Gov. Newsom wins feud with oil industry — or did he?



So, the third time was the allure for Gov. Gavin Newsom’s campaign to punish oil firms for what he described as price-gouging — form of.

Newsom spent six months vilifying the oil business after retail gasoline costs surged final yr to as a lot as $2.60 a gallon over the nationwide common, and initially proposed a tax on windfall income.

Nevertheless, that didn’t wash with sufficient Democrats within the Legislature to go, since new taxes require a two-thirds vote. Newsom then exchanged the tax for penalties, however whereas they might have required solely a simple-majority vote, legislators had been additionally cool to deciding what revenue margins can be allowed.

Lastly — and virtually in desperation — Newsom reduce a deal that might dump the entire difficulty onto the California Vitality Fee to assemble knowledge about refinery operations, set up an affordable revenue allowance and assess penalties for exceeding it.

“Lastly, we’re able to look our constituents within the eye and say we now have a greater understanding of why you’re being taken benefit of,” Newsom stated final week as he signed the invoice. “There’s a brand new sheriff on the town in California, the place we introduced Large Oil to their knees. And I’m pleased with this state.”

It was a attribute little bit of hyperbole on Newsom’s half. It should take months, and maybe years, earlier than the Vitality Fee takes any motion to set revenue margins, a lot much less implement them.

“Nothing goes to occur within the brief time period,” Newsom acknowledged. “Gasoline costs aren’t going to drop instantly.”

Trade officers indicated that they might sue in the event that they think about a few of the proposed laws too onerous, which may tie issues up indefinitely.

“We have to wait and see what turns into of this,” a spokeswoman for the Western States Petroleum Affiliation stated.

One other caveat: The laws is aimed toward regulating “gross gasoline refining margins.” Nevertheless, the state’s foremost skilled on the topic, Severin Borenstein of UC Berkeley’s Vitality Institute, advised legislators at a listening to for Newsom’s second model of the crackdown that many of the sharp hikes in retail costs occurred as gasoline was being moved from wholesalers to the retail stage. Thus, limiting income on refining won’t have a serious impact on retail costs.

Lastly, the previous few passages of the laws, which bought virtually no media consideration, point out that the vitality fee is not going to solely regulate refinery income however should attempt to make sure the business’s skill to provide sufficient gasoline over the following few a long time for a “dependable, secure, equitable, and reasonably priced transition away from petroleum fuels” to battery-powered autos.

That might be the trickiest facet of the entire difficulty, and one with the best potential affect on the motoring public.

The brand new legislation primarily transforms the refining business right into a public utility, very like the suppliers of electrical energy and pure gasoline. Meaning not solely making an attempt to control costs however ensuring the business earns sufficient cash to maintain it in enterprise for 2 or three a long time, whereas some Californians proceed to drive gasoline- and diesel-powered autos.

Newsom has banned the sale of such autos after 2035, however that doesn’t imply they are going to all of a sudden disappear. Furthermore, the know-how to substitute diesel-fueled vans that carry freight into and out of the state remains to be in its infancy, and residents of different states looking for to drive into California will anticipate that they will gasoline their automobiles.

How will California regulate petroleum gasoline costs whereas concurrently making an attempt to each eradicate refiners and ensure they proceed to supply sufficient gasoline to satisfy demand indefinitely?

Dan Walters is a CalMatters columnist.