BILL NUMBER: AB 1340 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2003
AMENDED IN SENATE JUNE 17, 2003
AMENDED IN ASSEMBLY APRIL 9, 2003
INTRODUCED BY Assembly Member Kehoe
FEBRUARY 21, 2003
An act to amend Section 25364 of, and to add Section
25355 to , the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1340, as amended, Kehoe. Petroleum: information reports.
Existing law establishes the State Energy Resources Conservation
and Development Commission in the Resources Agency, and specifies the
powers and duties of the commission with respect to energy resources
in the state. Existing law requires major oil producers, refiners,
major marketers, major oil transporters, and major oil storers to
supply to the commission each month certain designated information
regarding petroleum supplies, as specified. Existing law permits
any person required to submit this information to request that
specific information be held in confidence.
This bill would require an oil refiner, oil producer, petroleum
product transporter, petroleum product marketer, petroleum product
pipeline operator, and storage facility
terminal operator to submit a report to the energy commission
each week providing information, as required by the energy commission
relating to receipts, inventory levels, imports, exports,
transportation, sources, and prices. The bill would also permit
any person required to submit this information to the commission to
request that specific information be held in confidence.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25355 is added to the Public Resources Code, to
read:
25355. Beginning the first week after the effective date
of this section January 1, 2004, and each week
thereafter, an oil refiner, oil producer, petroleum product
transporter, petroleum product marketer, petroleum product pipeline
operator, and storage facility terminal
operator shall submit a report to the commission in the form and
extent as the commission prescribes pursuant to this section. A
report may include, but is not limited to, 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) Dealer tank wagon prices, that is, net dealer buying prices.
SEC. 2. Section 25364 of the Public Resources Code is amended to
read:
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 or 25355 may request
that specific information be held in confidence.
(b) Information presented to the commission pursuant to Section
25354 or 25355 shall be held in confidence by the
commission or aggregated to the extent necessary to assure
confidentiality if public disclosure of the specific information or
data would result in unfair competitive disadvantage to the person
supplying the information.
(c) (1) Whenever the commission receives a request to publicly
disclose unaggregated information, or otherwise proposes to publicly
disclose information submitted pursuant to Section 25354 or
25355 , notice of the request or proposal shall be provided to
the person submitting the information. The notice shall indicate the
form in which the information is to be released. Upon receipt of
notice, the person submitting the information shall have 10 working
days in which to respond to the notice to justify the claim of
confidentiality on each specific item of information covered by the
notice on the basis that public disclosure of the specific
information would result in unfair competitive disadvantage to the
person supplying the information.
(2) The commission shall consider the respondent's submittal in
determining whether to publicly disclose the information submitted to
it to which a claim of confidentiality is made. The commission
shall issue a written decision which sets forth its reasons for
making the determination whether each item of information for which a
claim of confidentiality is made shall remain confidential or shall
be publicly disclosed.
(d) The commission shall not make public disclosure of information
submitted to it pursuant to Section 25354 or 25355 within
10 working days after the commission has issued its written decision
required in this section.
(e) No information submitted to the commission pursuant to Section
25354 or 25355 shall be deemed confidential if the person
submitting the information or data has made it public.
(f) With respect to petroleum products and blendstocks reported by
type pursuant to paragraph (1) or (2) of subdivision (a) of Section
25354 and , information provided
pursuant to subdivision (h) of Section 25354, or information
provided pursuant to Section 25355, neither the commission nor
any employee of the commission may do any of the following:
(1) Use the information furnished under paragraph (1) or (2) of
subdivision (a) of Section 25354 or ,
under subdivision (h) of Section 25354 , or under Section 25355
for any purpose other than the statistical purposes for which
it is supplied.
(2) Make any publication whereby the information furnished by any
particular establishment or individual under paragraph (1) or (2) of
subdivision (a) of Section 25354 or ,
under subdivision (h) of Section 25354 , or under Section 25355
can be identified.
(3) Permit anyone other than commission members and employees of
the commission to examine the individual reports provided under
paragraph (1) or (2) of subdivision (a) of Section 25354 or
, under subdivision (h) of Section 25354 ,
or under Section 25355 .
(g) Notwithstanding any other provision of law, the commission may
disclose confidential information received pursuant to subdivision
(a) of Section 25310.4 or Section 25304 or
25354 to the State Air Resources Board if the state board
agrees to keep the information confidential. With respect to the
information it receives, the state board shall be subject to all
pertinent provisions of this section.