Carbon Dioxide Removal Leadership Act (CDRLA) introduced yesterday into the NY State Assembly

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Toby Bryce

Jan 11, 2022, 2:23:50 PMJan 11
to Carbon Dioxide Removal
Hello All: 

ICYMI the Carbon Dioxide Removal Leadership Act (CDRLA) was introduced yesterday into the NY State Assembly by AM Patricia Fahy (D-Albany).

The bill was researched, developed, and drafted by OpenAir, and establishes a state-level CDR procurement program that scales over time as part of NY's 2050 net-zero commitment (the CLCPA, which passed in 2019) - and is intended and designed to provide market support for scaling and deployment of durable CDR pathways.

Here are the legislative text and sponsor memo - and a legislative brief. Happy to answer any questions, and we are continuing to collect feedback on the policy.

If you live in NY, and would be willing to contact your state reps to ask them to support the bill - please message me and I can get you an email script. 

OpenAir is actively looking to advance the policy in CA, AZ, CO, WA, MA, NJ, and several other states - let me know as well if you're interested in getting involved in those efforts and I can connect you to those teams. 

Dan Galpern

Jan 11, 2022, 8:08:20 PMJan 11
to Toby Bryce, Carbon Dioxide Removal
  Other than by the elimination of "certain reinstated tax revenues on aviation gasoline," is the state general fund presumed available to continue the "reverse auction"? Put more simply, does this legislation presume that the public, and not the fossil fuel industry, should and will bear the lion's share of the burden of removing excess atmospheric CO2?

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Toby Bryce

Jan 11, 2022, 8:25:22 PMJan 11
to Carbon Dioxide Removal
Hi Dan,

Thanks for the note, and good question. 

The specified tax subsidy repeal (which is directed at the fossil fuel industry) would fully fund the policy for the initial 5-year authorization. Funding mechanism will need to be revisited and expanded for future authorizations, as the procurement schedule scales.

More generally - we fully agree that the fossil fuel industry should bear the cost burden of carbon removal. And we view the policy with a "waste management" frame with EPR (extended producer responsibility) - which cost tends ultimately to get passed on to the consumer - so we chose commercial aviation as the least regressive of the "hard-to-abate" emission sources as defined in NY's CLCPA.

As we look at other states it's pretty clear that - in the absence of a carbon tax or takeback obligation (CTBO), which would be great but a very significant political lift, beyond the scope of our policy proposal - the funding mechanism for the CDRLA will be tactically determined for each jurisdiction. 

Hope this answers your question.

Best, Toby
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