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


Bill Title: Establishes the low carbon fuel standard of 2021; such standard is intended to reduce carbon intensity from the on-road transportation sector by 20% by 2032, with further reductions to be implemented based upon advances in technology.

Spectrum: Partisan Bill (Democrat 61-0)

Status: (Introduced) 2021-01-06 - referred to environmental conservation [A00862 Detail]

Download: New_York-2021-A00862-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           862

                               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,  BARRON,   WALLACE,
          CARROLL,  GOTTFRIED,  STECK,  PERRY, STERN, REYES, FAHY, D. ROSENTHAL,
          PAULIN,  PICHARDO,  JONES,  LUPARDO,  QUART,  DE LA ROSA,   O'DONNELL,
          J. RIVERA,  DICKENS,  GLICK,  SIMON,  ZEBROWSKI, HEVESI, L. ROSENTHAL,
          RODRIGUEZ, WEPRIN, ROZIC, SANTABARBARA, WALKER, FRONTUS, COOK,  SOLAG-
          ES,   CUSICK,   OTIS,   VANEL,  DINOWITZ,  HUNTER,  BARRETT,  GUNTHER,
          SEAWRIGHT, GALEF, NIOU, FERNANDEZ, JACOBSON, HYNDMAN, NOLAN,  BENEDET-
          TO,  AUBRY, LAVINE, McMAHON -- Multi-Sponsored by -- M. of A. CYMBROW-
          ITZ -- read once  and  referred  to  the  Committee  on  Environmental
          Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing the "low carbon fuel standard of 2021"

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

     1    Section  1. Short title. This act may be known and may be cited as the
     2  "low carbon fuel standard of 2021".
     3    § 2. The environmental conservation law is amended  by  adding  a  new
     4  section 19-0329 to read as follows:
     5  § 19-0329. Low carbon fuel standard.
     6    (1)  A  low carbon fuel standard is hereby established. The low carbon
     7  fuel standard is intended to reduce carbon intensity  from  the  on-road
     8  transportation sector by twenty percent by two thousand thirty-two, with
     9  further  reductions  to be implemented based upon advances in technology
    10  as determined by the commissioner.
    11    (2) The low carbon fuel standard  shall  apply  to  all  providers  of
    12  transportation  fuels  in  New  York,  shall be measured on a full fuels
    13  lifecycle basis and may be met through  market-based  methods  by  which
    14  providers exceeding the performance required by a low carbon fuel stand-
    15  ard  shall  receive credits that may be applied to future obligations or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01173-01-1

        A. 862                              2

     1  traded to providers not  meeting  the  low  carbon  fuel  standard.  For
     2  purposes  of  this section the term "providers" shall include, but shall
     3  not be limited to, all refiners, blenders,  producers  or  importers  of
     4  transportation fuels, "carbon intensity" means the quantity of lifecycle
     5  greenhouse  gas emissions per unit of fuel energy, and "full fuels life-
     6  cycle" means the aggregate of greenhouse gas emissions, including direct
     7  emissions and significant indirect emissions, such as significant  emis-
     8  sions  from land use changes as determined by the commissioner. The full
     9  fuels lifecycle includes all stages of fuel and feedstock production and
    10  distribution,  from  feedstock  generation  or  extraction  through  the
    11  distribution  and  delivery and use of the finished fuel by the ultimate
    12  consumer. In calculating full fuels lifecycle greenhouse gas  emissions,
    13  the  mass  values  for  all  non-carbon-dioxide greenhouse gases must be
    14  adjusted to account for their relative global warming  potentials.  This
    15  conversion  shall use the most appropriate conversion relative to global
    16  warming potentials as determined by the commissioner.
    17    (3) Within twenty-four months following adoption  of  the  low  carbon
    18  fuel standard, the commissioner, in consultation with the New York state
    19  energy  research and development authority, shall promulgate regulations
    20  establishing a low carbon fuel standard with performance  objectives  to
    21  implement  subdivision  one  of  this  section.  Such regulations may be
    22  phased into effect giving  priority  to  the  heavy-duty  transportation
    23  sector  consisting  of vehicles with the classification of six or higher
    24  as classified by the Federal Highway Administration. The low carbon fuel
    25  standard shall take into consideration  the  low  carbon  fuel  standard
    26  adopted  in California and other states, may rely upon the carbon inten-
    27  sity of values established for transportation fuels in such  states  and
    28  shall  include  coordination  with  other Northeastern states to promote
    29  regional reductions in greenhouse gas emissions.
    30    (4) The regulations adopted pursuant to  this  section  shall  include
    31  fees  for  the  registration of providers to offset the costs associated
    32  with implementation of the low carbon fuel standard.
    33    (5) Within twenty-four months following the  adoption  of  regulations
    34  implementing  a  low carbon fuel standard, the commissioner shall report
    35  to the legislature regarding the  implementation  of  the  program,  the
    36  reductions  in  greenhouse gas emissions that have been achieved through
    37  the low carbon fuel standard and targets for future reductions in green-
    38  house gas emissions from the transportation sector.
    39    (6) Nothing in this section shall preclude the department from  enact-
    40  ing  or  maintaining  other  programs to reduce greenhouse gas emissions
    41  from the transportation sector.
    42    § 3. This act shall take effect immediately.
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