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.
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The energy challenge facing California is real. Every Californian
needs to take immediate action to reduce energy consumption. For
a list of simple ways you can reduce demand and cut your energy
costs, see our website at www.arb.ca.gov.
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