Bill Text: NY A00862 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes the clean fuel standard of 2022; provides such standard is intended to reduce carbon intensity from the on-road transportation sector by 20% by 2030, with further reductions to be implemented based upon advances in technology.

Spectrum: Moderate Partisan Bill (Democrat 80-9)

Status: (Introduced) 2022-03-22 - print number 862b [A00862 Detail]

Download: New_York-2021-A00862-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         862--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  WOERNER,  THIELE, SAYEGH, WILLIAMS, GRIFFIN,
          EPSTEIN, ABINANTI, MAGNARELLI, COLTON, STIRPE, WALLACE, CARROLL, GOTT-
          FRIED, STECK, PERRY, STERN, REYES, FAHY, D. ROSENTHAL, PAULIN,  JONES,
          LUPARDO,  QUART,  O'DONNELL, J. RIVERA, DICKENS, GLICK, SIMON, ZEBROW-
          SKI, HEVESI, L. ROSENTHAL, WEPRIN, ROZIC, SANTABARBARA, WALKER,  FRON-
          TUS,  COOK,  CUSICK,  OTIS, VANEL, DINOWITZ, HUNTER, BARRETT, GUNTHER,
          SEAWRIGHT, GALEF, NIOU, FERNANDEZ, JACOBSON, HYNDMAN, NOLAN,  BENEDET-
          TO,  AUBRY,  LAVINE,  McMAHON,  CYMBROWITZ,  BURKE, JACKSON, McDONALD,
          BURDICK, BARNWELL, ANDERSON, LUNSFORD, BRAUNSTEIN, GALLAGHER,  BURGOS,
          GONZALEZ-ROJAS,  CLARK,  SILLITTI,  SOLAGES,  KELLES,  PEOPLES-STOKES,
          JOYNER, BRONSON, JEAN-PIERRE,  RAJKUMAR,  RAMOS,  SIMPSON,  RA,  CRUZ,
          FALL,  TAYLOR,  BROWN,  DURSO, MONTESANO, LAWLER, DILAN, KIM, SEPTIMO,
          FORREST,  BICHOTTE HERMELYN,  PHEFFER AMATO,  MITAYNES,   BUTTENSCHON,
          DeSTEFANO  -- read once and referred to the Committee on Environmental
          Conservation -- committee discharged, bill amended, ordered  reprinted
          as  amended  and  recommitted  to said committee -- recommitted to the
          Committee on Environmental Conservation in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing the "clean fuel standard of 2022"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declarations:
     2    1. The transportation sector in New York is a leading source of crite-
     3  ria pollutants and the leading source of greenhouse gas  emissions  that
     4  endanger  public  health  and  welfare  by  causing  and contributing to
     5  increased air  pollution  and  dangerous  climate  change.  Meeting  the
     6  pollution  reduction requirements of the Climate Leadership and Communi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01173-04-2

        A. 862--B                           2

     1  ties Protection Act will require sharp decreases  in  transportation-re-
     2  lated emissions.
     3    2.  Shifting  from  today's  petroleum-based  transportation  fuels to
     4  alternative fuels has the potential to significantly reduce  transporta-
     5  tion emissions of air pollutants and greenhouse gases and is recommended
     6  by the Intergovernmental Panel on Climate Change as an important pathway
     7  for holding global warming to 1.5 degrees Celsius.
     8    3.  The  Climate Leadership and Communities Protection Act directs the
     9  Department of Environmental Protection to  promulgate  regulations  that
    10  will reduce greenhouse gas emissions, including from on-road vehicles.
    11    4.  New York signed a 15-state MOU to develop an action plan to reduce
    12  toxic diesel emissions from medium and heavy-duty vehicles by 2050.
    13    5.  A  clean  fuels  standard  regulation  would  promote   innovation
    14  production  and use of non-petroleum fuels that reduce vehicle and fuel-
    15  related air pollution that  endangers  public  health  and  welfare  and
    16  disproportionately impacts disadvantaged communities.
    17    § 2. Short title. This act may be known and may be cited as the "clean
    18  fuel standard of 2022".
    19    §  3.  The  environmental  conservation law is amended by adding a new
    20  section 19-0331 to read as follows:
    21  § 19-0331. Clean fuel standard.
    22    (1) A clean fuel standard is hereby established. The clean fuel stand-
    23  ard is intended to reduce carbon intensity from the on-road  transporta-
    24  tion  sector  by  twenty  percent  by  two thousand thirty, with further
    25  reductions to be implemented based upon advances in  technology  and  to
    26  support  achieving  the  goals  of  the  climate action plan established
    27  pursuant to section 75-0103 of this chapter as determined by the commis-
    28  sioner.  Aviation fuels shall be exempted from the clean  fuel  standard
    29  due to federal preemption, but sustainable aviation fuel shall be eligi-
    30  ble to generate credits on an opt-in basis.
    31    (2)  The clean fuel standard shall apply to all providers of transpor-
    32  tation fuels, including electricity, in New York, shall be measured on a
    33  full fuels lifecycle basis and may be met through  market-based  methods
    34  by  which providers exceeding the performance required by the clean fuel
    35  standard shall receive credits that may be applied to future obligations
    36  or traded to providers not meeting the clean fuel standard.  The  gener-
    37  ation  of  credits  must  use  a  lifecycle  emissions performance-based
    38  approach that is technology and feedstock neutral to achieve fuel decar-
    39  bonization. In  addition  to  fuel  decarbonization,  credits  generated
    40  through  the  use  of  clean fuel types will help promote innovation and
    41  investment in such clean fuels.  For purposes of this section  the  term
    42  "providers"  shall  include,  but shall not be limited to, all refiners,
    43  blenders, producers or importers of transportation fuels, or enablers of
    44  electricity used as transportation fuel, "carbon  intensity"  means  the
    45  quantity  of lifecycle greenhouse gas emissions per unit of fuel energy,
    46  and "full fuels lifecycle" means the aggregate of greenhouse  gas  emis-
    47  sions,  including  direct  emissions and significant indirect emissions,
    48  such as significant emissions from land use changes as determined by the
    49  commissioner. The full fuels lifecycle shall be  assessed  annually  and
    50  all  stages  of  fuel  and  feedstock  production and distribution, from
    51  feedstock generation or extraction through the distribution and delivery
    52  and use of the finished fuel by the ultimate  consumer.  In  calculating
    53  full  fuels  lifecycle greenhouse gas emissions, the mass values for all
    54  non-carbon-dioxide greenhouse gases must  be  adjusted  to  account  for
    55  their  relative global warming potentials. This conversion shall use the

        A. 862--B                           3

     1  most appropriate conversion relative to  global  warming  potentials  as
     2  determined by the commissioner based on the best available science.
     3    (3)  Within  twenty-four  months  following adoption of the clean fuel
     4  standard, the commissioner, in consultation  with  the  New  York  state
     5  energy  research and development authority, shall promulgate regulations
     6  establishing a clean fuel standard with performance objectives to imple-
     7  ment subdivision one of this section. Such  regulations  may  be  phased
     8  into  effect  giving  priority  to  the heavy-duty transportation sector
     9  consisting of vehicles with the classification of six or higher as clas-
    10  sified by the Federal Highway Administration. The  clean  fuel  standard
    11  shall  take  into  consideration the low carbon fuel standard adopted in
    12  California and other states, may  rely  upon  the  carbon  intensity  of
    13  values  established  for  transportation  fuels in such states and shall
    14  include coordination with other Northeastern states to promote  regional
    15  reductions in greenhouse gas emissions.
    16    (4)  The  regulations  adopted  pursuant to this section shall include
    17  fees for the registration of providers to offset  the  costs  associated
    18  with implementation of the clean fuel standard.
    19    (5)  Investment  of  funds.  Electric  utilities,  state agencies, and
    20  authorities, in consultation with the climate justice working group  and
    21  the  climate  action  council established pursuant to section 75-0103 of
    22  this chapter, shall, to  the extent practicable, invest or direct avail-
    23  able and relevant programmatic resources to  provide  forty  percent  of
    24  such  electric  utility's, state agency's, or authority's overall credit
    25  value on electrified transportation programs, projects,  or  investments
    26  to directly benefit disadvantaged communities, including, but not limit-
    27  ed  to,  electrification and battery swap programs for school or transit
    28  buses; electrification of drayage trucks; investment in public  electric
    29  vehicle  charging  infrastructure  and electric vehicle charging infras-
    30  tructure in multi-family residences;  investment  in  electric  mobility
    31  solutions  such  as  electric vehicle sharing and ride hailing programs;
    32  multilingual marketing, education, and  outreach  designed  to  increase
    33  awareness  and adoption of electric vehicles; and additional rebates and
    34  incentives for low-income individuals beyond  existing  local,  federal,
    35  and state rebates and incentives.
    36    (6)  Within  twenty-four  months following the adoption of regulations
    37  implementing a clean fuel standard, the commissioner shall report to the
    38  legislature regarding the implementation of the program, the  reductions
    39  in  greenhouse  gas  emissions that have been achieved through the clean
    40  fuel standard and targets for future reductions in greenhouse gas  emis-
    41  sions from the transportation sector.
    42    (7)  Nothing in this section shall preclude the department from enact-
    43  ing or maintaining other programs to  reduce  greenhouse  gas  emissions
    44  from the transportation sector.
    45    § 4. This act shall take effect immediately.
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