BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1455|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 1455
          Author:   Kehoe (D)
          Amended:  5/29/12
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM.  :  5-3, 04/17/12
          AYES:  DeSaulnier, Kehoe, Lowenthal, Pavley, Simitian
          NOES:  Gaines, Harman, Wyland
          NO VOTE RECORDED:  Rubio

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-2, 4/23/12
          AYES:  Simitian, Hancock, Kehoe, Lowenthal, Pavley
          NOES:  Strickland, Blakeslee

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/24/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton


           SUBJECT :    Alternative fuels

           SOURCE  :     CalSTART
                      Natural Gas Vehicle Coalition


           DIGEST  :    This bill requires, beginning November 1, 2015, 
          and every two years thereafter, the State Energy Resources 
          Conservation and Development Commission (CEC) and the Air 
          Resources Board (ARB) report on the status of the state's 
          alternative transportation fuel use, as specified, and 
          directs the CEC and the ARB to update the economic analysis 
          used to develop and review ARB's regulations to include a 
                                                           CONTINUED





                                                               SB 1455
                                                                Page 
          2

          range of petroleum and alternative fuel process to more 
          accurately assess the future costs of petroleum-based and 
          alternative fuels.

           Senate Floor Amendments  of 5/29/12 delete references in the 
          bill to the alternative fuels use goal and implementation 
          of that goal.

           ANALYSIS  :    In 2005, the Legislature passed and Governor 
          signed AB 1007 (Pavley), Chapter 371, which required the 
          CEC, in partnership with ARB and other specified state 
          agencies, to develop and adopt a state plan to increase the 
          use of alternative transportation fuels by June 30, 2007.  
          The CEC adopted the  State Alternative Fuels Plan  at its 
          December 5, 2007 meeting.  The plan outlined specific 
          strategies and targets to increase the use of alternative 
          fuels, including setting a goal of 26 percent penetration 
          for alternative fuel use in California for on-road and 
          off-road vehicles by 2022.

          In 2006, the Legislature passed and the Governor signed AB 
          32 (N��ez and Pavley), Chapter 488, to establish a 
          statewide greenhouse gas (GHG) emissions limit such that by 
          2020 California reduces its GHG emissions to the level they 
          were in 1990.

          This bill:

          1.States it is the intent of the Legislature that the ARB 
            and CEC update the analysis of state's alternative 
            transportation fuels use.

          2.Requires that, beginning November 1, 2015, and every two 
            years thereafter, CEC in its Integrated Energy Policy 
            Report (IEPR) report on the status of the state's 
            alternative transportation fuel use.

          3.Directs ARB and CEC by November 1, 2014 specifically to 
            update the economic analysis used to develop and review 
            ARB's regulations to include a range of petroleum and 
            alternative fuel prices to more accurately assess the 
            future costs of petroleum-based and alternative fuels.

          4.Requires CEC, in consultation with ARB, to do the 







                                                               SB 1455
                                                                Page 
          3

            following:

             A.   Evaluate how new and existing investment programs 
               could help to increase the state's alternative fuels 
               use and include this evaluation in the IEPR.

             B.   Evaluate how federal fuel policies and existing 
               state policies will help increase the use of 
               alternative fuels in the state and include this 
               evaluation in the IEPR.

          1.Requires that when developing new and amended 
            regulations, ARB and CEC include a finding on the effect 
            of any proposed regulations on the state alternative 
            transportation fuels use.

          2.Provides that it does not preempt AB 32 and that its 
            implementation shall be consistent with environmental, 
            public health, and sustainability considerations 
            articulated in existing state law, including that on a 
            full fuel-cycle assessment basis, its implementation not 
            adversely impact natural resources, especially state and 
            federal lands.  

          3.Instructs ARB and CEC, when studying the state 
            alternative transportation fuel use to measure:

             A.   In-state job creation through the continued 
               development of an alternative fuels industry in the 
               state.

             B.   Economic vulnerability of residents to future 
               petroleum fuel price spikes by the use of the either 
               petroleum fuels or alternative fuels and vehicles.

             C.   Alternative fuel market penetration in 
               nonattainment areas.

             D.   Increase access to the supply of alternative fuels 
               and alternative fuel vehicles for all residents, 
               including barriers to supply.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No







                                                               SB 1455
                                                                Page 
          4


          According to the Senate Appropriations Committee:

           Ongoing costs of approximately $300,000 to the Air 
            Pollution Control Fund (special fund) beginning in 2013 
            for the evaluation, analysis, review, and reporting aimed 
            to encourage implementation of the state alternative 
            transportation fuels goal. 

           Minor and absorbable costs to the CEC for the evaluation 
            and reporting aims to encourage implementation of the 
            state alternative transportation fuels goal. 

           SUPPORT  :   (Verified  5/29/12)

          CalSTART (co-source) 
          Natural Gas Vehicle Coalition (co-source) 
          Bay Bio
          Better Place
          BIOCOM
          California Electric Vehicle Coalition
          Clean Energy
          CODA Electric
          Coulomb Technologies
          Mission Motors Company
          Motiv Power Systems
          Plug In America
          Propel Fuels, Inc.
          Quallion LLC
          San Diego Gas & Electric
          Sierra Club California
          South Coast Air Quality Management District
          Southern California Gas Company
          Tesla Motors, Inc.
          Waste Management
          Zero Motorcycles, Inc.

           OPPOSITION  :    (Verified  5/29/12)

          Association of Global Automakers
          Black Business Association
          California Association of Black Pastors
          California Chamber of Commerce
          California Independent Petroleum Association







                                                               SB 1455
                                                                Page 
          5

          California Manufacturers and Technology Association
          California Small Business Alliance
          California Taxpayers Association
          California Hispanic Chambers of Commerce
          CambodianAmerican Chamber of Commerce
          Kern County Black Chamber of Commerce
          Long Beach Black Chamber of Commerce
          Los Angeles Metropolitan Hispanic Chamber of Commerce
          Moreno Valley Black Chamber of Commerce
          National Federation of Independent Business/California
          Slavic American Chamber of Commerce
          Small Business Action Committee
          South Bay Latino Chamber of Commerce

           ARGUMENTS IN SUPPORT  :    The author introduced this bill to 
          build upon the alternative fuels report that AB 1007 
          mandated and the subsequent guidelines ARB and the CEC 
          approved.  She notes that the bill also complements 
          executive branch actions to develop strategies that will 
          achieve our transition away from petroleum dependence and 
          to ensure that these strategies create jobs, produce clean 
          fuels, and reduce greenhouse gas emission reductions.  

          Supporters of the bill state that it is important to codify 
          the AB 1007 target and to build off of AB 1007 with 
          additional strategic planning, including updates of the 
          economic analysis used in developing alternative fuel 
          regulations, evaluating new and existing alternative fuel 
          goals, and creating jobs in the alternative fuels sector in 
          California.  They further note that the bill will provide 
          market signals that attract private investment and business 
          to California by creating a long-term and established 
          commitment to the clean transportation and alternative fuel 
          industries, allowing investors and consumers to plan for 
          the future and transition toward a cleaner and more 
          efficient transportation system.

           ARGUMENTS IN OPPOSITION  :    Opponents state that the 26 
          percent target is an arbitrary and infeasible goal, which 
          is unnecessary in light of California's many adopted fuels 
          policies.  In codifying the target, this bill fails to 
          account for numerous policies now in place, such as the Low 
          Carbon Fuel Standard and the "cap & trade for fuels" 
          regulations that ARB adopted as part of its implementation 







                                                               SB 1455
                                                                Page 
          6

          of AB 32.   They further note that the bill grants ARB and 
          CEC open-ended authority to achieve the alternative fuels 
          target, which opponents note would be very costly to 
          implement.  They point out that fully implementing the 
          state transportation fuels goal would be incredibly 
          expensive.


          JJA:nl  5/30/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****