BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 757
          Author:   Kehoe (D), et al
          Amended:  8/21/06
          Vote:     21

           
           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,  
            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

           ASSEMBLY FLOOR  :  48-29, 8/24/06 - See last page for vote
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           SUBJECT  :    Oil Conservation, Efficiency, and Alternative  
          Fuels Act

          SOURCE  :     Author


           DIGEST  :    This bill enacts the Oil Conservation,  
          Efficiency and Alternative Fuels Act.

           Assembly Amendments  make numerous changes to further  
          clarify the intent that the state take comprehensive and  
          coordinated actions to examine alternative sources of fuel,  
          increased fuel efficiency and conservation measures.

           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  
          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 and does all of the following:

           1.Makes legislative findings and declarations.

           2.Sets a policy that state agencies shall take every  
             cost-effective and technologically feasible action to  
             reduce the growth of petroleum demand and increase  
             vehicle energy efficiency and the use of alternative  
             fuels.  The bill provides that state agencies shall take  
             the state's transportation energy goals into account in  
             adopting rules and regulations.  The bill provides a  
             definition for "technologically feasible".

           3.Require the California Environmental Protection Agency  
             (CalEPA), not later than January 1, 2008, and every  
             third year thereafter, with the assistance of other  

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             specified public agencies, to submit to the Legislature  
             an assessment of the transportation policies adopted  
             pursuant to #2 above.

           4.Requires that assessment to include information on the  
             status of adopted policies, the Integrated Energy Policy  
             Report implementation, and alternative fuel fleet  
             procurement and infrastructure funding needs.

           5.Requires any actions taken pursuant to #2 above to  
             integrate existing air quality standards.

           6.Requires the Air Resources Board, in adopting rules and  
             regulations to reduce air pollution and toxic air  
             contaminants from motor vehicle fuels, to develop  
             requirements, incentives, and partnerships for publicly  
             administered fleets to purchase and install alternative  
             fuel vehicles and advanced transportation technologies,  
             as specified.

           7.Requires the 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 will be required  
             to refer to the Attorney General information it believes  
             may reflect market abuse or unfair competition.

           8.Specifies that this bill does not authorize the  
             imposition of any tax or fee or on petroleum refiners or  
             suppliers nor does it confer or reduce the existing  
             authority of ARB, CEC, or any other regulatory agency to  
             order the production, sale, or offering for sale of any  
             specific fuel.

           9.Requires the Secretary of the Business, Transportation  
             and Housing Agency to submit recommendations to the  
             Governor and Legislature by March 31, 2008, regarding  
             alternative revenue sources to supplement or replace  
             lost gasoline and diesel fuel tax revenues that would  
             otherwise fund state transportation infrastructure  
             investments.

          10.Requires CalEPA to take action to influence Congress and  
             the U.S. Department of Transportation to double the  

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             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.

           Comments

          Purpose of Bill  .  According to the sponsor, "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.

          The oil industry argues that investment in oil refineries  
          will suffer if California establishes a goal of reducing  
          gasoline demand by 2020.  It contends that, while this bill  
          explicitly states that it does not authorize the imposition  
          of any taxes or fees, there is nothing in it to prevent  
          state agencies form using their existing authority "to  
          impose a wide range of fees and other draconian measures to  
          reduce consumption."  The industry also fears that this  
          bill will give regulators "broad authority to pick favored  
          technologies.  There are no requirements of the agencies to  
          weight costs and benefits, to consider economic impacts, to  
          pick winners that truly are feasible, or to assure that the  
          state's consumers and businesses will not be harmed by  
          state policies and proposed actions."


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           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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee, this  
          bill will result in ongoing annual costs of $300,000  
          beginning in 2006-07, to state agencies to integrate  
          transportation energy goals into their adoption of rules  
          and regulations.  There will also be ongoing annual costs,  
          probably less than $150,000 beginning in 2006-07, and ARB  
          to consider alternative fuel vehicle programs and advanced  
          transportation technology when adopting air pollution rules  
          and regulations applicable to motor vehicles.  Finally,  
          there will be ongoing annual costs of approximately  
          $100,000 beginning in 2006-07, for CEC to expand its  
          reporting, monitoring and analysis of oil market pricing  
          and supply.

           SUPPORT  :   (Verified  8/28/06)

          American Lung Association of California
          California Communities Against Toxics
          California League of Conservation Voters
          California Natural Gas Vehicle Coalition
          California Thoracic Society

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          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  :    (Verified  8/28/06) 

          Alliance of Automobile Manufacturers
          California Business Alliance
          California Business Roundtable
          California Citrus Mutual
          California Council for Environmental and Economic Balance
          California Farm Bureau Federation
          California Grocers Association
          California Hispanic Chamber of Commerce
          California Independent Oil Marketers Association
          California League of Food Processors
          California Manufacturers and Technology Association
          California Mining Association
          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


           ASSEMBLY FLOOR  : 
          AYES:  Baca, Bass, Berg, Bermudez, Blakeslee, Calderon,  
            Canciamilla, Chan, Chavez, Chu, Cohn, Coto, Daucher, De  
            La Torre, Dymally, Evans, Frommer, Goldberg, Hancock,  
            Jerome Horton, Shirley Horton, Jones, Karnette, Klehs,  
            Koretz, Laird, Leno, Levine, Lieber, Lieu, Liu, Montanez,  
            Mullin, Nation, Nava, Oropeza, Pavley, Richman,  
            Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Umberg,  
            Vargas, Wolk, Yee, Nunez
          NOES:  Aghazarian, Benoit, Bogh, Cogdill, DeVore, Emmerson,  
            Garcia, Haynes, Houston, Huff, Keene, La Malfa, La Suer,  

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            Leslie, Matthews, Maze, McCarthy, Mountjoy, Nakanishi,  
            Niello, Parra, Plescia, Sharon Runner, Spitzer,  
            Strickland, Tran, Villines, Walters, Wyland
          NO VOTE RECORDED:  Arambula, Negrete McLeod, Vacancy


          NC:cm  8/28/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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