SB 448, as amended, Leno. Energy: petroleum supply and pricing.
Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency, and specifies the powers and duties of the commission with respect to energy resources in the state. Under existing law, various provisions regulate petroleum supply and pricing. Existing law requires the commission to obtain and analyze monthly production reports prepared by the State Oil and Gas Supervisor under a specific provision. Existing law authorizes the State Lands Commission to enter into oil and gas leases for the extraction and removal of oil and gas deposits on state lands. Existing law requires the leases to include a royalty provision.
This bill wouldbegin insert, until January 1, 2018,end insert require the State Energy
Resources Conservation and Development Commission, or the commission, upon appropriation by the Legislature of moneys generated by the collection of royalty payments from the oil and gas leases, to identify data currently collected or developed by the commission and to establish a methodology to analyze whether fuel price manipulation has occurred or is occurring.begin delete The bill would require the commission to notify the appropriate state or federal agencies if a probable market manipulation has occurred or is occurring.end deletebegin insert The bill would require the commission to establish a Motor Vehicle Fuel Market Advisory Committee, as specified, to review specific data and provide ongoing comments, insight, and recommendations about fuel market behavior and transactions related to potential market manipulation and methods to deter those activities.end insert
The bill would require the commission, in consultation with the State Air Resources Board and other relevant state agencies, to include in its integrated energy policy report abegin insert one-timeend insert report on further legislative recommendations to limit the amount of price volatility and comparative price increase in the California fuel market.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25351 is added to the Public Resources
2Code, to read:
The Legislature finds and declares all of the following:
4(a) California is in the process of creating investments in, and
5deployment of, lower carbon and more sustainable fuel options
6for consumers.
7(b) California’s transition to a lower carbon and lower cost
8transportation fuel mix can be threatened by illegal actions that
9manipulate prices and make it difficult to understand the real
10impact of new standards and regulations.
11(c) It is the intent of the Legislature to implement policies that
12begin delete protectend deletebegin insert
diversify the state’s motor vehicle fuel mix and reduce its
13carbon intensity while protectingend insert consumers against market
14manipulation in the wholesale markets for finishedbegin delete gasend deletebegin insert gasolineend insert
15 and diesel fuel and their refining feedstocks.
P3 1(d) Fully detecting and deterring illegal market price
2manipulation for motor vehicle fuels is a complex effort that may
3be beyond the existing data collection and analysis capabilities of
4the state.
5(d)
end delete
6begin insert(e)end insert It is the intent of the Legislature to use existing resources at
7the State Energy Resources Conservation and Development
8Commission and develop additional expertise tobegin delete preventend deletebegin insert identify
9circumstances and segments of the transportation fuels sector
10vulnerable toend insert market manipulationbegin insert and recommend actions to deter
11those activities using existing data, while also understanding the
12limitations of the data that the state already collectsend insert.
13(e)
end delete
14begin insert(f)end insert It is the intent of the Legislature that the authority under this
15act be complementary to the authority of other state and federal
16agencies.
17(f)
end delete
18begin insert(g)end insert It is the intent of the Legislature that the State Energy
19Resources Conservation and Development Commission workbegin insert and
20communicateend insert with other state and federal agencies to identify
21activities that may indicatebegin delete marketend delete
manipulationbegin delete and investigate begin insert in markets for wholesale finished gasoline and
22those activitiesend delete
23diesel fuels and their refining feedstocksend insert.
Section 25356.5 is added to the Public Resources Code,
25to read:
(a) In addition to the requirements of Section 25356,
27and in consultation with relevant state and federal agencies, the
28commission shall do all of the following:
29(1) Identify data currently collected or developed by the
30commission that is important to determine whether improper fuel
31price manipulation has occurred or is occurring. The data may
32include all of the following:
33(A) Individual fuel producer data and importer and bulk trader
34data, including all of the following:
35(i) Production or throughput data.
36(ii) Emission data or operational data.
37(iii) Sales, storage, and transfer volumes.
38(iv) Price.
39(B) Observed and forecasted wholesale market prices.
P4 1(2) Establish an analytical methodology for use in evaluating
2data collected by
the commission to inform whether fuel price
3manipulation has occurred or is occurring. The methodology may,
4at the discretion of the commission, be targeted to analyzing data
5on transactions and market conditions most likely connected with
6fuel pricing manipulation, and may include, but shall not be limited
7to, both of the following:
8(A) Producer, importer, and bulk trader level analysis.
9(B) Marketwide analysis, comparing real time prices to expected
10prices based on published forecasts or modeling output.
11(3)
end delete
12begin insert(2)end insert Analyzebegin insert, in an ongoing manner,end insert the data under paragraph
13(1) that is in the possession of the commission andbegin delete investigate for begin insert identify transportation fuel market segments and
14suspectedend delete
15circumstances vulnerable toend insert fuel price manipulationbegin delete inend deletebegin insert atend insert
both of
16the followingbegin insert levelsend insert:
17(A) Individual business level.
18(B) Marketwide producer level, taking into account the actions
19of multiple producers.
20(4)
end delete
21begin insert(3)end insert Identify data that is not inbegin insert theend insert possession of the commission
22and is considered important to determine whether fuel
pricing
23manipulation has occurred or is occurring. The commission shall
24furnish a list of the data to the Legislature upon request.
25(b) (1) The commission shall establish a Motor Vehicle Fuel
26Market Advisory Committee to review the data gathered and
27analyzed pursuant to subdivision (a) and to provide ongoing
28comments, insight, and recommendations about fuel market
29behavior and transactions related to potential market manipulation
30and methods to deter those activities.
31(2) The committee, pursuant to paragraph (1), shall include at
32least five members with relevant professional or academic
33expertise, to the extent feasible, in accordance with the following:
34(A) A motor vehicle fuel market analyst.
end insertbegin insert
35(B) A representative from the wholesale gasoline and diesel
36fuel industry.
37(C) A representative from the retail gasoline and diesel fuel
38industry.
39(D) A representative from the alternative fuel industry.
end insertbegin insert
P5 1(E) A representative from an environmental, public interest, or
2consumer protection organization.
3(b)
end delete
4begin insert(c)end insertbegin insert end insertbegin insert(1)end insert The commission, in consultation with the State Air
5Resources Board and other relevant state agencies, shall include
6begin delete inend deletebegin insert as part
ofend insert thebegin insert first feasible end insert integrated energy policy report
7pursuant to Section 25302begin insert
that is made following an appropriation
8pursuant to subdivision (e) of this sectionend insert, abegin insert
one-timeend insert report on
9further legislative recommendations to limit the amount of price
10volatility and comparative price increase in the California fuel
11market. The report shall include an evaluation ofbegin delete strategies for all of the followingbegin insert strategiesend insert:
12doingend delete
13(1)
end delete14begin insert(A)end insert Increasing storage of fuels produced in the state.
15(2)
end delete
16begin insert(B)end insert Leveraging the state’s purchasing power related to the state’s
17begin insert motor vehicle end insert fleet.
18(3)
end delete
19begin insert(C)end insert Increasing timely imports ofbegin insert motor vehicleend insert fuelsbegin insert that meet
20existing fuel specifications, as
established by the State Air
21Resources Board,end insert during emergency conditions and rapid price
22volatility.
23(4)
end delete
24begin insert(D)end insert Coordinating the timing of maintenance and shutdown
25activities at in-state fuel production facilities.
26(E) Identifying circumstances and segments of markets for
27gasoline and diesel fuels and their refining feedstocks that are
28vulnerable to price changes and potential market manipulation.
29(2) The strategies evaluated pursuant to paragraph (1) shall
30not do any of the
following:
31(A) Be outside of the state’s jurisdiction.
end insertbegin insert
32(B) Cause backsliding or noncompliance with applicable federal,
33state, or local laws or regulations, including state air and water
34quality requirements, and other requirements for protecting public
35health or the environment.
36(C) Disproportionately impact disadvantaged communities.
end insertbegin insert
37(3) The report pursuant to paragraph (1) shall also include
38comments, insights, and recommendations from the Motor Vehicle
39Fuel Market Advisory Committee.
40(c)
end delete
P6 1begin insert(d)end insert For purposes of this section,
“fuel” means finished gasoline
2and diesel and their refining feedstocks derived from petroleum.
3(d)
end delete
4begin insert(e)end insert The commission shall implement this sectionbegin insert
onlyend insert upon
5appropriation by the Legislature of moneys generated by the
6collection of royalty payments from oil and gas leases entered into
7pursuant to Article 2 (commencing with Section 6826) of Chapter
83 of Part 2 of Division 6.
9(e) (1) Upon collection of the data and completion of the
10analyses required under this section, if the data indicates that a
11probable market manipulation has occurred or is occurring, the
12commission shall notify the appropriate state or federal agencies
13of the probable market manipulation.
14(2)
end delete
15begin insert(f)end insert Nothing in this section shall require the commission tobegin delete make begin insert do either of the following:end insert
16final findings or determinations that market manipulation has
17occurred or is occurring.end delete
18(1) Make final findings or determinations that market
19manipulation has occurred or is occurring.
20(2) Release or disclose information deemed to be confidential
21under the Petroleum Industry Information Reporting Act of 1980.
22(g) Nothing in this section shall prevent the commission
from
23reporting any information to state or federal agencies pursuant
24to existing law.
25(h) This section shall remain in effect only until January 1, 2018,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2018, deletes or extends that date.
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