BILL NUMBER: AB 1552	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007

INTRODUCED BY   Assembly  Members   Salas
    and Lieber  
Member   Feuer 
    (   Coauthor:  
Assembly Member   Beall   )


                        FEBRUARY 23, 2007

   An act to  add Section 5101.1 to the Vehicle Code,
relating to vehicles   amend Section 1798.69 of the
Civil Code, and to amend Sections 25354 and 25364 of the Public
Resources Code, relating to petroleum products  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1552, as amended,  Salas   Feuer  .
 Vehicles: special license plates.   Petroleum
products: information.  
   (1) Existing law prohibits the State Board of Equalization from
releasing the names and addresses of individuals who are registered
with, or are holding licenses or permits issued by, the board, with
certain exceptions.  
   This bill would provide that those provisions do not prohibit the
release by the State Board of Equalization to the State Energy
Resources Conservation and Development Commission of data collected
by the board that identifies by name, address, or telephone number, a
business entity engaged in the retail sale within California of
gasoline or diesel fuel.  
   (2) Existing law requires refiners and major marketers of
petroleum products to submit specified information, within 30 days
after the end of each monthly reporting period, to the State Energy
Resources Conservation and Development Commission.  
   The bill would require those refiners and major marketers to
submit additional specified information pertaining to financial
information associated with, among other things, the production and
transportation of refinery output, and would make related changes.
 
   The bill would authorize the commission to collect from specified
persons in the marine transportation industry information pertaining
to congestion at marine petroleum terminal facilities within the
state.  
   (3) Existing law makes specified information collected by the
State Energy Resources Conservation and Development Commission
confidential, subject to certain exceptions.  
   The bill would authorize the commission to disclose specified
confidential information to the Attorney General if the Attorney
General provides a written request in connection with an ongoing
investigation.  
   Under existing law, the Department of Motor Vehicles issues
environmental and other special license plates. The issuance of some
of those license plates is subject to additional fees. 

   This bill would authorize a person who is a family member, as the
bill would define that term, of a member of the Armed Forces who was
killed while serving in active duty in the military to apply for
special license plates, subject to the additional fees and certain
conditions. The special license plates would contain a gold star and
the words "Gold Star Family." 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1798.69 of the   Civil
Code   is amended to read: 
   1798.69.  (a) Except as provided in subdivision (b), the State
Board of Equalization  may   shall  not
release the names and addresses of individuals who are registered
with, or are holding licenses or permits issued by, the State Board
of Equalization  ,  except to the extent necessary to verify
resale certificates or to administer the tax and fee provisions of
the Revenue and Taxation Code.
   (b) Nothing in this section shall prohibit  the 
 either of the following: 
    (1)     The  release by the State
Board of Equalization to, or limit the use by,  any 
 a  federal or state agency, or local government, of
 any  data collected by the board that is otherwise
authorized by law. 
   (2) The release by the State Board of Equalization to the State
Energy Resources Conservation and Development Commission of data
collected by the board that identifies by name, address, or telephone
number, a business entity engaged in the retail sale within the
state of gasoline or diesel fuel. 
   SEC. 2.    Section 25354 of the   Public
Resources Code   is amended to read: 
   25354.  (a) Each refiner and major marketer shall submit
information each month to the commission in  such 
 the  form and extent  as   that 
the commission prescribes pursuant to this section. The information
shall be submitted within 30 days after the end of each monthly
reporting period and shall include the following:
   (1) Refiners shall report, for each of their refineries, feedstock
inputs, origin of petroleum receipts, imports of finished petroleum
products and blendstocks, by type, including the source of those
imports, exports of finished petroleum products and blendstocks, by
type, including the destination of those exports, refinery outputs,
refinery stocks, and finished product supply and distribution,
including all gasoline sold unbranded by the refiner, blender, or
importer.
   (2) Major marketers shall report on petroleum product receipts and
the sources of these receipts, inventories of finished petroleum
products and blendstocks, by type, distributions through branded and
unbranded distribution networks, and exports of finished petroleum
products and blendstocks, by type, from the state.
   (b) Each major oil producer, refiner, marketer, oil transporter,
and oil storer shall annually submit information to the commission in
 such   the  form and extent  as
  that  the commission prescribes pursuant to this
section.  The commission may determine the form and extent
necessary by order or by regulation.  The information shall be
submitted within 30 days after the end of each reporting period, and
shall include the following:
   (1) Major oil transporters shall report on petroleum by reporting
the capacities of each major transportation system, the amount
transported by each system, and inventories  thereof
  of each system  . The commission may prescribe
rules and regulations that exclude pipeline and transportation modes
operated entirely on property owned by major oil transporters from
the reporting requirements of this section if the data or information
is not needed to fulfill the purposes of this chapter. The provision
of the information shall not be construed to increase or decrease
any authority the Public Utilities Commission may otherwise have.
   (2) Major oil storers shall report on storage capacity,
inventories, receipts and distributions, and methods of
transportation of receipts and distributions.
   (3) Major oil producers  shall , with respect to
thermally enhanced oil recovery operations,  shall  report
annually by designated oil field, the monthly use, as fuel, of crude
oil and natural gas.
   (4) Refiners shall report on facility capacity, and utilization
and method of transportation of refinery receipts and distributions.
   (5) Major oil marketers shall report on facility capacity and
methods of transportation of receipts and distributions. 
   (6) Each person required to report pursuant to this subdivision
shall submit annually to the commission such financial information as
the commission may determine necessary for the purpose of analyzing
and reporting upon the profits, earnings, and other financial
conditions of the California petroleum industry, including, but not
limited to, financial information pertaining to exploration and
production; transportation (whether by one or more marine vessel,
pipeline, rail, or tanker truck); refining; marketing; trading;
retail; and any other industry function that the commission deems
necessary and appropriate for purposes of this section. Except to the
extent previously made public by the person supplying the
information, the financial information obtained pursuant to this
paragraph shall be held in confidence by the commission. Any report
of the commission pursuant to this paragraph shall only include
confidential financial information if the information is aggregated
to the extent necessary to assure confidentiality and protect against
unfair competitive disadvantage to the person supplying the
information. 
   (c) Each person required to report pursuant to subdivision (a)
shall submit a projection each month of the information to be
submitted pursuant to subdivision (a) for the quarter following the
month in which the information is submitted to the commission.
   (d) In addition to the data required under subdivision (a), each
integrated oil refiner (produces, refines, transports, and markets in
interstate commerce) who supplies more than 500 branded retail
outlets in California shall submit to the commission an annual
industry forecast for Petroleum Administration for Defense, District
V (covering Arizona, Nevada, Washington, Oregon, California, Alaska,
and Hawaii). The forecast shall include the information to be
submitted under subdivision (a), and shall be submitted by March 15
of each year. The commission may require California-specific
forecasts. However, those forecasts shall be required only if the
commission finds them necessary to carry out its responsibilities.
   (e) The commission  may  by order or regulation
 may  modify the reporting period as to any individual item
of information setting forth in the order or regulation its reason
for so doing.
   (f) The commission may request additional information as necessary
to perform its responsibilities under this chapter.
   (g)  Any   A  person required to submit
information or data under this chapter, in lieu thereof, may submit a
report made to any other governmental agency, if:
   (1) The alternate report or reports contain all of the information
or data required by specific request under this chapter.
   (2) The person clearly identifies the specific request to which
the alternate report is responsive.
   (h) Each refiner shall submit to the commission, within 30 days
after the end of each monthly reporting period, all of the following
information in such form and extent as the commission prescribes:
   (1) Monthly  California  weighted average 
cost,  prices  ,  and sales volumes of finished leaded
regular, unleaded regular, and premium motor gasoline sold 
within California  through company-operated retail outlets, to
other end-users, and to wholesale customers.
   (2) Monthly  California  weighted average 
cost,  prices  ,  and sales volumes for residential
sales, commercial and institutional sales, industrial sales, sales
through company-operated retail outlets, sales to other end-users,
and wholesale sales of No. 2 diesel fuel and No. 2 fuel oil  ,
sold in California  .
   (3) Monthly  California  weighted average 
cost,  prices  ,  and sales volumes for retail sales
and wholesale sales of No. 1 distillate, kerosene, finished aviation
gasoline, kerosene-type jet fuel, No. 4 fuel oil, residual fuel oil
with 1 percent or less sulfur, residual fuel oil with greater than 1
percent sulfur and consumer grade propane  , sold in California
 .
   (i) (1) Beginning the first week after the effective date of the
act that  added this subdivision   adds
subdivision (j)  , and each week thereafter, an oil refiner, oil
producer, petroleum product transporter, petroleum product marketer,
petroleum product pipeline operator  , petroleum trader  ,
and terminal operator, as designated by the commission, shall submit
a report in the form and extent as the commission prescribes pursuant
to this section. The commission may determine the form and extent
necessary by order or by regulation.
   (2) A report may include any of the following information:
   (A) Receipts  , weighted average cost,  and inventory
levels of crude oil and petroleum products at each refinery and
terminal location  within and without California  .
   (B) Amount  ,   weighted average cost, and weighted
average sales price, by category,  of gasoline, diesel, jet
fuel, blending components, and other petroleum products imported 
into  and exported  from California  .
   (C) Amount  and weighted average cost of transportation, by
category,  of gasoline, diesel, jet fuel, blending components,
and other petroleum products transported intrastate by marine vessel.

   (D) Amount  and average weighted cost  of crude oil
imported,  into California and imported into the United States,
excluding California,  including information identifying the
source of the crude oil.
   (E) The regional average of invoiced retailer buying price  by
product, and associated regional average cost of each product sold
to that retailer  . This subparagraph does not either preclude
or augment the current authority of the commission to collect
additional data under subdivision (f). 
   (F) Daily spot market trading activity, including prices,
quantities, delivery dates, identity of trading partners, and other
information as the commission deems necessary and appropriate for the
purposes of this chapter. 
   (3) This subdivision is intended to clarify the commission's
existing authority under subdivision (f) to collect specific
information. This subdivision does not either preclude or augment the
existing authority of the commission to collect information. 
   (j) The commission may, by rule or order, collect from owners and
operators of marine petroleum terminals, owners and operators of
marine vessels shipping petroleum products, the Southern California
Marine Exchange and its successors, and from the Marine Exchange of
the San Francisco Bay Region and its successors, such information as
it deems necessary and appropriate to analyze and report upon actual
and potential congestion at marine petroleum terminal facilities
within the state. Each person required to report pursuant to this
subdivision shall provide this information at the interval and in the
format that is determined by the commission. Except to the extent
previously made public by the person supplying the information, the
information obtained pursuant to this subdivision shall be held in
confidence by the commission. Any report of the commission pursuant
to this subdivision shall only include confidential marine petroleum
terminal information if the information is aggregated to the extent
necessary to assure confidentiality and protect against unfair
competitive disadvantage to the person supplying the information, or
disclosure of proprietary information or information constituting a
trade secret. 
   SEC. 3.    Section 25364 of the   Public
Resources Code   is amended to read: 
   25364.  (a)  Any  A  person required to
present information to the commission pursuant to Section 25354 may
request that specific information be held in confidence. Information
requested to be held in confidence shall be presumed to be
confidential.
   (b) Information presented to the commission pursuant to Section
25354 shall be held in confidence by the commission or aggregated to
the extent necessary to assure confidentiality if public disclosure
of the specific information or data would result in unfair
competitive disadvantage to the person supplying the information.
   (c) (1) Whenever the commission receives a request to publicly
disclose unaggregated information, or otherwise proposes to publicly
disclose information submitted pursuant to Section 25354, notice of
the request or proposal shall be provided to the person submitting
the information. The notice shall indicate the form in which the
information is to be released. Upon receipt of notice, the person
submitting the information shall have 10 working days in which to
respond to the notice to justify the claim of confidentiality on each
specific item of information covered by the notice on the basis that
public disclosure of the specific information would result in unfair
competitive disadvantage to the person supplying the information.
   (2) The commission shall consider the respondent's submittal in
determining whether to publicly disclose the information submitted to
it to which a claim of confidentiality is made. The commission shall
issue a written decision which sets forth its reasons for making the
determination whether each item of information for which a claim of
confidentiality is made shall remain confidential or shall be
publicly disclosed.
   (d) The commission shall not make public disclosure of information
submitted to it pursuant to Section 25354 within 10 working days
after the commission has issued its written decision required in this
section.
   (e)  No information   Information 
submitted to the commission pursuant to Section 25354 shall  not
 be deemed confidential if the person submitting the information
or data has made it public.
   (f) With respect to petroleum products and blendstocks reported by
type pursuant to paragraph (1) or (2) of subdivision (a) of Section
25354 and information provided pursuant to subdivision (h) or (i) of
Section 25354, neither the commission nor  any 
an  employee of the commission may do any of the following:
   (1) Use the information furnished under paragraph (1) or (2) of
subdivision (a) of Section 25354 or under subdivision (h) or (i) of
Section 25354 for  any   a  purpose other
than the statistical purposes for which it is supplied.
   (2) Make any publication whereby the information furnished by
 any   a  particular establishment or
individual under paragraph (1) or (2) of subdivision (a) of Section
25354 or under subdivision (h) or (i) of Section 25354 can be
identified.
   (3) Permit anyone other than commission members and employees of
the commission to examine the individual reports provided under
paragraph (1) or (2) of subdivision (a) of Section 25354 or under
subdivision (h) or (i) of Section 25354.
   (g) Notwithstanding any other provision of law, the commission may
disclose confidential information received pursuant to 
subdivision (a) of Section 25304 or Section 25354 to the State Air
Resources Board if the state board agrees to keep the information
confidential. With respect to the information it receives, the state
board shall be subject to all pertinent provisions of this section.
  either of the following:  
   (1) Subdivision (a) of Section 25304 or Section 25354 to the State
Air Resources Board if the state board agrees to keep the
information confidential. With respect to the information it
receives, the state board shall be subject to all pertinent
provisions of this section.  
   (2) Section 25354 to the Attorney General if the Attorney General
provides a written request for the information, in connection with an
ongoing investigation. With respect to the information the Attorney
General receives, the Attorney General shall be subject to all
pertinent provisions of Article 2 (commencing with Section 11180) of
Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to confidentially of investigatory records.  
  SECTION 1.    Section 5101.1 is added to the
Vehicle Code, to read:
   5101.1.  (a) A person otherwise eligible under this article who is
a family member of a member of the Armed Forces who was killed while
serving on active duty in the military may apply for special license
plates issued for a vehicle under this article.
   (b) The applicant shall provide a death certificate issued by the
Armed Forces for the person who was killed while serving on active
duty in the military, and shall by proof satisfactory to the
department show that he or she is a family member of that person.
   (c) Special license plates issued pursuant to this section shall
contain a gold star and the words "Gold Star Family." The design of
the special license plate shall be approved by the department and the
Department of the California Highway Patrol.
   (d) Sections 5106 and 5108 apply to this section.
   (e) Upon the death of a person issued special license plates
pursuant to this section, the special license plates shall be
transferred to the surviving spouse, if he or she requests, or shall
be returned to the department within 60 days after the death of the
plateholder or upon the expiration of the vehicle registration,
whichever occurs first.
   (f) For the purposes of this section, "family member" means all of
the following:
   (1) Widow.
   (2) Widower.
   (3) Biological parent.
   (4) Adoptive parent.
   (5) Stepparent.
   (6) Foster parent in loco parentis.
   (7) Biological child.
   (8) Adoptive child.
   (9) Stepchild.
   (10) Sibling.
   (11) Half-sibling.