BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2066 (Lackey) - As Amended April 18, 2016


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          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  








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            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  








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            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  








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            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


















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