Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Senate July 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 232

Introduced by Assembly Member begin delete Mark Stone end delete begin insert Obernolte end insert

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(Principal coauthor: Senator Fuller)

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February 4, 2015

An act to begin delete add Section 21204 to the Business and Professions Code, to repeal Section 7873 of the Labor Code, and to amend Section 25354 of, and to add Sections 25355, 25359, 25360, 25361, and 25367 to, the Public Resources Code, relating to energy resources, making an appropriation therefor, end delete begin insert amend Section 130060 of the Health and Safety Code, relating to health facilities, end insert and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 232, as amended, begin delete Mark Stone end delete   begin insert Obernolte end insert . begin delete Petroleum: information reports: turnarounds and shutdowns. end delete begin insert Hospitals: seismic safety end insert begin insert . end insert

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Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973.

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Existing law provides that, after January 1, 2008, a general acute care hospital building that is determined to be a potential risk of collapse or to pose significant loss of life in the event of seismic activity be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension under prescribed circumstances. Existing law also allows the office to grant an additional 2-year extension in specified circumstances.

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This bill would authorize a critical access hospital located in the City of Tehachapi to submit a seismic safety extension application, notwithstanding specified deadlines that are earlier than the effective date of this bill, and would require the application to include a timetable, as specified.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Tehachapi.

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This bill would declare that it is to take effect immediately as an urgency statute.

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(1) Existing law, the Petroleum Industry Information Reporting Act of 1980, requires refiners, among others, to provide periodic reports to the State Energy Resources Conservation and Development Commission containing designated information regarding petroleum supplies and price, including monthly California weighted average prices and sales volumes for specified motor fuels and oils, as specified. Existing law authorizes any person required to submit this information to request that specific information be held in confidence. The act requires the commission to gather, analyze, and interpret the reported information related to the supply and price of petroleum products and to publish at the end of each preceding quarter a summary, analysis, and interpretation of that information.

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This bill would instead require each refiner to report monthly to the commission daily prices and sales volumes at all locations in California for those specified motor fuels and oils and also the occurrence of all turnarounds, as defined, and all unplanned shutdowns, as specified. This information would not be subject to confidentiality provisions and would be subject to public disclosure within 24 hours of receipt by the commission.

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The bill would require a refiner, on or before January 1, 2017, and annually thereafter, to submit information to the commission regarding planned turnarounds for all refinery process units and plants for the following calendar year. On the date of a planned turnaround, the bill would require the commission to verify that a refiner has the amount of gasoline inventory that was previously reported to the commission and to report any discrepancy to the Attorney General and the Legislature. The bill would require a refiner to report to the commission within 24 hours of any undisclosed turnaround or unplanned shutdown and would require this report to contain specified information and be signed under penalty of perjury by an officer or director of the entity that owns the refinery. The bill would also require a refiner to report to the commission its quarterly profits from operations and the amount of annual taxes paid, as provided. The bill would require each refiner and major marketer, as defined, to report to the commission within 24 hours regarding purchases, sales, or exchanges of petroleum products measuring 2,500 barrels or more, as specified. The information submitted pursuant to these provisions would be subject to public disclosure within 24 hours of receipt by the commission.

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This bill would require the commission to publish on its Internet Web site specified information reported by a refiner, including the information described above, and aggregated information on gasoline exports, as specified. The bill would authorize the commission to charge refiners a reasonable fee to cover certain of the commission’s costs under the bill, to be deposited into the Energy Resources Programs Account and continuously appropriated to the commission for those purposes.

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Commencing on January 1, 2017, this bill would require every refiner to submit an annual inventory supply plan to the commission for review and approval. The bill would authorize the commission to require a refiner to revise its inventory supply plan or maintenance schedule in certain circumstances. The bill would require this inventory supply plan to be signed under penalty of perjury by an officer or director of the entity that owns the refinery. The bill would require the commission to impose an administrative fine, as provided, on a refiner that fails to submit and obtain approval of an inventory supply plan, fails to revise an inventory supply plan as directed by the commission, or fails to follow its approved plan. The information submitted pursuant to these provisions would be subject to public disclosure within 24 hours of receipt by the commission.

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Because the bill would expand the crime of perjury, it would impose a state-mandated local program.

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(2) Existing law makes it unlawful for certain refiners, distributors, manufacturers, and transporters of motor vehicle fuels or oils engaged in business in this state, either directly or indirectly, to engage in price discrimination, as specified. Existing law authorizes any person injured by a violation of these provisions to bring an action to recover treble damages and attorney’s fees.

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This bill would, in addition, make it unlawful for any refiner, distributor, manufacturer, or transporter of motor vehicle fuels or oils engaged in business in this state, either directly or indirectly, to knowingly engage in any act, practice, or course of business, to distort or attempt to distort, the market conditions of any motor vehicle fuels or oils, or to intentionally fail to state a material fact that distorts or is likely to distort those market conditions at a time of heightened demand. In addition to any award of damages, the bill would require a violation of these provisions to be punished by disgorgement of all moneys, property, and any proceeds derived directly or indirectly from the prohibited conduct, which would be paid by order of the court to the state and deposited into the General Fund.

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(3) Existing law requires every petroleum refinery employer to, every September 15, submit to the Division of Occupational Safety and Health a full schedule for the following calendar year of planned turnarounds, as defined.

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Existing law, except as specified, prohibits the division from releasing to the public any information submitted to the division pursuant to these provisions that is designated as a trade secret, as defined. Existing law requires 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. Existing law authorizes an employer to seek a court order prohibiting public disclosure. Existing law establishes misdemeanor penalties for knowingly and willfully disclosing these trade secrets.

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This bill would repeal the latter provisions dealing with trade secrets.

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(4) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(5) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: ²⁄₃. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 130060 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

130060.  

(a) (1) After January 1, 2008, begin delete any end delete begin insert a end insert general acute
care hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes, unless an extension of this
deadline has been granted and either of the following occurs before
the end of the extension:

(A) A replacement building has been constructed and a
certificate of occupancy has been granted by the office for the
replacement building.

(B) A retrofit has been performed on the building and a
construction final has been obtained by the office.

(2) An extension of the deadline may be granted by the office
upon a demonstration by the owner that compliance will result in
a loss of health care capacity that may not be provided by other
general acute care hospitals within a reasonable proximity. In its
request for an extension of the deadline, a hospital shall state why
the hospital is unable to comply with the January 1, 2008, deadline
requirement.

(3) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:

(A) Provide public notice of a hospital’s request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office’s Internet Web site, and shall include the facility’s name
and identification number, the status of the request, and the
beginning and ending dates of the comment period, and shall advise
the public of the opportunity to submit public comments pursuant
to subparagraph (C). The office shall also provide notice of all
requests for the deadline extension directly to interested parties
upon request of the interested parties.

(B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies
shall include those records that are available to the public pursuant
to the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government
Code).

(C) Allow the public to submit written comments on the
extension proposal for a period of not less than 45 days from the
date of the public notice.

(b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out
of service more quickly.

(2) The functional contiguous grouping of hospital buildings of
a general acute care hospital, each of which provides, as the
primary source, one or more of the hospital’s eight basic services
as specified in subdivision (a) of Section 1250, may receive a
five-year extension of the January 1, 2008, deadline specified in
subdivision (a) of this section pursuant to this subdivision for both
structural and nonstructural requirements. A functional contiguous
grouping refers to buildings containing one or more basic hospital
services that are either attached or connected in a way that is
acceptable to the State Department of Health Care Services. These
buildings may be either on the existing site or a new site.

(3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained
a building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance
Category-1 (SPC-1) building. The classification shall be submitted
to and accepted by the Office of Statewide Health Planning and
Development. The identified hospital building shall be exempt
from the requirement in subdivision (a) until January 1, 2013, if
the hospital agrees that the basic service or services that were
provided in that building shall be provided, on or before January
1, 2013, as follows:

(A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4),
or Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.

(B) Relocated to a newly built compliant SPC-5 and NPC-4 or
NPC-5 building.

(C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.

(4) A five-year extension is also provided to a post-1973
building if the hospital owner informs the Office of Statewide
Health Planning and Development that the building is classified
as SPC-1, SPC-3, or SPC-4 and will be closed to general acute
care inpatient service use by January 1, 2013. The basic services
in the building shall be relocated into a SPC-5 and NPC-4 or NPC-5
building by January 1, 2013.

(5) SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013,
at a minimum, each of these buildings shall be retrofitted to a
SPC-2 and NPC-3 building, or no longer be used for general acute
care hospital inpatient services.

(c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall
be required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.

(d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.

(e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office
shall send a written notice of violation to hospital owners that fail
to comply with this section. The office shall make copies of these
notices available on its Internet Web site.

(f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivision (a) or (b) may request
an additional extension of up to two years for a hospital building
that it owns or operates and that meets the criteria specified in
paragraph (2), (3), or (5).

(2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following criteria:

(A) The hospital building is under construction at the time of
the request for extension under this subdivision and the purpose
of the construction is to meet the requirements of subdivision (a)
to allow the use of the building as a general acute care hospital
building after the extension deadline granted by the office pursuant
to subdivision (a) or (b).

(B) The hospital building plans were submitted to the office
and were deemed ready for review by the office at least four years
prior to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.

(C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.

(D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital’s intent to meet the applicable deadline. The timeline
shall include all of the following:

(i) The projected construction start date.

(ii) The projected construction completion date.

(iii) Identification of the contractor.

(E) The hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D), but factors beyond the
hospital’s control make it impossible for the hospital to meet the
deadline.

(3) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following criteria:

(A) The hospital building is owned by a health care district that
has, as owner, received the extension of the January 1, 2008,
deadline, but where the hospital is operated by an unaffiliated
third-party lessee pursuant to a facility lease that extends at least
through December 31, 2009. The district shall file a declaration
with the office with a request for an extension stating that, as of
the date of the filing, the district has lacked, and continues to lack,
unrestricted access to the subject hospital building for seismic
planning purposes during the term of the lease, and that the district
is under contract with the county to maintain hospital services
when the hospital comes under district control. The office shall
not grant the extension if an unaffiliated third-party lessee will
operate the hospital beyond December 31, 2010.

(B) The hospital building plans were submitted to the office
and were deemed ready for review by the office at least four years
prior to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.

(C) The hospital received a building permit for the construction
described in subparagraph (B) by December 31, 2011.

(D) The hospital submitted, by December 31, 2011, a
construction timeline for the building demonstrating the hospital’s
intent and ability to meet the deadline of December 31, 2014. The
timeline shall include all of the following:

(i) The projected construction start date.

(ii) The projected construction completion date.

(iii) Identification of the contractor.

(E) The hospital building is under construction at the time of
the request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the extension
deadline granted by the office pursuant to subdivision (a) or (b),
and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).

(F) The hospital granted an extension pursuant to this paragraph
shall submit an additional status report to the office, equivalent to
that required by subdivision (c) of Section 130061, no later than
June 30, 2013.

(4) An extension granted pursuant to paragraph (3) shall be
applicable only to the health care district applicant and its affiliated
hospital while the hospital is operated by the district or an entity
under the control of the district.

(5) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following criteria:

(A) The hospital owner submitted to the office, prior to June
30, 2009, a request for review using current computer modeling
utilized by the office and based upon software developed by the
Federal Emergency Management Agency (FEMA), referred to as
Hazards US, and the building was deemed SPC-1 after that review.

(B) The hospital building plans for the building are submitted
to the office and deemed ready for review by the office prior to
July 1, 2010. The hospital shall indicate, upon submission of its
plans, the SPC-1 building or buildings that shall be retrofitted or
replaced to meet the requirements of this section as a result of the
project.

(C) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2012.

(D) The hospital submits, prior to January 1, 2012, a
construction timeline for the building demonstrating the hospital’s
intent and ability to meet the applicable deadline. The timeline
shall include all of the following:

(i) The projected construction start date.

(ii) The projected construction completion date.

(iii) Identification of the contractor.

(E) The hospital building is under construction at the time of
the request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the extension
deadline granted by the office pursuant to subdivision (a) or (b),
and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).

(F) The hospital owner completes construction such that the
hospital meets all criteria to enable the office to issue a certificate
of occupancy by the applicable deadline for the building.

(6) A hospital located in the County of Sacramento, San Mateo,
or Santa Barbara or the City of San Jose or the City of Willits that
has received an additional extension pursuant to paragraph (2) or
(5) may request an additional extension until September 1, 2015,
to obtain either a certificate of occupancy from the office for a
replacement building, or a construction final from the office for a
building on which a retrofit has been performed.

(7) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.

(8) The office may revoke an extension granted pursuant to this
subdivision for any hospital building where the work of
construction is abandoned or suspended for a period of at least one
year, unless the hospital demonstrates in a public document that
the abandonment or suspension was caused by factors beyond its
control.

(g) (1) Notwithstanding subdivisions (a), (b), (c), and (f), and
Sections 130061.5 and 130064, a hospital that has received an
extension of the January 1, 2008, deadline pursuant to subdivision
(a) or (b) also may request an additional extension of up to seven
years for a hospital building that it owns or operates. The office
may grant the extension subject to the hospital meeting the
milestones set forth in paragraph (2).

(2) The hospital building subject to the extension shall meet all
of the following milestones, unless the hospital building is
reclassified as SPC-2 or higher as a result of its Hazards US score:

(A) The hospital owner submits to the office, no later than
September 30, 2012, a letter of intent stating whether it intends to
rebuild, replace, or retrofit the building, or remove all general acute
care beds and services from the building, and the amount of time
necessary to complete the construction.

(B) The hospital owner submits to the office, no later than
September 30, 2012, a schedule detailing why the requested
extension is necessary, and specifically how the hospital intends
to meet the requested deadline.

(C) The hospital owner submits to the office, no later than
September 30, 2012, an application ready for review seeking
structural reassessment of each of its SPC-1 buildings using current
computer modeling based upon software developed by FEMA,
referred to as Hazards US.

(D) The hospital owner submits to the office, no later than
January 1, 2015, plans ready for review consistent with the letter
of intent submitted pursuant to subparagraph (A) and the schedule
submitted pursuant to subparagraph (B).

(E) The hospital owner submits a financial report to the office
at the time the plans are submitted pursuant to subparagraph (D).
The report shall demonstrate the hospital owner’s financial capacity
to implement the construction plans submitted pursuant to
subparagraph (D).

(F) The hospital owner receives a building permit consistent
with the letter of intent submitted pursuant to subparagraph (A)
and the schedule submitted pursuant to subparagraph (B), no later
than July 1, 2018.

(3) To evaluate public safety and determine whether to grant
an extension of the deadline, the office shall consider the structural
integrity of the hospital’s SPC-1 buildings based on its Hazards
US scores, community access to essential hospital services, and
the hospital owner’s financial capacity to meet the deadline as
determined by either a bond rating of BBB or below or the financial
report on the hospital owner’s financial capacity submitted pursuant
to subparagraph (E) of paragraph (2). The criteria contained in this
paragraph shall be considered by the office in its determination of
the length of an extension or whether an extension should be
granted.

(4) The extension or subsequent adjustments granted pursuant
to this subdivision may not exceed the amount of time that is
reasonably necessary to complete the construction specified in
paragraph (2).

(5) If the circumstances underlying the request for extension
submitted to the office pursuant to paragraph (2) change, the
hospital owner shall notify the office as soon as practicable, but
in no event later than six months after the hospital owner
discovered the change of circumstances. The office may adjust the
length of the extension granted pursuant to paragraphs (2) and (3)
as necessary, but in no event longer than the period specified in
paragraph (1).

(6) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.

(7) The office may revoke an extension granted pursuant to this
subdivision for any hospital building when it is determined that
any information submitted pursuant to this section was falsified,
or if the hospital failed to meet a milestone set forth in paragraph
(2), or where the work of construction is abandoned or suspended
for a period of at least six months, unless the hospital demonstrates
in a publicly available document that the abandonment or
suspension was caused by factors beyond its control.

(8) Regulatory submissions made by the office to the California
Building Standards Commission to implement this section shall
be deemed to be emergency regulations and shall be adopted as
emergency regulations.

(9) The hospital owner that applies for an extension pursuant
to this subdivision shall pay the office an additional fee, to be
determined by the office, sufficient to cover the additional
reasonable costs incurred by the office for maintaining the
additional reporting requirements established under this section,
including, but not limited to, the costs of reviewing and verifying
the extension documentation submitted pursuant to this subdivision.
This additional fee shall not include any cost for review of the
plans or other duties related to receiving a building or occupancy
permit.

(10) This subdivision shall become operative on the date that
the State Department of Health Care Services receives all necessary
federal approvals for a 2011-12 fiscal year hospital quality
assurance fee program that includes three hundred twenty million
dollars ($320,000,000) in fee revenue to pay for health care
coverage for children, which is made available as a result of the
legislative enactment of a 2011-12 fiscal year hospital quality
assurance fee program.

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(h) A critical access hospital located in the City of Tehachapi
may submit a seismic safety extension application pursuant to
subdivision (g), notwithstanding deadlines in that subdivision that
are earlier than the effective date of the act that added this
subdivision. The submitted application shall include a timetable
as required pursuant to subdivision (g).

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begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the special circumstances in the City of
Tehachapi relating to access to critical health care services.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

To prevent the loss of hospital licensure and Medicaid and
Medicare funding that would lead to closure of a critical access
hospital and a loss of access to health care in the City of
Tehachapi, it is necessary for this act to take effect immediately.

end insert

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SECTION 1.  

This act shall be known and may be cited as the
Open the Books Act of 2016.

SEC. 2.  

Section 21204 is added to the Business and Professions
Code, to read:

21204.  

(a) Notwithstanding Section 21201, it shall be unlawful
for any refiner, distributor, manufacturer, or transporter of motor
vehicle fuels or oils engaged in business in this state, either directly
or indirectly, to do either of the following:

(1) Knowingly engage in any act, practice, or course of business,
including the making of any untrue statement of material fact, for
purposes of distorting, or attempting to distort, the market
conditions of any motor vehicle fuels or oils.

(2) Intentionally fail to state a material fact that under the
circumstances renders a statement made by the refiner, distributor,
manufacturer, or transporter misleading, provided that the omission
distorts or is likely to distort market conditions for any motor
vehicle fuels or oils.

(b) This section shall be liberally construed to apply to acts that,
among other things, are taken for the purpose of manipulating, or
attempting to manipulate, the price of motor vehicle fuels or oils,
including, but not limited to, unnecessarily reducing the supply or
availability of those products at a time of heightened demand.

(c) Any person injured by a violation of this section may bring
an action for the recovery of damages pursuant to Section 21202.

(d) In addition to any award of damages, a violation of this
section shall be punished by disgorgement of all moneys, property
or property interests, and any proceeds traceable thereto, that were
derived directly or indirectly from conduct prohibited by this
section, or acquired or maintained directly or indirectly through
conduct prohibited by this section. All moneys and proceeds from
property ordered disgorged pursuant to this subdivision shall be
paid by order of the court to the state and deposited into the General
Fund.

SEC. 3.  

Section 7873 of the Labor Code is repealed.

SEC. 4.  

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 to the
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)  (A)  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.

(B) Refiners shall also report, for each of their refineries, the
occurrence of all turnarounds within the meaning of Section 7872
of the Labor Code and all unplanned shutdowns. The information
reported pursuant to this paragraph shall include any changes to
the information reported pursuant to Section 25355, including any
changes to the scope or duration of any turnaround or unplanned
shutdown and an explanation of the cause or causes of the change.

(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 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. 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, 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.

(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 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 person required to submit information or data under
this chapter, instead, may submit a report made to any other
governmental agency, if:

(1) The alternate report contains 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 the form and to the extent that the commission
prescribes:

(1)  Daily prices and sales volumes at all locations in California
for finished leaded regular, unleaded regular, and premium motor
gasoline sold through company-operated retail outlets, to other
end-users, and to wholesale customers, including, but not limited
to, the dealer tank wagon price or rack zone pricing.

(2)  Daily prices and sales volumes at all locations in California
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.

(3)  Daily prices and sales volumes at all locations in California
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.

(i) (1)  An oil refiner, oil producer, petroleum product
transporter, petroleum product marketer, petroleum product
pipeline operator, and terminal operator, as designated by the
commission, shall submit a weekly 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 and inventory levels of crude oil and petroleum
products at each refinery and terminal location.

(B) Amount of gasoline, diesel, jet fuel, blending components,
and other petroleum products imported and exported.

(C) Amount of gasoline, diesel, jet fuel, blending components,
and other petroleum products transported intrastate by marine
vessel.

(D) Amount of crude oil imported, including information
identifying the source of the crude oil.

(E) The regional average of invoiced retailer buying price. This
subparagraph does not either preclude or augment the current
authority of the commission to collect additional data under
subdivision (f).

(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) Notwithstanding Section 25364 or any other law, information
reported under subparagraph (B) of paragraph (1) of subdivision
(a) or under subdivision (h) shall be subject to public disclosure
within 24 hours of receipt by the commission.

SEC. 5.  

Section 25355 is added to the Public Resources Code,
to read:

25355.  

(a) On or before January 1, 2017, and on or before
January 1 annually thereafter, a refiner shall submit to the
commission information on both of the following in the form and
to the extent that the commission prescribes:

(1) A full schedule of all planned turnarounds for all refinery
process units or plants for the following calendar year and a
description of the scope and expected duration of each turnaround.

(2) The amount of gasoline inventory anticipated in advance of
each planned turnaround at each refinery process unit or plant.

(b) A refiner shall report to the commission within 24 hours of
any turnaround not previously disclosed under subdivision (a) or
any unplanned shutdown that occurs in a refinery process unit or
plant. The report shall be in the form that the commission
prescribes and shall include a description of the refinery process
unit or plant involved in the shutdown, the expected duration of
the shutdown, and the reasons for the shutdown. The report shall
be signed under penalty of perjury by an officer or director of the
entity that owns the refinery.

(c) For purposes of this section, “turnaround” has the same
meaning as defined in Section 7872 of the Labor Code.

(d) Notwithstanding any other law, information reported under
this section shall be subject to public disclosure within 24 hours
of receipt by the commission.

SEC. 6.  

Section 25359 is added to the Public Resources Code,
to read:

25359.  

(a) Notwithstanding any law, each refiner shall report
to the commission, within seven days of the refiner’s most recent
quarterly report to shareholders, in the form and to the extent the
commission prescribes, the amount of profits the refiner generated
from the operations of its refineries operating in this state during
the period covered by the quarterly report to shareholders.

(b) Notwithstanding any other law, each refiner shall report to
the commission, within seven days of each annual report by the
refiner to shareholders, in the form and to the extent the
commission prescribes, the amount of taxes the refiner paid to this
state in the most recent tax year.

(c) Notwithstanding any other law, information reported under
this section shall be subject to public disclosure within 24 hours
of receipt by the commission.

SEC. 7.  

Section 25360 is added to the Public Resources Code,
to read:

25360.  

(a) Notwithstanding any law, each refiner and major
marketer shall report to the commission information regarding all
purchases, sales, or exchanges of petroleum products measuring
2,500 barrels or above in this state within 24 hours of each
transaction. For each transaction of this type, the refiner or major
marketer shall submit to the commission all of the following
information in the form and to the extent that the commission
prescribes:

(1) The type of product traded.

(2) All parties involved in the transaction.

(3) The location of the product at the time of transaction.

(4) The terms of the transaction.

(5) The means of transportation.

(b) Notwithstanding any other law, information reported under
this section shall be subject to public disclosure within 24 hours
of receipt by the commission.

(c) For purposes of this section, and notwithstanding Section
25126, “major marketer” means a person who sells at least 2,500
barrels of oil per calendar year, or a person who sells an amount
less than 2,500 barrels of oil per calendar year that the commission
determines has a major effect on energy supplies.

SEC. 8.  

Section 25361 is added to the Public Resources Code,
to read:

25361.  

(a) Notwithstanding Section 25364 or any other law,
the commission shall publish on its Internet Web site the
information submitted pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) of Section 25354, and Sections 25355, 25359,
and 25360.

(b) The commission shall publish on its Internet Web site on a
monthly basis both of the following:

(1) Aggregated information on gasoline exports, including the
destination of those exports.

(2) Information submitted pursuant to subdivision (h) of Section
25354 in the aggregate and in detail by refinery.

(c) On the date of a planned turnaround, the commission shall
verify that a refiner has the amount of gasoline inventory that was
reported pursuant to paragraph (2) of subdivision (a) of Section
25355. The commission shall report any discrepancy between the
reported amount and actual amount of gasoline inventory to the
Attorney General and to the Legislature.

(d) The commission may charge and collect from refiners a
reasonable fee to cover the cost of performing its duties required
by this section. Moneys received by the commission pursuant to
this subdivision shall be deposited in the Energy Resources
Programs Account and, notwithstanding Section 13340 of the
Government Code, are continuously appropriated for expenditure
by the commission for purposes of performing those duties.

SEC. 9.  

Section 25367 is added to the Public Resources Code,
to read:

25367.  

(a) Commencing on January 1, 2017, and each year
thereafter, every refiner shall submit an annual inventory supply
plan to the commission for review and approval. The plan shall
be in the form and contain the information required by the
commission and, at a minimum, shall include all of the following:

(1) A description of how the refiner will ensure a sufficient
inventory to meet anticipated demand, based on the previous year’s
consumption, including through reserves, imports, trades, or other
arrangements that will allow the necessary supply to come to
market.

(2) The minimum working inventory the refiner plans to keep
on hand, averaged on a monthly basis for each month of the year,
which will comport with demand projection and production
schedules.

(3) A crisis plan detailing the refiner’s planned response for
dealing with unplanned outages at each of its refineries, and
including a contingency production, import, strategic inventory,
or trading plan to ensure adequate supplies to meet monthly
demand.

(b) The commission shall only approve a refiner’s inventory
supply plan if the commission is satisfied that the plan sets forth
sufficient arrangements to ensure a sufficient inventory to meet
annual demand. The commission may, at any time, require a refiner
to revise its inventory supply plan or maintenance schedule if the
commission determines that the contents of the plan or schedule
do not provide adequate arrangements to ensure a sufficient
inventory or production to meet demand.

(c) The commission shall, upon notice and hearing consistent
with due process, impose an administrative fine on a refiner that
fails to submit and obtain approval of an inventory supply plan as
required by this section, fails to revise an inventory supply plan
as directed by the commission, or fails to follow its approved plan.
The amount of the administrative fine shall be not less than fifty
thousand dollars ($50,000) and not more than one million dollars
($1,000,000) per day during which the refiner operates without an
approved inventory supply plan or does not follow its approved
plan. In assessing the fine, the commission shall take into account
the intentionality and severity of the refiner’s action.

(d) The inventory supply plan submitted pursuant to subdivision
(a) shall be signed under penalty of perjury by an officer or director
of the entity that owns the refiner.

(e) Notwithstanding any other law, information reported under
this section shall be subject to public disclosure within 24 hours
of receipt by the commission.

SEC. 10.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 11.  

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.

SEC. 12.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to provide consumers transparency at a time when oil
prices are at an historic low and the difference between those prices
and gas prices is at an historic high, it is necessary that this act
take effect immediately.

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