BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 151| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 151 Author: Laird (D), et al Amended: 9/2/05 in Senate Vote: 21 NOTE: The prior votes on the bill are not relevant. The content of SB 787 (Kehoe) has been placed in this bill which went out of the Senate with a vote of 21-15 on 5/31/05. SB 757 VOTES : SEN. ENERGY, UTIL. & COMMUNICATIONS COMM. : 7-3, 4/5/05 AYES: Escutia, Alarcon, Bowen, Dunn, Kehoe, Murray, Simitian NOES: Battin, Campbell, Cox NO VOTE RECORDED: Morrow SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-3, 4/25/05 AYES: Lowenthal, Chesbro, Escutia, Figueroa, Kuehl, Simitian NOES: Runner, Campbell, Cox SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/26/05 AYES: Migden, Alarcon, Alquist, Escutia, Florez, Murray, Ortiz, Romero NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian SENATE FLOOR : 21-15, 5/31/05 AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Dunn, Escutia, Figueroa, Kehoe, Kuehl, Lowenthal, Migden, Murray, Ortiz, Perata, Romero, Simitian, Soto, Speier, CONTINUED AB 151 Page 2 Torlakson, Vincent NOES: Aanestad, Ackerman, Ashburn, Battin, Campbell, Cox, Denham, Ducheny, Dutton, Hollingsworth, Maldonado, Margett, McClintock, Morrow, Poochigian NO VOTE RECORDED: Florez, Machado, Runner, Scott SUBJECT : Oil Conservation, Efficiency, and Alternative Fuels Act SOURCE : Author DIGEST : Senate Floor Amendments delete the prior version of the bill which expressed the intent of the Legislature to enact statutory changes relating to the Budget Act of 2005. This bill now enacts the Oil Conservation, Efficiency, and Alternative Fuels Act. It replaces the contents of the bill with provisions dealing with petroleum fuel efficiency. Declares that it is state policy to take every technologically feasible action to reduce the growth of petroleum consumption and to increase transportation energy efficiency and the use of alternative fuels. Requires state agencies to adopt recommendations, policies, and programs consistent with this policy. States that nothing authorizes the imposition of any tax or fee on consumers of petroleum for onroad use or on petroleum refining producers. Requires state agencies to recommend alternative revenue sources to supplement or replace lost tax revenue on gasoline and diesel fuel. Requires the Secretary for Environmental Protection to influence the federal government to double the fuel economy of cars and light trucks by 2020. NOTE: SB 757 (Kehoe) failed passage in the Assembly Transportation Committee and was granted reconsideration. ANALYSIS : Existing law requires the State Energy Resources Conservation and Development Commission (California Energy Commission or CEC) to implement and administer various generation and conservation programs. Additionally, CEC is responsible for monitoring transportation fuel supplies and prices in the state. The CONTINUED AB 151 Page 3 CEC is required, under current law, to develop biennially an integrated energy policy report that looks at issues of supply, demand, and supply reliability for transportation fuel. This bill enacts the Oil Conservation, Efficiency, and Alternative Fuels Act (Act), which declares the policy of the state that state agencies shall take every technologically feasible action needed to reduce the growth of petroleum consumption, and increase transportation energy efficiency and the use of alternative fuels. The Act requires state agencies to take the state's transportation energy goals into account in adopting rules and regulations, including the findings and recommendations of the CEC in the Integrated Energy Policy Report. This bill requires the Air Resources Board (ARB), in adopting or amending rules and regulations to reduce air pollution and toxic air contaminants from motor vehicle fuels to consider requirements, incentives, and partnerships for publicly administered fleets to purchase and install alternative fuel vehicles and advanced transportation fuels and technologies, taking into account life-cycle operating costs, public health, and environmental and energy benefits. This bill requires the Secretary of the Business, Transportation and Housing Agency, not later than March 31, 2007, in consultation with the Department of Finance, the Secretary for Environmental Protection, and the CEC, to submit recommendations to the Governor and the Legislature regarding alternative revenue sources to supplement or replace taxes on gasoline and diesel fuel, which may be used to fund state investment in the state's transportation infrastructure, as provided. This bill requires the California Environmental Protection Agency (CalEPA), not later than January 1, 2007, and every third year thereafter, with the assistance and consultation of the ARB, the CEC, and the South Coast Air Quality Management District to adopt recommendations, policies, and programs, as appropriate, to reduce the rate of growth in petroleum consumption and increase transportation energy efficiency and the use of alternative fuels, as specified. CONTINUED AB 151 Page 4 This bill requires CalEPA, not later than December 31, 2007, in consultation with the Attorney General, the CalEPA Environmental Justice Advisory Committee, air pollution control districts and air quality management districts, and affected communities and industries to publish a report containing specified information regarding violations of environmental protection laws and the technological feasibility and community health benefits of modernizing the state's oil refineries, as specified. This bill requires the Secretary to take action intended to influence the United States Congress and Department of Transportation to double the combined fuel economy of cars and light trucks by 2020, including performing analyses and participating in forums that the secretary deems useful. The bill requires all state agencies to cooperate with the Secretary concerning this action. Comments Purpose of the bill . According to the author of SB 757 (Kehoe), "California faces a future of increasing petroleum dependence, supply disruptions, and transportation fuel price volatility. As a consequence, the state has become a significant importer of oil from foreign countries often plagued with military and political instability. If this import trend continues, the state's economy, oil supply and price fluctuations, will be vulnerable to external disruptions and geopolitical instability, making the reduction of petroleum consumption a matter of energy dependence." This bill addresses improvement of oil refinery safety and pollution prevention, alternatives to petroleum based transportation fuels, and monitoring global petroleum adequacy. The author's office believes that petroleum reduction in the state strengthens national security, supports energy independence, creates jobs and business opportunities, reduces air, water, and soil pollution, while improving public health and worker safety, and increases economic competitiveness of alternative fuels and energy resources. CONTINUED AB 151 Page 5 Current Recommendations . AB 2076 (Shelley), Chapter 936, Statutes of 2000, required the CEC and the ARB to develop and adopt recommendations for the Governor and the Legislature by January 31, 2002, on a California Strategy to Reduce Petroleum Dependence. The CEC report, "Reducing California's Petroleum Dependence" dated August 2002, recommended that the state adopt a policy to reduce gasoline and diesel fuel demand to 15 percent below 2003 demand levels by 2020 and to maintain that level after that date. The report included certain recommendations (e.g., more fuel efficient tires, improving vehicle maintenance, doubling light duty vehicle fuel efficiency, implementing fuel cell-powered vehicles). The report also recommended a goal of increasing use of non-petroleum fuels to 20 percent of on-road fuel consumption by 2020 and 30 percent by 2030. NOTE: For extensive background information, please refer to the Senate Energy, Utilities and Communications Committee analysis on SB 757. SB 757 Support/Opposition as it left the Senate: Support American Lung Association of California California Communities Against Toxics California League of Conservation Voters California Natural Gas Vehicle Coalition California Thoracic Society Clean Power Campaign Heal the Bay Natural Resources Defense Council Planning and Conservation League Sacramento Metropolitan Air Quality Management District Sierra Club Union of Concerned Scientists Opposition Alliance of Automobile Manufacturers California Business Alliance California Business Roundtable California Chamber of Commerce California Citrus Mutual California Council for Environmental and Economic Balance CONTINUED AB 151 Page 6 California Farm Bureau Federation California Grocers Association California Hispanic Chamber of Commerce California Independent Oil Marketers Association California Independent Petroleum Association California League of Food Processors California Manufacturers and Technology Association California Mining Association California Motor Car Dealers California Retailers Association California Taxpayers' Association California Taxpayer Protection Committee California Women in Agriculture Howard Jarvis Taxpayers Association Olive Growers Council of California Small Business Action Committee Western Growers Association Western Plant Health Association Western States Petroleum Association ______________ The California Trucking Association is opposed to this bill (AB 151). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No DLW:mel 9/6/05 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED