June 3, 2026 · Energy Utilities Comms · 38,293 words · 7 speakers · 321 segments
Thank you.
All right, let's call the Senate Committee on Energy Utilities and Communications to order. Welcome, everybody, to today's oversight hearing on managing the transportation fuels, transition issues, pricing, and update on ensuring affordable and reliable fuel supply. We certainly all know that there's lots of concern out in the public about the rising costs of gasoline fuel. It's been an issue for many years, of course. It's what inspired our legislation back in 2022, my bill, SB 1322, which created a whole mechanism for greater transparency about the cost of producing gasoline sold in California by requiring our oil refineries to report specific data to the CEC, our California Energy Commission, to better understand what's driving gasoline prices. Those efforts were then further expanded by recent legislative special session bills. There was SBX12 from the special session that we all held a few years back, which requires additional reporting to the CEC as well as the authority to implement a gross refining margin cap and penalty on refiners, among other provisions. I think we're getting some feedback from that computer. We're getting feedback.
Did you already tell everybody that?
But we're really proud of the transparency that has been provided by that legislation, and I think it's making a difference already in helping. Actually, several of the presentations I think you see today will be informed by information that's been gleaned from reporting coming out of SB 1322. So it's certainly been my hope that all of these tools are providing at least some greater transparency and better understanding of all of these many forces that are impacting our transportation fuels market here in the state. We've heard earlier, and many of you know, about Professor Bornstein, Severn Bornstein's mystery surcharge that he's written and spoken about extensively. That's one thing we certainly have had some more information about. That's that unexplained additional cost that Californians have been paying on every gallon of gasoline since the 2015 Torrance refinery explosion popped in there. And then, of course, the refinery came back online, but the prices haven't come back down to where they might have expected to have been. So, the second extraordinary session, the special session, provides the CEC with the ability to regulate minimum supply inventories through refinery turnarounds, maintenance events. That with ABX 2 which is also another one of the special session bills that came out a couple years ago So we got lots of challenges associated with supply We know that our two additional in refineries were preparing to close Phillips 66 in Wilmington, Valero, up in Benicia. That's bringing our in-state refineries to now seven. In-state refineries producing California's unique gasoline blend. We're also, of course, working toward all sorts of fuel-efficient and zero emission vehicle and cleaner fuels transitions. There's potentially less demand for petroleum-based fuels in the future. But I think one of the things that we've been discussing as a caucus and with others is that the decline may be more gradual than the planned closure of refineries. And so one of the challenges is how do we make sure that we ensure that there's enough fuel supply that's a reliable and affordable with so much volatility in the world right now. And so we've got this – we already had a whole slew of challenges. Then, of course, at the very end of February, President Trump launched the coordinated attack on Iran, killing the supreme leader there, pulling the U.S. into what's now, I think, the 14th week of war. Retaliation from Iran then closed the Strait of Formos, where 20 percent of the global crude supply is shipped. And that's exacerbated a lot of the fuel cost challenges that we've had. By all accounts, it's increased the dollar per gallon. It's increased costs by about a dollar per gallon since the start of the war. So we're going to be hearing from a lot of really exciting voices. And I'm glad to see that we've been able to pull together a really good mix of perspectives. So we're going to hear from the administration, specifically our CEC Vice Chair, Sivagunda, the Department of Petroleum Market Oversight, Chief Director, Ty Milder, and then also we're going to be hearing from our Air Resources Board, California Department of Tax and Fee on the status of various requirements of the special session bills, regulations and reports, as well as the SV237 assessment, evaluating near-term options as recommended by Vice Chair Guinda to the Governor. We're certainly, then we're going to be hearing from some stakeholder perspectives, including Jamie Court from Consumer Watch Dogs, Zach Leary from WISPA, Jeremy Martin from the Union of Concerned Scientists. So we're very, there's a lot of interest here on this committee, on this topic, as you might expect. We're interested in the status of the current supply. You know, as crude oil and shipments and feedstocks are being affected by the war, you know, refined fuels, they may be further affected in California due to the closure of in-state refineries, the need to depend on more imports. I think we're going to be hearing discussion of some new, you know, pipelines that could make a difference that are under consideration and that could make a difference for our supply in California. So let's get started. let's have the first panel. So we'll ask Vice Chair Gunda to come up. And then I know we've got Gentian Troboniku, who's the Chief Deputy Director from CDTFA. Ty Milder, who's here from the Department of Petroleum Market Oversight. And then Matthew Botel, who's the Chief for Industrial Strategies Division at CARB. So let give you guys the opportunity to all present in that order and then we will open the floor to questions and discussions
Mr. Chair, do you need some coffee or tea or something? I've never seen you, so...
Well, this chair had a very long night last night.
You are hurting, man.
We've got to get this done.
We can put you to bed.
Yeah, well, it's a long night last night.
Yeah, I hope you guys can keep him awake.
Yeah, yeah.
So let's get started.
Yeah, Mr. Vice Chair.
You've spoiled us in the past.
Yeah, I know, I know.
Good afternoon, Chair and members of the committee.
I'm Siva Gunda, currently serving as the Vice Chair of the California Energy Commission for the record, and thank you for the opportunity to be in front of you today and walk you through the interest around the fuel supply and the long-term transition opportunities for California.
Okay. Thank you.
So this kind of slide just sets the stage for our conversation. just elevating a few pieces here in terms of the Californias. In the long term, we've always discussed that California is less connected through pipeline networks to the rest of the U.S. It creates this island kind of effect where we, when we need fuel, we'll either have to produce in California or bring it through imports. So marine imports are continuing to increase. That's an important piece. And as Chair Allen just mentioned, we are beginning to see that the market overall is transitioning in how it supplies California fuel. One of the exciting opportunities and potentially a game changer for California in terms of connectivity is the proposed gateway pipeline by P66 and Kinder Morgan. It's a joint venture. There are other options that are currently being considered, but basically what this does is connect us to Gulf Coast and potentially bring as much as 200,000 barrels a day. This is another setting the stage slide, but I wanted to pull together again, reiterating a couple of points that Chair Allen mentioned here. the overall refining, the number of refineries in California has been declining or contracting in terms of what we can produce in California. And I'm going to walk through how that is changing in terms of import composition, but also how the refineries are producing different blends. What you will see here on the Y-axis is we approximate the output of the refineries in terms of gasoline at about 55%. and I'll show how that has changed in the past, you know, upward of 60. So as you see here, we have structurally moved into an import in a state starting 2015, right after we had the Torrance event, and it kind of coincided with that. And since then, we have been continuing to import more and more fuel. And wanted to also recognize here that some of the imports we bring in and the defined capacity in California does serve our neighboring states in terms of Nevada and Arizona. And similarly, some of what's produced in Washington comes to us in California, and there is a regional connection here. In terms of overall import dependency in 2025 we got to about 165 barrels of gasoline at an average to fill and we are seeing that the market is responding Apologies, I'm just kind of trying to. Okay, so in terms of just looking at how the refinery production has changed, I want to call your attention to the overall stack of what's being produced in California. Over the last 10, 11 years, the overall gasoline production has gone down in terms of share. It was as high as 60% when you take into account both Carbob, but also some of the fuels we produce for our neighboring states. It was about 60%, and as you see there today, it's come down to about 55%, and some of that reduction has gone into jet fuel production. And that is very much related to long-term increase in jet demand that we see. While the gasoline demand is going down, we will continue to see increased jet fuel demand in California. Yeah. So I think the main takeaway there is, while there is a little bit of flexibility on what the refineries could do, there isn't a lot, and they are exercising that to match the demands of the market. Apologies, this is, I'm not able to move the slide, okay. So this slide here just gives you an overall picture of where our dependencies are coming, the imports are coming from, both in terms of crude as well as refined fuels. As most of you know, we are currently dependent of about 75% of crude from outside of California. We produce 25% of crude here. 10% of the 75, meaning 65 left, comes from elsewhere internationally, but the other 10 comes from Alaska. So what you're seeing there in brown and orange shades is where we are having the largest dependency. And as the war has progressed, some of the lost battles from the Middle East have been made up through South American battles as well as Canadian crude. On the gasoline refined product side, because we import both, we have a significant dependence on the rest of the U.S. So those battles are coming from both Gulf Coast but also the Northwest. One of the things that you'll see there is the Bahamas. Bahamas is largely a U.S. product. So some of the refineries, because of the constraints on the Jones Act vessels, send the fuel to Bahamas on non-Jones Act vessels and then bring it back to California. So the Jones Act waiver recently from the Trump administration has significantly helped us in terms of making sure the fuel flows well. But also important here is there is a lot of dependency on India and South Korea and more and more Japan and other Asian markets. A piece here is as we have more dependency in California, there is more of a signal globally that California would require a refined product. And that is making some of the refineries in other countries really start producing carb up. Based on the information today, we see about 10 refineries outside of California are producing California blend or blend stocks. And those are coming through a variety of ways over the waters. So just to kind of then provide a kind of continued context from 2025 into 2026, really we have seen some historically high increase. Imports coming into California even through March, April, and May. And as you see there, the U.S. kind of dependency from Gulf Coast is really increasing as well as India, South Korea, and other Asian markets. Okay. So here's kind of a quick look at month-by-month imports coming in. And as I mentioned, we've seen some historically high levels of average imports coming into California in 2025. But in 2026, especially after the closure announcement of Valero and the war, we continue to see some of the highest levels of imports coming in. Just to kind of point back to an earlier slide, we are looking at about 165 to 200,000 barrels of import dependency into California and our neighboring states. and we are seeing some historical levels of imports coming into California, and that will be reflected in why the inventories have been stable. So then kind of looking at how the composition of the marine terminals and how the imports are changing. So what this is doing is not just looking at the refined fuels, but it is stacking all the different imports we bring into California. So what you're seeing here is averages over the year, So if you look at the chart, I want to point and draw your attention to a couple of things. One, the overall average levels of imports that include crude, gasoline, diesel, and jet fuel collectively seems to be coming at about 1.3 million barrels roughly. But as you see there, also the second point that the crude has gone down because of the refining capacity shrinking in California. The crude is going down and that is being replaced with import gasoline as well as jet fuel. So the next slide will kind of show, while that is the average, what we've added here is a second column showing you the months where we had the maximum amount of imported refined fuels, not crude, imported refined fuels. So what it suggests again is there is a significant amount of surge capacity still in the system. And the system is using that during these extraordinary moments. One of the things we depend on internationally, especially UK and Netherlands, is some of that fuel really comes into California as when we need that surge amount of blended components. So again, as you see here, it's important for us to recognize that we do have a good amount of import capacity at this point. and what we are trying to do at the Energy Commission as per the statute, the second special session, ABX 2.1, is looking at how to evaluate the import opportunity for California, whether we have enough refinities across the globe that can produce it, whether we have enough vessels to move that around, both internationally but also domestically, do we have enough dock space in California to unload them, and finally can you distribute? So what we're hearing more and more is there is a real kind of a congestion or an opportunity for us to work on around the distribution level. While there seems to be enough refineries with advanced notice that can make carb up and the blending stocks, it's really important for us to think about how to move that within our distribution network. So that kind of brings to a few slides on where we are in terms of the overall kind of inventories in the pad five as well as the US So the first one you seeing here which will be very similar in the next few slides is pad five which includes California Oregon Washington Nevada Arizona Alaska and Hawaii And when you look at composite, all of the existing fuel inventory, the gasoline inventory, we are kind of tracking at the lower end of the 10 years. But as you see there, every time we dip below, it starts coming back up again. So that is kind of what the signal to the rest of the importers is and the traders and shippers to bring that additional fuel. We have seen a dip in the last couple of weeks, but then again it got stabilized. One of the reasons why we saw the dip is we had a couple of refineries in the west. both BP, Sherry Point, and P66 Ferndale had a little bit of an outage, which had back online, and that kind of stabilized things again. But also recognizing that every time those are down and the prices, pot prices go up, that's the signal to attract more imports. And everything that you see here is very much corresponding to how the rest of the U.S. is. So in terms of jet fuel, so we are actually tracking at the highest levels. As you know, there has been a lot of information around what's happening with the jet fuel across the globe. One of the pieces, one of the important things about the conflict in the Middle East is much of the refining capacity that got impacted in the Middle East is mostly jet and diesel. And that serves Europe. So much of that impact was initially felt in Europe. But we as California and the rest of the U.S. is largely self-sufficient. But self-sufficiency will not help us from price increases because it's a globally traded commodity. So on slide number 12, quickly showing you that similar to that on the diesel side, we are actually on the lower side in terms of diesel inventories. while much of California's diesel use is renewable diesel, we do produce fossil diesel, and that kind of sometimes could become the barrel where we are trading the spot market trades are based on, so it's important for us to track that. But more recently, renewable fuel is trading at a discount to fossil fuel. So while there is a fossil fuel, but to the extent that we use fossil fuel in California, it still will be pegged at that. But how does all that come together into an important metric that we were able to develop? And I just wanted to take an opportunity here to say, you know, share my gratitude to the legislature for giving us both the ability to collect more information through the special sessions and giving us those permissive tools to use if we think it's beneficial in public interest. One of the core pieces that we've developed was what is called days of supply. This takes into account four variables to normalize and try to compare apples to apples as much as we can with conditions previously. So what it takes into account are four specific metrics. One, it looks at the demand. Obviously, we know the demand's dropping in California about 1% to 1.5% a year, and so that takes into account. It also takes into account what the inventories are, both in California and more in the West. And then it also takes into account what production we see forward-looking two weeks. And finally, we're able to kind of watch imports. So as I mentioned, imports have come really well into California. We don expect them to diminish you know in the near future But as you see there the DOS or the days of supply metric is right in the balance So we feel comfortable and I said this in our assembly hearing on the topic what we know is, you know, even under extreme situations that days of supply will not fall behind, you know, the 10-year range up to, you know, six or seven weeks, right? So what we meant to say at the assembly hearing is that's the visibility we have. That doesn't mean that we will run out of supply in California. As the supply gets tight in California, the prices will go up and attract more imports. So this kind of coming down a little bit, now moving into the long run trends here. This is a slide that you all have seen in the past. Three lines here, blue in California, average price. The black is the U.S. average prices, and the green is the difference between California and U.S. I also want to point to you, there's a little bit of a difference. There's a second line under blue and green. The black dashed line is something that you don't see because it actually overlaps. What those two lines are is two different resources we have. So one is the AAA opus data, which is more widely open for people as well as EIA. So those two resources use slightly different ways of collecting information. For example, AAA looks at the credit card transactions every day and averages that out across the state. Versus EIA takes a sampling and does a volume-weighted pricing. So because of that, you see the delta and want to observe that the delta is very visible for California, but for not the rest of the U.S. And it's important for us to note. We regularly overestimate California's price by about 10 to 15 cents. And so then kind of drawing your attention down to just the U.S. California differential, it's important for us to recognize a number of different trends here. So one, after the price spikes that we had in 2022 and 2023, and again, thanks to the transparency tools and the ability to understand what's going on with the industry, the kind of the U.S.-California differential increase that we are seeing right now is not similar to what we saw in 2022 and 2023. It's structurally very different. So as you look there, a couple of trends. One, the overall, the price increases and decreases, the volatility has been a lot more stable since 2024. And there are a few different areas that we kind of shaded, and those do incorporate times when we had outages. For example, in 2025, we had two specific issues, one in spring where we had three refineries, one after the other had unplanned outages. And similarly in fall we had an extraordinary event where we had a couple of refineries out at the same time. But what I want to point to is while there was a slight elevation or escalation in the overall differential, they were much more muted given the coordination that we have been able to do. But I also want to take this opportunity and to address a couple of things that colleagues from the Consumer Watchdog has mentioned in the past, which is while the escalation right now is really tied to the war there was a pre escalation that did occur And I want to just be very clear that we saw that directly related to the early idling of Valero Valero gave us a one-year notice in April 2025, and as they were coming close to April 2026, they started idling their units earlier. And similarly, the PBF, Martinez, which was supposed to come online in February, as they were turning it on had time to completely come online. And so every time you had a delay, that was a market signal as if it were an unplanned outage. So those did impact. But as you see there, as we were beginning to come down in the California-U.S. differential, the water really kind of started moving us back up again. So there was a question on whether resupply would have helped, you know, I think a well kind of structured resupply statute could definitely help, but I think what we're trying to do over the last few years since the special sessions is take the whole issue around two refineries leaving California and the decreased amount of in-state production and the totality of the context as we develop those rules. And one of the things that the Energy Commission tried to do with the given resources that we had really point towards figuring out whether some of the assertions that were made by the industry were true, look at the analysis to understand where the price spikes were coming, but also thinking through how best to use the permissive tools that you've given us to help in the long term and take them in the context of the mid-transition. So through the amendments of the PYRA made in SBX12, to refinery operators in California are legally required to report to CEC any planned refinery closure at least 12 months ahead of time. The law, however, does not specify what type of operations they need to do during the time. So as we've learned from the last couple of years, the important part for us is as we think about the resupply rules, how do we take the lessons of the last couple of years to make sure that those resupply rules are actually beneficial in reducing the price spikes. And finally, the CEC can and has adopted refinery maintenance guidelines, which include a requirement that refineries provide resupply plans before conducting any planned maintenance. For example, if a refinery conducts planned maintenance during a 12-month period before it shuts down, it is still legally required to maintain resupply plans and provide notice of those plans. So it has been very helpful for us to see the data and work collaboratively, not just through a regulatory frame. So then kind of pointing to the gasoline price spikes and what we've seen since the start of the war, just calling your attention here, you know, the whole U.S., the prices have gone up. So if you take February 28th and see where the prices are today across different states, California's prices have gone up by $1.35, and we stand about 21st in the ranking today. And as you see there, Utah is the highest, given that they are really landlocked more than us. And when the WTI prices, the crude oil prices go up, it really hits them. So it really translated for them versus us. And the other pieces here are you see some of the states like Indiana and others have gone up for a while, and then they're coming down now. It's because it's a combination of grass tax waivers that have been put forward by some of the states. and some of them had supply constraints because of refinery outages. But overall, we've been right in the middle of the pack the entire time. So finally, a couple of slides here. As we look into, you know, the prices have gone up and what contributed to those prices, you know, I always want to recognize that California's prices generally are higher because of the taxes and environmental costs we have in California. but it's also simultaneously true that those don't go up and down and those don't spike. So as you see there, at the bottom, the tax and environmental costs in California have not increased. It's about five cents, and that is really tied to the taxes. So the other piece is really coming from the biggest increase is coming from the crude oil costs. The crude oil costs have gone up significantly. And as you see there, sometimes the prices were over $100, $110. So let me kind of take a moment to just translate this to the senators here. Every time the gas, the crude oil prices go up by $10, it will be 25 cents at the pump. So if, you know, from where we are today, if there is an increase of the crude oil prices by another $30, $40, dollars, it's going to just translate straight to a dollar at the pump, plus any exposure we might have in terms of global trading. So while we kind of think that the crude oil prices might have stabilized at the moment, depending on where the conflict could go, if the crude oil prices continue to go up, it will be a direct translation to the price at the pump, not only in California, but everywhere in the U.S. And finally, the industry margins have been going up as well, and it's important to make sure that we articulate that clearly. So the industry margins as a whole, which includes both the refinery margins as well as the retail margins, have gone up by 75 cents since the beginning of the conflict. Based on the analysis we have, currently 76% of that has been in the retail, generally on an average, But in this case, about from off the 75 cents, roughly 73 cents has been on the retail side and few cents. But during the middle of the time here, sometimes the refinery margins have gone up significantly higher. So it's important to note that the refineries are making money at this time. One of the reasons for that is the in-state refineries have wider margins because the marginal barrel is still an import barrel. While their costs of acquisition of crude oil might not change day to day, if the import barrel which is being sold at the rack is priced marginally at a very high cost, that delta will be captured by everybody who's selling in California. So the refining margins are going up, but the retail margins have also gone up significantly. And that's important for us to note. So finally, I wanted to close off with this slide and pass it to my colleague, Genty, from CDTFA. Just at the top, one of the statutory responsibilities of the SBX1-2 was to develop a pricing report jointly between CEC and CDTFA. In 2024, the report we started from ground up, really we mapped California infrastructure establishing some baseline price comparisons against other states and laying out how tax revenues flow In 2025 that work deepened significantly and considerably and thanks to colleagues from CDTFEA who have put a significant amount of time we started looking into a spot market in imports and how that impacts. We also deepened our analysis on the retail prices, margins by brand and local competition. And this year, 2026 report, which is the third one, which we are hoping to send it to you soon here, we continue to deepen our analysis, and I would rather see the TFA speak to that. Thank you.
Vice Chairman Grunda.
Thank you, Vice Chairman Gunda.
Thank you, Mr. Chairman and members of the committee for allowing me to speak with you today. I'm Genty Drobuniku, Chief Deputy Director at the Department of Tax and Fee Administration. First, I would like the teams at CDDFA and CEC for their tremendous work on these reports. I'd also like to thank many in the industry for their collaboration and cooperation. Today, I will highlight some of the main findings from the CDTFA CEC joint report on gasoline prices in California and the related effects on state revenue. My presentation will focus on the retail side of the market. Specifically, I will address gasoline excise tax history, sales and revenues over time, retail pricing and margins, price variation and increasing gap between brands, and lastly, go over a few topics we would like to explore in future reports. At a high level, if I were to summarize the central findings of this presentation, it would be this. The widening retail margins suggest that retail-side pricing behavior, pricing strategies, and business models are playing an increasingly important role on how much consumers pay at the pump. With that in mind, and to provide some context, I will start with a brief overview of California's gasoline excise tax. I will not go over a century of legislative history and highlight a few events. Oh, thank you. So the first excise tax on gasoline was imposed in 1923 at a rate of 2 cents per gallon to fund and maintain road constructions. That increased in 1927 to 3 cents. As the state grew and transportation demands increased, lawmakers enacted several increases over time to support road and highway development and maintenance. In 1971, the Transportation Development Act applied sales tax to gasoline and the revenues went to a state general fund. In 1990, voters passed Proposition 111, which doubled the excise tax from $0.09 to $0.18 over a period of five years. The gas tax swap of 2010, which was designed to be revenue neutral, eliminated the state's portion of sales tax on gasoline, lowering the statewide tax rate by 5%, while at the same time increased the per-gallon excise tax. In 2017 Senate Bill 1 increased the excise tax excise tax gas by 12 cents and indexed it to inflation starting in 2020 meaning the rates adjust annually in line with California Consumer Price Index In 2018 with Proposition 6 on the ballot California voters had the option to repeal the tax increase enacted under Senate Bill 1, but voted against the repeal by about 56% to 43%. Next slide. This slide shows California gasoline sales and excise tax over time. These are nominal rates, meaning there are no adjusted for inflation. The sales tax on the right, Y axis, is represented by the yellow line as a percentage of sales, and the excise tax, left side, Y axis, represented by the blue line, and is cents per gallon. As you can see here, the 2010 large drop in sales reflects the fuel tax swap, swap, which lowers sales tax and adjusted excise tax, so the change would be revenue neutral. As I noted currently, the gasoline excise tax in California is tied to consumer price index and is adjusted every year. Next slide. Thank you. Here, this slide shows the California excise tax adjusted for inflation since 1923. As the slide shows, when adjusted for inflation, the California excise tax is not uniquely or historically high. The real tax burden was comparable or even higher in prior decades. For instance, when adjusted for inflation, even in 1927, excise tax of $0.03 would be about $0.57 today, pretty close to the current rate of $0.61.2. As I noted, the recent increases in 2010 and 2017 restored the real value you can see here on the line, real value of the excise tax of prior inflation eroded transportation funding. Next slide. Here, moving on to the volume sold in California. Gasoline volume in California remained relatively steady at about 15 billion gallons per year between 2000 and 2019. And it started a decline during the pandemic, starting with the second part of fiscal year 2020. And then in 2021, it dropped to about 13 billion gallons, or about 14% compared to 2019. After a slight increase in 2022, the last couple of years' volume has declined about 1.5% to 2% a year. Among several factors contributing to the decline are increased sales in electric and hybrid plug-in vehicles. For instance, in 2016, electric and plug-in vehicle sales in California accounted for about 4% of registered vehicles. By 2024, that number more than doubled to about 10.5%. In 2024, for instance, one in four cars, or 25%, sold in California were hybrid or electric. Also, about 35% of all electric vehicles in the United States are registered in California. We are about 12% of the population. Next slide. Here we show California revenue over time. The blue bar represents the estimated sales tax revenue, and the yellow bar represents the excise tax revenue. The decline, as I noted, in sales tax revenue around 2010 reflects the fuel tax swap, which, as I noted earlier, reduced the sales tax by 5% and was designed to be revenue neutral. Interestingly, extending the pre-2010 trend line, as you can see here, that light blue line there, forward, so use the trend line forward, suggests that the current gasoline tax revenues are broadly consistent with what they might have been under the pre-2010 tax structure. Next slide. This slide here is basically shows the same revenue data but adjusted for inflation with a couple of exceptions that you can see the current gasoline tax revenue when adjusted for inflation are generally in line with historical levels Next slide Now moving over to gasoline retail market landscape and pricing Here we show some shifting California retail market over the last 10 to 15 years, most notably with the growth of hypermarts and unbranded stations. Hypermarts are gas stations typically tied with large retailers, such as Costco or Walmart. An unbranded station can be small, independently owned gas stations, or corner store gas stations, or can be very large chain retailers, such as 7-Eleven. The gasoline of this unbranded station sale is produced by the same refineries as branded stations and drawn from the same tanks as branded fuel, but it doesn't contain a branded proprietary cleaning additive. It does contain an additive that means the requirements set by California Air Resources Board. In this slide, Hypermarts are presented by a top bar there, that's a brown bar, and Unbranding Station has a second bar from the top, the teal color. As you can see here, between 2010 and 2024, Hypermarts almost doubled their share of the market in California, from 10.9% to 21.2%. Unbranding gasoline also grew from about 18% to 24.5%, half percent, while some of the major brands are shown slight decline. I just want to note this is a volume weighted market share in terms of number of gas stations, Hypermars account for about three percent of total gas stations here. Next slide. What I mean by retail modeling Here and I've highly coupled the 2013 here and 2025. I know there's a lot of numbers. A few interesting points here. I want to highlight is that retailers for some brands have been averaging margins around 85 to 90. Temporary pricing differences increasingly appear structural. These prices, which may have once been short-term highs, are now annual averages, and these are annual averages. There appear to be also a shift in pricing strategies. and the next couple of slides will show more clearly. Comparing here a couple of brands here, let's say if we compare, let's say, Chevron to Hypermart, you see the margin increase. It says in 2013, the retail margins for, let's say, Chevron was about $0.35. By 2025, that increased to $0.87. Taken it as a percentage of retail price, that increased by about 9% to 17.5%. On the other spectrum, on the right side there, the Hypermart, In 2013, the retail margin was about $0.16, or about 4.5% of the retail price. And by 2025, that increased to about $0.27, or about 6.5% of retail price. So we see that difference here. Next slide. Here this slide highlights the widening spread from the median price over time. As you can see, before 2017, the gap was relatively stable. then gradually increased to 2020 and then accelerated during and after the pandemic. What used to be a relatively tight pricing market has become increasingly segmented and brands are pulling further above and below the median market. It is important to note here that this, while retailers face broadly similar upstream fuel market conditions, by that I mean crude oil prices, refinery costs, transportation costs, even government tax and regulation, the widening retail price dispersion suggests retail pricing strategies and business models are playing an increasingly important role on how much consumers pay at the pump. Next slide. So to better understand the relationship between wholesale and upstream costs and what consumers pay at the pump, over the last couple of years, our teams have looked closely at many gas stations and compared the wholesale purchase pricing and retail sale pricing over time, what they buy the gasoline for and what they sell it for. For instance, this slide showed the difference between the wholesale purchase price at two different gas stations buying the same brand and grade of gasoline on the same date. Here you see the wholesale price difference and the retail price difference. As you can see, while the wholesale pricing for the same gasoline is the same or very close to the same, that is that brown-orange bar that shows the difference, the purchase price that retailers purchase a gasoline on the same day, the same brand, the same grade. Now, the retail price and how much they sell it for is the blue bar, which shows as much as 70% difference. This shows that often the price variation between gas stations appear to be largely due to retail margins. If it's costing the same, then the decision at the retail level plays a bigger role in how much folks pay at the pump. Next slide. Here, this slide shows the price difference. I wanted to highlight some of those price differences I just noted. The price difference between the 100 most expensive and 100 least expensive gas stations in 2025. This is data between January and September. This slide highlights the widening gap that I noted above, and between the highest and the lowest price gasoline in California. These differences are not, I want to mention here, these are not outliers. These are not one-day spike pricing. These are averages over a minimum of 200 days. If we had less than 200 data points for this gas change, we would remove that from the average. We want to get a good read. As you can see, the gap is quite substantially, averaging about $1.78, and the time exceeds $2. In this case, the price of the pump, as I noted, appears decoupled from the underlying costs and upswing market conditions. To get a better idea, we also compare the top 500 gas stations and bottom 500 gas stations, and the story is basically the same. The average to average difference here is about $1.28. We did the median to median difference, and for those of you who are statistically mighty, we also did trim mean to trim mean differences, and it's the same story, and it shows the same huge difference between those averages to averages. Next slide. So with that, I want to also highlight sort of further analysis for our future report.
One of the areas we'd like to focus is retail outlet ownership and concentration. Some large companies, including some refiners and private equity firms, are taking ownership or ownership interests in large numbers of California retail gas stations. The data we currently have does not capture this, so our teams will try and find ways to assess the extent of ownership and pricing control concentration. Next, we'd like to explore the use of pricing software, algorithmic pricing, surveillance pricing, dynamic pricing and however some folks refer to and how that affects consumers Retail pricing appears increasingly driven by commercial pricing software These algorithms tell sellers what to change to maximize profit It appears that many in the market at all levels using such software, and many are using exactly the same software. It's really opaque, and an area could use some more sunlight. A recent study in Germany analyzed retail prices for about 14,000 gas stations and found that when stations adapted algorithmic pricing, their margins increased by as much as 15%. The study concluded that pricing software weakens market competition and possibly facilitates tacit collusion. Various other studies across industries have analyzed the impact of pricing software and found that these systems negatively impact consumers. Another area I would like to explore is continuing studying the widening retail margins and the price divergence and try to better understand pricing strategies and impacts on the broader market. Also, local competition, some preliminary analysis we have done suggests that shows the local competition at the retail level can have an impact on prices and possibly can lower the gasoline prices. Before I turn it over to Director Midler, let me summarize three main takeaways from my presentation. First, retail margins are increasing, especially for branded gasoline. Second, the retail market appears to be diverging with a growing gap between lower and higher price stations. And third, retail pricing strategies and business models are becoming increasingly important drivers of how much consumers pay at a bump. With that, I'll end my presentation and turn it over to Director Miller. Thank you.
Could I ask you to repeat number three again? I didn't understand the last one. The last one.
Third, retail pricing strategies and business models are becoming increasingly important drivers of how much consumers pay at the pump.
Good afternoon, Chair Allen, members of the committee. Ty Myelder with the Division of Petroleum Market Oversight. Appreciate this opportunity. You're going to hear some consistency with what CDTFA and CEC has said so far. This is the biggest supply disruption in the history of the global oil market. That's the Iran war conflict. Going to focus our remarks here on what's happening in the retail market. And at the outset, I want to really credit SB 1322. You'll see a couple of charts that we displayed today, how we're using new transparency to dig into the high retail prices and to look at some of the costs that go into them. So we're going to focus on some of the new visibility we have, as well as some areas where we could use more transparency. One thing I want to highlight is it's very different. On a personal note, prosecuted a case for two companies, two multinational companies manipulating the California energy market in 2019-2020 under then Attorney General Becerra. That case really highlighted the lack of transparency in the California market. It is night and day different today, the tools that the state has to bring to bear. So it's a pleasure to share some of that data with you. Two observations. This is a global supply shock, and so it's affecting the whole country. And second, as prices go up, it's revealing what we already know, which is we have a branded gasoline pricing problem, and we're going to show some data that illustrates that. So this is a similar slide to what the CEC showed, which is retail gasoline and crude oil prices over time And just wanted to share with the committee what happening right now is a global oil shock consistent with fundamentals So if you look on the far right of this chart you see the prices in California jumping up as the Iran conflict started similar to the rest of the U also with crude oil What that means is the fundamentals all agree. That's not always been the case. So in California, we had two price spikes in red or in orange on your slides there. Those were just localized price spikes. There was no price spike in the rest of the U.S. There was no increase in crude oil. And what we've seen at DPMO is that the data is consistent with the price gouging finding in SBX 1-2. That is, there were no input cost increases that would explain the high prices that consumers were facing. You can contrast that with what happened in the Ukraine invasion, which is the far left of the chart. And that shows that prices went up in California and for the rest of the U.S. So what we're doing now is digging into what's happening for the Iran conflict. So the next slide. One of the things we wanted to highlight for the committee is that when prices go up for crude oil, that's a global phenomenon. So wanted to show the committee how California crude prices have gone up along with WTI, Alaska North Slope, Brent, whatever the measure you like, the conclusion is the same. Oil is a globally traded commodity, And so prices, even for the oil that comes up out of the ground here in California, have shot up. And that means gasoline prices have gone up as well. So we're going to talk about what's happening in the rest of the country. The map in front of you is something we refer to as a heat map. So you can see how much prices are going up around the United States. Similar to CEC's finding, we see that California has gone up $1.37, which is actually right in line with U.S. average. That's fluctuated some as different events have affected different parts of the country in terms of the supply conditions. Overall, about a $1 to $2 increase across the U.S. What does that mean? That's over $50 billion more that American consumers have paid for gasoline and diesel. That's an Iran war cost tracker from Brown University. If you're interested, it's a great way to see how the conflict is affecting people's pocketbooks. One of the things that's been positive in terms of California's impact is that even though our prices are higher than average, our household cost burden from the increase is much lower. Why is that? Our households consume less gasoline per capita than much of the country. So it's still been a significant hit, about $200 for the cost tracker for a California household, and that's a lot. But Alabama, Wyoming, they've seen increases of over $300. So we're certainly feeling the impact, but some of our fuel diversification strategies are working in terms of lowering the overall exposure to changes in fossil fuel prices. So one of the things that we were very proactive about was looking to see what was happening in our retail market as the conflict began, and we saw some high retail prices right early on in the conflict. So there were some news reports, many of you may have seen them, about gas stations charging $7 or even $8 a gallon. So as we go to the next slide, the phenomenon of seeing high retail prices is not entirely new to this conflict. We saw some in the Ukraine invasion as well, where prices really jumped up opportunistically. So our concern at DPMO was maybe retailers are taking advantage of the conflict as a pretext to raise prices. So we in contrast to past years were able to proactively engage with a lot of those stations We reached out to them We continuing that process That an ongoing investigation One of the things we wanted to report to this committee is all of those stations were major brands. So the household brands that people are familiar with here in California, none of these high-priced stations were unbranded or Hypermart, generic gasoline. Again, all gasoline meets the same high standards in California, including detergents. So it's puzzling in some ways that some brands do charge what they charge. So that's one of the things we wanted to bring more info to the committee about. Next slide. DPMO has already pointed to the difference between branded and unbranded pricing. And right now, on average, if you put all the brands together, the major brands and regional brands, it's about 31 cents between branded and unbranded. That is night and day different from the rest of the country. The rest of the country, we have that figure there, is about a nickel. So there's something happening in California that's different than the rest of the United States, and that's where we use additional data transparency to look into it. Next slide, please. So here I want to really lift up SB 1322. So after the Torrance Refinery fire, there was this jump in prices, and that was the beginning of the appearance of the so-called mystery gasoline surcharge. So you'll see a bar on that chart that shows when that fire occurred. and one of the questions is why did gasoline become more expensive immediately following that fire? Now, thanks to SB 1322, we have data that goes back a decade to before when the fire occurred. So what we've done is broken it out by sales channel, and I'm going to do this a little slowly because some of this is technical jargon, but I hope it's accessible. If you look at the top line, there's a blue line called dealer tank wagon, and that is the price that jumped up the most following the Torrance explosion, and that's a dramatic price increase. What is dealer tank wagon? It's a legacy of the Standard Oil Company, which is now doing business as Chevron, and that is delivery to the gas station directly by the brand, and they set the terms of the price. So typically it's to a franchisee, a station, and they get gas that way, rather than a jobber or an independent distributor getting fuel from a rack. So that dealer tank wagon is really something that occurs a lot in California but doesn't really occur in other markets. So every time it's a dealer tank wagon, it's higher prices going to a branded station. This coincides with when the mystery gasoline surcharge first appeared. So we can show that branded gasoline delivery prices did go up significantly. As CDTFA earlier presented, that doesn't explain everything that's happening in the retail market, but that's a significant clue that branded gasoline price increases are contributing to the mystery gasoline surcharge, and that's something we're continuing to work on. Next. Another thing, this is new analysis from our economics team at DPMO that we've been looking at. We hear sometimes that higher prices for branded are due to just higher operating costs. So what we've done is compare branded stations to their competitors within a one-mile radius. So imagine planting a little flag on each gas station and then comparing it to its most immediate competitors. And what we found is that the major brands, particularly Chevron, but also Shell and Exxon Mobil, have been continually increasing the amount more. So the price above their local competition, even as those other stations presumably have costs that go up and raise prices, Chevron Shell and Exxon Mobil are raising their prices yet more. So this chart shows that price spread over time. It did jump up shortly after the Torrance explosion. Those prices were very tightly in a tight band before the explosion. And now they've gotten much, much wider. So So this is in average. Chevron is selling for about 60 cents more than its local competition for the lowest price within a one-mile radius. Next slide, please. We wanted to highlight for the committee, we've seen some coverage in the news about California gas going up above $6 a gallon. Even though that's the case for many, many stations, on average, that's only the major brands. Prices have been going up significantly. Again, the Iran conflict is driving up crude oil prices, but also industry margins, as the CEC presentation showed. So we just wanted to delineate very clearly that as of the end of May, it was only Chevron, Shell, ExxonMobil, 76, that were significantly above $6 a gallon. Valero now as well, but they were below that a couple weeks ago. The thing that's sort of bracing is if you look at that price spread between Chevron and a Hypermart, that's 70 or even 80 cents. It sort of varies week to week. It almost makes it seem like gasoline is a luxury product. But for Californians, gasoline is not a luxury product. It's a necessary commodity. And in many neighborhoods, you don't actually have these hypermarts. So the CEC CDTFA report shows that a large volume of gasoline is being sold by these hypermarts. That's on a volumetric basis. Only 3% of gas stations in California are hypermarts. What does that mean? It means 3 out of 100. And if you, in some cases, may not be a member of Costco or may not have the time to go to a Costco to wait in that line. And then, by contrast, almost one in two gas lanes is a major branded station. So it really depends on where you live to determine if you have access to competitively priced gas. The good news is that there is competitively priced gas, and it meets all the same standards. Next slide, please. We wanted to drill down. We actually, since our testimony in the assembly, got a complaint from residents of Humboldt County. And this also lines up with the AAA data. So a resident of Humboldt wrote to DPMO complaining about how much higher their prices are regularly. We looked at the AAA opus map, and Humboldt is the highest-priced county in northern California by a good amount. One of the things in terms of a supply perspective that's important to note is it's the only part of northern California with ocean access along the coast. And so it's the only place where there is a terminal, but that terminal is a proprietary terminal operated by Chevron. And then within Humboldt County, Chevron and Shell make up about 40% of all the retail stations. So as we showed before, these branded stations are much more expensive. And in this case, a lot of the supply is controlled by one company. Now, just comparing it to a neighboring county, Mendocino County, where I'm from, Uh, the, the, the county is, Mendocino has far fewer branded stations, has about, uh, uh, less price by about 40 cents less per gallon compared to Humboldt. And this is even though it does not have its own terminal. So it would actually have more distance to travel to come down from Humboldt or in each case being, being trucked quite a, quite a long distance. So we're taking a systemic approach to analyzing why the prices are higher. We're just starting, but wanted to raise this to to the committee, depending on where your districts are, you may have seen that there are cities or areas where prices are a lot higher, and a lot of it depends on what retailers are working there. Next slide, please. Wanted to also mention pricing algorithms, which CDTFA raised up. Just wanted to flag for the committee that DPMO has sent a notice to market participants, letting them know about AB325 and the new law in California So the retail sort of community is aware of this issue And this is a groundbreaking law I want to really credit the legislature and the governor for enacting this law So we sent this notice, and we're continuing to monitor trends in the data to see if algorithmic pricing is a concern. And that's something that's going to be ongoing. Just a couple of closing points here. The diesel market in California has had some real challenges since the Iran conflict start. As many of you already know, California is a global leader in renewable diesel and biodiesel production. And most of the diesel we consume here is not actually from petroleum. But towards the beginning of the conflict, we had a big price spike in fossil diesel or petroleum diesel. So we wanted to flag here once again that prices on our spot market are determined by something called the Oil Price Information Service, or OPUS. And they're a private pricing entity that charges a subscription. And there just aren't many trades for petroleum diesel in California. So we saw prices go up to about 75 or even 80 cents above what's called the NYMEX, the New York Mercantile Exchange, and then just stay there. That's the green bar. and that lack of liquidity and those extended high prices are a real concern and have contributed to high diesel prices in California. Thankfully, some of these prices have receded, but we continue to stress the need for more transparency in spot market pricing. And whenever you have a for-profit service, that means that the public can't see what those prices are and there may not be as much transparency as needs to be for market participants. So we want to continue to advocate for public transparency in spot market pricing. One last slide here. One more note about SB 1322, which is, again, gives us way more visibility than we had before in terms of charges, prices up and down the supply chain. This is about costs. So one of the issues, we're all sensitized now to both the issues of cost of operating a business in California, as well as profitability. I think we here at DPMO are very interested in what is it that refiners need in terms of a reasonable return on investment to continue operating and serving the public, including our value-based part of the segment. The good news is 75% of our gasoline, maybe 80%, comes from in-state refiners. One of the challenges, though, is that what's reported to the CEC on Form 1322 in terms of costs is quite different than what's been reported to investors. So what we did here in our annual report is did a comparison of the 1322 operating expense data with what was being reported to investors. And there was a lot, a huge difference. On average, it was $0.72 per gallon in the 1322 assessment of data for operating costs compared to about $0.24 that was being reported to investors. Really want to credit CEC staff. DPMO has been collaborating there, supporting CEC staff. But the data quality has seemed to improve more recently, but that's one where we really need to make sure that the data is sound to understand what is happening with refiners. So at DPMO, we'll continue to follow the data, and the early indicators now are that the Iran conflict is leading to much higher industry profits, but it will take time to really see the full impact. and what we don't want to see is refiners, marketers, or retailers using the conflict to pad the profits at the expense of consumers. Thanks so much.
Thank you, Todd. Yes, sir. So I think we have a second set of presentations now moving away from the Iran conflict and the observations from the data that we have Again I want to thank colleagues from CDTFA DPMO for the different analysis of the data that we have and be able to tell a compelling story overall on what's going on with the market. I want to just start by saying, as we go into the other parts of SPX-1-2 and ABX-2-1, which are usage of certain permissive tools that the legislature has given us and the opportunity to iterate on long-term transition pathways for California. So what I wanted to kind of share before I go into this specific slide is just in order to reiterate what Director Mildermis mentioned, the new transparency has significantly advanced our understanding and regulations are an important part to get this right. So I think what we have seen over the last two years between the analysis that we all have been collectively doing because of the tools that have been given by the legislature is getting sharper and sharper in diagnosing the problems that exist across the ecosystem. Data transparency has been transformative. Legislature but gave us some statutory guardrails to use during implementing the regulatory authorities that you've granted in the special sessions. Analysis of the impacts to supply and care about impacts to business decisions was an important part of the statutory language and your guidance to the CEC. We were also asked to look at the health and safety protection for employees, local communities, and the public. And overall, your guidance has been to ensure that the benefits outweigh the costs of implementing the tools and ensuring that the business decisions are consistent with the benefits to Californians. Specifically for GGRM, the statutory language notes that finding that the likely benefits to consumers outweigh the potential cost to consumers. For resupply regulations, the statute directs us that it shall protect the health and safety of the employees, local communities, and public. And for the minimum inventory, which was the third tool, regulations shall protect the health and safety of employees, local communities, and the public. Findings that likely benefit to consumers for avoiding price volatility outweigh the potential cost to consumers. You've reiterated that to us over and over. Recent events and resources redirected to coordination to a holistic approach. P66 announcement to close its Wilmington refinery and Valero's announcement last April to prematurely idle their Benicia refinery further emphasized the need to thoroughly understand potential impacts to market. Furthermore, the governor directed collaborative work with the refineries in the wake of the announcement from Valero to ensure that they see value in serving the California market. And it was another important directive and guidance to the CEC as we moved forward. Limited resources to work on special sessions tools authorized, you know, the regulations meant we had to divert those tools to more of coordination to ensure that some of the assertions that were made by the industry in the wake of the special sessions are fully understood so we can take a holistic view and the mid-transition framework in implementing our tools. And it's also important for us to really note that the CEC's primary role is coordinating across a variety of agencies. The CEC doesn have the statutory authority to implement safety implement aid regulations or implement you know price security Our job is to understand how to coordinate all those different expertise that are within different agencies and coordinate a transition that ultimately benefits the consumers of California For example, DPMO, as they presented today, is an important voice in flagging the potential for market abuse. And that's an important part of CEC to take those insights as we develop our regulations to the point that CDTFA mentioned. It's an important voice for us to understand how pricing is being done at the retail stations. stations. Agencies upstream like CalGEM and production, fire marshal's office provide very specific inputs on different areas of expertise. And finally, the DIR, our Department of Industrial Relations, are extremely important in providing voice on worker safety and what it means to maintaining reliable impact. And our job, CEC's job, has really evolved over the last two years to ensure coordination and consultation with a variety of agencies and make sure we bring them all into a single room and de-silo the conversations to ensure a long-term transition. So to that end, Petroleum Task Force has convened over 10 meetings. Roundtable with stakeholders have been about 11. This is the roundtables that we mentioned about including industry, environmental justice, Enviros in the same room and talking through. we have been meeting once a month on an average with the local agencies and aid districts particularly to get their input on how to make sure our regulations can move forward and the convening of ICFAC. These are important parts of the conversation and we needed to make sure that we have a full context before we implement regulatory tools. So with that, I wanted to kind of point to one of the important parts of the statutory requirements is to start thinking about how do we mitigate the prices, price volatility, but start thinking about the long-term transition in California. So our 2024 transportation fuels assessment was our first attempt to start looking at it. And I think we've got a lot of support from the legislature on making sure we laid each of that strategy with both pros and cons. And that is extremely helpful as we move towards the transition because from the vantage point of CEC, this is about tradeoffs and making sure we reduce the impacts and maximize the benefits to the consumers. Consumer protection means prices. Consumer protection means health. And consumer protection means jobs. All of them together. And the CEC's mandate has been how do you bring them together to ensure a transition. So in our first attempt in 2024, we have laid out some strategies which we continue to sharpen with every iteration and every year. And I wanted to call out colleagues from California Resources Board for incredible collaboration in a number of these elements and the entire group that participates in the task force. So first, you know, I think the important takeaway from 2024 was continuing to double down on our clean energy trajectory in terms of reducing demand and moving the miles, vehicle miles traveled more to cleaner vehicle miles traveled. That was an important part of the first element or category of solutions. we kind of uplifted the importance as we move forward here. It's industry at large and stakeholders at large continue to agree that we are going to lose refineries from California as the demand declines. And as we move from point A on where we are and as the refineries contract in California and our dependency on imports continue to increase, it's important that the imports become competitive. You get those imports in a competitive manner to help with the price stability in California. And that includes some of the access to the infrastructure. So that's an important part of what we talked about. Similar to the electricity system planning, you have solar and wind. You need to match them with storage to ensure that the intermittent resources are well-matched with storage, and that has been an important part of our work on how do you balance these intermittent resources that are going to come into California on vessels far from Asia, sometimes Gulf Coast, multiple days, and how do you make sure that doesn't impact volatility, and that's really around storage strategies. We also talked about there is a pathway here for us all to consider if we want to retain refineries and the monopolistic or oligopolistic situation materializes in California, there is a pathway to consider a cost-of-service model, And that's something that we raised as a potential pathway for California to balance the supply long term. So those are some of the core elements, including state-owned refineries, which is what some of the countries have decided to do. So I'm going into...
I heard a colleague mention, what's the cost of service model?
Do you want to give some extra?
This is PUC rate regulation, essentially guaranteeing an ROI for the service.
Then kind of moving into what happened in 237, the legislature came back to us and said, okay, we gave you tools and you've given us some initial ideas, but we have two refineries that we just had closure notices on. Give us a holistic transition plan. And thanks to many of you on the dais here who worked on making sure we had further clarity on how to move this forward. And one of the core pieces that came out of the conversation was three buckets of conversation that we set up. One, before we understand the impact of losing more refineries, there is some level of stabilization that we have to do reactively. But the important part here is we cannot be in that reactive mode by having every asset that decides to leave California something that the California state has to solve. Some of these decisions are privately made, but it's important for us to think about immediate impacts of a crisis. The second part of that was to think about to the extent that we know that the refineries have to be here, some of them have to be here as to think about the long-term transition, how do you stabilize that investment opportunity in California? That was the second bucket that we've uplifted in the last year conversation. And finally, the proactive transition governance. and it's really important for the CEC to continue to make sure that we uplift. This came not just from CEC. This came from very vulnerable and honest conversations between many stakeholders who generally don't tend to sit in the same room. This is our faithful representation of all the needs that they've laid out in front of us. Not all of them agree on all pieces of this, but it's important for us to say these are not or, but these are and. And it's really important for us to think about long-term proactive governance because some of the work or transition issues, long-term climate goals have to be done as we think about having a managed transition away from the fossil fuels. So that kind of ultimately, that letter that we wrote to the governor from our office made its way into the 237 assessment, which we published earlier this year. It really double downs on the idea of making sure all those three elements are done carefully we do uplift the importance of not having reactive crisis asset by asset behavior and really doubling down on long transition plan And here I would like to offer to the members here, there are a multitude of modalities that the state of California can go. On one side, we can work on every regulatory pathway to keep every refinery in California, even if it means to export fuel from California. That's a modality that the state could choose. The other modality is we rapidly adapt to contraction of refineries with imports. I think it's somewhere in the middle. It's important for us to think about the risks of losing another refinery in the immediate. As we understand the ability to import enough fuels, while we are trying to continue to solve for workers and communities, it's important for us to retain the refineries that we have and have the plan before we continue to move forward. So the recommendations here, again, just a quick, you know, we can come back in questions. You know, we continue to want to manage the transition deliberately, really prioritize buckets two and three, which is stabilizing the investment environment in California and long-term transition. thinking about within the long-term transition, there's a bunch of issues that came out in terms of worker funding, understanding the liability to the communities as these resources exit, and then thinking about what the state needs in terms of toolbox to support this transition. So I will leave there. I wanted to rush through because of the number of slides, and with that I'll pass it to my colleague Matt from CARB. Matt. Thank you, Vice Chair Ginda, and good
Good afternoon, Chair Allen and members of the committee. I want to recognize and congratulate, too, my members here on the panel, my colleagues on the panel, for all the great work that they've done on analyzing the fuels market. There's nothing quite like spending the day after a long election day diving deep into the complexities of transportation fuels market. It's been a very good educational session. So as I mentioned, I'm Matt Patel. I'm the division chief for the California Air Resources Board, and in that capacity oversee a number of climate and fuels regulations. I'm going to speak really briefly about this overall fuels transition and how it connects to our environmental and health goals. No slides for me, which I'm sure the vice chair will appreciate. As many of you know, the state continues to suffer from poor air quality with five of the ten cities with the worst air pollution nationwide here in California. As a result, people in these areas suffer unusually high rates of asthma and cardiopulmonary disease, and much of this pollution comes from combustion engines used in the transportation sector. For decades, Californians have been paying the price for combustion emissions with their health. And for decades, CARB and the air districts have worked with the U.S. EPA to reduce air pollution and meet our health-based air quality standards. And while we have a ways to go, that work has paid off. ozone-forming emissions have dropped dramatically since the 70s due to California's vehicle and fuels rules. Toxic emissions and exposure have also dropped by controlling these sources of emissions. In 2006, when this legislature approved AB32 and the governor signed it into law, California's air pollution reduction efforts expanded to also include reducing climate pollutants. Given that the transportation sector is the single largest source of both climate and air pollution in California, we redoubled our efforts to reduce emissions. For the past two decades, this has been working collaboratively across all facets of California public and private sector to transition to cleaner fuels and cleaner vehicles So you heard some of this today but some quick facts In 2006 when AB 32 became law, the state used almost exclusively fossil fuels. Since that time, California has increased alternative fuel volumes from 5% of the fuel pool to now over 25%. We've also seen over 2.5 million zero emission vehicles sold in California, and the state is seeing consumers continue to choose clean vehicles in support of our environmental goals. And this is not just about climate and air quality. Transitioning to alternative fuels and zero emission vehicles also support the state's efforts to provide reliable, adequate, equitable, and affordable transportation. Simply put, more fuel diversification with alternative fuels helps to reduce overall fuel supply market concentration, and more efficient clean vehicles reduces the amount of money consumers spend to travel the same distance. Given these combined policy, consumer, and other market forces, we're now in the midst of a transition in our transportation system. Over the past few years, this legislature and our state agencies have recognized this and identified the need for both near and long-term planning and actions, which brings me to the work of the Transportation Fuels Transition Plan, or TFTP, which we released earlier last month. The draft TFTP complements CEC's SB237 work, which you just
heard from the vice chair, and brings forward information on the changing fuel demand and supply conditions across the gasoline, diesel, and jet fuel markets here in California. It also provides insight into how the transportation fuel system may adapt in the future based on projected future fuel demand, the role that imports and exports of finished fuels play in meeting that demand, and the role of regional and local economies and communities. The draft TFTP includes potential mid- and long-term transition strategies for fuel supply and demand, as well as transition strategies for workers and communities. Our goal with the draft TFTP is to provide the legislature, state and local agencies and the broader public with insights into the evolving transportation fuel system, as well as a menu of policy and program options that, if pursued, have the potential to support a more affordable, reliable, equitable and adequate transportation fuel system. Many of these same strategies are talked about in the 237 analysis and are things that we are continuing to work on as state agencies. And with that, I want to thank you all for being here today. Happy to answer any questions you have. been a marathon session, so looking forward to the questions.
Thank you. Thank you, everybody. Okay, well, we've got lots on the table. Let's start with Lucena Caballero.
First, let me say thank you very much for your testimony here today as well as the reports. I, like you, have a hard time concentrating on the details the day after the election, but here we are. So let me just say that fascinating information. I probably would have a different question on each one of the presentations, but let me start with the last one because it's what I heard last. And you talked about the TFTP, and I will read it in detail. It's briefly mentioned in our document. And what I want to make sure that we include in that document, and it may be there, so I apologize that I haven't read it ahead of time, is the workforce. And I say that because I think we've ignored to a large part alternative fuels that move us in the direction of using renewable resources and that could give us what we looking for in terms of equitable adequate reliable affordable fuel We have subsidized solar and wind energy, but we haven't really subsidized alternative fuels. And other countries are going to be looking at biogases in particular, but also hydrogen, to move the maritime in particular. And since we have pretty active ports, the ability to be able to refuel here in this state is going to be pretty important. So I'd like to keep a focus on that as we proceed in the future. but also hydrogen because it's being, well, CARB has basically said you've got to use, we should be using 1,700 times more hydrogen in order to meet our goals, and we're not really moving on that very aggressively. And I wonder if you could talk a little bit about how we make this transition because then this gets back to the issue, I think, that was raised earlier, about making a transition that doesn't leave people high and dry, that doesn't end up costing so much to continue using a fossil fuel that people feel like desperate about it. So first of all, it's the workforce, and I'm very concerned about that, in particular because much of the fossil fuel extraction happens in the Central Valley, which is what I represent, but also because those are the kinds of jobs that our second-chancers really can take advantage of and be very productive in. And we want to make sure we're creating good jobs that provide good livable wages.
Yeah, I really appreciate those comments. and senators. So a couple of pieces to think and grow on this. One is I appreciate your recognition of as we move towards alternative fuels and as we transition our fuel system, there will be opportunities for alternative fuel production, for hydrogen, for investments in reducing the carbon intensity of our existing crude and refined gasoline supply. And we're seeing some of this now. We've seen it over the last few years with the conversion of some of the state's refiners into alternative fuel production. Just a few weeks ago, I was, you know, visiting representatives of CRC down in your area who have invested in carbon capture and sequestration, and they've invested and built a project down there. And so you're seeing some of these new opportunities come into California as a result of this transition that's happening. But there is also a recognition in the transportation fuels transition plan and some of the work we've done across the state agencies that the existing fossil refineries are major employment sources for California and that there are workers there that, you know, are part of this transition. And so there are a number of strategies that have been identified across our various different planning documents to help support a transition for the local workforce. And that is a component and an important component of our fuels transition plan. And maybe I'll hand it to the vice chair if he wants to add anything.
Thank you, Senator. I think I would kind of double down on what I think I just wanted to add that it has been an important part of the conversation as we write both the transition plan but also the transportation assessment on thinking about how best to support labor as an important group. As you noted, I think you said the second chance programs. I was in Kern County and I had a chance to visit with a number of people there. I think when we think about current, it's a good example where you have the largest amount of clean energy resources currently being on the electric grid coming from Kern County in the state of California. Because of the 237, we will have some opportunity on the workforce as well as stabilizing some of the refineries in California on the upstream. And to Matt's point, I think it's really important for us to think about how do we have the transition in a way that there's a durable funding mechanism for the workforce to transition into other jobs. And I think we place your importance right in the middle of all the work we do. And I appreciate you raising that.
Thank you. Yeah. If I could on the workforce issue is one of the bills I was interested in running a number of years ago was workforce training for the transition. And I had a really good conversation with the trades where they were very clear with me, we don't need money. We just need the projects. And we'll do the training. And so I guess that's where I go is that unless we can look at opportunities to have projects co-located in areas where there are already training programs or where you have the industrial infrastructure, because I've had conversations with some of the environmental justice community members where they say, we don't want any heavy industry in California anymore. And to me, that is a laudable goal. It's not a practical goal because we have need for energy production, and we're going to have a need for individuals that are trained in heavy industrial work. and we have a need to get rid of waste byproducts, whether it's agricultural waste or it's trash or it's the waste from the dead and dying trees. We need to get rid of that, and there are good applications right now that will take that and transition it into a fuel. And the dairies, for example, a real good example. but we're going to need to expedite. And I think the more we can, you know, focus our attention on how do we do that, what would it look like, how quickly do we need to move in our planning documents makes it a lot easier for the legislature than to take that and run with it. So thank you for both of your comments. I appreciate it.
Thank you, Senator.
Senator Richardson.
Thank you, Mr. Chairman. I have quite a few questions, so I'm going to ask them as quickly as possible, and I'm going to ask if you could respond as quickly as possible. First, Matthew, could you submit your comments to the record for the committee? So we have a record of that. And I'm going to throw out my questions to everyone unless it falls specific to someone. The original climate goals that we were hoping to achieve through the reduction of producing crude and you know refined fuel what were those goals? And based upon those goals, if we achieve a decline of 1 to 1.5%, how long is it going to take us to get to those goals? Or do you foreseeably actually see us meeting those goals? That would be my first question.
Yeah, so happy to take that one. So our climate goals are driven by the statutes that the legislature has enacted over the years on our greenhouse gas reductions. So their greenhouse gas reduction goal, we have a 2030 goal, we have a 2045 goal right now. So our 2045 goal is kind of our guiding North Star, and it is an 85 percent reduction in greenhouse gas emissions in California by 2045, as well as carbon neutrality by 2045. What CARB has done in working with other state agencies, working with this body, is identify the mix of strategies that would help to get us towards those long-term greenhouse gas reduction goals. And maybe I'll pause and just take a note, too, just to claim a little bit of a victory lap. We did have a 2020 greenhouse gas emission reduction goal, which we hit about six years early. So historically, we've been successful in meeting our greenhouse gas reduction goals. We do have much more ambitious goals going forward into 2045. We also have air quality goals that the state needs to achieve. And what we have recognized through our efforts with this body, through our planning exercises, are usually the strategies to achieve those long-term climate goals and the air quality goals, at least in the transportation sector, point us towards reducing combustion emissions, moving away from fossil fuels.
Okay. What does that look like, though? If you were to say we're going to have 85% emissions reduction, what does that look like? Does that mean we have 25% of the vehicles currently now? We have 25% of the trucks that we currently have. What does that translate to real world? What do we expect to see?
Yeah, I don't have the specific metrics in front of me, but we did articulate in our 2022 scoping plans. This was most recently done about three and a half years ago. The milestones that would get us towards that 85% reduction in GHG emissions. Senator Caviero mentioned one of those, which was increasing deployment of low-carbon hydrogen, for instance, to displace fossil fuels because low-carbon hydrogen doesn't have the same greenhouse gas emissions profile as a fossil fuel. And so we have many of these metrics identified in our scoping plan. And largely what that means is decarbonizing the transportation fuel pool through zero-emission vehicles, alternative fuels, reducing industrial emissions through fuel switching and installation of technologies like carbon capture, continuing deployment of renewable electricity and renewables in the electricity space to decarbonize the electricity sector.
Out of respect to my colleagues, because I do have quite a few questions, I need, though, for you to really answer the question. My question was, if we're to achieve 85% reduction by 2045, what does that look like? Now, you told me that means we would implement zero emissions vehicles. We're going to implement reducing the grid. We're going to do this and that. But have you told this committee and Californians what is that going to look like I asking you a very direct question I saying if you going to complete zero emissions are you saying that no Californians would be driving gas vehicles, 15% of the people would only be driving gas vehicles? I think we have a responsibility to paint a picture to the Californians that if we're going to achieve these goals and if we're going to implement these strategies, this is what California is going to look like. And I think this committee, this body, the legislature, and the American public should have an opportunity to say, is that really what we signed up for? Because in my community right now, I would venture to say, if you were to do a study and say how many people actually drive electrical vehicles or hybrid vehicles or different types of vehicles or how many people in my district have solar panels. And all these strategies that you were talking about, a lot of people in my district are not utilizing that. So that's why I'm getting to the question of, in order for us to achieve this, what is that picture going to ultimately look like? And then I think we have to say, okay, well, how are we going to get there? So if you don't have the answer to that question today, and I respect that, that you may not, I would just ask that you'd return back to the committee that information. But I really think, and I'm new on the committee. I've only been, this isn't my first rodeo, but I've only been in the Senate for a year and a half. But I think part of my role of where I can be helpful on this committee is to really ask those, I'm not saying I'm anti of implementing the goals, but I think we have to be honest in how are we going to do that. and what does that look like, and are people prepared to be that? And I don't think we've honestly answered that question, which leads me now to my next question. Do you have the answer to that question, or would you like to get back to it?
Well, I would like to just offer a clarification. And you had asked about, you know, is everybody driving an electric vehicle, for instance? And broadly, no. What we've identified in our planning towards carbon neutrality is increasing use of things like zero emission vehicles and more efficient fuels and clean fuels. But we've recognized that as consumers make decisions on the types of vehicles that they need, that there will be a continued need for liquid fuels, whether it's finished gasoline or diesel, in the future as some consumers choose to utilize those technologies. And so we've worked across our energy agencies and others to identify how do we also reduce the emissions profile of those fuels, for instance. So just to clarify that.
Again, the question that I'm asking is I'm asking you a tangible question, and I think you have a responsibility to give us a tangible answer. What I'm asking you is if you're saying, okay, some people are still going to drive gas vehicles.
Yeah, that's what I believe is going to happen.
How many? And so if we end up saying 50% of the people currently now who drive vehicles, let's say are still going to drive gasoline vehicles, then that leads me to the next question. If we're still going to need 50%, how many refineries are we going to need to fulfill that? Because then what I don't want to be a part of is implementing regulations, driving legislation to create something that I don't even have a picture of what it means. so then here you have legislators who are sitting here and going oh my god okay well we need to close refineries well who is going to finally tell us you know what actually you can close them all in fact you going to need some of them And what I asking is how many are we going to need Because at some point we need to have an honest conversation with legislators with Californians with the industry of okay if we going to achieve our goals what does that look like What is the end game? How much are we still going to need? How much are we going to use? So, by the way, we protect it because I'm in the boat of I think we're tottering very dangerously having now had two closures. That what's to say that the industry just goes, okay, you want to import everything, import everything. And I think then we have other problems. So what I'd like for you to do is to follow up with the committee. Maybe it's a subsequent hearing. I don't know what it is. I'd leave that to the direction of the chair. But I really hope that at some point we could have an honest, broad discussion about, okay, we're going to these goals, but what is it going to look like and what is it going to cost us and what does that mean? What else are we going to need? So we're not talking in these broad, oh, well, it's declining. Okay, it's declining 1 to 1.5%. So if it declines 1, 1.5% each year, where does that put us? We need to know more specifics. We have roles as legislators. I realize you work from an agency perspective, but that doesn't resolve us from our responsibility to make sure the right things are happening because we actually answer to the people. You don't. We do. You answer because you're appointed and you're hired, but that's not how our role is. So if you would kindly provide us with that information so we can have broader discussions of how do we plan legislation going forward that we're not just, you know, planning something and in the end we did the wrong thing. Which leads me to the next question. I'm concerned that when I hear all this talk about importing, I really believe you have a responsibility to us, to Californians, to say, what is that impact going to be of importing? I don't think it's fair to say, oh, we're just going to keep importing. Okay, well, sir, let me tell you, how are you going to import? It's coming through my district, the Port of Los Angeles and the Port of Long Beach. So you have yet anybody here to have told anyone in my district, how many more trucks does that mean? How many more storage tanks does that mean? Where are those tanks going to be? What is the security vulnerability to that? Do we, in fact, by importing this fuel, is what we're getting better than what we already have here now? And if it's not, I don't understand how we're really meeting our goals. So I just, Mr. Chairman, I appreciate this information. In fact, this is probably one of the best overview, kind of helping to understand kind of the strategy that we've gone down. But I really think we're missing the key points of so what happens when we do it? What are the impacts when we do it? And I really think we're doing a dereliction of our duty to be encouraging further imports when you're not telling me, okay, and you did say impact, to your credit, impacts to local communities, to the workers, and so on. But, again, what does that mean? Does that mean that our ports now are going to grow in size by 30%? Does that mean we're now going to have how many more vessels coming across? What does that mean to the impact? Because right now not all of those vessels are connected to a grid system. How long is it going to take us to create a grid system? I mean, why aren't we having those discussions, I think, need to be had of how we're implementing this strategy, how do we do it and what are the impacts? So at some point I think we have a responsibility to say, is that really what we said we wanted to do? And so I have probably ten more questions. I will put my questions in writing and submit them to the panelists, and I would ask with all due respect that you would respond and through the chair that all the committee members would have it. But I just think I let me end with this point. I grew up in Los Angeles. When I went to school, you could not see downtown from where I lived. You couldn't see it. Smog, you know, asthma, everything going on. And to the credit of this body, to a lot of hardworking stakeholders, to agencies, people have come up with better fuels, come up with amazing things, that now most mornings when I drive up the 110 freeway, I can see downtown, that from outside of my backyard I can actually see Catalina Island. So I do not want to be remissed in saying that where we're going is helping and is getting better. But my question, the question that I just want us all to make sure that we can answer, is as we go forward and as we continue this process, I think we have to answer all the questions, not just the questions of, oh, yeah, you know, we're reducing. Oh, you know, we're going to import more. Oh, we're doing this and that. But we're not saying all that other stuff because all that other stuff may not necessarily answer, are we on the right track or are there adjustments maybe that could be made? And maybe 85, I don't know who came up with 85%. Did anyone say when we came up with 85% what that would look like? And at this stage of the game, I think someone needs to say that. Maybe we say it's not 85%, maybe it's 80. Maybe it's not 85%, maybe it's 95. Maybe we can go all the way. Okay, I'm there. but we just have to make sure we're answering the questions and we're not jeopardizing the goose that lays the golden egg, and now all of a sudden we're going to have some serious problems. And I'm just not convinced from what I'm hearing in the presentations that we are answering those questions. And certainly this hearing wasn't intended to answer all questions. I get that. But I just think at some point we have to, when we have these kinds of hearings, because people are listening and thinking, oh, okay, we're doing okay. We're importing more. We're reducing. Everything's okay. And I'm not sure everything's okay.
Let me give the vice chair the opportunity to answer.
And as you do so I be interested in your thoughts on some of the pipeline opportunities that might be coming down the pike as well beyond just shipping oil in Thank you Chair and Senator Richardson
Thank you so much for that question. And I would love to welcome Matt to kind of add here, too. But I think the spirit of the question that you just laid out is really the importance of this moment. I think the work we have done historically in bending the curve of the demand, in addressing the air quality issues, as you mentioned, which was really important for this legislature and people of California, are precisely putting us in this moment of mid-transition, right? Something that we laid out. And that mid-transition requires us to both double down on the long-term transition. But I think to your point, really now begin to articulate step-by-step, not just the programmatic design, but step-by-step the impacts. And I think to what you've just raised, CEC and CARB together in our transition plan as well as the fuel assessment, and we are going to do this again in fall, started to looking at not just a single scenario, but multiple scenarios of demand destruction. And to your point, the demand might not get destroyed under a very slow transition. and in a long transition, and I think we have precise numbers we are happy to share with you, and for each of those different transitions, we have identified how many refineries we would need in California. I think now the path forward from here is now that we understand those scenarios and precisely to the point that you made, which is each scenario will come with tradeoffs, and those tradeoffs have to be transparently put in front of the legislature to get further guidance on which modality are we okay with move forward. I think those modalities then will dictate to the extent that we are getting, you know, pro results from that, benefits from that. It also will have some, you know, cons on that, which is, you know, whether it's community impacts and what do we do proactively to reduce the risk. And I think I'm 100% with you on the importance of having a step-by-step, very clear articulation of what each modality will mean from multiple lenses and being able to present to you. And I think we as a team, by fall, as we complete the TFA, the Transportation Fuels Assessment, which the legislature asked us to do, the 2.0, we should be able to lay that out much, much better, given what's happened in the last couple of years. The first one, we did not have the vantage point of this level of understanding of the industry, nor the dynamic movement in the industry. Now that we understand it, I think we'll be in a better place to provide you with more details later this year and get your guidance on which way we go here together in the state of California. And with that, I'll pass to Matt if he wants to add anything.
Just real briefly, I think the vice chair did an excellent job of summarizing it. I just want to extend, yes, we do have quite a bit of additional detail and data on how fuel demand could potentially decline and the various different scenarios going forward. Happy to work with you in your office to answer those questions, so look forward to being able to do that.
That's all I ask, and I hope you heard, Mr. Gunta, when you were reappointed, I spoke very highly. even though, please know, even though I ask questions, I do respect talent, I do respect knowledge, and I do respect people who are trying to help us get there. So I look forward to those discussions. And for my colleagues here who heard of Laura 2 I really excited to read this report 2 So I committed to working with you I just going to challenge you to answer all the questions And the chair briefly said about you know well let talk about pipelines You know, also, again, I'm going to remind you those pipelines come from somewhere. And what that means is that pipeline goes throughout my district. The fuel that comes in, that pipeline's got to go through somewhere. And when we talk about digging and hitting pipelines and safety and all of that, disruption to streets and infrastructure, and all of that has to be on the table as we discuss our strategies. And so we know what we're doing, and we make the right choices. That's all that I'm asking.
Senator, I just want to reiterate. I just want to say thanks to you and the body at large. it has been incredibly helpful for us to get those pointed questions from you. I think in the best form as state agencies, we are here to provide you with the best information that you could guide the decisions. So I really appreciate that. And just as closing, again, just on the opportunity of the pipeline, the contemplation right now is for a pipeline to be built from the Gulf Coast all the way to Arizona and connect it to the existing pipeline, Kinder Morgan pipeline, and reversing it back into California. Again, it provides opportunity, but to your point, the reversal just doesn't happen. The reversal comes with certain safety considerations that we need to actively think about and whether the constituents and the perspectives align with that. So absolutely, and we look forward to continuing to talk to you.
Likewise. Thank you.
Thank you, Senator Richardson. We're going to continue now with Senator Becker and then Senator Grove.
Okay, thank you. First of all, a super informative presentation, lots to dig into here in the coming days and weeks. One point, you know, you mentioned one point where we're reducing, say, 1% to 2% a year in terms of fuel demand. Obviously, it's quite high, about 35 million gallons a day still. So I guess, one, from your perspective, what is the – what will we need to be reducing a year to hit our goals, number one? Number two, you know, when you think about the transition, think about things like trucks, right, which obviously are a large component of transportation fuel. China has about 20% to up to 50% some months of new heavy truck sales are electric. We're at less than 1%. There are 25% of new truck sales overall. Again, we're under 1%. Why is that? Why are we, in your mind, so much lower? And what can the legislature do? I mentioned specifically one thing is electricity prices.
So we are working on that. Obviously, we did a lot of work last year. And, you know, we built this year bills to tackle utility incentives, utility profits, as well as dealing with wildfire costs, which are a big percent of bills. So those are things we have to look at. But in your view, you know, take that heavy truck, for example. Why are we so much lower than, say, a country like China? So, Senator, if you're okay, just we'll take it a little backwards and then we'll pass it to Matt as well. So today the gasoline demand in California right now is about 800,000 barrels a day, roughly. And if we have to meet the carbon neutrality goals and go through a rapid transition that the carbon neutrality contemplates we need to drop that to 100 by 2045 So it's a very rapid reduction, and I think to your point, it directly implicates the importance of electrifying both light duty, but also heavy and medium duty. I wanna just talk about a little bit of the electricity planning we're doing, and I'll pass it to Matt on specifically the programmatic opportunities. In terms of, you know, one of the barriers for electrification has been the transmission infrastructure. So both PUC and CEC have been working on figuring out transmission corridors that allows for trucks to move north and south. And that also means that we have to do a better job thinking about allocating the load to specific bus bars and providing that proactively to the utilities so they can do the upgrades. So I'm going to just talk from the requirement of the infrastructure. I think that's important. Second to your point, principally, the parity, the cost parity of the vehicles is something we need to think through. And I think I would differ to Matt on this issue. And to your point, no matter the cost of the parity, operation costs are important, and important for us to think about long-term reduction of the overall prices. And I think I continue to thank you and grateful to this committee and your colleagues and continue to work on demand flexibility as an important strategy to reduce the prices and reducing the denominator. So with that, I'll pass to you.
I appreciate the vice chair's remarks and the questions, Senator. And kind of just a second, some of the information about fuel demand, you know, continuing to decrease that fuel demand, you know, roughly 70 to 80 percent by 2045 will help get us towards that carbon neutrality goal and 85 percent reduction goal. And to do that, you know, increasing the deployment of zero emission vehicles is a key strategy. I think you and other members of this committee know that CARB has been under unprecedented attack from the federal government on its vehicle authority. We're continuing to work through that. But in the meantime, we've been looking for opportunities to expand the deployment of zero-emission vehicles through incentive programs, something that this body can also potentially help with. Most recently, we announced the Clean Fuel Reward Program, which will provide additional incentives to medium and heavy-duty electric vehicles, which will help expand the incentives and the attractiveness for fleet owners to purchase those battery electric vehicles and those electrified trucks, which, pointedly to your question about why the deployment is happening, well, they're more expensive. And so we're trying to work to bring that cost down to increase adoption through these incentives. and look forward to working with this body on additional options to be able to support that.
Okay. Yeah, we'll follow up on that, have some other ideas. I'll probably just do one other question for now. To focus on the crude inputs, looking at some of this data, it looks like about 29% probably of total crude imports are from the Amazon region. Looking at some of the data here, and I think it's increasingly understood that the Amazon itself is at a tipping point. This came into focus last year with the first ever COP. conference in the Amazon region and the governor's trip there. They just completed the first ever international conference on transitioning from fossil fuels in Colombia, and we did have a California representative there at that conference. So as you think through that, you know, that aspect of our import, you know, do you think there are ways that we can look at this? And I appreciate, you know, you, Vice Chair, and I think the members of the administration also meeting with representatives from the region. But thoughts on that?
Senator, I wanted to first thank you for providing the introduction with the colleagues, with the tribes, and the native population from the Ecuadorian Amazon. You're correct that we do source from the Ecuadorian Amazon, and I think we put in our transition in the 237 assessment. That's an important part. We recognize the resolution you called for, for kind of decoupling ourselves from that need. we haven't yet had a full dialogue on how best to do that. We've had some cursory conversations on understanding why we source specifically from them. As you know, the importance of California to source crude that is similar in density and sourness, I think, has kind of moved us away from California into South America as another destination. So I think, to your point, we will circle back with you with potential options. as we continue to explore diversity of sourcing. And thanks again to the legislature, the passage of the 237, some of the increase in the current production that we anticipate should reduce our reliance elsewhere. I also want to recognize that while, you know, increase in production here might reduce our dependency elsewhere, might not actually impact the prices, because the prices are still globally indexed, And that's something that we should keep in mind.
Yeah. Thank you. Well, thanks for all the data on the pricing as well, really eye-opening both in terms of the costs of the Iran war, the $50 billion price tag, and as well the impact to the California consumers of this war, as well as the difference between branded and unbranded, really eye-opening important stuff. So a lot of other questions, but we'll turn it over to my colleagues. Thank you. Thank you, Mr. Chair. I really appreciate it. I just have a couple questions. One for Mr. Milder. In your presentation, it seemed like you got to the point where you were talking about market manipulation. Have you found evidence of illegal market manipulation in price gouging by any California refineries?
Thank you, Senator. One thing I mentioned was market manipulation. When I was at the California Attorney General's office, we prosecuted a case. When it comes to what's happening currently in California, we flagged some concerning trades in 2023. That is something that our office is scrutinizing. It's an active investigation, which I'm not going to comment on further here. In terms of price gouging, the statute for price gouging in California is a criminal statute. So if you raise price more than 10 without a corresponding increase in cost that can be price gouging if the governor has declared an emergency So we haven had an emergency declaration to cover gasoline prices I can tell you that in 2022 and 2023 we have found those facts that the prices were raised dramatically above the input cost, corresponding input cost. So had there been an emergency declaration, that would have satisfied.
Going back to it, it would have, but have you found a California company price gouging? Have you convicted any California company that price gouged? Currently, right now, as we stand, has any company been convicted of price gouging in California?
Without an emergency declaration, Senator, there isn't a criminal violation, but the conduct of raising prices above costs, we have found that and put that into the record.
It seems to me, but again, a central focus seems from the DPMO is the public messaging is price gouging, but there hasn't been up to this point any company that has been convicted of price gouging. Is that correct?
So, again, the Attorney General's Office is the office that would bring cases like that.
But has the Attorney General's Office had a conviction on that case?
They have not, and I would add, for gasoline, and I would add, though, that we at DPMO have been very careful about how we talk about this. We've talked about increased costs. We haven't accused anyone of criminal price gouging for that reason, but we also, consumers want to know why prices have gone up so much. And I think even here today you've seen prices have gone up in California at about $1.30. The cost portion of that.
Well, there's many different reasons why that can happen. Is that correct?
And part of that is the increase in crude oil costs. But there's many different variables to that. Is that correct?
Yes, including the industry margins that have also gone up. And one of the other things I wanted to ask is, have you put forward any recommendations to reduce regulatory barriers to improve the business environment and climate for refineries?
So in terms of regulatory burdens, Senator, could you maybe elaborate more in terms of-
I've talked to industry. I'm sure they're going to come up here. But, you know, we've, as policymakers, talked to a lot of the folks who do this business and the regulatory environment that they're in. Have you focused on any part of any recommendations to kind of reduce the regulatory barriers to improve the business climate so we don't have a shutdown that just happened with Valero or Phillips 66?
We have engaged in discussions with a number of market participants, including market participants who would like to either participate more in the California market or participate in a different way. Some of those discussions are confidential. Happy to entertain those discussions. We do talk with industry quite a bit and would add to date, as I understand it, the transparency measures are largely around reporting data. Not, you know, don't want to again say that that's a regulation, but reporting data is also something you have to do with the federal government. A lot of the data gets reported both to the state and to the federal government.
And then I have for Mr. Gundah, your report says California has become more dependable on import fuels. Does the state's view think that that's a greater reliance on imports? Is that a success for California?
Senator, I want to make sure I answer that question as clearly as I can. I think if we are going to import, I think there are pros and cons. And I think we're seeing both of them right now. So let me articulate that. in 2025, because we had one of the refineries completely shut down, PBF Martinez because of the fire we have seen a need for imports And that kind of has helped with the streamlining and the market signal that imports would be helpful for California are needed So in that sense, I think imports, you know, as you have more opportunity for other players to bring in fuel during surge capacity, during need for unplanned plant maintenance, or just for price stability, I think it's helpful. On the con side, I think we're also seeing it right now, you know, without the Jones Act waiver or without kind of, you know, the ability to continue to produce, you know, fuels outside of California, we're at risk. It's a resiliency risk. So I think, you know, until we really articulate, you know, what is the path we want to go and address the cons, I think we will have some level of exposure.
Thank you. A follow-up question. You mentioned a pipeline that might go into the Gulf Coast. How would that work when we have a California-formulated gasoline to get oil from, or refined oil? coming from Gulf Coast?
Yeah, I think the plan right now is for the new pipeline that is being contemplated to connect a few refineries that produce Carbob. And so it's going to specifically look for shippers to put Carbob into the system. And I think the exact mechanics of how they're going to do will evolve as the business plan comes together. But the idea is to put Carbob in it.
And what would be that timeline for the pipeline?
2029 is the current expected timeline.
Okay. And then I don't want to take up too much of the other members' time because I know we've been here a long time. If I could just end on my own time and say I think that my good colleague from Wilmington, I believe, is her hometown. Is that right? Or is it Long Beach? San Pedro. Thank you. Thank you. I think my colleague said it exactly clear here. What does this look like? I don't think a lot of at least people in my district have the same goals as some that's coming out of CARB. And I understand CARB's implementing what some of the legislature's done. But if you have these big goals, you know, for example, no gas-powered cars by X amount of dates, we want to know what that looks like as elected leaders. And we want it to share with our constituents because I do believe when we do know what that looks like, I don't think it's going to be as popular as everybody thinks it's going to be. especially when we talk about the economic impact on our jobs and hardworking California families, when we talk about the price of fuel and the price of gasoline and what the cost, the offset cost, is moving forward. So, you know, on one end, it sounds great when you say it, but then I think my colleague said it best, and I would like to see that as moving forward in a future committee. What does that look like?
That's one of the best questions. What will that look like? And what would that mean to an average California family of four in that transition and those goals?
And so I would end with that. I want to thank my colleague from Bakersfield for allowing me to go because I had to get going, and I appreciate everybody's time here today. Thank you. Your colleague from Bakersfield. Thank you, Mr. Chair, and thank you for being here today. I have the utmost respect for the chair. You all three have street cred because he's sitting next to you, just to let you know that. I want to follow up and I want to echo my colleague from Long Beach's or Orange County's comments regarding the statements that were made by our colleague from San Pedro. Cut and paste her comments so I don't have to reiterate all that. We want to know what it looks like. But I want to ask some questions based on the comments that were made instead of making long statements. In 2016 years ago when AB32 was put into play 15 billion gallons of gas were used every single day in California consumers In 2022 it 13 to 13 billion gallons In 2024 it 13 billion gallons And in 2026, it's back to 13.3 to 13.4 billion gallons every single day. You guys have all made presentations before this committee and the legislative body as convened both on the Assembly and the Senate side. You've all mentioned the transition, and now it's a mid-transition, and we're changing that phase. Again, with all deepest respect, what does a mid-transition mean? And are we there? Are we halfway there? Are we partway there? Because based on the numbers that I have before me, we are not reducing consumption, and we have spent anywhere almost up to $100 billion implementing AB32 at taxpayer expense, or when I say taxpayer, the producer, the refiner, the people who are buying allowances, all of that stuff to stay in business in California. So what does that look like? What is a mid-transition phase, and are we there or where are we?
Yeah, thank you, Senator. I'll take the question. So the way we have defined the mid-transition is based on some of the scholarly work that came out of, you know, Professor Emily Grubert at Notre Dame. The specific definition is while we have a decline, the decline has begun in the legacy system, but it still continues to be substantial. So while that is happening, you're also having an emerging system that's beginning to come together, but it's not at scale yet. So it's not necessarily defined by a specific moment, and it could last a number of years. It could last five, it could last ten, depending on how the demand destruction happens and how the EV penetration continues to happen. So what we believe, based on the definition, is that, as you pointed out, our usage of gasoline in California is significant. We are either third or fourth globally, depending on the data. We are only next to the United States, China, and sometimes we exceed Brazil. sometimes we are behind Brazil. So our gasoline consumption is almost, you know, a gallon per person per day in California. So that is happening. But as you pointed out and some of us pointed out today in the testimony, we begin to see about 1% to 2% erosion. And to your point, while it eroded quickly, it has slowed down in its erosion the last couple of years, and we want to continue to see what happens. And the EV market is right now, you know, one in three of new sales in California are EVs. So it fits the definition. But I think the important part of why we call it the mid-transition is you need continued investments in both legacy system and new system to continue to go around this path. And we cannot neglect each of them.
I appreciate that. And, again, the deepest respect to you, Mr. Vice Chair. going over the numbers that are here with the decline, okay, from $13.4 billion to $13.3 or $13.2, there's a range there, at $100 billion cost. That's a significant cost per gallon of gas for the California consumer. Significant. Hundreds of thousands of dollars per gallon, basically, to try to implement this. I don't want to say when do you throw away the towel. You can't do it. I realize that we're going to do a transition. But my question is, is that at what cost? $100 billion to implement AB 32. And my other question to that is at what cost to Californians, but also, We do ocean board or ocean born and we import a lot of fuels. Those foreign companies and those, excuse me, foreign countries and those companies that are producing either refined fuel or crude oil that we're bringing to our ports, they're not buying allowances. They're not competing with California producers or California refiners. It's cheaper to produce, Japan or India produces a lot of fuel for us. It's cheaper to produce it in India and transport it over here with 1.6 million metric tons of carbon emissions to bring that ship here, which affects air and air quality. But yet they don't pay the price that we do to produce it. And how is that even beneficial to Californians?
There we go. I really appreciate the questions. And I think in keeping with the theme, I'll actually tell you something Senator Richardson said, which is what we've seen over the past few decades in terms of air quality improvements, which particularly have been prominent in the South Coast Air Basin. As we've seen air pollution, non-attainment days, we've seen incidents of unhealthy days decrease over time has been in large part due to our movement to cleaner vehicles, cleaner fuel. we're pushing forward to help bring those health benefits to Californians. And all of the analyses that we've done around this transition, this movement to cleaner vehicles and fuels, has shown that on net we're going to be the recipients of hundreds of billions of dollars of health benefits and societal benefits associated with the air quality improvements and the avoided cost of climate change that comes with our emissions now. So happy to share that information with you, Senator, to kind of provide some information about the benefits of why.
I do, and I appreciate that. But you have 90% of Californians, 90% of 40 million people in this state that still drive gasoline cars. I mean, and we've been doing this since 2008 at $100 billion cost, roughly. There's an estimate. It's $80 to $100 billion, but roughly I said the high side. I should say $80 billion. 90% of Californians in the last 10 years still drive gasoline-powered cars, and this is all supposed to disappear in 2045. Are we going to make it?
So just to be clear, nowhere in my testimony or I think anyone else here on the side said that all gasoline cars are going to disappear in 2045. I think we've acknowledged and recognized that we actually will have liquid fuel demand, including gasoline demand, well into the future as vehicles. So do we meet the 2045 deadline? We have outlined in our long-term planning a path to be able to hit the 2045 targets that are set by this legislature for emission reductions and for carbon neutrality, with still accepting and acknowledging that there will be continued gasoline and diesel demand past 2045.
Is that really a reduction? I don't mean to interrupt you. I know the chairs, we're on close on time, and I know you guys have been here for a long time. Is that really a reduction or is that just a pay, like buying allowances to operate so you're not really reducing it, you're just paying money to pollute?
Yeah, happy to elaborate a little bit. And I appreciate you recognizing the decline in overall fuel demand that we've seen over the past few decades. We've reduced our overall total transportation fuel demand by about 20 percent and then buried in that $13 billion number that you have, I'll give you an example, up is also the diesel fuel consumption that we have here in California. And as.
Yes Right because that was gasoline and diesel total at 13 billion gallons includes both of those values As the vice chair mentioned in his remarks in the diesel fuel pool now
we have almost three quarters of the diesel fuel pool being met with not fossil fuels, but low carbon alternative fuels in the form of renewable diesel and biodiesel. Those fuels can be used in the same diesel truck that is using fossil fuels. They can use those biofuels. Those biofuels have a lower air quality impact or pollution impact and a lower greenhouse gas impact. And so that's an example of a strategy that will help us get towards those climate targets and the air quality targets that we have in California without, you know, specifically requiring zero emission vehicles, for instance. So there are these types of strategies that will help get us.
Thank you. Given California's current market demand on gasoline with only six refineries left, and I'm going to preface the fact, and industry is probably going to just come uncorked when I say this, but it's actually just four companies. I mean, we're getting to a monopoly stage here, and they're going to hold all the cards because this body has driven most of them out of the state, and we need them.
So it's four companies. We have six refineries but four companies.
Is that correct, or is it three companies?
It's four companies. And so you have the smaller producers that have, well, Valera was not small, but you have smaller producers and refiners that have not been able to sustain the allowance purchases, the cap-and-trade issues, the demands on regulatory compliance, you know, $125 million for setup for fence line monitoring when they don't produce constituents that, you know, would require monitoring.
I mean, all these things that come out of this building. So I just want to make it clear that I think we're going to a monopoly situation. I'm getting that dirty look over there. But what other options exist for meeting the demand for gasoline besides importing? I mean, I know we're importing, but again, 126 million metric tons of carbon emissions to bring those ships to this shoreline so that we have a refined fuel or a crude oil price or a crude oil that we have to have in order to maintain these 90% of Californians that are still driving gasoline vehicles, they don't pay into the cap-and-trade program. They don't have to buy allowances. They're not competing on the same wavelength that we are required as producers and refiners for California-compliant oil. I'm looking at you, but it could be anybody.
Sir, yeah. Just one quick comment on this. I appreciate your concerns about the kind of concentration of number of fuel producers. One of the outcomes of this transition work that we've all been under as state agencies is actually seeing alternative fuels come into California, which is helping diversify the fuel supply system. And as the vice chair mentioned, we are in this mid-transition. Those alternative fuel producers are starting to grow in numbers. We have roughly 200 or so alternative fuel producers that are providing things like electricity and biofuels into California. Hydrogen, as Senator Caballero referenced. And so that is helping to provide a diversification. On your question related to the gasoline fuel pool, I'll just lift up some of the actions that the legislature took just last year. One of those was AB30, which was sponsored by Assemblymember Alvarez, which allowed for E15 sales in California. again this is in keeping with that overall theme of of broader fuel diversification because those ethanol suppliers are not the same as the the fossil fuel suppliers that are you know much more diversified so maybe with that uh uh yes senator uh really really want to address the question of market concentration and appreciate you raising it so one of the things that happening in this transition is a diversification So instead of being entirely reliant on a small number of in refineries which is how California has been operating for the last decade where we seen price spikes every couple of years we shifting to a model where there a refining core that most of the supply but there now supplemental supply coming in that is 20 or 25 percent on average
And what that means is less control by those few companies here and more competition. And so in the years 2024 and 2025, when we've had more import competition, we've had lower and more stable prices. So part of this is around opening California up for business, both making sure we have in-state refiners, but also competition. That's coming from marine imports, also potentially from a pipeline, as you've heard, in 2029. So that would be three different sources of supply, and that's what the northeast of the United States does, where they don't have the same kind of price spike. So that's a real truism in antitrust is if you have less barriers to entry and you have more competitors, then you see more competitive prices. And in terms of the distance fuel travels, the vice chair laid out very clearly the total number of imports is actually pretty stable or even declining. It's a shift from crude oil, which may also be coming a long distance, to refined products. And so that doesn't necessarily mean more congestion at the ports or longer distances traveled. It's a shift in the types of products that are coming in.
But how can you say that? If you get more barrels, I mean, what is it? How many gallons per barrel? And you're bringing in barrels versus gallons of gas. You're automatically, it's like three to one for ships and more ships coming into the port into California. And I want to go back to what you just said. I really, I submit to you with all due respect. Like, all due respect. We're exporting our jobs. We're exporting our fuel supply. When I say exporting, we can produce it here, but we're not. We're getting it from foreign countries, again, that are not California compliant, that we require our people to do California compliant production here. And we're exporting our carbon guilt. I mean, we really are. If you look at the other countries and how they produce their fuel, whether it's crude or refined fuel, it is at a higher carbon intensity globally than California compliant oil here. Just look at the numbers. There's just no way. No other country, unless you can tell me, requires allowances to be purchased to buy off the carbon that's produced by an air resources board or an equivalent agency in another country. So I'll let you – you can get back to me.
You can make a comment in closing.
A few weeks ago, you guys all testified, or maybe not all of you, but I know some of you testified in the assembly, and you talked about the available gasoline that is available to us right now. You said six weeks supply is what we've got. Has that changed? Where are we at? And are we facing any type of supply shortage in the state as we speak?
Thank you, Senator. So we'll submit the slides. So one of the slides that we showed is, you know, we said last time when we were here that we can credibly look at six weeks of supply, you know, liquidity that is not going beyond the 10-year average. So that doesn't, you know, it was a little misconstrued that we said that we are going to run out of fuel. So I just want to make sure we updated those numbers. Again, over the next seven to eight weeks, we see good liquidity in California. And we don't expect even under, you know, kind of critical scenarios for our overall days of supply to fall below the 10-year average. and then the second part is if we continue to dip it will be a signal for the market to import into California And you know what we have seen over the last three to four weeks three to four months is some of the developing economies cannot pay such high prices. So what's happening is the molecules are being diverted to countries, including like California, where there is willingness to pay, and we'll continue to see those molecules come at a higher price. Okay.
And then just a compliment to CARB and the new chair, just because I want to make sure I make this, is that I've been here since 2010, and this is the first year I've ever seen the California Air Resources Board take into effect what they call leakage, job loss, you know, when making decisions on allowances. And I do appreciate that. But I guess my question for all of you is that as we transition, in your words, or mid-transition, in your words, and we import more fuel and more either molecules, refined fuel, or oil, when we could produce it again here, providing California jobs. You know, like, look at the jobs that were lost with Valero. Look at the jobs in the Crimson Pipeline situation that we're facing. Look at the pipeline jobs. Look at the jobs that were lost in the Central Valley. We were able to get, thank you, Mr. Vice Chair, for the permits. But, you know, bringing people back from the Permium that left and chased the Permium and equipment and bringing it in, It's hard to get it restarted again to produce California fuel here. And then are we taking into account, are any of your agencies, anybody taking into account the job loss, the price gases? Have you looked at the issues on the impact on state employment or unemployment? How many people are unemployed? I know we lost almost 70% of our employees through the last decade of not getting permits. Now we're working our way back to 40 and 50 at a time, but that's going to take a long time. Are we looking at job loss impacts? I know CARB did on this last go-around, but what about the rest of you?
Yeah. Thank you, Senator, and I want to uplift both your question and Senator Richardson's question earlier, which really is asking the state agencies to look at this more holistically across different lenses, whether it's employment, whether it's revenue, and so on. So we do have a product by statute, the transportation fuels assessment, the second version that we need to submit to you by the end of the year. And one of the things we are hoping to do is continue to sharpen our analysis from the first transportation fuels assessment, the 237 assessment, the joint transition plan, and to really provide you with the overall, here are several pathways for transition, including a potential edge case of having all the refineries continue to stay. And each one of them, I think you will see pros and cons across a variety of metrics. And I think given the entire conversation today is really pointing to an industrial transition. This is a huge part of California's economy. Everything we do here will impact economy, environmental, and equity considerations. And we want to put those information in front of you and get your guidance. And that's what we're going to try and do this year.
Thank you. And just to follow up one time, I just want to make sure that in the assembly you said we had six weeks of fuel left, but we're not in that position anymore.
No, we said we are continuing to monitor six weeks ahead. And as of today, we look good between six to eight weeks. We're good. That doesn't mean that after six to eight weeks, under a bad scenario, we're going to run out of fuel. What we meant to say was we are under a bad situation. we could dip into lows that we haven't seen before, and that might attract imports, but it'll come at a cost. Okay, thank you.
And my deepest apologies, I had three committees during this whole hearing, and so I apologize for bouncing in and out. I want to thank the chair for his leniency, and I would have been, like, much more congenial and applaud each one of you for your successes, the things that the vice chair and I have worked on, the California Air Resources Board, because you really are taking into consideration job loss, leakage, and a plan moving forward, but I know the chair is, like, impatient. He's tapping his leg. And so please know that my heart is there, and I appreciate you answering my questions. Thank you, Mr. Chair.
Come get your solar panels. We'll go to Senator Stern.
Yeah, thank you, Mr. Chair. All right, let's pick up on that thread on market concentration then for a second. So we talked a little bit about the concerns of four companies at the refining level, But what I've heard so far is that the retail side is actually where we've seen the margins actually increase more so. Maybe I'll start with Mr. Milder and then CDTFA, if you don't mind. The area of further analysis around retail outlet ownership concentration statewide and local markets. Do we have the authority right now? Do you all have the authority you need to gather that kind of data between CDTFA and DPMO?
On the local markets issue, I believe we do have the authority. It's more of a resources question. So looking city by city or even within zip codes, we're starting to try and tackle some of those questions looking at hotspots, but it's a question of prioritization. The Iran conflict has created a lot of different demands on both DPMO, CEC, I'm sure CDTFA as well. So I do think we could try and tackle some of those issues in the future. I can't answer the authority part of it, but as we notice these trends and looking at data analytics, that's one area we'd like to explore further. So these are some of the trends we're noticing, analyzing large amounts of data, tens of millions, hundreds of millions of dollars of pricing data. We notice these trends, and that's one area I would like to explore further in terms of market concentration and ownership.
Do the tools do that analysis right now?
We have tools. Sometimes we don't have the data and information, but we have the technical ability to do analysis. But at this point, maybe not the sufficient data to do that analysis. Maybe the tools to do so, but not necessarily. We are a very talented data analysis team and well-versed team that could do that analysis.
Okay. Perspective on that from the CDC, briefly.
Yeah. Senator, I think there is a little bit of an issue here on the data, which is while the gathered data could be shared by us through interagency agreements, some of the subscriptions are not readily shareable. So, for example, we get AAA information, opus information, and usually those information comes with a lot of caveats and what can be shared, what can be published. So we're continuing to work on it, but I think there's an issue around resources and how well to share the resources and data and how much latitude we can get from these subscriptions to be able to publish and use. So we'll come back to you with additional information on that as well.
Okay, that'll help. Yeah because I was I have to say I reacted you know it was sort of tucked away in there I think it was in CDTFA testimony about the software being found to be tacit collusion
I believe it was the German context we were talking about. Yeah.
So can you describe that a little bit more about the algorithmic pricing?
Well, as I mentioned, that was a study that recently, maybe a couple of years ago, came from Germany, And that's one area that, like I mentioned, we noticed that and, you know, hearing and doing some more research. We noticed in other industries that are using algorithmic pricing, surveillance pricing, dynamic pricing. So that's the thing we thought that is another area that we'd like to explore further into the future. If what those studies are finding, the increased margins due to adoption of this pricing, there's something worth for us exploring further and trying to find more information.
I would certainly welcome that. Do you, Mr. Milder, do you know if the Aguiar-Curry legislation applies in the fuels, in the retail fuel space from last year?
Yes, Senator. So we have notified market participants, I believe AB325.
Yeah.
Yeah, so using a common pricing algorithm, if companies do that and it has the effect of fixing prices, that is certainly something that's actionable.
I really also want to lift up your questions about retail pricing and Professor Borenstein's work on the mystery gasoline surcharge. I think Californians and policymakers really notice when we have these crazy price spikes that go through the roof. And then sometimes the tension fades as prices come back down. And we've been missing a little bit that the branded prices have been going up and up over time. And that's what Professor Borenstein has been pointing to a lot is that even after the price spikes are over, this unexplained gap remains. And I think there's a lot of analytical work that we've done so far to identify dealer tank wagon pricing, branded pricing, but there's a lot more to do. Yeah, I mean, to see the margins between retail and wholesale be triple for a Chevron versus a Hypermart or a Costco, essentially, I mean, about 3X is pretty wild. So I do concur with the governor's pro tip on shopping for gasoline without, you know, at least as a first step. Do you currently, at DPMO, I mean, I know you've published that enforcement bulletin in Consumer Advisory recently, but in terms of, I think Senator Strickland was pressing on it, in terms of the actual enforcement authority, your authority is only as good as what DOJ currently does with that information. Is that right? You don't sort of have your own independent enforcement authority because you're separate right now from DOJ. Am I getting that right?
That's correct. We have the ability to require companies to provide information through subpoena, and we have the mandate to look beyond just violations of law to market structure problems, market power abuses, other things to raise it up for policymakers. So we're continuing to try and shine a light on why these high prices are there, not necessarily having new statutes that we can enforce, however.
Understood. Have you used that subpoena power since we gave you it?
We sure have.
Recently, this year even?
Absolutely. Do not comment publicly absent, I think, different circumstances around what we do, but in that arena because we have to keep a lot of it confidential. but our team is small but I think very effective in terms of the number of market participants we engaged with both in the first instance collaboratively or voluntarily but then also using subpoena power if we need to Okay All right Well that a thread I want to keep pulling going into the future is just how to better
integrate your both publishing and data access abilities with the sort of the DOJ side of things and make sure, I don't know, that we're not missing opportunities to better integrate that, especially given some of the staffing and resource challenges you all have. It's a very lean team, as I understand it, over at DPMO doing this work. So we'll be looking at that further. We can follow up. In the broader fuels assessment and the sort of strategies are 12 options.
I did want to inquire with you, Vice Chair Gunda, is there currently, I mean, we've told you study a lot of different options, but we haven't, from my understanding, we haven't really given you a clear directive to start pursuing any of these options. Is that correct? Sort of explore it all, but not a lot of, you know, say on this point about diversifying our fuel sources. We haven't said to you, go maximize that or go figure that out. Is that correct? Yeah, I think the current statute requires us to bring back to you, both in case of CARB and us, a menu of options or what we're trying to, this time around, Senator, as we go into fall, really bring to you some credible pathways from point A to point B that uses the work that CARB has done and put in front of you the pros and cons so we can get the directive and the tools.
I appreciate it. My concern with our timeline, and I'm happy it's a deliberative process, and I think you've earned a lot of respect by being that way, but if we wait until the end of this year when we're gone, and we have to go then into next year, and then we're looking at things like decisions, say, by 2029 about flow reversals, and probably sooner than that from a regulatory perspective, I would imagine, either at a federal or state level, regulatory decisions about those, you know, PIMSA or PUC. So I'm just a little concerned that if we wait that long and we actually know what we need to do now, that we're going to miss that opportunity. Obviously, I'm not thrilled about an import-driven strategy, especially one that relies on foreign sources. Do you have data, though, on, say, if we opened ourselves up and made more terminal capacity, more storage capacity, say, to receive things from the West, from the Koreans or from the Indians and their refining, and from the East. Say we sort of maxed out and really beefed up that capacity. We had the flow reversal from Western Gateway, and we had beefed up at a more diversified import market, say, from Asia, and not just relying on South America. what kind of longer-term price impacts could that have? I mean, do you have that modeled? Have you been able to work through those kind of scenarios?
Yeah, and I think I want to take a two-part answer to that, Senator. I think the first part on, you know, kind of the timeliness of the conversations, I just want to put a pin in that, you know, the conversations we are having are ongoing, so we welcome those discussions on an ongoing basis. And to the extent that the legislature is able to do incrementally work towards that longer path absolutely willing to be there and accessible for those conversations On the second part on just the imports as you noted we are right now tracking about 10 to 12 refineries maybe more because we don't have refinery by refinery, refineries in the world, both in the U.S., globally, that are producing both Carbob and the blend stocks. And so what that has been doing, and the reason why it has slightly started growing up, is there is a very credible signal that California is short now. because structurally we are short 200,000. That means 20% of fuel has to come. So there are two elements that we need to think through, and we are modeling that and happy to share that with you. How do we make sure that the import barrel coming in does not make the California refineries uncompetitive? And I think that's been a huge question for CARB, and I know your leadership on that. And the other side is while we make them competitive, how do we increase the supply liquidity so that there's more competition. So to your point, we are tracking, again, in interest of confidential conversations, we are tracking at least three conversations that are really interested in increasing the presence in California. And what we are beginning to really see is we need to think about the vessels. So a lot of the Jones Act vessels that we have today are coming to end of life. So we need to figure out how to make sure that we have enough Jones vessels. Second, the storage access, and this is something that DPMO raised as well, the importance of having the infrastructure accessibility for these people who can compete in California. But the last one, the third one that is really important for us to proactively solve is how do we de-bottleneck the infrastructure? For example, the Concord station, if you think about Northern California supply, There's a lot of tightness in the distribution network of the pipelines. So what we're actively looking at with collaboration with other state agencies is to think about whether there are idle pipelines that are useful. So we're going to circle back with you. I think if we did it right, there is a huge opportunity, and we have several scenarios on what the price impact could look, and we'll share with you.
I would very much welcome that feedback. Hopefully the chair would as well just to know what those options are and what the impacts could be. I mean, you talked a little bit about that storage capacity. We had in X21 and X12, we did talk about resupply and storage regs, but we still haven't adopted regulations there. Why?
Yeah, absolutely. And I want to just take it as a linear thing, Senator. So as we think about what happened since the passage of the second special session, we had two closure notices that came our way, both P66 Wilmington and Valera-Benecia. And one of the most important things, again, we're all resource constrained, and we noted that earlier, CEC has limited resources on the overall resources for CEC have not significantly increased, and we didn't ask for it during the special sessions. And I want to note it, and I know the nods from the dais. We needed to move them towards really understanding whether the assertions that were made by the industry during the special session were accurate or not. And then for that, we convened a task force. 13 agencies sat together, and we went through assertion by assertion to understand, you know, which are true, which are not, and what we have taken from all those conversations And again, from CEC's perspective, we are taking each agency's expertise into our process, but ultimately we have, as a commission, the delegated authority to put these regulations to maximize the benefit. So what we've kind of thought through is the most important thing to do at the moment is make sure we understand the data better. So as a part of resupply, it's not that we did not do anything on the resupply. We had the maintenance regs where the industry has to provide us what their resupply plan. And without breaking the confidence of Pairai, I want to note this, CEC has visibility on which refineries has a planned outage 12 months ahead. So we were able to, in 2025, see whether they were planned outages or no. And so the importance of regulations for us meant, you know, try to do it voluntarily, try to figure out a relationship with the industry where we can collaboratively work with them to bring in the necessary imports. And if you look at the events in spring and fall, especially fall, when we had two refineries in the north out at the same time, our prices didn't really go up. And I would say it's a testimony to the coordination and the long-run visibility and long-run planning on, voluntary planning on resupply. And I also want to note that some of the refineries currently do resupply on their own for long-term contracts that they have. what we were able to do is have conversation to bring in more imports. And that's what we've been trying to do, and I think that's a point that DPMO raised in our conversations about the importance of having resupply through imports rather than in-state cannibalization. And we have done that in a collaborative fashion. And I wanted to say, finally, us kind of taking a little bit of a detour on thinking about the mid-transition and holistic framework does not mean that we're not going to move forward with the regulations that are important. We have a June 8th workshop coming where we are restarting the conversation and resupply based on all the information we had the last two years.
Okay. Thank you. Very helpful. We didn't talk too much about CARB-OB in this hearing yet, but I know that is a sort of open question about our unique blend between CARB and CEC, some views on that. there's an assertion by some stakeholders that we could see some more price stabilization and better competition and get better results if we weren't so strict about non-CARBOB imports. Do you find that, Mr. Vice Chair, do you think getting away from CARBOB can actually help us meet some of these challenges, or do you think you have a sort of better way to be doing that from your other parts of your strategy?
So as with any of these strategies, Senator, I think it's the implementation, right? Ultimately, what we're talking about is does any of the bills, legislation, regulation that we do ultimately increase the overall competition and liquidity into the state? So if we relaxed the car bob, let's say, and we said we would put the surcharge, which is contemplated in some of the bills, too high, what is the motivation for an importer to bring in fuel? So it has to be in a way that it should make a meaningful sense for an importer to bring in fuel. And then the other side is, we've talked about today, we don't think we can afford to lose another refinery in the near term until we have clarity on the long-term strategy and an agreement. And that means whatever we do should not impact the in refineries So I think that balancing point of having the right correct level of pricing could both help and then could be meaningful
From a CARB perspective, I mean, part of that pricing was designed to, I don't want to use the word offset, to compensate for the emissions that we'd be receiving in-state and that, you know, we have Clean Air Act goals that obviously you have a statutory mandate, both federally and in state, to hit. So the theory was, okay, you have to put some kind of fee on all this because we've got to make up the gap. But if, let's say, assuming, say it was a $400 million revenue stream or something annually from a fee like that, and that that was actually too high and it had bad effects on competition or on in-state refining, as Mr. Vice Chair just pointed out. If we, in theory, had an ongoing or robust revenue stream funding, say, our mobile source sector at the same, you know, to the same tune, say, $400 million ongoing for both light, medium, and heavy, and you felt confident enough that the gap left on the mobile source side from an emissions perspective would be met. I mean, are you going to, do you need that same kind of car bob fee or can we, you know, sort of provide solid enough clean air rack guarantees to make sure you all, we're not taking, you know, tying one hand behind your back while we're trying to solve the fuel strategy and find ourselves in an air problem. Thanks, Senator. I really appreciate the question.
And for us at CARB, I think this all centers on what are the health and emissions impacts of potentially changing the fuel blend in California. Certainly, we have CARB up here in California in our fuel specs, and that's existed for the better part of a few decades. And that is, you know, specifically designed to reduce the incidence of non-attainment days of ozone emissions, which lead to asthma and other adverse health impacts. And so if we're interested in looking at what would it take to change California's fuel specifications, which I've said publicly before that I think there's merit in evaluating that question, for us it's a scientific one. What would the emissions changes be if we were to change the fuel spec? And this is something that we've discussed with CC. It's reflected in the TFTP and the 237 analysis work that CARB is now undertaking to understand, And, you know, if we run different fuel specs in California through California vehicles, what could the emissions changes be? So we're undertaking that analysis now. That will take a little bit of time. That's a scientific analysis. It requires laboratory testing. And once we have some of the outcomes from that analysis, we'll be able to answer that question more directly.
What do you think in timing?
More directly.
This session?
Well, I think you can appreciate that, you know, what that requires is actually procuring different spec fuel, requires getting vehicles, requires testing those vehicles, doing the data QAQC. So I'm going to put it on multiple months towards early next year at the best case scenario, and we're working this problem and happy to kind of follow up on it a little bit later.
Okay.
If I could briefly address it. Please, yeah, and then I'll yield back, Mr. Chair, when we're done with this. Just from an economic, so defer on the specification question and the health impacts, obviously, to CARB. and just from a competition standpoint, it really raises a great case study. So if you look to the northeast of the United States, there they have RBOP. So it's not the same standard as CARBOP, but it's higher than CBOP. There they have supply. They had in-state refiners, regional local refiners, some of which became uncompetitive and have closed due to larger mega refineries. It's a trend around the globe. So you've had some local refineries closed, but the efficient ones are still operating there. They have pipeline imports and they also have marine imports and their fuel specification is more fungible So what economists will say is that lowers barriers to entry to California fuels market You have more potential suppliers You have people deciding should we send a ship to New York or should we send a ship to California And that could ease some of the price spike-type situations we've seen before.
Yeah, I guess the last point is that we just wrapped up a rule at CARB last Friday that is going to have an indirect impact on this whole conversation in terms of the health of our refining system. And we know there was a lot of criticism that too many free allowances and that this manufacturer's decarbonization incentive that's going to allow refiners to actually get compensated with allowances if they're making investments in state could have some kind of negative impacts. But at the same time, I think the board made a strong decision to say we actually have to move forward here and stabilize these sectors, but without just sort of sending money up the river and hoping it sort of works out, and that those who are making $30 million, what is it? I believe it's $30 million an hour, so on track for a $234 billion net profit by the end of 26 in our oil sector that we don't sort of subsidize a sector that, frankly, owes us. So my question is really if we start leaning more on imports from, say, the east and the west, say, from the Permian and Asian markets, how do we be sure that we're not undermining our climate goals in that regard?
We know our current LCFS model, OPG, really uses averages, sectoral averages beyond our borders that are pretty loose. how to get the carbon intensity, say, of Iranian oil or Russian oil. It's not something you just go over to Moscow and go collect and do the same kind of testing you guys do at the airport, right? We have to make assumptions.
And my concern is that we have a very generic kind of set of assumptions for a lot of these imports that are giving too friendly of a treatment. We've talked about border adjustment mechanisms and things like that, but just from a straight data perspective, does CARB have the tools they need to analyze the life cycle greenhouse gas intensity of imports with the same kind of granularity, say, that we apply to our domestic fuel system? Sure. And, you know, I will say that this is an area where we're constantly working to kind of update and refine our data, and that is, like, how fuels move within the system into California, the imports and the carbon intensity associated with those fuels. I'll note, and I appreciate the references to just the hearing that was just last week, that a lot of that conversation was how can we structure California's climate policy to help encourage the investment in the in-state manufacturing sector to decarbonize, to help support competitiveness and help support that production to be able to meet California demand. And so those same tools are not necessarily available to importers of fuels, for instance. Right.
Yeah, I appreciate that the carrots are there now with the MDI, right? That's only for our instaters. But the reverse is just sort of making sure that we have an accurate intensity for LCFS purposes as well as cap-and-trade purposes of those, you know, fuel intensity of those imports. And at the rack everything is just treated as okay what the just from a combustion perspective what the intensity but not how are the Korean refiners you know what fuel inputs are they using right And what are the Indian refiners using So I just feel like to make a really complete story what I hoping is as you sort of start to finalize your integrated analysis and get this fuel assessment really in shape and sharpened, as the vice chair said, let's find out how to either update OPG or get a better plan for getting that import-based emissions intensity. So if you could take that back to the mothership, I'd appreciate it. Thank you, Mr. Chair.
Well, thank you. You know, so you've been here for three hours, and we've got a whole other panel. So let's give them the opportunity to come up and ask questions and ask the Vice Chair.
Thank you, though.
And I think there's obviously going to be a lot of follow-up, some written questions, some reporting back on some of the various items that have been raised. But I appreciate your work and I appreciate your candid answers. So thank you.
Thank you, Chair and members. Thank you for the opportunity.
Thank you. All right. So let's ask our next panel to come up. And we've got three very important stakeholder perspectives that we're going to highlight now. We've got Jamie Court, who's the president of Consumer Watchdog. We've got Zach Leary, who's chief lobbyist for the Western States Petroleum Association. and then also Jeremy Martin, who is director of fuels policy with the Union of Concerned Scientists. So we look forward to hearing their testimony. We'll start with you, Mr. Court.
Can you hear me? I think you have to press the button.
There you go.
And am I doing my own slides, or is someone else doing them? Yeah.
All right. Well, we've got your – so we have your slides here, but is it someone –
You're up on screen.
There you are.
You're on screen. You're on screen. You're on screen right there now. I got it. Yeah. Okay. I just want to take a moment, though, to thank Senator Allen, because all the data we're getting today comes from SB 1322, which is a bill that he did in 2022, single-handedly, went to the legislature and said we need more data. We need to have the data on what the oil refiners are making per gallon per month. And all this data started with that SB 1322. It was the single most important transparency reform we have today because it's what the public can see. It's posted every month, and it's 45 days late, and it's a tribute to the fact that the public has this data. The CEC has a lot of data. We don't know what that data is. We rely on them for interpretation. But because of Ben Allen, we have this data, and it's something we can see what's happening in the market. So let me show you what I think is happening in the market. This is data, SB 1322 data, showing the refining margins going back to 23 when the data from SB 1322 was first published. And you can see we had a rough year in 23. These margins were high. And the work the CEC has done at deterrence has really helped in 23 and 24 to lower margins. But as you see, in 2026, we're going up again. The margins were $1.02 in March per gallon, and that was just getting going. These are CEC slides from January all the way to March. And I want to show you something about these, a couple of things. Gas was $4 a gallon in January, and it was $5.26 in March. And you can see that this is not due to environmental fees or taxes. Those have remained stable. The refiners always talk about environmental fees and taxes. actually driving up the cost, those contribute about 87 cents a gallon, more than the average U.S. state. Everything else is what the refineries are making. And if you go from $4 to $5.26, you can see that that crude oil price is a big part of it. It's about 70 cents. I think they said 75 cents now per gallon. But the rest of it is refining margin and retail margin. It went up by 50 cents. And if you notice, the gallon of gas today is $6 a gallon, according to AAA. And the crude oil costs are stable. So they're about $97 a barrel, $100 a barrel. So when we project out what the refining margins are going to be in May, when gas prices are $6 a gallon, it's going to come out in the refining margin. It's going to be another $0.50 to $0.70.
cents, or it's going to come out in the retail margin, but I think it's going to come out in the refining margin. So we are headed for huge refining margins. And how did we get here? This was February when this started. The war was declared in March, but this started in February. Early February, Valero, Benicia was supposed to close in April and said we're starting idling in February. Then we had PBF Martinez, supposed to reopen in February, but didn't reopen. And according to the shareholder notes, didn't open in May either. I think it's open now. But this all created a crisis of supply. And you can see it in the inventories. The inventories dropped. This is from the CDC. They dropped from the beginning of February through April, and they're still very low. These are the problems that the legislature tried to address an X-B, X-1-2 and AB-2-X-1. The idea that we need to have adequate inventories, we need to have resupply rules, and we need to have a price gouging penalty for when the margins exceed $1, $1.20, up to $1.50 or $1.70. That's where we are now. And none of those rules were written by the CEC. And I heard a lot of this today, a lot of blame being put on the Iran war. The Iran war can attribute 70 cents a gallon. Go back to that slide. That's what 70, 75 cents a gallon. The rest is pure refining margin profit or potentially refine or retail margin profit. So we need to ask when these rules are going to be written. Had they been in place, we know that there would have been an edge taken off of this price. I couldn't say it would all go away, but there would have been an edge taken off this price spike. I will say this. I know the rules weren't written because there was deference to the refiners, and they said we're leaving the state and we can't do rules that will drive them out. Well, having minimum inventory rules isn't exactly like a price-gouging penalty. Having resupply rules isn't exactly like a price-gouging penalty. Even a price-gouging penalty, if the level is high enough at $1.25 per gallon, isn't a deterrent to doing business in a market. But the fact is that in the private conversations with shareholders, sorry, the refiners say this is a great market for them. They basically say, one of them says, well, we always used to say the region was one refinery short. Well, now it's several refineries short. They know they relying on low inventory They know that they have the potential to make a lot of money in this market and they won go anywhere I do see these pipelines as a real source of hope for this market particularly the Western Gateway pipeline And it doesn't involve building much pipe, no pipe in California, pipe in other states. and it doesn't require much to reverse it. But bringing in 200,000 gallons of gas is a replacing two Benicis. And if you have a pipe, you can shut it off, you can shut it down. It's not like shutting down a refinery. And it saves on the fuel, the pollution for imports in markets, excuse me, in the ports. I would like to know what the state is doing to encourage this because Phillips 66 is all over this, but the refiners, I think, don't like it. The four refiners in the state don't want the competition, and I'm afraid the CEC, in wanting to retain those refiners' interest in the state, will discourage in some way this pipeline, and I think we need to make sure it's encouraged. The last thing I want to say before I turn this over.
Can I ask you quickly, just because you bring it up,
and our colleague said that it's just going to take a long, long time, 30 years or something.
No, 2029.
These pipelines are going to be done in 2029. This will be open in 2029 because it's already been built.
So is she totally. Yeah.
In 2020, this was the Phillips 66 pipeline is due to be completed in 2029. They have the first stage of funding. So it's only a few years away. And it doesn't require much building. But I believe the refiners will do everything they can, existing in the state, to try to foil those efforts because it is going to be competition for them. The last thing I'll bring up is I'm concerned a little about regulatory capture at the Energy Commission. We have a Shell executive who was promoted to the deputy director of fuels division. Her name is Deborah Meeks. She's going to be in charge, apparently, of writing the net margin rules and possibly the minimum inventory rules and possibly the resupply rules. I've talked to Chairman Gundy. He assures us she's a great person, and I'm sure she is. But when you spend a decade in an industry working for a company whose goals are very clear, I'm really concerned about that being the person who's charged with writing the rules that are supposed to protect us. And I bring it to the attention of this legislature to watch it. And I'm trusting that Chairman Gundel will have a check and balance on her because she was representing Shell on the Fuels Advisory Committee. So to me, it feels like the fox guarding the chicken coop. I defer to the vice chair on the fact that he thinks that she's going to use her expertise for the state, but there clearly has to be a check and balance on the work she does. So I thank you for your time, and I thank you for your diligence on this.
Well, thank you, Mr. Quirk. Appreciate it. Let's go next to Zach Leary, who's here from WSPA.
Great. Thanks, Senator Allen. and I appreciate the opportunity here today. Really appreciate the discussion. Wanted a lot to unpack here today from the first panel. Wanted to address just a couple issues that I heard raised. First from Mr. Court on the margin cap and penalty. I think, you know, he's concerned about the CEC not imposing the margin cap and penalty. The legislature had the wisdom at the time when that legislation was going through to put guardrails in. You all put those guardrails in. That was, if it's going to impact supply, if it's going to have a negative impact on costs, the CEC probably shouldn't do it. And I think the CEC has a pretty good insight now on what the industry looks like from all the data that is now being reported to them as a result of your bill 1322 and subsequently SBX 2 Thankfully, that data is pyra-protected, thanks to the industry advocating that it needed to be pyra-protected. But they have insight that a margin cap and penalty probably wouldn't solve the problem that we're in here today and that you all had that wisdom to put that into the legislation. On minimum inventories, resupply plans, I think obviously complex industry, refineries are complex. Each of them is different. There's different market players. So, yeah, that is going to be a complex nut to crack at the CEC. You don't want unintended consequences. You don't want refineries to get backed up if they can't move product from tank to tank because they're required to hold minimum inventories. So a lot of challenges with that. But understand that the CEC is looking at all of these holistically through the lens of the data that you all empowered them with. I did want to address the, hear a lot about imports today. And, you know, our in-state refining capacity used to meet in-state demand. After the special sessions, that was no longer the case. After the two refineries closed, 20% of refinery capacity lost. So when you hear imports, think leakage of good jobs, tax revenue, and increased greenhouse gas emissions. And that's largely what CARB has been charged with doing is trying to look at their climate programs. How do we mitigate leakage, companies leaving but demand persisting? And the state is largely failing at that right now. We've seen a number of refineries leave for a whole host of reasons, but we know we're at a competitive disadvantage in this market. That is no mystery. The policies of this state have made us so expensive to operate that our foreign competitors have a greater edge with imports. And to have the conversation be centered around imports today is really discouraging for the remaining refineries that want to continue to do business here, that have participated with the CEC Roundtable, that have worked in good faith to provide the state with the information. Here are the policies that are inhibiting or putting us at a competitive disadvantage. We didn't hear anything about that in the first panel, and that's really discouraging because I think the legislature knows that protecting the remaining refineries is of the utmost importance because if you lose another one and if you're in another global crisis, we're going to be worse off. And so I think we'd love to hear more about the proactive strategies that the state has to protect the remaining refineries because we know the policies. They just need to be addressed, and it's going to take political courage. Senator Richardson had a great question about what does it look like? I can tell you in one word, expensive. 2045 will look expensive because it all is going to be a cost, and it's going to be expensive for consumers, and it will be expensive for businesses. Senator Stern you and Director Milder talked a little bit about market concentration And if you guys are concerned about market concentration help us fix the policies that will lead to the next refinery closure That will prevent further market concentration. If you want us, we want to compete in this market. But it's going to take lowering some of those barriers, addressing some of those policies to make us competitive again. that was pretty much it on addressing the comments from the previous panel. But really, I think we've got to just turn the page on the politics and policy of the past. We, as the industry, are ready, willing, and able to work with this legislature, with this administration, to address the policy issues that are putting us at a competitive disadvantage and leading to potential closures. We need to work together. You guys need us. We need you. And we can really solve some big problems in this state. Thank you, Zach.
Thank you. All right, let's now hear from Jeremy Martin, and then we'll open it up to everyone for discussion.
Yes, thanks very much. Thanks for the opportunity to speak to you about our work. You know, the last couple of years we've had a lot of conversations about California's gasoline market, and this is a conversation that's sure to continue for a few years to come. Vice Chair Gunda deserves special recognition for all he's done to pull an ongoing and inclusive dialogue within government and with a lot of stakeholders, which we've been happy to participate in, but also we appreciate the work that's been done in the transportation fuels assessment, the transportation fuel transition plan, lots of these documents to sort of put more focus on, you know, not just how we build the new system, but how we maintain stability as we transition. Yeah, and none of that would have happened without the authority and guidance that the legislature has provided. So today I'm going to focus on fuel regulations and air pollution, really, you know, looking at the chart that is in some of these reports of lots of different transition plan strategies. I'm going to be focusing on the ones related to fuel specifications and regulations in both the short and medium term. So people have been talking about California's special blend for a long time. It's often, you know, the first point that's mentioned when people say, you know, why is California gasoline different? And, you know, this report was cited in the Transportation Fuel Transition Plan from 2005, already highlighting that the special blends reduce emissions and improve air quality by complicate supply and contribute to higher prices. Obviously, the supply and cost issues are more salient than ever, but it's clear now that the combination of consolidated market power, limited physical connections to out-of-state product, and California's unique blend act together to make this market less competitive, less flexible, and more prone to price spikes. So we did some analysis last year to update our understanding. We did some modeling of what would happen if we allowed more use of non-California gasoline, really building on one of the strategies in the transportation fuels assessment. And what's important to understand is in the 20 years or so since these California regulations were put into place, a couple important things have changed. The first one is that the cars are much cleaner than they were 20 years ago, and they're less sensitive to small changes in fuel properties. But also, federal fuel regulations have gotten progressively more strong and now they nearly match California's, especially in the two properties that are probably the most important, the sulfur levels and benzene levels. So at this point, federal fuels are very similar to California fuel. So we did some modeling. I have a link at the end with more details, but just a few key results. If we just dropped Carbob immediately and used U.S. average gasoline in all California cars, we would see increases in pollution. these increases would be heavily concentrated in the oldest cars in the fleet. So that brought us to think, well, what if we, you know, use the mitigation fee revenues to support accelerated retirement through programs like Clean Cars for All? And so, you know, we tried to figure out, you know, given how much revenue you might collect, if you replace 10% of the fuel through this mitigation, through this program with a 25-cent fee, And basically what we found is, yeah, if you could do that and take 50,000 pre-2004 cars off the road, that would fully offset the pollution increases. And so basically you'd be better off from an air quality perspective. But moreover, you'd have 50,000 people who used to have very old, inefficient cars, which cost them a lot of money, running on gasoline, now in electric vehicles. So I think that's a real win-win strategy. Okay. Oh, I'm not moving anymore. Oh, now I'm moving all at once. Where do I need to? Okay. Sorry about that. Okay, we also wanted to briefly think about what would be the fuel market impact. Now, this has nothing to do with the retail part. This is all about the kind of wholesale availability. And so this plot here shows you the difference in the spot market price between Los Angeles and the average of New York and the Gulf Coast over the time period from 2021 to 2026. And in that time period, you see there's occasional spikes. In general, the difference in price is about 18 cents a gallon. And so if you had a 25 cent fee, it would not be attractive to import fuel under those circumstances. But it's not that infrequent that prices spike quite a bit higher than that. And so if the ability to use non-carbohyd gasoline could keep that difference to 25 cents, that would help. you don't need actually a huge amount of supply to address these shortfalls. And so that would have saved $5 billion over this five-year period. So it's a material benefit, and it would also have funded the replacement of a large number of old cars. I'll say, you know, we've presented this before. WISPA has opposed this proposal, which we thought was common sense. perhaps it's not surprising because the savings for consumers are lost windfall profits for the members of WISPA. They argued last time that their members made large investments to produce Carbob and that imports would undercut the in-state supply and lead to more refinery closures. But that really amounts to saying that an uncompetitive market with price spikes is a feature that you need to preserve and not a bug that you need to fix. So I don't think we should ask consumers to pay these prices for an unstable market as a way to keep refineries happy We specifically crafted the bill to avoid this destabilizing in refiners And I think it's also important to note that the investments made to support or to produce Carbob were made 30 years ago now. And, of course, this has been a very attractive market in that time frame. So I think those investments have paid off many times over, and even more so since 2015, when, of course, the margins sort of separated from the rest of the country. So that's about a short-term flexibility approach. I think it's also worth thinking about a longer term, permanently modernizing California's gasoline regulations within the next couple of years along the lines of the western, west-wide spec, but maybe looking not so much at the west, but just recognizing that California is increasingly integrated with the whole U.S. market. And actually in the last panel, Director Milder mentioned that if California used a fuel more similar to Arbob, if it could use Arbob, the same refineries are supplying or could supply California that supply the East Coast, that supply the Midwest, through a mix of in-state refining, ship-borne imports, both domestic and international, and in the next few years, potentially pipeline supply. So, you know, that is how things operate on the East Coast with a mix of in-state refining and imports from a variety of strategies. And just having a backup plan is really important to have the resilience. So you can keep the in-state refineries going, but if there's a problem, you have options. So I think that's really important. And California is no longer a fuel island, and so it needs to, you know, structure its markets and its regulations in a way that makes sense in that context. Yeah, but the big theme really is that, you know, a lack of competition is the core problem. And, you know, I think for a lot of the questions we're looking at, not just fuel regulations, but the structure of the whole market, you know, restoring competition can really help a lot. So thanks.
All right. Thank you. Thank you. Okay. Questions and thoughts from our colleagues, for our panelists.
No, please, please. Let's do it. Yeah. Thanks, Mr. Chair. We talked to Mr. Court a little, we talked a fair amount about the refining margins. Perspectives on the retail side of things, though, do you see concerns about that concentration, too?
I hear you loud and clear on the refining side. Yeah, I mean, I do. Obviously, when we're looking at Chevron making 89 cents and Costco taking 27 cents, that's a big problem. I just don't have a way of seeing the retail margins. The thing that the value of SB 1322, Mr. Allen's legislation, is we can see those refining margins every month, and it's self-reported. We don't know the retail margins. The retail margins are calculated based on what's left after the refining margin. So everything else is filled in, the LCFS, the tax, the crude cost, the refining margin, and whatever left over is what they give to the retail margin. It's not an actual reported thing. So that's why I have a lot of concerns, and I would urge everyone to go steer away from branded stations because they 40 cents more and you not getting any different gas But fundamentally the difference between making per gallon as a refining margin when refining margins were like 50 cents in January, that's a huge difference as opposed to a retail margin climbing by 10 or 20 cents.
I'm going to come back to you with one more question after this. But, yeah.
Yeah, Senator Stern, and I'll follow up with you after the hearing, but there is data that looks at California's retail market, and it looks at the complexities of really largely small business owners operating in California's highly complex, highly difficult business environment. And you're seeing, as compared to the rest of the United States, much more branded versus unbranded. So probably difference there in ability to operate investments to the rest of the United States. You're also seeing a lot less gas stations per capita in California. And honestly, that's a testament to the business environment here. You have cities and counties proposing gas station bans, which gas stations allow consumer choice. It allows what you mentioned earlier, that you can go to where you like. You have a brand preference. You can go there. You like their bathroom. You like their coffee. You can go there. It's on your way to work. Go there. But at the end of the day, consumers have choice.
There's been no gas station bans adopted, though, right?
Yes, there have.
Where?
There were seven jurisdictions that adopted different bands.
In California?
Yes.
And so this point, though, about dealer tank wagon contracts and the not independent retailers,
which I know folks like to point to in the narrow margins and that you're really just making money off. Can you sell a Slurpee or a Slushie or a coffee and that it's not actually made on the gasoline you're selling? That's a very small part of it for some retailers.
but the use of these dealer tank wagon contracts, are you aware of how that impacts downstream pricing?
Not really aware of kind of the relationship. I think with franchise agreements probably comes more certainty on supply. When you're buying as an independent, you're likely buying on the market, not guaranteed.
Yeah, I think this is an area we just – it's where retail bleeds into refining margins because if you're talking about a vertically iterated model, you might call it a refining margin, but it actually is a retail margin or vice versa.
Well, the refining margin is when it leaves the refinery gate, the retail margin theoretically is what they're making at the station.
But when it's a dealer tank wagon, it bleeds together because that's the contract.
And if Chevron's charging its gas station 40 cents more for the same gas it's giving the Costco for 40 cents less, Chevron's getting that extra 40 cents.
Right.
That's how it works.
And I think just this whole conversation about retail margins, refinery margins, I think we're missing the bigger picture is we need a healthy fuel system in California to provide affordable, reliable fuel to Californians.
Californians every day so that we don't end up in the situation that we have seen before in the United States where there is not supply, there is not fuel. The system has to work together. Largely each segment of the business is separate So refiners pipelines production retail those are separate businesses largely And so all those need to function together in optimal health to ensure that your constituents at the end of the day get the fuel they need. So to that point,
does WISPAS have a perspective on the Western Gateway Pipeline and whether that'll be healthy to that kind of diversified fuels market?
I don't have a position on individual projects. Nothing on individual projects.
Overall, would it be good for our market to have more capacity coming in so we're not relying sort of on, say, Jones Act vessels to bring it to our refiners?
Well, I think the CEC would need to look at,
does it put our existing refinery capacity at a competitive disadvantage?
You're talking about increasing imports from folks who don't have the same standards that we have in California. And that's been a decision. That's not the case. The Western Gateway Pipeline, refiners would have to meet the Carbop standard to put it on the refinery.
Would they have to comply with cap and invest allowance obligations?
Well, after last week, there's not many obligations.
You guys got away with $2 billion in free subsidies.
I don't see where those obligations are.
Well, we're still not on a level playing field with imported product, and that's what the competitive disadvantage is we're seeing in California is importers have an advantage in this market because of the policies and regulations that our refineries have to bear.
And that's a policy choice that the state's made, but let's just – and if we're trying to preserve and protect the remaining refineries, we have to know the impacts of issues going forward.
So fair to say maybe some concerns about imports from the east, but you don't share the same concerns, say, about Chevron's importation of Ecuadorian, potentially Venezuelan, or Middle Eastern.
I think Iraqi is the main other source of crude.
You don't see the same concerns about that?
Look, Senator Cern, we've been big proponents of pushing for more local production.
Yes.
And we've advocated for that, and you and I have had.
Yeah, we opened up Kern last year, and now the San Pablo pipeline can't bring any of that to the north,
so they're still on an island because they've been crowded out.
And Sable, meanwhile, has eaten up the entire pipeline to the south.
And so you've boxed out because the president favored one offshore driller.
Now your members are getting hammered because those two pipeline systems aren't delivering to the north or south.
Our Kern producers aren't.
We did our part to open it up.
We did seek reform and a lot of hard votes and voted for oil production.
I myself helped lead on that.
And yet we're not actually seeing that impact pricing because of all these exogenous factors of people don't want there to be competition with our domestic producers.
Like I'd like to see Kern get into my gas tank instead of Iraqi crude.
I don't want anything in my gas tank, frankly.
I get 20 miles a gallon, so I hate it.
But that's what I get.
I drive a Ford Transit 2016.
There it is.
That's all I got.
So how do we fix that?
A lot of issues outside of this legislature's control.
I think one of the things you can do as legislators is ensure redundancy, resiliency, and ultimately for the crude production, ensure there are customers at the end of the day. Because without refineries, crude has nowhere to go to be turned into gasoline, diesel, and jet fuel. And that's why the customers in the north were important. because it allowed an offshoot of crude production from Kern County. But we are seeing, I'm not sure, PBFC,
status right now, but Bolero is no longer a customer of crude from the Central Valley.
There's just not that base up there.
I get it.
Look, you're in a tricky position, and I don't envy you or the folks who staff WISPA to be
able to balance this, but I do think you have a fundamental identity crisis going on where,
on the one hand, you have companies like CRC that are actually trying to bring real crude to the table from California and do it in a competitive manner and do it in potentially a net zero manner, and they started injecting carbon. I think last week into the ground. Like, we embrace that.
On the other hand, you have Chevron that's written down over $5 billion of assets
and is going to rely entirely on what looks like conflict zone petroleum as their source. So I just find the message to be a little bit discordant where you're saying, on the one hand, you know, help us be more competitive in state,
and yet on the other hand, your largest member, your largest refiner,
has an entirely import-driven strategy where they are the prime contractor in Venezuela right now.
They are pulling – I wish the senator from Bakersfield were here because she would love my tirade.
I'm sort of channeling my inner Shannon Grove.
But we can't get that Kern oil to the refiners of the north because that San Pablo pipeline just can't compete with this cheap crude coming out of conflict zone.
So how do you square – I mean maybe it's a rhetorical question, but how do you square that – those totally different business models? Yeah, and I think the business models haven't happened in a vacuum. I mean, we aren't in this position for lack of us trying to warn against the position we would be in. We warned the legislature during the first special session, during the second special session, that all the rhetoric that was being tossed around in those first and special sessions, that's not helpful for business investment in California. Those policies didn't provide more certainty to investments in California.
Right, but the write-down decision was made before SB1X2 and before all that.
So the decision by Chevron to the shareholders, they wrote down $6 billion in assets or more and decided to start going after Guyana-Equidor well before we passed these refinements.
Just the cause and effect.
Yeah, and I'm not trying to explain their position.
I'm telling you business decisions have to be made,
And based on the policies of the state and the policies matter if there's certainty or if there's not.
But I'll tell you, 2019 to 2026, we weren't getting any drill permits in California.
Thanks to your good work, Senator.
We've seen current open up.
We've seen more investment coming.
We've seen the ability to operate because there's certainty.
Right. I just going forward to think about how to get that crude to market, because we'd be remiss in when we stretch, like you said earlier, finding those sweet spots, those uncomfortable spots, whether it's, you know, to Mr. Court's point, the very uncomfortable but potentially necessary decision at CARB last week. if, in fact, that's going to keep us more competitive.
But you're kind of saying that's not enough.
And then you're saying, well, you open up Kern.
Well, that's not enough.
We still don't want pipelines coming in from the east.
We still don't want refined Korean gasoline.
So it's just trying to get to that place where we have a clear counterparty to negotiate with and really understanding. And I get it very hard because you do have a membership that is you know there are different it not one unified voice perhaps maybe in petroleum in the West And may I respond Please And Senator we really appreciate the work you done And I tell you that was for one segment of the business and it hasn been enough And we did work with the CEC in good faith to show, here are the policies.
Here are all the things we've done.
the 20 years of systematically dismantling the fossil fuel industry, there was a lot of policies between then and now, and there's a lot of things we have to address.
So one bill, SB 237, while it was great work, it wasn't a silver bullet.
A lot more work to be done.
You know, it's like giving a mouse a cookie.
I mean, they just keep coming back for more cookies.
And I would say that the transition away from petroleum is a conscious decision by the state.
And I have no doubt that refiners made a choice based on that.
But the rhetoric around SBX1 and ABX2 saying things like refiners shouldn't be making $2 per gallon as a profit margin, I don't think did anything to drive the refiners away.
We have a conscious transition.
We have to accept refineries are going to close if we're going to go to EV.
And we've diversified sources to marine, to pipeline. You're looking at it like it's a bad thing that we're closing refineries in communities. If we have sources of fuel to backfill them, it's not a bad thing. The state has to choose it as a conscious strategy.
I'd like to ask a quick question, and I know the vice chair's got a question, and it's Senator Archuleta. To you, Zach, what are your insights as to why there's such a higher price for the branded oil at the pump?
for branded gasoline. I mean, there's a whole, I mean, franchise agreements, investments by the companies in the property. I mean, there's a whole host of issues. I mean, it's just so much higher than typical states. Well, also in other states, don't do this. That's the real key. It has to do with consolidation in the market. It has to do with what happened after the Torrance explosion in 2015, because before that explosion, there wasn't this problem. In 2015, the Torrance explosion happened. The refiners were offline for like a year. They got used to making higher profits. When we started to get supplies to backfill, the refiners wanted to find another way to keep making higher profits, and they started charging their branded stations 40 cents more, and that was their way to do it. And they could do it because the market was so few refiners controlling so much market share.
Well, the question was directed at me,
But I think, yeah, look at the market. It's harder to compete in California for small, unbranded mom-and-pop shops. That is just a fact. But we just saw the numbers said we're actually increasing, that the Hypermarts are now. That's the Costco's, the Safeways. I'm talking about Joe Schmo's gas station that doesn't have a brand that is on the corner competing with the others. and those are typically lower costs than a branded station.
But that's not a hyper.
But there's obviously money to be made in retailing gasoline in California if people are investing and Costco is investing or the hypermarts are investing. So it's not that it's a zero margin market. I mean, you're able to make some money. I think it's based on volumes, and I think folks have larger volumes than say a mom shop on the corner Let go to the vice chair So two points One would it be fair to say that you had mentioned earlier that
where we are now within the oil industry and being able to produce our refineries and so forth, it's been a process of about 20 years of legislation that has impacted the market. My good colleague mentioned that, you know, in the past, what, two years, maybe a year, year and a half, they've been, the state legislature has been proactively trying to approve more permits, trying to be a little more considerate to their current refineries to ensure that we're not losing them, you know, so quickly. And then the conversation has been that, well, it's not enough. You're coming back and you're asking for more and we're not getting the oil from point A to point B. Would it be fair to say that because of the legislation that has impacted the industry within the past two decades, the investments have been shifting to other areas per se, leaving the state or planning to state. There has been business choices that have impacted both the infrastructure in place as well as reverting the investments somewhere else, it's not going to be fixed overnight. You have to overcome or undo what has been basically two decades in the process of dismantling the infrastructure and the source of the oil in the state. Would it be fair to say that you have to undo all of that and it's not going to happen overnight?
Yeah, I think you're right, Senator. It's not going to happen overnight, and it's going to happen by listening and learning from each other. And it's not necessarily about undoing specific things. In some cases, it may be. But it's thinking about it in a different way. Thinking about it in a way that does lead to compliance, that is feasible, that is cost effective. And I think we can have those hard conversations, and we have. We have done that with Sivagunda. And to his credit, he's done a great job listening, learning, understanding what's going on in the market. CARB board chair Lauren Sanchez, same thing. We've had a lot of conversations with her just about the impact of CARB regulations, CARB goals, CARB mandates, X, Y, and Z, you name it. We've had really good conversations. Now it's about acting on what we know the problems are and finding the right solution to ensure that there is ability for compliance and that there is certainty in the state and that it's making us more competitive, not less competitive.
And the second comment that I had has to do with, you know, the questions on whether or not brand gasoline is more expensive than a mom and pop or a generic. Would you liken that difference to, say, generic prescriptions versus name brand prescriptions? Is it the same difference as far as cost is why generic pharmaceutical drugs prescriptions are not as costly as name brand original
I'm not an expert in the pharmaceutical space, but I would liken it to Cheetos versus cheese puffs. I mean, there's branded and there's unbranded. There's different components that go into each of them, brand loyalty, commercial, you name it. There's a ton of things that go into why branded is more a different cost than unbranded.
But it's the exact same gasoline, right?
No, not necessarily. Because, well, it's sold at the same terminals.
Well, I would just suggest, I mean, the comparison that's illuminating is to other states, right?
Because, of course, there are branded gas stations all over the country. and the difference between branded and unbranded gasoline is much, much smaller in the rest of the United States than it is in California.
So I think that does suggest that it's, you know, I don't think consumers in California have a radically different perspective on branded products. So I think it does suggest that something about market structure which may warrant more scrutiny. I actually like the generic, too. That's an interesting comparison because largely the generic is the same as the other prescription. but they're getting a benefit of charging more because they have a lock on it. I just was kind of curious on that end. And my final point is, you know, I think the biggest, the greater conversation for the everyday Californian would be probably on what they have, what options and how much it costs. Because if Chevron is in one corner and you have, you know, freedom on the other corner and they're less expensive, I think, you know, in California, most consumers just want choice and very inexpensive. You know, whoever is looking for, you know, I'm a Costco person, but I'm also a Chevron. I'm like, either one. You know, I will go to either one, but when I can, I'm at Costco filling out my 10. But I think it's consumer choice. And, you know, and I think the market bears what it can bear. And if people are not willing to pay what Chevron is offering, you're going to go out of business. I mean, I don't think you're going to be as competitive as having it, you know, be as competitive as you're going to try to be as competitive as you can because otherwise you're going to lose a huge market share. And especially in California where people are struggling financially to make ends meet. So, you know, we can we can hound on you and we can be incredibly hard. But ultimately, it's the consumer that directs where the demand is going to be and whether or not they're willing to pay what you're what you're offering. But I'm grateful that, you know, we do have options like Costco and not on brand, but just a couple of calls. Chair?
Yeah. Your comment, sir, Mr. Court, was the fuel is the same.
It is the same. It's exactly the same. I don't think the consumer out there realizes that because they see the difference in prices. and in difference of prices, the consumer minded, the quality must be different. And obviously if the price is different, the quality must be different. But there's a whole different world in this side versus this side. One is convenience, one is well lit, the restrooms are... the convenience store, whatever it is, that's an overhead, a business overhead. Over here, this establishment doesn't have that, so they can afford to keep the price down. But it's a consumer's choice.
But my question is, is it truly the same fuel? Because I know that when you cross the line and go into Arizona or wherever you're going, the price is lower. Does that mean the refinery and the product isn't as clean as it should be?
In California, because of our standards, the refineries have got to make it as clean as possible because of our restrictions that we've laid on you in the industry. Yeah, I mean, it's all carb-ob gas. It's mostly sold at a terminal where one refiner will sell it. Chevron could sell it to Costco. They do sometimes add Tecron for Chevron, but it's the same gas and also the octane difference. You know, a lot of people are told to buy higher octane, and in like 90% of the cases, it doesn't help them. So shopping around is good. The problem is we have fewer places to shop because there are fewer unbranded gas stations in the state. Fewer under the independent sector has closed up. And there's just an overall lack of gas stations compared to per populace in California. So there's less competition in the retail market as well as in the refining market. But it is the same gas.
It's the same gas.
Yeah.
So I guess that's the bottom line is consumer choice, right? And that's it. But the responsibility lays on all of you because the consumers in California are looking to us and to you to bring the prices down. And, of course, earlier today we talked about what's happening in Iran and everything else, which does have an effect on the industry. We know that. But right now, our chair and all the members here are concerned about the prices and how quickly we can bring them down. Do you see that other than what's happening in Iran because your hands are tied to that?
No. I mean, as I said, the 70, 75 cents of the extra $2 a gallon we're paying from January is tied to Iran. The rest is refining margin. And if we had a price gouging penalty, we could take it back. Now, the refiners would say that would drive them out of the state if we took back profit over $1, $1.25. I think it would keep the prices low, and I think if they're making $1 a gallon, they're going to stay in the state. But, you know, this is the problem we have with the Energy Commission as of the last year. They have backed off. They've listened to the refiners, and the refiners keep asking for more cookies. and so we have a situation where finally in the last three months we see these margins are going up and up and up and if we had the tool of the penalty, we could take it back. If we had the tool of minimum inventories and resupply, we could have probably stopped the conditions that started the price spike because we would have had more inventories and they wouldn't be buying on the spot market and raising the price. So I feel like if we had used these tools, we wouldn't be in this situation. We didn't learn from 23 and 24 reforms. We didn't implement them because we wanted to appease the refiners. And we see now the results of appeasing those refiners. It's $6 gas and $1.50 profit margin.
And I think it's a bit irresponsible to say we keep asking for more cookies. We were directed by the governor and the legislature to work with the CEC to identify problems and barriers and how to stabilize the refining market So we not asking for cookies We identifying problems And that was the directive was hey get with all these stakeholders
Try and figure what's going on out with refining, with production, with pipelines. And we did that in good faith. And so to say we were asking for more cookies, no, we were identifying problems at the direction of the governor.
So the bottom line is you're saying that had we not imposed so many restrictions on you, requirements on you, you could make that adjustment and probably a lot sooner than we're seeing right now.
Senator, I think we could have been better prepared for the situation that we're in today. We know global events happen. It's about the resiliency, the redundancy, the reliability of a system. And we've just seen the decline of the industry in California that's led to bigger supply challenges. Thank you, Mr. Chair.
Could you give me a sense, Zach, of why you're not embracing this? With that statement made, why there's opposition to the UCS idea?
Oh, absolutely. Our member companies made significant investments to make CarBob. Those investments are ongoing, refinery maintenance, turnarounds, upgrading. These things are constantly needing upgrades, changing parts. The California system was built for basically a one-fuel system. So when you start having compliant fuel and noncompliant fuel, and you're potentially mixing the two at a gas station, then you just have noncompliant fuel. So you run into compliance issues. You also run into the bigger picture is the state legislature and CARB directed us to do and make CARB-OB, and we did that. And now to backslide on the investments that were made, on the things we did as the industry to comply with your standards, to just be undercut and say, oh, just kidding, we're not going to require that anymore. it creates a whole bunch of uncertainty in the market about when is it going to be required to be sold, how is it going to be required to be sold, who is required to sell it. Is it the refiner who has Carbob and is making Carbob, or is it the importer, or is it the gas station owner? there's a lot of unanswered questions and a lot of challenges with introducing more fuel blends into a one-fuel system.
Yeah. Right. We're all in a – you're sort of complaining about the rules, but then you have to then invest so as to be able to incorporate the rules. But the flip side is if it's really about making things better for consumers and creating options that won't harm the air, Their proposal seems a really good idea.
Can I respond briefly? I mean, so first, you know, I mentioned already these investments were made a long time ago. They've definitely paid off. So I don't think there's a kind of leaving folks in the lurch isn't a reasonable description of the situation for refiners selling fuel in California. But the other really important thing is that those investments looked like a big deal in the 90s when the sulfur levels in gasoline sold in the rest of the country were 10 times higher But effectively now everybody come to this level of you know selling 10 ppm sulfur And, you know, they complained about it all over the country. So, you know, the EPA regulations and the California regulations aren't that different. The stringency to produce them. And really, you know, the California regulations just haven't been looked at in quite a while. And so, you know, what we're proposing, having looked at them, is that some of the differences now are incidental. They don't really deliver big improvements in air quality, but they do really harm flexibility, fundability, redundancy, you know. And so especially in the short term, I think the waiver idea makes a lot of sense and can help with resupply. But the bigger picture is as California is increasingly connected to the rest of the U.S. to really benefit from that connection. And it's really – it's not reversible, right? Like we're not going back. So California is going to be in a mixed market. And if California is in a mixed market and is using the same commodity or a very similar commodity to the rest of the country, you know, that'll just be a much more fluid market that will help California avoid these issues. And I think it is really important to look at other states, right? I mean, California was a big leader in the oil industry in the first half of the 20th century. But, you know, Pennsylvania was the leader before California was. And, you know, they've lost some refineries. They still have refineries on the East Coast. They operate with a mix of in-state refining, pipeline imports, international imports, some of them basically from the same places California can import fuel. So, you know, if California is part of the U.S. market, and these problems in California are unique. So if California is part of the U.S. market and, you know, really focuses on the things that it needs to meet its air quality goals, I think that can really address some of the fundamental challenges and give you the – because we're not going to have people building new refineries to have a lot of spare capacity. That's just not one of the plausible outcomes. So if you want backup and resilience, it's got to be, you know, by having access to fuel you can get from other places.
Okay. All right. Thank you. That's well said. I appreciate the discussion and the robust and differing opinions.
Let's give folks the opportunity to provide some public comment who want to come to the microphone. I very much do.
Will Breger from State Strategies. I represent various climate groups. In a prior life, I was a lawyer, climate and fuels lawyer for 30 years. So I could get into a lot of issues that have been discussed today, but I'm going to try not to. I really just want to say that I am grateful. I'm excited, and I am focused. I'm grateful that we have the kind of intelligence we've heard from today, both panels, really a lot of great thought about supply in California, looking out for consumers, looking out for the men and women that work in the fuels industry, and that's important. I'm excited because some of these ideas if they're taken up could lead to wait for it price competition in California for gasoline wouldn't that be great we saw those margins up on the slide unbelievable we have a lot of problems in this state that you and a lot of little factors go into gasoline prices but those margins speak for themselves We need competition And I hope the legislature will push those ideas as fast as possible that will not make our Texas overlords happy. And I say Texas because Valero, Tesoro, Chevron, BP, North America, Shell, North America, ExxonMobil, 76, and Phillips, 66, are all in Texas. So the big paychecks, they write, are in Texas. Not our concern. It's the men and women in California that we need to worry about. And finally, I said I'm focused. And I'm focused on a different goal than we've been hearing about. This, just in, I really don't like when witnesses read, but I'm going to read a short section of something that this body wrote.
Permission granted.
In 1974, thank you. In 1974, the California legislature established the CEC. And this is what the statute says. Over-dependence on the production, marketing, and consumption of petroleum fuels as an energy resource in the transportation sector is a threat, 1974, to the energy security of the state due to continuing market and supply uncertainties. So we've been, quick aside, we've been talking about 20 years and 20 years. This is more than 50 years we've been on this course. In addition, petroleum use as an energy resource contributes substantially to the following public health and environmental problems. Air pollution, acid rain, global warming, and the degradation of California's marine environment and fisheries. That is a goal we need to keep in mind. We're talking about supply and a reliable supply and affordable supply. But let's not forget, the real goal is to leave gas stations in the rearview mirror. So I ask this body and every agency to stay the course. Stay the course. That's the goal. And we cannot lose sight of that. Thank you.
Thank you.
Good evening. Allison Hilliard with the Climate Center. I hope you all are doing well. I just want to express support to the CEC and the partner agencies for their efforts to establish proactive transition of governance. That fosters an equitable and smooth holistic transition away from fossil fuels. California must make the transition easier by preventing supply shortfalls and price spikes while accelerating transportation electrification to reduce fossil fuel demand. The state should quickly implement the resupply rule and minimum inventory requirements already authorized by APX2-1. We fully support the policy concept outlined by Dr. Martin at UCS to establish a CARBOB waiver to create an equity-centered fund for clean air transportation. While the Transportation Fuels Transition Plan identifies important priorities, it does remain too general. The final plan should include binding community-led phase-out timelines, eliminate the multi-billion dollar cap and invest and LCFS giveaways to fossil fuel industry and other combustion fuel industries and also produce a detailed plan that outlines how the state can achieve its climate goals. Lastly, the recommendations in chapter should be greatly expanded upon in the final TFTP, and much more emphasis needs to be placed on integrated demand reduction strategies for both fossil and non-fossil combustion fuels. Thank you.
Thank you, Mr. Chair.
Jackie Onis, behalf of the California Fuels Convenience Alliance. Appreciate the conversation here today. Two things I wanted to highlight. One, it came up in the last panel around gas station bans. There are, in fact, 17 different localities in the state that have banned the construction of new gas stations. So we'd certainly invite the legislature to look at that and how that hurts competition, the opportunity to create more, to lower gas price for consumers. The other thing, just to briefly touch on, the discussion around brand and unbrand stations, I think Senator Archer-Ledda made a great point. Brand stations tend to have higher brand requirements around like lighting and signage that will lead to higher gas prices. The other thing I would also highlight too is brand stations have less flexibility when it comes to the fuel they can purchase. They are required to buy it from certain sources, whereas unbrand stations have more flexibility to shop around and get the best price possible for consumers. So, again, appreciate the conversation. Happy to follow up.
Thank you. Thank you. Okay, what an interesting discussion. Really appreciate the panelists, the committee participation. Our staff are putting together this really great mix of perspectives and, of course, all the great public comment we just got to hear. So thank you. There's much more to do on this. And, of course, it's always an ever-evolving issue, given the changes in geopolitics and market factors as well. So really appreciate it, and much more to come on this topic. But today we'll adjourn the hearing.