California Code of Regulations
Title 17 - Public Health
Division 3 - Air Resources
Chapter 1 - Air Resources Board
Subchapter 10 - Climate Change
Article 2 - Mandatory Greenhouse Gas Emissions Reporting
Subarticle 4 - Requirements for Verification of Greenhouse Gas Emissions Data Reports and Requirements Applicable to Emissions Data Verifiers; Requirements for Accreditation of Emissions Data and Offset Project Data Report Verifiers
Section 95130 - Requirements for Verification of Emissions Data Reports

Universal Citation: 17 CA Code of Regs 95130

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The reporting entity subject to verification must obtain the services of an accredited verification body for purposes of verifying each emissions data report submitted under this article, as specified in section 95103(f).

(a) Annual Verification.

(1) Reporting entities required to obtain annual verification services as specified in section 95103(f) are subject to full verification requirements in the first year that verification is required in each compliance period. Upon receiving a positive verification statement, or statements, if applicable, under full verification requirements, the reporting entity may choose to obtain less intensive verification services for the remaining years of the compliance period. Reporting entities subject to this section are also required to obtain full verification services if any of the following apply:

(A) There has been a change in the verification body;

(B) An adverse verification statement or qualified positive verification statement was issued for the previous year for either emissions data or product data, or both;

(D) Nothing in this paragraph shall be construed as preventing a verification body from performing a full verification in instances where there are changes in sources or emissions or covered products. The verification body must provide information on the causes of the emission changes and justification in the verification report if a full verification was not conducted in instances where the total reported GHG emissions differ by greater than 25 percent relative to the preceding year's emissions data report.

(2) Reporting entities subject to annual verification under section 95130 shall not use the same verification body or verifier(s) for a period of more than six consecutive years, which includes any verifications conducted under this article and for the California Climate Action Registry; The Climate Registry; Climate Action Reserve; or other third-party verifications, validations, or audits conducted under impartiality provisions substantively equivalent to section 95133, which may include third-party certification of environmental management systems to the ISO 14001 standard or third-party certification of energy management systems to the ISO 50001 standard. This limitation applies only to those third-party verifications, validations, or audits that include the scope of activities or operations under the ARB identification number for the emissions data report.

The six-year period begins on the date the reporting entity or its agent first contracts for any third-party verifications, validations, or audits under any protocols, including ARB verification services, for the scope of activities or operations under the ARB identification number for the emissions data report, and ends on the date the final verification statement is submitted. Verification bodies may not provide verification services if the six year period ends prior to sixty days after the emissions data report is certified by the reporting entity, unless a verification plan is agreed to by the reporting entity, the verification body, and the Executive Officer. If the six-year time limit is exceeded, the reporting entity must engage a different verification body and meet the verification deadline. Even if these services are provided before the verification body or verifiers have received ARB accreditation, the six year period still begins when these services are contracted for, if accreditation is later received.

The six-year limit also applies to verification bodies and verifiers providing ARB or any other third-party verifications, validations, or audits that include the scope of activities or operations under the ARB identification number for the emissions data report and does not reset upon a change in reporting entity ownership or operational control.

(3) If a reporting entity is required or elects to contract with another verification body or verifier(s), the reporting entity may contract verification services from the previous verification body or verifier(s) only after not using the previous verification body or verifier(s) for at least three years.

(A) If a reporting entity is required to select a new verification body to verify an emissions data report(s) that has been set aside pursuant to section 95131(e), the reporting entity may continue to contract for verification services with its current verification body, subject to the six-year time limit.

1. New subarticle 4 (sections 95130-95133) and section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. Amendment of subarticle heading, section and NOTE filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
3. Amendment of first paragraph filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
4. Amendment of subsections (a)(1)(D) and (a)(2) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
5. Amendment of subsection (a)(2) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
6. Repealer of subsection (a)(1)(A), subsection relettering, amendment of newly designated subsection (a)(1)(D) and subsection (a)(2) and new subsection (a)(3)(A) filed 9-1-2017; operative 1-1-2018 (Register 2017, No. 35).

Note: Authority cited: Sections 38510, 38530, 39600, 39601, 39607, 39607.4 and 41511, Health and Safety Code. Reference: Sections 38530, 39600 and 41511, Health and Safety Code.

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