BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 692


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          Date of Hearing:  April 29, 2015


           ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW


                                  Rudy Salas, Chair


          AB 692  
          (Quirk) - As Amended April 20, 2015


          SUBJECT:  Low-carbon transportation fuels


          SUMMARY:  Requires each state agency that is a buyer of  
          transportation fuels to buy 3% of very low carbon transportation  
          fuels (VLCF), as defined, beginning January 1, 2017, increasing  
          by 1% per year thereafter until 2024.  Specifically, this bill:





          1)Declares that increasing the supply of low carbon fuels will  
            help the state achieve its green house gas (GHG) reduction  
            goals, but that existing incentives have not resulted in  
            sufficient development.



          2)Requires, beginning January 1, 2017, the Department of  
            Transportation (CalTrans), the Department of General Services  
            (DGS), and any other state agency that is a buyer of  
            transportation fuels, to procure 3% of the total amount of  
            fuel purchased from VLCF sources.  Requires that amount to  
            increase by 1% every year until January 1, 2024, at which time  
            the amount would be 10%.








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          3)Requires each state agency to submit a report to the  
            Legislature each year from 2018 to 2026.



          4)Defines VLCF as a liquid or gaseous fuel having no greater  
            than 40% the carbon intensity of the closest comparable  
            petroleum fuel, as measured by the low carbon fuel standards  
            (LCFS) methodology.



          5)Provides that this bill does not replace or modify any  
            existing standards or requirements imposed by the LCFS  
            regulation.



          EXISTING LAW:  


          1)Requires, under the California Global Warming Solutions Act  
            (AB  32), the Air Resources Board (ARB) to adopt a statewide  
            GHG emissions limit equivalent to 1990 levels by 2020 and to  
            adopt rules and regulations to achieve maximum technologically  
            feasible and cost-effective GHG emission reductions.



          2)Establishes, via Executive Order S-01-07, a statewide goal to  
            reduce the carbon intensity of California's transportation  
            fuels by at least 10% by 2020.



          FISCAL EFFECT:  Unknown








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          COMMENTS:  This bill was double referred to the Assembly  
          Committee on Natural Resources, which considered the merits of  
          this bill by focusing on the states air quality goals, GHG  
          emission reductions and the role of the LCFS program.  This  
          analysis will focus on the jurisdictional issues of the Assembly  
          Accountability and Administrative Review Committee, including  
          fuel procurement, agency capacity and the program reporting  
          specified in this bill.



          In order to achieve the goals set out in this bill, capacity  
          must be established in three different areas.  First, there must  
          be a market that is able to provide types, quality and  
          quantities of VLCFs to state agencies.  Second, state agencies  
          must have the capacity to store and distribute these alternate  
          fuels to the appropriate vehicles within their fleets.  Finally,  
          state agencies must have enough vehicles within their fleets to  
          consume the requisite percentage of total fuel usage.  


          Recent author's amendments reduce the size of the fuel market  
          that agencies could participate by reducing the required carbon  
          intensity for VLCFs from 50% to 40%.  This change effectively  
          reduces the use of conventional crop-based fuels, such as  
          sugarcane ethanol, and focuses more on local, waste-based fuels,  
          such as biomethane.  Although this does promote the development  
          of VLCFs, it also reduces the size of the fuel market that  
          agencies must utilize.  However, the entry of the State of  
          California into VLCF markets will significantly increase demand.  
           Increased demand will eventually lead to increased capacity to  
          meet this demand.  It is unclear whether increased market  
          capacity will develop at a pace required to meet the state's  
          demand.











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          State agencies must be able to procure, store and distribute  
          VLCFs in a cost effective manner to the appropriate vehicles in  
          the field.  Some VLCFs are able to be mixed in to existing  
          fuels, while others are not and need to be handled separately.   
          Inquiries to state agencies have begun the process of developing  
          data on fuel storage and distribution capacities, but to date,  
          no data has been received to inform this issue.  To the extent  
          that agencies must create new processes to handle, store and  
          distribute these fuels, new cost will be incurred.





          Ultimately, to achieve the goals set out in this bill, the state  
          must have enough vehicles in the fleet to consume the  
          appropriate percentage of VLCFs.  Over time, state agencies can  
          replace aging traditional vehicles with vehicles that can  
          consume VLCFs, thus steadily increasing VLCF use and decreasing  
          carbon emissions.  Again, inquiries to state agencies have begun  
          the process of developing data on the percentage of vehicles  
          that can use VLCFs, but to date, no data has been received to  
          inform this issue.





          This bill contains reporting language that requires each state  
          agency to report to the Legislature the progress of the low  
          carbon transportation fuel program.  The author may wish to  
          consider designating a single state agency (i.e. ARB, DGS) to  
          collect data from individual state agencies and report to the  
          Legislature both individual state agency data, as well as,  
          aggregate data that provides a statewide perspective.










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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Biodico Sustainable Biorefineries


          California Biodiesel Alliance


          Coalition for Renewable Natural Gas


          Dupont




          Opposition


          None on file




          Analysis Prepared by:William Herms / A. & A.R. / (916) 319-3600













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