Bill Text: NY S02962 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 38-6)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S02962 Detail]

Download: New_York-2021-S02962-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2962--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 26, 2021
                                       ___________

        Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, BIAGGI, BRESLIN, COMRIE,
          GAUGHRAN, HARCKHAM,  HINCHEY,  HOYLMAN,  KAMINSKY,  KAPLAN,  KAVANAGH,
          PERSAUD,  RIVERA,  SERRANO,  SKOUFIS, THOMAS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation -- 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 2021"

          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-
     7  ties  Protection  Act will require sharp decreases in transportation-re-
     8  lated emissions.
     9    2. Shifting  from  today's  petroleum-based  transportation  fuels  to
    10  alternative  fuels has the potential to significantly reduce transporta-
    11  tion emissions of air pollutants and greenhouse gases and is recommended
    12  by the Intergovernmental Panel on Climate Change as an important pathway
    13  for holding global warming to 1.5 degrees Celsius.
    14    3. The Climate Leadership and Communities Protection Act  directs  the
    15  Department  of  Environmental  Protection to promulgate regulations that
    16  will reduce greenhouse gas emissions, including from on-road vehicles.
    17    4. New York signed a 15-state MOU to develop an action plan to  reduce
    18  toxic diesel emissions from medium and heavy-duty vehicles by 2050.
    19    5.   A  clean  fuels  standard  regulation  would  promote  innovation
    20  production and use of non-petroleum fuels that reduce vehicle and  fuel-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01173-03-1
        S. 2962--A                          2

     1  related  air  pollution  that  endangers  public  health and welfare and
     2  disproportionately impacts disadvantaged communities.
     3    § 2. Short title. This act may be known and may be cited as the "clean
     4  fuel standard of 2021".
     5    §  3.  The  environmental  conservation law is amended by adding a new
     6  section 19-0329 to read as follows:
     7  § 19-0329. Clean fuel standard.
     8    (1) A clean fuel standard is hereby established. The clean fuel stand-
     9  ard is intended to reduce carbon intensity from the on-road  transporta-
    10  tion  sector  by  twenty  percent  by  two thousand thirty, with further
    11  reductions to be implemented based upon advances in technology as deter-
    12  mined by the commissioner.  Aviation fuels shall be  exempted  from  the
    13  clean  fuel standard due to federal preemption, but sustainable aviation
    14  fuel shall be eligible to generate credits on an opt-in basis.
    15    (2) The clean fuel standard shall apply to all providers of  transpor-
    16  tation fuels, including electricity, in New York, shall be measured on a
    17  full  fuels  lifecycle basis and may be met through market-based methods
    18  by which providers exceeding the performance required by the clean  fuel
    19  standard shall receive credits that may be applied to future obligations
    20  or  traded to providers not meeting the clean fuel standard.  The gener-
    21  ation of  credits  must  use  a  lifecycle  emissions  performance-based
    22  approach that is technology and feedstock neutral to achieve fuel decar-
    23  bonization.  In  addition  to  fuel  decarbonization,  credits generated
    24  through the use of clean fuel types will  help  promote  innovation  and
    25  investment  in  such clean fuels.  For purposes of this section the term
    26  "providers" shall include, but shall not be limited  to,  all  refiners,
    27  blenders, producers or importers of transportation fuels, or enablers of
    28  electricity  used  as  transportation fuel, "carbon intensity" means the
    29  quantity of lifecycle greenhouse gas emissions per unit of fuel  energy,
    30  and  "full  fuels lifecycle" means the aggregate of greenhouse gas emis-
    31  sions, including direct emissions and  significant  indirect  emissions,
    32  such as significant emissions from land use changes as determined by the
    33  commissioner.  The  full fuels lifecycle includes all stages of fuel and
    34  feedstock production and  distribution,  from  feedstock  generation  or
    35  extraction through the distribution and delivery and use of the finished
    36  fuel  by  the  ultimate  consumer.  In  calculating full fuels lifecycle
    37  greenhouse gas emissions, the mass  values  for  all  non-carbon-dioxide
    38  greenhouse  gases  must be adjusted to account for their relative global
    39  warming potentials. This  conversion  shall  use  the  most  appropriate
    40  conversion  relative  to  global warming potentials as determined by the
    41  commissioner based on the best available science.
    42    (3) Within twenty-four months following adoption  of  the  clean  fuel
    43  standard,  the  commissioner,  in  consultation  with the New York state
    44  energy research and development authority, shall promulgate  regulations
    45  establishing a clean fuel standard with performance objectives to imple-
    46  ment  subdivision  one  of  this section. Such regulations may be phased
    47  into effect giving priority  to  the  heavy-duty  transportation  sector
    48  consisting of vehicles with the classification of six or higher as clas-
    49  sified  by  the  Federal Highway Administration. The clean fuel standard
    50  shall take into consideration the low carbon fuel  standard  adopted  in
    51  California  and  other  states,  may  rely  upon the carbon intensity of
    52  values established for transportation fuels in  such  states  and  shall
    53  include  coordination with other Northeastern states to promote regional
    54  reductions in greenhouse gas emissions.
        S. 2962--A                          3

     1    (4) The regulations adopted pursuant to  this  section  shall  include
     2  fees  for  the  registration of providers to offset the costs associated
     3  with implementation of the clean fuel standard.
     4    (5)  Within  twenty-four  months following the adoption of regulations
     5  implementing a clean fuel standard, the commissioner shall report to the
     6  legislature regarding the implementation of the program, the  reductions
     7  in  greenhouse  gas  emissions that have been achieved through the clean
     8  fuel standard and targets for future reductions in greenhouse gas  emis-
     9  sions from the transportation sector.
    10    (6)  Nothing in this section shall preclude the department from enact-
    11  ing or maintaining other programs to  reduce  greenhouse  gas  emissions
    12  from the transportation sector.
    13    § 4. This act shall take effect immediately.