|SAME AS||SAME AS S02962-A|
|COSPNSR||Thiele, Sayegh, Williams, Griffin, Epstein, Abinanti, Magnarelli, Colton, Stirpe, Barron, Wallace, Carroll, Gottfried, Steck, Perry, Stern, Reyes, Fahy, Rosenthal D, Paulin, Pichardo, Jones, Lupardo, Quart, De La Rosa, O'Donnell, Rivera J, Dickens, Glick, Simon, Zebrowski, Hevesi, Rosenthal L, Rodriguez, Weprin, Rozic, Santabarbara, Walker, Frontus, Cook, Cusick, Otis, Vanel, Dinowitz, Hunter, Barrett, Gunther, Seawright, Galef, Niou, Fernandez, Jacobson, Hyndman, Nolan, Benedetto, 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, Miller M, Ramos, Simpson, Ra, Cruz, Fall, Taylor, Brown, Durso, Montesano, Lawler, Dilan, Kim, Septimo, Forrest, Bichotte Hermelyn|
|Add §19-0329, En Con L|
|Establishes the clean fuel standard of 2021; 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.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A862A SPONSOR: Woerner (MS)
TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing the "clean fuel standard of 2021"   PURPOSE: This legislation would amend the environmental conservation law to require the development of a clean fuel standard in New York State to reduce greenhouse gas (GHG) emissions in the transportation sector.   SUMMARY OF PROVISIONS: Section 1. Legislative findings and declarations Section 2. Establishes the title of the legislation. Section 3. Amends the environmental conservation law to create a new section 19-03292 require the Department of Environmental Conservation, in consultation with the New York State Energy, Research and Development Authority, to promulgate regulations to create a clean fuel standard in New York State, with priority given to implementing regulations relative to the heavy-duty transportation sector consisting of vehicles with the classification of six or higher as classified by the Federal Highway Administration. The legislation further requires that the regulations include coordination with other northeastern states to promote regional solutions to reduce GHG emissions. It is intended that this program be similar to the California low carbon fuel standard, which is promoting reductions in GHG emissions in the transportation sector by assigning carbon intensity values to all fuels taking into account the entire lifecycle of the fuel and requiring high carbon fuels to promote low carbon fuels through a credit mechanism. Section 4. Makes the legislation effective immediately.   JUSTIFICATION: Greenhouse gas ("GHG") emissions pose a serious threat to the health of New York's citizens and the quality of the environment; and New York's transportation sector is the leading source of GHG emissions in the state, contributing over 34 percent of the state's annual GHG emissions. New York is almost entirely dependent on one energy source for its transportation economy, relying on petroleum-based fuels to meet a substantial percent of its transportation needs, particularly the trans- portation needs for medium and large trucks. Increased concentrations of ground-level ozone that is directly related to GHG emissions can promote respiratory illness in children and the elderly and exacerbate pre-ex- isting respiratory illnesses. This can result in significant hospitali- zation costs and mortality rates, both of which are higher in New York State than the national average. In recent years, the total cost of asthma related hospitalization in New York State was approximately six hundred and sixty million dollars and a number of New York residents die each year from asthma alone. Global warming may have adverse impacts on human health and the environ- ment. These impacts include increased heat illnesses and mortality, respiratory illnesses from increased formation of ground-level own zone, and the introduction or spread of vector-born illnesses. Global warming may adversely impact New York State shoreline, drinking water sources, agriculture, forests and wildlife diversity. While New York State continues to follow California regarding low emission vehicle standards, this is not enough to address these threats from the transportation sector. In addition to environmental benefits from the reduction in GHG emis- sions, there are significant economic benefits associated with greater fuel diversity and innovation towards low emissions solutions in the transportation sector. New York's dependence on a single type of trans- portation fuel whose price is highly volatile imperils our economic security, endangers our jobs, and jeopardizes our industries. Diversifi- cation of the sources of transportation fuel will help protect our jobs and economy from the consequences of oil price shocks. In addition, alternative fuels can provide economic development opportunities and reduce emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from transportation and other sectors. Although New York State has adopted the California standards for vehicle emissions and is making strides to promote • electrification in certain transportation sectors, these efforts do not go far enough and do not promote new, innovative technologies that take into account the full lifecycle of transportation fuels. One of the shining examples from the California low carbon fuel standard is the promotion of bio methane, also known as renewable natural gas (RNG), as a transportation fuel. This enables the agriculture industry to produce bio methane through anaerobic digestion and match that production with an off take partner to fuel vehicles, particularly the large tractor-trailers that continue to drive our economy. Those vehicles, in turn, are using the Cummins Westport Near Zero engine, produced in Jamestown, New York. Together, these technologies reduce GHG emissions by approximately 125%. This is one of the rare examples of how an innovative technology can be carbon net negative. Farmers in New York State have struggled with anaerobic digestion because the return on the production of electricity does not pay for the digestion process. A clean fuel standard in New York State would allow us to manage carbon emissions from the agricultural sector and reduce carbon emissions in the transportation sector at the same time. This is just one example of innovation that can be promoted through a clean standard in New York State.   LEGISLATIVE HISTORY: A.5262a of 2020: Referred to Environmental Conservation.   FISCAL IMPLICATIONS: The legislation authorizes registration fees for the providers of fuels, which is intended to offset the cost of administering the program.   EFFECTIVE DATE: This bill would take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 862--A 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, CYMBROWITZ, BURKE, JACKSON -- read once and referred to the Committee on Environmental Conservation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01173-02-1A. 862--A 2 1 3. The Climate Leadership and Communities Protection Act directs the 2 Department of Environmental Protection to promulgate regulations that 3 will reduce greenhouse gas emissions, including from on-road vehicles. 4 4. New York signed a 15-state MOU to develop an action plan to reduce 5 toxic diesel emissions from medium and heavy-duty vehicles by 2050. 6 5. A clean fuels standard regulation would promote innovation 7 production and use of non-petroleum fuels that reduce vehicle and fuel- 8 related air pollution that endangers public health and welfare and 9 disproportionately impacts disadvantaged communities. 10 § 2. Short title. This act may be known and may be cited as the "clean 11 fuel standard of 2021". 12 § 3. The environmental conservation law is amended by adding a new 13 section 19-0329 to read as follows: 14 § 19-0329. Clean fuel standard. 15 (1) A clean fuel standard is hereby established. The clean fuel stand- 16 ard is intended to reduce carbon intensity from the on-road transporta- 17 tion sector by twenty percent by two thousand thirty, with further 18 reductions to be implemented based upon advances in technology as deter- 19 mined by the commissioner. Aviation fuels shall be exempted from the 20 clean fuel standard due to federal preemption, but sustainable aviation 21 fuel shall be eligible to generate credits on an opt-in basis. 22 (2) The clean fuel standard shall apply to all providers of transpor- 23 tation fuels, including electricity, in New York, shall be measured on a 24 full fuels lifecycle basis and may be met through market-based methods 25 by which providers exceeding the performance required by the clean fuel 26 standard shall receive credits that may be applied to future obligations 27 or traded to providers not meeting the clean fuel standard. The gener- 28 ation of credits must use a lifecycle emissions performance-based 29 approach that is technology and feedstock neutral to achieve fuel decar- 30 bonization. In addition to fuel decarbonization, credits generated 31 through the use of clean fuel types will help promote innovation and 32 investment in such clean fuels. For purposes of this section the term 33 "providers" shall include, but shall not be limited to, all refiners, 34 blenders, producers or importers of transportation fuels, or enablers of 35 electricity used as transportation fuel, "carbon intensity" means the 36 quantity of lifecycle greenhouse gas emissions per unit of fuel energy, 37 and "full fuels lifecycle" means the aggregate of greenhouse gas emis- 38 sions, including direct emissions and significant indirect emissions, 39 such as significant emissions from land use changes as determined by the 40 commissioner. The full fuels lifecycle includes all stages of fuel and 41 feedstock production and distribution, from feedstock generation or 42 extraction through the distribution and delivery and use of the finished 43 fuel by the ultimate consumer. In calculating full fuels lifecycle 44 greenhouse gas emissions, the mass values for all non-carbon-dioxide 45 greenhouse gases must be adjusted to account for their relative global 46 warming potentials. This conversion shall use the most appropriate 47 conversion relative to global warming potentials as determined by the 48 commissioner based on the best available science. 49 (3) Within twenty-four months following adoption of the clean fuel 50 standard, the commissioner, in consultation with the New York state 51 energy research and development authority, shall promulgate regulations 52 establishing a clean fuel standard with performance objectives to imple- 53 ment subdivision one of this section. Such regulations may be phased 54 into effect giving priority to the heavy-duty transportation sector 55 consisting of vehicles with the classification of six or higher as clas- 56 sified by the Federal Highway Administration. The clean fuel standardA. 862--A 3 1 shall take into consideration the low carbon fuel standard adopted in 2 California and other states, may rely upon the carbon intensity of 3 values established for transportation fuels in such states and shall 4 include coordination with other Northeastern states to promote regional 5 reductions in greenhouse gas emissions. 6 (4) The regulations adopted pursuant to this section shall include 7 fees for the registration of providers to offset the costs associated 8 with implementation of the clean fuel standard. 9 (5) Within twenty-four months following the adoption of regulations 10 implementing a clean fuel standard, the commissioner shall report to the 11 legislature regarding the implementation of the program, the reductions 12 in greenhouse gas emissions that have been achieved through the clean 13 fuel standard and targets for future reductions in greenhouse gas emis- 14 sions from the transportation sector. 15 (6) Nothing in this section shall preclude the department from enact- 16 ing or maintaining other programs to reduce greenhouse gas emissions 17 from the transportation sector. 18 § 4. This act shall take effect immediately.