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--- version:As IntroducedOpens in a new window+++ version:(document, no version)@@ -1,161 +1,15 @@-BILL AS INTRODUCED S.171-2026 Page 1 of 7+S.171-VT LEG #384977 v.1-S.171 1-Introduced by Senator White 2-Referred to Committee on 3-Date: 4-Subject: Climate change; air pollution; transportation; fuels 5-Statement of purpose of bill as introduced: This bill proposes to direct the 6-Commissioner of Environmental Conservation to adopt rules to implement the 7-Clean Fuels Program. 8-An act relating to the Clean Fuels Program 9-It is hereby enacted by the General Assembly of the State of Vermont: 10-Sec. 1. 23 V.S.A. chapter 43 is added to read: 11-CHAPTER 43. CLEAN FUELS PROGRAM 12-§ 4301. DEFINITIONS 13-As used in this chapter: 14-(1) “Greenhouse gas” has the same meaning as in 10 V.S.A. § 552. 15-(2) “Low carbon fuel standards” means standards for the reduction of 16-greenhouse gas emissions, on average, per unit of fuel energy. 17-(3) “Motor vehicle” has the same meaning as in section 4 of this title. 18-BILL AS INTRODUCED S.171-2026 Page 2 of 7+An act relating to the Clean Fuels Program-VT LEG #384977 v.1-§ 4302. CLEAN FUELS PROGRAM 1-(a) The Commissioner of Environmental Conservation shall adopt, by rule, 2-low carbon fuel standards for gasoline, diesel, and fuels used as substitutes for 3-gasoline or diesel, which shall be the basis of the Clean Fuels Program. 4-(b) The Commissioner may adopt the following related to the standards, 5-including: 6-(1) a schedule to phase in implementation of the standards in a manner 7-that reduces the average amount of greenhouse gas emissions per unit of fuel 8-energy of the fuels by 10 percent below 2018 levels by the year 2030 or by a 9-later date if the Commissioner determines that an extension is appropriate to 10-implement the standards; 11-(2) standards for greenhouse gas emissions attributable to the fuels 12-throughout their lifecycles, including emissions from the production, storage, 13-transportation, and combustion of the fuels and from changes in land use 14-associated with the fuels; 15-(3) provisions allowing the use of all types of low carbon fuels to meet 16-the low carbon fuel standards, including biofuels, biogas, natural gas, liquefied 17-petroleum gas, gasoline, diesel, hydrogen, and electricity; 18-(4) standards for the issuance of deferrals, established with adequate 19-lead time, as necessary to ensure adequate fuel supplies; 20-BILL AS INTRODUCED S.171-2026 Page 3 of 7+Sponsors:-VT LEG #384977 v.1-(5) exemptions for fuels that are used in volumes below thresholds 1-established by the Commissioner; 2-(6) standards, specifications, testing requirements, and other measures as 3-needed to ensure the quality of fuels produced in accordance with the low 4-carbon fuel standards, including the requirements for motor fuel quality; and 5-(7) adjustments to the amounts of greenhouse gas emissions per unit of 6-fuel energy assigned to fuels for combustion and drivetrain efficiency. 7-(c) Before adopting standards under this section, the Commissioner shall 8-consider the low carbon fuel standards of other states, including Washington 9-and Oregon, for the purpose of determining schedules and goals for the 10-reduction of the average amount of greenhouse gas emissions per unit of fuel 11-energy and the default values for these reductions for applicable fuels. 12-(d) The Commissioner shall provide exemptions and deferrals as necessary 13-to mitigate the costs of complying with the low carbon fuel standards upon a 14-finding that the 12-month rolling weighted average price of gasoline or diesel 15-in Vermont is not competitive with the 12-month rolling weighted average 16-price in New England. 17-(e) The Commissioner shall adopt, by rule, provisions for managing and 18-containing the costs of compliance with the standards, including provisions to 19-facilitate compliance with the standards by ensuring that persons may obtain 20-BILL AS INTRODUCED S.171-2026 Page 4 of 7+Sen. Rebecca White,-VT LEG #384977 v.1-credits for fuels used as substitutes for gasoline or diesel and by creating 1-opportunities for persons to trade credits. 2-(f) The Commissioner shall exempt from the standards any person who 3-imports in a calendar year less than 500,000 gallons of gasoline and diesel fuel 4-in total. Any fuel imported by persons that are related or share common 5-ownership or control shall be aggregated together to determine whether a 6-person is exempt under this subsection. 7-(g)(1) The Commissioner, by rule, shall prohibit fuels that contain biodiesel 8-from being considered an alternative fuel under these standards unless the fuel 9-meets the following standards: 10-(A) Fuel that consists entirely of biodiesel, designated as B100, shall 11-comply with ASTM D6751 and shall have an oxidation stability induction 12-period of not less than eight hours as determined by the test method described 13-in European standard EN 15751. 14-(B) Fuel that consists of a blend of diesel fuel and between six and 15-20 volume percent biodiesel, and designated as biodiesel blends B6 to B20, 16-shall comply with ASTM D7467 and shall have an oxidation stability 17-induction period of not less than 20 hours as determined by the test method 18-described in European standard EN 15751. 19-(2) The Commissioner may adopt rules different from those required 20-under subdivision (1) of this subsection if an ASTM or EN standard applicable 21-BILL AS INTRODUCED S.171-2026 Page 5 of 7+Location: Senate Committee on Natural Resources and Energy-VT LEG #384977 v.1-to biodiesel is approved or amended after the effective date of this act or if the 1-Commissioner finds that different rules are necessary due to changes in 2-technology or fuel testing or production methods. 3-(3) As used in this subsection, “biodiesel” means a motor vehicle fuel 4-consisting of mono-alkyl esters of long chain fatty acids derived from 5-vegetable oils, animal fats, or other nonpetroleum resources, not including 6-palm oil. 7-(h) In adopting rules under this section, the Commissioner shall evaluate: 8-(1) safety, feasibility, net reduction of greenhouse gas emissions, and 9-cost-effectiveness; 10-(2) potential adverse impacts to public health and the environment, 11-including air quality, water quality, and the generation and disposal of waste in 12-this State; 13-(3) flexible implementation approaches to minimize compliance costs; 14-and 15-(4) technical and economic studies of comparable greenhouse gas 16-emissions reduction measures implemented in other states and any other 17-studies as determined by the Commissioner. 18-(i)(1) The provisions of this section shall not apply to fuel that is 19-demonstrated to have been used in any of the following: 20-BILL AS INTRODUCED S.171-2026 Page 6 of 7+Last Recorded Action: 1/6/2026 - Read 1st time & referred to Committee on Natural Resources and Energy-VT LEG #384977 v.1-(A) motor vehicles used solely as farm vehicles; 1-(B) motor vehicles used primarily to transport logs; 2-(C) motor vehicles that are not designed primarily to transport 3-persons or property, that are operated on highways only incidentally, and that 4-are used primarily for construction work; 5-(D) watercraft; and 6-(E) railroad locomotives. 7-(2) The Commissioner shall, by rule, adopt standards for persons to 8-qualify for the exemptions provided in this subsection. 9-Sec. 2. IMPLEMENTATION 10-(a) Public engagement process. Before commencing rulemaking, the 11-Commissioner of Environmental Conservation shall use the forms of public 12-engagement described in this subsection to inform the design and 13-implementation of the Clean Fuels Standard. Any failure by the Department of 14-Environmental Conservation to meet the specific procedural requirements of 15-this section shall not affect the validity of the Commissioner’s actions. 16-(1) The Department of Environmental Conservation shall hold at least 17-six public meetings, and of those meetings, at least three shall allow members 18-of the public to participate in person and remotely. 19-(2) The meetings shall be held in at least six different geographically 20-diverse counties of the State. 21-BILL AS INTRODUCED S.171-2026 Page 7 of 7+Committee Activity - Witnesses Who Testified-VT LEG #384977 v.1-(3) The meetings shall be recorded and posted on the Department’s 1-website. 2-(4) The Commissioner shall consult with the Agency of Transportation 3-and the Department of Public Service on the design of the Clean Fuels 4-Program. 5-(b) Interim reports. On or before September 1, 2027, and March 1, 2028, 6-the Commissioner shall submit to the General Assembly an interim report on 7-the development of the Clean Fuels Program. 8-(c) Final rules. On or before January 15, 2029, the Commissioner shall file 9-the final proposed rules on the Clean Fuels Program with the Secretary of 10-State. 11-Sec. 3. EFFECTIVE DATE 12-This act shall take effect on July 1, 2026. 13+Regular Session 2025-2026
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