BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2098
                                                                  Page  1

          Date of Hearing:   May 1, 2000

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE 
                              Roderick D. Wright, Chair
                    AB 2098 (Migden) - As Amended:  April 13, 2000
           
          SUBJECT  :  Motor fuel pipeline study.

           SUMMARY  :  Requires the California Energy Commission (CEC) to  
          study the feasibility of financing, constructing, and  
          maintaining a new pipeline or using an existing pipeline to  
          transport motor vehicle fuel.  Specifically,  this bill  :  

          1)Requires CEC, in consultation with the State Fire Marshall, to  
            study the feasibility of financing, constructing, and  
            maintaining a new pipeline, or utilizing or expanding the  
            capacity of existing pipelines, to transport motor vehicle  
            fuel from the Gulf Coast to California.

          1)Requires the study to assess the viability of pipeline  
            transportation to directly or indirectly increase California's  
            supply of gasoline that complies with California's fuel  
            specifications and the potential impact on gasoline prices,  
            the environment, and other issues identified by CEC.

          1)Requires the study to include a discussion of ways in which  
            the state may facilitate the use of a pipeline to transport  
            motor vehicle fuel into California, including any federal or  
            state funds or tax credits that could be used to assist in  
            constructing the new pipelines or expanding the capacity of  
            existing pipelines.

          1)Requires the study to be submitted to the Legislature and the  
            Attorney General by January 1, 2002.

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

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   

          1)California has the highest gasoline prices in the nation,  
            except for Nevada and Hawaii.  During the first eight months  
            of 1999, the retail price per gallon of regular grade gasoline  








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            was an average of 26.3 cents per gallon higher in California  
            than the rest of the nation.  The following factors contribute  
            significantly to the difference between prices in California  
            and the rest of the U.S.:  1) the relative lack of competition  
            within the state's gasoline refining and marketing industry;   
            2) California's unique clean-burning gasoline formulation  
            standards;  3) the distance between California and major  
            refining centers outside the state;  4) higher state taxes  
            (approximately 5.3 cents higher in California than in the rest  
            of the nation).

          1)California has 12 refineries producing California Air  
            Resources Board required (CARB) reformulated gasoline.  These  
            refineries must operate at full capacity in order to meet the  
            state's demand for gasoline.  Gasoline supply disruptions,  
            such as a refinery shutdown, can result in a dramatic increase  
            in gasoline prices.  Reduced inventory levels in California  
            and on the West Coast mean that relatively small supply  
            disruptions can lead to significant price increases.  CEC  
            estimates that by 2003, demand for gasoline within California  
            will exceed in-state supply, thus necessitating a reliable  
            supply of imported CARB gasoline to meet demand.

          1)Importation of gasoline is fairly costly as it must be  
            transported via tanker rather than via pipeline.  According to  
            Octane Week (8/2/99), transportation costs from refineries in  
            the Houston, Texas area range from 8 cents to 12 cents per  
            gallon.  There are presently no pipelines transporting  
            gasoline into the state from other regions of the U.S. 

          1)This bill requires CEC to study the feasibility of financing,  
            constructing, and maintaining a new pipeline to transport  
            motor vehicle fuel.  There are several possible options for  
            pipeline connection to California:  1) construction of a new  
            pipeline;  2) the conversion of one of the two existing  
            pipelines intended to bring natural gas into the state; and   
            3) the completion of the current Longhorn pipeline in Texas  
            combined with an expansion of the Kinder Morgan line running  
            from El Paso to Phoenix and reversal of the Kinder Morgan line  
            currently carrying gasoline from Los Angeles to Phoenix.  All  
            of these options would be studied under this bill.

          1)The Attorney General's office has been studying the California  
            gasoline market for over a year.  After the price spikes that  
            occurred in the summer of 1999, Attorney General Bill Lockyer  








                                                                  AB 2098
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            commissioned a report on gasoline pricing, which was released  
            in preliminary form in November, 1999.  The report concluded  
            that one of the factors impacting California's gasoline prices  
            is supply, which is significantly impacted by the distance  
            between California and major refining centers outside the  
            state.  Since the release of the report, the Attorney General  
            has convened a task force consisting of consumer, industry,  
            and environmental groups.  This bill is a product of those  
            discussions.

          1)Related legislation:  AB 2076 (Shelley) requires CEC to  
            establish and administer a strategic fuel reserve.  This bill  
            is currently before the Assembly Committee on Utilities and  
            Commerce.  AB 2666 (Battin) would allow for the import and  
            sale of federal reformulated gasoline, and impose a surcharge  
            on this gasoline, pending the outcome of a study by the  
            University of California.  This bill was recently approved in  
            the Assembly Committee on  Transportation, and will be next  
            heard in the Assembly Committee on Appropriations.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Office of the Attorney General

           Opposition  

          None on file.
           
          Analysis Prepared by  :    Joseph Lyons / U. & C. / (916) 319-2083