310 CMR 60.06(6)

Table 7 is not exceeded.

Year: 2026Length: 1,672 wordsOfficial source
3. The basis for the petition shall be one or more of the following: a. The Executive Office did not provide the Department with complete information about the inventory of its passenger vehicles prior to August 11, 2017; b. The Executive Office believes that the Department made a mathematical error in its calculation of the CO emission limit(s); c. The Executive Office is required to increase its passenger vehicle fleet due to unforeseen circumstances or new legislative or regulatory requirements; and/or d. The Executive Office increases its passenger vehicle fleet to 30 or more passenger vehicles thereby becoming subject to the CO emission limits in 310 CMR 60.06(6)(a) and (b). 4. Requirements for the Petition. a. The Executive Office shall submit the petition to the Department no later than 60 days after the end of the calendar year in which the Executive Office seeks to have additional CO allocated. b. If the basis for the petition is 310 CMR 60.06(6)(c)3.a., the Executive Office shall provide all the information in 310 CMR 60.06(7)(b). c. If the basis for the petition is 310 CMR 60.06(6)(c)3.b., the Executive Office shall provide a detailed explanation of the alleged mathematical error and any supporting documentation. d. If the basis for the petition is 310 CMR 60.06(6)(c)3.c., the Executive Office shall describe the event leading to the need to expand the passenger vehicle fleet for the Executive Office and also provide all the information in 310 CMR 60.06(7)(b). e. The petition shall be signed and certified in accordance with the requirements at 310 CMR 60.06(7)(b)8. 5. In its sole discretion, the Department will approve or deny the petition in writing within 60 days of receipt of the petition. During the 60 day review period, the Department may request additional information from the Executive Office. Depending on when the Department receives the information, and the volume of the information, the Department may extend the 60 day review period. a. If the Department approves the petition, calculates a modified or new limit, and/or allocates additional CO , the modified CO emission limit(s) in the approval letter shall be enforceable in lieu of the CO emission limit in 310 CMR 60.06(6)(a). b. If the petition is approved, the Department will calculate the metric tons of CO emissions remaining in the set-aside for the applicable calendar year and publish that figure on its website. (d) Petition Process for Executive Offices with less than 30 Passenger Vehicles. 1. If an Executive Office decreases its passenger vehicle fleet to less than 30 passenger vehicles for one or more years, it may petition the Department to be excluded from CO emission limits on its passenger vehicles. 2. Requirements for the petition. a. The Executive Office shall submit the petition to the Department no later than 60 days after the end of the calendar year in which the Executive Office seeks to be excluded from the CO emission limits. b. The Executive Office shall provide all the information in 310 CMR 60.06(7)(b). c. The petition shall be signed and certified in accordance with the requirements at 310 CMR 60.06(7)(b)8. 3. In its sole discretion, the Department will approve or deny the petition in writing within 60 days of receipt of the petition. During the 60 day review period, the Department may request additional information from the Executive Office. Depending on when the Department receives the information, and the volume of the information, the Department may extend the 60 day review period. a. If the Department approves the petition, the Executive Office shall not have a CO emission limit(s) unless and until the Executive Office increases its passenger vehicle fleet to 30 or more passenger vehicles. b. If the petition is approved, the Department will calculate the metric tons of CO emissions remaining in the set-aside for the applicable calendar year and publish that figure on its website. (7) Annual Passenger Vehicle Reporting Requirements. (a) By March 1, 2019 and by March 1 of each year thereafter, each Executive Office shall st submit a report to the Department for the previous calendar year. (b) The annual report shall be submitted electronically in a format specified by the Department, and shall include all of the following information as well as any additional information specified in the form provided by the Department for reporting: 1. The Executive Office name, physical address, and mailing address; 2. The location of records and documents; 3. The name and contact information including e-mail address and telephone number of the Climate Change Coordinator or authorized Executive Office official submitting the report, and the person primarily responsible for preparing the report; 4. The calendar year for which the information is submitted; 5. For each passenger vehicle owned or leased: a. vehicle identification number (VIN); b. vehicle make; c. vehicle model; d. vehicle model year; and e. entity within the Executive Office that owns or leases the vehicle; 6. The total gallons of gasoline and diesel, cubic feet of hydrogen and natural gas and megawatt hours of electricity used by the passenger vehicles owned or leased by the Executive Office; 7. Metric tons of CO emissions from passenger vehicles, by fuel, as calculated using the equations specified in 310 CMR 60.06(5); and 8. The signature of the Climate Change Coordinator or authorized Executive Office official, and the following certification statement: "I certify that I have personally examined the foregoing and am familiar with the information contained in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment." (8) Non-passenger Vehicle Reporting Requirements. (a) By the deadlines in 310 CMR 60.06(4)(b) and (c), each Executive Office shall also submit reports to the Department with information about non-passenger vehicles owned or leased by that Executive Office. (b) The reports shall be submitted electronically in a format specified by the Department, and shall include all of the following information as well as any additional information specified in the form provided by the Department for reporting: 1. The Executive Office name, physical address, and mailing address; 2. The location of records and documents; 3. The name and contact information including e-mail address and telephone number of the Climate Change Coordinator or authorized Executive Office official submitting the report, and the person primarily responsible for preparing the report; 4. The calendar year for which the information is submitted; 5. For each vehicle owned or leased that is not a passenger vehicle, and that has an odometer: a. vehicle identification number (VIN); b. vehicle make; c. vehicle model; d. vehicle model year; e. gross vehicle weight rating (GVWR); f. entity within the Executive Office that owns or leases the vehicle; g. VMT; h. primary type of fuel used; i. gallons of gasoline or diesel, or cubic feet of hydrogen or natural gas or megawatt hours of electricity used as primary fuel; j. secondary type of fuel used, if applicable; k. gallons of gasoline or diesel, or cubic feet of hydrogen or natural gas or megawatt hours of electricity used as secondary fuel; l. a description of what the vehicle is used for (for example, snow plow, street sweeper, bus, emergency response, off-road use); and 6. The signature of the Climate Change Coordinator or authorized Executive Office official, and the following certification statement: "I certify that I have personally examined the report and am familiar with the information contained in that report and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment." (9) Monitoring and Recordkeeping Requirements. (a) Each Executive Office shall collect, record and maintain information sufficient to demonstrate compliance with 310 CMR 60.06. (b) Each Executive Office shall retain for five years documentation sufficient to demonstrate compliance with 310 CMR 60.06 and shall provide such documentation to the Department upon request. The documentation shall be submitted in the format and within the time limit requested by the Department. (10) Compliance Verification. The Department may verify compliance with 310 CMR 60.06 by conducting inspections, requesting information and records and requiring the collection of information; provided that 310 CMR 60.06(10) does not limit the authority of the Department as otherwise provided by law or in an authorization, determination, modification, permit, or other approval, or by the terms of any order or other enforcement document. (a) Access to Information. Where necessary to ascertain compliance with 310 CMR 60.06, including actual or potential CO emissions, the Department may request of an Executive Office information or records. The Executive Office shall, within a reasonable time, furnish the requested information or records and shall permit Department personnel or authorized representatives to have access to and to take images of such records. (b) Requirement to Collect Information. When the Department has reason to believe that an Executive Office has exceeded its CO emissions limit or violated any other condition in 310 CMR 60.06, the Department may require the Executive Office to submit the necessary information or records to determine compliance. In doing so, the Department may require an Executive Office to: 1. Perform audits on CO emissions records using standard procedures and methods; 2. Quantify CO emissions in accordance with the procedures and methods as the Department may prescribe; 3. Make periodic reports to the Department, as necessary, to assure continuous compliance with 310 CMR 60.06; and 4. Maintain other records and provide any other information as the Department might reasonably require. (11) Enforcement. The Department shall enforce the requirements of 310 CMR 60.06 in accordance with applicable federal and Massachusetts law, including but not limited to M.G.L. c. 21A, § 16; 310 CMR 5.00: Administrative Penalty; M.G.L. c. 111, §§ 2C, 142A through 142M; and c. 21N § 7(d). (PAGES 2375 THROUGH 2400 ARE RESERVED FOR FUTURE USE.)
310 CMR 60.06(6): Table 7 is not exceeded. | Justis AI