Cal. Code Regs. Tit. 17, § 95813 - Opt-in Covered Entities
(a) An
entity that meets the requirements of section
95811, but does not exceed the
inclusion thresholds set forth in section
95812 may elect to voluntarily
opt-in to the Cap-and-Trade Program.
(b) An entity that does not qualify to opt in
to the Program pursuant to section
95813(h) and that
voluntarily elects to participate in this Program under this section must
submit its request to the Executive Officer for approval by March 1 of the
calendar year immediately preceding the first year in which it voluntarily
elects to be subject to a compliance obligation pursuant to this section. The
request for approval to be an opt-in covered entity shall specify the first
year in which the entity elects to be subject to a compliance obligation. The
Executive Officer shall evaluate such applications, designate approved
applicants as opt-in covered entities, and, for approved applicants, specify
the first year in which the opt-in covered entity will be subject to a
compliance obligation.
(c) An
entity that voluntarily elects to participate in this Program under section
95813(b) may
rescind its request to opt in to the Program by October 1 of the calendar year
prior to the first year in which it voluntarily elects to be subject to a
compliance obligation pursuant to section
95813(b). An
entity that voluntarily elects to participate in the Cap-and-Trade Program
under section
95813(h) may
rescind its request to opt in to the Program by October 1 of the calendar year
in which it requests approval to be an opt-in covered entity.
(d) An opt-in covered entity is subject to
all reporting, verification, enforcement, registration, and compliance
obligations that apply to covered entities. An opt-in covered entity's first
reporting and verification year shall be the calendar year immediately
preceding the first year in which it voluntarily elects to be subject to a
compliance obligation pursuant to this section, unless the entity opts in
pursuant to section
95813(h), in
which case the entity must continue to report and verify emissions, product
data (if applicable), and all other data required by MRR.
(e) An opt-in covered entity may be eligible
to receive freely allocated allowances subject to subarticles 8 and
9.
(f) Opt-in participation shall
not affect the allowance budgets set forth in subarticle 6.
(g) Opting out. At the end of any given
compliance period, an opt-in covered entity may choose to opt out of the
Program provided its annual emission levels for any data year remain below the
inclusion thresholds set forth in section
95812. An entity choosing to opt
out of the Program must either fulfill its compliance obligations as required
pursuant to subarticle 7 or surrender allowances equivalent to all the directly
allocated allowances it has received from the budget years for the compliance
period in question. An opt-in covered entity that wishes to opt-out of this
Program must apply to the Executive Officer by September 1 of the last year of
a compliance period.
(h) An entity
that was previously a covered entity, meets the requirements of section
95811, and drops below the
inclusion thresholds set forth in section
95812 for an entire compliance
period, may request approval from the Executive Officer to voluntarily opt in
to the Cap-and-Trade Program. This request to the Executive Officer must be
submitted by June 1 of the first year of the new compliance period immediately
after a compliance period during which the entity's emissions were below the
inclusion thresholds. To qualify for opt-in covered entity status under this
section (95813(h)), the entity can only request to be an opt-in covered entity
starting in the year the request is submitted. The Executive Officer shall
evaluate such applications and designate approved applicants as opt-in covered
entities.
Notes
2. Amendment of subsection (b), new subsection (c), subsection relettering and amendment of newly designated subsections (d) and (g) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
3. Amendment of subsections (b), (c) and (d) and new subsection (h) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
4. Amendment of subsections (b), (c) and (g) 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), new subsection (c), subsection relettering and amendment of newly designated subsections (d) and (g) filed 6-26-2014; operative
3. Amendment of subsections (b), (c) and (d) and new subsection (h) filed 9-18-2017; operative
4. Amendment of subsections (b), (c) and (g) filed 3-29-2019; operative
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