2005 California Health and Safety Code Sections 42870 Conservation and Development Commission

42870.  The State Energy Resources Conservation and Development
Commission shall do all of the following:
   (a) Develop a process to identify and qualify third-party
organizations approved to provide technical assistance and advice,
upon the request of a participant in any or all of the following
areas:
   (1) Determining greenhouse gas emissions.
   (2) Developing industry-specific emissions reduction targets.
   (3) Developing and implementing efficiency improvement programs
appropriate to various industries and economic sectors.
   The process shall do all of the following:
   (A) Define the minimum technical and organizational capabilities
and other qualifications approved firms are required to meet.
   (B) Call for applications or otherwise encourage interested
organizations to submit their qualifications for review.
   (C) Evaluate applicant organizations according to this list of
qualification standards.
   (D) Recommend, not later than six months following the first
registry board meeting, specific organizations to the registry as
qualified to provide the technical assistance functions of this
chapter.
   (E) Update the list of approved technical assistance providers
periodically by doing all of the following:
   (i) Reviewing the capabilities of already approved providers.
   (ii) Reviewing applications of new providers.
   (iii) Recommending to the registry specific organizations to be
added to the approved list, and specific organizations no longer
qualified to provide the technical assistance duties of this chapter.
   (b) Develop or update certain emissions reporting metrics by doing
all of the following:
   (1) Review, in coordination with the State Air Resources Board,
industry-specific greenhouse gas reporting metrics linked to or based
on international or federal standards, as these become available
periodically, and advise the registry of its opinion as to whether
the adoption of sectoral or industry-specific metrics complement the
reporting procedures.
   (2) By July 1, 2003, recommend to the registry for possible
adoption a procedure for defining and measuring transportation-based
emissions associated with registry participants' activities,
including, but not limited to, shipping of products and materials,
employee commuting, and purchased air travel.
   (c) Develop, not later than six months following the first
registry board meeting, guidance to the registry on all of the
following processes to facilitate participation in the program:
   (1) Recommendations for threshold emissions of each greenhouse gas
that are considered de minimis to a participant's operations.
   (2) Establishing entities' electricity usage and calculating CO2
emissions associated with that usage.
   (3) Establishing entities' fuel usage and calculating CO2
emissions associated with that usage.
   (4) Determining emissions from onsite fuel combustion.
   (5) Determining the noncombustion emissions of the six greenhouse
gases with which the registry is concerned, as applicable.
   (6) Establishing procedures and protocols to certify greenhouse
gas emissions baselines and emissions results.
   (7) Collecting and maintaining data and records of energy, fuel,
and chemical consumption sufficient to allow ex post certification of
emission results of direct and indirect emissions on an entity-wide
basis.
   (d) Develop, not later than six months after the first meeting of
the registry board, a process for qualifying third-party
organizations recognized by the State of California as competent to
certify the emissions results of the types of entities that may
choose to participate in this registry, by doing all of the
following:
   (1) Developing a list of the minimum technical and organizational
capabilities and other qualification standards that approved
third-party organizations shall meet.  Those qualifications shall
include the ability to sign an opinion letter, for which they may be
held financially at risk, and certifying the participant-reported
emissions results as provided in this chapter.
   (2) Publicizing an applications process or otherwise encouraging
interested organizations to submit their qualifications for review.
   (3) Evaluating applicant organizations according to the list of
qualifications described in paragraph (1).
   (4) Recommending specific third-party organizations to the
registry as qualified to certify participants' actual emissions
results in accordance with this chapter.
   (5) Periodically updating the list of approved third-party
organizations by doing any of the following:
   (A) Reviewing the capabilities of approved organizations.
   (B) Reviewing applications of organizations seeking to become
approved.
   (C) Recommending to the registry specific organizations to be
added to the approved list, and specific organizations no longer
qualified to perform the duties of this chapter.
   (e) (1) Occasionally, and on a random basis, accompany third-party
organizations on scheduled visits to observe and evaluate, during
any certification visit, both the following:
   (A) Whether the participant has a program, consistent with
registry-approved procedures and protocols, in place for the
preparation and submittal of the information required under this
chapter.
   (B) The reasonableness of the emissions information being reported
for a sample of estimates or calculations.
   (2) To help the registry report to the Legislature, the State
Energy Resources Conservation and Development Commission shall
report, in writing, to the registry on these findings to further
ensure that reported emissions accurately reflect annual emissions of
greenhouse gases.
   (f) Review future international or federal programs related to
greenhouse gas emissions, and make reasonable efforts to promote
consistency between the state program and these programs, and to
reduce the reporting burden on participants.