Cal. Code Regs. tit. 17, § 95488.9 – Special Circumstances for Fuel Pathway Applications.

(a) Substantiality Requirements.
1. (1) The substantiality requirement applies in the scenario listed below. The substantiality requirement does not apply when re-applying for a Provisional pathway with a new operational data period due to a process change, or pathways that qualify for Tier 2 due to the use of low-CI process energy sources, or use of carbon capture, as described in section 95488.9(c), or when replacing a certified CI after annual verification using the process described in section 95488.10(a)(6).
  1. (A) Application(s) for multiple fuel pathways for the same feedstock-fuel combination. When a fuel pathway applicant applies for two or more pathways that are not differentiated by a process change, or applies again for the same feedstock-fuel combination at a single fuel production facility, the Executive Officer will consider separate pathways or an updated certification for a previously certified pathway only when the CI of one or more of the proposed pathways meet the substantiality requirement relative to the CI of the reference pathway. The “reference” pathway CI is the composite CI that results when the fuel is modeled using a single pathway that represents the average production of all quantities of the feedstock-fuel combination produced in the operational data period. In the case of an application for a previously certified pathway, the “reference” pathway CI is the verified CI from the most recent annual verification. For the purpose of CI comparison to the reference CI, the applicant must enter the operational data using the same calculator which was used for the most recent annual verification.
2. (2) The applicant seeking to apply under the scenario described in subsection (1), above, must demonstrate, to the Executive Officer's satisfaction, that the proposed pathway meets the following requirements:
  1. (A) The source-to-tank carbon intensity of the fuel under the proposed pathway meets one of the following two criteria. “Source-to-tank” means all the steps involved in feedstock production and transport, finished fuel production and transport. A source-to-tank CI does not include the carbon intensity associated with the use of the fuel in a vehicle and does not include the LUC modifier.
    1. 1. For proposed pathway applications with source-to-tank carbon intensities greater than 20 gCO₂e/MJ (absolute value), that source-to-tank carbon intensity must be at least 5 percent lower than the source-to-tank carbon intensity of the reference pathway; or
    2. 2. For proposed pathway applications with source-to-tank carbon intensities of 20 gCO₂e/MJ (absolute value) or less, that source-to-tank carbon intensity must be at least 1 gCO₂e/MJ less than the source-to-tank carbon intensity of the reference pathway.
(b) Temporary Fuel Pathways.
1. (1) Fuel reporting entities may petition the Executive Officer to use a Temporary fuel pathway carbon intensity value for reporting quantities of fuel to generate credits or deficits.
2. (2) A Temporary pathway petition approved by the Executive Officer will allow the fuel reporting entity to use the pathway for LRT-CBTS reporting purposes for up to two quarters at a time. Reporting will be granted only for the quarter during which the Temporary pathway is approved for use and the subsequent full quarter. The Executive Officer may approve multiple subsequent petitions from the same fuel reporting entity, of up to two quarters each, but each approval will require a new petition.
3. (3) A petition to use a Temporary pathway must be submitted online in the AFP.
4. (4) New Temporary Fuel Pathways. An entity can apply for the use of a Temporary fuel pathway CI value if it appears in Table 8 in this subarticle or if the Executive Officer approves a new Temporary pathway (for a fuel or feedstock-fuel combination not found in Table 8) and publishes it on the LCFS website. Any new Temporary pathway proposed by the Executive Officer will be posted for 45 days for public comment prior to certification. The posted information will include the rationale for assigning the CI to that particular Temporary pathway. If these comments require significant revision of the originally published pathway, a revised pathway will be posted for public comment. Upon certification of a new Temporary pathway created by the Executive Officer, the pathway will be available for reporting for the quarter in which it is certified.
  Table 8. Temporary Pathways for Fuels with Indeterminate CIs
  Fuel
  Feedstock
  Process Energy
  CI (gCO₂e/MJ)
  Ethanol
  Corn
  Grid electricity/solar and wind electricity and natural gas
  90
  Ethanol
  Grain Sorghum
  Grid electricity/solar and wind electricity and natural gas
  95
  Ethanol
  Any Sugar Feedstock
  Bagasse and straw only; no grid electricity
  60
  Ethanol
  Grain fiber and bagasse
  Grid electricity/solar and wind electricity and natural gas
  50
  Biomass-based Diesel (HEFA fuels and Biodiesel)
  Fats/Oils/Grease Residues
  Grid electricity/solar and wind electricity and natural gas
  50
  Biomass-based Diesel (HEFA fuels and Biodiesel)
  Any feedstock derived from plant oils (excluding palm oil and palm derivatives, as a sole feedstock or blended with other feedstocks, and distiller's corn oil)
  Grid electricity/solar and wind electricity and natural gas
  70
  Biomass-based Diesel (HEFA fuels and Biodiesel)
  Distiller's Corn Oil
  Grid electricity/solar and wind electricity and natural gas
  60
  Biomass-based Diesel (HEFA fuels and Biodiesel)
  Any other feedstock
  Grid electricity/solar and wind electricity and natural gas
  Baseline (2010) CI value for ULSD
  Renewable Propane
  Fats/Oils/Grease Residues
  Grid electricity/solar and wind electricity and natural gas
  50
  Renewable Propane
  Any feedstock derived from plant oils (excluding palm oil and palm derivatives, as a sole feedstock or blended with other feedstocks, and distiller's corn oil)
  Grid electricity/solar and wind electricity and natural gas
  70
  Renewable Propane
  Distiller's Corn Oil
  Grid electricity/solar and wind electricity and natural gas
  60
  Renewable Propane
  Any other feedstock
  Grid electricity/solar and wind electricity and natural gas
  Baseline (2010) CI value for USLD
  Renewable Naphtha and Renewable Gasoline Blendstock
  Fats/Oils/Grease Residues
  Grid electricity/solar and wind electricity and natural gas
  50
  Renewable Naphtha and Renewable Gasoline Blendstock
  Any feedstock derived from plant oils (excluding palm oil and palm derivatives, as a sole feedstock or blended with other feedstocks, and distiller's corn oil)
  Grid electricity/solar and wind electricity and natural gas
  70
  Renewable Naphtha and Renewable Gasoline Blendstock
  Distiller's Corn Oil
  Grid electricity/solar and wind electricity and natural gas
  60
  Renewable Naphtha and Renewable Gasoline Blendstock
  Any other feedstock
  Grid electricity/solar and wind electricity and natural gas
  Baseline (2010) CI value for CaRFG
  Alternative Jet Fuel
  Fats/Oils/Grease Residues
  Grid electricity/solar and wind electricity and natural gas
  55
  Alternative Jet Fuel
  Any feedstock derived from plant oils (excluding palm oil and palm derivatives, as a sole feedstock or blended with other feedstocks, and distiller's corn oil)
  Grid electricity/solar and wind electricity and natural gas
  75
  Alternative Jet Fuel
  Distiller's Corn Oil
  Grid electricity/solar and wind electricity and natural gas
  65
  Alternative Jet Fuel
  Any other feedstock
  Grid electricity/solar and wind electricity and natural gas
  Baseline (2010) CI value for Fossil Jet Fuel
  Fossil LNG
  Petroleum Natural Gas
  N/A
  95
  Fossil L-CNG
  Petroleum Natural Gas
  N/A
  100
  Biomethane CNG
  Landfill gas or Municipal Wastewater Sludge
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  65
  Biomethane LNG
  Landfill gas or Municipal Wastewater Sludge
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  80
  Biomethane L-CNG
  Landfill gas or Municipal Wastewater Sludge
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  85
  Biomethane CNG
  Food Scraps, Urban Landscaping Waste, or Other Organic Waste
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  45
  Biomethane LNG
  Food Scraps, Urban Landscaping Waste, or Other Organic Waste
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  60
  Biomethane L-CNG
  Food Scraps, Urban Landscaping Waste, or Other Organic Waste
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  65
  Biomethane CNG, LNG or L-CNG
  Dairy Manure and Swine Manure
  Grid electricity/solar and wind electricity, natural gas, and/or parasitic load
  -150
  Hydrogen (compressed or liquefied)
  Natural gas
  Grid electricity/solar and wind electricity, and natural gas with gaseous hydrogen transport distance of less than 500 miles or liquid hydrogen transport distance of less than 2,000 miles
  195
  Hydrogen (compressed or liquefied)
  Biomethane from Dairy and Swine Manure Source
  Grid electricity/solar and wind electricity and natural gas with gaseous hydrogen transport distance of less than 500 miles or liquid hydrogen transport distance of less than 2,000 miles
  -40
  Hydrogen (compressed or liquefied)
  Biomethane from Non-Dairy and Swine Manure Source
  Grid electricity/solar and wind electricity and natural gas with gaseous hydrogen transport distance of less than 500 miles or liquid hydrogen transport distance of less than 2,000 miles
  175
  Hydrogen (compressed or liquefied)
  Electrolysis of Water using Zero-CI or Negative-CI Electricity
  Gaseous hydrogen transport distance of less than 500 miles or liquid hydrogen transport distance of less than 2,000 miles
  55
  Low-CI electricity produced by fuel cell
  Biomethane from Dairy and Swine Manure Source
  N/A
  -300
  Any gasoline substitute feedstock-fuel combination not identified above
  Any
  Any
  Baseline (2010) CI value for CaRFG
  Any diesel substitute feedstock-fuel combination not identified above
  Any
  Any
  Baseline (2010) CI value for ULSD
(c) Provisional Pathways. As set forth in sections 95488.6(a) and 95488.7(a), LCFS fuel pathways are generally developed based on 24 months of operational data. The Executive Officer may consider Provisional pathway applications from 1) facilities that have been in operation for less than 24 months, or 2) existing facilities that can demonstrate a process change has been implemented, based on at least three months of operational data. Based on timely reports, the fuel reporting entity may generate credits or deficits using a provisionally-certified CI.
1. (1) Application process. Application requirements are the same as those for the applicable pathway classification, specified in sections 95488.6 and 95488.7 including validation of the data submitted in support of the provisional pathway application.
2. (2) Verification schedule. The certified pathway is subject to periodic verification as described in section 95500(b)(2) as applicable for the fuel pathway classification.
3. (3) Removal of provisional status. Positive or qualified positive verification statements covering at least 24 months of operational data will result in the removal of the provisional status for the certified pathway.
(d) Substitute Pathways for Reporting Exports and Other Transaction Types. If a fuel reporting entity is unable to determine the pathway for reporting a fuel transaction type listed in subsection (1) below, a Substitute pathway corresponding to the fuel type must be used for reporting. Substitute pathways have CI values based on weighted average CIs of that fuel in the prior year, and are provided on the LCFS website.
1. (1) The Substitute pathways are only available in the LRT-CBTS for reporting the following transaction types:
  1. (A) Sold without obligation
  2. (B) Purchased without obligation
  3. (C) Export
  4. (D) Loss of inventory
  5. (E) Not used for transportation
2. (2) When using a Substitute pathway, the fuel reporting entity must use default Company ID and Facility ID values for reporting in the LRT-CBTS. These default values are provided on the LCFS website.
(e) Design-based Pathways. As set forth in sections 95488.6(a) and 95488.7(a), LCFS fuel pathways are generally developed based on 24 months of operational data. However, in order to encourage the development of innovative fuel technologies, an applicant may submit a Design-based pathway application in the AFP for a fully engineered and designed facility with no operational data.
1. (1) Applications for Design-based pathways must include a detailed life cycle analysis of the anticipated pathway performed using the CA-GREET4.0 model, and an LCA report as described in 95488.7(a)(2) detailing facility plans and specifications expected during commercial operation.
2. (2) The Executive Officer may, fully at his or her discretion, choose to conduct a detailed evaluation of the submitted information and evaluate whether the applicant provided a sufficient level of detail to warrant confidence in energy consumption and other key CI performance metrics. If the Executive Officer chooses to undertake such a review, and the Executive Officer agrees that the pathway warrants publication on the LCFS website, a Design-based pathway summary will be posted for public comment as detailed in section 95488.7(d)(5) for Tier 2 pathways. Executive Officer approval of Design-based pathways will generally be contingent upon meeting the requirements detailed in section 95488.7, exclusive of the requirement to obtain a validation statement.
3. (3) Ineligibility for credit generation. Design-based pathways are not eligible to report fuel volumes to the LRT-CBTS or generate credits. After a pathway has been in production for at least three months, in order to be eligible to report and generate credits, the applicant must complete a Provisional pathway application per section 95488.9(c).
(f) Carbon Intensities that Reflect Avoided Methane Emissions from Dairy and Swine Manure or Organic Waste Diverted from Landfill Disposal.
1. (1) A fuel pathway that utilizes biomethane from dairy cattle or swine manure digestion may be certified with a CI that reflects the reduction of greenhouse gas emissions achieved by the voluntary capture of methane, provided that:
  1. (A) A biogas control system, or digester, is used to capture biomethane from manure management on dairy cattle and swine farms that would otherwise be vented to the atmosphere as a result of livestock operations from those farms.
  2. (B) The baseline quantity of avoided methane reflected in the CI calculation is additional to any legal requirement for the capture and destruction of biomethane.
2. (2) A fuel pathway that utilizes an organic material may be certified with a CI that reflects the reduction of greenhouse gas emissions achieved by the voluntary diversion from decomposition in a landfill and the associated fugitive methane emissions, provided that:
  1. (A) The organic material that is used as a feedstock would otherwise have been disposed of by landfilling, and the diversion is additional to any legal requirement for the diversion of organics from landfill disposal.
  2. (B) Any degradable carbon that is not converted to fuel is subsequently treated in an aerobic system or otherwise is prevented from release as fugitive methane. Upon request, the applicant must demonstrate that emissions are not significant beyond the system boundary of the fuel pathway.
  3. (C) The baseline quantity of avoided methane reflected in the CI calculation is additional to any legal requirement for the avoidance or capture and destruction of biomethane.
3. (3) Carbon intensities that reflect avoided methane emissions from dairy and swine manure or organic waste projects are subject to the following requirements for credit generation:
  1. (A) Crediting Periods. Avoided methane crediting for dairy and swine manure pathways as described in (f)(1) above, and for landfill-diversion pathways as described in (f)(2) above, certified before July 1, 2025, is limited to three consecutive 10-year crediting periods, counting from the quarter following Executive Officer approval of the application. Avoided methane crediting for dairy and swine manure pathways as described in subsection (f)(1) above, and for landfill -diversion pathways as described in subsection (f)(2) above, certified on or after July 1, 2025, and before January 1, 2030, is limited to two consecutive 10-year crediting periods, counting from the quarter following Executive Officer approval of the application. The pathway holder must formally request each subsequent crediting period for the project through the AFP. Upon receiving the request through the AFP, the Executive Officer shall renew crediting periods for fuel pathways that were certified before July 1, 2025, and otherwise continue to meet applicable eligibility requirements, for up to three consecutive 10-year crediting periods; and for fuel pathways representing projects that have broken ground on or after July 1, 2025, and before January 1, 2030, for up to two consecutive 10-year crediting periods. For pathways for bio-CNG, bio-LNG, and bio-L-CNG used in CNG vehicles associated with projects that break ground after December 31, 2029, the Executive Officer shall only approve avoided methane crediting through December 31, 2040. For pathways for biomethane used to produce hydrogen or electricity that break ground after December 31, 2029, the Executive Officer shall only approve avoided methane crediting through December 31, 2045.
  2. (B) Notwithstanding (A) above, for pathways associated with projects that break ground after December 31, 2029, in the event that any law, regulation, or legally binding mandate requiring either greenhouse gas emission reductions from manure methane emissions from livestock and dairy projects or diversion of organic material from landfill disposal, comes into effect in California during a project's crediting period, then the project is only eligible to continue to receive LCFS credits for those greenhouse gas emission reductions for the remainder of the project's current crediting period. The project may not request any subsequent crediting periods.
  3. (C) Notwithstanding (A) above, projects that have generated CARB Compliance Offset Credits under the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800) may apply to receive credits under the LCFS. However, the LCFS crediting period for such projects is aligned with the crediting period for Compliance Offset Credits, and does not reset when the project is certified under the LCFS.
(g) Sustainability Requirements for Biomass.
1. (1) With the exception of specified source feedstocks listed in section 95488.8(g)(1)(A), biomass used in fuel pathways must either:
  1. (A) Maintain continuous third-party sustainability certification under an Executive Officer approved certification system. All biomass from the point of origin to the first gathering point must be certified according to the phase-in implementation timeline outlined in subsections 95488.9(g)(5) through (7), or;
  2. (B) Be forest-derived biomass sourced from forest land that meets General Eligibility Requirements identified in Section 3.1(a) of CARB's Compliance Offset Protocol U.S. Forest Projects (June 25, 2015), which is hereby incorporated by reference, with the exception of section 3.1(a)(5). The pathway holder or applicant must annually submit, beginning with the 2026 data year reported in the 2026 Annual Fuel Pathway Report, which is submitted in 2027, the following attestation for all forest-derived biomass utilized and submit to CARB geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) that are managed to produce the forest-derived biomass with the fuel pathway application. Coordinates can be reported using either the latitude and longitude or the Universal Transverse Mercator coordinate systems.
    1. 1. Attestation Letter Requirements for Fuel Pathways Utilizing Forest-Derived Biomass. Fuel pathway holders and fuel pathway applicants utilizing forest derived biomass must maintain an attestation letter. The attestation letter must attest to the veracity of the information supplied. The attestation letter must:
      1. a. Be maintained by the fuel pathway holder and submitted upon request by a CARB accredited verifier or verification body or the Executive Officer;
      2. b. Be on company letterhead;
      3. c. Be signed by an officer of the fuel pathway holder or fuel pathway applicant with the legal authority to attest to the veracity of the information in the application and to sign on behalf of the fuel pathway holder or fuel pathway applicant;
      4. d. Be from the fuel pathway holder or fuel pathway applicant and not from an entity representing the applicant (such as a consultant or legal counsel); and
      5. e. Include the following attestation:
        I certify that all forest-derived biomass used to produce __________ (fuel and/or process energy) at the __________ facility is sourced from land that was cleared or cultivated prior to January 1, 2008, actively managed since January 1, 2008, and meets the General Eligibility Requirements identified in Section 3.1(a) of CARB's Compliance Offset Protocol U.S. Forest Projects (June 25, 2015) with the exception of section 3.1(a)(5), and that all forest-derived biomass was cultivated and harvested in accordance with all local, State, and federal rules and permits. I further certify that geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) accurately represent the source of forest-derived biomass used under this fuel pathway.
        By submitting this form, ________________________________________ (Fuel Pathway Holder or Applicant) 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
2. (2) With the exception of specified source feedstocks listed in section 95488.8(g)(1)(A), biomass used in fuel pathways must only be sourced on land that was cleared or cultivated prior to January 1, 2008, and actively managed or fallow since January 1, 2008. Biomass must be cultivated and harvested in accordance with all local, State, and federal rules and permits.
3. (3) With the exception of specified source feedstocks listed in section 95488.8(g)(1)(A), biomass must be produced according to best environmental management practices that reduce GHG emissions or increase GHG sequestration, including but not limited to:
  1. (A) Maintain or enhance biodiversity habitat on agricultural or forested lands;
  2. (B) Enhance soil fertility and avoid erosion or compaction;
  3. (C) Apply fertilizers in a manner that minimizes runoff, and soil and water contamination;
  4. (D) Reduce unsustainable water use, and minimize diffuse and localized pollution from chemical residues, fertilizers, soil erosion, or other sources of ground and surface water contamination.
4. (4) If the biomass does not meet the requirements of subsections 95488.9(g)(1) through (3), the finished fuel developed from the ineligible biomass must be assigned the CARBOB carbon intensity for ethanol produced using uncertified biomass, or the ULSD carbon intensity for all other fuels produced using uncertified biomass. Carbon intensities for CARBOB and ULSD are found in Table 7-1. Biomass encompasses all crop-based and forestry-based materials used as feedstocks for finished fuel and/or process energy.
5. (5) Fuel Pathways 2026 Requirements.
  1. (A) Existing certified pathways. Beginning with the 2026 data year reported in the 2026 Annual Fuel Pathway Report, which is submitted in 2027, holders of pathways utilizing biomass under section 95488.9(g)(1) must maintain attestations pursuant to section 95488.9(g)(5)(C) and submit to CARB geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) that are managed to produce the biomass with the annual fuel pathway report and subsequent reporting years. Coordinates can be submitted using either the latitude and longitude or the Universal Transverse Mercator coordinate systems.
  2. (B) New Pathway Applications. Beginning July 1, 2025, new fuel pathway applications, including temporary fuel pathway applications, utilizing biomass under section 95488.9(g)(1) must maintain attestations pursuant to section 95488.9(g)(5)(C) and submit to CARB geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) that are managed to produce the biomass with the fuel pathway application. Coordinates can be reported using either the latitude and longitude or the Universal Transverse Mercator coordinate systems.
  3. (C) Attestation Letter Requirements for Fuel Pathways Utilizing Biomass under Section 95488.9(g)(1)(A). Fuel pathway holders and fuel pathway applicants utilizing biomass under section 95488.9(g)(1)(A) must maintain an attestation letter. The attestation letter must attest to the veracity of the information supplied and declare that the reported information accurately represents the geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) that are managed to produce the biomass. The attestation letter must:
    1. 1. Be maintained by the fuel pathway holder and fuel pathway applicant and submitted upon request by a CARB accredited verifier or verification body or the Executive Officer;
    2. 2. Be on company letterhead;
    3. 3. Be signed by an officer of the fuel pathway holder or fuel pathway applicant with the legal authority to attest to the veracity of the information in the application and to sign on behalf of the fuel pathway holder or fuel pathway applicant;
    4. 4. Be from the fuel pathway holder or fuel pathway applicant and not from an entity representing the applicant (such as a consultant or legal counsel); and
    5. 5. Include the following attestation:
      I certify that the biomass used to produce __________ (fuel and/or process energy) at the __________ facility is sourced from land that was cleared or cultivated prior to January 1, 2008, and actively managed or fallow since January 1, 2008. Biomass was cultivated and harvested in accordance with all local, State, and federal rules and permits. I further certify that geographical shapefiles or coordinates of plot boundaries (farm, plantation or forest) accurately represent the source of biomass used under this fuel pathway.
      By submitting this form, __________________________________________________ (Fuel Pathway Holder or Fuel Pathway Applicant) 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
6. (6) Fuel Pathways 2028 Requirements.
  1. (A) Existing certified pathways. Beginning with the 2028 data year reported in the 2028. Annual Fuel Pathway Report, which is submitted in 2029, pathway holders of pathways utilizing biomass under section 95488.9(g)(1)(A) must at least meet the sustainability requirements for biomass under section 95488.9(g)(2) and maintain continuous third-party sustainability certification under an Executive Officer approved certification system.
    1. 1. The chain-of-custody evidence for sustainable biomass must meet requirements of subsections 95488.8(g)(1)(B)1. through 3;
    2. 2. Certificates identifying the exact volume, mass, or other measurement of biomass must accompany the sustainable biomass from Feedstock First Gathering Point to the fuel producer.
  2. (B) New Fuel Pathway Applications. Beginning January 1, 2028, new fuel pathway applications utilizing biomass under section 95488.9(g)(1)(A) must at least meet the sustainability requirements for biomass under section 95488.9(g)(2) and maintain continuous third-party sustainability certification under an Executive Officer approved certification system.
    1. 1. The chain-of-custody evidence for sustainable biomass must meet requirements of subsections 95488.8(g)(1)(B)1. through 3.;
    2. 2. Certificates identifying the exact volume, mass, or other measurement of biomass must accompany the sustainable biomass from Feedstock First Gathering Point to the fuel producer.
  3. (C) Approved Certification Systems:
    1. 1. The Executive Officer will approve certification systems that have been recognized by the European Commission for the European Union Renewable Energy Directive (EU RED) 2018/2001 as of December 31, 2025. Approved certification systems will be subject to the reapproval requirements of section 95488.9(g)(8)(G); or
    2. 2. The Executive Officer will review and shall approve certification systems meeting the relevant criteria under section 95488.9(g)(8).
    3. 3. The approved certification system must, at minimum, certify that biomass meets the requirements under section 95488.9(g)(2). Approved certification systems may include provisions under section 95488.9(g)(3).
  4. (D) For pathways utilizing biomass under section 95488.9(g)(1)(A), the requirements of this section 95488.9(g)(6) will be superseded when the requirements of section 95488.9(g)(7) come into effect.
7. (7) Fuel Pathways 2031 Requirements.
  1. (A) Existing certified pathways. Beginning with the 2031 data year reported in the 2031 Annual Fuel Pathway Report, which is submitted in 2032, pathway holders of pathways utilizing biomass under section 95488.9(g)(1)(A) must meet the full sustainability requirements for biomass under section 95488.9(g)(2) and (3) and maintain continuous third-party sustainability certification under an Executive Officer approved certification system.
    1. 1. The chain-of-custody evidence for sustainable biomass must meet requirements of subsections 95488.8(g)(1)(B)1. through 3.;
    2. 2. Certificates identifying the exact volume, mass, or other measurement of biomass must accompany the sustainable biomass from Feedstock First Gathering Point to the fuel producer.
  2. (B) New Fuel Pathway Applications. Beginning January 1, 2031, new fuel pathway applications utilizing biomass under section 95488.9(g)(1)(A) must meet the full sustainability requirements for biomass under sections 95488.9(g)(2) and (3) and maintain continuous third-party sustainability certification under an Executive Officer approved certification system.
    1. 1. The chain-of-custody evidence for sustainable biomass must meet requirements of subsections 95488.8(g)(1)(B)1. through 3.;
    2. 2. Certificates identifying the exact volume, mass, or other measurement of biomass must accompany the sustainable biomass from Feedstock First Gathering Point to the fuel producer.
  3. (C) Approved Certification Systems:
    1. 1. The Executive Officer will review and shall approve certification systems meeting the criteria under section 95488.9(g)(8).
    2. 2. All Executive Officer approved certification systems must include the criteria under sections 95488.9(g)2. through 3.
8. (8) Executive Officer Approved Certification System Requirements
  1. (A) The Executive Officer will review and shall approve certification systems meeting the following criteria:
    1. 1. The certification system has been recognized by an international, national, or state/provincial government for at least 24 months;
    2. 2. The certification system must consider environmental, social, and economic criteria;
    3. 3. The certification system must be consistent with consensus-based international standards and codes for assuring conformance and certification;
    4. 4. The certification system standard-setting process is participatory and consensus-driven:
      1. a. Convening representative groups of economic, environmental, and social stakeholders in both formal and informal manners; and
      2. b. Creating a representative steering committee, technical working group(s), and advisory group(s);
    5. 5. The certification system must have clear, accessible, and transparent processes;
    6. 6. The certification system must publish procedures, guidance, certificates, and audit report summaries on its website;
    7. 7. The certification system must be science-based, provide clear targets to reach, and support demonstrable means of evaluation;
    8. 8. The certification system must demonstrate that requirements that are additional to the requirements of this subarticle are vetted via a multi-stakeholder process to mitigate potential stakeholder bias;
    9. 9. The certification system must maintain an effective auditor training program to ensure auditor competency;
    10. 10. The certification system must maintain an effective oversight program over the participating auditing bodies and auditors to assure consistency and quality of certifications;
      1. a. The certification system must maintain conflict of interest policies and impartiality provisions to eliminate high potential for conflict of interest;
      2. b. The certification system must require auditing bodies to maintain professional liability insurance;
      3. c. The certification system must require auditing bodies to demonstrate that their procedures are consistent with the following international certification systems, which are herein incorporated by reference: ISO 14065: General principles and requirements for bodies validating and verifying environmental information (December 2020), and ISO/IEC 17065: Conformity assessment -- Requirements for bodies certifying products, processes and services (September 15, 2012), which are hereby incorporated by reference;
      4. d. The certification system must require that auditing bodies must assume full responsibility for services performed by subcontractor auditors, and further subcontracting is not allowed;
    11. 11. The certification system must include an effective grievance mechanism to ensure that problems are resolved;
    12. 12. The certification system must include sanction mechanisms for participating biomass suppliers and auditing bodies to ensure conformance with its system requirements; and
    13. 13. The certification system must have oversight mechanisms to ensure knowledgeable and rigorous compliance of audit providers.
  2. (B) Certification systems must be approved by the Executive Officer prior to the reporting deadline for the Annual Fuel Pathway Report the biomass is being reported under.
  3. (C) To apply for Executive Officer approval, the applicant must submit the following information to the Executive Officer:
    1. 1. General information on the certification system, including:
      1. a. The name, address, telephone number, and e-mail address of the certification system;
      2. b. A description of all services the certification system performs or intends to perform; and
      3. c. A list of auditing bodies that are currently approved by the certification system.
    2. 2. A demonstration that the certification system has met the selection criteria specified in section 95488.9(g)(8)(A), including a demonstration that the listed auditing bodies have met the requirements in section 95488.9(g)(8)(A)(10).
  4. (D) Certification system documents must be submitted to the Executive Officer for approval at least 90 days prior to the reporting deadline.
    1. 1. The submittal must include all documentation necessary for the Executive Officer to determine that the criteria in section 95488.9(g)(8)(A) above have been met.
    2. 2. The certification system documents may be submitted for Executive Officer review by a representative of the certification system, a feedstock supplier, a fuel producer, or any other participant in the LCFS.
    3. 3. The Executive Officer may request additional information from the submitter, and the submitter must provide the requested information within 14 days.
    4. 4. If a certification system is denied, the submitter may appeal to the Executive Officer within 30 days and provide any additional information that may be helpful in making a determination of acceptability.
    5. 5. The Executive Officer has 30 days from the date of appeal submittal to make a final determination.
  5. (E) Approved certification systems will be published on the CARB LCFS website.
  6. (F) Once a certification system is approved, it is eligible for use by all relevant biomass suppliers.
  7. (G) Certification systems must be resubmitted for approval every three years to assure continuing adherence to the original approval standards.
  8. (H) The Executive Officer shall modify the approval of a certification system that no longer meets a single criterion specified in section 95488.9(g)(8)(A). The modification will include limiting the number of certifications a certification system may provide in a given year and limiting the role of any specific staff found not to meet any specified criteria. A modified approval of a certification system allows the certification system to continue to provide certifications under this regulation subject to the modifications identified above. A certification system under modification has 90 days from the date of modification to provide to CARB a written plan describing the actions and timetable, not to exceed one year, that the certification system will take to return to full compliance with the eligibility criteria, referred to as a corrective action plan (CAP). At the end of the time period identified in the CAP, the Executive Officer will reevaluate the certification system for conformance with section 95488.9(g)(8)(A). If the certification system is found to be in conformance with all eligibility requirements at the end of the CAP time period, the full approval of the certification system will be restored for the remainder of the three-year approval period.
  9. (I) If a certification system no longer meets more than one requirement of section 95488.9(g)(8)(A), or if a certification system under modification per section 95488.9(g)(8)(H) does not submit a CAP within 90 days, does not adhere to the provisions in the CAP, or triggers modification of an approval for a second time in three years, the Executive Officer shall suspend the certification system. A suspended certification system has one year from the date of suspension to demonstrate to the Executive Officer a return to conformance with the eligibility criteria in section 95488.9(g)(8)(A) pursuant to subsection (K) below. If the suspended certification system returns to conformance in a timely manner, the certification system shall be reapproved for the remainder of the original three-year approval period. A suspended certification system may not provide certifications under the LCFS regulation. If the suspended certification system cannot demonstrate conformance with section 95488.9(g)(8)(A) within one year of suspension the Executive Officer will remove the certification system from the list of eligible certification systems. A removed certification system may not reapply for approval for one year following the date of removal. The Executive Officer shall remove, suspend, or otherwise modify approval of an approved certification system if appropriate for consistency with a modification, removal, or suspension of the certification system in an analogous GHG program.
  10. (J) After the removal or suspension of an approved certification system, any biomass relying on that certification system must become certified under an approved certification system within one year from the date of removal or suspension.
  11. (K) The modification, revocation, or approval of the certification system shall be effective as of the date the notification is signed by the Executive Officer. Notification will be emailed to the affected certification system within 7 days of signing.

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).