BILL ANALYSIS AB 2076 Page 1 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 AB 2076 Page 2 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 AB 2076 Page 3 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? AB 2076 Page 4 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 AB 2076 Page 5 Western States Petroleum Association ARCO Analysis Prepared by : Jennifer Gibson / TRANS. / (916) 319-2093