Cal. Code Regs. tit. 20 § 3103

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 3103 - Funding Restrictions

(a) A project shall not be eligible for funding if it is mandated by any local, regional, state, or federal law, rule, or regulation.

(b) If a project is one that helps the applicant meet a performance requirement mandated by local, regional, state, or federal law, rule, or regulation, the project shall not be eligible for funding.

(c) To the extent a project exceeds what is required for compliance with a legally enforceable requirement, it may receive funding for that part of the project that the applicant demonstrates is not mandated to meet the requirement. Credits generated by the excess, however, may not be used or sold by the applicant to offset a legally enforceable requirement.

(d) For purposes of this section, a legally enforceable requirement refers to any requirement enforceable by a local, regional, state, or federal agency for the purpose of reducing the emission of one or more criteria pollutants, toxic air contaminants, or any greenhouse gas.

(e) For purposes of this section, the following are not subject to the restrictions contained in subdivisions (a) and (c):

1. A project that produces opt-in fuels under the Low Carbon Fuel Standard (California Code of Regulations, title 17, section 95480.1, subdivision (b));

2. A project that produces biofuel that meets or falls below the average carbon intensity requirements set forth in the Low Carbon Fuel Standard (California Code of Regulations, title 17, section 95482, subdivisions (b) and (c)) for the year in which the credits are generated;

3. A project under which the applicant has voluntarily opted-in to an emission reduction credit generating program for the purpose of participating in the program's credit market; and

4. A project that had been awarded funding under Health and Safety Code section 44272 prior to the effective date of this section as amended and also satisfies at least one of the requirements listed in subdivisions (e)(1)-(3).

Cal. Code Regs. Tit. 20, § 3103

1. New section filed 4-22-2009; operative 4-22-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 17).
2. Amendment of section and NOTE filed 3-12-2015 as an emergency; operative 3-12-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending subsections (d)1. and (d)2. filed 5-21-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 21).
4. Amendment of section and NOTE, including 5-21-2015 nonsubstantive amendments, refiled 9-3-2015 as an emergency; operative 9-3-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-2-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-3-2015 order, including amendment of subsections (c) and (d), repealer of subsections (d)1.-4. and new subsections (e)-(e)4., transmitted to OAL 9-11-2015 and filed 10-20-2015; amendments effective 10-20-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 43).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 44272(a), Health and Safety Code. Reference: Sections 44271- 44272, Health and Safety Code.

1. New section filed 4-22-2009; operative 4-22-2009 pursuant to Government Code section 11343.4(Register 2009, No. 17).
2. Amendment of section and Note filed 3-12-2015 as an emergency; operative 3-12-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending subsections (d)1. and (d)2. filed 5-21-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 21).
4. Amendment of section and Note, including 5-21-2015 nonsubstantive amendments, refiled 9-3-2015 as an emergency; operative 9-3-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-2-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-3-2015 order, including amendment of subsections (c) and (d), repealer of subsections (d)1.-4. and new subsections (e)-(e)4., transmitted to OAL 9-11-2015 and filed 10-20-2015; amendments effective 10-20-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 43).