Cal. Code Regs. Tit. 17, § 95870 - Disposition of Vintage 2013-2020 Allowances
(a) Allowance Price Containment Reserve. Upon
creation of the Allowance Price Containment Reserve Account, the Executive
Officer shall transfer allowances to the Allowance Price Containment Reserve,
as follows:
(1) One percent of the allowances
from budget years 2013-2014;
(2)
Four percent of the allowances from budget years 2015-2017; and
(3) Seven percent of the allowances from
budget years 2018-2020.
(b) Advance Auction. Upon creation of the
Auction Holding Account, the Executive Officer shall transfer 10 percent of the
allowances from budget years 2015-2020 to the Auction Holding Account.
(1) These allowances will be eligible to be
sold pursuant to section
95910(c)(2).
(2) All Advance Auction allowances not sold
pursuant to section
95910(c)(2) will
be auctioned pursuant to section
95910.
(3) The proceeds from the sale of these
allowances will be deposited into the Greenhouse Gas Reduction Fund created
pursuant to Government Code section
16428.8,
and will be available for appropriation by the Legislature for the purposes
designated in California Health and Safety Code sections
38500
et seq. and consistent with the requirements of Chapter 4.1 (commencing with
Section 39710) of Part 2 of Division 26 of
the California Health and Safety Code and Article 9.7 (commencing with Section
16428.8)
of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government
Code.
(c) Upon creation
of the Voluntary Renewable Electricity Reserve Account, the Executive Officer
shall transfer allowances to the Voluntary Renewable Electricity Reserve
Account, as follows:
(1) 0.5 percent of the
allowances from budget years 2013-2014; and
(2) 0.25 percent of the allowances from
budget years 2015-2020.
(d) Electricity Related Allocation.
(1) Electrical Distribution Utility Sector
Allocation for Budget Years 2013-2020. Allowances available for allocation to
electrical distribution utilities each budget year shall be 97.7 million metric
tons multiplied by the cap adjustment factor in Table 9-2 for each budget year
2013-2020. The Executive Officer will allocate to the limited use holding
account and allowance allocation holding account pursuant to sections
95892(b) and
95831(a)(6) for
each electrical distribution utility by October 24 of each calendar year from
2013-2019 for allocations from 2014-2020 annual allowance budgets.
(2) Allocation to Public Wholesale Water
Agencies. The Executive Officer will place an annual individual allocation in
the annual allocation holding account, pursuant to sections
95895 and
95831(a)(6), of a
public wholesale water agency by October 24 of each calendar year from
2014-2019 for allocations from 2015-2020 annual allowance
budgets.
(e) Allocation
to Industrial Covered Entities. Allowances allocated for the purposes of
industry assistance shall be transferred to annual allocation holding accounts
for industrial sectors listed in Table 8-1. Allowances in the annual allocation
holding account are transferred to the Holding Account on January 1 of the
vintage year of the allowances.
(1) The
Executive Officer will allocate allowances to each eligible covered entity by
October 24 of each calendar year 2014-2019 for allocations from 2015-2020
annual allowance budgets.
(2)
Allocation to eligible covered entities shall be conducted using the assistance
factors specified for each listed industrial activity found in Table 8-1 and
the methodology set forth in section
95891.
(3) The total amount of allowances allocated
for the purposes of industry assistance shall not exceed the available amount
of allowances after accounting for allocations made pursuant to sections
95870(a) through
(d) and sections
95870(f) and (h).
If the amount calculated under the methodology set forth in section
95891 exceeds the amount of
allowances available, the number of allowances available will be prorated
equally across all eligible industrial covered entities. The proration will be
calculated using the share of allowances available after accounting for all
allocations made pursuant to sections
95870(a) through
(d) and sections
95870(f) and (h)
compared to total allowances that would be distributed according to the
methodology set forth in section
95891.
(4) Industrial entities that purchase
electricity or legacy contract qualified thermal output pursuant to a legacy
contract and who receive allocation under this section shall have their
allocation reduced as specified in section
95891(e).
(f) Allocation to University Covered Entities
and Public Service Facilities. The Executive Officer will place an annual
individual allocation in the annual allocation holding account of each eligible
university covered entity and public service facility by October 24 of each
calendar year from 2015-2019 for allocations from 2016-2020 annual allowance
budgets. A public service facility providing steam to a publicly owned
educational facility is not eligible for any allocation of allowances provided
under other provisions of this regulation. In the event a publicly owned
educational facility that receives qualified thermal output from a public
service facility becomes an opt-in covered entity and receives allowances for
the emissions from qualified thermal output sold to the university by the
public service facility pursuant to section
95891(d), the
publicly owned educational facility shall unconditionally transfer to the
public service facility allowances relating to the qualified thermal output
provided by such public service facility. So long as the publicly owned
educational facility remains an opt-in covered entity and provides such
allowances to the public service facility, such public service facility will
not be eligible for any disposition of allowances provided under this
section.
(g) Allocation to Legacy
Contract Generators. Allowances will be allocated to legacy contract generators
with an industrial counterparty pursuant to section
95894 for the term of the
contract. The Executive Officer will transfer allowance allocations into each
eligible generator's annual allocation holding account by October 24 of each
calendar year for eligible legacy contract emissions pursuant to the
methodology set forth in section
95894.
(h) Natural Gas Supplier Sector Allocation.
Allowances available for allocation to natural gas suppliers each budget year
shall be calculated as set forth in section
95893. The Executive Officer will
transfer allowances into each eligible natural gas supplier's allowance
allocation holding account and/or limited use holding account pursuant to
sections 95893(b) and
95831(a)(6) by
October 24 of each calendar year from 2014 through 2019 for allocations from
2015 through 2020 annual allowance budgets.
(i) Auction Proceeds for AB 32 Statutory
Objectives. All remaining allowances not allocated for uses specified in
sections 95870(a) through
(h), section
95870(j), or
section 95911(h) will be
designated for sale at auction. The proceeds from the sale of these allowances
will be deposited into the Greenhouse Gas Reduction Fund created pursuant to
Government Code section
16428.8, and will be available for
appropriation by the Legislature for the purposes designated in California
Health and Safety Code sections
38500
et seq. and consistent with the requirements of Chapter 4.1 (commencing with
Section 39710) of Part 2 of Division 26 of
the California Health and Safety Code and Article 9.7 (commencing with Section
16428.8) of Chapter 2 of Part 2 of
Division 4 of Title 2 of the Government Code.
(j) Allocation to Waste-to-Energy Facilities.
Vintage 2020 allowances available for allocation to waste-to-energy facilities
shall be calculated as set forth in section
95891(f)(1). The
Executive Officer will place vintage 2020 allowances in the annual allocation
holding account of each eligible waste-to-energy facility by October 24, 2019.
An amount of vintage 2020 true-up allowances will be placed in the annual
allocation holding account of each eligible waste-to-energy facility by October
24, 2019 to account for 2018 and 2019 emissions.
Table 8-1: Assistance Factors and Covered Industrial Sectors
| Assistance Factor (AFa) by Budget Year | |||||||
| Leakage Risk Classification | NAICS Sector Definition | NAICS Code | Activity (a) | 2013-2014 | 2015-2017 | 2018-2020 | 2021-2030 |
| Thermal EOR Crude Oil Extraction | 100% | 100% | 100% | 100% | |||
| Crude Petroleum and Natural Gas Extraction | 211111 | Non-Thermal Crude Oil Extraction | 100% | 100% | 100% | 100% | |
| Natural Gas Processing >25 MMscf/day | 100% | 100% | 100% | 100% | |||
| Natural Gas Liquid Extraction | 211112 | Natural Gas Liquid Processing | 100% | 100% | 100% | 100% | |
| All Other Metal Ore Mining | 212299 | Rare Earth Production | 100% | 100% | 100% | 100% | |
| Potash, Soda, and Borate Mineral Mining | 212391 | Mining and Manufacturing of Soda Ash and Related Products | 100% | 100% | 100% | 100% | |
| Mining and Manufacturing of Borates | 100% | 100% | 100% | 100% | |||
| High | All Other Nonmetallic Mineral Mining | 212399 | Diatomaceous Earth Mining | 100% | 100% | 100% | 100% |
| Freshwater Diatomite Filter Aids Manufacturing | 100% | 100% | 100% | 100% | |||
| Wet Corn Milling | 311221 | Wet Corn Milling | 100% | 100% | 100% | 100% | |
| Paper (except Newsprint) Mills | 322121 | Paper (except Newsprint) Mills | 100% | 100% | 100% | 100% | |
| Recycled Boxboard Manufacturing | 100% | 100% | 100% | 100% | |||
| Paperboard Mills | 322130 | Recycled Linerboard (Testliner) Manufacturing | 100% | 100% | 100% | 100% | |
| Recycled Medium (Fluting) Manufacturing | 100% | 100% | 100% | 100% | |||
| All Other Petroleum and Coal Products Manufacturing | 324199 | Coke Calcining | 100% | 100% | 100% | 100% | |
| All Other Basic Inorganic Chemical Manufacturing | 325188 | Sulfuric Acid Regeneration | 100% | 100% | 100% | 100% | |
| Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing | 325194 | Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing | 100% | 100% | 100% | 100% | |
| All Other Basic Organic Chemical Manufacturing | 325199 | All Other Basic Organic Chemical Manufacturing | 100% | 100% | 100% | 100% | |
| Nitrogenous Fertilizer Manufacturing | 100% | 100% | 100% | 100% | |||
| Nitrogenous Fertilizer Manufacturing | 325311 | Nitric Acid Production | 100% | 100% | 100% | 100% | |
| High | Calcium Ammonium Nitrate Solution Production | 100% | 100% | 100% | 100% | ||
| Flat Glass Manufacturing | 327211 | Flat Glass Manufacturing | 100% | 100% | 100% | 100% | |
| Glass Container Manufacturing | 327213 | Container Glass Manufacturing | 100% | 100% | 100% | 100% | |
| Cement Manufacturing | 327310 | Cement Manufacturing | 100% | 100% | 100% | 100% | |
| Lime Manufacturing | 327410 | Lime Manufacturing | 100% | 100% | 100% | 100% | |
| Dolime Manufacturing | 100% | 100% | 100% | 100% | |||
| Mineral Wool Manufacturing | 327993 | Fiber Glass Manufacturing | 100% | 100% | 100% | 100% | |
| Iron and Steel Mills | 331111 | Steel Production Using an Electric Arc Furnace | 100% | 100% | 100% | 100% | |
| Rolled Steel Shape Manufacturing | 331221 | Hot Rolled Steel Sheet Production | 100% | 100% | 100% | 100% | |
| Other Food Crops Grown Under Cover | 111419 | Other Food Crops Grown Under Cover | 100% | 100% | 100% | 100% | |
| Food Manufacturing | 311 | Food Manufacturing | 100% | 100% | 100% | 100% | |
| Aseptic Tomato Paste Processing | 100% | 100% | 100% | 100% | |||
| Aseptic Whole and Diced Tomato Processing | 100% | 100% | 100% | 100% | |||
| Fruit and vegetable canning | 311421 | Non-Aseptic Tomato Paste and Tomato Puree Processing | 100% | 100% | 100% | 100% | |
| Non-Aseptic Whole and Diced Tomato Processing | 100% | 100% | 100% | 100% | |||
| Non-Aseptic Tomato Juice Processing | 100% | 100% | 100% | 100% | |||
| Medium | Whole Chicken and Chicken Parts Processing | 100% | 100% | 100% | 100% | ||
| Poultry Processing | 311615 | Poultry Deli Product Processing | 100% | 100% | 100% | 100% | |
| Protein Meal and Fat Processing | 100% | 100% | 100% | 100% | |||
| Dehydrated Garlic Processing | 100% | 100% | 100% | 100% | |||
| Dehydrated Onion Processing | 100% | 100% | 100% | 100% | |||
| Dried and Dehydrated Food Manufacturing | 311423 | Dehydrated Chili Pepper Processing | 100% | 100% | 100% | 100% | |
| Dehydrated Spinach Processing | 100% | 100% | 100% | 100% | |||
| Dehydrated Parsley Processing | 100% | 100% | 100% | 100% | |||
| Fluid Milk Product Processing | 100% | 100% | 100% | 100% | |||
| Butter processing | 100% | 100% | 100% | 100% | |||
| Condensed Milk Processing | 100% | 100% | 100% | 100% | |||
| Milk Powder (Low Heat) Processing | 100% | 100% | 100% | 100% | |||
| Milk Powder (Medium Heat and High Heat) Processing | 100% | 100% | 100% | 100% | |||
| Dairy Product Manufacturing | 31151 | Buttermilk Powder Processing | 100% | 100% | 100% | 100% | |
| Medium | Intermediate Dairy Ingredients Processing | 100% | 100% | 100% | 100% | ||
| Cheese Processing | 100% | 100% | 100% | 100% | |||
| Lactose Processing | 100% | 100% | 100% | 100% | |||
| Whey Protein Concentrate Processing | 100% | 100% | 100% | 100% | |||
| Deproteinized Whey Processing | 100% | 100% | 100% | 100% | |||
| Almond Blanching | 100% | 100% | 100% | 100% | |||
| Almond Flavoring | 100% | 100% | 100% | 100% | |||
| Roasted Nuts and Peanut Butter Manufacturing | 311911 | Almond Pasteurizing | 100% | 100% | 100% | 100% | |
| Pistachio Flavoring | 100% | 100% | 100% | 100% | |||
| Pistachio Hulling and Drying | 100% | 100% | 100% | 100% | |||
| Fried Potato Chips Processing | 100% | 100% | 100% | 100% | |||
| Baked Potato Chips Processing | 100% | 100% | 100% | 100% | |||
| Snack Food Manufacturing | 31191 | Corn Chips Processing | 100% | 100% | 100% | 100% | |
| Corn Curls Processing | 100% | 100% | 100% | 100% | |||
| Pretzel Processing | 100% | 100% | 100% | 100% | |||
| Beet sugar manufacturing | 311313 | Beet sugar manufacturing | 100% | 100% | 100% | 100% | |
| Breweries | 312120 | Brewing | 100% | 100% | 100% | 100% | |
| Lager Beer Manufacturing | 100% | 100% | 100% | 100% | |||
| Medium | Distilled Spirits Production | 100% | 100% | 100% | 100% | ||
| Dry Color Concentrate Production | 100% | 100% | 100% | 100% | |||
| Wineries | 312130 | Grape Juice Concentrate Production | 100% | 100% | 100% | 100% | |
| Grape Seed Extract Production | 100% | 100% | 100% | 100% | |||
| Liquid Color Concentrate Production | 100% | 100% | 100% | 100% | |||
| Textile Mills | 313 | Textile Processing | 100% | 100% | 100% | 100% | |
| Cut and Sew Apparel Manufacturing | 3152 | Cut and Sew Apparel Manufacturing | 100% | 100% | 100% | 100% | |
| Petroleum Refineries | 324110 | Petroleum Refining | 100% | 100% | 100% | 100% | |
| Asphalt Paving Mixture and Block Manufacturing | 324121 | Asphalt Paving Mixture and Block Manufacturing | 100% | 100% | 100% | 100% | |
| Industrial Gas Manufacturing | 325120 | On-Purpose Hydrogen Gas Production | 100% | 100% | 100% | 100% | |
| Liquid Hydrogen Production | 100% | 100% | 100% | 100% | |||
| Ethyl Alcohol Manufacturing | 325193 | Ethyl Alcohol Manufacturing | 100% | 100% | 100% | 100% | |
| Biological Product (Except Diagnostic) Manufacturing | 325414 | Biological Product (Except Diagnostic) Manufacturing | 100% | 100% | 100% | 100% | |
| Gypsum Product Manufacturing | 327420 | Plaster Manufacturing | 100% | 100% | 100% | 100% | |
| Stucco Manufacturing | 100% | 100% | 100% | 100% | |||
| Ground or Treated Mineral and Earth Manufacturing | 327992 | Ground or Treated Mineral and Earth Manufacturing | 100% | 100% | 100% | 100% | |
| Pickled Steel Sheet Production | 100% | 100% | 100% | 100% | |||
| Rolled Steel Shape Manufacturing | 331221 | Cold Rolled and Annealed Steel Sheet Production | 100% | 100% | 100% | 100% | |
| Galvanized Steel Sheet Production | 100% | 100% | 100% | 100% | |||
| Medium | Tin Steel Plate Production | 100% | 100% | 100% | 100% | ||
| Secondary Smelting and Alloying of Aluminum | 331314 | Aluminum and Aluminum Alloy Billet Manufacturing | 100% | 100% | 100% | 100% | |
| Secondary Smelting, Refining, and Alloying of Nonferrous Metal (Except Copper and Aluminum) | 331492 | Lead Acid Battery Recycling | 100% | 100% | 100% | 100% | |
| Iron Foundries | 331511 | Iron Foundries | 100% | 100% | 100% | 100% | |
| Ductile Iron Pipe Manufacturing | 100% | 100% | 100% | 100% | |||
| Hardware Manufacturing | 332510 | Hardware Manufacturing | 100% | 100% | 100% | 100% | |
| Turbine and Turbine Generator Set Units Manufacturing | 333611 | Testing of Turbines and Turbine Generator Sets | 100% | 100% | 100% | 100% | |
| Pharmaceutical and Medicine Manufacturing | 325412 | Pharmaceutical and Medicine Manufacturing | 100% | 100% | 100% | 100% | |
| Nonferrous Forging | 332112 | Nonferrous Metal Forging | 100% | 100% | 100% | 100% | |
| Seamless Rolled Ring | 100% | 100% | 100% | 100% | |||
| Low | Automobile Manufacturing | 336111 | Automobile Manufacturing | 100% | 100% | 100% | 100% |
| Aircraft Manufacturing | 336411 | Aircraft Manufacturing | 100% | 100% | 100% | 100% | |
| Guided Missile and Space Vehicle Manufacturing | 336414 | Guided Missile and Space Vehicle Manufacturing | 100% | 100% | 100% | 100% | |
| Support Activities for Air Transportation | 4881 | Support Activites for Air Transportation | 100% | 100% | 100% | 100% | |
Notes
2. Change without regulatory effect amending subsection (e)(2)(A) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment of subsection (d) filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
4. Amendment filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
5. Amendment of section heading and section filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
6. Amendment of subsections (b)(1)-(2) and (e)(3), amendment of subsection (i), repealer of subsection (i)(1), new subsection (j) and amendment of Table 8-1 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 and Section 16428.8, Government Code.
2. Change without regulatory effect amending subsection (e)(2)(A) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment of subsection (d) filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
4. Amendment filed 6-26-2014; operative
5. Amendment of section heading and section filed 9-18-2017; operative
6. Amendment of subsections (b)(1)-(2) and (e)(3), amendment of subsection (i), repealer of subsection (i)(1), new subsection (j) and amendment of Table 8-1 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.