BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2076
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          Date of Hearing:   April 24, 2000

                        ASSEMBLY COMMITTEE ON TRANSPORTATION 
                                Tom Torlakson, Chair
                   AB 2076 (Shelley) - As Amended:  April 13, 2000
           
          SUBJECT  :   Strategic fuel reserve

           SUMMARY  :   Requires the State Energy Resources Conservation and  
          Development Commission (CEC) to establish and administer a  
          strategic fuel reserve.  Specifically, this bill  :  

          1)States the intent of the Legislature to establish a strategic  
            fuel reserve to be administered by CEC.

          2)Requires CEC, no later than July 1, 2002, to establish the  
            California Strategic Fuel Reserve.

          3)Provides that the CEC shall determine an appropriate level of  
            reserves of motor fuel to insulate California consumers and  
            businesses from substantial, short-term price increases  
            arising from refinery outages or other similar supply  
            interruptions.

          4)Provides that in no event shall the reserve be less than the  
            amount of refined gasoline that CEC estimates could be  
            produced by one large California refiner over a two-week  
            period.

          5)Requires that CEC, when determining the appropriate level of  
            reserve, take into account all of the following:

             a)   Inventories of California-quality fuels or fuel  
               components reasonably available to the California market.

             b)   Current and historic levels of fuel inventories.

             c)   The availability and cost of storage of fuels.

             d)   The potential for future supply interruptions, price  
               spikes, and the costs thereof to California consumers and  
               businesses.

          6)Requires CEC to establish a mechanism allowing any customer to  
            contract at any time for the delivery of gasoline from the  








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            reserve in exchange for a promise to return an equal amount of  
            gasoline from a refiner outside of California within a time  
            period established by CEC, but no longer than six weeks.

          7)Requires CEC to develop reserve storage space from existing  
            facilities to the extent feasible.

          8)Allows CEC to make additional rules and regulations necessary  
            for the administration of the above provisions.

          9)Requires CEC to report to the Legislature on the progress and  
            proposed operation of the reserve no later than July 1, 2001.

           EXISTING LAW  requires CEC to develop contingency plans to deal  
          with possible shortages of electrical energy or fuel supplies.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  California has experienced a number of gasoline price  
          spikes since 1996.  Usually, these spikes are the result of  
          problems at California refineries.   There are 12 California  
          refineries (owned by eight companies) producing California's  
          unique Air Resources Board-approved reformulated gasoline  
          (CaRFG).  These refineries must operate at total capacity in  
          order to meet California's demand for gasoline. Californians use  
          approximately 42 million gallons of gasoline per day.  If there  
          is even a 10% shortage in supply of gasoline, that represents a  
          loss in gasoline supply of 4.2 million gallons per day.   
          Therefore, when there is a gasoline supply problem, such as a  
          refinery shutdown, the price of gasoline can rise dramatically.   
          California refineries do not currently maintain sufficient  
          inventories to cover gasoline supply shortages.

          When there is a supply disruption, short-term reserves become  
          more valuable, and bidding wars to secure these supplies ensue.   
          The result can be gasoline prices that are 25 cents higher in  
          California than in the rest of the United States.  During the  
          last gasoline supply shortage, California imported approximately  
          10% of its fuel. Out-of-state CaRFG comes from refineries in the  
          Gulf Coast or in Europe.  These supplies take approximately four  
          to six weeks to reach California. 

          Last year, Attorney General Bill Lockyer convened a task force  
          to discuss the high price of gasoline in California and to  
          develop possible approaches to solving the problem of high  








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          prices.  This bill is a product of those discussions.  The  
          Attorney General is the sponsor of this legislation.  According  
          to the sponsor, "[a] state-owned reserve within California's  
          borders would blunt the impact of gasoline price spikes driven  
          by short-term operating disruptions within the  
          capacity-constrained California refining sector."

           How big is the reserve?
            
           The strategic reserve must be large enough to have an impact on  
          price and must be released quickly if there is supply  
          disruption.  In addition, if the supply is maintained by the  
          state (rather than the refineries), it can be filled with supply  
          sources from outside of the state's existing gasoline supply.   
          There is concern that if the reserve were simply maintained by  
          the refineries, the supply of that reserve would come from  
          existing fuel production, thereby lowering the current supply of  
          gasoline and increasing the price.
            
          Reserve levels would probably be set at somewhere between 1.5  
          million and 3 million barrels of gasoline, which is  
          approximately a one to three days' supply of gasoline.  If  
          California lost the production of one large refinery for one  
          month, it would equal approximately three million barrels of  
          gasoline supply.

           How would the reserve be stored?
            
           The CEC would have to arrange facilities to store gasoline  
          because there is not currently enough storage space dedicated to  
          storing gasoline to accommodate the reserve.  However, there is  
          some storage space now used for things such as fuel oil that  
          could be converted to store gasoline supplies.  This would  
          provide enough capacity, and would eliminate the need to build  
          new storage facilities.  The gasoline could be stored for  
          approximately six months, and there are some additives that may  
          be able to be added to gasoline to increase the storage  
          viability of gasoline, which would allow it to be stored for one  
          year or more.  However, more study needs to be done on these  
          additives and their ability to increase the length of time  
          gasoline can be stored.

           What would trigger the use of the reserves and how will the  
          reserve be replaced?









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           The CEC will have to establish an automatic release mechanism  
          for the reserve.  The gasoline reserve would be released  
          immediately when there is a supply disruption in order to  
          prevent large price spikes.  It would be a market trigger.  In  
          addition, CEC will need to develop some type of mechanism to  
          replace lost reserves.   Potentially, the state could provide a  
          California refinery with supply from its reserve at any time.   
          The refinery would then have to arrange for delivery for a  
          refinery from out-of-state to ship CaRFG directly to the  
          reserve.  It is the intent of the author that the reserve be  
          operated by an independent operator that specializes in  
          purchasing and storing gasoline.  The author believes that the  
          reserve should not be operated by the state itself.

          Opponents to the bill argue that this reserve will be expensive  
          to maintain and that it provides no assured benefit to  
          California's consumers.  They are concerned that reserves would  
          not be provided to refiners in a fair manner and that refiners  
          would be forced to pay for reserves at a high cost and replace  
          the reserve at a lower cost.  Opponents also argue that CaRFG  
          cannot be stored for long periods of time and that there could  
          be potential impacts on air quality if gasoline were stored for  
          several months.  Finally, opponents are concerned that the state  
          is ill-equipped to enter this complex gasoline marketplace.   

           Related Legislation  :  AB 2098 (Migden) would require the CEC to  
          study the feasibility of financing, constructing, and  
          maintaining a new pipeline or expanding the capacity of existing  
          pipelines to transport fuel from the Gulf Coast to California.   
          This measure is also being heard in Assembly Transportation  
          Committee on April 24, 2000.

          AB 2666 (Battin) would allow for the import and sale of federal  
          reformulated gasoline, and imposes a surcharge on this gasoline.  

          Double Referral  :  This bill is double-referred to the Assembly  
          Committee on Utilities and Commerce.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Office of the Attorney General

           Opposition  








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          Western States Petroleum Association
          ARCO
           
          Analysis Prepared by  :    Jennifer Gibson / TRANS. / (916)  
          319-2093