Cal. Code Regs. Tit. 17, § 95812 - Inclusion Thresholds for Covered Entities
(a) The inclusion threshold for each covered
entity is based on the subset of greenhouse gas emissions that generate a
compliance obligation for that entity as specified in section
95852. The entity must report and
verify annual emissions pursuant to sections
95100 through
95157 of MRR.
(b) If an entity's reported or reported and
verified annual emissions in any data year from 2009 through 2012 from the
categories specified in section
95852(a) or (b)
equal or exceed the thresholds identified below, that entity is classified as a
covered entity as of January 1, 2013, and for all future years until any
requirement set forth in section
95835(c) is
met.
(c) The requirements apply as
follows:
(1) Operators of Facilities. The
applicability threshold for a facility is 25,000 metric tons or more of
CO2e per data year.
(2) First Deliverers of Electricity.
(A) Electricity Generating Facilities. The
applicability threshold for an electricity generating facility is based on the
annual emissions from which the electricity originated. The applicability
threshold for an electricity generating facility is 25,000 metric tons or more
of CO2e per data year.
(B) Electricity importers. The applicability
threshold for an electricity importer is based on the annual emissions from
each of the electricity importer's sources of delivered electricity.
1. All emissions reported for imported
electricity from specified sources of electricity that emit 25,000 metric tons
or more of CO2e per year are considered to be above the
threshold.
2. All emissions
reported for imported electricity from unspecified sources are considered to be
above the threshold.
(3) Carbon Dioxide Suppliers. The
applicability threshold for a carbon dioxide supplier is 25,000 metric tons or
more of CO2e per year. For purpose of comparison to this
threshold, the supplier must include the sum of the CO2
that it captures from its production process units for purposes of supplying
CO2 for commercial applications or that it captures from
a CO2 stream to utilize for geologic sequestration, and
the CO2 that it extracts or produces from a
CO2 production well for purposes of supplying for
commercial applications or that it extracts or produces to utilize for geologic
sequestration.
(4) Petroleum and
Natural Gas Facilities. The applicability threshold for a petroleum and natural
gas facility is 25,000 metric tons or more of CO2e per
data year. This threshold is applied for each facility type specified in
section 95852(h).
(d) If an entity's annual, assigned, or
reported and verified emissions from any data year between 2011-2014 equal or
exceed the thresholds identified below from the categories specified in
sections 95851(a) or (b),
then that entity is classified as a covered entity as of January 1, 2015, for
the year in which the threshold is reached and for all future years until all
requirements set forth in section
95835(c) are met.
(1) Fuel Suppliers. The threshold for a fuel
supplier is 25,000 metric tons or more of CO2e annually
of GHG emissions that would result from full combustion or oxidation of the
quantities of the fuels, identified in section
95811(c) through
(g), which are imported and/or delivered to
California.
(2) Electricity
importers. The threshold for an electricity importer of specified source of
electricity is zero metric tons of CO2e per year and for
unspecified sources is zero MWh per year as of January 1,
2015.
Notes
2. Amendment of subsection (b) filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
3. Amendment of subsections (b), (d) and (d)(1) and new subsections (d)(3) and (f)-(g)(3)(C) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment of subsections (b), (c)(4) and (d)-(d)(1) and repealer of subsections (e)-(g)(3)(C) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsection (d) and repealer of subsection (d)(3) 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.
2. Amendment of subsection (b) filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
3. Amendment of subsections (b), (d) and (d)(1) and new subsections (d)(3) and (f)-(g)(3)(C) filed 6-26-2014; operative
4. Amendment of subsections (b), (c)(4) and (d)-(d)(1) and repealer of subsections (e)-(g)(3)(C) filed 9-18-2017; operative
5. Amendment of subsection (d) and repealer of subsection (d)(3) filed 3-29-2019; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.