Cal. Code Regs. Tit. 17, § 95989 - Direct Environmental Benefits in the State
(a) Offset projects using a protocol listed
in section
95973(a)(2)(C)
that are located within, or that avoid GHG emissions within, the State of
California are considered to provide direct environmental benefits in the
State.
(b) Any project located
outside the State of California may submit the following information to ARB to
enable a determination of whether the project provides direct environmental
benefits in the State. Such determination must be based on a showing that the
offset project or offset project type provides for the reduction or avoidance
of emissions of any air pollutant that is not credited pursuant to the
applicable Compliance Offset Protocol in the State or a reduction or avoidance
of any pollutant that is not credited pursuant to the applicable Compliance
Offset Protocol that could have an adverse impact on waters of the State.
(1) Scientific, peer-reviewed information or
reports supporting a claim that the offset project or offset project type
results in this type of reduction or avoidance of any pollutant in the
State;
(2) Governmental reports
from local, state, or national environmental, health, or energy agencies, or
multinational bodies (such as the Intergovernmental Panel on Climate Change)
supporting a claim that the offset project or offset project type results in
this type of reduction or avoidance of any pollutant in the State; or
(3) Monitoring or other analytical data
supporting a claim that the offset project or offset project type results in
this type of reduction or avoidance of any pollutant in the
State.
(c) New offset
projects. In order to be eligible to demonstrate that an offset project located
outside the State of California provides direct environmental benefits in the
State, the Offset Project Operator or Authorized Project Designee shall submit
all relevant materials listed in this section along with the first reporting
period Offset Project Data Report as specified in section
95976(d).
(d) Existing offset projects. For offset
projects located outside the State of California which have already received
ARB offset credits that would like to demonstrate that they provide direct
environmental benefits in the State, the Offset Project Operator, Authorized
Project Designee, or holder of the offset credits must submit all relevant
materials listed in this section to ARB no later than December 31, 2021, to
ensure that projects recognized as providing direct environmental benefits in
the state can be identified prior to any surrender of compliance instruments in
November 2022 to meet a compliance obligation for 2021 emissions.
Notes
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.
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