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cc -- Submission of Modified Cap-and-Trade Program Regulatory Language and Protocols to the Office of Administrative Law
Posted: 10 Sep 2015 09:39:52
On Tuesday, September 8, 2015, the Air Resources Board (ARB or Board) staff submitted the Board-adopted modifications to the Cap-and-Trade Regulation (Regulation) as well as the updated U.S. Forest (Forest Protocol) and new Rice Cultivation (Rice Protocol) Compliance Offset Protocols to the Office of Administrative Law (OAL) for review and approval. Once approved, filed with the Secretary of State, and published in the California Code of Regulations, the modified Regulation and protocols will become effective. ARB has requested an early effective date for the Regulation and protocols of November 1, 2015; this request is subject to OAL approval. Once effective, rice projects will be eligible for listing under the new Rice Protocol and all new forest projects must list under the June 25, 2015, updated version of the Forest Protocol. Existing forest projects will be eligible to update to the June 25, 2015, version of the Forest Protocol as well. All regulatory documents for this rulemaking are available online at the following ARB website: http://www.arb.ca.gov/regact/2014/capandtradeprf14/capandtradeprf14.htm. Background At its December 18, 2014, public hearing, the Board considered the Staff Report: Initial Statement of Reasons released on October 28, 2014, and adopted Resolution 14-44, which directed staff to consider the comments submitted during the rulemaking and make appropriate modifications. The Board directed the Executive Officer to make the modified regulatory language, and any additional conforming modifications, available for public comment, with any additional supporting documents and information, for a period of at least 15 days as required by Government Code section 11346.8. The Board further directed the Executive Officer to consider written comments submitted during the public review period and make any further modifications that are appropriate available for public comment for at least 15 days, and present the Regulation to the Board for further consideration. On May 20, 2015, after reviewing public comments and meeting with interested stakeholders, staff released a Notice of Public Availability of Modified Text and Availability of Additional Documents in response to Board direction at the December 2014 hearing and Resolution 14-44. At a public hearing held on June 25, 2015, the Board approved Resolution 15-19, approving the written responses to environmental comments, making required California Environmental Quality Act and other findings, and adopting the final regulatory amendments, including the Rice Cultivation Projects and U.S. Forest Projects Compliance Offset Protocols. The Resolution also directed the Executive Officer to finalize the Final Statement of Reasons (FSOR) for the regulatory amendments and to submit the final rulemaking package to the Office of Administrative Law for review. The FSOR provides written responses to all comments received on the proposed amendments during the 45-day and 15-day comment periods, during the December 18, 2014, Board hearing, and during the final June 25, 2015, Board hearing. On September 8, 2015, ARB submitted all regulatory documents to OAL for review. OAL has 30 calendar days, ending October 20, 2015, to make its determination. California is in a drought emergency. Visit www.SaveOurH2O.org for water conservation tips.