1. (a) Hydrogen Refueling Infrastructure (HRI) Pathways submitted before July 1, 2025.

   1. (1) HRI Pathway Eligibility. A hydrogen station owner or their designee identified in section 95483(b)(2) may submit an application to certify an HRI pathway subject to the following eligibility conditions:

      1. (A) The proposed HRI station must be located in California and open to the public.
      2. (B) The HRI pathway application must be received before July 1, 2025.

      3. (C) The following stations are not eligible for HRI crediting:

         1. 1. Any station receiving or spending funds pursuant to any settlement related to any California or Federal regulation enforcement; or
         2. 2. Any station built as a required mitigation measure pursuant to the California Environmental Quality Act.

   2. (2) HRI Application Requirements. For each hydrogen refueling station, the station owner must submit an application in the LRT-CBTS containing the following information:

      1. (A) Name and address of the owner of the proposed station.

      2. (B) Contact person for the owner entity.

         1. 1. Name
         2. 2. Title or position
         3. 3. Phone number
         4. 4. Mobile phone number
         5. 5. Email address
      3. (C) Name, street address, latitude, longitude and a location description for the proposed station.
      4. (D) Expected daily permitted hours of operation for the station. If the daily permitted hours are less than 24 hours, the applicant must provide documentation from a permitting authority demonstrating that daily permitted hours for the station are limited.
      5. (E) The station nameplate refueling capacity for the permitted hours of operation calculated using the HySCapE 1.0 model or an equivalent model or capacity estimation methodology approved by the Executive Officer. The applicant must submit a completed model with the application.
      6. (F) The HRI refueling capacity for the station is the nameplate refueling capacity determined in subsection (E) above or 1,200 kg/day, whichever is less.
      7. (G) The number of dispensing units at the station.
      8. (H) Expected source(s) of hydrogen, CI value(s), and method(s) used for delivery.
      9. (I) Expected date that the station will be operational.

      10. (J) Justification for the station location and how the proposed location contributes in developing a hydrogen refueling station network to support ZEV adoption. The justification must include:

          1. 1. The role(s) the station location will play in the developing hydrogen station network;
          2. 2. The means by which the station contributes to robust growth of the statewide hydrogen fueling network;
          3. 3. Demonstration of potential for consistent and calculable hydrogen demand;
          4. 4. Demonstration that the proposed station capacity is an appropriate capacity based on documented, verifiable, and reproducible projections of daily hydrogen demand at the proposed location;
          5. 5. Calculation of the projected trajectory of annualized average station utilization (calculated as annual throughput divided by annual station capacity) at the proposed location; and
          6. 6. Demonstration that the proposed station location has been discussed with local authorities having jurisdiction and no early roadblocks have been identified.

      11. (K) A signed attestation letter from the applicant attesting to the veracity of the information in the application packet. The attestation letter must be submitted as an electronic copy, be on company letterhead, be signed by an officer of the applicant with authority to attest to the veracity of the information in the application and to sign on behalf of the applicant, be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel), and include the following attestation:

          I, an authorized representative of _______________ (applicant entity), attest to the veracity of the information submitted as part of the Hydrogen Refueling Infrastructure (HRI) application, attest that the proposed FSE is not receiving funds pursuant to any enforcement settlement related to any California or Federal regulation, and declare that the information submitted accurately represents the anticipated and intended design and operation of the hydrogen refueling station. Further, I understand and agree to each of the statements in the attached application. I am a duly authorized officer with authority to attest to the veracity of the information in the application and to sign on behalf of the respective applicant.

          I understand that the following information in the HRI application will be made available on the LCFS website: Name of the Applicant Entity, Station Name, Station Address, Number of Dispensing Units, HRI Refueling Capacity, and Effective Date Range for HRI Crediting.

          By submitting this application, _____________________________________________ (applicant entity) accepts responsibility for the information herein provided to CARB. I certify under penalty of perjury under the laws of the State of California that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify that the statements and information submitted to CARB are true, accurate, and complete.

          Signature

          Print Name & Title

          Date

      12. (L) CBI must be designated pursuant to the requirements described in section 95488.8(c).
      13. (M) An application and supporting documents must be submitted electronically via the LRT-CBTS unless the Executive Officer has approved or requested in writing another format.

   3. (3) Application Approval Process.

      1. (A) The HRI application must be approved by the Executive Officer before the station owner may generate hydrogen refueling infrastructure credits. If estimated potential HRI credits from all approved stations exceed 2.5 percent of deficits in the most recent quarter for which data is available, the Executive Officer will not approve additional HRI pathways and will not accept additional applications until estimated potential HRI credits are less than 2.5 percent of deficits. HRI applications will be evaluated for approval on a first come, first served basis.

         Estimated potential HRI credits will be calculated using the following equation:

         

         where:

         

         means the estimated potential HRI credits from all approved HRI stations;

         

         means the total HRI credits generated by operational stations in the most recent quarter for which data is available;

         

         means the total HRI capacity of stations that were operational in the most recent quarter for which data is available; and

         

         means the total HRI capacity of all approved stations, both operational and nonoperational.

      2. (B) After receipt of an application designated by the applicant as ready for formal evaluation, the Executive Officer will advise the applicant in writing either that:

         1. 1. The application is complete, or

         2. 2. The application is incomplete, in which case the Executive Officer will identify which requirements of section 95486.2(a)(2) have not been met.

            1. a. The applicant may submit additional information to correct deficiencies identified by the Executive Officer.
            2. b. If the applicant is unable to achieve a complete application in the quarter of the Executive Officer's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing. The applicant may submit a new application for the station.
         3. 3. At any point during the application evaluation process, the Executive Officer may request in writing additional information or clarification from the applicant.
      3. (C) The Executive Officer will not approve an application if the Executive Officer determines, based upon the information submitted in the application and any other available information, that the application does not meet requirements in subsections 95486.2(a)(1) and (a)(2). The Executive Officer may reject an application if satisfactory justification is not provided for station location pursuant to subsection 95486.2(a)(2)(J). If the Executive Officer does not approve the application, the applicant will be notified in writing and the basis for the disapproval shall be identified.
      4. (D) If the Executive Officer determines that the applicant and application have met all requirements for approval pursuant to subsections 95486.2(a)(1) and (a)(2), the Executive Officer will approve the application and provide an approval summary on the LCFS website including the station location and assigned identifier, number of dispensing units, HRI refueling capacity, and effective date range for HRI pathway crediting.
      5. (E) Crediting Period. HRI crediting is limited to 15 years starting with the quarter following Executive Officer approval of the application.

   4. (4) Requirements to Generate HRI Credits. To generate credits using HRI pathways the station must meet the following conditions. The station owner must maintain, and submit to CARB upon request, records demonstrating adherence to these conditions.

      1. (A) The station owner must update the HRI refueling capacity if different from the design HRI refueling capacity provided in the application. Any station design or operational information that deviates from the original application must be declared to the Executive Officer, and a new attestation must be submitted pursuant to section 95486.2(a)(2).
      2. (B) The station must be open to the public, meaning that no obstructions or obstacles exist to preclude vehicle operators from entering the station premises, no access cards or personal identification (PIN) codes are required for the station to dispense fuel, and no formal or registered station training shall be required for individuals to use the hydrogen refueling station.
      3. (C) The station uses a public point of sale terminal that accepts major credit and debit cards.

      4. (D) The station is connected to the Station Operational Status System (SOSS), is listed open for retail, and:

         1. 1. The station passed final inspection by the appropriate authority having jurisdiction and has a permit to operate.
         2. 2. The station owner has fully commissioned the station, and has declared it fit to service retail FCV drivers. This includes the station owner's declaration that the station meets an appropriate SAE fueling protocol.
         3. 3. At least three OEMs have confirmed that the station meets protocol expectations, and their customers can fuel at the station.
         4. 4. All dispensers installed in the hydrogen refueling station have undergone type evaluation according to the California Type Evaluation Program (CTEP) administered by the California Department of Food and Agriculture/Division of Measurement Standards (CDFA/DMS) and have either a Temporary Use Permit or a type approval Certificate of Approval issued by CDFA/DMS.
      5. (E) The FSE registration must be completed pursuant to section 95483.2(b)(8) and the quantity of dispensed hydrogen must be reported as required in section 95491. The FSE must dispense hydrogen in a given quarter to generate HRI credits.

      6. (F) Dispensed hydrogen meets the following CI and renewable content requirements on a company-wide, weighted average basis. The Executive Officer will consider all the stations registered by an entity with a unique FEIN in the LRT-CBTS for calculating the company-wide weighted average CI and renewable content.

         1. 1. CI of 150 gCO₂e/MJ or less before January 1, 2030, and 90 gCO₂e/MJ or less thereafter, and
         2. 2. Renewable content of 40 percent or greater before January 1, 2030, and 80 percent thereafter.
      7. (G) The station must be operational within 24 months of application approval. If the applicant fails to demonstrate the operability within 24 months of approval then the application will be canceled. The applicant can reapply for the same station eligible only for 10 years of crediting.

   5. (5) Calculation of HRI Credits. HRI credits will be calculated using the following equation:

      

      where:

      

      is the average carbon intensity requirement of gasoline (XD = “gasoline”) for a given year as provided in sections 95484(d);

      EER is the dimensionless Energy Economy Ratio for H2/FCV relative to gasoline as listed in Table 5;

      CI_HRI is the carbon intensity used for HRI crediting. Company-wide weighted average CI for dispensed hydrogen during the quarter or 0 g/MJ, whichever is greater;

      E_H2 is the energy density for hydrogen in MJ/kg as listed in Table 4;

      Cap_HRI is the HRI refueling capacity for the station (kg/day);

      UT is the the uptime multiplier which is the percentage of time that the station is available as reported to SOSS during the quarter;

      H2_disp is the quantity of hydrogen dispensed during the quarter (kg);

      N is the number of days during the quarter;

      C is a factor used to convert credits to units of metric tons from gCO₂e and has the value of:

      

   6. (6) Reporting and Recordkeeping Requirements. The following must be reported to the Executive Officer each quarter as set forth in section 95491 before credits will be issued to the LRT account associated with an approved HRI pathway.

      1. (A) Station availability. This is the percentage of hours the station is available for fueling during the quarter relative to the permitted hours of operation for the station, as reported to the SOSS. Any period of time that SOSS reports that a portion of the station capacity is not available will count as a pro-rated amount of station availability, proportional to the percentage of the station capacity that remains available for fueling for this period of time.
      2. (B) Company-wide, weighted average renewable content (percent) for dispensed hydrogen.

      3. (C) Cost and revenue data. Provide an annual account of the following costs borne and revenues received by the station owner up through the most recent reporting quarter per station.

         1. 1. Total capital expenditures ($)
         2. 2. Total delivered cost ($) of hydrogen and average delivered cost ($/kg) for hydrogen
         3. 3. Total maintenance costs ($)
         4. 4. Total land rental cost ($)
         5. 5. Total grant revenue or other external funding received towards capital expenditures ($)
         6. 6. Total grant revenue or other external funding received towards operational and maintenance expenditures ($)
         7. 7. Total revenue ($) received from sale of hydrogen and average retail price ($/kg) for hydrogen sold
         8. 8. Other operational expenditures ($)

2. (b) DC Fast Charging Infrastructure (FCI) Pathways submitted before July 1, 2025.

   1. (1) FCI Pathway Eligibility. An FSE owner or their designee identified in section 95483(c)(2)(B) may submit an application to receive an FCI pathway subject to the following eligibility conditions:

      1. (A) The proposed FSE must be located in California and open to the public for charging.
      2. (B) The FCI pathway application must be received before July 1, 2025.

      3. (C) The following FSE are not eligible for FCI crediting:

         1. 1. Any FSE that is permitted to operate prior to January 1, 2019; or
         2. 2. Any FSE receiving or spending funds pursuant to any settlement related to any California or Federal regulation enforcement; or
         3. 3. Any FSE built as a required mitigation measure pursuant to the California Environmental Quality Act.
      4. (D) Each FSE must have a minimum nameplate power rating of 50 kW.
      5. (E) Each FSE must be networked and capable of monitoring and reporting its availability for charging.

   2. (2) FCI Application Requirements. The applicant must submit an application in the LRT-CBTS containing the following information:

      1. (A) Name and address of the owner of the proposed FSE.

      2. (B) Contact person for the owner entity.

         1. 1. Name
         2. 2. Title or position
         3. 3. Phone number
         4. 4. Mobile phone number
         5. 5. Email address
      3. (C) Name, street address, latitude, longitude and a location description for each proposed FSE site.
      4. (D) The number of FSEs.

      5. (E) The nameplate power rating (kW), connector type(s), and model for each FSE.

         1. 1. The total nameplate power rating for all FSE at a single site claiming FCI credit under this provision cannot exceed 2,500 kW.

      6. (F) The effective simultaneous power rating (kW) for each FSE calculated using the equation below. The effective simultaneous power rating must be at least 50 percent of the nameplate power rating for each FSE.

         

         where:

         

         is the simultaneous power rating (kW) for FSE i;

         

         is the nameplate power rating (kW) for FSE i;

         

         is the maximum total power (kW) that can be delivered to all FSEs at a single site when they are operated simultaneously; and

         n is the number of FSEs at a single site.

      7. (G) The FCI charging capacity for each FSE calculated using the following equation:

         

         where:

         

         is the FCI charging capacity (kWh/day) for the FSE i; and

         

         is the nameplate power rating for the FSE or 350 kW, whichever is less.

      8. (H) Expected date that the FSE will be operational.
      9. (I) Expected daily permitted hours of operation for the site. If the daily permitted hours are less than 24 hours, the applicant must provide documentation from a permitting authority demonstrating that daily permitted hours for the FSE are limited.

      10. (J) A signed attestation letter from the applicant attesting to the veracity of the information in the application packet. The attestation letter must be submitted as an electronic copy, be on company letterhead, be signed by an officer of the applicant with authority to attest to the veracity of the information in the application and to sign on behalf of the applicant, be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel), and include the following attestation:

          I, an authorized representative of _______________ (proposed FSE owner entity), attest to the veracity of the information submitted as part of the DC Fast Charging Infrastructure (FCI) application, attest that the proposed FSE is not receiving funds pursuant to any enforcement settlement related to any California or Federal regulation, and declare that the information submitted accurately represents the anticipated and intended design and operation of the charging infrastructure. Further, I understand and agree to each of the statements in the attached application. I am a duly authorized officer with authority to attest to the veracity of the information in the application and to sign on behalf of the respective applicant.

          I understand that the following information in the FCI application will be made available on the LCFS website: Name of the Applicant Entity, Site Name, Site Address, Number and Type of Charging Units, Nameplate and Effective Simultaneous Power Rating for Each Unit, and Effective Date Range for FCI Crediting.

          By submitting this application, _____________________________________________ (applicant entity) accepts responsibility for the information herein provided to CARB. I certify under penalty of perjury under the laws of the State of California that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify that the statements and information submitted to CARB are true, accurate, and complete.

      11. (K) CBI must be designated pursuant to the requirements described in section 95488.8(c).
      12. (L) An application and supporting documents must be submitted electronically via the LRT-CBTS unless the Executive Officer has approved or requested in writing another format.

   3. (3) Application Approval Process.

      1. (A) The FCI application must be approved by the Executive Officer before the applicant may generate FCI credits.

         1. 1. If estimated potential FCI credits from all approved FSEs exceed 2.5 percent of deficits in the most recent quarter for which data is available, the Executive Officer will not approve additional FCI pathways and will not accept additional applications until FCI credits are less than 2.5 percent of deficits. FCI applications will be evaluated for approval on a first come, first served basis.
         2. 2. If estimated potential FCI credits from an individual applicant's approved FSEs exceed 0.5 percent of deficits in the most recent quarter for which data is available, the Executive Officer will not approve additional FCI pathways from that applicant until FCI credits are less than 0.5 percent of deficits.

      2. (B) Estimated potential FCI credits will be calculated using the following equation:

         

         where:

         

         means the estimated potential FCI credits from all approved FSEs;

         

         means the total FCI credits generated by operational FSEs in the most recent quarter for which data is available;

         

         means the total FCI charging capacity of FSEs that were operational in the most recent quarter for which data is available; and

         

         means the total FCI charging capacity of all approved FSEs, both operational and nonoperational.

      3. (C) The estimated potential FCI credits for an individual applicant will be calculated using the same equation as in subsection (A) above, where:

         

         means the estimated potential FCI credits from the applicant's approved FSEs;

         

         means the total FCI credits generated by the applicant for operational FSEs in the most recent quarter for which data is available;

         

         means the total FCI charging capacity of the applicant's FSEs that were operational in the most recent quarter for which data is available; and

         

         means the total FCI charging capacity of all of the applicant's approved FSEs, both operational and nonoperational.

      4. (D) After receipt of an application designated by the applicant as ready for formal evaluation, the Executive Officer shall advise the applicant in writing either that:

         1. 1. The application is complete, or

         2. 2. The application is incomplete, in which case the Executive Officer will identify which requirements of section 95486.2(b)(2) have not been met.

            1. a. The applicant may submit additional information to correct deficiencies identified by the Executive Officer.
            2. b. If the applicant is unable to achieve a complete application during the quarter of the Executive Officer's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing. The applicant may submit a new application for the station.
         3. 3. At any point during the application evaluation process, the Executive Officer may request in writing additional information or clarification from the applicant.
      5. (E) The Executive Officer shall not approve an application if the Executive Officer determines, based upon the information submitted in the application and any other available information, that the application does not meet requirements in subsections 95486.2(b)(1) and (b)(2). If the Executive Officer does not approve the application, the applicant will be notified in writing and the basis for the disapproval shall be identified.
      6. (F) If the Executive Officer determines the application has met all requirements for approval pursuant to subsections 95486.2(b)(1) and (b)(2), the Executive Officer will approve the application and provide an approval summary on the LCFS website including the site location and FSE ID, number and type of FSE, nameplate and effective simultaneous power rating for each FSE, and effective date range for FCI pathway crediting.
      7. (G) Crediting Period. FCI crediting is limited to 5 years starting with the quarter following Executive Officer approval of the application.

   4. (4) Requirements to Generate FCI Credits. To generate credits using FCI pathways the following conditions must be met. The applicant must maintain, and submit to CARB upon request, records demonstrating adherence to these conditions.

      1. (A) The applicant must update the nameplate and effective simultaneous power rating of FSE if different from the power rating provided in the application. Any FSE design or operational information that deviates from the original application must be declared to the Executive Officer, and a new attestation must be submitted using the language in section 95486.2(b)(2).
      2. (B) The FSE must be open to the public, meaning that no obstructions or obstacles exist to preclude vehicle operators from entering the FSE premises, no access cards or personal identification (PIN) codes are required for the FSE to dispense fuel, and no formal or registered equipment training shall be required for individuals to use the FSE.
      3. (C) The FSE that charges a fee for service must be capable of supporting a public point-of-sale method that accepts all major credit or debit cards.
      4. (D) The FSE passed final inspection by the appropriate authority having jurisdiction and has a permit to operate.
      5. (E) The FSE owner has fully commissioned the FSE, and has declared it fit to service retail EV drivers.
      6. (F) The FSE registration must be completed pursuant to section 95483.2(b)(8) and the quantity of dispensed electricity must be reported as required in section 95491. The FSE must dispense electricity in a given quarter to generate FCI credits.
      7. (G) The FSE must be operational within 12 months of application approval. If the applicant fails to demonstrate the operability within 12 months of approval then the application will be canceled. The applicant can reapply for the same FSE site eligible only for 2 years of crediting.

      8. (H) The estimated cumulative value of FCI credits generated for the FSE in the prior quarter must be less than the difference between the total capital expenditure reported pursuant to section 95486.2(b)(6)(B)1 and the total grant revenue or other funding reported pursuant to section 95486.2(b)(6)(B)5 in the prior quarter.

         1. 1. The estimated value of FCI credits, for the purpose of this determination, shall be calculated using the number of FCI credits generated for the FSE in the quarter and the average LCFS credit price for that quarter published on the LCFS website.
         2. 2. The cumulative credit value generated for each FSE will be tracked as the sum of all quarterly credit values in constant-dollar for the year in which the FCI application was approved using an annual discount rate of 10%.
         3. 3. The estimated value calculated under this provision will be made available only to the respective reporting entity in LRT-CBTS and will not be published on the LCFS website.
         4. 4. This will not affect the reporting entity's ability to generate non-FCI LCFS credits for the electricity dispensed at the FSE.

   5. (5) Calculation of FCI Credits. FCI credits will be calculated using the following equation for each FSE approved under this provision:

      

      where:

      

      is the average carbon intensity requirement of gasoline (XD = “gasoline”) for a given year as provided in section 95484(d);

      EER is the dimensionless Energy Economy Ratio for Electricity/BEV or PHEV relative to gasoline as listed in Table 5;

      CI_FCI is the California average grid electricity carbon intensity as listed in Table 7-1;

      C_Elec is the conversion factor for electricity as listed in Table 4;

      

      is the FCI charging capacity (kWh/day) for the FSE;

      N is the number of days during the quarter;

      UT is the uptime multiplier which is the fraction of time that the FSE is available for charging during the quarter;

      Elec_disp is the quantity of electricity dispensed during the quarter (kWh);

      C is a factor used to convert credits to units of metric tons from gCO₂e and has the value of:

      

   6. (6) Reporting and Recordkeeping Requirements. The following must be reported to the Executive Officer each quarter as set forth in section 95491 before credits will be issued to the LRT account associated with an approved FCI pathway.

      1. (A) FSE availability. This is the percentage of hours the FSE is available for charging during the quarter relative to the permitted hours of operation for the site.

      2. (B) Cost and revenue data. Provide an annual account of the following costs borne and revenues received by the FSE owner up through the most recent reporting quarter per site.

         1. 1. Total capital expenditures ($)
         2. 2. Total delivered cost ($) of electricity, including demand charges, and average delivered cost ($/kWh) for electricity
         3. 3. Total maintenance costs ($)
         4. 4. Total land rental cost ($)
         5. 5. Total grant revenue or other external funding received towards capital expenditures ($)
         6. 6. Total grant revenue or other external funding received towards operational and maintenance expenditures ($)
         7. 7. Total revenue ($) received from sale of electricity and average retail price ($/kWh) for electricity sold
         8. 8. Other operational expenditures ($)

Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38562.2, 38571, 38580, 39600, 39601, 41510, 41511 and 43018, Health and Safety Code. Reference: Sections 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516, 41510, 41511 and 43000, Health and Safety Code; Section 25000.5, Public Resources 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).

History

1. New section filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).

2. Amendment of section and Note filed 6-27-2025; operative 7-1-2025 (Register 2025, No. 26).