Cal. Code Regs. tit. 17 § 95493

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 95493 - Jurisdiction
(a) The following persons are subject to the jurisdiction of the State of California, including the administrative authority of CARB and the jurisdiction of the Superior Courts of the State of California, irrespective of whether the person has registered as a fuel reporting entity in the LRT-CBTS:
(1) any person who, pursuant to section 95483 or 95483.1, is the fuel reporting entity;
(2) any person to whom the obligation to generate credits or deficits has been transferred directly or indirectly (including the reporting party);
(3) any verifier;
(4) any project operator; and
(5) any fuel pathway or project applicant.
(b) Any of the following actions shall conclusively establish a person's consent to be subject to the jurisdiction of the State of California, including the administrative authority of CARB and the jurisdiction of the Superior Courts of the State of California:
(1) Opting in pursuant to section 95483.1;
(2) Receipt of compensation of any kind, including sales proceeds and commissions, from any transfers of a LCFS credit made pursuant to this subarticle; or
(3) Submittal of information to the Executive Officer pursuant to this subarticle.
(4) Registration in the LRT-CBTS as a broker pursuant to section 95483.2(b).
(5) Verification of reports submitted pursuant to this subarticle.

Cal. Code Regs. Tit. 17, § 95493

1. New section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
2. Amendment 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 11-16-2015; operative 1/1/2016 (Register 2015, No. 47).
2. Amendment filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).