Cal. Code Regs. tit. 17 § 95481

Current through Register 2024 Notice Reg. No. 18, May 3, 2024

Section 95481 - Definitions and Acronyms

(a)Definitions. For the purposes of sections 95480 through 95503, the definitions in Health and Safety Code sections 39010 through 39060 shall apply, except as otherwise specified in this section or sections 95482 through 95503:

(1) "Account Administrator" means the person who can establish and activate user accounts for the reporting party organization as well as upload data (but not necessarily "submit" reports) into the LRT-CBTS. Account administrators with "signatory authority" may submit Quarterly and Annual Reports; initiate and view all credit transfers and credit transfer activity; access the Credit Balance ledger for the organization; and select/authorize broker(s) to represent them.

(2) "Advanced Credits" means LCFS base electricity credits that are issued prior to the quarter in which credit-generating transactions have occurred. Advanced credits can only be sold via the Credit Clearance Market, and only retired for the purpose of meeting compliance obligation.

(3) "Advanced Credit Window" is the six-year period during which advanced credits can be issued and after which base credit issuances will be adjusted to account for advanced credits.

(4) "Adverse Validation Statement" and "Adverse Verification Statement" means a statement rendered by a verification body attesting that:

(1) the verification body cannot say, with reasonable assurance, that the reported value is free of a material misstatement, or

(2) the data submitted contain one or more correctable errors, or

(3) both, and thus is not in conformance with the requirement to fix such errors pursuant to section 95501(b)(6). This definition applies to Adverse Validation Statements for fuel pathway applications and Adverse Verification Statements for Annual Fuel Pathway Reports, Quarterly Fuel Transactions Reports, Crude Oil Quarterly and Annual Volumes Reports, Low-Complexity/Low-Energy-Use Refinery Reports, and Project Reports. "Material misstatement" for each type of report is assessed pursuant to sections 95501(b)(9) through (11).

(5) "AEZ-EF Model" means the Agro-Ecological Zone Emissions Factor model (December 31, 2014), posted at http://www.arb.ca.gov/fuels/lcfs/lcfs_meetings/lcfs_meetings.htm and available for download at http://www.arb.ca.gov/fuels/lcfs/lcfs_meetings/aez-ef_model_v52.xlsm, which is incorporated herein by reference.

(6) "Aggregated Transaction Indicator" means an identifier for reported transactions that are a result of an aggregation or summing of more than one transaction in the LRT-CBTS. An entry of 'True' indicates that multiple transactions have been aggregated and are reported with a single Transaction Number. An entry of 'False' means that the transaction record results from one fuel transaction reported as a single Transaction Number.

(7) "Alternative Fuel" means any transportation fuel that is not CaRFG or a diesel fuel, including those fuels specified in section 95482(a)(3) through (a)(13).

(8) "Alternative Jet Fuel" means a drop-in fuel, made from petroleum or non-petroleum sources, which can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines and existing fuel distribution infrastructure.

(9) "Animal Fat" means the inedible fat that originates from a rendering facility as a product of rendering the by-products from meat processing facilities including animal parts, fat and bone. "Yellow grease" must be reported under an applicable animal fat pathway if evidence is not provided to the verifier or CARB to confirm the quantity that is animal fat and the quantity that is used cooking oil.

(10) "Application" means the type of vehicle where the fuel is consumed in terms of LDV/MDV for light-duty vehicle/medium-duty vehicle or HDV for heavy-duty vehicle.

(11) "Aviation Gasoline" means a complex mixture of volatile hydrocarbons, with or without additives, suitably blended to be used in aviation engines.

(12) "Avoided Cost Calculator" means the Excel-based spreadsheet model (May 2018) produced by Energy and Environmental Economics, Inc. (E3) for use in demand-side cost-effectiveness proceedings at the California Public Utilities Commission (CPUC), which is incorporated herein by reference, and is available for download at http://www.cpuc.ca.gov/General.aspx?id=5267.

(13) "Battery Electric Vehicle (BEV)" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.

(14) "Biodiesel" means a fuel as defined in California Code of Regulations, title 4, section 4140(a).

(15) "Biodiesel Blend" means biodiesel blended with CARB diesel.

(16) "Biogas" means the raw gaseous mixture comprised primarily of methane and carbon dioxide and derived from sources, including but not limited to, the anaerobic decomposition of organic matter in a landfill, lagoon, or constructed reactor (digester). Biogas often contains a number of other impurities, such as hydrogen sulfide, and it cannot be directly injected into natural gas pipelines or combusted in most natural-gas-fueled vehicles. It can be used as a fuel in boilers and engines to produce electrical power. The biogas can be refined to produce near-pure methane, which is sold as biomethane.

(17) "Bio-CNG" means biomethane which has been compressed to CNG. Bio-CNG has equivalent performance characteristics when compared to fossil CNG.

(18) "Bio-LNG" means biomethane which has been compressed and liquefied into LNG. Bio-LNG has equivalent performance characteristics when compared to fossil LNG.

(19) "Bio-L-CNG" means biomethane which has been compressed, liquefied, re-gasified, and re-compressed into L-CNG, and has performance characteristics at least equivalent to fossil L-CNG.

(20) "Biomass" means non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms, including: products, by-products, residues and waste from agriculture, forestry, and related industries; the non-fossilized and biodegradable organic fractions of industrial and municipal wastes; and gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material.

(21) "Biomass-based Diesel" means a biodiesel or a renewable diesel.

(22) "Biomethane" means methane derived from biogas, or synthetic natural gas derived from renewable resources, including the organic portion of municipal solid waste, which has been upgraded to meet standards for injection to a natural gas common carrier pipeline, or for use in natural gas vehicles, natural gas equipment, or production of renewable hydrogen. Biomethane contains all of the environmental attributes associated with biogas and can also be referred to as renewable natural gas.

(23) "Blendstock" means a component that is either used alone or is blended with another component(s) to produce a finished fuel used in a motor vehicle. Each blendstock corresponds to a fuel pathway in the California-modified Greenhouse Gases, Regulated Emissions, and Energy use in Transportation version 3.0 (CA-GREET 3.0) model, (August 13, 2018), which is incorporated herein by reference. A blendstock that is used directly as a transportation fuel in a vehicle is considered a finished fuel.

(24) "Brown Grease" means an emulsion of fat, oil, grease, solids, and water separated from wastewater in a grease interceptor (grease trap) and collected for use as a fuel feedstock. Brown grease must be reported under an applicable used cooking oil (UCO) pathway, i.e., reported as "unprocessed UCO" only if evidence is provided to the verifier or CARB to confirm that it has not been processed prior to receipt by the fuel production facility.

(25) "Business Partner" refers to the counterparty in a specific transaction involving the fuel reporting entity. This can be either the buyer or the seller of fuel.

(26) "Carbon Intensity (CI)" means the quantity of life cycle greenhouse gas emissions, per unit of fuel energy, expressed in grams of carbon dioxide equivalent per megajoule (gCO₂e/MJ).

(27) "Cargo Handling Equipment" means any off-road, self-propelled vehicle or equipment, other than yard trucks, used at a port or intermodal rail yard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle, or used to perform maintenance and repair activities that are routinely scheduled or that are due to predictable process upsets. Equipment includes, but is not limited to, rubber-tired gantry cranes, top handlers, side handlers, reach stackers, loaders, aerial lifts, excavators, tractors, and dozers.

(28) "CHAdeMO Connector" means a connector and communication protocol for vehicle DC charging initially developed in Japan during 2005-2009. It was first adopted into international standards IEC 61851-23/24 and IEC 62196-3 in 2014 and then into USA standard IEEE 2030.1.1 in 2015. Further updates to the protocol are managed by the CHAdeMO Association.

(29) "Clean Fuel Reward" is a statewide program established by EDUs to provide a reduction in price on new light duty EV purchases or leases in California. The Clean Fuel Reward is funded exclusively through LCFS proceeds generated by EDUs from electricity fuel.

(30) "Compressed Natural Gas (CNG)" means natural gas that has been compressed to a pressure greater than ambient pressure.

(31) "Conflict of Interest" means a situation in which, because of financial or other activities or relationships with other persons or organizations, a person or body is unable, or potentially unable, to render an impartial validation or verification statement on a potential client's LCFS data report, or the person or body's objectivity in performing validation or verification services is, or might be, otherwise compromised.

(32) "Contract Description Code" means the alphanumeric code assigned by an exchange to a particular exchange product that differentiates the product from others traded on the exchange.

(33) "Conventional Jet Fuel" means aviation turbine fuel including Commercial and Military Jet Fuel. Commercial Jet Fuel includes products known as Jet A, Jet A-1, and Jet B. Military Jet Fuel includes products known as JP-5 and JP-8.

(34) "Correctable Errors" means one or more errors that result from a nonconformance with this subarticle and are identified by the verification team as errors that affect data subject to validation or verification as specified in section 95500. Differences that, in the professional judgment of the verification team, are the result of differing but reasonable methods of truncation or rounding or averaging, where a specific procedure is not prescribed by this subarticle, are not considered errors.

(35) "Credit Generator" means a fuel reporting entity or a project operator that generates LCFS credit in the LCFS program.

(36) "Credits" and "Deficits" mean the units of measure used for determining a regulated entity's compliance with the average carbon intensity requirements in section 95484. Credits and deficits are denominated in units of metric tons of carbon dioxide equivalent (CO₂e), and are calculated pursuant to sections 95486.1(a), (c), 95486.2(a)(5) and (b)(5), 95489 and 95490.

(37) "Day" means a calendar day unless otherwise specified as a business day.

(38) "Deficit Generator" means a fuel reporting entity who generates deficits in the LCFS program.

(39) "Diesel Fuel" (also called conventional diesel fuel) has the same meaning as specified in California Code of Regulations, title 13, section 2281(b).

(40) "Direct Current Fast Charging" means charging an electric vehicle at 50 kW and higher using direct current.

(41) "Disadvantaged Communities" means communities that are defined by California Health and Safety Code section 39711(a) that are identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:

(1) areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation or

(2) areas with concentrations of people that are of low-income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment.

(42) "Distiller's Corn Oil" has the same meaning as "Technical Corn Oil."

(43) "Distiller's Sorghum Oil" has the same meaning as "Technical Sorghum Oil."

(44) "Drayage Trucks" means vehicles as defined in California Code of Regulations, title 13, section 2027(c).

(45) "E100," also known as "Denatured Fuel Ethanol," means nominally anhydrous ethyl alcohol.

(46) "Electrical Distribution Utility" means an entity that owns or operates an electrical distribution system, including:

(A) a public utility as defined in the Public Utilities Code section 216 (referred to as an Investor Owned Utility, or IOU); or

1. "Large Investor-owned Utility" means an IOU with annual load served equal to or more than 10,000 Gigawatt-hours (GWh) in 2017;

2. "Medium Investor-owned Utility" means an IOU with annual load served of less than 10,000 GWh and equal to or more than 700 GWh in 2017;

3. "Small Investor-owned Utility" means an IOU with annual load served equal to or less than 700 GWh in 2017.

or

(B) a local publicly-owned electric utility (POU) as defined in Public Utilities Code section 224.3;

1. "Large Publicly-owned Utility" means a California POU with annual load served equal to or more than 10,000 Gigawatt-hours (GWh) in 2017;

2. "Medium Publicly-owned Utility" means a California POU with annual load served of less than 10,000 GWh and equal to or more than 700 GWh in 2017;

3. "Small Publicly-owned Utility" means a California POU with annual load served of less than 700 GWh in 2017.

or

(C) an Electrical Cooperative (COOP) as defined in Public Utilities Code section 2776.

(47) "Electric Cargo Handling Equipment (eCHE)" means cargo handling equipment using electricity as the fuel.

(48) "Electric Power for Ocean-going Vessel (eOGV)" means shore power provided to an ocean going vessel at-berth.

(49) "Electric Transport Refrigeration Units (eTRU)" means refrigeration systems powered by electricity designed to refrigerate or heat perishable products that are transported in various containers, including semi-trailers, truck vans, shipping containers, and rail cars.

(50) "Electric Vehicle (EV)," for purposes of this regulation, refers to Battery Electric Vehicles (BEVs) and Plug-In Hybrid Electric Vehicles (PHEVs).

(51) "Energy Economy Ratio (EER)" means the dimensionless value that represents the efficiency of a fuel as used in a powertrain as compared to a reference fuel used in the same powertrain. EERs are often a comparison of miles per gasoline gallon equivalent (mpge) between two fuels. EERs for fixed guideway systems are based on MJ/number of passenger-miles.

(52) "Environmental Attribute" means greenhouse gas emission reduction recognition in any form, including verified emission reductions, voluntary emission reductions, offsets, allowances, credits, avoided compliance costs, emission rights and authorizations under any law or regulation, or any emission reduction registry, trading system, or reporting or reduction program for greenhouse gas emissions that is established, certified, maintained, or recognized by any international, governmental, or non-governmental agency.

(53) "Executive Officer" means the Executive Officer of the California Air Resources Board, or his or her delegate.

(54) "Exchange" means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades.

(55) "Export" means transportation fuel reported in the LRT-CBTS program that is subsequently delivered outside of California and not used for transportation in California.

(56) "Feedstock First Collection Point" means the facility that aggregates and stores or treats feedstock materials collected from a point of origin. The first collection point may be upstream of the fuel production facility, or, if feedstocks are transported to the fuel production facility directly from the point of origin, the first collection point is the fuel production facility.

(57) "Feedstock Transport Mode" means the applicable combination of actual delivery methods and the distance through which the feedstock was transported to any intermediate entities and ending at a fuel production facility. The fuel pathway holder and any entity reporting the fuel must demonstrate that the actual feedstock transport mode and distance conforms to the stated mode and distance in the certified pathway.

(58) "Final Distribution Facility" means the stationary finished fuel transfer point from which the finished fuel is transferred into the cargo tank truck, pipeline, or other delivery vessel for delivery to the facility at which the finished fuel will be dispensed into motor vehicles.

(59) "Finished Fuel" means a fuel that is used directly in a vehicle for transportation purposes without requiring additional chemical or physical processing.

(60) "First Fuel Reporting Entity" means the first entity responsible for reporting in the LRT-CBTS for a given amount of fuel. This entity initially holds the status as the fuel reporting entity and the credit or deficit generator for this fuel amount, but may transfer either status pursuant to sections 95483 or 95483.1.

(61) "Fish Oil" means the fat that originates from fish processing operations as a product of rendering fat from residual fish parts.

(62) "Fixed Guideway System" means a system of public transit electric vehicles that can operate only on its own guideway (directly operated, or DO), or through overhead or underground electricity supply constructed specifically for that purpose, such as light rail, heavy rail, cable car, street car, and trolley bus.

(63) "Fossil CNG" means CNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.

(64) "Fossil LNG" means LNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.

(65) "Fossil L-CNG" means L-CNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.

(66) "Fuel Pathway" means, for a particular finished fuel, the collective set of processes, operations, parameters, conditions, locations, and technologies throughout all stages that CARB considers appropriate to account for in the system boundary of a complete well-to-wheel analysis of that fuel's life cycle greenhouse gas emissions.

(67) "Fuel Pathway Applicant" refers to an entity that has registered in the Alternative Fuel Portal pursuant to section 95483.2 and has submitted an application including all required documents and attestations in support of the application requesting a certified fuel pathway.

(68) "Fuel Pathway Code" means the identifier in the LRT-CBTS that applies to a specific fuel pathway certified pursuant to sections 95488 through 95488.10.

(69) "Fuel Pathway Holder" means a fuel pathway applicant that has received a certified fuel pathway carbon intensity based on site-specific data, including a Provisional fuel pathway.

(70) "Fuel Production Facility" means the facility at which the fuel is produced. "Fuel Production facility" means, with respect to biomethane to vehicle fuel pathways, a facility at which fuel is upgraded, purified, or processed to meet standards for injection to a natural gas common carrier pipeline or for use in natural gas vehicles.

(71) "Fuel Reporting Entity" means an entity that is required to report fuel transactions in the LRT-CBTS pursuant to section 95483 or 95483.1. Fuel reporting entity refers to the first fuel reporting entity and to any entity to whom the reporting entity status is passed for a given quantity of fuel.

(72) "Fuel Transport Mode" means the applicable combination of actual fuel delivery methods, such as truck routes, rail lines, pipelines, and any other fuel distribution methods, and the distance through which the fuel was transported under contract from the entity that generated or produced the fuel, to any intermediate entities, and ending at the fuel blender, producer, importer, or provider in California. The fuel pathway holder and any entity reporting the fuel must demonstrate that the actual fuel transport mode and distance conforms to the stated mode and distance in the certified pathway.

(73) "Green Tariff" means a program in which a retail seller of electricity offers its customers an opportunity to purchase electricity sourced from low-carbon intensity energy resources. This includes the Green Tariff Shared Renewables program established pursuant to California Senate Bill 43 (2013) and defined under the California Public Utilities Code sections 2831- 2833.

(74) "GTAP" or "GTAP Model" means the Global Trade Analysis Project Model (December 2014), which is incorporated herein by reference, and is a software available for download at https://www.gtap.agecon.purdue.edu/resources/res_display.asp?RecordlD=4577.

(75) "Heavy-Duty Vehicle" means a vehicle that is rated at or greater than 14,001 pounds gross vehicle weight rating (GVWR).

(76) "Holdback Credits" means the portion of base residential EV charging credits issued to an EDU that are not contributed by the EDU to the Clean Fuel Reward program.

(77) "Home Fueling" means the dispensing of fuel by use of a fueling appliance that is located on or within a residential property with access limited to a single household.

(78) "Hybrid Electric Vehicle (HEV)" means any vehicle that can draw propulsion energy from both of the following on-vehicle sources of stored energy:

1) a consumable fuel, and

2) an energy storage device, such as a battery, capacitor, or flywheel.

(79) "Hydrogen Station Capacity Evaluator" or "HySCapE" means a tool developed by the National Renewable Energy Laboratory to determine the dispensing capacity of a hydrogen station, HySCapE Version 1.0 (August 13, 2018), which is incorporated herein by reference and available at http://www.arb.ca.gov/fuels/lcfs/lcfs.htm.

(80) "Import" means to bring a product from outside California into California.

(81) "Importer" means the person who owns the transportation fuel or blendstock, in the transportation equipment that held or carried the product, at the point the fuel entered California. For purposes of this definition, "transportation equipment" includes, but is not limited to, rail cars, cargo tanker trucks, and pipelines.

(82) "Independent Reviewer" means an accredited lead verifier, within a verification body, who (A) has not participated in conducting the LCFS validation or verification services for the client for the current application period or reporting period, and (B) provides an independent review of findings and services rendered to the client as required in section 95501. The independent reviewer is not required to meet the additional specified competency requirements in sections 95502(c)(4) and 95502(c)(5) that the verification team leader must meet.

(83) "Ineligible Specified Source Feedstock" means a feedstock specified in section 95488.8(g)(1)(A) that does not meet the chain-of-custody documentation requirements specified in section 95488.8(g)(1)(B).

(84) "Intermediate Calculated Value" means a value that is used in the calculation of a reported value but does not by itself meet the reporting requirement under section 95491.

(85) "Intermediate Facility" means a facility in a fuel supply chain, which is not the fuel production facility, that contributes site-specific data for determination of a fuel pathway carbon intensity. Intermediate facilities produce components of a fuel or intermediate chemical that may be further processed into a fuel. This term includes feedstock-processing facilities.

(86) "LCFS Credit Broker" is a person registered in the LRT-CBTS specifically to facilitate the transfer of LCFS credits between LRT-CBTS accounts.

(87) "Lead Verifier" means a person who has met all the requirements in section 95502 and who may act as either (A) the lead verifier of a verification team providing validation or verification services, or (B) as a lead verifier providing an independent review of validation or verification services rendered.

(88) "Life Cycle Greenhouse Gas Emissions" means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions, such as significant emissions from land use changes), as determined by the Executive Officer, related to the full fuel life cycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.

(89) "Light-Duty Vehicle" and "Medium-Duty Vehicle" mean a vehicle category that includes both light-duty (LDV) and medium-duty vehicles (MDV).

(A) "LDV" means a vehicle that is rated at 8,500 pounds or less GVWR.

(B) "MDV" means a vehicle that is rated between 8,501 and 14,000 pounds GVWR.

(90) "Liquefied Compressed Natural Gas (L-CNG)" means LNG that has been liquefied and transported to a dispensing station where it was then re-gasified and compressed to a pressure greater than ambient pressure.

(91) "Liquefied Natural Gas (LNG)" means natural gas that has been liquefied.

(92) "Liquefied petroleum gas (LPG or propane)" has the same meaning as defined in Vehicle Code section 380.

(93) "Load-Serving Entity" means any entity that (A) sells or provides electricity to end users located in California, or (B) generates electricity at one site and consumes electricity at another site that is in California and that is owned or controlled by the company. A load-serving entity does not include the owner or operator of a co-generator.

(94) "Low-Carbon Intensity (Low-CI) Electricity" means any electricity that is determined to have a carbon intensity that is less than the average grid electricity for the region, including but not limited to an "eligible renewable energy resource" as defined in Public Utilities Code sections 399.11- 399.36 under the California Renewables Portfolio Standard Program.

(95) "Low-Complexity/Low-Energy-Use Refinery" means a refinery that meets both of the following criteria:

(A) A Modified Nelson Complexity Score equal to or less than 5 as calculated in section 95489(d)(1)(A).

(B) Total annual energy use equal to or less than 5 million MMBtu as calculated in section 95489(d)(1)(B).

(96) "Low-Income Communities" means census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted pursuant to Health and Safety Code section 50093.

(97) "Mandatory Reporting Regulation" or "MRR" means CARB's Regulation for the Mandatory Reporting of Greenhouse Gas Emissions as set forth in title 17, California Code of Regulations, chapter 1, subchapter 10, article 2 (commencing with section 95100).

(98) "Material Misstatement of Operational Carbon Intensity" means any discrepancy, omission, or misreporting, or aggregation of the three, identified in the course of verification services that leads a verification team to believe that the reported operational CI (gCO₂e/MJ) contains one or more errors that, individually or collectively, result in an overstatement or understatement more than 5 percent of the reported operational CI, or 2 gCO₂e/MJ, whichever absolute value expressed in gCO₂e/MJ is greater. Material misstatement is calculated separately for each operational CI. All correctable errors identified must be fixed prior to the completion of the verification services to receive a positive or qualified positive verification statement.

(99) "Material Misstatement of Low-Complexity/Low-Energy-Use (LC/LEU) Refinery Data" means any discrepancy, omission, or misreporting, or aggregation of the three, identified in the course of LC/LEU refinery report verification services that leads a verification team to believe that a LC/LEU Refinery Report contains one or more errors that, individually or collectively, result in an overstatement greater than 5 percent of the regulated entity's annual sum of quarterly reported volumes of CARBOB or diesel produced from crude oil. Discrepancies, omissions, or misreporting, or an aggregation of the three, that result in an understatement of the annual sum of quarterly reported volumes of CARBOB or diesel produced from crude oil submitted in the LC/LEU Refinery Report is not a LC/LEU refinery data material misstatement. Material misstatement is calculated separately, pursuant to section 95501(b)(11), for the annual volume of CARBOB production from crude oil and for the annual volume of diesel production from crude oil. All correctable errors identified must be fixed prior to the completion of the verification services to receive a positive or qualified positive verification statement.

(100) "Material Misstatement of Project Data" means a discrepancy, omission, misreporting, or aggregation of the three, identified in the course of project verification services that leads a verification team to believe that a Project Report contains one or more errors that, individually or collectively, result in an overstatement greater than 5 percent of the regulated entity's reported total greenhouse gas emission reductions. Discrepancies, omissions, or misreporting, or an aggregation of the three, which result in an understatement of total reported greenhouse gas emission reductions in the Project Report, is not a project material misstatement. Material misstatement is calculated separately, pursuant to section 95501(b)(10), for each Project Report. All correctable errors identified must be fixed prior to the completion of the verification services to receive a positive or qualified positive verification statement.

(101) "Material Misstatement of Quarterly Fuel Quantity" means any discrepancy, omission, or misreporting, or aggregation of the three, identified in the course of validation or verification services that leads a verification team to believe that the regulated entity's reported fuel quantity per fuel pathway code per quarter contains one or more errors that, individually or collectively, result in an overstatement or understatement greater than 5 percent. Material misstatement is calculated separately, pursuant to section 95501(b)(9), for each quarterly fuel quantity per fuel pathway code. All correctable errors identified must be fixed prior to the completion of the verification services to receive a positive or qualified positive verification statement.

(102) "Modified Nelson Complexity Score" means a Nelson Complexity Score that is calculated without including lube oil and asphalt capacity, as set forth in section 95489(d)(1)(A).

(103) "Motor Vehicle" has the same meaning as defined in section 415 of the Vehicle Code.

(104) "Multi-fuel Vehicle" means a vehicle that uses two or more distinct fuels for its operation. A multi-fuel vehicle (also called a vehicle operating in blended-mode) includes a bi-fuel vehicle and can have two or more fueling ports onboard the vehicle. A fueling port can be an electrical plug or a receptacle for liquid or gaseous fuel. For example, most plug-in hybrid electric vehicles use both electricity and gasoline as the fuel source and can be "refueled" using two separately distinct fueling ports.

(105) "Multi-family Residence" means a dwelling unit in a building that consists of at least four condominium dwelling units or at least three apartment dwelling units in which each unit shares a floor or ceiling on at least one side.

(106) "Natural Gas" means a mixture of gaseous hydrocarbons and other compounds, with at least 80 percent methane (by volume), and typically sold or distributed by utilities, such as any utility company regulated by the California Public Utilities Commission.

(107) "Nelson Complexity Score" means the commonly used industry measure of a refinery's ability to convert crude oils to finished fuels, taking into consideration the complexity of the technologies incorporated within the process and related capacities as compared to crude distillation.

(108) "Nonconformance" means the failure to use any method or meet any other requirement specified in this subarticle.

(109) "Ocean-Going Vessel" means a commercial, government, or military vessel meeting any one of the following criteria:

(A) A vessel greater than or equal to 400 feet in length overall (LOA) as defined in 50 Code of Federal Regulations (CFR) § 679.2, as adopted June 19, 1996;

(B) A vessel greater than or equal to 10,000 gross tons (GT ITC) pursuant to the convention measurement (international system) as defined in 46 CFR § 69.51 -.61, as adopted September 12, 1989;

(C) A vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters.

(110) "On-road" means a vehicle that is designed to be driven on public highways and roadways and that is registered or is capable of being registered by the California Department of Motor Vehicles (DMV) under Vehicle Code sections 4000 et seq. - or DMV's equivalent in another state, province, or country; or the International Registration Plan. A vehicle covered under CARB's In-Use Off-Road Regulation, Code of Regulations, title 13, section 2449, is not covered under this definition.

(111) "OPGEE" or "OPGEE Model" means the Oil Production Greenhouse gas Emissions Estimator Version 2.0 (June 20, 2018) posted at http://www.arb.ca.gov/fuels/lcfs/lcfs.htm, which is incorporated herein by reference.

(112) "Opt-in Fuel Reporting Entity" means an entity that meets the requirements of section 95483.1 and voluntarily opts in to be a fuel reporting entity and is therefore subject to the requirements set forth in this subarticle.

(113) "Opt-in Project" means a project approved for generating LCFS credits by the Executive Officer pursuant to sections 95489 or 95490.

(114) "Over-the-Counter" means the trading of LCFS credits or contracts not executed or entered for clearing on any exchange.

(115) "Performance Review" means an assessment conducted by CARB of an applicant seeking to become accredited or reaccredited as a verification body or lead verifier pursuant to section 95502 of this subarticle. Such an assessment may include a review of applicable past sampling plans, validation and verification reports, validation and verification statements, conflict of interest submittals, and additional information or documentation regarding the applicant's fitness for qualification.

(116) "Petroleum Intermediate" means a petroleum product that can be further processed to produce CARBOB, diesel, or other petroleum blendstocks.

(117) "Petroleum Product" means all refined and semi-refined products that are produced at a refinery by processing crude oil and other petroleum-based feedstocks, including petroleum products derived from co-processing biomass and petroleum feedstock together. "Petroleum product" does not include plastics or plastic products.

(118) "Plug-In Hybrid Electric Vehicle (PHEV)" means a hybrid electric vehicle with the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in any manner while the vehicle is being driven.

(119) "Positive Validation Statement" and "Positive Verification Statement" means a statement rendered by a verification body attesting that the verification body can say, with reasonable assurance, that the reported value is free of material misstatement, when applicable, and conforms to the requirements of this subarticle. This definition applies to Positive Validation Statements for fuel pathway applications and Positive Verification Statements for Annual Fuel Pathway Reports, Quarterly Fuel Transactions Reports, Crude Oil Quarterly and Annual Volumes Reports, Low-Complexity/Low-Energy-Use Refinery Reports, and Project Reports.

(120) "Private Access Fueling Facility" means a fueling facility with access restricted to privately-distributed electronic cards ("cardlock") or is located in a secure area not accessible to the public.

(121) "Producer" means, with respect to any fuel, the entity that made or prepared the fuel.

(122) "Product Transfer Document (PTD)" means a document that authenticates the transfer of ownership of fuel from a fuel reporting entity to the recipient of the fuel. A PTD is created by a fuel reporting entity to contain information collectively supplied by other fuel transaction documents, including bills of lading, invoices, contracts, meter tickets, rail inventory sheets, Renewable Fuels Standard (RFS) product transfer documents, etc.

(123) "Project Operator" means an entity that registers an opt-in project in the Alternative Fuel Portal and has it approved for generating LCFS credits. A project operator must meet the requirements of sections 95483.1 and 95489 or 95490.

(124) "Public Access Fueling Facility" means a fueling facility that is not a private-access fueling dispenser.

(125) "Qualified Positive Validation Statement" and "Qualified Positive Verification Statement" means a statement rendered by a verification body attesting that the verification body can say, with reasonable assurance, that the reported value is free of material misstatement, when applicable, and is in conformance with the requirement to fix correctable errors pursuant to section 95501(b)(6), but the data may include one or more other nonconformance(s) with the requirements of this subarticle, which do not result in a material misstatement. This definition applies to Qualified Positive Validation Statements for fuel pathway applications and Qualified Positive Verification Statements for Annual Fuel Pathway Reports, Quarterly Fuel Transactions Reports, Crude Oil Quarterly and Annual Volumes Reports, Low-Complexity/Low-Energy-Use Refinery Reports, and Project Reports.

(126) "Rack" means a mechanism for delivering motor vehicle fuel or diesel from a refinery or terminal into a truck, trailer, railroad car, or other means of non-bulk transfer.

(127) "Reasonable Assurance" means a high degree of confidence that submitted data and statements are valid.

(128) "Regulated Entity" means an entity subject to any requirement pursuant to this subarticle.

(129) "Renewable Fuel Standard" means the program administered by the United States Environmental Protection Agency, under 40 CFR Part 80 : Regulation of Fuels and Fuel Additives, Subparts K and M.

(130) "Renewable Hydrocarbon Diesel" means a diesel fuel that is produced from non-petroleum renewable resources but is not a mono-alkyl ester and which is registered as a motor vehicle fuel or fuel additive under 40 Code of Federal Regulations part 79. This includes the renewable portion of a diesel fuel derived from co-processing biomass with a petroleum feedstock.

(131) "Renewable Hydrogen" means hydrogen derived from (1) electrolysis of water or aqueous solutions using renewable electricity; (2) catalytic cracking or steam methane reforming of biomethane; or (3) thermochemical conversion of biomass, including the organic portion of municipal solid waste (MSW). Renewable electricity, for the purpose of renewable hydrogen production by electrolysis, means electricity derived from sources that qualify as eligible renewable energy resources as defined in California Public Utilities Code sections 399.11- 399.36.

(132) "Renewable Propane" means liquefied petroleum gas (LPG or propane) that is produced from non-petroleum renewable resources.

(133) "Rural Area" means a census tract with at least 75 percent of its population identified as rural by the latest US Census data.

(134) "SAE CCS Connector" means a connector that supports both AC J1772 and DC Charging and created by the Society of Automobile Engineers, which is a standards development organization for vehicle technology.

(135) "Shore Power" means electrical power being provided either by the local utility or by distributed generation to ocean-going vessels at-berth.

(136) "Single-family Residence" means a building designed to house a family in a single residential unit. A single-family residence is either detached or attached including duplex or townhouse units.

(137) "Site-specific Data" and "Site-specific Input" means an input value used in determination of fuel pathway carbon intensity value, or the raw operational data used to calculate an input value, which is required to be unique to the facility, pathway, and feedstock. All site-specific inputs must be measured, metered or otherwise documented, and verifiable, e.g., consumption of natural gas or grid electricity at a fuel production facility must be documented by invoices from the utility.

(138) "Specified Source Feedstocks" means feedstocks that require the chain of custody evidence specified in 95488.8(g)(1)(B) to be eligible for a reduced CI associated with the use of a waste, residue, by-product or similar material. Specified source feedstocks are identified in section 95488.8(g)(1)(A).

(139) "Staff" means CARB personnel unless otherwise specified or dictated by context.

(140) "Station Operational Status System (SOSS)" means a software database tool developed and maintained by California Fuel Cell Partnership to publicly monitor the operational status of hydrogen stations.

(141) "Steam Quality" means the ratio of the mass of vapor to the total mass of a vapor-liquid mixture of water at its saturation temperature.

(142) "Technical Corn Oil" means inedible oil recovered from thin stillage or the distiller's grains and solubles produced by a dry mill corn ethanol plant, termed distiller's corn oil (DCO), or other non-food grade corn oil from food processing operations.

(143) "Technical Sorghum Oil" means inedible oil recovered from thin stillage or the distiller's grains and solubles produced by a dry mill sorghum ethanol plant, termed distiller's sorghum oil (DSO), or other non-food grade sorghum oil from food processing operations.

(144) "Total Obligated Amount (TOA)" means the quantity of fuel for which the fuel reporting entity is the eligible credit or deficit generator. The LRT-CBTS calculates the TOA for each fuel pathway code. TOA is calculated as the difference between the fuel reported using transaction types that increase the net quantity of fuel that generates credits or deficits in the LRT-CBTS and the fuel reported using transaction types that decrease the net quantity of fuel that generates credits or deficits in the LRT-CBTS. Transaction types that increase the TOA include: Production in California, Production for Import, Import, Purchased with Obligation, Gain of Inventory. Transaction types that decrease the TOA include: Sold with Obligation, Loss of Inventory, Export, Not Used for Transportation.

(145) "Total Amount (TA)" means the total quantity of fuel reported by a fuel reporting entity irrespective of whether the entity retained status as the credit or deficit generator for that specific fuel volume. TA is calculated as the difference between the fuel reported using transaction types that increase the net fuel quantity reported in the LRT-CBTS and fuel reported using transaction type that decrease the net fuel quantity reported in the LRT-CBTS. Transaction types that increase the TA include: Production in California, Production for Import, Import, Purchased with Obligation, Purchased without Obligation, Gain of Inventory. Transaction types that decrease the TA include: Sold with Obligation, Sold without Obligation, Loss of Inventory, Export, Not Used for Transportation.

(146) "Transaction Date" means the title transfer date as shown on the Product Transfer Document.

(147) "Transaction Quantity" means the amount of fuel reported in a transaction. A Transaction Quantity must be reported in units, provided in Table 4 and in the LRT-CBTS.

(148) "Transaction Type" means the nature of a fuel-based transaction as defined below:

(A) "Production in California" means the transportation fuel was produced at a facility in California for use in California;

(B) "Production for Import" means the transportation fuel was produced outside of California and imported into California for use in transportation.

(C) "Import" means the transportation fuel was produced outside of California and later brought by any party other than its producer into California for use in transportation.

(D) "Purchased with Obligation" means the transportation fuel was purchased with the obligation to claim credits or deficits in the LRT-CBTS from a separate fuel reporting entity;

(E) "Purchased without Obligation" means the transportation fuel was purchased without obligation to claim credits or deficits in the LRT-CBTS from a separate fuel reporting entity;

(F) "Sold with Obligation" means the transportation fuel was sold with the obligation to claim credits or deficits in the LRT-CBTS by a fuel reporting entity;

(G) "Sold without Obligation" means the transportation fuel was sold without obligation to claim credits or deficits in the LRT-CBTS by a fuel reporting entity;

(H) "Export" means any fuel reported in the LRT-CBTS that is subsequently delivered outside of California and is not used for transportation in California;

(I) "Loss of Inventory" means the fuel entered the California fuel pool but was not used due to volume loss;

(J) "Gain of Inventory" means the fuel entered the California fuel pool due to a volume gain;

(K) "Not Used for Transportation" means a transportation fuel was reported with compliance obligation under the LCFS but was later not used for transportation purposes in California or otherwise determined to be exempt under section 95482(d);

(L) "eTRU Fueling" means providing fuel to electric transport refrigeration units.

(M) "eCHE Fueling" means providing fuel to electric cargo handling equipment.

(N) "eOGV Fueling" means providing shore power to an ocean-going vessel at-berth.

(O) "EV Charging--Grid" means providing electricity to recharge EVs using the California Average Grid Electricity Lookup Table pathway for a given year as specified in section 95488.5;

(P) "EV Charging--Non-Grid" means providing electricity that has a carbon intensity lower than the average grid electricity and is obtained through an approved arrangement as specified in section 95488.8(h) or section 95488.8(i) to recharge EVs;

(Q) "EV Charging--Smart Charging" means providing electricity that is eligible to generate credits under the smart charging provisions in section 95488.5 to recharge EVs;

(R) "Fixed Guideway Electricity Fueling" means fueling light rail, heavy rail, cable car, street car, and trolley bus, or exclusive right-of-way bus operations with electricity;

(S) "Forklift Electricity Fueling" means providing fuel to electric forklifts;

(T) "Forklift Hydrogen Fueling" means providing fuel to hydrogen forklifts;

(U) "Fuel Cell Vehicle (FCV) Fueling" means the dispensing of hydrogen at a fueling station designed for fueling hydrogen fuel cell electric vehicles;

(V) "Fuel Cell Vehicle (FCV) Fueling--Smart Electrolysis" means the dispensing of hydrogen that is eligible to generate credits under the smart charging or electrolysis provisions in section 95488.5;

(W) "NGV Fueling" means the dispensing of natural gas at a fueling station designed for fueling natural gas vehicles;

(X) "Propane Fueling" means the dispensing of propane at a fueling station designed for fueling propane vehicles.

(149) "Transmix" means a mixture of refined products that forms when these products are transported through a pipeline. This mixture is typically a combination of two of the following: gasoline, diesel, or jet fuel.

(150) "Transportation Fuel" means any fuel used or intended for use as a motor vehicle fuel or for transportation purposes in a non-vehicular source.

(151) "Uncertainty" means the degree to which data or a data system is deemed to be indefinite or unreliable.

(152) "Used Cooking Oil" (or UCO) means fats and oils originating from commercial or industrial food processing operations, including restaurants, that have been used for cooking or frying. Feedstock characterized as UCO must contain only fats, oils, or greases that were previously used for cooking or frying operations. UCO must be characterized as "processed UCO" if it is known that processing has occurred prior to receipt by the fuel production facility or if evidence is not provided to the verifier or CARB to confirm that it is "unprocessed UCO."

(153) "Validation" means verification of a fuel pathway application.

(154) "Validation Statement" means the final statement rendered by a verification body attesting whether the fuel pathway application is free of material misstatement, and whether it conforms to the requirements of this subarticle.

(155) "Verification" means a systematic, independent and documented process for evaluation of reported data against the requirements specified in this subarticle.

(156) "Verification Body" means an entity accredited by the Executive Officer that is able to render a validation or verification statement and provide validation or verification services to entities required to contract for validation or verification.

(157) "Verification Services" means services provided during validation or verification as specified in section 95501 beginning with the development of the validation or verification plan to submitting a validation or verification statement to CARB.

(158) "Verification Statement" means the final statement rendered by a verification body attesting whether the responsible entity's report is free of material misstatement, when applicable, and whether the report conforms to the requirements of this subarticle.

(159) "Verification Team" means all persons working for a verification body, including all subcontractors, to provide validation or verification services to an entity required to contract for validation or verification.

(160) "Verifier Review" means all reviews and services specified in section 95501 that a verifier conducts, except the material misstatement assessment under section 95501(b)(9) through (11). If some data sources are selected for data checks based on the sampling plan, the verifier will check for conformance with the requirements of this subarticle.

(161) "Yard Truck" An off-road mobile utility vehicle used to carry cargo containers with or without chassis; also known as utility tractor rig (UTR), yard tractor, yard goat, yard hostler, yard hustler, or prime mover. For the purpose of LCFS crediting an electric yard truck is considered a heavy-duty truck.

(162) "Yellow Grease" means a commodity produced from a mixture of:

(A) used cooking oil, and

(B) rendered animal fats that were not used for cooking. This mixture often is combined from multiple points of origin. Yellow grease must be characterized as "animal fat" if evidence is not provided to the verifier or CARB to confirm the quantity that is animal fat and the quantity that is used cooking oil.

(b)Acronyms. For the purposes of sections 95480 through 95503, the following acronyms apply.

"AEZ-EF" means Agro-Ecological Zone Emissions Factor model.

"AJF" means Alternative Jet Fuel.

"ASTM" means ASTM International (formerly American Society for Testing and Materials).

"AFP" means Alternative Fuel Portal.

"BEV" means battery electric vehicles.

"CA-GREET" means California-modified Greenhouse Gases, Regulated Emissions, and Energy use in Transportation model.

"CARB" means the California Air Resources Board ("Board").

"CARBOB" means California reformulated gasoline blendstock for oxygenate blending.

"CaRFG" means California reformulated gasoline.

"CCM" means Credit Clearance Market.

"CEC" means California Energy Commission.

"CFR" means Code of Federal Regulations.

"CHAdeMO" means Charge de Move, a DC fast charging protocol.

"CI" means carbon intensity.

"CNG" means compressed natural gas.

"DC" means Direct Current.

"DCO" means Distiller's Corn Oil or Technical Corn Oil.

"DSO" means Distiller's Sorghum Oil or Technical Sorghum Oil.

"eCHE" means Electric Cargo Handling Equipment.

"EDU" means Electrical Distribution Utility.

"EER" means energy economy ratio.

"eTRU" means electric transport refrigeration unit.

"eOGV" means Electric Power for Ocean-going Vessel.

"EV" means electric vehicle.

"FCV" means fuel cell vehicle.

"FPC" means fuel pathway code.

"FSE" means fueling supply equipment.

"gCO₂e/MJ" means grams of carbon dioxide equivalent per megajoule.

"GTAP" means the Global Trade Analysis Project model.

"GTSR" means the Green Tariff Shared Renewables program.

"GVWR" means gross vehicle weight rating.

"HySCapE" means Hydrogen Station Capacity Evaluator.

"H₂" means hydrogen.

"HDV" means heavy-duty vehicles.

"HDV-CIE" means a heavy-duty vehicle compression-ignition engine.

"HDV-SIE" means a heavy-duty vehicle spark-ignition engine.

"HEV" means hybrid electric vehicle.

"ICEV" means internal combustion engine vehicle.

"LUC" means land use change.

"LCA" means life cycle analysis.

"LCFS" means Low Carbon Fuel Standard.

"LDV" means light-duty vehicles.

"L-CNG" means liquefied compressed natural gas.

"LNG" means liquefied natural gas.

"LPG" means liquefied petroleum gas.

"LRT-CBTS" means LCFS Reporting Tool and Credit Bank & Transfer System.

"LSE" means Load-Serving Entity.

"LVP" means LCFS Verification Portal.

"MCON" means marketable crude oil name.

"MDV" means medium-duty vehicles.

"MMBtu" means million British Thermal Units.

"MRR" means Mandatory Greenhouse Gas Reporting Regulation.

"MT" means metric tons of carbon dioxide equivalent.

"NG" means natural gas.

"NGV" means a natural gas vehicle.

"OPGEE" means Oil Production Greenhouse gas Emissions Estimator Model.

"PHEV" means plug-in hybrid vehicles.

"RFS" means the Renewable Fuel Standard.

"RNG" means renewable natural gas or biomethane.

"SAE CCS" means Society of Automotive Engineers Combined Charging System, a DC fast charging protocol.

"SMR" means steam methane reformation.

"SOSS" means Station Operational Status System.

"UCO" means used cooking oil.

"TEOR" means thermally enhanced oil recovery.

"ULSD" means California ultra-low sulfur diesel.

"U.S. EPA" means the United States Environmental Protection Agency.

Cal. Code Regs. Tit. 17, § 95481

1. New section filed 1-12-2010; operative 1-12-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 3).
2. Amendment of subsections (a)(20.5) and (a)(20.5)(B)-(C) and new subsection (a)(20.5)(D) filed 4-15-2010; operative 4-15-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 16).
3. Amendment filed 11-26-2012; operative 11-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 48).
4. Repealer and new section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
5. Amendment filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
6. New subsections (a)(2)-(3), (a)(29), (a)(41), (a)(44), (a)(46)(A)1.-3., (a)(76), (a)(96) and (a)(133) and subsection renumbering filed 5-27-2020; operative 7-1-2020 (Register 2020, No. 22).

Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38571, 38580, 39600, 39601, 41510, 41511 and 43018, Health and Safety Code; 42 U.S.C. section 7545; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516, 41510, 41511 and 43000, Health and Safety Code; Section 25000.5, Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).

1. New section filed 1-12-2010; operative 1-12-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 3).
2. Amendment of subsections (a)(20.5) and (a)(20.5)(B)-(C) and new subsection (a)(20.5)(D) filed 4-15-2010; operative 4-15-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 16).
3. Amendment filed 11-26-2012; operative 11-26-2012 pursuant to Government Code section 11343.4(Register 2012, No. 48).
4. Repealer and new section filed 11-16-2015; operative 1/1/2016 (Register 2015, No. 47).
5. Amendment filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
6. New subsections (a)(2)-(3), (a)(29), (a)(41), (a)(44), (a)(46)(A)1.-3., (a)(76), (a)(96) and (a)(133) and subsection renumbering filed 5-27-2020; operative 7/1/2020 (Register 2020, No. 22).