BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Carole Migden, Chairwoman 757 (Kehoe) Hearing Date: 5/23/05 Amended: 5/3/05 Consultant: Miriam Barcellona IngenitoPolicy Vote: EU&C 7-3; EQ 6-3 -Continued- SB 757 (Kehoe) Page 3 _________________________________________________________________ ____ BILL SUMMARY: SB 757 would enact the Oil Conservation, Efficiency and Alternative Fuels Act. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2005-06 2006-07 2007-08 Fund ARB/CalEPA >$1,100 >$900 >$900 Special* CEC $93 $185 $185 Special** AG unknown, minor to significantGeneral State Agencies: Net-Zero Increase unknown but significant costs General *Air Pollution Control Fund **Energy Resources Programs Account _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense file. 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. 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. SB 757 would enact the Oil Conservation, Efficiency and Alternative Fuels Act and would do all of the following: 1.Make legislative findings and declarations. 2.Set a policy for state agencies to take every cost-effective and technologically feasible action to achieve a net-zero increase in on-road petroleum consumption by 2010 and a -Continued- SB 757 (Kehoe) Page 3 significant reduction by 2020, and provides that those state agencies should take the reduction goals into account in adopting rules and regulations. Costs are unknown, but would be significant. STAFF NOTES that while the bill is on suspense, the author will take significant amendments that would make definitions, eliminate references to net-zero increases and instead insert language about slowing the growth in demand and increasing vehicle effectiveness and alternative fuels. These amendments would likely decrease costs significantly. 3.Authorize the Air Resources Board (ARB), in cooperation with the South Coast Air Quality Management District (AQMD) and other state and local agencies, to adopt regulations requiring all public and private fleet operators to purchase and install alternative fuel vehicles and advanced transportation technologies where feasible and cost effective, as specified. Costs to ARB would be about two positions per rule. STAFF NOTES that while the bill is on suspense, the author intends to work with ARB to reduce costs by incorporating these rules into existing requirements placed on ARB in current law. 4.Require the California Environmental Protection Agency (CalEPA), in consultation with ARB and the Department of Toxic Substances Control, and air quality management districts, to develop and adopt model rules and regulations to ensure that petroleum refining, storage, and waste management and disposal sources install best available technology and pollution prevention measures reflecting the best practices available to provide the maximum feasible and cost-effective reduction in air pollution, water pollution, and toxic waste generation, while protecting the public and community health, and worker health and safety over a 10-year phased period not to extend beyond January 1, 2016. ARB would require five positions and $500,000 to adopt local model rules. STAFF NOTES that CalEPA does not adopt regulations and the bill should be amended to require the regulations be done by the ARB. 5.Authorize the State Energy Resources Conservation and Development Commission (California Energy Commission or CEC) to expand the scope of its oil industry price and supply reporting, monitoring, and analysis to include trends in world oil demand growth, including known and proven oil reserves. The CEC must refer cases to the Attorney General when there -Continued- SB 757 (Kehoe) Page 3 may be market abuse or unfair competition. CEC estimates that these provisions would require constant and close monitoring of supply and price changes in the marketplace, documentation of market events and response, reporting, and administration of contact services for market expertise and analyses. These activities would require one position at about $85,000 and $100,000 in annual contract funds for consultants. The Attorney General's Office (AG) indicates that it this bill could result in increased workload associated with additional referrals made; however, because the likely volume of referrals is unknown, the AG was unable to provide a fiscal estimate. Costs could be minor to significant. 6.Require the Secretary of the Business, Transportation and Housing Agency and CalEPA to submit recommendations to the Governor and the Legislature by July 1, 2006, regarding alternative revenue sources to supplement or replace gasoline and diesel fuel taxes that may be used to fund state transportation infrastructure investments, taking into consideration certain factors. BT&H estimates its costs would be minor and absorbable and CalEPA's costs are unknown, CalEPA may not have the expertise to develop such a report. -Continued- SB 757 (Kehoe) Page 3 7.Require CalEPA, in consultation with the CEC and ARB, to submit recommendations to the Governor and the Legislature by January 1, 2007, on cost-effective and technologically feasible measures needed to achieve a net zero increase in on-road petroleum consumption by 2010, and a significant reduction in on-road petroleum consumption by 2020. ARB indicates that it would require about two positions or $200,000. 8.Require CalEPA, with assistance of the ARB, CEC, and South Coast AQMD, to adopt recommendations, policies, and programs by January 1, 2007, to increase diversity of the state's transportation energy supplies consistent with the goal of increasing the use of non-petroleum fuels to 20% of on-road fuel consumption by 2020, with certain conditions. ARB estimates it would require one-time costs of about $200,000. 9.Require CalEPA to take action to influence Congress and the U.S. Department of Transportation to double the combined fuel economy of cars and light trucks by 2020. That action must include, but not be limited to, performing analyses and participating in forums that the secretary deems useful. Costs associated with this provision would be minimal. As noted throughout the analysis, the author intends to make a number of substantive amendments that will reduce costs while the bill is on suspense.