BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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          |SENATE RULES COMMITTEE            |                        SJR 29|
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                                    THIRD READING


          Bill No:  SJR 29
          Author:   Lieu (D)
          Amended:  As introduced
          Vote:     21


           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  7-0, 6/23/14
          AYES:  Lieu, Wyland, Berryhill, Corbett, Galgiani, Hill, Torres
          NO VOTE RECORDED:  Block, Hernandez


           SUBJECT  :    Natural gas vehicle fuel standards

           SOURCE  :     Author


           DIGEST  :    This resolution urges any official of the State of  
          California involved with the National Conference on Weights and  
          Measures (NCWM) to strongly support the natural gas vehicle fuel  
          standards recommended by the Natural Gas Steering Committee of  
          the NCWM; and urges the U.S. Department of Commerce, the NCWM,  
          and the National Institute of Standards and Technology (NIST) to  
          work with the natural gas industry to develop natural gas  
          vehicle fuel standards that are user and consumer friendly and  
          that include recognition of the gasoline gallon equivalent (GGE)  
          and diesel gallon equivalent (DGE) units for dispensing natural  
          gas.

           ANALYSIS  :    

          Existing federal law:

          1.Reserves to the states the right to regulate commerce  
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            including the regulation of the weights and measures system  
            within their borders.

          2.Establishes the NIST in the U.S. Department of Commerce whose  
            mission is to promote U.S. innovation and industrial  
            competitiveness by advancing measurement science, standards,  
            and technology in ways that enhance economic security and  
            improve our quality of life.

          Existing state law:

          3.Provides that the Division of Measurement Standards (DMS)  
            within the Department of Food and Agriculture (CDFA) has  
            general enforcement supervision of the laws relating to  
            weights and measures and measuring devices, and provides for  
            the enforcement of those laws and the inspection and testing  
            of measuring devices in each county by the county sealer.

          4.Requires the Director of CDFA to establish requirements for  
            commercial weighing and measuring; and requires the adoption,  
            by reference, of the latest standards by the NCWM published in  
            the NIST Handbook 44 (NIST HB 44).  The NIST HB 44 (2014)  
            provides that when compressed natural gas is dispensed as an  
            engine fuel, the delivered quantity shall be indicated in  
            gasoline liter equivalent units or GGE units.

          5.Provides that the definitions of basic units of weight and  
            measure, and the tables of weight and measure and weights and  
            measures equivalents, as published by the NIST are recognized  
            and shall govern weighing and measuring equipment and  
            transactions in this state.

          6.Defines, under the weights and measures provisions of  
            California law, that liquefied natural gas (LNG) is a  
            "petroleum product" and thus is an "engine fuel" or "motor  
            vehicle fuel."

          This resolution makes the following declarations:

          1.Regarding the NCWM:

                 In 1906, a number of states met together to discuss the  
               lack of uniform standards for weights and measurement in  
               the U.S. that was crippling economic growth.  These  

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               meetings marked the birth of the NCWM.

                 The NCWM has evolved into a not-for-profit corporation  
               that ensures national standards keep pace with evolving  
               technology and marketing practices.

          1.Regarding the use of natural gas as a vehicle fuel:

                 Natural gas is the cleanest burning alternative  
               transportation fuel commercially available today; and  
               natural gas vehicles emit 20 to 30% less greenhouse gases  
               than their diesel and gasoline counterparts.

                 The utilization of natural gas as a motor vehicle fuel  
               has seen a massive increase over the past five years due to  
               stable and affordable pricing.

          1.Regarding California's efforts to promote the use of natural  
            gas vehicles:

                 California provides incentives to encourage the  
               development and deployment of natural gas vehicles and  
               fueling stations in the state; and laws have been enacted  
               to encourage growth in purchases of natural gas vehicles.

                 New networks of natural gas vehicles and fueling  
               stations are being established around the country and  
               within California.

          1.Regarding the manner in which natural gas is sold for vehicle  
            fuel:

                 In 1994, the NCWM established the GGE as the official  
               unit of sale for compressed natural gas (CNG).  The GGE  
               standard puts CNG in a unit that is familiar to consumers  
               and allows consumers to evaluate the cost between CNG and  
               traditional motor vehicle fuels.

                 Since 2011, an increasing number of long-haul trucking  
               companies have begun converting their fuel source to LNG;  
               and by the end of 2014, there is expected to be a  
               nationwide network of LNG refueling stations.

          1.Regarding the standards by which natural gas fuel is  

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            calculated for sale to consumers:

                 On March 19, 2014, the NCWM announced that its Natural  
               Gas Steering Committee recommended that natural gas be sold  
               in terms of gasoline and DGEs as opposed to units of mass,  
               either pounds or kilograms.

                 The NIST publishes the standards adopted by the NCWM;  
               and California is one of 44 states that automatically adopt  
               the standards published by the NIST.

           
          Background
           
          The use of natural gas as an alternative to traditional motor  
          fuel has greatly increased over the past five years due to its  
          affordable pricing and environmental incentives:  namely,  
          natural gas' emission of 20-30% less greenhouse gases than its  
          gasoline and diesel counterparts.  There are two types of  
          natural gas:  CNG and LNG.

          In 1994, the NCWM established the GGE for the sale of CNG.  The  
          GGE is a consumer friendly standard because it signifies an  
          amount of CNG that has the same energy content as a gallon of  
          gasoline.  This allows consumers to easily analyze the costs and  
          benefits of switching to natural gas.

          In the past two to three years, many long-haul trucking  
          companies have transitioned, or are in the process of  
          transitioning, to LNG trucks.  Because LNG only replaces diesel,  
          the Clean Vehicles Education Foundation along with the Natural  
          Gas Vehicle Industry recognized this change and in 2013  
          requested that the National Conference on Weights and Measures  
          adopt a standard of DGE.

          In January 2014, the NCWM announced a recommendation, to not  
          only deny the DGE proposal, but also to repeal the GGE standard  
          approved 20 years earlier.  Instead of continuing the status  
          quo, the NCWM considered a new metric system based measurement  
          of natural gas in kilograms.

          There was immediate backlash from the Natural Gas Vehicle  
          Industry, which argued that the proposal would create barriers  
          to natural gas vehicle adoption, such as consumer confusion and  

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          costly replacement of natural gas dispensers, estimated at  
          $70,000 apiece.

          A committee within the NCWM was created, called the Natural Gas  
          Steering Committee, whose purpose was to research the benefits  
          of the two different standards and make a recommendation based  
          on their findings.  In March 2014, the Committee announced their  
          recommendation that natural gas be sold in terms of GGE and DGE  
          as opposed to units of mass, either in pounds or kilograms.

          Even in light of this finding, however, there is still debate  
          surrounding which standard should be used.  The NCWM is  
          scheduled to vote on the recommended natural gas vehicle fuel  
          standards at its meeting in July 2014.

           

          Comments
           
          The author states:

          "At their annual meeting in July the National Conference of  
          Weights and Measures will vote on the standard unit of measure  
          for natural gas used in transportation.  The National Conference  
          on Weights and Measures is a professional nonprofit association  
          of state and local weights and measures officials, federal  
          agencies, manufacturers, retailers and consumers.  The NCWM  
          develops national weights and measures standards.

          "The Natural Gas Steering Committee of the National Conference  
          of Weights and Measures is recommending:  (1) that retailers be  
          allowed to dispense CNG and Liquefied Natural Gas (LNG) in DGE  
          units; and (2) the retention of the existing standard (with some  
          minor changes) allowing CNG to be sold in gasoline gallon  
          equivalents or GGE units.  The GGE standard has been in place  
          since 1994. 

          "California's natural gas transportation industry and freight  
          and transport companies strongly support this recommendation.

          "California and the United States must establish a vibrant  
          marketplace for transportation fuels or petroleum will continue  
          to dominate for decades.  A vibrant fuels marketplace requires a  
          transparent, simple, and understandable system for consumers to  

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          make educated and informed choices.  Using gallon equivalents  
          for natural gas will help achieve this.

          "California's representatives to the National Conference of  
          Weights and Measures should support the gallon equivalent  
          approach to selling natural gas used in transportation."

          FISCAL EFFECT  :    Fiscal Com.:  No

           SUPPORT  :   (Verified  6/24/14)

          California Natural Gas Vehicle Coalition
          UPS (United Parcel Service)

           ARGUMENTS IN SUPPORT  :    The California Natural Gas Vehicle  
          Coalition states, "We strongly believe that establishing a  
          national diesel gallon equivalent (DGE) standard that allows  
          retailers to sell LNG in DGE units will significantly help the  
          development and deployment of a growing domestic NGV industry.   
          We also support maintaining the existing Gasoline Gallon  
          Equivalent (GGE) which was established in 1994."

          Proponents contend that there must be a strong and valid  
          marketplace for transportation fuels such as natural gas or  
          petroleum will continue to dominate for decades.  The market  
          place demands a transparent, simple, and understandable system  
          for consumers to make educated and informed choices about  
          vehicle and fuel purchases.  They write, "Establishing a  
          national standard for selling natural gas in gallon equivalent  
          units will help create such a marketplace that benefits  
          consumers, retailers, and the economy as whole."


          MW:e  6/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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