BILL NUMBER: AB 1552 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 6, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
INTRODUCED BY Assembly Member Feuer
FEBRUARY 23, 2007
An act to 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, Feuer. 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.
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 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 either of the
following:
(1) The release by the State Board of Equalization to, or limit
the use by, a federal or state agency, or local government, of 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 the form and extent 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
the form and to the extent 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 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, 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 A person required to report
pursuant to this subdivision shall submit annually to the commission
such all financial information
as the commission may determine that the
commission determines is 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 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) 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 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 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 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 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 to
the extent that 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 preclude nor 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
preclude nor augment the existing authority of
the commission to collect information.
(j) The commission may, by rule or order,
by rule or order may 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
any information that it deems necessary and
appropriate to analyze and report upon actual and potential
congestion at marine petroleum terminal facilities within the state.
Each A person required to report
pursuant to this subdivision shall provide this
the 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) 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) 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 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 a purpose other than the statistical purposes for
which it is supplied.
(2) Make any publication whereby the information furnished by 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 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.