Legislative leaders in a standoff after Gov. Newsom calls special session on gas prices
Gov. Gavin Newsom called state lawmakers into a special legislative session to address gasoline prices and price spikes, but legislative leaders are in a standoff over whether they’ll convene and one chamber has no plans to meet.
The call came down a few minutes before 7 p.m. Saturday, hours before the legislature was set to adjourn its 2023-2024 session. Newsom had threatened to call a special session if lawmakers did not pass a package of bills aimed to stabilize the state’s gasoline market and infamously painful price spikes.
Senate President pro Tem Mike McGuire said Saturday night his chamber “won’t be convening in a special session this fall” because they were ready to pass the package before adjourning.
But Assembly Speaker Robert Rivas said he did not want to push “through bills that haven’t been sufficiently vetted with public hearings” and favored doing it in a special session.
“My absolute priority is lowering the cost of living, and I appreciate the Governor calling a special session to reign-in soaring gas prices,” Rivas said in a statement Saturday evening. “While I respect the pro Tem’s position, the Assembly is united: We want the public to have a voice in this process, and that hasn’t happened yet. We need to get this right.”
“We have all been working on this California Made and Clean Energy Package for months, and some of these proposals have been in discussions for the better part of a year,” McGuire said in a statement. “The Senate always had the votes and was ready to get these important measures across the finish line this legislative year and deliver the relief Californians need at the pump and on their electricity bills.
“We won’t be convening a special session this fall, but we look forward to continuing conversations with the Governor and Speaker about this critical issue in the days and weeks to come,” the pro Tem said.
“The special session has already begun,” a Newsom spokesman said in response to McGuire’s statement. “The Governor has caused both houses of the Legislature to assemble in a special session by virtue of his proclamation.”
The governor’s office pointed to the text of the state constitution, which reads: “On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.”
The Assembly began its special session Saturday evening within an hour of Newsom’s proclamation. The Senate did not enter a special session and adjourned 17 minutes after midnight Sunday.
Following adjournment, McGuire profusely repeated his respect for Newsom and Rivas but said it’s “hogwash” to assume the Senate would be breaking the law by not meeting under the governor’s call.
“There’s simply a difference of opinion coming back into special session, and that’s okay,” he said. The Sonoma County Democrat also repeated that his caucus “is unified” in not returning.
Senate Republicans also opposed Newsom’s call.
“We support the pro Tem’s statement on the special session. We’ve had plenty of time to get the work done and we don’t need a special session,” Republican leader Brian Jones said.
Rivas said early Sunday that his house is “going to dig into this work rather quickly,” potentially in the next two weeks.
The Speaker, when pressed by reporters, said “there’s no gimmick in vetting policies.” He had previously raised concerns with proposals being introduced with only days remaining in the regular legislative session.
“I have a tremendous amount of respect for the pro Tem and for the Senate. Obviously, as speaker of the Assembly, my focus is ensuring that we get our work done and I believe when the governor issues proclamation, it’s our constitutional obligation to get that work done. It’s exactly why we opened the session today,” Rivas said.
Newsom called on lawmakers to consider proposals outlined in SB 950, which would have required oil refiners to maintain reserve stockpiles of gasoline to prevent shortages in case of unplanned maintenance.
According to analysis by the California Energy Commission, the stockpile proposal could mitigate short-term price spikes but could create shortages in some markets and increase storage costs.
“It should be common sense for gas refineries to plan ahead and backfill supplies when they go down for maintenance to avoid price spikes. But these price spikes are actually profit spikes for Big Oil, and they’re using the same old scare tactics to maintain the status quo. We look forward to working with our Legislative partners during the special session to act on this urgently needed legislation,” Newsom said in a statement Saturday accompanying his call for a special session.
It was not immediately clear when the legislature might meet to pass the bills. According to the California Constitution, the legislature has until November 30 to meet in a special session.
“Calling the session now allows the Legislature to begin that work immediately so that the state can resolve this important matter to establish the necessary rules to prevent price spikes next year and beyond,” Newsom said.
This marks the second time Newsom called lawmakers into a special session to address rising energy costs.
In late 2022, he called one for lawmakers to address spiking gas prices, when the statewide average topped $6 per gallon. Lawmakers in early 2023 passed a bill creating the Division of Petroleum Market Oversight, meant to be a watchdog on the oil industry. The stockpile proposal is a recommendation from the DPMO proposed earlier this year.
“I’m not aware of any instance of the legislature declining to convene for a called special session.,” Alex Vassar, a historian and spokesman for the California State Library said in an email. “There have been cases (for example the 1st extraordinary session of 1973) that were opened, dispensed with, and closed within an hour or so.”
Vassar cited seven special legislative sessions since the year 1900 that concluded business in under eight hours: 1907, 1911, 1919, 1926,1940, 1950 and 1973.
This story was originally published August 31, 2024 at 7:46 PM.
