Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The LCFS Data Management System refers to all the
online systems responsible for LCFS data management and program
implementation.
The LCFS Data Management System comprises three
interactive and secured web-based systems: Alternative Fuel Portal, LCFS
Reporting Tool and Credit Bank and Transfer System, and LCFS Verification
Portal.
(a)
Alternative Fuel
Portal (AFP). The AFP supports fuel pathway applications,
certifications, and verifications. It also handles the registration of fuel
production facilities and opt-in projects.
(1)
Eligibility. Any person who intends to be a fuel pathway
applicant or an opt-in project operator can request to establish an account in
the AFP.
(2)
Requirements
to Establish an Account in AFP. To establish an account in the AFP, an
entity must complete and submit the online AFP account registration form and
provide the following:
(A) Organization name,
address, state and country, Organization Federal Employer Identification Number
(FEIN), company EPA ID, if available, facility location(s).
(B) A letter on company letterhead stating
the basis for qualifying for an account pursuant to subsection (1) above. This
letter must be signed by the company owner, a president, a managing partner, or
a corporate officer. An electronic copy of the signed letter must be uploaded
in the AFP.
(C) The registrant must
designate a primary account representative and at least one alternate account
representative. The primary account representative and the alternate account
representative(s) must attest, as follows:
"I certify under penalty of perjury under the laws of
the State of California as follows: I was selected as the primary account
representative or the secondary account representative, as applicable, by an
agreement that is binding on all persons who have the legal right to access the
AFP account. I have all the necessary authority to carry out the duties and
responsibilities contained in California Code of Regulations, title 17,
sections 95480 et seq. on behalf of such
persons and that each such person shall be fully bound by my representations,
actions, inactions, or submissions and by any order or decision issued to me by
the Executive Officer or a court regarding the account."
(D) For each representative, name, title,
relationship to the organization, business phone, e-mail address, username, and
password.
(E) The account
representatives can be changed by following steps set forth in subsection (B),
(C), and (D) above. Notwithstanding any such change, all representations,
actions, inactions, and submissions by the previous account representatives
prior to the time and date when the Executive Officer receives the superseding
information shall be binding on the entity.
(3)
Account Approval.
(A) The account is established when the
Executive Officer approves the application.
(B) Account registration application may be
denied based on false, misleading, or missing information.
(4)
Account Management Roles and
Duties.(A) The account
representative is responsible for making any changes to the company profile
within AFP.
(B) The account
representative may designate users within the company who can access and manage
the account.
(C) If any information
required by section
95483.2(a)(2)
changes, the entity holding the account must update the account to reflect the
changes within 30 calendar days.
(b)
LCFS Reporting Tool and Credit
Bank & Transfer System (LRT-CBTS). The LRT-CBTS is designed to
support fuel transaction reporting, compliance demonstration, credit
generation, banking, and transfers.
(1)
Eligibility. The following entities can request to establish
an account in the LRT-CBTS:
(A) A fuel
reporting entity;
(B) An entity
opting into LCFS, pursuant to section
95483 or
95483.1; or
(C) An LCFS credit
broker.
(2)
Deadline to Establish LRT-CBTS Account.
(A) An entity responsible for reporting any
transportation fuels pursuant to section
95483 must complete registration
at least 30 days prior to the date for filing any required report.
(B) An opt-in entity can register anytime
during a calendar year. All quarterly and annual reporting is then required,
beginning with the quarter in which registration was approved, and continuing
until any opt-out is completed.
(C)
Any broker must register in LRT-CBTS prior to facilitating any LCFS credit
trades.
(3)
Requirements to Establish an Account in LRT-CBTS. A company
owner, a president, a managing partner, or a corporate officer with legal
binding authority must complete and submit the online LRT-CBTS account
registration form and provide the following:
(A) Organization name, address, state and
country, Organization Federal Employer Identification Number (FEIN), date and
place of incorporation.
(B) A
letter on company letterhead stating the basis for qualifying for an account
pursuant to subsection (1) above. This letter must be signed by the company
owner, a president, a managing partner, or a corporate officer. A signed pdf
copy must be uploaded in the LRT-CBTS to complete the application
process.
(C) The online LRT-CBTS
registration form must designate a primary account representative and at least
one alternate account representative. The primary account representative and
the alternate account representative(s) must attest in writing, as follows:
"I certify under penalty of perjury under the laws of
the State of California as follows: I was selected as the primary account
representative or the secondary account representative, as applicable, by an
agreement that is binding on all persons who have the legal right to control
LCFS credits held in the account. I have all the necessary authority to carry
out the duties and responsibilities contained in California Code of
Regulations, title 17, sections
95480 et seq. on behalf of such
persons and that each such person shall be fully bound by my representations,
actions, inactions, or submissions and by any order or decision issued to me by
the Executive Officer or a court regarding the account."
(D) For each representative, name, title,
relationship to the organization, business and mobile phone, e-mail address,
username, and password.
(E) The
account representatives can be changed by following steps set forth in
subsections (B) through (D) above. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous account
representatives prior to the time and date when the Executive Officer receives
the superseding information shall be binding on the entity.
(F) A designated fuel reporting entity
pursuant to section
95483(b) and (c)
must also provide a written contractual agreement demonstrating it acquired the
first fuel reporting entity status from another entity for each such
entity.
(G)
Clearing
Service Providers. In addition to requirements specified in
95483.2(b)(3)(A) through (E), a clearing service provider requesting to
establish an LRT-CBTS account must provide documents demonstrating their
eligibility pursuant to section
95483.1(a)(3).
(4)
LCFS Credit Broker. A
broker may represent other LRT-CBTS account holders in LCFS credit transfers.
To register a broker account, the broker must provide the following:
(A) Broker's organization name, address,
state and country, Organization Federal Employer Identification Number (FEIN),
date, and place of incorporation, if applicable.
(B) Broker's name, business and mobile phone,
e-mail address, username, and password.
(C) Broker's statement attesting: "By
submitting this broker registration application to the LCFS program for a
broker account in the LRT-CBTS, I am submitting to the jurisdiction of the
California courts. I certify under penalty of perjury that I have not been
convicted of a felony in the last five years."
(5)
Account Approval.
(A) The account is established when the
Executive Officer approves the application.
(B) Account registration application may be
denied based on false, misleading or missing information.
(6)
Account Management Roles and
Duties.(A) The account
representative is responsible for making any changes to the company profile
within LRT-CBTS.
(B) The account
representative may designate users within the company who can access and manage
the account.
(C) The account
representative is responsible for meeting the reporting requirements as set
forth in section
95491.
(D) If any information required by section
95483.2(b)(3)
changes, the entity holding the account must update the account to reflect the
changes within 30 calendar days.
(7)
Account Closure.
(A) An LRT-CBTS account is subject to
suspension or closure based on any of the following:
1. The account holder is no longer eligible
to establish an LRT-CBTS account pursuant to section
95483.2(b)(1);
2. The account holder fails to comply with
requirements of section
95483.2(b);
and
3. The account holder intends
to opt out pursuant to section
95483.1(c).
(B) The account holder must provide a notice
of intent to the LRT-CBTS Administrator to close the account within 90 days
after any condition in subsection (A) above. The entity must submit a final
quarterly report for the quarter in which the notice was provided, submit a
final annual report, and submit verification that any remaining deficits have
been eliminated. The Executive Officer shall notify the entity of the final
account closure. Any credits that remain in the entity's account at the time of
the closure will be placed in the Buffer Account.
(C) Failure to provide notice pursuant to
subsection (B) above will result in account closure and forfeit of any credits
that remain in the entities account at the time of the closure.
(D) When an entity requests to reopen the
LRT-CBTS account that was previously closed, the entity must follow the
requirements as set forth in section
95483.2(b) to
reopen the account.
(8)
Registration of Fueling Supply Equipment (FSE). After
establishing the LRT-CBTS account, fuel reporting entities for natural gas,
electricity, propane, and hydrogen must register all fueling supply equipment
in the LRT-CBTS using the FSE registration template available on the LRT-CBTS
home page. The completed FSE registration template with supporting documents
must be uploaded into the LRT-CBTS. Upon FSE registration, the applicant will
receive a unique LCFS FSE ID that must be used for reporting fuel transactions
in the LRT-CBTS pursuant to 95491. The following must be provided:
(A)
General Requirements.
All FSE registrations must include:
1. Federal
Employer Identification Number (FEIN) for the entity registering, name of the
facility at which FSE is situated, street address, latitude, and longitude of
the FSE location.
2. Name and
address of the entity that owns the FSE, if different from the entity
registering the FSE.
(B)
Specific Requirements by Fuel Type.
1. For CNG, FSE refers to a fueling station
associated with a utility meter. A CNG station with multiple dispensers is
considered a single FSE. Fuel reporting entities for CNG must provide the
natural gas utility meter number at the FSE location, name of the utility
company, and a copy of the most recent utility bill.
2. For LNG and propane, FSE refers to a
fueling station. An LNG or propane station with multiple dispensers is
considered a single FSE. Fuel reporting entities for LNG and propane must
provide a unique identifier associated with the FSE used for their own fuel
accounting or financial accounting or other purposes and copy of invoice or
bill of lading for the most recent fuel delivery.
3. For non-residential EV charging, FSE
refers to each piece of equipment capable of measuring the electricity
dispensed for EV charging. Fuel reporting entities for non-residential EV
charging for on-road applications must provide the serial number assigned to
the FSE by the original equipment manufacturer (OEM) and the name of OEM. If
there are multiple FSEs at the same location, each unique piece of equipment
must be registered separately.
4.
For residential metered EV charging, FSE refers to a piece of equipment or
on-vehicle telematics capable of measuring the electricity dispensed for EV
charging.
a. Fuel reporting entities for
metered residential EV charging using off-vehicle meters must provide the
serial number assigned to the FSE by the OEM, the name of the equipment OEM,
and the Vehicle Identification Number (VIN) for the vehicle expected to be
charged at the location.
b. Fuel
reporting entities using vehicle telematics must provide the VIN.
c. FSE registration is optional when
reporting metered electricity to generate base credits.
d. Notwithstanding subsection (8)(A) above,
location information and address is not required for residential
charging.
5. Fuel
reporting entities for fixed guideway systems are exempt from subsection (A)1.
above. The LRT-CBTS will assign FSE IDs for reporting purposes based on the
information provided in the LRT-CBTS account registration form.
6. For electric forklifts, eCHE, or eOGV, FSE
refers to the facility or location where electricity is dispensed for fueling.
If there are multiple FSEs capable of measuring the electricity dispensed at
the facility or location, then it is optional to provide serial number assigned
to each equipment by the OEM and the name of OEM.
7. For eTRU, FSE refers to each eTRU. Fuel
reporting entities for eTRU fueling must provide the serial number assigned to
the unit by the OEM and the name of the OEM.
8. For hydrogen, FSE refers to a fueling
station. A hydrogen station with multiple dispensers is considered a single
FSE. Fuel reporting entities for hydrogen must provide the station ID assigned
by SOSS.
9. For transportation
applications not covered in paragraphs 1. through 8. above, FSE refers to a
fuel dispenser or a transportation equipment with the capability to measure the
dispensed fuel in that equipment.
(c)
LCFS Verification Portal
(LVP). The LVP is designed to support LCFS verification processes.
(1)
Eligibility. Any entity
providing verification services pursuant to section
95500 (Executive Officer
accredited verification body) can request an account in LVP.
(2)
Requirements to Establish an
Account in LVP. A company owner, a president, a managing partner, a
corporate officer, or any other person with binding legal authority must
complete and submit the online LVP account registration form and provide the
following:
(A) Organization name, address,
state and country, Organization Federal Employer Identification Number (FEIN),
date and place of incorporation.
(B) The online LVP registration form must
designate a primary account representative and at least one alternate account
representative.
The primary account representative and the alternate
account representative(s) must attest in writing, as follows:
"I certify under penalty of perjury under the laws of
the State of California as follows: I was selected as the primary account
representative or the secondary account representative, as applicable, by an
agreement that is binding on all persons who have the legal right to submit
information on behalf of the verification body. I have all the necessary
authority to carry out the duties and responsibilities contained in California
Code of Regulations, title 17, sections
95480 et seq. on behalf of such
persons and that each such person shall be fully bound by my representations,
actions, inactions, or submissions and by any order or decision issued to me by
the Executive Officer or a court regarding the account."
(C) For each representative, name, title,
relationship to the organization, business and mobile phone, e-mail address,
username, and password.
(D) The
account representatives can be changed by following steps set forth in
subsection (B) and (C) above. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous account
representatives prior to the time and date when the Executive Officer receives
the superseding information shall be binding on the entity.
(3)
Account Approval.
(A) The account is established when the
Executive Officer approves the application.
(B) Account registration application may be
denied based on false, misleading or missing information.
(4)
Account Management Roles and
Duties.(A) The account
representative is responsible for making any changes to the company profile
within LVP.
(B) The account
representative may designate users within the company who can access and manage
the account.
(C) The account
representative is responsible for meeting the requirements as set forth in
section 95500 through
95502.
(D) If any information required by section
95483.2(c)(2)
changes, the entity holding the account must update the account to reflect the
changes within 30 calendar days.
1. New
section filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
47).
2. Amendment of section heading and repealer and new section
filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 1).
Note: Authority cited: Sections
38510,
38530,
38560,
38560.5,
38571,
38580,
39600,
39601
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
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).
