filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).