Section 95367.2 - Use of Unclaimed Deposits(a) On or after January 1, 2025, proceeds from unclaimed deposits must be spent to support only the following specified activities or combinations of activities: (1) Repairing motor vehicle air conditioning systems that use a refrigerant with a GWP value greater than 150.(2) Recovery and reclamation of refrigerants or foams with a GWP value greater than 150.(b) Administrative costs to support the implementation of the activities or combination of activities specified in section 95367.2(a) must not exceed 5 percent of total spending of unclaimed deposits annually unless the exceedance is approved in advance by the Executive Officer. A manufacturer or its designee that requests an exceedance of this administrative costs limit for a calendar year must submit a request to CARB's Executive Officer by e-mail at RDDIYreport@arb.ca.gov no later than May 1 of the calendar year prior to the calendar year in which the manufacturer or its designee requests the increased administrative cost, and must provide information justifying that request including: identifying programs it has either established or plans to establish to support the activities or combination of activities specified in section 95367.2(a), accounting or financial statements detailing administrative costs it has incurred or anticipates incurring associated with implementing such activities. CARB's Executive Officer will approve or disapprove such requests based on the information provided by a manufacturer or its designee and the exercise of their engineering and business judgment and will inform the manufacturer or its designee of the decision within 45 days after receipt of a complete request for the exceedance of administrative cost limit.(c) If a manufacturer elects to use a designee to administer and spend unclaimed deposits, it may only designate a non-profit organization that demonstrates the capability to implement and monitor the activities specified in section 95367.2(a).(d) A manufacturer that elects to use a designee to administer and spend unclaimed deposits to implement and monitor activities or combination of activities specified in section 95367.2(a) must first submit a request no later than May 1 of the calendar year prior to the calendar year in which the manufacturer requests use of a designee. The manufacturer must receive approval from CARB's Executive Officer before using a designee. The Executive Officer will approve the designee if the manufacturer provides clear and convincing documentation that the designee can successfully implement and monitor the activities specified in section 95367.2(a). The documentation must include information that: identifies the proposed designee, the technical qualifications and experience of the staff persons overseeing the program, a description of how the designee meets the requirements in section 95367.2(c), and prior experience the designee has in implementing greenhouse gas reduction programs. The Executive Officer will approve or disapprove such requests based on the information provided by a manufacturer or its designee and the exercise of their engineering and business judgment, and will inform the manufacturer of the decision within 45 days after receipt of a complete request.(e) The Executive Officer may revoke the approval of a designee if they determine that the information provided by the manufacturer in section 95367.2(d) in its request to use a designee no longer accurately represents the capabilities of the entity to implement and monitor the activities or combination of activities specified in section 95367.2(a), or on the basis of information that the designee is not implementing or monitoring the activities or combination of activities specified in section 95367.2(a) in a timely or capable manner. The Executive Officer may make such findings on the basis of information, including reports or documents the designee must submit to CARB pursuant to section 95367(a)(8), and his or her engineering and business judgment, and will inform a manufacturer and its designee of their determination within 45 calendar days after acquiring information that indicates the information provided by the manufacturer in section 95367.2(d) no longer accurately represents the capabilities of the entity to implement and monitor the activities or combination of activities specified in section 95367.2(a), or that the designee is not implementing or monitoring the activities or combination of activities specified in section 95367.2(a) in a timely or capable manner.Cal. Code Regs. Tit. 17, § 95367.2
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2, 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
1. New section filed 5-17-2024; operative 7/1/2024 (Register 2024, No. 20).