Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2870Introduced by Assembly Member Muratsuchi(Coauthor: Senator Allen)February 15, 2024An act to add Section 39730.9 to Chapter 4.4 (commencing with Section 39745) to Part 2 of Division 26 of the Health and Safety Code, relating to greenhouse gases.LEGISLATIVE COUNSEL'S DIGESTAB 2870, as amended, Muratsuchi. Low-Carbon Low Carbon Fuel Standard regulations: carbon intensity calculation: avoided methane emissions from livestock manure: prohibition.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low-Carbon Low Carbon Fuel Standard regulations. Existing law requires the state board to provide guidance on credits generated pursuant to the Low-Carbon Low Carbon Fuel Standard regulations adopted pursuant to the act from the methane reduction protocols described in the comprehensive strategy for short-lived climate pollutants.This bill would prohibit the state board from including avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, and would prohibit a fuel pathway holder from including avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, as provided. The bill would define avoided methane emissions to mean any captured methane from livestock manure management.The Low-Carbon Low Carbon Fuel Standard regulations authorize a fuel pathway that uses biomethane from dairy cattle or swine manure digestion to be certified with a carbon intensity that reflects the reduction of greenhouse gas emissions achieved by the voluntary capture of methane, subject to meeting specified requirements. The regulations also require the carbon intensities that reflect avoided methane emissions from dairy and swine manure projects to meet certain requirements in order to be eligible for credit generation.This bill would provide that the Low-Carbon Low Carbon Fuel Standard regulations described above are null and void as applied to fuels derived from livestock manure.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 4.4 (commencing with Section 39745) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.SECTION 1.Section 39730.9 is added to the Health and Safety Code, to read:39730.9.(a)The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, nor shall a fuel pathway holder include avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b)For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c)Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2870Introduced by Assembly Member Muratsuchi(Coauthor: Senator Allen)February 15, 2024An act to add Section 39730.9 to Chapter 4.4 (commencing with Section 39745) to Part 2 of Division 26 of the Health and Safety Code, relating to greenhouse gases.LEGISLATIVE COUNSEL'S DIGESTAB 2870, as amended, Muratsuchi. Low-Carbon Low Carbon Fuel Standard regulations: carbon intensity calculation: avoided methane emissions from livestock manure: prohibition.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low-Carbon Low Carbon Fuel Standard regulations. Existing law requires the state board to provide guidance on credits generated pursuant to the Low-Carbon Low Carbon Fuel Standard regulations adopted pursuant to the act from the methane reduction protocols described in the comprehensive strategy for short-lived climate pollutants.This bill would prohibit the state board from including avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, and would prohibit a fuel pathway holder from including avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, as provided. The bill would define avoided methane emissions to mean any captured methane from livestock manure management.The Low-Carbon Low Carbon Fuel Standard regulations authorize a fuel pathway that uses biomethane from dairy cattle or swine manure digestion to be certified with a carbon intensity that reflects the reduction of greenhouse gas emissions achieved by the voluntary capture of methane, subject to meeting specified requirements. The regulations also require the carbon intensities that reflect avoided methane emissions from dairy and swine manure projects to meet certain requirements in order to be eligible for credit generation.This bill would provide that the Low-Carbon Low Carbon Fuel Standard regulations described above are null and void as applied to fuels derived from livestock manure.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024
Amended IN Assembly April 15, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2870
Introduced by Assembly Member Muratsuchi(Coauthor: Senator Allen)February 15, 2024
Introduced by Assembly Member Muratsuchi(Coauthor: Senator Allen)
February 15, 2024
An act to add Section 39730.9 to Chapter 4.4 (commencing with Section 39745) to Part 2 of Division 26 of the Health and Safety Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2870, as amended, Muratsuchi. Low-Carbon Low Carbon Fuel Standard regulations: carbon intensity calculation: avoided methane emissions from livestock manure: prohibition.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low-Carbon Low Carbon Fuel Standard regulations. Existing law requires the state board to provide guidance on credits generated pursuant to the Low-Carbon Low Carbon Fuel Standard regulations adopted pursuant to the act from the methane reduction protocols described in the comprehensive strategy for short-lived climate pollutants.This bill would prohibit the state board from including avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, and would prohibit a fuel pathway holder from including avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, as provided. The bill would define avoided methane emissions to mean any captured methane from livestock manure management.The Low-Carbon Low Carbon Fuel Standard regulations authorize a fuel pathway that uses biomethane from dairy cattle or swine manure digestion to be certified with a carbon intensity that reflects the reduction of greenhouse gas emissions achieved by the voluntary capture of methane, subject to meeting specified requirements. The regulations also require the carbon intensities that reflect avoided methane emissions from dairy and swine manure projects to meet certain requirements in order to be eligible for credit generation.This bill would provide that the Low-Carbon Low Carbon Fuel Standard regulations described above are null and void as applied to fuels derived from livestock manure.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low-Carbon Low Carbon Fuel Standard regulations. Existing law requires the state board to provide guidance on credits generated pursuant to the Low-Carbon Low Carbon Fuel Standard regulations adopted pursuant to the act from the methane reduction protocols described in the comprehensive strategy for short-lived climate pollutants.
This bill would prohibit the state board from including avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, and would prohibit a fuel pathway holder from including avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, as provided. The bill would define avoided methane emissions to mean any captured methane from livestock manure management.
The Low-Carbon Low Carbon Fuel Standard regulations authorize a fuel pathway that uses biomethane from dairy cattle or swine manure digestion to be certified with a carbon intensity that reflects the reduction of greenhouse gas emissions achieved by the voluntary capture of methane, subject to meeting specified requirements. The regulations also require the carbon intensities that reflect avoided methane emissions from dairy and swine manure projects to meet certain requirements in order to be eligible for credit generation.
This bill would provide that the Low-Carbon Low Carbon Fuel Standard regulations described above are null and void as applied to fuels derived from livestock manure.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 4.4 (commencing with Section 39745) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.SECTION 1.Section 39730.9 is added to the Health and Safety Code, to read:39730.9.(a)The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, nor shall a fuel pathway holder include avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b)For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c)Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 4.4 (commencing with Section 39745) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
SECTION 1. Chapter 4.4 (commencing with Section 39745) is added to Part 2 of Division 26 of the Health and Safety Code, to read:
### SECTION 1.
CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure
CHAPTER 4.4. Prohibition on Avoided Methane Crediting for Fuels Derived from Livestock Manure
39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
39745. (a) The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, pursuant to the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
(b) For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.
(c) Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.
(a)The state board shall not include avoided methane emissions in the calculation of carbon intensity for purposes of the state boards evaluation or reevaluation of a fuel pathway, nor shall a fuel pathway holder include avoided methane emissions in the calculation of carbon intensity in the fuel pathway holders annual Fuel Pathway Report, pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
(b)For the purposes of this section, avoided methane emissions means any captured methane from livestock manure management.
(c)Subdivision (f) of Section 95488.9 of Title 17 of the California Code of Regulations is null and void as it applies to fuels derived from livestock manure.