BILL NUMBER: AJRX1 1 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 27, 2001 INTRODUCED BY AssemblyMember CardozaMembers Cardoza and Keeley (Coauthor: Assembly Member Negrete McLeod) MARCH 22, 2001 Assembly Joint Resolution No. 1--Relative to natural gas. LEGISLATIVE COUNSEL'S DIGEST AJR 1, as amended, Cardoza. Natural gas. This measure would urge the Presidentand, the Congress of the United States , and the Federal Energy Regulatory Commission to takeswift and appropriate actioncertain actions to address the substantial increase in the cost of natural gas resulting from federal deregulation of natural gas. Fiscal committee: no.WHEREAS, The federal deregulation of natural gas has failedWHEREAS, Expenditures for natural gas in California will have increased from $8 billion in 1999 to $13 billion in 2000, and to an estimated $32 billion in 2001; and WHEREAS, These increases have had and will have devastating impacts on residential, agricultural, and business natural gas users and on the cost of generating electricity, and will have a devastating impact on the California economy; and WHEREAS, In 1938, Congress enacted the National Gas Act to regulate the sale of natural gas because it "considered that the natural gas industry was heavily concentrated and that monopolistic forces were distorting the market price for natural gas"; and WHEREAS, Congress' "primary aim ... was to protect consumers against exploitation at the hands of natural gas companies" and to ensure consumers "access to an adequate supply of gas at a reasonable price"; and WHEREAS, By 1989, Congress had fully deregulated the sale of natural gas at the wellhead; and WHEREAS, Interstate natural gas pipelines are still regulated under the federal Natural Gas Act, with maximum pipeline transportation rates being established by the Federal Energy Regulatory Commission (FERC); and WHEREAS, By 1992, FERC (not Congress) deregulated natural gas sales by wholesalers who use interstate natural gas pipelines, but FERC said that it would entertain complaints about market misuse; and WHEREAS, Wholesalers of natural gas must pay the pipeline transportation price that is less than or equal to the maximum pipeline transportation rate established by FERC, but may charge more than the FERC-established maximum pipeline transportation rate; and WHEREAS, California entities have filed complaints with FERC about market misuse; and WHEREAS, Natural gas deregulation has worked in every state except California, where spot natural gas costs at the California border have skyrocketed, reaching $62 per MMBtu for natural gas in December 2000, while the wellhead price plus the maximum pipeline transportation rates was about $5.50; now, therefore, be it Resolved, by the Assembly and Senate of the State of California, jointly, That the President of the United States, the Congress of the United States, and the Federal Energy Regulatory Commission are urged to do all of the following: (a) Reestablish cost-based regulation of natural gas sales at the California border by marketers or owners of pipelines. (b) Prohibit withholding of natural gas capacity on pipelines entering California. (c) Require owners of each pipeline entering California to post on the Internet on a daily basis the firm capacity available and the name, address, and capacity used by each firm user of the pipeline. (d) Require marketers to post on the Internet the price and quantity of each sale of natural gas at the California border.and has had the effect of substantially increasing the cost of gas to consumers; and WHEREAS, The federal deregulation of natural gas has been a major contributing factor to the current energy crisis facing California; and WHEREAS, Natural gas should be regulated or the price should be temporarily fixed; and WHEREAS, The problem is not one faced only by California, but is a concern of the entire national economy; and, therefore, be it Resolved by the Assembly and Senate of the State of California, jointly, That the President and Congress of the United States are urged to take swift and appropriate action to address the substantial increase in the cost of natural gas resulting from federal deregulation of natural gas; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, and to each Senator and Representative from California in the Congress of the United States.