(a)CI Data Reporting Requirement and Deadline. Beginning in 2021, each fuel pathway holder must submit an annual Fuel Pathway Report to the AFP no later than March 31 of each calendar year. (1) The annual Fuel Pathway Report must include the certified version of the Simplified CI Calculator or the CA-GREET3.0 model, if required in the initial certification, updated to include the most recent two calendar years of operational data.(2) The annual Fuel Pathway Report for Lookup Table pathways listed in 95488.1(b)(2), in lieu of the CI calculator, must include invoices or metering records substantiating the quantity of renewable or low-CI inputs procured from a qualifying source.(3) Entities specified in section 95488.8(i)(2)(C) must provide the annual attestation regarding environmental attributes required by that provision.(4) Any fuel pathway holder, including a joint applicant, who is not subject to site visits by a third party verifier, whose pathway involves the use of renewable or low-CI process energy, must submit invoices for that energy to the AFP. Additionally, for any electricity that is used to reduce carbon intensity of electricity used as a transportation fuel or hydrogen production via electrolysis, the pathway holder must upload records demonstrating that any renewable energy certificates generated were retired in WREGIS for the purpose of LCFS credit generation.(5) The annual Fuel Pathway Report must include any temporally-variable information requested by the Executive Officer to be included in the initial application as supplementary information, or required data or documentation listed in the pathway summary operating conditions, must continue to be submitted annually as part of the annual Fuel Pathway Report.(6) If the verified operational CI as calculated from production data covering the 24 months of operations is found to be lower than the certified CI, and a positive verification statement is issued for this period, the following options are available: (A) The fuel pathway holder may elect to keep the original certified CI.(B) The fuel pathway holder may request to replace the certified CI with the verified operational CI based on the most recent 24 months of operational data, adding a conservative margin of safety per section 95488.4(a) if the applicant so desires. Fuel pathway holders requesting to replace the certified CI must submit an attestation that the new CI can be maintained through the next reporting period, and acknowledging that exceeding the newly certified CI in subsequent verifications will constitute non-compliance with the requirements of this subarticle.(7) If the verified operational CI is found to be greater than the certified CI, the fuel pathway holder is out of compliance with this subarticle and subject to investigation by the Executive Officer and possible enforcement action.(b)Monitoring Plan for Entities Required to Obtain Validation or Verification Services under the LCFS. Each entity responsible for obtaining validation or verification under this subarticle must complete and retain for review by a verifier, or the Executive Officer, a written Monitoring Plan. Specific requirements for Monitoring Plans are detailed in section 95491.1(c).(c)Verification Requirement and Deadline. Each fuel pathway holder, who is not exempt from obtaining verification in section 95500, must ensure that a positive or qualified positive verification statement covering the annual Fuel Pathway Report is received by the Executive Officer from the verification body pursuant to the schedule in 95500 in order to maintain a valid fuel pathway code for use in reporting fuel transactions. An adverse fuel pathway verification statement would result in investigation by the Executive Officer. It is the responsibility of the fuel pathway holder to ensure this deadline is met.Cal. Code Regs. Tit. 17, § 95488.10
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, 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).
1. New section filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).