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Canadian Biofuels: Clean Fuel Regulation, Competitiveness and Budget 2024


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This week our guest is Doug Hooper, Director of Policy and Regulations at Advanced Biofuels Canada. Advanced Biofuels Canada is an industry association that promotes the production and use of biofuels and renewable synthetic fuels. 

One of the topics covered in the podcast is Canada’s Clean Fuels Regulation (CFR). The policy is nearing its first anniversary after coming into effect on July 1, 2023 (Canada Day). The rule requires Canadian refiners and fuel importers to reduce the carbon intensity of the gasoline and diesel sold by about 2% annually between 2023 and 2030.  By 2030, under the rule, Canada’s average gasoline and diesel fuel will be 15% less carbon intensive.  Biofuels will be a major compliance source for the new rule; emissions reductions are also expected in upstream oil and gas (for domestically consumed oil) and alternative transportation fuels, such as hydrogen and electricity.

The conversation considered Canadian competitiveness with the United States for liquid biofuel production. Doug explained how the Inflation Reduction Act (IRA) of 2022 put a chill on investing in biofuel production facilities in Canada. The recent Canadian Federal Budget 2024 introduced some new measures to help close the gap, but will this be enough? 

Research referenced in this podcast:

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Episode 240 transcript

Announcer 1:

The information and opinions presented in this Arc Energy Ideas podcast are provided for informational purposes only and are subject to the disclaimer link in the show notes.

Announcer 2:

This is the Arc Energy Ideas podcast with Peter Tertzakian and Jackie Forrest. Exploring trends that influence the energy business.

Jackie Forrest:

Welcome to the Arc Energy Ideas podcast. I’m Jackie Forrest.

Peter Tertzakian:

And I’m Peter Tertzakian. Welcome back. So big energy news, right?

Jackie Forrest:

Yeah.

Peter Tertzakian:

Like big.

Jackie Forrest:

May 1 was the day that the Trans Mountain pipeline started operating after over 10 years in the making.

Peter Tertzakian:

Yeah.

Jackie Forrest:

So that’s pretty exciting that it’s been a long journey, lots of ups and downs that we actually got the pipeline operating.

Peter Tertzakian:

Yeah, ups and downs in many dimensions over a couple of mountains, and also ups and downs in construction, and mostly ups on cost. So, let’s have a guest.

Jackie Forrest:

Well, we are going to have Dawn Farrell, the CEO of Trans Mountain pipeline come and join us in a few weeks, so we will hear from her about how the operations are going, and I’m excited about that.

But I do want to also talk one thing before we introduce today’s guest with a different topic is I wanted to do a clarification on our budget podcast from a couple of episodes ago. We talked about the investment tax credits that were coming. A couple of them are in Parliament, others are going to come over the course of this year. We described how the credit works a little bit wrong, so I want to clarify that. We described it as you get the credit, and then you have to work it off against your taxes in future years. Actually, you can use it against your existing taxes in that given year, but the rest is actually given as a cash refund in the same year.

So, let’s say you had $100,000 in tax credit, and you owed $30,000 in taxes, then $70,000 in cash would be given to you in that year. So, this makes this tax credit particularly valuable, because you get the money directly and quickly, and it really comes directly off the cost of the investment. So, I wanted to clarify that. In the US, not all of the tax credits have that feature. So, some do, or some have them for some number of years, but that’s an advantage for Canada. And so, thank you to our listeners for always correcting us and continuing to have us learn. So, we wanted to make sure that that was clarified for everyone who follows.

Peter Tertzakian:

Good. Well, let’s move on to today’s topic. And by the way, have you’ve watched those documentaries on ancient civilizations and stuff? I’m a sucker for that kind of thing, like how the pyramids were built and what the Incas did in Peru and things like that and the mysteries. Okay, I’ll admit it. I’m even intrigued by things like crop circles and how they’re formed. I know it’s a bunch of people with plywood, but still, some of these things are pretty interesting, and maybe we’ll do a show on ancient civilizations, mysteries, and their energy use at some point. But I thought about crop circles as I thought about our guest today. And no, we’re not going to talk about crop circles, but we are going to talk about crops, and I think it’s only appropriate that we welcome our guest to talk about biofuels. So, I think, Doug, we’ve had you on the show before, Doug Hooper, Director of Policy and Regulations for the Advanced Biofuels Canada. It’s an industry association that promotes the production and use of advanced biofuels in Canada. And so welcome, Doug.

Doug Hooper:

Great to be here. Thanks for having me back.

Jackie Forrest:

It was actually 2020, so lots has changed us since you joined us last time, and we’re coming up to the one-year anniversary of the Canadian Fuel Regulations. I think we called it something different even back then when you came on the show. So, we want to talk about that, but first just remind people since it’s been a while, a bit about Advanced Biofuels Canada, and do you represent liquids, biofuels, RNG? What types of fuels do you work on?

Doug Hooper:

Advanced Biofuels Canada, or ABFC as I might refer to it, is a traditional industry association, and it’s working for the companies that produce and supply the fuels themselves, as well as the technologies and provide engineering lifecycle assessment services and things like that. The origins go back to pretty much my origins in this market, which is about 2005. We’re starting to introduce biofuels into the Canadian market and needed to address competitiveness of policies with provincial governments and the federal government.

So, the roots of ABFC actually go back to 2006. It was established as an industry non-profit association in the Province of Alberta, and we work primarily in Alberta. We expanded to Western Canada. We expanded from biodiesel into all forms of biofuels and synthetic fuels now. And although we’re primarily focused on the liquid internal combustion engine platform, given the nature of the technologies and the CI scoring of regulations, we are involved with clean hydrogen, blue or green, as well as RNG, biogas. All the platforms that can decarbonize transportation end up being a factor in our space.

Jackie Forrest:

Actually, maybe a good clarification, so e-fuels is often a term used today, we’ve never introduced that term, and describe what that is versus a biofuel. It sounds like you are covering both of them if you’re doing green hydrogen.

Doug Hooper:

I’m not a great expert on e-fuels, but the basic concept there is that you use electricity in order to drive a process which will synthesize a carbon chain that can replace gasoline, diesel, or jet fuel. And so, you can use renewable power, direct air capture. You can also use flue stack capture of CO2, break the carbon molecules off, and reset them. That’s why we say synthetic fuels now in addition to biofuels. It’s not all biomass-based in terms of the fuels that we’ll be working with in the 2030/2050 timeframe.

Jackie Forrest:

Yeah. And because the electricity is coming from renewable sources, people view that as a renewable fuel as well. That’s something I just learned in the last little while of that terminology change.

Peter Tertzakian:

There is a lot of jargon and the acronyms, and things always are changing, but at the core of it all, I think Canada is a vast country that has a lot of biomass, a lot of agriculture, and so let’s get a sense of the core what I would call biofuels, biofuels from agricultural processes and related. And you just commissioned an annual report from Navius Research called Biofuels in Canada 2023 that outlines the current stats. So, give us a snapshot of where these various biofuels come from, what percentage of the total energy mix they are, and those sorts of things.

Doug Hooper:

Sure. Look, caveat at the outset, the data in Canada lags a fair bit, so we don’t get regulatory information reporting out on our systems until well after the end of each calendar year. So, the Navius Research Biofuels in Canada 2023 report worked with hard data on 2021 and fairly well-informed but not finalized data for 2022, so call that an estimate year. But in 2022, we were blending 7.6% renewable content in gasoline and 3.8% renewable content in diesel. And if you total up the volumes associated with those percentages, it was just over 4 billion liters of demand in that period.

Jackie Forrest:

So, we have this Clean Fuel Regulations that’s, as I was saying, it started on July 1st, 2023, Canada Day, so coming up to the anniversary. Just for everyone’s reminder, we talked about this regulation quite a bit, but it’s been a while, that it requires blenders of fuel to reduce the carbon intensity of the gasoline and diesel they sell about 2% each year between 2023 and 2030. And by 2030, if all goes well, the average fuel consumed in Canada would be 15% less carbon intensive, and a lot of modeling has shown, and we talked to you, Doug, back in 2020, that biofuels would be a big part of this. So, a lot of people anticipated that growth and were building projects in Canada. However, there’s been some policy changes on the other side, the US side of the border, that has made it more compelling potentially to invest there.

But let’s talk a little bit about the Clean Fuel Regulations. It’s been running for almost a year. Can you tell us anything about it? Is it pretty much in full swing? Are we still getting a lot of details? And you have several ways of reducing your emissions, biofuels being one of them. You could also reduce through reducing emissions in oil and gas and getting some credits for that or using alternative fuels, like hydrogen or electricity.

Doug Hooper:

There’s a lot there. Why don’t I start with just sort of context setting. The regulation itself was implemented, the first compliance period is July 1st, 2023, to the end of 2023. However, when the reg was finalized in June of 2022, that initiated the early credit generation period. So arguably, the regulation is now two years old. The market is definitely two years old. You mentioned blending fuels, Jackie. The way the federal regulations work in Canada on fuels are that the obligated parties are the producers of fuels and the importers of fuels. In our provincial regulatory environment, typically, the obligation is slightly different. It’s on the fuel suppliers, it’s the people who move fuels from the rack down into the market. But you asked about whether it’s up and running. Yes, it’s up and running, but there are still quite a number of details to work out. For example, a big one that’s coming next month is Environment and Climate Change Canada, ECCC, I’ll call them, is going to publish an update to the life cycle assessment model.

And this is the model that determines exactly what your full life cycle carbon intensity is to produce your biofuel from whatever feedstock, process it, transport it, and ultimately combust it somewhere. So, that scoring of carbon intensity has been done since the inception of the CFR using a brand-new tool that ECCC commissioned and published at the outset.

It’s been going through a number of reviews and updates. There’s a stakeholder technical advisory committee that works with the ECCC’s modeling team to update the data sets and improve the model. And they’ve said since the beginning that June ’24 is when they’re going to update that model and everybody has to go back, recertify their fuels using the new model and get what’s a more accurate, if you will, carbon intensity score.

Peter Tertzakian:

What’s your sense on this? You must sort of hear some rumblings with this new model. Is it going to turn out that biofuels are more carbon intense than first thought or less?

Doug Hooper:

Yeah, I haven’t really heard it debated in an up or down CI score context. It’s more that the data sets themselves measuring the agricultural processes, the conversion processes are just going to be that much more accurate and up to date. I just want to finish this point about the CI scoring. Everybody will have to recertify their fuel process and get that done before the end of next year. So, there’s quite a lag here, but that true up, that new score will true up your credit generation in 2023.

Peter Tertzakian:

So, I think the question in my mind and on the minds of many is, okay, so we’ve brought this complicated legislation in. There’s truing up and calibration, new modeling, and here we are halfway into ’24. We’ve got to be 15% less carbon intensive in the liquid fuels by 2030, which is only five and a half years away. I also heard you say, and I know this, that data lags by two years, so we’re sort of got this blind spot behind us for two years. We don’t know what’s going on. So, are we on track, I guess is my basic question? Do you think to reduce emissions or intensity by 15% by 2030?

Doug Hooper:

Yes. I think the regulation itself is well on track to achieve that targeted outcome.

Peter Tertzakian:

And if we don’t change the way we source our data, which seems frankly, this has always been something that annoys me is how long it takes for the data to be reported in this day and age of real-time monitoring. But we probably won’t know until 2032 unless something changes in the data gathering processes, whether or not we were successful in 2030.

Doug Hooper:

Yeah. Well, in terms of ECCC reporting out their data, we can hone in on that a bit. They anticipate now that they’ll publish the first preliminary data on the credit market and the activity under the whole CFR in June, so next month. And the point I was trying to make earlier is the market has to keep in mind that that is going to be preliminary credit information that will be revised under the existing terms of the statute. And we’re not sure how often ECCC will update their reports. British Columbia now has a system where they update their credit market activity fairly regularly. Took some time to get that running. I think ECCC is on track with what they forecast is as the rolling out of the CFR when it launched.

Jackie Forrest:

One more question on the reporting. I thought we were supposed to have transparent pricing in terms of what these carbon credits are worth and what they’re trading for. I couldn’t find anything about that yet. Is that still coming?

Doug Hooper:

Yeah, that’s the report that I was referring to earlier. When ECCC publishes their first CFR market report or a credit market report, I’m not sure what they’ll title it, it will have the information that they’ve received on pricing, volumes, registered parties. There’ll be quite a lot of information in there. They consulted on the content of the report last month. So, everybody’s had some time to put their input in as to what they would like to see in a credit report. But we’ll get the first draft of it out hopefully next month.

Peter Tertzakian:

Doug, last time we spoke with you, we brought up the issue of food versus fuel. And since 2020, it’s no secret that a bag of groceries has gone up dramatically. And so, we reach 15% by 2030 as projected, but then we’ve got seven times as much to go to get in terms of net zero in our fuels by different methods. But I guess the question is to what extent is the increasing use of biofuels competitive with a bag of groceries and what are the views on that now that we have the situation evolved to where it is since we spoke with the last?

Doug Hooper:

I don’t know if I can tie a litre of biofuel to a bag of groceries directly, but it’s still a dominant topic, food versus fuel and what is the availability of supply and where does that supply come from? I’ll take it from a couple of levels. At the domestic level in Canada with the CFR, what ECCC embedded in this regulation was direct measures, regulatory measures to protect the environmental attributes and the sustainability of the biomass that’s used to produce low carbon intensity fuels under the regulation. And they’re called land use and biodiversity criteria. And they assure that any of the biomass that’s going into fuels that are consumed under the reg are done in an appropriate manner that safeguards environmental attributes. So, there’s that aspect that’s built in.

I’ll go up to the global level though and just maybe give some context as to where does this all supposedly end up in 2050 for a net-zero transportation energy system. And I was just at the G7 meetings in Turin, Italy last weekend before last. They had a clean energy ministerial there for energy and climate ministers and they were focusing on a joint statement. There’s an international forum on sustainable biofuels. And so, the folks at the table there are the head of the IEA, the International Energy Agency, UN’s Food and Agricultural Organizations, Global Bioenergy Partnership, the G20 Global Biofuels Alliance that was just launched at the India G20 meetings last year. And then of course the G7 biofuel platform group.

Their conclusion on this is that biofuels must be part of the 2050 net-zero energy mix and in order to safeguard these environmental attributes that they have these certification and sustainability attributes to them. The estimate that one of the groups put on the table was that about 20% of the transportation mix would be biomass derived fuels in that 2050 context.

We’re not talking about today’s suite of biofuels completely replacing gasoline, diesel, and jet fuel. It’s taking up a piece of it. Lower carbon intensity fossil fuels play a part, getting to 2050. Of course, electric vehicles play a part. Hydrogen plays a part. These synthetic fuels that we talked about earlier, they’re all part of the mix, but I think that the punch line is we can’t get there on any single platform. We can’t electrify everything. Hydrogen is not going to show up in time and be cost-effective to scale. We got to do it all is sort of the bottom line.

Jackie Forrest:

All right, so that’s great context in that that kind of ratio many people feel is sustainable in terms of the amount of food it would require. Let’s come back to the Canadian situation. I think anyone who’s listened to the podcast so far can understand that the Clean Fuel Regulations is a highly complex policy. For those that haven’t been following it as closely as you and I, Doug, I think it’s been six years of work in the making, if not more at this point.

And now we have the Conservative Party of Canada with polling very strongly in Canada, that they may become the actual leader of Canada here in the next election. Is there a risk, do you think that they would scrap this policy and we wouldn’t have it after all these years of developing it? Such a complex policy?

Doug Hooper:

Yeah, climate policies have an inherent political risk for sure. At any time, there’s a change in governments, particularly the climate policies seem to have attracted a lot of attention and partisan debates.

In terms of where we are with the Conservative party of Canada, we have discussed with them their position on both the carbon tax on fuels, which is very clear that they intend to eliminate that immediately, and on the regulatory side, they’re reviewing how the reg is operating and whether it meets with their policy structure and the approach that they would bring forward if they took over government.

I can reflect on a couple of things, though, in that discussion. First of all, the full fuel supply chain, including some of the climate and energy NGO sector members, are strongly supportive of the CFR. That includes the agricultural forestry waste management folks, it includes the biofuel processors themselves, of course, but it also includes the refining sector in Canada. The Canadian Fuels Association is strongly endorsing the CFR and there’s a couple of reasons for that that I think appeal to Conservative policy frameworks.

One is that the regulation is market-based, and so what that means is the obligated parties, the refiners and the importers, they have a myriad of ways they can meet compliance and reduce their costs and protect their competitiveness. The other aspect of the CFR is that, and by that we’re just looking at the carbon emissions of all fuels, electric fuels, CCS, biofuels. They’re all measured on the same metric of carbon intensity. And that system was leading to what you were referring to earlier, Jackie, the transparent national credit market. Canada’s doesn’t have very many people. We don’t have a lot of fuel, really, at the end of the day. So having a national credit market with a transparent pricing system allows everybody to factor their decision-making in capital assets and operating plans, and so it’s really a strong policy.

Peter Tertzakian:

Yeah, I don’t think that governmental change will lead to shredding of the policy outright. I can see elements of it being tweaked, and also because several biofuel facilities have been built over the last while that have depended upon policies like that, and it gets entrenched. But having said that, there’s some projects that have been put on hold as well. Earlier in ’23, Parkland scrapped a $600 million renewable diesel project in Burnaby, there was all sorts of factors including competitiveness and on.

Can you talk a little bit about maybe now the resistance to building more biofuel facilities or why some of these companies are potentially putting on hold some of their decisions despite the fact that this policy, CFR, is coming into play, getting calibrated, getting some momentum?

Doug Hooper:

I think the top two risks in the biofuel, or the clean fuel sector are policy-based risks. And by these, I mean fiscal policies, regulatory policies, the stability of policy like we were just talking about in terms of regime change and the fact that it’s become quite partisan. So, policy risk is a number one influence.

Peter Tertzakian:

Do you think that some of these companies are basically saying, “I’ll wait until after the next election and then I’ll make my decision?” You think that that’s what’s happening?

Doug Hooper:

Well, I think top of the list in the policy risk is what the US Inflation Reduction Act did to clean energy markets writ large. One of the folks at the G7 meeting said, “The Inflation Reduction Act said go out and score a goal.” So, the US took approach of putting a lot of stimuluses into all forms of clean energy, not just our transportation fuel side. So that’s really been a bit of a game changer and that definitely put a chill in the Canadian market. When IRA came out in August of 2022, it really moved the needle towards locating assets in the US

Peter Tertzakian:

And it was very broad based, like a shotgun approach to all sorts of clean energy technology and industry development. Whereas here the government stated policy was, “Okay, we can’t do that. We have to be more focused. So we’re focusing on areas like batteries,” which we’re seeing announced multi-billion if not of multi tens of billions of dollars announcements. So that’s an area of focus. It seems surprising to me that as a country with such a large agricultural basket that we’re not actually going hard at that as well. I mean, given that, it seems to me like that’s a resource advantage that we have.

Doug Hooper:

And we would agree with you in multiple reasons, not just the agricultural supply, but we’ve got the refining and fuel distribution assets. We can move products to market very efficiently and we can generate, create low-carbon products and get them to market. And so there’s those, and we’ve got energy security issues. Right now in Canada, we import diesel fuel and jet fuel in our two primary economies, Alberta and BC, the Western focus, and then Ontario and Quebec. And so even though we’re a net exporter of refined petroleum products, that largely attaches to Irving’s facility and those fuels all move down the eastern seaboard. So our economy is import dependent. Now we’re shifting to these clean fuels and if we don’t scale up capacity at the refining complexes, near the refining complexes and get them into the fuel distribution system, we’re going to become increasingly import reliant.

Peter Tertzakian:

Yeah. So what I’m hearing you saying is the IRA, Inflation Reduction Act, in the United States came and basically was a huge competitive challenge to the point where we now have to import things like biofuels, which seems absurd given the seeming advantage we would have with our agricultural base and refining and pipes and distributions and everything else.

Jackie Forrest:

To make it worse, Peter, we’re backing away domestically produced petroleum coming from our own only to substitute that with the dependence on imports. So from an energy security perspective, we’re putting in a policy that’s incentivizing more consumption of this stuff, but we don’t have the policies to also incent people to build the projects here.

Now, Doug, there was some good news in budget 2024, and we did touch on it a couple of weeks ago, that said, up to 500 million per year from the Clean Fuel Regulations could support Canadian biofuels production. Do you think that went far enough to incent people to try to build projects here, or do you think they’re still going to make more money by building those projects in the US?

Doug Hooper:

To be determined, is the short answer. The tools are in the box is the way we phrased it. I think when budget came out to address competitiveness, both on the operating side, which is what the IRA 45Z Clean Fuel Production Credit does, it pays for producers, but also on the capital side. So the budget’s got a couple of measures around the Canada infrastructure bank, $500 million and retooling the Clean Fuels Fund of $776 million of that pool left. Both of those measures really go after helping support capital investments of new capacity. That first fund, though, that you refer to the CFR Production Fund, that’s the one that could, the details of the design remain to be determined, but it could address the 45Z PTC.

The other issue beyond the design is the source of funding the budget points to the Emission Reduction Fund payments that the federal government receives, and their Emission Reduction Funds can be established by any level of government or non-government entity. We’ve seen Newfoundland and ECCC both create funds, New Brunswick, Alberta, and other jurisdictions will as well. And there’s definitely not secure funding for that budget item and definitely would not be in place by January 1st of 2025, which is when the IRA 45Z kicks in. So there’s some details to work out.

I’ll raise a flag here for other fiscal measures, though. Quebec has a biofuel production credit for certain types of biofuels in their budget. They revised that this year, and it’s a very effective mechanism to help attract production in the province. And on the other side, in British Columbia, we’ve got a low-carbon fuel standard with a self-funding mechanism called Initiative Agreements. And these are BC LCFS credits that have gone to Imperial Oil to support their Strathcona project, Tidewater and Parkland. And so it’s been an effective mechanism to help attract capital as well. So there’s other measures out there.

Jackie Forrest:

Right, if the provinces add some more benefits on top of the federal system, maybe we can get into a position. It is frustrating though. There’s certain areas where we’re not competing with the IRA, and I know we can’t do it all. We had Minister Wilkinson on telling us that about a year ago. But this is one where we’re putting in a policy that’s saying we’re going to consume more of this stuff between now and 2030, and then we’re not putting the policy in that allows us to build the manufacturing capacity and the jobs and the economic benefits that come with that, right?

Peter Tertzakian:

Well, the domestic supply chains from beginning to end. I mean, we’ve got it all here. It seems ridiculous that it would go out of the country and back in and we’re competitively disadvantaged because we’re not focusing on it.

Doug Hooper:

Yeah. In our view, it’s been a gap in the Emission Reduction Plan. That we’ve got this strategy towards decarbonizing the electricity grid, a strategy towards electric vehicles and hydrogen, and as I said earlier, all of the above is definitely needed, but there is no energy modeling scenario to 2050 that gets us off of the internal combustion engine. We will be flying planes, moving ships, long haul rail and trucking and off-road equipment will rely on liquid fuels. And so to hit our 2030 target, let alone reach these 2050 goals, we really have to focus in on decarbonizing those liquid volumes, partly by decarbonizing the fossil fuel side, but over time, that scales out and clean fuels move in. And I agree with you, Peter, we haven’t paid as much attention to decarbonizing this part of our transportation system.

Peter Tertzakian:

I was in the UK, I don’t know, it was like five, six weeks ago, and they were doing some intriguing things, the refining space. I think there’s a small fleet of trucks that goes around to all the restaurants and gets the cooking oil, the waste cooking oil brings it back, and then they throw it in the refinery and make sustainable aviation fuels.

So can you talk about the… I mean, obviously we’re not going to run the world’s airplane fleets on sustainable cooking oil, but recently we had an announcement here from WestJet that they’re going to buy Shell’s first sustainable aviation fuel. Maybe you can talk about what is sustainable aviation fuel, where does it come from, and what is the meaning of the context, the meaning of this WestJet/Shell association?

Doug Hooper:

Yeah. Sustainable aviation fuel is predominantly bio-based replacements for jet fuel, and so it’s refined to a standard where you can mix it in with jet fuel. 50% is the blend level for some of the technologies, and I think they’ve been flying test flights at 100% renewable, so it’s effectively just jet fuel. It can survive at minus 40 C or whatever you need up at 30,000 feet.

There are two primary platforms for producing it. One is a hydro-treating process. The other converts ethanol to an alcohol to jet fuel process to a jet. The hydro-treating process, just so it follows more of a refining type model. It’s called HEFA, hydro-treated esters and fatty acids. The market is relatively nascent. Most of the SAF utilization right now is voluntary, and so airlines that have book and claim systems where they offer their clients lower carbon seats or lower carbon freight can participate.

British Columbia, notably, just revised its Low Carbon Fuel Act and its regulation effective the start of this year, and they’ve now initiated the first mandate in North America for the inclusion of SAF fuels. And so there’s a blend requirement that comes in towards the end of the decade, goes from 1 to 3%, and there’s a carbon intensity reduction requirement that kicks off in 2026 and gets down to 10% below by 2030. Those are big drivers.

Peter Tertzakian:

Yeah, they’re big drivers. My understanding from a fairly recent presentation I went to is that sustainable aviation fuels cost, I think, like six times as much as a regular aviation fuel. I don’t know if that number resonates with you, but whatever it is, it’s more expensive. So how can we get the cost down to be competitive?

Doug Hooper:

I can’t attest to that number. I haven’t heard anything that high. There’s a couple ways. The first one is just the trajectory that the biofuel markets have taken over the last 20 years of my career is you scale things up, the unit costs go down. It’s the same with almost any manufacturing type process, and we’ve definitely seen ethanol and biodiesel and now renewable diesel in the last couple of years with the U.S. expansion, guess what? Market competitiveness increased and prices have dropped. And that’s not just the competitive part. That’s also scaling up the availability of the feedstocks and the efficiency of the conversion processes.

I think the other aspect goes back to this regulatory question and do we need regulations and what’s the role of them? One of the really important things that the CFR credit structure does, or in the U.S., the RIN credits or the LCFS credits, is they internalize the compliance and the cost of compliance amongst the whole supply chain. For example, if you’re an airline and you’re obligated to reduce your carbon intensity by 10%, you don’t have to do it with aviation fuel, you can do it with other forms of credit generation. And so the market then mediates the least cost of compliance to hit that objective of reducing emissions. And so that’s a very important aspect of how the cost gets mediated.

If you go right back to the start of our conversation today in the Navius report on biofuels in Canada, you see that the data out to 2022 is that consumers have saved money writ large across the gasoline and diesel pool from the regulations that have been in place.

Peter Tertzakian:

Well, yeah, we’ve covered a lot of material and a lot of acronyms and jargon. So, Doug Hooper, we’ve talked about SAF, CFR, LCFS, ITC, IRA, RNG, you name it. The list is long, but you’ve led us through it with a greater understanding. So, Doug, Director of Policy and Regulations at the Advanced Biofuels Canada

Industry Association, thanks so much for joining us. I let you off a little easy by not asking you about crop circles. Maybe next time we can do that, but in the meantime, thanks again for joining.

Doug Hooper:

Thanks for having me.

Jackie Forrest:

Thank you. And thanks to our listeners. If you enjoyed this podcast, please rate us on the app that you listen to and tell someone else about us.

Speaker 1:

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ESG: Trends, Shifts, and Changes


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Jackie and Peter provide an update on ESG this week on the podcastHas the anti-ESG movement started to change companies’ reporting and actions To answer this question, they reviewed some articles and research that point to the recent loss of momentum and profile for the ESG movementThere have also been examples of companies exiting sustainability-focused organizations. While sustainability may have peaked in these regards, it is not going away. Companies continue to report on their sustainability performance and set goals for improvement. Mitigating and monitoring the risk associated with ESG-related issues is also important.   

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Episode 239 transcript

Speaker 1:

The information and opinions presented in this Arc Energy Ideas podcast are provided for informational purposes only and are subject to the disclaimer link in the show notes.

Speaker 3:

This is the Arc Energy Ideas podcast with Peter Tertzakian and Jackie Forrest. Exploring trends that influence the energy business.

Jackie Forrest:

Welcome to the Arc Energy Ideas podcast. I’m Jackie Forrest.

Peter Tertzakian:

And I’m Peter Tertzakian. Welcome back. So, Jackie, I think spring is definitively in the air, and we’ve been having some of our friends over and talking, and inevitably somebody asks me about energies as I’m sure they do, energy matters. But a question that has been coming up, and I know we’ve discussed it on our podcast, is has the ESG movement peaked? And so, I think we should talk about it.

Jackie Forrest:

Yeah, no, it is a question that I got. In fact, I actually recently spoke at an Avatar event with Kevin Krausert, and Brian Trudel, and all those people that are signed up and really engaged in the program, and they asked me that same question. So, I thought it’d be fun to go through. We have talked about ESG a number of times. Most recently we had the Yale professor, Kelly Shue, in November of 2023 on the podcast, talking about the counterproductive sustainable investing, and that many of the actions being taken by investors trying to improve the climate situation are actually not helping, they’re counterproductive. But we haven’t talked about it since then. And I thought it would be interesting to look at some ESG indicators. I’m taking this from some work that Nat Bullard has put out, and if you don’t know him, he’s an energy analyst. He was formerly a senior contributor to Bloomberg New Energy Finance, and he has his own website called Nat Bullard, and I’ll put a link to it in the show notes where he has 200 slides. Some of them are ESG related. And I also caught him speaking with the Catalyst, a podcast called the Catalyst with Shayle Kann. And that’s a great podcast too. So, I thought we would highlight a few of his data points, as well as some other work we did around this.

Peter Tertzakian:

I would like to come to that, but can we just back up and just tackle the question at the highest level, has ESG peaked? And I would say ESG has peaked certainly from the perspective as a label for a movement, but has the movement itself, the underlying factors that affect how investors invest in energy, for example, the criteria they use, these metrics you were talking about in this presentation, has that peaked? I definitely believe the label has peaked. In fact, it’s gone beyond peak. It’s actually got a negative connotation to it, especially in certain jurisdictions like even the United States, and actually that the label has morphed over time. In the 1990s, I remember there was a movement that was called Sustainability. There was something called the Sustainability index. Then it morphed into CSR, which is Corporate social responsibility. And then I would say just ballpark, I don’t know, seven or eight years ago, the term ESG, Environment, Social, Governance, started to take root and really got a lot of momentum. But now it’s waning. It just seems to be part of a progression of labeling. But has the movement itself, the actual fundamentals of the movement affected the way people think about investing and energy at large?

Jackie Forrest:

Well, I would argue that ESG… and now you’re right, people like to call it sustainability now.

Peter Tertzakian:

Yeah, it’s a full circle moment actually.

Jackie Forrest:

And it’s more focused on the E, than the S and G now. I think a little bit more on the environmental, but I still think that it’s really just a way to reduce business risk, and investors need to have some data to understand that. So, if you’re using a lot of water and you’re in a drought region, if your assets are prone to damage from a change in climate, if you have really high greenhouse gas emissions, these are things that increase your risk and need to be mitigated. So, I don’t think it ever goes away, but certainly I think as a label, or something that people have a flag, and they make a big deal about it to differentiate their companies, this data, which we’ll go through, would show that it’s declining from that respect.

Peter Tertzakian:

Just for background, for our audience, ESG, so E is environment, not just emissions and climate related issues, but issues related, as you pointed out, with water, and toxic substances, and that whole biodiversity dimension. The S and the G?

Jackie Forrest:

I think that the governance, in North American companies, it kind of goes without saying. I’m sure if you go invest in some countries of the world, that’s still very important governance, but I think that’s maybe less of a focus and it’s really more on the E. And some of the social as it relates to diversity, I think is still pretty prominent.

So, let’s go through some of them. One is just looking at the reporting. First of all, commitments like greenhouse gas emissions reductions, two thirds of Fortune 500 companies now have climate commitments. However, new commitments peaked in 2021 at 104 companies, and only 18 new companies made commitments last year. So, I don’t think that means that this is less important, it’s just they’ve already made commitments. But I will put a link, as I said, to the show notes, so you can see the charts, but that’s one data point. Another data point is, how big are these sustainability reports? And this is data that came from a Harvard Law School report. In 2021, there were 70 pages on average, and in 2023, 82 pages, but there’s a wide range to that. How wide do you think the range is?

Peter Tertzakian:

Five pages to 160 pages?

Jackie Forrest:

This one, it says 11 to 262, according to the Harvard.

Peter Tertzakian:

Oh, I was pretty close.

Jackie Forrest:

Hey, I was curious though. I didn’t think 262 was the highest, so I checked out Suncor’s report, and they have two separate reports that total 149 pages. So, I’m like, okay, well maybe Suncor isn’t the most pages. But how many do you think Suncor had 10 years ago? How many pages in their sustainability, or ESG or whatever they called it at the time?

Peter Tertzakian:

20?

Jackie Forrest:

40. Yeah, so there’s been three times increase, so that you can actually see that in the data that’s in that presentation, there was a real steep increase, and it’s sort of been flattening out a littlebit, but it’s still going up. But I guess when it comes to commitments or number of pages, it would not seem like it’s peaked. However, there is a trend of decreasing external communications. So, in 2021, 76% of reporting companies issued a press release when they had their new sustainability report, and that’s down to 50% in 2023. And there’s overall less information. ESG tables included, dropped from 76% of the reports had tables with ESG data, down to 54%. And less companies have a summary than they used to have, slightly down from 26% to 23%.

Peter Tertzakian:

So, what are the conclusions that we draw from this? One is that the reporting burden has gotten to such a high level, that companies are saying, “Okay, we can’t do any, we’re actually going to pull back.” Or the interpretation is nobody’s reading 149 pages. We don’t need to do it. And that the demand for these sorts of reports is starting to wane.

Jackie Forrest:

Well, I think one thing is that they’re not something, like I was saying, you want to have the flag out, and wave it, and really draw a lot of attention to, because you’re doing it, and I think a lot of institutional investors expect it. And if you don’t have it, that’s a big problem. But you’re not necessarily highlighting it and making it high profile as you used to, as seen by less press releases. Also, the fact that less people are putting more detailed information in, that’s implied by not having as many ESG data tables as before. So, I think this would imply ESG has peaked this data, because we’re seeing just a little less prominence in terms of you may still be doing it, but you’re not making it high profile.

Peter Tertzakian:

Well, and I think that investors are not necessarily demanding it as much as they used to, say two, three years ago.

Jackie Forrest:

They are, but at the same time, you still need to have it. I think especially if you’re…

Peter Tertzakian:

You need to have it to say you’re on it, and…

Jackie Forrest:

There’s a box to be checked.

Peter Tertzakian:

Box to be checked, but it is not the first item of conversation like it used to be.

Jackie Forrest:

I think you’re right that way, and I think it would depend on the industry you’re in. If you’re a high emitting industry, I think it probably still is pretty important for investors, to show that you have a way to mitigate your risk. So, it probably depends on the sector.

Peter Tertzakian:

It does depend on the sector.

Jackie Forrest:

Yeah. Okay. Well, let’s go to the next one, which is how much are investors interested in this space? And this is using Morningstar data that was also in Nat’s presentation, and it shows that there is a decrease in new funds coming into US sustainable funds. So, these are funds that say that they’re sustainable. The fund flow peaked in 2021 at over $20 billion per quarter of new money coming in, and it’s been slightly negative in 2022, and into 2023 at about negative $5 billion in the last quarter of 2023. So, I just want to put in context, these are small numbers. The total assets of US sustainability funds is still over $300 billion. So, you’re losing one or 2% a quarter, but you’re seeing negative fund flow overall.

Peter Tertzakian:

And this does not surprise me at all, because the companies that have been labeled ESG and put into funds that people could buy, in other words, a basket of companies that were labeled as being sustainable and green, those baskets, the stock performance has been dismal.

Jackie Forrest:

That’s true.

Peter Tertzakian:

So, when stock prices go down, the value of the entire basket labeled sustainable, or ESG fund, or whatever label they use goes down. Then is it any surprise that people sell out of the basket? And this then, I think translates back into the broader question, has ESG peaked? Because ESG has been very closely related to green energy finance, and if you look at the ETFs, and the fund performances for that group over the course of the last two years, it’s been really quite devastating.

Jackie Forrest:

Yeah, no, so go check out that index. We like to look at, WilderHill. It is at a really low level.

Peter Tertzakian:

It’s at a seven-year low.

Jackie Forrest:

Yeah, so that’s probably part of it. It may not all be the sentiment towards ESG. I do want to point out that in Europe, it’s actually slightly positive funds flow in Q4 of 2023, and the EU is a much bigger market for sustainable funds. It’s something like seven or eight times larger than the US, and so in Europe, it’s definitely down in terms of the funds coming in, but it’s not negative. But for sure, the poor returns could be not as much as the messaging.

Peter Tertzakian:

We have to be careful when we analyze this data, because when we talk about funds flow US versus Europe, we also have to discuss what is labeled as being ESG eligible into fund, and what isn’t. There’s different definitions, so I am not sure we’re comparing apples to apples when we compare European funds to North American funds.

Jackie Forrest:

Yeah. They have very strict requirements around maybe what constitutes a green fund, for sure. So that could be part of it too, as the definition in the US is less clear. But it could also be, and we’ll get into it, some of these states that are saying, “Don’t put your money into green funds.” Maybe that’s affecting fund flows to some extent too.

So, let’s talk a little bit about, this is from a different source from the Wall Street Journal article, and it was just recently in April 21st of this year, it said that diversity goals are disappearing from company’s annual reports. So that’s another sign that we may be past peak ESG. The driver for this, according to the article, was this 2023 Supreme Court decision, overturning affirmative action in college admissions. And basically, companies since then are maybe a little more cautious about what they write.

And so, the Wall Street Journal did an analysis of 10K filings, so filings that you make to the securities regulator. And it said that they saw a lot of things like shortening the description, or removal of the entire section on diversity, removed mentions of race or specific hiring practices around race. And they had specific companies like Kohl’s, which is a department store, that has taken out of their materials from last year, and it no longer says they’re cultivating diverse leadership for advancements. Or GameStop that cut mention of diversity inclusion as one of their tenants. This is an example of, we talk a lot about the States, the red states, and how they’ve taken on this anti-ESG movement, and telling their pension funds not to invest, but this is actually coming from the Supreme Court.

Peter Tertzakian:

And that’s likely a reflection too, of the political winds that are out there. I’m really not comfortable personally talking about social diversity and inclusion, not to diminish its importance at all, but it’s just so emotional and I don’t know a lot about it. So, I think that S part of ESG for me, is something that we should just leave aside, and just continue to talk more about the E and the implications, particularly as it relates to the financial sector.

Jackie Forrest:

Yeah, no, I think I agree. We probably need an expert on this one, but I think it’s just noteworthy as we talk about some of these trends in reporting, that this is another one that’s also declining.

All right, another fun metric that was in Nat’s slide deck, is the Larry Fink letter. So, I’m sure many of you know that Larry Fink is the CEO and chairman of BlackRock, and one of the world’s largest investment management firms, and he always writes letters. In the past, he published a letter for his CEOs and one for his investors. In 2023, he only did a letter for his investors. And what this chart does that Nat’s put together, is it looks at how many times he says the word climate, sustainability, or ESG over time in his letters. And in 2021, it really peaked with over 40 mentions almost in both of those years. And this year it was like, something like six mentions.

Peter Tertzakian:

Six mentions.

Jackie Forrest:

So that would be a sign that things have peaked. Now, BlackRock has been under pressure by a lot of the states in the US that said, “We’re going to divest of BlackRock because you guys are too into the ESG and sustainability.” A lot of those red states. So that might’ve been part of the driver there, the pressure that BlackRock was under. So, this might be an extreme example.

Peter Tertzakian:

Well, the pendulum swings back and forth. As I said in the earlier part of the podcast, in the 1990s, there was a big movement on creating sustainability indices, and then it turned into CSR, and then into ESG, and then these things sort of come and go, especially as these can be emotional subjects. And the state’s backlash, especially Republican states against all of this, has been quite significant. And so, I think we’re headed into an era of less mentions, especially given that affordability, and energy security, and the current state of the worlds geopolitics takes more of a center stage, but it will likely come back and maybe it’ll be labeled something differently. And behind the scenes, I would call it, infrastructure for reporting that has been put into place on these matters, is not going away. That there will still be reporting. It’s just that the top line letters that Larry Fink and others are going to write, is not going to necessarily put these issues front and center. They will put other issues front and center, reflecting the economic times that we’re in.

Jackie Forrest:

And people always kind of focus on what they see as the largest risk. So that may not be the largest risk at this moment and that could change again. Okay. Well, let’s go to the next part, which is just looking at the exiting of some of these climate pacts. So back in 2020, 2021, in the depths of COVID, everyone working from home offices, we had a whole bunch of companies make very significant commitments to reducing their emissions to helping with climate. And many of them joining these groups, these different packs, I’ll call them climate pacts. So, I wanted to give an update on some of those. Overall, the trend is, people are exiting some of these groups for various reasons. So, I thought we’d go through some of the more high-profile ones and talk a little bit about what’s going on there.

Peter Tertzakian:

Wand when you say people are exiting, you’re talking about largely investors?

Jackie Forrest:

No, the corporations, or in the case, some of these are actually investor groups that signed these pacts. Some of them like GFANZ, which we’ll talk about, some of them are corporations. We’ll talk about a corporation one first, which is a science-based targets initiative. And what is it? Well, it helps companies set a GHG reduction target that’s below 1.5C or 2C, and it kind of gives them a stamp of approval that they’re actually got a plan that meets that goal.

Peter Tertzakian:

So, this organization gives a corporate scorecard, and determines yay or nay, whether the company is following a 1.5 degrees C climate plan?

Jackie Forrest:

Yeah. So, it helps an investor say, “Okay, some third party has validated this plan.”

Peter Tertzakian:

Right

Jackie Forrest:

Now, there’s been a number of groups exiting it, and the BMO capital markets wrote a detailed note on this. But the main takeaway is, while the science-based targets are important, they put in some new rules which have resulted in some companies exiting these pacts. And the reason is, there’s been a very controversial decision around Scope 3 emissions and committing to reduce those, and those are not really in your remit. So that’s resulted in a number of companies leaving. So, for example, in March there was an article which I can put a link to, in Green Business, that reported 239 companies have changed their status to commitment removed from science-based targets, including Microsoft, Wal-Mart, Unilever, big companies with big commitments. And there was also a recent Globe and Mail article in Canada, that the board and CEO released some information that they were going to do something about these Scope 3 targets, like allow people to get offsets and not actually reduce, but there was a revolt by staff, and now they’ve issued a clarification that they need to get consultation. So, I think the biggest issue is, some of the rules that have come out are very difficult to achieve, and these companies are saying, “Well, I don’t want to commit to this science-based initiative if I actually can’t meet its requirements.”

Peter Tertzakian:

Yeah. This is the psychology of targets that things like that are really classified as say, stretch goals. Okay, we need to achieve this goal or this target by such and such a date, say by 2030, ’35, 2040, that if it’s a goal that is seen to be achievable, but with a lot of effort, and a lot of teamwork and so on, that organizations will rally, especially if they have a compelling leader. However, if you go beyond a stretch goal into the realm of like, “Oh my gosh, this is almost impossible to attain.” Then you get into the behavioral characteristics of almost giving up, or I’m out of here. And I think this is what’s happening, is that the stringency of the targets became more and more progressively difficult to achieve in the minds of organizations, all sorts of companies and organizations, to the point where they’re saying, “Okay, I can’t do this. We’re out of here.” And so, when we think about, what did you call it? The science targets, right? The science-based targets, I come back to, there’s the behavioral science targets, and then there’s the science-based targets. And the behavioral science targets have been exceeded, which is why I think you are seeing this.

Jackie Forrest:

And the BMO, I’ll come back to that detailed note they wrote, but they basically said that these new targets are very difficult, and basically, it’s causing companies that have high emissions to say, “Well, this is completely unsustainable in terms of the financial cost of this for my company.” But meanwhile, those companies that are low emissions can easily make it. They stay signed in. So actually, they drew a parallel to Kelly Shue’s research at Yale University, that this is a case where the green groups that can easily have done it anyway, sign up, and then the ones that really should be changing, they don’t sign up. So, it’s a bit of a counterproductive exercise potentially, in that it’s kind of not resulting in any change.

Peter Tertzakian:

Right.

Jackie Forrest:

Let’s talk about GFANZ. Remember Mark Carney’s, high-profile, Glasgow Financial Alliance for Net Zero?

Peter Tertzakian:

Yes.

Jackie Forrest:

We talked about that. At least two pension funds have quit GFANZ, and Bank of America just reneged on a commitment to stop financing new coal mines and coal power plants. Maybe it comes back to still 80% of primary energy comes from hydrocarbons. And so, if you say you’re not going to finance any of those, that takes a big chunk of your potential business away, and maybe there’s more realization to the cost of some of these commitments. I did want to bring up one other interesting thing. The US Securities and Exchange Commission, they let public corporations off the hook for reporting on Scope 3 emissions. If you remember in 2023, they put out a draft document that said, “If you’re going to be a public company, you have to report on your Scope 1, 2, and 3 emissions.”

Most people accepted Scope 1 and 2, but there was a bit of a backlash about the Scope 3, because it’s very difficult to actually come up with that number to know all the way up your supply chain, and all in your downstream systems, how many emissions there are. And so, this is another example maybe of some softening of rules and looking at more realistic things. The reality is, if everyone were to reduce their Scope 1 and 2, there would be no Scope 3. So, I think there’s some logic to saying that that isn’t the company’s responsibility, but that’s another example of softening.

Peter Tertzakian:

Well, I think it has to, it’s unrealistic to think that if a company sells a cubic meter of natural gas, well, how does that company know who’s going to consume it? Is it going to be an inefficient user of that natural gas, or an efficient user? Is it going to be put through devices, and machinery, and infrastructure that’s going to create a lot of emissions or low emissions?

Jackie Forrest:

Yeah. And on the upstream Scope 3, let’s say you’re using a polymer, well, you don’t know exactly the source of that polymer. It could be like that it came from a number of plants, and it was mixed together, and it’s hard to trace the supply chain today. We don’t have the sophistication to actually get an accurate number on many of the inputs that arrive at a manufacturing site. So I think that is a reasonable thing. I think Scope 1 and 2, like I said, if everybody actually just reduced theirs, there would

be no Scope 3. Everyone would be reducing their emissions, including consumers. But to wrap this up, back to your point, Peter, I actually think a lot of these pacts, a lot of these goals were made back in 2020 and 2021, right in the depths of COVID, people were isolated from the office.

There wasn’t a lot of debate. I don’t think as much debate maybe as there is now around the do ability of some of these goals, climate was such a high priority for a lot of people then compared to, it’s still important for a lot of people, but it’s kind of gone down the list for some people in terms of affordability and other issues. And so, I think that also over the last many years, people have become more sophisticated on what it’s going to take to achieve these reductions, and what it’s going to cost and where the technology is. So, there’s much more, I think, knowledge about how to track, and report, and what your numbers are, and where they’re coming from and how difficult it is to reduce. So, I think we’re getting some more realism. I don’t think that people are not concerned by reducing emissions, or not concerned by measuring their emissions, or trying to achieve their climate goals. It’s just there’s more realism about what’s doable and what’s defendable.

Peter Tertzakian:

To your point, talking about 2020, 2021, the pandemic, times have changed dramatically. We now have two really serious wars on the planet. We’ve got trade hostilities ratcheting up with China, inflation, affordability, all those sorts of things. So, it’s just times change and priorities change. And that’s not to say that the issue of climate change and ESG should be diminished, but it’s just, again, I come back to, okay, understand the science, but understand the behavioral science and how people prioritize the issues. And I think that we’re in a new era of prioritization.

Jackie Forrest:

That’s right. So, is peak ESG behind us? Probably. But it’s not going away. And it may come back again, maybe not with the same magnitude as before, but it is still there. And it’s still important to a lot of investors. That’s why companies are still reporting. They may be not making it the most high-profile thing they do anymore, but it’s still there, and they’re still dedicating a lot of resources to reporting, reducing and showing improvement.

Peter Tertzakian:

Right. Right. Well, I think that’s a wrap.

Jackie Forrest:

That’s a wrap. If you enjoyed this podcast, please rate us on the app that you listened to and tell someone else about us.

Speaker 3:

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