NY State Senate Bill S4003A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Sep 25, 2019	print number 4003a
Sep 25, 2019	amend and recommit to environmental conservation
Feb 25, 2019	referred to environmental conservation

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S4003 - Details

See Assembly Version of this Bill:: A5262
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2962, A862
2023-2024: S1292, A964

S4003 - Summary

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.

S4003 - Sponsor Memo

 
BILL NUMBER: S4003

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing the "low carbon fuel standard of 2019"

 
PURPOSE:

This legislation would amend the environmental conservation law to
require the development of a low carbon fuel standard in New York State
to reduce greenhouse gas (GHG) emissions in the transportation sector.

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the title of the legislation.

Section 2. 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 low carbon fuel stand-
ard in New York State. The legislation further requires that the regu-
lations 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 3. 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 anaero-
bic 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 tech-
nologies reduce GHG emissions by approximately 125%. This is one of the
rare examples of how an innovative technology can be carbon net nega-
tive.

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 low carbon 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
low carbon fuel standard in New York State.

 
LEGISLATIVE HISTORY:

None.

 
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 act shall take effect immediately.

S4003 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4003

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 25, 2019
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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:

  Section 1. Short title. This act may be known and may be cited as  the
"low carbon fuel standard of 2019".
  §  2.  The  environmental  conservation law is amended by adding a new
section 19-0329 to read as follows:
§ 19-0329. LOW CARBON FUEL STANDARD.
  (1) A LOW CARBON FUEL STANDARD IS HEREBY ESTABLISHED. THE  LOW  CARBON
FUEL  STANDARD  IS  INTENDED TO REDUCE GREENHOUSE GAS EMISSIONS FROM THE
TRANSPORTATION SECTOR BY TWENTY PERCENT BY  TWO  THOUSAND  THIRTY,  WITH
FURTHER REDUCTIONS TO BE IMPLEMENTED BASED UPON ADVANCES IN TECHNOLOGY.
  (2)  THE  LOW  CARBON  FUEL  STANDARD  SHALL APPLY TO ALL PROVIDERS OF
TRANSPORTATION FUELS IN NEW YORK, SHALL BE  MEASURED  ON  A  FULL  FUELS
CYCLE BASIS AND MAY BE MET THROUGH MARKET-BASED METHODS BY WHICH PROVID-
ERS  EXCEEDING  THE  PERFORMANCE  REQUIRED BY A LOW CARBON FUEL STANDARD
SHALL RECEIVE CREDITS THAT MAY BE APPLIED TO FUTURE OBLIGATIONS OR TRAD-
ED TO PROVIDERS NOT MEETING THE LOW CARBON FUEL STANDARD.  FOR  PURPOSES
OF  THIS  SECTION  THE  TERM "PROVIDERS" SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, ALL REFINERS, BLENDERS, PRODUCERS OR IMPORTERS OF  TRANSPOR-
TATION FUELS.
  (3)  WITHIN  TWENTY-FOUR  MONTHS  FOLLOWING ADOPTION OF THE LOW CARBON
FUEL STANDARD, THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE  REGULATIONS
ESTABLISHING  A  LOW CARBON FUEL STANDARD WITH PERFORMANCE OBJECTIVES TO
IMPLEMENT SUBDIVISION ONE OF THIS SECTION. THE LOW CARBON FUEL  STANDARD
SHALL  TAKE  INTO  CONSIDERATION THE LOW CARBON FUEL STANDARD ADOPTED IN
CALIFORNIA AND OTHER STATES, MAY  RELY  UPON  THE  CARBON  INTENSITY  OF

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

                                                           LBD09329-02-9

S. 4003                             2

VALUES  ESTABLISHED  FOR  TRANSPORTATION  FUELS IN SUCH STATES AND SHALL
INCLUDE COORDINATION WITH OTHER NORTHEASTERN STATES TO PROMOTE  REGIONAL
REDUCTIONS IN GREENHOUSE GAS EMISSIONS.
  (4)  THE  REGULATIONS  ADOPTED  PURSUANT TO THIS SECTION SHALL INCLUDE
FEES FOR THE REGISTRATION OF PROVIDERS TO OFFSET  THE  COSTS  ASSOCIATED
WITH IMPLEMENTATION OF THE LOW CARBON FUEL STANDARD.
  (5)  WITHIN  TWENTY-FOUR  MONTHS FOLLOWING THE ADOPTION OF REGULATIONS
IMPLEMENTING A LOW CARBON FUEL STANDARD, THE COMMISSIONER  SHALL  REPORT
TO  THE  LEGISLATURE  REGARDING  THE  IMPLEMENTATION OF THE PROGRAM, THE
REDUCTIONS IN GREENHOUSE GAS EMISSIONS THAT HAVE BEEN  ACHIEVED  THROUGH
THE LOW CARBON FUEL STANDARD AND TARGETS FOR FUTURE REDUCTIONS IN GREEN-
HOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR.
  (6)  NOTHING IN THIS SECTION SHALL PRECLUDE THE DEPARTMENT FROM ENACT-
ING OR MAINTAINING OTHER PROGRAMS TO  REDUCE  GREENHOUSE  GAS  EMISSIONS
FROM THE TRANSPORTATION SECTOR.
  § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4003A (ACTIVE) - Details

See Assembly Version of this Bill:: A5262
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2962, A862
2023-2024: S1292, A964

S4003A (ACTIVE) - Summary

S4003A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4003A

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to establishing the "low carbon fuel standard of 2019"

 
PURPOSE:

This legislation would amend the environmental conservation law to
require the development of a low carbon fuel standard in New York State
to reduce greenhouse gas (GHG) emissions in the transportation sector.

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the title of the legislation.

Section 2. 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 low carbon fuel stand-
ard 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 regu-
lations 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 3. 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.  Diver-
sification 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 low carbon 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
low carbon fuel standard in New York State.

 
LEGISLATIVE HISTORY:

None

 
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

S4003A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4003--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1. Short title. This act may be known and may be cited as the
"low carbon fuel standard of 2019".
  § 2. The environmental conservation law is amended  by  adding  a  new
section 19-0329 to read as follows:
§ 19-0329. LOW CARBON FUEL STANDARD.
  (1)  A  LOW CARBON FUEL STANDARD IS HEREBY ESTABLISHED. THE LOW CARBON
FUEL STANDARD IS INTENDED TO REDUCE CARBON INTENSITY  FROM  THE  ON-ROAD
TRANSPORTATION  SECTOR  BY  TWENTY  PERCENT BY TWO THOUSAND THIRTY, WITH
FURTHER REDUCTIONS TO BE IMPLEMENTED BASED UPON ADVANCES  IN  TECHNOLOGY
AS DETERMINED BY THE COMMISSIONER.
  (2)  THE  LOW  CARBON  FUEL  STANDARD  SHALL APPLY TO ALL PROVIDERS OF
TRANSPORTATION FUELS IN NEW YORK, SHALL BE  MEASURED  ON  A  FULL  FUELS
LIFECYCLE  BASIS  AND  MAY  BE MET THROUGH MARKET-BASED METHODS BY WHICH
PROVIDERS EXCEEDING THE PERFORMANCE REQUIRED BY A LOW CARBON FUEL STAND-
ARD SHALL RECEIVE CREDITS THAT MAY BE APPLIED TO FUTURE  OBLIGATIONS  OR
TRADED  TO  PROVIDERS  NOT  MEETING  THE  LOW  CARBON FUEL STANDARD. FOR
PURPOSES OF THIS SECTION THE TERM "PROVIDERS" SHALL INCLUDE,  BUT  SHALL
NOT  BE  LIMITED  TO,  ALL REFINERS, BLENDERS, PRODUCERS OR IMPORTERS OF
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

GREENHOUSE GAS EMISSIONS PER UNIT OF FUEL ENERGY, AND "FULL FUELS  LIFE-
CYCLE" MEANS THE AGGREGATE OF GREENHOUSE GAS EMISSIONS, INCLUDING DIRECT
EMISSIONS  AND SIGNIFICANT INDIRECT EMISSIONS, SUCH AS SIGNIFICANT EMIS-
SIONS  FROM LAND USE CHANGES AS DETERMINED BY THE COMMISSIONER. THE FULL
FUELS LIFECYCLE INCLUDES ALL STAGES OF FUEL AND FEEDSTOCK PRODUCTION AND
DISTRIBUTION,  FROM  FEEDSTOCK  GENERATION  OR  EXTRACTION  THROUGH  THE
DISTRIBUTION  AND  DELIVERY AND USE OF THE FINISHED FUEL BY THE ULTIMATE
CONSUMER. IN CALCULATING FULL FUELS LIFECYCLE GREENHOUSE GAS  EMISSIONS,
THE  MASS  VALUES  FOR  ALL  NON-CARBON-DIOXIDE GREENHOUSE GASES MUST BE
ADJUSTED TO ACCOUNT FOR THEIR RELATIVE GLOBAL WARMING  POTENTIALS.  THIS
CONVERSION  SHALL USE THE MOST APPROPRIATE CONVERSION RELATIVE TO GLOBAL
WARMING POTENTIALS AS DETERMINED BY THE COMMISSIONER.
  (3) WITHIN TWENTY-FOUR MONTHS FOLLOWING ADOPTION  OF  THE  LOW  CARBON
FUEL STANDARD, THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE
ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE REGULATIONS
ESTABLISHING A LOW CARBON FUEL STANDARD WITH PERFORMANCE  OBJECTIVES  TO
IMPLEMENT  SUBDIVISION  ONE  OF  THIS  SECTION.  SUCH REGULATIONS MAY BE
PHASED INTO EFFECT GIVING  PRIORITY  TO  THE  HEAVY-DUTY  TRANSPORTATION
SECTOR  CONSISTING  OF VEHICLES WITH THE CLASSIFICATION OF SIX OR HIGHER
AS CLASSIFIED BY THE FEDERAL HIGHWAY ADMINISTRATION. THE LOW CARBON FUEL
STANDARD SHALL TAKE INTO CONSIDERATION  THE  LOW  CARBON  FUEL  STANDARD
ADOPTED  IN CALIFORNIA AND OTHER STATES, MAY RELY UPON THE CARBON INTEN-
SITY OF VALUES ESTABLISHED FOR TRANSPORTATION FUELS IN SUCH  STATES  AND
SHALL  INCLUDE  COORDINATION  WITH  OTHER NORTHEASTERN STATES TO PROMOTE
REGIONAL REDUCTIONS IN GREENHOUSE GAS EMISSIONS.
  (4) THE REGULATIONS ADOPTED PURSUANT TO  THIS  SECTION  SHALL  INCLUDE
FEES  FOR  THE  REGISTRATION OF PROVIDERS TO OFFSET THE COSTS ASSOCIATED
WITH IMPLEMENTATION OF THE LOW CARBON FUEL STANDARD.
  (5) WITHIN TWENTY-FOUR MONTHS FOLLOWING THE  ADOPTION  OF  REGULATIONS
IMPLEMENTING  A  LOW CARBON FUEL STANDARD, THE COMMISSIONER SHALL REPORT
TO THE LEGISLATURE REGARDING THE  IMPLEMENTATION  OF  THE  PROGRAM,  THE
REDUCTIONS  IN  GREENHOUSE GAS EMISSIONS THAT HAVE BEEN ACHIEVED THROUGH
THE LOW CARBON FUEL STANDARD AND TARGETS FOR FUTURE REDUCTIONS IN GREEN-
HOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR.
  (6) NOTHING IN THIS SECTION SHALL PRECLUDE THE DEPARTMENT FROM  ENACT-
ING  OR  MAINTAINING  OTHER  PROGRAMS TO REDUCE GREENHOUSE GAS EMISSIONS
FROM THE TRANSPORTATION SECTOR.
  § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S4003A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4003 - Details

S4003 - Summary

S4003 - Sponsor Memo

S4003 - Bill Text download pdf

Co-Sponsors

S4003A (ACTIVE) - Details

S4003A (ACTIVE) - Summary

S4003A (ACTIVE) - Sponsor Memo

S4003A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4003A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4003 - Details

S4003 - Summary

S4003 - Sponsor Memo

S4003 - Bill Text download pdf

Co-Sponsors

S4003A (ACTIVE) - Details

S4003A (ACTIVE) - Summary

S4003A (ACTIVE) - Sponsor Memo

S4003A (ACTIVE) - Bill Text download pdf

Comments