(a)
Compliance instruments identified in section
95820(b) and
sections
95821(b), (c), and
(d) are subject to a quantitative usage limit
when used to meet a compliance obligation.
(b) Except as otherwise specified in section
95854(c), the
total number of compliance instruments identified in section
95854(a) that
each covered entity may surrender to fulfill the entity's compliance obligation
for a compliance period must conform to the following limit:
Oo/S must be less than or equal
to Lo
In which:
"Oo" is the total number of
compliance instruments identified in section
95854(a)
submitted to fulfill the entity's compliance obligation for the compliance
period.
"S" is the covered entity's compliance
obligation.
"Lo" is the quantitative usage
limit on compliance instruments identified in section
95854(a) set at
0.08 for the first, second, and the third compliance periods as defined in
section 95840(a)-(c);
0.04 for the fourth compliance period as defined in section
95840(e); and
0.06 for the sixth and subsequent compliance periods, as defined in section
95840(e).
(c) For the fifth compliance period as
defined in section
95840(e),
covering data years 2024-2026, the total number of compliance instruments
identified in section
95854(a) that
each covered entity may surrender to fulfill the entity's compliance obligation
must not exceed the quantitative usage limit (L
o) of
0.04 for data years 2024 and 2025 and 0.06 for data year 2026.
(d) The number of sector-based offset credits
that each covered entity may surrender to meet the entity's compliance
obligation for a compliance period must not be greater than 0.25 of the
Lo for the first and second compliance periods and not
more than 0.50 of the Lo for subsequent compliance
periods.
(e) Direct Environmental
Benefits in the State. Beginning with offsets surrendered to meet compliance
obligations for emissions from data years 2021-2030, no more than one-half of
the L
o may be sourced from projects that do not provide
direct environmental benefits in the state, as defined in section
95802. In order to demonstrate
that an offset project provides these direct environmental benefits in the
state, the Offset Project Operator or Authorized Project Designee, or the
holder of offset credits, must comply with section
95989.
Notes
Cal. Code Regs. Tit. 17, §
95854
1. New
section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
section
11343.4
(Register 2011, No. 50).
2. Amendment of subsection (b), new
subsections (c) and (e) and subsection relettering 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. Amendment of subsection (b), new
subsections (c) and (e) and subsection relettering filed 3-29-2019; operative
3/29/2019
pursuant to Government Code section
11343.4(b)(3)
(Register
2019, No. 13).