Bill Text: NY A05262 | 2019-2020 | General Assembly | Amended
Bill Title: Establishes the low carbon fuel standard of 2019; 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: Partisan Bill (Democrat 77-3)
Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A05262 Detail]
Download: New_York-2019-A05262-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5262--A 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ Introduced by M. of A. WOERNER, THIELE, D'URSO, SAYEGH, WILLIAMS, ARROYO, GRIFFIN, EPSTEIN, ORTIZ, ABINANTI, MAGNARELLI, COLTON, STIRPE, BARRON, WALLACE, CARROLL -- read once and referred to the Committee on Environmental 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 "low carbon fuel standard of 2019" 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 2019". 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, 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 16 traded to providers not meeting the low carbon fuel standard. For 17 purposes of this section the term "providers" shall include, but shall 18 not be limited to, all refiners, blenders, producers or importers of 19 transportation fuels, "carbon intensity" means the quantity of lifecycle 20 greenhouse gas emissions per unit of fuel energy, and "full fuels life- 21 cycle" means the aggregate of greenhouse gas emissions, including direct 22 emissions and significant indirect emissions, such as significant emis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09329-03-9A. 5262--A 2 1 sions from land use changes as determined by the commissioner. The full 2 fuels lifecycle includes all stages of fuel and feedstock production and 3 distribution, from feedstock generation or extraction through the 4 distribution and delivery and use of the finished fuel by the ultimate 5 consumer. In calculating full fuels lifecycle greenhouse gas emissions, 6 the mass values for all non-carbon-dioxide greenhouse gases must be 7 adjusted to account for their relative global warming potentials. This 8 conversion shall use the most appropriate conversion relative to global 9 warming potentials as determined by the commissioner. 10 (3) Within twenty-four months following adoption of the low carbon 11 fuel standard, the commissioner, in consultation with the New York state 12 energy research and development authority, shall promulgate regulations 13 establishing a low carbon fuel standard with performance objectives to 14 implement subdivision one of this section. Such regulations may be 15 phased into effect giving priority to the heavy-duty transportation 16 sector consisting of vehicles with the classification of six or higher 17 as classified by the Federal Highway Administration. The low carbon fuel 18 standard shall take into consideration the low carbon fuel standard 19 adopted in California and other states, may rely upon the carbon inten- 20 sity of values established for transportation fuels in such states and 21 shall include coordination with other Northeastern states to promote 22 regional reductions in greenhouse gas emissions. 23 (4) The regulations adopted pursuant to this section shall include 24 fees for the registration of providers to offset the costs associated 25 with implementation of the low carbon fuel standard. 26 (5) Within twenty-four months following the adoption of regulations 27 implementing a low carbon fuel standard, the commissioner shall report 28 to the legislature regarding the implementation of the program, the 29 reductions in greenhouse gas emissions that have been achieved through 30 the low carbon fuel standard and targets for future reductions in green- 31 house gas emissions from the transportation sector. 32 (6) Nothing in this section shall preclude the department from enact- 33 ing or maintaining other programs to reduce greenhouse gas emissions 34 from the transportation sector. 35 § 3. This act shall take effect immediately.