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 3103 - Funding Restrictions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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. 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language will be repealed by operation of law on the following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be repealed by operation of law on the following day.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.
