NY State Senate Bill 2021-S2962A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1098
Mar 25, 2022	print number 2962b
Mar 25, 2022	amend (t) and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation
Mar 17, 2021	print number 2962a
Mar 17, 2021	amend (t) and recommit to environmental conservation
Jan 26, 2021	referred to environmental conservation

Votes

- May 9, 2022 - Environmental Conservation Committee Vote
  S2962A
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: May 9, 2022
      
      aye (7)
      
      Harckham
      
      Hinchey
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Mannion
      
      Serrano
      
      aye wr (4)
      
      May
      
      Palumbo
      
      Ritchie
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S2962 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4003
2023-2024: S1292
2025-2026: S1343

2021-S2962 - Summary

Establishes the clean fuel standard of 2022; provides 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.

2021-S2962 - Sponsor Memo

                                 
BILL NUMBER: S2962

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing the "low carbon fuel standard of 2021"

 
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 ozone,
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 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:

2019/20 S4003A - 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.

2021-S2962 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2962
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  ADDABBO, BAILEY, BIAGGI, BRESLIN -- 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 2021"

   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 2021".
   § 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-TWO, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01173-01-1

 S. 2962                             2
 
 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.

co-Sponsors

View additional co-sponsors

2021-S2962A - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4003
2023-2024: S1292
2025-2026: S1343

2021-S2962A - Summary

2021-S2962A - Sponsor Memo

                                
 
BILL NUMBER: S2962A

SPONSOR: PARKER
 
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 environment. 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 emis-
sion 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:

2021/22 S2962 - REFERRED TO ENVIRONMENTAL CONSERVATION 2019/20 54003A -
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.

2021-S2962A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2962--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, BIAGGI, BRESLIN, COMRIE,
   GAUGHRAN, HARCKHAM,  HINCHEY,  HOYLMAN,  KAMINSKY,  KAPLAN,  KAVANAGH,
   PERSAUD,  RIVERA,  SERRANO,  SKOUFIS, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental 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 "clean fuel standard of 2021"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative findings and declarations:
   1. The transportation sector in New York is a leading source of crite-
 ria  pollutants  and the leading source of greenhouse gas emissions that
 endanger public health  and  welfare  by  causing  and  contributing  to
 increased  air  pollution  and  dangerous  climate  change.  Meeting the
 pollution reduction requirements of the Climate Leadership and  Communi-
 ties  Protection  Act will require sharp decreases in transportation-re-
 lated emissions.
   2. Shifting  from  today's  petroleum-based  transportation  fuels  to
 alternative  fuels has the potential to significantly reduce transporta-
 tion emissions of air pollutants and greenhouse gases and is recommended
 by the Intergovernmental Panel on Climate Change as an important pathway
 for holding global warming to 1.5 degrees Celsius.
   3. The Climate Leadership and Communities Protection Act  directs  the
 Department  of  Environmental  Protection to promulgate regulations that
 will reduce greenhouse gas emissions, including from on-road vehicles.
   4. New York signed a 15-state MOU to develop an action plan to  reduce
 toxic diesel emissions from medium and heavy-duty vehicles by 2050.
   5.   A  clean  fuels  standard  regulation  would  promote  innovation
 production and use of non-petroleum fuels that reduce vehicle and  fuel-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01173-03-1

 S. 2962--A                          2
 
 related  air  pollution  that  endangers  public  health and welfare and
 disproportionately impacts disadvantaged communities.
   § 2. Short title. This act may be known and may be cited as the "clean
 fuel standard of 2021".
   §  3.  The  environmental  conservation law is amended by adding a new
 section 19-0329 to read as follows:
 § 19-0329. CLEAN FUEL STANDARD.
   (1) A CLEAN FUEL STANDARD IS HEREBY ESTABLISHED. THE CLEAN FUEL STAND-
 ARD IS INTENDED TO REDUCE CARBON INTENSITY FROM THE ON-ROAD  TRANSPORTA-
 TION  SECTOR  BY  TWENTY  PERCENT  BY  TWO THOUSAND THIRTY, WITH FURTHER
 REDUCTIONS TO BE IMPLEMENTED BASED UPON ADVANCES IN TECHNOLOGY AS DETER-
 MINED BY THE COMMISSIONER.  AVIATION FUELS SHALL BE  EXEMPTED  FROM  THE
 CLEAN  FUEL STANDARD DUE TO FEDERAL PREEMPTION, BUT SUSTAINABLE AVIATION
 FUEL SHALL BE ELIGIBLE TO GENERATE CREDITS ON AN OPT-IN BASIS.
   (2) THE CLEAN FUEL STANDARD SHALL APPLY TO ALL PROVIDERS OF  TRANSPOR-
 TATION FUELS, INCLUDING ELECTRICITY, 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 THE CLEAN  FUEL
 STANDARD SHALL RECEIVE CREDITS THAT MAY BE APPLIED TO FUTURE OBLIGATIONS
 OR  TRADED TO PROVIDERS NOT MEETING THE CLEAN FUEL STANDARD.  THE GENER-
 ATION OF  CREDITS  MUST  USE  A  LIFECYCLE  EMISSIONS  PERFORMANCE-BASED
 APPROACH THAT IS TECHNOLOGY AND FEEDSTOCK NEUTRAL TO ACHIEVE FUEL DECAR-
 BONIZATION.  IN  ADDITION  TO  FUEL  DECARBONIZATION,  CREDITS GENERATED
 THROUGH THE USE OF CLEAN FUEL TYPES WILL  HELP  PROMOTE  INNOVATION  AND
 INVESTMENT  IN  SUCH CLEAN FUELS.  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, OR ENABLERS OF
 ELECTRICITY  USED  AS  TRANSPORTATION FUEL, "CARBON INTENSITY" MEANS THE
 QUANTITY OF LIFECYCLE GREENHOUSE GAS EMISSIONS PER UNIT OF FUEL  ENERGY,
 AND  "FULL  FUELS LIFECYCLE" MEANS THE AGGREGATE OF GREENHOUSE GAS EMIS-
 SIONS, INCLUDING DIRECT EMISSIONS AND  SIGNIFICANT  INDIRECT  EMISSIONS,
 SUCH AS SIGNIFICANT EMISSIONS 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 BASED ON THE BEST AVAILABLE SCIENCE.
   (3) WITHIN TWENTY-FOUR MONTHS FOLLOWING ADOPTION  OF  THE  CLEAN  FUEL
 STANDARD,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE  REGULATIONS
 ESTABLISHING A CLEAN FUEL STANDARD WITH PERFORMANCE OBJECTIVES TO IMPLE-
 MENT  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 CLAS-
 SIFIED  BY  THE  FEDERAL HIGHWAY ADMINISTRATION. THE CLEAN FUEL STANDARD
 SHALL TAKE INTO CONSIDERATION THE LOW CARBON FUEL  STANDARD  ADOPTED  IN
 CALIFORNIA  AND  OTHER  STATES,  MAY  RELY  UPON THE CARBON INTENSITY 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.

 S. 2962--A                          3
 
   (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 CLEAN FUEL STANDARD.
   (5)  WITHIN  TWENTY-FOUR  MONTHS FOLLOWING THE ADOPTION OF REGULATIONS
 IMPLEMENTING A CLEAN 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 CLEAN
 FUEL STANDARD AND TARGETS FOR FUTURE REDUCTIONS IN GREENHOUSE GAS  EMIS-
 SIONS 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.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S2962B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4003
2023-2024: S1292
2025-2026: S1343

2021-S2962B (ACTIVE) - Summary

2021-S2962B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2962B

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing the "clean fuel standard of 2022"

 
PURPOSE:

This legislation amends 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 to achieve
the goals set forth in the climate leadership and community protection
act.

 
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 19-0329 to 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 the regulations to
consider the low carbon fuel standard adopted in California and other
states; include coordination with other northeastern states to promote
regional solutions to reduce GHG emissions; and include fees for regis-
tering providers to offset implementation costs. The legislation
requires electric utilities, state agencies, and authorities to invest
or direct forty percent of the entity's earned credit value to electri-
fied transportation programs, projects or investments to directly bene-
fit disadvantaged communities. This program is intended to be similar to
the California low carbon fuel standard, which is promoting reductions
in GHG emissions in the transportation sector by assigning carbon inten-
sity 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. The commissioner shall report to the legis-
lature within twenty-four months following adoption of the regulations.

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's transportation economy currently relies almost entirely on
petroleum-based fuels to meet a substantial percent of its transporta-
tion needs, particularly the transportation needs for medium and large
trucks. Increased concentrations of ground-level ozone - directly
related to GHG emissions - can promote respiratory illness in children
and the elderly and exacerbate pre-existing respiratory illnesses. This
can result in significant hospitalization 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; 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 ozone,
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,
these efforts are not enough to address the transportation sector
threats.

In addition to the environmental benefits of reducing GHG emissions,
there are significant economic benefits associated with greater fuel
diversity and innovation towards low emissions solutions in the trans-
portation sector. New York's dependence on a single type of transporta-
tion fuel, whose price is highly volatile, imperils our economic securi-
ty, endangers our jobs, and jeopardizes our industries. Diversifying the
sources of transportation fuel helps 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, nor do they
promote new, innovative technologies that account for the full lifecycle
of transportation fuels.

 
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:
Immediately.

2021-S2962B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2962--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  ADDABBO, BAILEY, BIAGGI, BOYLE, BRESLIN,
   BRISPORT,  BROOKS,  BROUK,   COMRIE,   COONEY,   GAUGHRAN,   GIANARIS,
   GOUNARDES,  HARCKHAM,  HINCHEY,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN,
   KAVANAGH, KENNEDY, KRUEGER,  LIU,  MANNION,  MARTUCCI,  MATTERA,  MAY,
   MAYER,  MYRIE,  OBERACKER, PALUMBO, PERSAUD, REICHLIN-MELNICK, RIVERA,
   SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,  SERRANO,  SKOUFIS,  STAVISKY,
   THOMAS, WEIK -- read twice and ordered printed, and when printed to be
   committed  to the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Environmental
   Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- 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 "clean fuel standard of 2022"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declarations:
   1. The transportation sector in New York is a leading source of crite-
 ria pollutants and the leading source of greenhouse gas  emissions  that
 endanger  public  health  and  welfare  by  causing  and contributing to
 increased air  pollution  and  dangerous  climate  change.  Meeting  the
 pollution  reduction requirements of the Climate Leadership and Communi-
 ties Protection Act will require sharp decreases  in  transportation-re-
 lated emissions.
   2.  Shifting  from  today's  petroleum-based  transportation  fuels to
 alternative fuels has the potential to significantly reduce  transporta-
 tion emissions of air pollutants and greenhouse gases and is recommended
 by the Intergovernmental Panel on Climate Change as an important pathway
 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.
                                                            LBD01173-05-2
 S. 2962--B                          2

 
   3.  The  Climate Leadership and Communities Protection Act directs the
 Department of Environmental Protection to  promulgate  regulations  that
 will reduce greenhouse gas emissions, including from on-road vehicles.
   4.  New York signed a 15-state MOU to develop an action plan to reduce
 toxic diesel emissions from medium and heavy-duty vehicles by 2050.
   5.  A  clean  fuels  standard  regulation  would  promote   innovation
 production  and use of non-petroleum fuels that reduce vehicle and fuel-
 related air pollution that  endangers  public  health  and  welfare  and
 disproportionately impacts disadvantaged communities.
   § 2. Short title. This act may be known and may be cited as the "clean
 fuel standard of 2022".
   §  3.  The  environmental  conservation law is amended by adding a new
 section 19-0331 to read as follows:
 § 19-0331. CLEAN FUEL STANDARD.
   (1) A CLEAN FUEL STANDARD IS HEREBY ESTABLISHED. THE CLEAN FUEL STAND-
 ARD IS INTENDED TO REDUCE CARBON INTENSITY FROM THE ON-ROAD  TRANSPORTA-
 TION  SECTOR  BY  TWENTY  PERCENT  BY  TWO THOUSAND THIRTY, WITH FURTHER
 REDUCTIONS TO BE IMPLEMENTED BASED UPON ADVANCES IN  TECHNOLOGY  AND  TO
 SUPPORT  ACHIEVING  THE  GOALS  OF  THE  CLIMATE ACTION PLAN ESTABLISHED
 PURSUANT TO SECTION 75-0103 OF THIS CHAPTER AS DETERMINED BY THE COMMIS-
 SIONER.  AVIATION FUELS SHALL BE EXEMPTED FROM THE CLEAN  FUEL  STANDARD
 DUE TO FEDERAL PREEMPTION, BUT SUSTAINABLE AVIATION FUEL SHALL BE ELIGI-
 BLE TO GENERATE CREDITS ON AN OPT-IN BASIS.
   (2)  THE CLEAN FUEL STANDARD SHALL APPLY TO ALL PROVIDERS OF TRANSPOR-
 TATION FUELS, INCLUDING ELECTRICITY, 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 THE CLEAN FUEL
 STANDARD SHALL RECEIVE CREDITS THAT MAY BE APPLIED TO FUTURE OBLIGATIONS
 OR TRADED TO PROVIDERS NOT MEETING THE CLEAN FUEL STANDARD.  THE  GENER-
 ATION  OF  CREDITS  MUST  USE  A  LIFECYCLE  EMISSIONS PERFORMANCE-BASED
 APPROACH THAT IS TECHNOLOGY AND FEEDSTOCK NEUTRAL TO ACHIEVE FUEL DECAR-
 BONIZATION. IN  ADDITION  TO  FUEL  DECARBONIZATION,  CREDITS  GENERATED
 THROUGH  THE  USE  OF  CLEAN FUEL TYPES WILL HELP PROMOTE INNOVATION AND
 INVESTMENT IN SUCH CLEAN FUELS.  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, OR ENABLERS OF
 ELECTRICITY USED AS TRANSPORTATION FUEL, "CARBON  INTENSITY"  MEANS  THE
 QUANTITY  OF LIFECYCLE GREENHOUSE GAS EMISSIONS PER UNIT OF FUEL ENERGY,
 AND "FULL FUELS LIFECYCLE" MEANS THE AGGREGATE OF GREENHOUSE  GAS  EMIS-
 SIONS,  INCLUDING  DIRECT  EMISSIONS AND SIGNIFICANT INDIRECT EMISSIONS,
 SUCH AS SIGNIFICANT EMISSIONS FROM LAND USE CHANGES AS DETERMINED BY THE
 COMMISSIONER. THE FULL FUELS LIFECYCLE SHALL BE  ASSESSED  ANNUALLY  AND
 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 BASED ON THE BEST AVAILABLE SCIENCE.
   (3)  WITHIN  TWENTY-FOUR  MONTHS  FOLLOWING ADOPTION OF THE CLEAN FUEL
 STANDARD, THE COMMISSIONER, IN CONSULTATION  WITH  THE  NEW  YORK  STATE
 ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE REGULATIONS
 ESTABLISHING A CLEAN FUEL STANDARD WITH PERFORMANCE OBJECTIVES TO IMPLE-
 MENT SUBDIVISION ONE OF THIS SECTION. SUCH  REGULATIONS  MAY  BE  PHASED
 INTO  EFFECT  GIVING  PRIORITY  TO  THE HEAVY-DUTY TRANSPORTATION SECTOR
 S. 2962--B                          3
 
 CONSISTING OF VEHICLES WITH THE CLASSIFICATION OF SIX OR HIGHER AS CLAS-
 SIFIED BY THE FEDERAL HIGHWAY ADMINISTRATION. THE  CLEAN  FUEL  STANDARD
 SHALL  TAKE  INTO  CONSIDERATION THE LOW CARBON FUEL STANDARD ADOPTED IN
 CALIFORNIA  AND  OTHER  STATES,  MAY  RELY  UPON THE CARBON INTENSITY 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 CLEAN FUEL STANDARD.
   (5) INVESTMENT OF  FUNDS.  ELECTRIC  UTILITIES,  STATE  AGENCIES,  AND
 AUTHORITIES,  IN CONSULTATION WITH THE CLIMATE JUSTICE WORKING GROUP AND
 THE CLIMATE ACTION COUNCIL ESTABLISHED PURSUANT TO  SECTION  75-0103  OF
 THIS CHAPTER, SHALL, TO  THE EXTENT PRACTICABLE, INVEST OR DIRECT AVAIL-
 ABLE  AND  RELEVANT  PROGRAMMATIC  RESOURCES TO PROVIDE FORTY PERCENT OF
 SUCH ELECTRIC UTILITY'S, STATE AGENCY'S, OR AUTHORITY'S  OVERALL  CREDIT
 VALUE  ON  ELECTRIFIED TRANSPORTATION PROGRAMS, PROJECTS, OR INVESTMENTS
 TO DIRECTLY BENEFIT DISADVANTAGED COMMUNITIES, INCLUDING, BUT NOT LIMIT-
 ED TO, ELECTRIFICATION AND BATTERY SWAP PROGRAMS FOR SCHOOL  OR  TRANSIT
 BUSES;  ELECTRIFICATION OF DRAYAGE TRUCKS; INVESTMENT IN PUBLIC ELECTRIC
 VEHICLE CHARGING INFRASTRUCTURE AND ELECTRIC  VEHICLE  CHARGING  INFRAS-
 TRUCTURE  IN  MULTI-FAMILY  RESIDENCES;  INVESTMENT IN ELECTRIC MOBILITY
 SOLUTIONS SUCH AS ELECTRIC VEHICLE SHARING AND  RIDE  HAILING  PROGRAMS;
 MULTILINGUAL  MARKETING,  EDUCATION,  AND  OUTREACH DESIGNED TO INCREASE
 AWARENESS AND ADOPTION OF ELECTRIC VEHICLES; AND ADDITIONAL REBATES  AND
 INCENTIVES  FOR  LOW-INCOME  INDIVIDUALS BEYOND EXISTING LOCAL, FEDERAL,
 AND STATE REBATES AND INCENTIVES.
   (6) WITHIN TWENTY-FOUR MONTHS FOLLOWING THE  ADOPTION  OF  REGULATIONS
 IMPLEMENTING A CLEAN 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  CLEAN
 FUEL  STANDARD AND TARGETS FOR FUTURE REDUCTIONS IN GREENHOUSE GAS EMIS-
 SIONS FROM THE TRANSPORTATION SECTOR.
   (7) NOTHING IN THIS SECTION SHALL PRECLUDE THE DEPARTMENT FROM  ENACT-
 ING  OR  MAINTAINING  OTHER  PROGRAMS TO REDUCE GREENHOUSE GAS EMISSIONS
 FROM THE TRANSPORTATION SECTOR.
   § 4. This act shall take effect immediately.

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