April 6, 2023
California Federation of Republican Women
Janet Price, President
Submitted by the CFRW Legislative Analyst Committee
Theresa Speake, Karen Contreras,
Lou Ann Flaherty and Elaine Freeman,
Following is a bill that has recently received media attention for the legislature’s attempt to address gasoline price spikes and supply issues. The bill was introduced on December 5, 2022, passed by the Senate on March 23, 2023, passed by the Assembly on March 27, 2023, and approved by the Governor on March 28, 2023.
Chaptered by Secretary of State. Chapter 1, Statutes of 2023-24 First Extraordinary Session
SBX12, (SB2) Energy: transportation fuels: supply and pricing: maximum gross gasoline refining margin.
Existing law requires operators of refineries in the state that produce gasoline meeting California specifications, within 30 days of the end of each calendar month, to submit a report to the State Energy Resources Conservation and Development Commission containing certain information regarding its refining activities related to the production of gasoline in that month, including the gross gasoline refining margin of gasoline sold in that month. Existing law requires the commission within 45 days of the end of each calendar month to post certain information on its internet website.
This bill would authorize the commission to set a maximum gross gasoline refining margin, as provided. The bill would require the commission, if the commission establishes the maximum gross gasoline refining margin, to establish a penalty for exceeding the maximum gross gasoline refining margin, as provided. The bill would authorize the commission to petition the court to enjoin a refiner from exceeding the maximum gross gasoline refining margin.
The bill would also authorize the commission to impose an administrative civil penalty on a refiner for exceeding the maximum gross gasoline refining margin, as provided. The bill would require the California State Auditor to make a determination in a report to the Legislature and the commission, by no later than June 1, 2033, as to whether the maximum gross gasoline refining margin and penalty is achieving the intended goal to reduce gasoline price spikes and stabilize the gasoline fuel supply market.
If the California State Auditor concludes that the maximum gross gasoline refining margin and penalty should be terminated, the bill would require the commission, within 180 days after the issuance of the report, to cease implementing the maximum gross gasoline refining margin and penalty, except as provided.
This bill would require the commission, on or before January 1, 2024, and every 3 years thereafter, to submit an assessment to the Governor and the Legislature that, among other things, identifies methods to ensure a reliable supply of affordable and safe transportation fuels in California, as provided.
This bill would establish the Division of Petroleum Market Oversight in the commission that is led by a director appointed by the Governor and subject to Senate confirmation. The bill would specify that the division operates with authority independent of the commission’s authority.
The bill would specify the duties of the division, including, among other duties, the duty to provide guidance and recommendations to the Governor and the commission on any issues related to transportation fuels pricing and transportation decarbonization in California.
This bill would require operators of refineries to report additional information, including the net gasoline refining margin per barrel of gasoline sold in that month. The bill would require the commission to post on its internet website certain information related to the net gasoline refining margin.
Existing law requires major oil producers, refiners, marketers, oil transporters, and oil storers to annually submit certain information to the commission, as provided.
This bill would revise and recast the above reporting requirement to, among other things, require pipeline operators and operators of ports through which refined gasoline is imported to annually report their capacities for all pipelines and ports used to transport refined gasoline, require all importers of refined products and renewable fuels via marine vessel to submit reports to the commission, as specified, require nonrefiners that commercially trade in gasoline, gasoline blending components, diesel fuel, or renewable fuel inventory to submit weekly reports to the commission, as provided,
require refiners and nonrefiners that consummate spot market transactions to submit a daily report to the commission containing certain information for each transaction occurring in the preceding day, as provided, and require refiners to report maintenance activities, both planned and unplanned, to the commission, as provided.
Existing law subjects a person who fails to provide information to the commission after being notified of the failure to civil penalties in specified amounts.
This bill would increase the amount of civil penalties that may be imposed.
This is just a segment of the total bill that was passed. To read the entire bill, click on the bill number at the top. Do we think that these additional government requirements will make gasoline less expensive??
AB 452, Childhood sexual assault: statute of limitations.
Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever occurs later.
Existing law prohibits certain of those actions from commencing on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault, as specified.
Existing law revives claims that would otherwise have been barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired and authorizes the claims to be commenced within specified time periods.
This bill would eliminate time limits for the commencement of actions for the recovery of damages suffered as a result of childhood sexual assault, as specified. The bill would eliminate the prohibition on certain actions proceeding on or after the plaintiff’s 40th birthday unless specified conditions are met. The bill would specify that its provisions apply to any claim action arising on and after January 1, 2024.
SB 12, California Global Warming Solutions Act of 2006: emissions limit.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Under the act, the state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by no later than December 31, 2030.
Under the act, a violation of a rule, regulation, order, emission limitation, emission reduction measure, or other measure adopted by the state board under the act is a crime.
This bill instead would require the state board to ensure that statewide greenhouse gas emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030.
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