BILL NUMBER: AB 1340 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2003
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 An act to amend Sections 25354 and 25364
of 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. Existing law also permits
the commission to request additional information as necessary.
This bill would require an oil refiner, oil producer, petroleum
product transporter, petroleum product marketer, petroleum product
pipeline operator, and terminal operator , as designated by the
commission, 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.
This bill would provide that information requested to be held in
confidence shall be presumed to be confidential.
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 January 1, 2004, and each
week thereafter, an oil refiner, oil producer, petroleum product
transporter, petroleum product marketer, petroleum product pipeline
operator, and 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 1. 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 such form and extent as
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) 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.
(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
such form and extent as 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, in lieu thereof, may submit a report made to any other
governmental agency, if:
(1) The alternate report or reports contain 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 such form and extent as the commission prescribes:
(1) Monthly California weighted average prices and sales volumes
of finished leaded regular, unleaded regular, and premium motor
gasoline sold through company-operated retail outlets, to other
end-users, and to wholesale customers.
(2) Monthly California weighted average prices and sales volumes
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) Monthly California weighted average prices and sales volumes
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) Beginning the first week after the effective date of the
act that added this subdivision, and each week thereafter, 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 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.
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.
Information requested to be held in confidence shall be presumed to
be confidential.
(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) or (i) 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) or (i) 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) or (i) 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) or (i) 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 25304 or Section 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.