Amended in Senate April 6, 2015

Senate Bill No. 421

Introduced by Senator Hancock

February 25, 2015

An act begin insert to amend Section 7873 of the Labor Code, end insert relating to refineries.

LEGISLATIVE COUNSEL’S DIGEST

SB 421, as amended, Hancock. Refineries: turnarounds.

Existing law requires a petroleum refinery employer to, every September 15, submit to the Division of Occupational Safety and Health information regarding planned turnarounds, as defined, for the following calendar year and provide onsite access to the division for inspection. Existing law establishes procedures for the public disclosure of turnaround information designated a trade secret, including authorization for a petroleum refinery employer to seek a declaratory judgment to prevent disclosure. Existing law requires a court to award attorney’s fees to a party that prevails in an action to compel or prohibit the division from disclosing turnaround information.

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This bill would state the intent of the Legislature to enact legislation that would clarify the above-described process for public disclosure of trade secret information, and ensure that a petroleum refinery employer is not authorized to collect attorney’s fees from individuals or organizations seeking those records.

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This bill would delete the requirement that the court award attorney’s fees.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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 7873 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

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, and shall
include the schedule submitted to the division pursuant to
subdivision (b) of Section 7872 of this code, and the scheduling,
duration, layout, configuration, and type of work to be performed
during a turnaround. Upon completion of a turnaround, the
scheduling and duration of that turnaround shall no longer be
considered a trade secret. The wages, hours, benefits, job
classifications, and training standards for employees performing
work for petroleum refinery employers is not 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
not release to the public 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, unless both of the following occur:

(A) Within 30 days of receipt of the notice of the request for
information, the refinery petroleum employer files an action in an
appropriate court for a declaratory judgment that the information
is subject to protection under subdivision begin delete (b) end delete begin insert (a) end insert and promptly
notifies the division of that action.

(B) Within 120 days of receipt of the notice of the request for
information, the refinery petroleum employer obtains an order
prohibiting disclosure of the information to the public and promptly
notifies the division of that action.

(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) (1) Except as provided in subdivision (c), any information
that has been designated as a trade secret by a petroleum refinery
employer 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 when relevant in any proceeding of the
division.

(2) If the person requesting the release of the information or the
petroleum refinery employer files an action to order or prohibit
disclosure of trade secret information, the person instituting the
proceeding shall name the person or the petroleum refinery
employer as a real party in interest.

(A) The petroleum refinery employer filing an action pursuant
to paragraph (2) of subdivision (c) shall provide notice of the action
to the person requesting the release of the information at the same
time that the defendant in the action is served.

(B) The person filing an action to compel the release of
information that includes information that the petroleum refinery
employer has notified the division is a trade secret pursuant to
paragraph (1) of subdivision (b) shall provide notice of the action
to the petroleum refinery employer that submitted the information
at the same time that the defendant in the action is served.

(3)  begin delete The court shall award costs and reasonable attorneys’ fees
to the party that prevails in litigation filed pursuant to this section. end delete
The public agency shall not bear the court costs for any party
named in litigation filed pursuant to this section.

(e) This section shall not be construed to prohibit the exchange
of trade secrets between local, state, or federal public agencies or
state officials when those trade secrets are relevant and reasonably
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, trade secret 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.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would clarify the public disclosure process for
petroleum refinery turnaround information required to be given to
the Division of Occupational Safety and Health, and would ensure
that this process does not authorize a petroleum refinery employer
to collect attorney’s fees from individuals or organizations seeking
those records.

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