BILL NUMBER: AB 1191 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Patterson
FEBRUARY 22, 2013
An act to amend Section 25301 Sections
25304 and 25364 of the Public Resources Code, relating to
energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1191, as amended, Patterson. Energy: assessments and forecasts.
The California Global Warming Solutions Act of 2006 establishes
the State Air Resources Board, commonly known as the state board, as
the state agency responsible for monitoring and regulating sources
emitting greenhouse gases. The act requires the state board to adopt
a statewide greenhouse gas emissions limit, as defined, to be
achieved by 2020, equivalent to the statewide greenhouse gas
emissions levels in 1990. The state board is additionally required to
adopt rules and regulations in an open public process to achieve the
maximum technologically feasible and cost-effective greenhouse gas
emission reductions. Pursuant to the act, the state board has adopted
the Low Carbon Fuel Standard regulations.
Existing law requires, beginning November 1, 2003, and every 2
years thereafter, the State Energy Resources Conservation and
Development Commission, commonly known as the California Energy
Commission, to adopt an integrated energy policy report that contains
an overview of certain topics including specified transportation
forecasting and assessment activities.
This bill would require the California Energy Commission,
commencing November 1, 2014, until November 1, 2020, to conduct the
transportation forecasting and assessment activities annually and, in
conducting the transportation forecasting and assessment activities,
to also evaluate the sufficiency of credits issued under the Low
Carbon Fuel Standard regulations, as specified.
Existing law requires the State Energy Resources Conservation and
Development Commission, at least every 2 years, to conduct
assessments and forecasts of all aspects of energy industry supply,
production, transportation, delivery and distribution, demand, and
prices.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of
the following:
(a) California's transportation energy sector provides citizens
and businesses with the means and mobility for many essential
activities. Industries, commercial businesses, households, transit
agencies, and governments, both state and local, rely on
transportation energy and expect that the necessary supplies will be
available for movement of goods and people over highways, rail,
waterways, and air. Transportation fuels also provide energy for
off-road, industrial, agricultural, commercial, military, and
recreational uses.
(b) State law charges the California Energy Resources Conservation
and Development Commission with the responsibility of conducting
transportation forecasting and assessment activities, including, but
not limited to, assessments of the risks of supply disruptions, price
shocks, or other events and the consequences of these events on the
availability and price of transportation fuels and on the state's
economy.
(c) Under state law, these transportation forecasts and
assessments are included in the biennial integrated energy policy
adopted by the commission. For the purposes of ensuring consistency
in the underlying information that forms the foundation of energy
policies and decisions affecting the state, existing law requires the
State Air Resources Board and other state agencies to carry out
their energy-related duties and responsibilities based upon the
information and analyses contained in the report.
(d) In January 2007, Governor Schwarzenegger issued Executive
Order S-01-07, which established the goal of developing a low carbon
fuel standard (LCFS) to reduce the carbon intensity of transportation
fuels by at least 10 percent by 2020. The Executive Order provides
that the LCFS shall apply to all providers of transportation fuels in
California, shall be measured on a full fuels cycle basis, and shall
authorize compliance through market-based methods.
(e) Executive Order S-01-07 directed the State Air Resources Board
to determine if the LCFS could be adopted as a discrete early action
measure under the California Global Warming Solutions Act of 2006
and, if so, to consider adoption of the LCFS on the list of Discrete
Early Action Measures required to be identified by June 30, 2007,
pursuant to Section 38560.5 of the Health and Safety Code.
(f) In 2010, the LCFS became fully operative through the adoption
of regulations by the State Air Resources Board in Subarticle 7
(commencing with Section 95480) of Article 4 of Subchapter 10 of
Chapter 1 of Division 3 of Title 17 of the California Code of
Regulations.
SEC. 2. Section 25304 of the Public
Resources Code is amended to read:
25304. (a) The commission shall conduct
transportation forecasting and assessment activities to meet the
requirements of paragraph (2) of subdivision (a) of Section 25302
including, but not limited to:
(a)
(1) Assessment of trends in transportation fuels,
technologies, and infrastructure supply and demand and the outlook
for wholesale and retail prices for petroleum, petroleum products,
and alternative transportation fuels under current market structures
and expected market conditions.
(b)
(2) Forecasts of statewide and regional transportation
energy demand, both annual and seasonal, and the factors leading to
projected demand growth including, but not limited to, projected
population growth, urban development, vehicle miles traveled, the
type, class, and efficiency of personal vehicles and commercial
fleets, and shifts in transportation modes.
(c)
(3) Evaluation of the sufficiency of transportation
fuel supplies, technologies, and infrastructure to meet projected
transportation demand growth. Assessment of crude oil and other
transportation fuel feedstock supplies; in-state, national, and
worldwide production and refining capacity; product output storage
availability; and transportation and distribution systems capacity
and use.
(4) Evaluation of the sufficiency of credits issued under the Low
Carbon Fuel Standard regulations, including both of the following:
(A) Data on the projected and actual costs of credits.
(B) Availability and source of credits.
(5) Assessment of the excess or deficiency of credits, if any.
(d)
(6) Assessments of the risks of supply disruptions,
price shocks, or other events and the consequences of these events on
the availability and price of transportation fuels and effects on
the state's economy.
(e)
(7) Evaluation of the potential for needed changes in
the state's energy shortage contingency plans to increase production
and productivity, improve efficiency of fuel use, increase
conservation of resources, and other actions to maintain sufficient,
secure, and affordable transportation fuel supplies for the state.
(f)
(8) Evaluation of alternative transportation energy
scenarios, in the context of least environmental and economic costs,
to examine potential effects of alternative fuels usage, vehicle
efficiency improvements, and shifts in transportation modes on public
health and safety, the economy, resources, the environment, and
energy security.
(g)
(9) Examination of the success of introduction, prices,
and availability of advanced transportation technologies, low- or
zero-emission vehicles, and clean-burning transportation fuels,
including their potential future contributions to air quality, energy
security, and other public interest benefits.
(h)
(10) Recommendations to improve the efficiency of
transportation energy use, reduce dependence on petroleum fuels,
decrease environmental impacts from transportation energy use, and
contribute to reducing congestion, promoting economic development,
and enhancing energy diversity and security.
(b) Notwithstanding Section 25302, and commencing November 1,
2014, until November 1, 2020, the commission shall conduct the
transportation forecasting and assessment activities described in
this section annually.
(c) For purposes of this section, "Low Carbon Fuel Standard
regulations" means those regulations adopted by the state board in
Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations.
SEC. 3. Section 25364 of the Public
Resources Code is amended to read:
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 may request that specific
information be held in confidence. Information requested to be held
in confidence shall be presumed to be confidential.
(b) Information presented to the commission pursuant to Section
25354 shall be held in confidence by the commission or aggregated to
the extent necessary to assure confidentiality if public disclosure
of the specific information or data would result in unfair
competitive disadvantage to the person supplying the information.
(c) (1) Whenever the commission receives a request to publicly
disclose unaggregated information, or otherwise proposes to publicly
disclose information submitted pursuant to Section 25354, notice of
the request or proposal shall be provided to the person submitting
the information. The notice shall indicate the form in which the
information is to be released. Upon receipt of notice, the person
submitting the information shall have 10 working days in which to
respond to the notice to justify the claim of confidentiality on each
specific item of information covered by the notice on the basis that
public disclosure of the specific information would result in unfair
competitive disadvantage to the person supplying the information.
(2) The commission shall consider the respondent's submittal in
determining whether to publicly disclose the information submitted to
it to which a claim of confidentiality is made. The commission shall
issue a written decision which sets forth its reasons for making the
determination whether each item of information for which a claim of
confidentiality is made shall remain confidential or shall be
publicly disclosed.
(d) The commission shall not make public disclosure of information
submitted to it pursuant to Section 25354 within 10 working days
after the commission has issued its written decision required in this
section.
(e) No information submitted to the commission pursuant to Section
25354 shall be deemed confidential if the person submitting the
information or data has made it public.
(f) With respect to petroleum products and blendstocks reported by
type pursuant to paragraph (1) or (2) of subdivision (a) of Section
25354 and information provided pursuant to subdivision (h) or (i) of
Section 25354, neither the commission nor any employee of the
commission may do any of the following:
(1) Use the information furnished under paragraph (1) or (2) of
subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354 for any purpose other than the statistical purposes for
which it is supplied.
(2) Make any publication whereby the information furnished by any
particular establishment or individual under paragraph (1) or (2) of
subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354 can be identified.
(3) Permit anyone other than commission members and employees of
the commission to examine the individual reports provided under
paragraph (1) or (2) of subdivision (a) of Section 25354 or under
subdivision (h) or (i) of Section 25354.
(g) Notwithstanding any other provision of law, the commission may
disclose confidential information received pursuant to
paragraph (1) of subdivision (a) of Section 25304 or Section
25354 to the State Air Resources Board if the state board agrees to
keep the information confidential. With respect to the information it
receives, the state board shall be subject to all pertinent
provisions of this section.
SECTION 1. Section 25301 of the Public
Resources Code is amended to read:
25301. (a) At least every two years, the commission shall conduct
assessments and forecasts of all aspects of energy industry supply,
production, transportation, delivery and distribution, demand, and
prices. The commission shall use these assessments and forecasts to
develop energy policies that conserve resources, protect the
environment, ensure energy reliability, enhance the state's economy,
and protect public health and safety. To perform these assessments
and forecasts, the commission may require submission of demand
forecasts, resource plans, market assessments, and related outlooks
from electric and natural gas utilities, transportation fuel and
technology suppliers, and other market participants. These
assessments and forecasts shall be done in consultation with the
appropriate state and federal agencies including, but not limited to,
the Public Utilities Commission, the Division of Ratepayer
Advocates, the State Air Resources Board, the Independent System
Operator, the Department of Water Resources, the Department of
Transportation, and the Department of Motor Vehicles.
(b) In developing the assessments and forecasts prepared pursuant
to subdivision (a), the commission shall do all of the following:
(1) Provide information about the performance of energy
industries.
(2) Develop and maintain the analytical capability sufficient to
answer inquiries about energy issues from government, market
participants, and the public.
(3) Analyze and develop energy policies.
(4) Provide an analytical foundation for regulatory and policy
decisionmaking.
(5) Facilitate efficient and reliable energy markets.