AB 2870: 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.