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General Assembly Substitute Bill No. 5440
February Session, 2024
AN ACT CONCERNING LIFECYCLE GREENHOUSE GAS EMISSIONS
OF BIOFUELS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 22a-200b of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2024): 3
(a) The Commissioner of Energy and Environmental Protection shall, 4
with the advice and assistance of a nonprofit association organized to 5
provide scientific, technical, analytical and policy support to the air 6
quality and climate programs of northeastern states: (1) Not later than 7
December 1, 2009, publish an inventory of greenhouse gas emissions to 8
establish a baseline for such emissions for the state and publish a 9
summary of greenhouse gas emission reduction strategies on the 10
Department of Energy and Environmental Protection's Internet web 11
site, (2) not later than July 1, 2010, publish results of various modeling 12
scenarios concerning greenhouse gas emissions, including, but not 13
limited to, an evaluation of the potential economic and environmental 14
benefits and opportunities for economic growth based on such 15
scenarios, (3) not later than July 1, 2011, analyze greenhouse gas 16
emission reduction strategies and, after an opportunity for public 17
comment, make recommendations on which such strategies will achieve 18
the greenhouse gas emission levels specified in section 22a-200a, and (4) 19
not later than July 1, 2012, and every three years thereafter, develop, 20 Substitute Bill No. 5440
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with an opportunity for public comment, a schedule of recommended 21
regulatory actions by relevant agencies, policies and other actions 22
necessary to show reasonable further progress towards achieving the 23
greenhouse gas emission levels specified in section 22a-200a. On and 24
after October 1, 2024, any report or inventory that the commissioner 25
publishes pursuant to this section that analyzes or models greenhouse 26
gas emissions shall measure lifecycle greenhouse gas emissions using 27
the Argonne National Laboratory's greenhouse gases, regulated 28
emissions, and energy use in technologies model, or a successor model. 29
Sec. 2. Section 22a-200d of the general statutes is repealed and the 30
following is substituted in lieu thereof (Effective October 1, 2024): 31
In order to achieve the emission reduction requirements established 32
in section 22a-200a, the state shall implement the following: 33
(1) The Department of Energy and Environmental Protection shall 34
monitor the development of low-carbon fuel standards in other states or 35
jurisdictions, evaluate the potential of any such standard to achieve net 36
carbon reductions, and [assess whether the analytical framework used 37
to determine the carbon benefit measures] analyze the full lifecycle of 38
greenhouse gas emissions, including direct and indirect emissions of 39
greenhouse gas caused by changes in land use or other factors. [Such 40
assessment] The department shall [include, but not be limited to, the 41
modeling tools developed by the California Air Resources Board and 42
the United States Environmental Protection Agency. The analytical 43
framework used to measure actual lifecycle greenhouse gas emissions 44
for fuel shall include all stages of fuel and feedstock production, 45
delivery and use of the finished fuel to the ultimate consumer, and shall 46
adjust the mass values for all greenhouse gas emissions relative to such 47
emissions' relative global warming potential] perform such analysis 48
using the Argonne National Laboratory's greenhouse gases, regulated 49
emissions, and energy use in technologies model, or a successor model. 50
(2) The Department of Transportation shall, within available 51
appropriations, continue to investigate the potential for improvements 52 Substitute Bill No. 5440
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to the state's transportation system that will reduce greenhouse gas 53
emissions and coordinate with the northeastern states on regional 54
strategies to incorporate greenhouse gas emission reductions into 55
regional transportation planning, including, but not limited to, high 56
speed rail, light-rail passenger service and freight rail service within the 57
northeast region. 58
(3) The Department of Energy and Environmental Protection may 59
work with interested states and Canadian provinces to develop and 60
implement market-based compliance mechanisms to achieve the 61
greenhouse gas levels and limits established by section 22a-200a, 62
including, but not limited to, cap and trade programs. 63
Sec. 3. Subsection (e) of section 16a-3d of the general statutes is 64
repealed and the following is substituted in lieu thereof (Effective October 65
1, 2024): 66
(e) For the Comprehensive Energy Strategy next approved after 67
October 1, [2021] 2024, and every Comprehensive Energy Strategy 68
prepared thereafter, the Commissioner of Energy and Environmental 69
Protection shall consider: (1) [the] The reductions in greenhouse gas 70
emissions resulting from the use of low-carbon fuel blends [used] in 71
home heating oil, as measured on a [life-cycle] lifecycle basis [,] using 72
the Argonne National Laboratory's greenhouse gases, regulated 73
emissions, and energy use in technologies model, or a successor model; 74
(2) possible contributions to the state's greenhouse gas emissions 75
mandated levels, pursuant to section 22a-200a, in connection with the 76
reduction of greenhouse gas emissions on a [life-cycle] lifecycle basis; [,] 77
(3) the ability of a thermal portfolio standard to further reductions in 78
greenhouse gas emissions, as measured on a [life-cycle] lifecycle basis [, 79
and (4)] using the Argonne National Laboratory's greenhouse gases, 80
regulated emissions, and energy use in technologies model, or a 81
successor model; and (4) five-year, ten-year and twenty-year projections 82
that compare the relative value of [the] (A) reductions in greenhouse gas 83
emissions [on a life-cycle basis] achieved by biodiesel and other low-84
carbon fuel blends currently used [currently] in the state, [compared 85 Substitute Bill No. 5440
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with the value of future projected] as measured on a lifecycle basis using 86
the Argonne National Laboratory's greenhouse gases, regulated 87
emissions, and energy use in technologies model, or a successor model, 88
and (B) reductions in greenhouse gas emissions [reductions] achieved 89
by the retail heating oil industry, as measured on a [life-cycle] lifecycle 90
basis [five, ten, and twenty years into the future using the Department 91
of Energy and Environmental Protections' contemporaneous projection 92
of renewable energy utilized] using the Argonne National Laboratory's 93
greenhouse gases, regulated emissions, and energy use in technologies 94
model, or a successor model. 95
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 22a-200b(a)
Sec. 2 October 1, 2024 22a-200d
Sec. 3 October 1, 2024 16a-3d(e)
Statement of Legislative Commissioners:
In Section 3, "2023" was changed to "2024" for accuracy and consistency
with standard drafting conventions.
ET Joint Favorable C/R ENV
ENV Joint Favorable Subst.-LCO