AB 2638 California Assembly · 2025-2026 Regular Session

Gasoline prices.

Summary

Existing law requires the State Energy Resources Conservation and Development Commission, in cooperation with the California Department of Tax and Fee Administration, to submit a report to the Legislature, on or before March 1 of each year, that includes a review of the price of gasoline in the state and its impact on state revenues. Existing law authorizes the department to use any information that comes into its possession and to request from any person certain records, as specified. Existing law authorizes the commission to impose a civil penalty of $10,000 after receiving notification from the department that a person has failed or refused to provide information or records, as specified. This bill would increase the amount of that civil penalty to $15,000.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 20, 2026 Last action Mar 23, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

03/16/26 - Amended Assembly → AB2638 · 3 edits

MINOR

The final version of AB 2638 increases the daily civil penalty for failure or refusal to provide gasoline market records from $10,000 to $15,000 per day. The legislative digest was updated to reflect this as a substantive change rather than a nonsubstantive one, and the fiscal committee designation changed from no to yes, indicating the penalty increase has budgetary implications.

ENFORCEMENT

The maximum civil penalty for failing or refusing to provide requested gasoline market records to the California Department of Tax and Fee Administration was increased from $10,000 per day to $15,000 per day.

TECHNICAL

The legislative digest language changed from describing the bill as making a 'nonsubstantive change' to stating it would 'increase the amount of that civil penalty to $15,000,' reflecting the now-substantive nature of the amendment.

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the increased penalty amount has fiscal implications requiring committee review.

02/20/26 - Introduced → 03/16/26 - Amended Assembly · 6 edits · Mar 16, 2026

MODERATE

AB 2638 was significantly expanded in the Assembly amendment. The original bill made a minor nonsubstantive fix to the Climate Innovation Program's headquarters requirement. The amended version adds an entirely new provision requiring the California Energy Commission and CDTFA to submit an annual report on gasoline prices and their impact on state revenues, with broad record-request authority and increased civil penalties for non-compliance.

Scope change

The bill's scope expanded substantially. It originally only made a minor technical fix to the Climate Innovation Program's headquarters retention requirement. The amendment adds an entirely new regulatory framework for annual gasoline price reporting, CDTFA record-request authority over fuel market participants, and increased penalties for non-compliance with those requests.

SCOPE

A new Section 1 was added amending Public Resources Code Section 25355.7, requiring the California Energy Commission, in cooperation with CDTFA, to submit an annual report to the Legislature by March 1 of each year reviewing gasoline prices in California and their impact on state revenues for the prior calendar year.

ENFORCEMENT

CDTFA is authorized to request records from any person, including sales prices and contracts for unbranded rack sales, branded rack sales, bulk sales, spot pipeline sales, dealer tankwagon sales, imported fuel transactions, and retail gasoline sales by location and grade. Records must be provided within 30 days of a notice of request.

The maximum civil penalty for failure or refusal to provide required information or records was increased from $10,000 per day to $15,000 per day.

REQUIREMENT

Confidentiality protections were added: information provided (including trade secrets) is confidential and not subject to public disclosure. Reports may only disclose confidential taxpayer information in aggregate form where specific disclosure would cause unfair competitive disadvantage or adversely affect market competition.

TECHNICAL

The original Climate Innovation Program amendment (Section 25625.4) was renumbered from Section 1 to Section 2 and had a redundant word removed ('the financial incentive incentive' changed to 'the financial incentive'). This is nonsubstantive.

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the amended bill now has fiscal implications requiring fiscal committee review, likely due to the new reporting and enforcement provisions.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 23, 2026

Lower · Passed

In committee: Set, first hearing. Hearing canceled at the request of author.

lower

Mar 17, 2026

Committee

Re-referred to Com. on U. & E.

lower

Mar 16, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

lower

Mar 16, 2026

Committee

Referred to Com. on U. & E.

lower

Feb 21, 2026

Lower · Passed

From printer. May be heard in committee March 23.

lower

1 primary · 0 co-sponsors