BILL NUMBER: SB 1300	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  JUNE 18, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Hancock
   (Principal coauthor: Assembly Member Skinner)

                        FEBRUARY 21, 2014

   An act to add  Section   Sections  7872
 and 7873  to the Labor Code, relating to refineries.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1300, as amended, Hancock. Refineries: turnarounds.
   Existing law, the California Refinery and Chemical Plant Worker
Safety Act of 1990, states that its purpose is to prevent or minimize
the consequences of catastrophic releases of toxic, flammable, or
explosive chemicals. The act provides for the adoption by the
Occupational Safety and Health Standards Board of specified process
safety management standards for, among others, refineries that handle
acutely hazardous material. The act declares the intent of the
Legislature for the standards board and the Division of Occupational
Safety and Health to promote worker safety through implementation of
training and process safety management, as defined, in refineries and
other facilities as deemed appropriate. A violation of the act is a
crime.
   This bill would require every petroleum refinery employer to,
every September 15, submit to the division a full schedule for the
following calendar year of planned turnarounds, meaning a planned,
periodic shutdown of a refinery process unit or plant to perform
maintenance, overhaul, and repair operations and to inspect, test,
and replace process materials and equipment, as specified. The bill
would also require a petroleum refinery employer, upon the request of
the division, to provide access onsite and provide the division with
specified documentation relating to a planned turnaround within a
certain period of time, as provided.  The bill would, except in
the case of a request for public release, require the division to
protect from public disclosure any information submitted to the
division pursuant to these provisions that is designated as a trade
secret, as defined. The bill would require the division to notify a
petroleum refinery employer in writing of a request for the release
of information to the public that includes   information
that the petroleum refinery employer has notified the division is a
trade secret, as provided. This bill would authorize an employer to
seek a court order prohibiting public disclosure. The bill
establishes misdemeanor penalties for knowingly and willfully
disclosing trade secrets. 
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 7872 is added to the Labor Code, to read:
   7872.  (a) As used in this section, "turnaround" means a planned,
periodic shutdown, total or partial, of a refinery process unit or
plant to perform maintenance, overhaul, and repair operations and to
inspect, test, and replace process materials and equipment.
"Turnaround" does not include unplanned shutdowns that occur due to
emergencies or other unexpected maintenance matters in a process unit
or plant. "Turnaround" also does not include routine maintenance,
where routine maintenance consists of regular, periodic maintenance
on one or more pieces of equipment at a refinery process unit or
plant that may require shutdown of such equipment.
   (b) Every September 15, every petroleum refinery employer shall
submit to the division a full schedule of planned turnarounds for all
affected units for the following calendar year.
   (c) At the request of the division, at least 60 days prior to the
shutdown of a process unit or plant as part of a planned turnaround,
a petroleum refinery employer shall provide access onsite and allow
the division to review  and receive copies of, or, at the
division's discretion, submit in physical format or in electronic
format if available electronically,  the following
documentation for the process unit or plant scheduled to be shut down
for that turnaround:
   (1) All corrosion reports and risk-based inspection reports
generated since the last turnaround.
   (2) Process hazard analyses generated since the last turnaround.
   (3) Boiler permit schedules.
   (4) All management of change records related to repairs, design
modifications, and process changes implemented since the last
turnaround or scheduled to be completed in the planned turnaround
referenced in this subdivision and identified in subdivision (b).
   (5) Work orders scheduled to be completed in the planned
turnaround referenced in this subdivision and identified in
subdivision (b).
   (6) All temporary repairs made since the last turnaround,
including, but not limited to, clamps and encapsulations. As used in
this section, "temporary repairs" means repairs made to piping
systems in order to restore sufficient integrity to continue safe
operation until permanent repairs can be scheduled. 
   (7) Notification and description of all repairs, design
modifications, or process changes described in a corrosion report,
risk-based inspection report, process hazard analysis, boiler permit
schedule, management of change record, work order, or other document
listed in paragraphs (1) to (6), inclusive, that the petroleum
refinery employer has deferred to a subsequent operational period or
turnaround. 
   (d) The division may request additional information as necessary
to perform its responsibilities in this part pursuant to Section
6314.
   (e) At the request of the division, at least 30 days before the
shutdown of a process unit or plant as part of a planned turnaround,
a petroleum refinery employer shall provide access onsite and allow
the division to review  and receive copies of, or, at the
division's discretion, submit in physical format or in electronic
format if available electronically, notification and description of
 any changes to the information or documents 
provided   reviewed by the division  pursuant to
subdivision (c) and relevant supporting documents. 
   (f) At the division's request, a petroleum refinery employer shall
provide the division with physical copies, or, at the division's
discretion, electronic copies if available, of the documentation
reviewed by the division pursuant to subdivisions (c), (d), and (e).
 
   (f) 
    (   g)  By agreement with a petroleum refinery
employer, the division may modify the reporting period as to any
individual item of information. 
   (g) 
    (   h)  This section is not intended to limit
or increase the division's authority in Part 1 (commencing with
Section 6300) to prohibit use of a place of employment, machine,
device, apparatus, or equipment or any part thereof that constitutes
an imminent hazard to employees. 
   (h) 
    (   i)  The Legislature finds and declares that
the purpose of this section is to improve the ability of the state
to conduct inspections of petroleum refining operations.
   SEC. 2.    Section 7873 is added to the  
Labor Code   , to read:  
   7873.  (a) As used in this section, "trade secret" means a trade
secret as defined in subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code, the schedule
submitted to the division pursuant to subdivision (b) of Section
7872, and any other information regarding the scheduling, duration,
and type of work to be performed during a turnaround that may provide
economic value to any person other than the petroleum refinery
employer. Upon completion of a turnaround, the dates on which that
turnaround was conducted shall no longer be considered a trade
secret.
   (b) (1) If a petroleum refinery employer believes that information
submitted to the division pursuant to Section 7872 may involve the
release of a trade secret, the petroleum refinery employer shall
nevertheless provide this information to the division. The petroleum
refinery employer may, at the time of submission, identify all or a
portion of the information submitted to the division as trade secret
and, to the extent feasible, segregate records designated as trade
secret from the other records.
   (2) Subject to subdivisions (c), (d), and (e), the division shall
protect from disclosure any information designated as a trade secret
by the petroleum refinery employer pursuant to paragraph (1).
    (c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the
petroleum refinery employer has notified the division is a trade
secret pursuant to paragraph (1) of subdivision (b), the division
shall notify the petroleum refinery employer in writing of the
request by certified mail, return receipt requested.
   (2) The division shall release the requested information to the
public 120 days or more after the petroleum refinery employer's
receipt of the notice of the request for information, unless, before
the expiration of the 120-day period, the petroleum refinery employer
files an action in an appropriate court for a declaratory judgment
that the information is subject to protection under subdivision (b),
promptly notifies the division of that action, and obtains an order
prohibiting disclosure of the information to the public.
   (3) This subdivision shall not be construed to allow a petroleum
refinery employer to refuse to disclose the information required
pursuant to this section to the division.
   (d) Except as provided in subdivision (c), any information that
has been designated as a trade secret by a petroleum refinery
employer is confidential information for purposes of this section and
shall not be released to any member of the public, except that such
information may be disclosed to other officers or employees of the
division concerned with carrying out the purposes of the division or
when relevant in any proceeding of the division. If the person
requesting the release of the information or the person who submitted
the information institutes a proceeding for injunctive or
declaratory relief or a writ of mandate to order or prohibit
disclosure of trade secret information, the person instituting the
proceeding shall name the other party as a real party in interest.
Each party shall bear its own costs and attorney's fees.
   (e) This section shall not be construed to prohibit the exchange
of properly designated trade secrets between local, state, or federal
public agencies when those trade secrets are relevant and necessary
to the exercise of their authority.
   (f) An officer or employee of the division who, by virtue of that
employment or official position, has possession of, or has access to,
confidential information, and who, knowing that disclosure of the
information to the general public is prohibited by this section,
knowingly and willfully discloses the information in any manner to a
person he or she knows is not entitled to receive it, is guilty of a
misdemeanor. A contractor with the division and an employee of the
contractor, who has been furnished information as authorized by this
section, shall be considered an employee of the division for purposes
of this section. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.