BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 757| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 757 Page 2 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 CONTINUED SB 757 Page 3 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 CONTINUED SB 757 Page 4 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." CONTINUED SB 757 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. 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 CONTINUED SB 757 Page 6 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, CONTINUED SB 757 Page 7 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 **** END **** CONTINUED