BILL NUMBER: SB 421	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hancock

                        FEBRUARY 25, 2015

   An act to amend Section 7873 of the Labor Code, 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.
   This bill would delete the requirement that  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 that  the court award attorney'
s fees.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 7873 of the Labor Code is amended 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, 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), 
 (g),  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  refinery
 employer files an action in an appropriate court for a
declaratory judgment that the information is subject to protection
under subdivision (a) 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  refinery
 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) 
    (e)     (1)  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. 

   (2) A person who has requested 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) may intervene in an action by the petroleum refinery
employer filed pursuant to paragraph (2) of subdivision (c). The
court shall permit that person to intervene.  
   (3) 
    (f)  The public agency shall not bear the court costs
for any party named in litigation filed pursuant to this section.

   (e) 
    (g)  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. 
   (h) If the person requesting the release of information identified
by a petroleum refinery employer as a trade secret files an action
against the division to order disclosure of that information, the
division shall promptly notify the petroleum refinery employer of the
action. The petroleum refinery employer may intervene in an action
filed by the person requesting the release of trade secrets
identified by the petroleum refinery employer. The court shall permit
the petroleum refinery employer to intervene.  
   (f) 
    (i)  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.