California Code of Regulations
Title 20 - Public Utilities and Energy
Division 2 - State Energy Resources Conservation and Development Commission
Chapter 12 - Alternative and Renewable Fuel and Vehicle Technology Program Regulations
Article 1 - General Provisions Regarding Project Funding
Section 3101.5 - Sustainability Goals and Evaluation Criteria
Universal Citation: 20 CA Code of Regs 3101.5
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) As directed in Health and Safety Code Section 44271(a)(1), the commission establishes the following sustainability goals for the program. The sustainability goals described in this section shall guide the commission in ensuring that funded projects promote sustainable alternative fuels and vehicles and do not adversely affect natural resources. The criteria described in subpart (b) shall serve as the metrics by which the commission identifies projects that best achieve the sustainability goals.
(1) The first sustainability goal shall be
the substantial reduction of greenhouse gas emissions associated with
California's transportation system to help meet California's 2020 and 2050
targets as defined in Health and Safety Code Section
38550
and the Governor's Executive Order S-03-05.
(2) The second sustainability goal shall be
to protect the environment, including all natural resources, from the effects
of alternative and renewable fuel development and promote the superior
environmental performance of alternative and renewable fuels, infrastructure
and vehicle technologies.
(3) The
third sustainability goal shall be to enhance market and public acceptance of
sustainably produced alternative and renewable fuels by developing, promoting,
and creating incentives for the production of such fuels in accordance with
certified sustainable production practices and standards as established by
government agencies, academic institutions, and nongovernmental
organizations.
(b) In addition to the criteria listed in Section 3101, one or more of the following sustainability criteria shall be applied to each project, as appropriate, with the objective to fund only those projects that best exemplify attainment of the commission's sustainability goals, promote sustainable alternative fuels and vehicles, and do not adversely affect natural resources. Greater preference will be given to projects that incorporate or demonstrate the greatest number of sustainability criteria.
(1) Strong
preference will be given to projects that can best contribute to meeting
California's climate change policy goals as described in Health and Safety Code
Section
38550,
the Governor's Executive Order S-03-05, and the Low Carbon Fuel Standard when
adopted by the Air Resources Board, and that demonstrate the best potential for
substantial reduction of greenhouse gas emissions associated with California's
transportation system.
(A) Applicants must
provide sufficient information to determine the greenhouse gas emissions
profile of the proposed project on a full fuel-cycle basis in accordance with
the methodologies described in the August 2007 Full Fuel Cycle Assessment
(CEC-600-2007-004-REV), or an alternative methodology approved by the
commission. This information shall include an estimate of greenhouse gas
emissions from indirect land use changes.
(B) Projects with the lowest greenhouse gas
emissions from the petroleum baseline, as defined in the August 2007 Full Fuel
Cycle Assessment (CEC-600-2007-004-REV), will demonstrate the best potential to
contribute to state climate change policies.
(C) Projects with greenhouse gas emissions
that exceed the petroleum baseline, on a full fuel-cycle basis, would not be
eligible for funding consideration.
(2) Strong preference will be given to
projects that demonstrate environmental protection, natural resource
preservation, and superior environmental performance, by the use of
manufacturing, production or agricultural technologies and practices which are
more energy efficient and less environmentally damaging than current standard
practices and technologies for the production of petroleum fuels, production of
basic agricultural commodities and extraction of natural resources when
measured on a life-cycle basis. The commission will fund projects that best
demonstrate and implement practices that preserve ecosystem integrity, protect
and enhance the resiliency of natural ecosystems, and respect the physical
carrying capacity limits of natural systems at the local, regional, and global
scale.
(A) Projects that maximize the use of
waste stream materials as their feedstock are examples of technologies that
further environmental protection and natural resource preservation
goals.
(B) The use of existing Best
Management Practices developed by natural resource and pollution control
agencies, academic institutions, or non-governmental organizations and that
exceed applicable Best Available Control Technologies are examples of
appropriate means to protect the environment and natural resources.
(C) For projects using purpose-grown energy
crops, furtherance of environmental protection and natural resource
preservation goals would be demonstrated by:
i. Development and implementation of a
sustainability best management practices plan developed by institutions such as
the University of California at Davis.
ii. Use of lands historically used for
agricultural purposes.
iii. Use of
marginal crop lands that are not used for food crops and that do not displace
or disrupt cropping patterns for food production.
iv. Use of crops uniquely suited to climate,
water and natural resource constraints in California and the Arid West that
require less irrigation water than commonly produced agricultural
commodities.
(D)
Infrastructure and agricultural projects that implement water efficiency and
water use reduction measures, that use recycled or reclaimed water for
industrial purposes, and that reduce or eliminate point source and non-point
source wastewater discharge, are examples of appropriate resource protection
practices.
(E) Projects that use
renewable energy or cogeneration in the production, processing or distribution
phase will demonstrate that the project implements environmental protection and
natural resource preservation practices.
(F) Projects that use forest biomass
resources as part of their feedstock, and that demonstrate the advancement of
natural resource protection goals, are those that use forest biomass collection
or harvesting practices that do not diminish the ecological values of forest
stands, and that are consistent with forest restoration, fire risk management
and ecosystem management goals.
(G)
Projects that create benefits to state natural resources or that ameliorate
degraded resources would demonstrate natural resource protection
goals.
(H) Alternative fuel
infrastructure projects that procure and distribute low carbon alternative
fuels as described in 3101.5 (b)(1), or that are produced in accordance with
the sustainability criteria described in sections
3101.5(b)(2) and
(b)(3), would demonstrate furtherance of
greenhouse gas reduction and natural resource protection
goals.
(3) Preference
will be given to projects which produce sustainable feedstocks, or produce or
distribute alternative fuels, which strictly follow established government or
third party sustainability certification standards for the production of
alternative and renewable fuels.
(A) Examples
of sustainability certification standards include, but are not limited to:
i. Roundtable on Sustainable
Biofuels
ii. Council for
Sustainable Biomass Production
iii.
Sustainable Biodiesel Alliance
iv.
Roundtable for Sustainable Palm Oil
v. UK Renewable Fuel Transport
Obligation
vi. European
Commission's Sustainability Criteria and Certification Systems for Biomass
Production
vii. Forest Stewardship
Council
1. New section filed 4-22-2009; operative 4-22-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 17).
Note: Authority cited: Sections 44271(a)(1) and 44272(a), Health and Safety Code. Reference: Sections 44271(a)(1) and 44272(a)-(d), Health and Safety Code.
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