Section 95981.1 - Process for Issuance of ARB Offset Credits(a) ARB will issue an ARB offset credit for GHG reductions and removal enhancements achieved in a Reporting Period for an offset project that meets the requirements of sections 95981(a) and (b) to the ARB Issuance Account, no later than 15 calendar days after ARB makes a determination pursuant to section 95981(c), as long as all attestations required in section 95981(d) have been received by ARB prior to its determination.(b) Change of Listing Status at ARB. When ARB issues an ARB offset credit for an offset project, the listing status for that offset project will be changed from "Active Registry Project" to "Active ARB Project" or "Active Registry Renewal" to "Active ARB Renewal" at the Offset Project Registry and ARB.(c) Notice of Issuance of ARB Offset Credits. Not later than five working days after ARB issues an ARB offset credit pursuant to section 95981(c), ARB will notify the Offset Project Operator or Authorized Project Designee of the issuance of ARB offset credits.(d) Requests for Additional Information. ARB may request additional information for offset projects submitted through an Offset Project Registry seeking issuance of ARB offset credits.(1) ARB will notify the Offset Project Operator, Authorized Project Designee, or other third party identified in section 95981(b) within 15 calendar days of its determination pursuant to section 95981(c) if the information submitted pursuant to section 95981(b), (c), and (d) is incomplete and request additional specific information.(2) ARB may request any additional information from the Offset Project Operator, Authorized Project Designee, Offset Project Registry, or verification body before issuing ARB offset credits for an offset project that meets the requirements of section 95981. The Offset Project Operator, Authorized Project Designee, Offset Project Registry, or verification body must submit the requested information to ARB within 10 calendar days of ARB's request.(3) If ARB determines the information submitted in sections 95981(b), 95981(c), and 95981.1(d)(2) does not meet the requirements for issuance of ARB offset credits, then ARB may deny issuance of ARB offset credits. The Offset Project Operator or Authorized Project Designee may petition ARB within 10 days of denial for a review of submitted information in sections 95981(b), 95981(c), and 95981.1(d)(2) and respond to any issues that prevent the issuance of ARB offset credits.(4) ARB must make a final determination within 30 calendar days of receiving the request in section 95981.1(d)(3) and may request additional information from the Offset Project Operator or Authorized Project Designee, verification body, or Offset Project Registry. This determination made by the Executive Officer is final.(e) A registry offset credit issued pursuant to section 95980.1(a) must be removed or cancelled by the Offset Project Registry within one year after ARB issues an ARB offset credit pursuant to this section, such that the registry offset credit is no longer available for transaction on the Offset Project Registry system. Within five working days of the removal or cancellation of registry offset credits, the Offset Project Registry must provide proof to ARB that the registry offset credits have been permanently removed or cancelled from the registry system. If registry offset credits are not cancelled within one year, ARB will cancel the ARB offset credits. ARB offset credits cancelled pursuant to this provision may not be re-issued.(f) Receipt of ARB Offset Credits. ARB will transfer ARB offset credits into the Holding Account of the Offset Project Operator, Authorized Project Designee, or any other third party requested by the Offset Project Operator pursuant to section 95981(b) to receive ARB offset credits, within 15 working days of the Offset Project Registry providing proof to ARB that the registry offset credits have been permanently removed or cancelled from the registry system.Cal. Code Regs. Tit. 17, § 95981.1
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Change without regulatory effect amending subsections (a) and (d)(2) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment of subsection (e) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsections (c), (d)(1), (e) and (f) filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13). Note: Authority cited: Sections 38510, 38560, 38562, 38570, 38571, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38530, 38560.5, 38564, 38565, 38570 and 39600, Health and Safety Code.
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Change without regulatory effect amending subsections (a) and (d)(2) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 6-26-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment of subsection (e) filed 9-18-2017; operative 10/1/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsections (c), (d)(1), (e) and (f) filed 3-29-2019; operative 3/29/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).