Cal. Code Regs. Tit. 17, § 95852.1.1 - Eligibility Requirements for Biomass-Derived Fuels
(a) Biomass-derived fuel procured under
contracts for biogas and biomethane must meet one of the following criteria.
Only the portion of the fuel that meets one of these criteria will be
considered a biomass-derived fuel. Emissions from combustion of this fuel will
not be subject to a compliance obligation when reported as Biomass
CO2 in an emissions data report that has received a
positive or qualified positive emissions data verification statement and
determined as exempt pursuant to section
95852.2 and
95131(j) of MRR.
(1) The contract for purchasing any
biomass-derived fuel must be executed prior to January 1, 2012 and remain in
effect or have been renegotiated with the same California operator within one
year of contract expiration. The delivery of the fuel under the contract must
commence by one of the following dates to be eligible under this provision:
(A) 90 days after the execution date of the
signed contract; or
(B) January 1,
2012; or
(C) 10 days after the date
on which the CEC provides notice that the operator's electricity generating
facility is certified as eligible for California's Renewables Portfolio
Standard for the contracted biomass-derived fuel, or cannot be so certified,
provided that the application for certification was submitted to the CEC before
January 1, 2012.
(2) If
the biomass-derived fuel does not meet the requirements of 95852.1.1(a)(1) then
the biomass-derived fuel must meet one of the following requirements and the
entity claiming the biomass-derived fuel must be the first entity to contract
for the biomass-derived fuel:
(A) An increase
in the biomass derived fuel production capacity, at a particular site, where an
increase is considered any amount over the average production at that site over
the last three years; or
(B)
Recovery of the fuel at a site where the fuel was previously being vented or
destroyed for at least three years or since commencement of fuel recovery
operations, whichever is shorter, without producing useful energy
transfer.
(3) If the
biogas or biomethane is used at the site of production, and not transferred to
another operator, thus not requiring a contract, the operator must demonstrate
one of the following:
(A) The fuel has been
combusted in California prior to January 1, 2012; or
(B) The fuel was not previously used to
produce useful energy transfer for at least three years or since commencement
of fuel recovery operations, whichever is shorter.
(4) The fuel being provided under a contract
is for a fuel that was previously eligible under sections
95852.1.1(a)(1), (2) or
(3), and the verifier is able to track the
fuel to the previously eligible contract.
(b) An entity may not sell, trade, give away,
claim, or otherwise dispose of any of the carbon credits, carbon benefits,
carbon emissions reductions, carbon offsets or allowances, howsoever entitled,
attributed to the fuel production that would, when combined with the
CO2 emissions from complete combustion of the fuel,
result in more CO2e emissions than would have occurred
in the absence of the fuel production. In the case of biomethane or biogas
produced from digesters or landfills, the resulting credit for avoided methane
emissions may not exceed the global warming potential as listed in MRR for
methane plus 2.75 in metric tons of CO2e per ton of
captured methane. This includes any credit received by an entity in the Carbon
Intensity calculation under the Low Carbon Fuel Standard Regulation (title 17,
California Code of Regulations (CCR), sections
title 17,
California Code of Regulations (CCR), sections
95480-95490) for methane capture. All
calculations of CO2e emissions are based on the 100-year
global warming potentials included in MRR. Generation of Renewable Energy
Credits is excluded from this analysis and will not prevent a biomass-derived
fuel that meets the requirements in this section from being exempt from a
compliance obligation.
Notes
2. Change without regulatory effect amending subsection (a) 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).
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. Change without regulatory effect amending subsection (a) 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
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