1. (a) Initial Implementation Fee Upon Registration. An implementation fee must be paid by each owner or operator of a facility with a refrigeration system with a full charge greater than or equal to 200 pounds of a high-GWP refrigerant. The fee is due and payable to the Executive Officer on the same date that the owner or operator is required to register pursuant to section 95383. The amount of the fee is specified in subsection (c).
2. (b) Annual Implementation Fee. An annual implementation fee must be paid by each owner or operator of a facility with a refrigerator system with a full charge greater than or equal to 200 pounds of a high-GWP refrigerant. The annual fee is due and payable to the Executive Officer no later than March 1 of each calendar year after the calendar year in which registration is required under section 95383. The amount of the implementation fee is specified in subsection (c).

3. (c) Amount of Implementation Fee. The amount of the initial and annual implementation fee is based on the refrigeration system with the largest full charge that is operating at the facility, and is as follows:

   1. (1) The initial and annual implementation fee for a facility with a refrigeration system with a full charge of 2,000 pounds or greater is $370.
   2. (2) The initial and annual implementation fee for a facility with a refrigeration system with a full charge of 200 pounds or greater, but less than 2,000 pounds is, $170.

4. (d) Facilities Exempt from Paying Fees. Notwithstanding subsections (a), (b), (c), and (f) of this section, the owner or operator is not required to pay the initial or annual implementation fee for any calendar year if during the previous calendar year all of the refrigeration systems at the facility have been maintained using the following advanced strategies and practices to reduce refrigerant charges and emissions of ozone-depleting substances and greenhouse gases.

   1. (1) If the facility is not a newly constructed facility, all of the following criteria must be met:

      1. (A) The facility must use only refrigerants with zero ozone-depleting potential; and
      2. (B) The facility must use only refrigerants found acceptable by the U.S. EPA Significant New Alternatives Policy (SNAP) program pursuant to Title 40 of the Code of Federal Regulations, Part 82, § 82.170 for the specific end use; and
      3. (C) The facility must achieve an average HFC full charge equal to or less than 1.25 lbs. of refrigerant per 1000 Btu per hour total evaporator cooling load; and
      4. (D) The facility must achieve a facility-wide annual refrigerant leak rate, as defined in Title 40 of the Code of Federal Regulations, Part 82, § 82.152 (as amended April 13, 2005), of 10% or less; and
      5. (E) The owner or operator must swear under penalty of perjury that the criteria specified in subsection (d)(1) have been met.

   2. (2) If the facility is a newly constructed facility, all of the following criteria must be met:

      1. (A) The facility must use only refrigerants with zero ozone-depleting potential; and
      2. (B) The facility must use only refrigerants found acceptable by the U.S. EPA Significant New Alternatives Policy (SNAP) program pursuant to Title 40 of the Code of Federal Regulations, Part 82, § 82.170 for the specific end use; and
      3. (C) The facility must achieve an average HFC full charge equal to or less than 1.25 lbs. of refrigerant per 1000 Btu per hour total evaporator cooling load; and
      4. (D) The owner or operator must swear under penalty of perjury that the criteria specified in subsection (d)(2) have been met.
5. (e) Upon request by an authorized representative of the Executive Officer including a local Air Pollution Control Officer, the owner or operator claiming that the facility meets the criteria of subsection (d) must provide documentation to demonstrate that the criteria are met, and must provide a written statement as provided in subsection (d)(1)(E) or (d)(2)(D).

6. (f) Summary of Requirements to Pay Implementation Fees. The following table summarizes the requirements of section 95384 to pay implementation fees.

   Initial Implementation Fee Upon Registration

   Annual Implementation Fee

   Facilities with a refrigeration system that begin operation before January 1, 2012 with a full charge of 2,000 pounds or greater.

   Amount: $370 Due Date: The owner or operator must register and pay the fee by March 1, 2012.

   Amount: $370 Due Date: Fee is due by March 1, 2013, and each year thereafter.

   Facilities with a refrigeration system that begin operation on or after January 1, 2012 with a full charge of 2,000 pounds or greater.

   Amount: $370 Due Date: The owner or operator must register and pay the fee by March 1 of the calendar year after the refrigeration system begins operating.

   Amount: $370 Due Date: By March 1 of the calendar year after the refrigeration system is required to be registered, and each year thereafter.

   Facilities with a refrigeration system that begin operation before January 1, 2014 with a full charge of 200 pounds or greater, but less than 2,000 pounds.

   Amount: $170 Due Date: The owner or operator must register and pay the fee by March 1, 2014.

   Amount: $170 Due Date: Fee is due by March 1, 2015, and each year thereafter.

   Facilities with a refrigeration system that begin operation on or after January 1, 2014 with a full charge of 200 pounds or greater, but less than 2,000 pounds.

   Amount: $170 Due Date: The owner or operator must register and pay the fee by March 1 of the calendar year after the refrigeration system begins operating.

   Amount: $170 Due Date: By March 1 of the calendar year after the refrigeration system is required to be registered, and each year thereafter.

7. (g) Fees collected pursuant to this section shall be deposited into the California Air Pollution Control Fund.

Note: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 39601 and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 39601 and 41511, Health and Safety Code.

History

1. New section filed 10-20-2010; operative 11-19-2010 (Register 2010, No. 43).