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.
This bill would delete the requirement thatbegin insert a person requesting the release of the above-described information, or a petroleum refinery employer seeking to prevent disclosure, name the other as a real party in interest in an applicable action. The bill would delete the requirement that a person requesting release of this information provide notice of an action to compel disclosure to the petroleum refinery employer and would instead require the division to provide that notification. The bill would instead authorize the person to intervene in a petroleum refinery employer’s declaratory relief action and require the court to permit that person to intervene. The bill would also require the court to allow the petroleum refinery employer to intervene in that action. The bill would also delete the requirement thatend insert the court award attorney’s fees.
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7873 of the Labor Code is amended to
2read:
(a) As used in this section, “trade secret” means a trade
4secret as defined in subdivision (d) of Section 6254.7 of the
5Government Code or Section 1061 of the Evidence Code, and shall
6include the schedule submitted to the division pursuant to
7subdivision (b) of Section 7872 of this code, and the scheduling,
8duration, layout, configuration, and type of work to be performed
9during a turnaround. Upon completion of a turnaround, the
10scheduling and duration of that turnaround shall no longer be
11considered a trade secret. The wages, hours, benefits, job
12classifications, and training standards for employees performing
13work for petroleum refinery employers is not a trade secret.
14(b) (1) If a petroleum refinery employer believes that
15information submitted to the division pursuant to Section 7872
16may involve the release of a trade secret, the petroleum refinery
17employer shall nevertheless provide this information to the
18division. The petroleum refinery employer may, at the time of
19submission, identify all or a portion of the information submitted
20to the division as trade secret and, to the extent feasible, segregate
21records designated as trade secret from the other records.
22(2) Subject to subdivisions (c), (d), andbegin delete (e),end deletebegin insert (g),end insert the division
23shall not release to the public any information designated as a trade
24secret by the
petroleum refinery employer pursuant to paragraph
25(1).
26(c) (1) Upon the receipt of a request for the release of
27information to the public that includes information that the
28petroleum refinery employer has notified the division is a trade
29secret pursuant to paragraph (1) of subdivision (b), the division
30shall notify the petroleum refinery employer in writing of the
31request by certified mail, return receipt requested.
P3 1(2) The division shall release the requested information to the
2public, unless both of the following occur:
3(A) Within 30 days of receipt of the notice of the request for
4information, thebegin delete refineryend delete petroleumbegin insert
refineryend insert employer files an
5action in an appropriate court for a declaratory judgment that the
6information is subject to protection under subdivision (a) and
7promptly notifies the division of that action.
8(B) Within 120 days of receipt of the notice of the request for
9information, thebegin delete refineryend delete petroleumbegin insert refineryend insert
employer obtains an
10order prohibiting disclosure of the information to the public and
11promptly notifies the division of that action.
12(3) This subdivision shall not be construed to allow a petroleum
13refinery employer to refuse to disclose the information required
14pursuant to this section to the division.
15(d) begin delete(1)end deletebegin delete end deleteExcept as provided in subdivision (c), any information
16that has been designated as a trade secret by a petroleum refinery
17employer shall not be released to any member of the public, except
18that such information may be disclosed to other officers or
19employees of the division when relevant in any proceeding
of the
20division.
21(2) If the person requesting the release of the information or the
22petroleum refinery employer files an action to order or prohibit
23disclosure of trade secret
information, the person instituting the
24proceeding shall name the person or the petroleum refinery
25employer as a real party in interest.
26(A)
end delete
27begin insert(e)end insertbegin insert end insertbegin insert(1)end insert The petroleum refinery employer filing an action
28pursuant to paragraph (2) of subdivision (c) shall provide notice
29of the action to the person requesting the release of the information
30at the same time that the defendant in the action is served.
31(B) The person filing an action to compel the release of
32information that includes information that the petroleum refinery
33employer has notified the division is a trade secret pursuant to
34paragraph (1) of subdivision (b) shall provide notice of the action
35to the petroleum refinery employer that submitted the information
36at the same time that the defendant in the action is served.
37(2) A person who has requested the release of information that
38includes information that the petroleum refinery employer has
39notified the division is a trade secret pursuant to paragraph (1)
40of subdivision (b) may intervene in an action by the petroleum
P4 1refinery employer filed pursuant to paragraph (2) of subdivision
2(c). The court shall permit that person to intervene.
3(3)
end delete
4begin insert(f)end insert The public agency shall not bear the court costs for any party
5named in litigation filed pursuant to this section.
6(e)
end delete
7begin insert(g)end insert This section shall not be construed to prohibit the exchange
8of trade secrets between local, state, or federal public agencies or
9state officials when those trade secrets are relevant and reasonably
10necessary to the exercise of their authority.
11(h) If the person requesting the release of information identified
12by a petroleum refinery employer as a trade secret files an action
13against the division to order disclosure of that information, the
14division shall promptly notify the petroleum refinery employer of
15the action. The petroleum refinery employer may intervene in an
16action filed by the person requesting the release of trade secrets
17identified by the petroleum
refinery employer. The court shall
18permit the petroleum refinery employer to intervene.
19(f)
end delete
20begin insert(i)end insert An officer or employee of the division who, by virtue of that
21employment or official position, has possession of, or has access
22to, trade secret information, and who, knowing that disclosure of
23the information to the general public is prohibited by this section,
24knowingly and willfully discloses the information in any manner
25to a person he or she knows is not entitled to receive it, is guilty
26of a misdemeanor. A contractor with the division and an employee
27of the contractor, who has
been furnished information as authorized
28by this section, shall be considered an employee of the division
29for purposes of this section.
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