BILL ANALYSIS Ó AB 2066 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2066 (Lackey) - As Amended April 18, 2016 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|13 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires every motor fuel service station to display the average per-gallon cost of gasoline and diesel fuel resulting from complying with AB 32 cap-and-trade requirements. Specifically, this bill: 1)Requires the California Energy Commission (CEC), in AB 2066 Page 2 consultation with the Legislative Analyst's Office (LAO), to annually calculate the average-cost-per gallon across the industry of refiners producing transportation fuels attributed to compliance with the market-based mechanism adopted by the California Air Resources Board (ARB) pursuant to the Global Warming Solutions Act of 2006. 2)Includes this provision as part of an existing requirement to display a list of applicable state and federal fuel taxes conspicuously at or near the dispensing apparatus. FISCAL EFFECT: 1)Increased annual costs of approximately $460,000 for the CEC to perform the average-cost-per-gallon calculation (special fund.) 2)Absorbable costs for the LAO to assist CEC in the annual calculation. 3)Absorbable costs for the Department of Food and Agriculture to oversee the additional labeling requirements at motor fuel service stations. 4)No additional costs to ARB COMMENTS: 1)Purpose. According to the author, Californians have the right to know when they are paying higher fuel prices to support government programs and the disclosure is most appropriately AB 2066 Page 3 made where fuel is purchased. This bill requires CEC to calculate an estimate of the cost per gallon added to fuel prices for complying with the AB 32 Cap and Trade program. Fuel stations would add this estimate to current signs displaying federal and state fuel taxes. 2)Background. In 2006, AB 32 (Nunez), Chapter 488, Statutes of 2006, established the Global Warming Solutions Act of 2006, which set the 2020 GHG emissions reduction goal into law. The goal of AB 32 was to return California to 1990 levels of GHG by 2020. Among other things, AB 32 authorized the ARB to utilize a market-based compliance mechanism to meet the goal. The market-based compliance mechanism developed and adopted was the Cap-and-Trade program. According to the ARB, the Cap-and-Trade program is a key element in California's climate plan. The program is designed to provide covered entities the flexibility to seek out and implement the lowest-cost options to reduce emissions. It sets a statewide limit on sources responsible for 85% of California's GHG emissions and establishes a price signal needed to drive long-term investment in cleaner fuels and more efficient use of energy. In practice, the program utilizes market forces to drive carbon producers to compete with each other to purchase a finite number of permits to release carbon into the atmosphere (or California Carbon Allowances, CCAs)-including carbon released as a result of refining and burning motor fuel. As the program decreases the supply of free and tradable CCAs, the covered entities either pay more for CCAs or look to other energy sources. The Cap-and Trade program covers about 450 entities. The AB 2066 Page 4 program went into effect for electric utilities and large industrial facilities in 2013 and expanded to cover distributors of transportation, natural gas, and other fuels in 2015. 3)Fuel Service Station Disclosures. Existing law requires several disclosures to the fuel consumer. For example, service stations must display a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus, the actual total price per gallon with taxes, distinctions based on cash or credit payment, and the name, brand, trademark, or trade name of the product, or grade or brand name designation. This bill adds to the existing disclosures. 4)Prior Related Legislation. AB 2656 (Jones) of 2014 would have required each motor fuel transaction in this state to contain specified information regarding the estimated cost of compliance with any market-based compliance mechanism adopted by the ARB. This bill was held on this Committee's Suspense file. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 2066 Page 5