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.
STATE OF NEW YORK
2019-2020 Regular Sessions
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.
A. 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.