Cal. Code Regs. tit. 17 § 95355

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 95355 - Reporting Requirements
(a)Annual Reporting. By June 1 of each year, any person who was a GIE owner at any point during the previous calendar year must submit an annual GHG emissions data report to the Executive Officer for the previous calendar year. A single annual GHG emissions data report containing the information required by this section must be submitted by each GIE owner regardless of whether the GIE owner's GIE are located in a single physical location or multiple non-contiguous locations within California. Annual reports must contain all of the following information:
(1) GIE owner's name, ARB identification number (if assigned), telephone number, and the physical address and mailing address of the GIE owner's headquarters;
(2) Location in California of records and documents maintained pursuant to this subsection, if the location is different from the GIE owner's physical address;
(3) Name, official title, email address, telephone number, and mailing address of the designated representative;
(4) The data year for which the information is submitted;
(5) The information required to be recorded pursuant to sections 95354(a), (d), (h), and (m);
(6) For each GIE device for which the GIE owner claims an early action credit pursuant to section 95353(d), report:
(A) Data elements described in section 95354(a)(1), (3)-(7)(A), and (11);
(B) The date the device became active GIE for the first time;
(C) Medium that provides insulating and/or interrupting (arc quenching) functions; and
(D) Whether during the data year the GIE device was removed from regular use pursuant to section 95354(c)(1) or transferred while in use pursuant to section 95354(c)(2).
(7) The following information related to emissions:
(A) Average system capacity (Cavg,j,i) (pounds), as calculated pursuant to section 95353(b) for each covered insulating gas required to be reported during the data year;
(B) Average CO2e capacityi (MTCO2e), as calculated pursuant to section 95353(c);
(C) Early Action Credit (EAC i) (MTCO2e), as calculated pursuant to section 95353(d), and EAC[LESS THAN EQUAL TO]10 pursuant to section 95353(f);
(D) BL CO2e capacity12/31/2024,i (MTCO2e) and BL CO2e capacityi (MTCO2e) as calculated pursuant to section 95353(e)(1) and (f), respectively (for data years 2025 and beyond);
1. BL CO2e capacity 12/31/2024 (for data year 2025 only);
(E) The GIE owner's Emissions Limiti (MTCO2e) for the data year, as calculated pursuant to sections 95353(g) or (h);
(F)Annual Emissionsj,i (pounds) for each covered insulating gas and the values used for all the terms listed in section 95354.1(a);
(G)CO2e emissionsi (MTCO2e) as calculated pursuant to section 95354.1(b);
(H)E.E. Emissionsj,i (pounds), GWP of covered insulating gas(es), and type of covered insulating gas(es) associated with each emergency event exemption approved by the Executive Officer pursuant to section 95357.1 for the data year; and
(I)CO2e emissions excluding E.E.i (MTCO2e) as calculated pursuant to section 95354.1(c).
(8) Documentation submitted per sections 95353(i) or 95353(j) for any GIE owners combining or splitting during the data year; and
(9) The appropriate attestation statement from section 95355(c).
(b)Submission Process. The annual GHG emissions data report shall be submitted to the Executive Officer as follows:
(1) GIE owners subject to this regulation that own, are owned by, have previously owned, or have previously been owned by an entity subject to the requirements of title 17, California Code of Regulations, section 95100et seq. shall use the California Electronic Greenhouse Gas Reporting Tool (Cal e-GGRT) or another mechanism specified in title 17, California Code of Regulations, section 95104(e).
(2) GIE owners not subject to the requirements of title 17, California Code of Regulations, section 95100et seq., may either:
(A) Use Cal e-GGRT, or other mechanism as specified in title 17, California Code of Regulations, section 95104(e); or
(B) Submit reports to CARB through electronic mail.
(c)Attestations. Any statements and/or information, including the annual report, submitted to CARB pursuant to this regulation must include the appropriate attestation statement specified in subsection (c)(1) or (c)(2), signed by the designated representative, under penalty of perjury.
(1) If the information is submitted using Cal e-GGRT, the attestation must state "By submitting my electronic signature via the California Air Resources Board's Greenhouse Gas Reporting Tool, I hereby certify that I am authorized to make this submission on behalf of the gas-insulated equipment owner for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information in this report submitted pursuant to title 17, California Code of Regulations, sections 95350-95359.1. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine."
(2) If the information is not submitted using Cal e-GGRT, the GIE owner must sign, date and submit the following attestation to CARB. The attestation must state "I hereby certify that I am authorized to make this submission on behalf of the gas-insulated equipment owner for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information in this report or information submitted pursuant to title 17, California Code of Regulations, sections 95350-95359.1. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine."
(d)Designated Representative. Within 30 days of the designated representative of a GIE owner being relieved of their duties, the GIE owner must appoint a new designated representative and notify CARB of the change. The notification must include the name, official title, mailing address, phone number, and email address of the new designated representative. A GIE owner who submitted their prior annual report using Cal e-GGRT must update the name and contact information of the designated representative in Cal e-GRRT to meet this requirement.
(e)Retirement and Changes in Ownership. Any GIE owner who permanently relinquishes ownership of all GIE that uses any covered insulating gas must notify CARB that they are no longer subject to this subarticle within 30 days of the date the GIE were relinquished. The notification must contain the following information:
(1) GIE owner name, phone number, and physical address;
(2) Designated representative's name, official title, mailing address, phone number, and email address;
(3) The final date that the entity was a GIE owner;
(4) The method by which the GIE were relinquished. Specifically, the GIE owner must indicate whether the GIE were sold, transferred, disposed of, or other. "Other" may only be reported if the GIE were not relinquished by way of sale, transfer, or disposal.
(A) If the method is reported as "other," report the method.
(B) If the method is reported as "sold" or "transferred," report the name of the entity(s) to which the GIE were sold or transferred to.
1. Any entity not previously subject to this section that receives any of these GIE becomes a GIE owner subject to this section. The new GIE owner must notify CARB of the ownership change. The notification must include the name of the previous GIE owner, the name of the new GIE owner, the date of the change in ownership and the name, official title, mailing address, phone number and email address of the new designated representative.
2. If the previous GIE owner submitted the most recent annual report using Cal e-GGRT, the GIE owner must submit all future reports through Cal e-GGRT. The new GIE owner must register in Cal e-GGRT within 30 days of the change of ownership.
(C) If the method is reported as "disposed of," report the location(s) where the GIE were disposed of, either expressed as a physical street address or latitude and longitude. Whenever GIE are transferred to a third party who would then be responsible for disposal, the GIE owner should follow the requirements of section 95355(e)(4)(B).
(5) The appropriate attestation statement from section 95355(c).

Cal. Code Regs. Tit. 17, § 95355

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 5).
2. Repealer and new section filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Sections 38510, 38560, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38560, 39600 and 39601, Health and Safety Code.

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4(Register 2011, No. 5).
2. Repealer and new section filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)