1. (a) Any person may apply to the Executive Officer for fuel pathway carbon intensity certification for the purpose of credit or deficit generation.

2. (b) Joint Applicants. Multiple entities may contribute site-specific data to a single pathway application. In these cases, the parties involved may either designate a single entity as the pathway applicant, or designate multiple entities as joint applicants on a single pathway. Applying as joint applicants allows each entity to maintain control of confidential data for the portions of the pathway they submit.

   1. (1) Each joint applicant is subject to all requirements for pathway application, attestations, validation and verification, recordkeeping, pursuant to this subarticle, for the portion of the pathway they control.
   2. (2) A single entity designated to submit data on behalf of multiple entities within a pathway does not relieve any other entity in the pathway from responsibility for ensuring that the data submitted on its behalf is accurate.

3. (c) Transition to CA-GREET4.0.

   1. (1) Existing certified pathways. Fuel pathway holders must use the CA-GREET4.0 model or associated Tier 1 CI Calculators for 2025 Annual Fuel Pathway Reports. Upon receiving a positive or qualified positive verification statement for each 2025 Annual Fuel Pathway Report, the Executive Officer will update and adjust the CIs for each previously certified pathway to be the verified operational CI with an added conservative margin of safety, if requested by the pathway holder. The adjusted CIs will be effective and available for reporting for fuel transactions occurring on and after January 1, 2027.

      1. (A) Existing Lookup Table Pathways. Fuel reporting entities using Lookup Table pathways that do not require an application pursuant to section 95488.1(b)(1) will be automatically updated in the LRT-CBTS to the values in Table 7-1 on the effective date of this subarticle.
   2. (2) New Pathway Applications. Fuel pathway applications submitted after July 1, 2025, must use the CA-GREET4.0 or associated Tier 1 CI Calculators.

4. (d) Beginning January 1, 2031, the Executive Officer shall not accept new fuel pathway applications for biomass-based diesel, if the number of unique Class 3-8 ZEVs reported or registered in California exceeds 132,000 ZEVs or NZEVs on December 31, 2029. The Executive Officer shall provide a notification on the LCFS website by August 31, 2030, if this condition has been met. The Executive Officer will determine whether the condition has been met based on the following evaluation:

   1. (1) The number of unique Class 3-8 ZEVs and near-zero-emission vehicles (NZEVs), as specified in title 13, CCR, section 1963, reported or registered:

      1. (A) In CARB's Truck Regulation Upload, Compliance, and Reporting System (TRUCRS);
      2. (B) Pursuant to the California requirements of the Advanced Clean Trucks regulation, as specified in title 13, CCR, section 1963; and
      3. (C) With the California Department of Motor Vehicles.

Note: Authority cited: Sections 38510, 38560, 38560.5, 38562.2, 38571, 38580, 39600, 39601 and 43018, Health and Safety Code. 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; 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 11-26-2012; operative 11-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 48).

2. Editorial correction of subsection (a)(5)(B) (Register 2012, No. 49).

3. Repealer and new section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).

4. 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).

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