Bill Text: NY S04003 | 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 32-0)

Status: (Introduced) 2019-09-25 - PRINT NUMBER 4003A [S04003 Detail]

Download: New_York-2019-S04003-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4003--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 25, 2019
                                       ___________

        Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, BIAGGI, BRESLIN, BROOKS,
          CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,
          KAMINSKY,  KAPLAN,  KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZ-
          GER, MONTGOMERY, PERSAUD, RIVERA, SALAZAR, SANDERS, SEPULVEDA,  SERRA-
          NO,  SKOUFIS,  STAVISKY, THOMAS -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09329-04-9

        S. 4003--A                          2

     1  greenhouse gas emissions per unit of fuel energy, and "full fuels  life-
     2  cycle" means the aggregate of greenhouse gas emissions, including direct
     3  emissions  and significant indirect emissions, such as significant emis-
     4  sions  from land use changes as determined by the commissioner. The full
     5  fuels lifecycle includes all stages of fuel and feedstock production and
     6  distribution,  from  feedstock  generation  or  extraction  through  the
     7  distribution  and  delivery and use of the finished fuel by the ultimate
     8  consumer. In calculating full fuels lifecycle greenhouse gas  emissions,
     9  the  mass  values  for  all  non-carbon-dioxide greenhouse gases must be
    10  adjusted to account for their relative global warming  potentials.  This
    11  conversion  shall use the most appropriate conversion relative to global
    12  warming potentials as determined by the commissioner.
    13    (3) Within twenty-four months following adoption  of  the  low  carbon
    14  fuel standard, the commissioner, in consultation with the New York state
    15  energy  research and development authority, shall promulgate regulations
    16  establishing a low carbon fuel standard with performance  objectives  to
    17  implement  subdivision  one  of  this  section.  Such regulations may be
    18  phased into effect giving  priority  to  the  heavy-duty  transportation
    19  sector  consisting  of vehicles with the classification of six or higher
    20  as classified by the Federal Highway Administration. The low carbon fuel
    21  standard shall take into consideration  the  low  carbon  fuel  standard
    22  adopted  in California and other states, may rely upon the carbon inten-
    23  sity of values established for transportation fuels in such  states  and
    24  shall  include  coordination  with  other Northeastern states to promote
    25  regional reductions in greenhouse gas emissions.
    26    (4) The regulations adopted pursuant to  this  section  shall  include
    27  fees  for  the  registration of providers to offset the costs associated
    28  with implementation of the low carbon fuel standard.
    29    (5) Within twenty-four months following the  adoption  of  regulations
    30  implementing  a  low carbon fuel standard, the commissioner shall report
    31  to the legislature regarding the  implementation  of  the  program,  the
    32  reductions  in  greenhouse gas emissions that have been achieved through
    33  the low carbon fuel standard and targets for future reductions in green-
    34  house gas emissions from the transportation sector.
    35    (6) Nothing in this section shall preclude the department from  enact-
    36  ing  or  maintaining  other  programs to reduce greenhouse gas emissions
    37  from the transportation sector.
    38    § 3. This act shall take effect immediately.
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