BILL ANALYSIS Ó AB 692 Page 1 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%. AB 692 Page 2 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 AB 692 Page 3 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. AB 692 Page 4 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. AB 692 Page 5 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 AB 692 Page 6