Innovative Concept Compliance Option
What are Innovative Concepts?
The Innovative Concepts Compliance Option (“Innovative Concepts”) is an alternative compliance pathway that allows regulated vessel fleets, terminal operators, and/or ports to comply with the Regulation through the use of a project that achieves equivalent emissions reductions in the port communities near where the vessels visit. Innovative Concepts must achieve equivalent or greater emissions reductions of the same pollutants within the same communities that would otherwise see benefits from direct emissions reductions from vessels at berth. All Innovative Concepts projects must be approved by the Executive Officer through an Executive Order by CARB before being used as a compliance pathway.
When are the applications due?
Any regulated entity wishing to use an Innovative Concept must submit an application to CARB for approval on or before December 1, 2021.
What does an Innovative Concept application have to include?
The requirements for an Innovative Concept application can be found in Section 93130.17 of the At Berth Regulation. For additional information on the Innovative Concept Compliance Option, please see the Innovative Concepts section of the FAQs.
Can I provide a public and not-public components of Innovative Concept applications to address potential confidential business information?
Innovative Concept applications will be posted to CARB’s website for public review as required by the Regulation. The Regulation requires a public review process for Innovative Concept applications, as described in Section 93130.17 Innovative Concept Compliance Option. The Regulation states that “Applications will be published on CARB’s website and made available for 45 calendar days for public comment.” Innovative Concept applications that contain confidential information that cannot be published conflict with the required publication and public review process. Additionally, the use of Innovative Concept is an optional path to compliance and, because of the requirement to demonstrate emissions reductions at least equivalent to direct compliance, are expected to contain emissions data, which is not considered confidential information according to the California Public Records Act (Government Code Section 6250 et seq.).
Where should I send an Innovative Concept application?
The deadline for submitting Innovative Concept applications was December 1, 2021.
All Innovative Concept applications and CARB responses to those applications can be found here.