California Low Carbon Fuel Standard Status Report. John D. Courtis October 17, 2011

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California Low Carbon Fuel Standard Status Report John D. Courtis October 17, 2011

Background CA legislature adopts Global Warming Solutions Act (AB 32) in 2006 Board passes LCFS April 2009 Title 17, CCR, section 95480 et seq. LCFS Board resolution includes mandated regulation reviews Title 17, CCR, section 95489 7/25/2011 2

Current Activities Implementation Advisory panel Proposed regulatory changes July 22, 2011 3

LCFS Implementation Overview became effective 2010; full implementation 2011 Expert Workgroup to address issues; report to the Board on Dec 2010 Complete development of LRT Biorefinery registration (ongoing) Approval of new pathways (ongoing) Creation of an Advisory Panel for the first review on 2011; second review 2015 Development of regulatory changes including HCICO, iluc, sustainability 4

Ethanol from Corn: % of Total Volume Reported

Total Fuel By Credit Percentages

Credits by Fuel Type, Q1, Q2

Expert Workgroup: Short-Term Recommendations Incorporate cropland pasture for U.S. and Brazil Use updated elasticity values Incorporate improved treatment of DGS Incorporate modified structure of livestock sector Use revised estimates for yield on new cropland Use revised emission factors July 22, 2011 8

New Model Revisions Under Review Update to GTAP 7 database Improved treatment of soy meal, oil, and biodiesel Revised price-yield elasticity (0.10-0.25) Endogenous yield adjustment (cropland pasture elasticity) Cropland transformation elasticity (-0.75 0.5) Increased flexibility of crop switching More comprehensive spatially explicit EFs Food consumption 9

iluc: Revisions Under Review New GTAP model was developed by Purdue Report and model published 9/13/2011. Updated version 10/11/2011 Sensitivity evaluation (on-going): Price-yield elasticity, cropland pasture elasticity, food consumption, etc Developed new emission factors and emissions factors model (review on-going) Stakeholders comments posted at ARB website Comments and model under review July 22, 2011 10

Future Schedule for iluc Pathways to be revisited for iluc Corn Ethanol, Sugarcane, Soy and Renewable Biodiesel Complete evaluation of comments, preliminary modeling results for corn ethanol, soy biodiesel, and sugarcane ethanol Additional model revisions (if needed) Mid November(?) modeling results July 22, 2011 11

Land Use Change Propose changes to regulation (mid-2012) including changes in compliance schedule Current pathways to be revisited: corn, sugarcane, biodiesel Initiate work on future pathways: palm oil, cellulosic,others Initiate work on long term recommendations July 22, 2011 12

Advisory Panel-15 Topic Areas of Review Progress against LCFS targets Impact on State revenues, consumers, and economic growth Analysis of the public health and environmental impacts of the LCFS at the state and local level Potential issues with fuel adequacy, reliability, and supply Advisory panel review and report to be completed by Oct 2011 7/25/2011 13

Proposed Regulatory Changes Public workshop 10/14/2011 Proposed Draft Regulatory Language High Carbon-Intensity Crude Oil (HCICO) Revised Definitions Enhanced Regulated Party Revisions Opt-In and Opt-Out Provisions Credit Trading Method 2A/2B Certification Electricity Regulated Party Energy Efficiency Ratio (EER) Revisions Oct 14, 2011 14

High Carbon Intensity Crude Oil (HCICO) Some processes use more energy/emit more GHGs to produce/preprocess crude oil Examples of high intensity production processes Thermal enhanced oil recovery Bitumen mining Upgrading of ultra heavy crude or bitumen Excessive flaring of produced gas Other parameters LCFS based on full lifecycle GHG emissions; need to account for HCICO July 22, 2011 15

Enhanced Regulated Party Revisions Revised import facility definition to be the transportation equipment that carried or held product when it entered CA Previous proposed importer definition person who delivered product to import facility in CA, owns title Revise import facility definition accordingly transportation equipment that carried or held product when it entered CA One step upstream to include intermediate entities Moved potential initial regulated party status from owner of the product when it is received at a facility in CA to person who delivered product when it entered CA Oct 14, 2011 16

Opt In Opt Out Suggestions and recommended revisions: How intermediate or upstream parties would opt-in Additional time requested for providing notice of opt-out Proposed amendments: Opt in for non-ca ethanol or biomass-based diesel producers intermediates (between producer & importer) gas companies in lieu of fueling station owners Address multiple parties claiming reg party status for same fuel Revised 30-day opt out notice to 90 days Oct 14, 2011 17

Credit Trading Revisions to 95484(b) Credit Calculations Annual Compliance Creation of 95488 Generation and Acquisition of Transferable Credits Credit Transfers Mandatory Retirement of Credits for the Purpose of Compliance Public Disclosure of Credit and Deficit Balances and Credit Transfer Information Oct 14, 2011 18

2A/2B Certification Program Adding new pathways to Lookup Table now requires full rulemaking Proposed changes would make the process more efficient Provide more specifics on data requirements July 22, 2011 19

Electricity Regulated Party Opportunity added for businesses to receive credits for employees charging EVs at work Requirements added for all potential regulated parties Scope of requirements to receive credits broadened Reporting requirement added Potential default credit recipients added Oct 14, 2011 20

Proposed Language for Electricity Utilities eligible to receive credits for single and multi-family home EV charging if they offer EV time-of-use rate schedule provide user-friendly online tool for rate comparison Non-utility EVSP and utilities eligible to receive credits for public access EV charging equipment they install if they have contract with property owner to maintain or service equipment, or contract with EV owners Fleet operators can opt-in to regulation to be eligible to receive credits, or may relinquish regulated party status to utility through written agreement July 22, 2011 21

Revised Energy Economy Ratio (EER) Bifurcate natural gas for HD vehicles 1.0 for compression ignition 0.9 for spark ignited Revise electricity for LD PHEV/BEV to 3.4 Revise FCV to 2.5 July 22, 2011 22

Regulatory Changes: Next Steps Public workshop 10/14/2011 Solicit public comments /inputs Complete report-45-day comment period begins Oct 31, 2011 Board hearing Dec 15, 2011 July 22, 2011 23

Effects on Compliance Schedule All these changes in HCICO and corn ethanol iluc will require changes in compliance schedule: Baseline CI for CaRFG and Diesel changes Compliance schedule targets for gasoline and diesel will change Still the same % reduction targets July 22, 2011 24

Contact Information Thank you John Courtis Manager, Alternative Fuels jcourtis@arb.ca.gov (916) 323-2661 http://www.arb.ca.gov/fuels/lcfs/lcfs.htm July 22, 2011 25