BILL NUMBER: S1292A
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing the "clean fuel standard of 2024"
 
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 19-0333 to require the Department of Environmental Conservation
(DEC), 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. Other than aviation fuels which are pre-
empted by federal law, the standard will apply to all providers of
transportation fuels, including electricity, and is intended to reduce
greenhouse gas intensity from the on-road transportation sector by at
least twenty percent by 2032. The legislation further requires the regu-
lations to consider the low carbon fuel standard adopted in 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. To ensure program
integrity and environmental protection, the bill requires DEC to impose
strict accounting and reporting requirements for determining lifecycle
emissions, including consideration for indirect emissions and environ-
mental consequences. The legislation requires electric utilities, state
agencies, and authorities, in consultation with the climate justice
working group and climate action council, to invest or direct, to the
extent practicable, forty percent of the entity's earned credit value to
electrified transportation programs, projects or investments to directly
benefit disadvantaged communities. This program is intended to be simi-
lar to low carbon fuel standards in states such as California, by
promoting reductions in GHG emissions in the transportation sector by
assigning greenhouse gas intensity values to all fuels, taking into
account the entire lifecycle of the fuel, and requiring high greenhouse
gas fuels to promote low greenhouse gas fuels through a credit mech-
anism. The commissioner shall report to the legislature within twenty-
four months following adoption of the regulations.
This section also grants DEC the power to defer the program in the event
of emergency or forecasted conditions.
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 is having adverse impacts on human health and the envi-
ronment. 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
adversely impacts New York State's 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.
Greater fuel diversity and innovation towards low emissions solutions in
the transportation sector also provides significant economic benefit.
New York's existing dependence on a single type of transportation fuel
whose price is highly volatile - imperils our economic security, endan-
gers our jobs, and jeopardizes our industries. Diversifying the sources
of transportation fuel helps to 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:
2023 S1292 - PASSED SENATE
2021/22 S2962A - COMMITTED TO RULES
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:
Immediately.