CARB resubmits proposed LCFS amendments to California’s Office of Administrative Law

The California Air Resources Board resubmitted proposed amendments to the Low Carbon Fuel Standard May 16 to the Office of Administrative Law, as updated to address clarity issues identified by OAL, as well as to follow board direction and otherwise further improve alignment with the objectives of the rulemaking.

OAL has up to 30 working days from the resubmittal date to make a determination on the resubmitted LCFS-rulemaking package.

If OAL approves the rulemaking package and grants CARB’s requested effective date, the updated LCFS regulation would be effective July 1.

On Nov. 8, CARB held a public hearing to consider proposed amendments to LCFS.

After considering staff’s presentation of the proposed amendments and all public comments received, the board approved the proposed amendments.

On Jan. 3, CARB staff submitted a final-rulemaking package to the OAL for review.

OAL disapproved the rulemaking package Feb. 18.

As outlined in government-code section 11349.4, CARB may rewrite and resubmit the amendments to OAL within 120 days of its receipt of OAL’s decision.

CARB determined that additional modifications were appropriate for the proposed amendments and developed proposed modifications as stated in the “Summary of Proposed Regulatory Modifications” section of the Third Notice of Public Availability of Modified Text and Availability of Additional Documents and Information (third 15-day notice) released April 4. 

Following a 15-day comment period, CARB responded to comments submitted in response to the third 15-day notice package and resubmitted the proposed amendments to OAL May 16.