California drivers pay about $1.40 a gallon more than the U.S. average, and nobody in this story disputes that.
The story splits the gap into taxes, climate programs, a special blend and what is left, says whose number each is, and then follows the argument over the remainder: a surcharge the state’s own market watchdog now confirms, and the industry’s reply.
Where a figure is a count by one side, a plan or a projection, or our own subtraction, it says so. It does not say who is right.
Aug 2026
The gap
In August 2026 the U.S. Energy Information Administration’s monthly figures put regular gasoline at $5.46 a gallon in California and $4.06 across the U.S., a gap of about $1.40 (our subtraction). By its annual averages the gap was $1.36 in 2022, $1.25 in 2023, $1.22 in 2024 and $1.31 in 2025. Nobody in this story disputes the gap. The argument is over what it is made of, and the next scenes split it and credit each number.
$1.40August 2026, California minus U.S. average, regular gasoline: our subtraction from EIA’s $5.458 and $4.058
Regular 5.949 5.547 5.305 5.458 5.924 6.063
California Gasoline and Diesel Retail Prices (monthly and annual series), U.S. Energy Information Administration. Primary record. Open the source
Aug 2026
The gap in pieces
This sum is ours, for one month, from different sources. State taxes and fees run about 38 cents above the national average (EIA: 70.9 against 33.3 cents, January 2026). California’s two climate programs cost about 49 to 51 cents in August (Energy Commission, trade group), some of which other states have too. The special blend is put at 10 to 15 cents. Taking those off the $1.40 leaves about 36 to 43 cents. Nobody publishes this exact split, nobody prices the state’s fuel isolation alone, and it assumes costs are passed on in full.
DPMO confirms the “mystery gasoline surcharge.” California retail gasoline prices are higher than prices in other states, even after accounting for taxes, fees, and environmental programs.
Division of Petroleum Market Oversight, 2024 Annual Report, October 2025. Primary record. Open the source
Aug 2026
Taxes and program costs
For August 2026 the oil trade group counts $1.46 a gallon in taxes, fees and climate-program costs; the Energy Commission’s chart for the same month adds to $1.44. They differ only on cap-and-trade, 26 cents against 28: the trade group uses the latest allowance auction price and assumes full pass-through. Most of that total is not California’s excess, since every state taxes gasoline and the 18-cent federal tax is paid everywhere. The state’s case is that taxes fund roads and transit and the program costs fund clean-air work.
$1.46Per gallon in taxes, fees and climate-program costs, August 2026, by the Western States Petroleum Association’s count; every state pays some of it
Total $1.46 Total Per Gallon 100%
Taxes and Fees Californians Pay at the Pump in August, Western States Petroleum Association, 4 Sep 2026. Self-published. Open the source
1 Mar 1996
A fuel made for California
The Air Resources Board began setting California’s own gasoline recipe in 1992, and the second phase reached the market on 1 March 1996. The Energy Commission, as quoted in a Senate analysis, puts the extra cost at 10 to 15 cents a gallon. Borenstein assumed 10 and the state’s market watchdog follows him, though it says that likely overestimates it, because other states tightened their rules too. The industry says few refineries elsewhere can make the blend; we found no industry figure for its cost.
California’s unique, cleaner-burning gasoline blend costs more to produce than other types of gasoline, accounting for an additional 10 to 15 cents per gallon (according to the CEC).
Senate Committee on Energy, Utilities and Communications, analysis of SB X1-2, March 2023. Primary record. Open the source
22 Feb 2023
An island for fuel
The state and the industry agree that no pipelines bring fuel into California, so gasoline comes from in-state refineries or by ship. The Energy Commission says overseas supply can take three weeks; the trade group says 30 to 45 days. The industry points to this isolation and to supply limits as the main drivers of price. A tax-agency and Energy Commission report found the premium also grew in the West Coast states without California, from about 4 percent over the U.S. in 2004 to 2014 to 12 percent in 2015 to 2023, though those states have fuel programs of their own.
There are no pipelines that bring crude oil or gasoline products into California.
Catherine Reheis-Boyd, Western States Petroleum Association, to a Senate committee, 22 February 2023. Primary record. Open the source
18 Feb 2015
18 February 2015
An explosion in the fluid catalytic cracking unit of ExxonMobil’s Torrance refinery. The U.S. Chemical Safety Board found that a slide valve meant to act as a barrier failed, and said the unit was operating without proper procedures. The refinery, which the Board’s report says made about ten percent of the state’s gasoline, was under repair for over a year. The state’s market watchdog says the price gap kept growing even after the refinery was fully repaired in May 2016.
$2.4 billionWhat drivers paid in higher pump prices in the six months after the explosion, by a RAND study as reported by Consumer Watchdog
motorists paying at least $2.4 billion in higher pump prices in the following six months, according to a recent RAND study
Torrance Refinery Blast Cost Drivers $2.4 Billion, Consumer Watchdog. Scholarship & press. Open the source
30 Jun 2022
A gap with a name
Economist Severin Borenstein calculated that until February 2015 California’s premium over the rest of the country was virtually entirely explained by its taxes and environmental fees. After that, by his calculation, prices ran 28 to 50 cents a gallon above what those and an assumed 10 cents for the special blend could explain, on average each year to mid-2022. He called it the “mystery gasoline surcharge” and put its cost at about $40 billion. He says the Energy Commission’s advisory committee, which he chaired, could show something was amiss but never had the staff or authority to find the cause.
Since then, California’s gas prices have exceeded the average elsewhere in the US by an amount that in each year has averaged 28 cents to 50 cents above the differential that could be explained by our higher taxes and environmental fees, a difference I have called the “mystery gasoline surcharge.”
Severin Borenstein, testimony to the California Assembly, 30 June 2022. Primary record. Open the source
Oct 2025
The state’s watchdog checks
In October 2025 the Division of Petroleum Market Oversight, part of the Energy Commission, reported that it had independently validated his finding: a surcharge averaging 41 cents a gallon from 2015 to 2024, costing Californians $59 billion. Of the 40-cent rise to 42 cents between February 2015 and July 2025, it attributes 35 cents to higher gross industry margins and 5 to crude costs. It names market power as one potential explanation, and says the report does not necessarily represent the state’s views. The Commission’s own 2019 report put $11.6 billion over five years on retail margins and ruled out refiners’ margins, so the state’s account has moved.
Between 2015 and 2024, the mystery gasoline surcharge averaged $0.41 per gallon, costing Californians $59 billion.
Division of Petroleum Market Oversight, 2024 Annual Report, October 2025. Primary record. Open the source
Jan 2025
Few sellers
The watchdog says four companies control about 90 percent of in-state refining capacity, against 48 percent in the rest of the country, and that about half of California refiners’ sales go through their own stations or tank-wagon deliveries, against 9 percent elsewhere (2019). It calls market power a possible reason, not a finding. Chevron and Marathon, the two largest, trace back to Standard Oil and Ohio Oil (see The Trust); no source here ties 1911 to today’s prices, though a 1999 Attorney General task force already found California’s markets less competitive than the nation’s. Against this, the tax agency’s report says California refining costs reflect higher costs and incomes here.
In total, the top four companies control 90 percent of in-state refining capacity.
Division of Petroleum Market Oversight, 2024 Annual Report, October 2025. Primary record. Open the source
Jun 2025
What a margin is
Refiners now report margins to the Energy Commission, whose staff found their average gross gasoline margin rose from 67 cents a gallon (June 2013 to January 2015) to 93 cents (February 2015 to June 2025), in 2025 dollars: 68 cents to $1.01 for refiners selling mostly branded gasoline, 64 to 76 cents for the rest. A margin is measured to the wholesale rack, not to the spot market, and covers costs as well as profit. The cost data do not agree: refiners told investors about 24 cents a gallon in operating costs and told the Commission about 72. So profit is not known.
67 to 93 centsAverage gross gasoline refining margin per gallon, before and after February 2015, in 2025 dollars, by Energy Commission staff
Average GGRMs in California have increased from an average of 67 cents per gallon between June 2013 and January 2015 to an average of 93 cents per gallon between February 2015 and June 2025.
Staff Report: Senate Bill X1-2 Implementation, Maximum Gross Gasoline Refining Margin and Penalty (docket 23-OIIP-01, TN 266420), California Energy Commission. Primary record. Open the source
10 Jul 2024
A suit over the spot market
In May 2020 Attorney General Xavier Becerra sued Vitol and SK, alleging they manipulated benchmark spot prices after the Torrance explosion; the suit said this may have added more than a cent a gallon, against the 28 to 50 cents of Borenstein’s surcharge. Vitol said the suit lacked merit. In July 2024 Attorney General Rob Bonta announced a $50 million settlement resolving the allegations. No court ruled on them; Vitol said they were “untrue and unfounded” and SK did not respond.
Any allegations of wrongdoing by Vitol are untrue and unfounded.
Vitol spokesperson, July 2024, as reported by Bloomberg Law. Scholarship & press. Open the source
30 Sep 2022
Autumn 2022
On 30 September 2022 Governor Newsom said oil companies had raised California prices by a record 84 cents a gallon in ten days while crude fell, called for a windfall tax, and ordered an early switch to winter-blend gasoline. His office said the rise could not be blamed only on refinery maintenance, hurricanes or taxes. The state’s watchdog later reported that in the fall 2022 spike California prices rose $1.21 a gallon while the rest of the U.S. fell 9 cents and crude fell 39 cents; a Senate analysis noted a record $2.50 gap with the U.S. average, around the time some refineries were off line for maintenance. On 30 November the governor convened a special session for 5 December.
These price hikes cannot be attributed solely to refinery maintenance issues, hurricane disruptions, or even state taxes.
Governor’s office, 30 September 2022. Primary record. Open the source
26 Jun 2023
SB X1-2
Signed in March 2023 and in effect from 26 June 2023, the law created the Division of Petroleum Market Oversight, made refiners report more data and give a year’s notice before shutting or reconfiguring a refinery, and let the Energy Commission set a cap on refiners’ gross gasoline margin with a penalty above it. The Commission may do so only if it finds benefits to consumers outweigh costs. Senator Nancy Skinner wrote the bill; the governor and the attorney general co-sponsored it.
The commission shall not set a maximum gross gasoline refining margin or accompanying penalty under subdivisions (b) and (c), respectively, unless it finds that the likely benefits to consumers outweigh the potential costs to consumers.
Public Resources Code section 25355.5(e), as added by SB X1-2, quoted in the Energy Commission’s staff report. Primary record. Open the source
12 Nov 2025
The industry’s answer
The Western States Petroleum Association opposed the bill; its president told a Senate committee it “misguidedly focuses on profits, rather than the root cause of price spikes - a lack of supply.” A spokesman later said that attorneys general had looked into prices over the years and “every single time” found market forces. Borenstein’s answer on supply is his spot-price finding, that prices at the refinery gate explain little of the gap. We found no trade-association reply to the October 2025 report. The Pacific Research Institute wrote in November 2025 that gross margins are not profits.
This has been looked into by numerous attorneys general over the years. Every single time, they come back with the same findings which is that it was market forces. The industry was acting responsibly
Kevin Slagle, Western States Petroleum Association spokesman, to CBS Sacramento, 2024. Scholarship & press. Open the source
16 Oct 2025
Los Angeles, Phillips 66
In October 2024 Phillips 66 gave notice that it would stop operating its Los Angeles-area refinery in the fourth quarter of 2025, saying its long-term sustainability was “uncertain and affected by market dynamics”. The Energy Commission’s list says it stopped processing crude oil on 16 October, with remaining units to be idled by the end of 2025. The Commission projected the closure would cut Southern California gasoline production by about 75,000 barrels a day.
With the long-term sustainability of our Los Angeles Refinery uncertain and affected by market dynamics, we are working with leading land development firms to evaluate the future use of our unique and strategically located properties near the Port of Los Angeles
Mark Lashier, chairman and CEO of Phillips 66, October 2024. Scholarship & press. Open the source
Apr 2026
The Bay Area
Marathon’s Martinez refinery and Phillips 66’s Rodeo refinery were converted to renewable fuels, which cut northern California gasoline production by roughly 140,000 barrels a day, the Energy Commission says. In April 2025 Valero said it would stop refining at Benicia, its chief executive naming the regulatory and enforcement environment and saying the refinery costs considerably more to maintain than its Wilmington one. Valero stopped refining there in April 2026.
California has been pursuing policies to move away from fossil fuels for the past 20 years, and the consequence of that is the regulatory and enforcement environment is the most stringent and difficult of anywhere else in North America
Lane Riggs, Valero chief executive, on an analysts’ call, April 2025, as reported by Hydrocarbon Processing. Scholarship & press. Open the source
27 Jun 2025
More from the sea
In June 2025 the Commission projected that gasoline imports could rise from about 10 to 20 percent of demand to 25 to 35 percent by the summer of 2026, and up to 50 percent in northern California. That is a projection: no 2026 figure has been reported yet. The Commission’s figure for 2025 is 19 percent of supply, imported gasoline and blending components together, and 81 percent of the gasoline Californians consumed came from refineries in the state.
Gasoline imports statewide could increase to 25-35% of demand by the summer of 2026, and up to 50% in the northern California region after the announced anticipated refinery closures, bringing risk of supply disruptions and price volatility.
California Energy Commission, letter to the governor, 27 June 2025: a projection, not a count. Primary record. Open the source
29 Aug 2025
A cap, paused
On 29 August 2025 the Commission resolved to set aside a margin cap for at least five years. Its staff report, final in October, said its preliminary analysis showed a cap now “may affect refiners’ capital outlay plans in essential refinery maintenance and upgrades”, though it had no direct data on capital outlays or exit thresholds, and that in theory a well-designed cap would induce more supply at lower prices. The oil trade group called the vote “a needed step” that stopped short of repeal. The Commission kept the right to revise or rescind it.
The CEC’s preliminary analysis demonstrates that imposing a maximum gross refining margin penalty at this time may affect refiners’ capital outlay plans in essential refinery maintenance and upgrades
California Energy Commission staff report, October 2025. Primary record. Open the source
Nov 2026
Where it stands
The Energy Commission says the new laws are delivering, citing a 2024 average price 20 cents below 2023 and 70 below 2022, adjusted for inflation. By EIA’s unadjusted annual averages, prices fell across the U.S. too: California by 25 and 79 cents, the U.S. by 22 and 65. The gap was $1.22 in 2024, $1.31 in 2025 and about $1.40 in August 2026, and the Commission’s own page says price changes are driven mainly by global crude. At an Assembly committee hearing on 5 May 2026, press reports quoted Borenstein at about 50 cents for the surcharge; his chart shows it near 60 cents for 2026 to April. The Commission plans an updated margin-cap analysis by early 2027.
In 2024, the annual average price of a gallon of gasoline was 20 cents lower than in 2023 and 70 cents lower compared to 2022, adjusted for inflation.
California Energy Commission, "What Drives California’s Gasoline Prices?", updated July 2026. Primary record. Open the source