BILL NUMBER: AB 232 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 14, 2015
INTRODUCED BY Assembly Member Mark Stone
Obernolte
( Principal coauthor: Senator
Fuller )
FEBRUARY 4, 2015
An act to 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, amend
Section 130060 of the Health and Safety Code, relating to health
facilities, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 232, as amended, Mark Stone Obernolte
. Petroleum: information reports: turnarounds and
shutdowns. Hospitals: seismic safety .
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.
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.
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.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Tehachapi.
This bill would declare that it is to take effect immediately as
an urgency statute.
(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.
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.
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.
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.
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.
Because the bill would expand the crime of perjury, it would
impose a state-mandated local program.
(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.
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.
(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.
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.
This bill would repeal the latter provisions dealing with trade
secrets.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes no .
Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130060 of the Health
and Safety Code is amended to read:
130060. (a) (1) After January 1, 2008, any
a 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.
(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).
SEC. 2. 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.
SEC. 3. 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:
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.
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.