25350. (a) The Legislature finds and declares that the petroleum
industry is an essential element of the California economy and is
therefore of vital importance to the health and welfare of all
Californians.
(b) The Legislature further finds and declares that a complete and
thorough understanding of the operations of the petroleum industry
is required by state government at all times to enable it to respond
to possible shortages, oversupplies, or other disruptions and to
assess whether all consumers, including emergency service agencies,
state and local government agencies, and agricultural and business
consumers of petroleum products have adequate and economic supplies
of fuel.
(c) The Legislature further finds and declares that information
and data concerning all aspects of the petroleum industry, including,
but not limited to, crude oil production, production and supplies of
finished branded and unbranded gasoline, supplies of diesel fuel and
other distillates, supplies of blendstocks used to make gasoline and
other refined products, refining, product output, exports of
finished gasoline, diesel fuel, and blendstocks, prices,
distribution, demand, and investment choices and decisions are
essential for the state to develop and administer energy policies
that are in the interest of the state's economy and the public's
well-being.
25352. This chapter shall be known and may be cited as the
Petroleum Industry Information Reporting Act of 1980.
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.
25356. (a) The commission, utilizing its own staff and other
support staff having expertise and experience in, or with, the
petroleum industry, shall gather, analyze, and interpret the
information submitted to it pursuant to Section 25354 and other
information relating to the supply and price of petroleum products,
with particular emphasis on motor vehicle fuels, including, but not
limited to, all of the following:
(1) The nature, cause, and extent of any petroleum or petroleum
products shortage or condition affecting supply.
(2) The economic and environmental impacts of any petroleum and
petroleum product shortage or condition affecting supply.
(3) Petroleum or petroleum product demand and supply forecasting
methodologies utilized by the petroleum industry in California.
(4) The prices, with particular emphasis on retail motor fuel
prices, including sales to unbranded retail markets, and any
significant changes in prices charged by the petroleum industry for
petroleum or petroleum products sold in California and the reasons
for those changes.
(5) The profits, both before and after taxes, of the industry as a
whole and of major firms within it, including a comparison with
other major industry groups and major firms within them as to
profits, return on equity and capital, and price-earnings ratio.
(6) The emerging trends relating to supply, demand, and
conservation of petroleum and petroleum products.
(7) The nature and extent of efforts of the petroleum industry to
expand refinery capacity and to make acquisitions of additional
supplies of petroleum and petroleum products, including activities
relative to the exploration, development, and extraction of resources
within the state.
(8) The development of a petroleum and petroleum products
information system in a manner that will enable the state to take
action to meet and mitigate any petroleum or petroleum products
shortage or condition affecting supply.
(b) The commission shall analyze the impacts of state and federal
policies and regulations upon the supply and pricing of petroleum
products.
25357. The commission shall obtain and analyze monthly production
reports prepared by the State Oil and Gas Supervisor pursuant to
Section 3227.
25358. (a) Within 70 days after the end of each preceding quarter
of each calendar year, the commission shall publish and submit to the
Governor and the Legislature a summary, an analysis, and an
interpretation of the information submitted to it pursuant to Section
25354 and information reviewed pursuant to Section 25357. This
report shall be separate from the report submitted pursuant to
Section 25322. Any person may submit comments in writing regarding
the accuracy or sufficiency of the information submitted.
(b) The commission shall prepare a biennial assessment of the
information provided pursuant to this chapter and shall include its
assessment in the biennial fuels report prepared pursuant to Section
25310.
(c) The commission may use reasonable means necessary and
available to it to seek and obtain any facts, figures, and other
information from any source for the purpose of preparing and
providing reports to the Governor and the Legislature. The commission
shall specifically include in the reports its analysis of any
unsuccessful attempts in obtaining information from potential
sources, including the lack of cooperation or refusal to provide
information.
(d) Whenever the commission fails to provide any report required
pursuant to this section within the specified time, it shall provide
to all members of the Legislature, within five days of the specified
time, a detailed written explanation of the cause of any delay.
25362. (a) The commission shall notify those persons who have
failed to timely provide the information specified in Section 25354.
If, within five days after being notified of the failure to provide
the specified information, the person fails to supply the specified
information, the person shall be subject to a civil penalty of not
less than five hundred dollars ($500) nor more than two thousand
dollars ($2,000) per day for each day the submission of information
is refused or delayed, unless the person has timely filed objections
with the commission regarding the information and the commission has
not yet held a hearing on the matter, or the commission has held a
hearing and the person has properly submitted the issue to a court of
competent jurisdiction for review.
(b) Any person who willfully makes any false statement,
representation, or certification in any record, report, plan, or
other document filed with the commission shall be subject to a civil
penalty not to exceed two thousand dollars ($2,000).
(c) For the purposes of this section, the term "person" shall
mean, in addition to the definition contained in Section 25116, any
responsible corporate officer.
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 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 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, 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 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 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, 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 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 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.
(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.
25366. Any confidential information pertinent to the
responsibilities of the commission specified in this division which
is obtained by another state agency shall be available to the
commission and shall be treated in a confidential manner.
25350. (a) The Legislature finds and declares that the petroleum
industry is an essential element of the California economy and is
therefore of vital importance to the health and welfare of all
Californians.
(b) The Legislature further finds and declares that a complete and
thorough understanding of the operations of the petroleum industry
is required by state government at all times to enable it to respond
to possible shortages, oversupplies, or other disruptions and to
assess whether all consumers, including emergency service agencies,
state and local government agencies, and agricultural and business
consumers of petroleum products have adequate and economic supplies
of fuel.
(c) The Legislature further finds and declares that information
and data concerning all aspects of the petroleum industry, including,
but not limited to, crude oil production, production and supplies of
finished branded and unbranded gasoline, supplies of diesel fuel and
other distillates, supplies of blendstocks used to make gasoline and
other refined products, refining, product output, exports of
finished gasoline, diesel fuel, and blendstocks, prices,
distribution, demand, and investment choices and decisions are
essential for the state to develop and administer energy policies
that are in the interest of the state's economy and the public's
well-being.
25352. This chapter shall be known and may be cited as the
Petroleum Industry Information Reporting Act of 1980.
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.
25356. (a) The commission, utilizing its own staff and other
support staff having expertise and experience in, or with, the
petroleum industry, shall gather, analyze, and interpret the
information submitted to it pursuant to Section 25354 and other
information relating to the supply and price of petroleum products,
with particular emphasis on motor vehicle fuels, including, but not
limited to, all of the following:
(1) The nature, cause, and extent of any petroleum or petroleum
products shortage or condition affecting supply.
(2) The economic and environmental impacts of any petroleum and
petroleum product shortage or condition affecting supply.
(3) Petroleum or petroleum product demand and supply forecasting
methodologies utilized by the petroleum industry in California.
(4) The prices, with particular emphasis on retail motor fuel
prices, including sales to unbranded retail markets, and any
significant changes in prices charged by the petroleum industry for
petroleum or petroleum products sold in California and the reasons
for those changes.
(5) The profits, both before and after taxes, of the industry as a
whole and of major firms within it, including a comparison with
other major industry groups and major firms within them as to
profits, return on equity and capital, and price-earnings ratio.
(6) The emerging trends relating to supply, demand, and
conservation of petroleum and petroleum products.
(7) The nature and extent of efforts of the petroleum industry to
expand refinery capacity and to make acquisitions of additional
supplies of petroleum and petroleum products, including activities
relative to the exploration, development, and extraction of resources
within the state.
(8) The development of a petroleum and petroleum products
information system in a manner that will enable the state to take
action to meet and mitigate any petroleum or petroleum products
shortage or condition affecting supply.
(b) The commission shall analyze the impacts of state and federal
policies and regulations upon the supply and pricing of petroleum
products.
25357. The commission shall obtain and analyze monthly production
reports prepared by the State Oil and Gas Supervisor pursuant to
Section 3227.
25358. (a) Within 70 days after the end of each preceding quarter
of each calendar year, the commission shall publish and submit to the
Governor and the Legislature a summary, an analysis, and an
interpretation of the information submitted to it pursuant to Section
25354 and information reviewed pursuant to Section 25357. This
report shall be separate from the report submitted pursuant to
Section 25322. Any person may submit comments in writing regarding
the accuracy or sufficiency of the information submitted.
(b) The commission shall prepare a biennial assessment of the
information provided pursuant to this chapter and shall include its
assessment in the biennial fuels report prepared pursuant to Section
25310.
(c) The commission may use reasonable means necessary and
available to it to seek and obtain any facts, figures, and other
information from any source for the purpose of preparing and
providing reports to the Governor and the Legislature. The commission
shall specifically include in the reports its analysis of any
unsuccessful attempts in obtaining information from potential
sources, including the lack of cooperation or refusal to provide
information.
(d) Whenever the commission fails to provide any report required
pursuant to this section within the specified time, it shall provide
to all members of the Legislature, within five days of the specified
time, a detailed written explanation of the cause of any delay.
25362. (a) The commission shall notify those persons who have
failed to timely provide the information specified in Section 25354.
If, within five days after being notified of the failure to provide
the specified information, the person fails to supply the specified
information, the person shall be subject to a civil penalty of not
less than five hundred dollars ($500) nor more than two thousand
dollars ($2,000) per day for each day the submission of information
is refused or delayed, unless the person has timely filed objections
with the commission regarding the information and the commission has
not yet held a hearing on the matter, or the commission has held a
hearing and the person has properly submitted the issue to a court of
competent jurisdiction for review.
(b) Any person who willfully makes any false statement,
representation, or certification in any record, report, plan, or
other document filed with the commission shall be subject to a civil
penalty not to exceed two thousand dollars ($2,000).
(c) For the purposes of this section, the term "person" shall
mean, in addition to the definition contained in Section 25116, any
responsible corporate officer.
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 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 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, 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 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 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, 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 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 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.
(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.
25366. Any confidential information pertinent to the
responsibilities of the commission specified in this division which
is obtained by another state agency shall be available to the
commission and shall be treated in a confidential manner.
25350. (a) The Legislature finds and declares that the petroleum
industry is an essential element of the California economy and is
therefore of vital importance to the health and welfare of all
Californians.
(b) The Legislature further finds and declares that a complete and
thorough understanding of the operations of the petroleum industry
is required by state government at all times to enable it to respond
to possible shortages, oversupplies, or other disruptions and to
assess whether all consumers, including emergency service agencies,
state and local government agencies, and agricultural and business
consumers of petroleum products have adequate and economic supplies
of fuel.
(c) The Legislature further finds and declares that information
and data concerning all aspects of the petroleum industry, including,
but not limited to, crude oil production, production and supplies of
finished branded and unbranded gasoline, supplies of diesel fuel and
other distillates, supplies of blendstocks used to make gasoline and
other refined products, refining, product output, exports of
finished gasoline, diesel fuel, and blendstocks, prices,
distribution, demand, and investment choices and decisions are
essential for the state to develop and administer energy policies
that are in the interest of the state's economy and the public's
well-being.
25352. This chapter shall be known and may be cited as the
Petroleum Industry Information Reporting Act of 1980.
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.
25356. (a) The commission, utilizing its own staff and other
support staff having expertise and experience in, or with, the
petroleum industry, shall gather, analyze, and interpret the
information submitted to it pursuant to Section 25354 and other
information relating to the supply and price of petroleum products,
with particular emphasis on motor vehicle fuels, including, but not
limited to, all of the following:
(1) The nature, cause, and extent of any petroleum or petroleum
products shortage or condition affecting supply.
(2) The economic and environmental impacts of any petroleum and
petroleum product shortage or condition affecting supply.
(3) Petroleum or petroleum product demand and supply forecasting
methodologies utilized by the petroleum industry in California.
(4) The prices, with particular emphasis on retail motor fuel
prices, including sales to unbranded retail markets, and any
significant changes in prices charged by the petroleum industry for
petroleum or petroleum products sold in California and the reasons
for those changes.
(5) The profits, both before and after taxes, of the industry as a
whole and of major firms within it, including a comparison with
other major industry groups and major firms within them as to
profits, return on equity and capital, and price-earnings ratio.
(6) The emerging trends relating to supply, demand, and
conservation of petroleum and petroleum products.
(7) The nature and extent of efforts of the petroleum industry to
expand refinery capacity and to make acquisitions of additional
supplies of petroleum and petroleum products, including activities
relative to the exploration, development, and extraction of resources
within the state.
(8) The development of a petroleum and petroleum products
information system in a manner that will enable the state to take
action to meet and mitigate any petroleum or petroleum products
shortage or condition affecting supply.
(b) The commission shall analyze the impacts of state and federal
policies and regulations upon the supply and pricing of petroleum
products.
25357. The commission shall obtain and analyze monthly production
reports prepared by the State Oil and Gas Supervisor pursuant to
Section 3227.
25358. (a) Within 70 days after the end of each preceding quarter
of each calendar year, the commission shall publish and submit to the
Governor and the Legislature a summary, an analysis, and an
interpretation of the information submitted to it pursuant to Section
25354 and information reviewed pursuant to Section 25357. This
report shall be separate from the report submitted pursuant to
Section 25322. Any person may submit comments in writing regarding
the accuracy or sufficiency of the information submitted.
(b) The commission shall prepare a biennial assessment of the
information provided pursuant to this chapter and shall include its
assessment in the biennial fuels report prepared pursuant to Section
25310.
(c) The commission may use reasonable means necessary and
available to it to seek and obtain any facts, figures, and other
information from any source for the purpose of preparing and
providing reports to the Governor and the Legislature. The commission
shall specifically include in the reports its analysis of any
unsuccessful attempts in obtaining information from potential
sources, including the lack of cooperation or refusal to provide
information.
(d) Whenever the commission fails to provide any report required
pursuant to this section within the specified time, it shall provide
to all members of the Legislature, within five days of the specified
time, a detailed written explanation of the cause of any delay.
25362. (a) The commission shall notify those persons who have
failed to timely provide the information specified in Section 25354.
If, within five days after being notified of the failure to provide
the specified information, the person fails to supply the specified
information, the person shall be subject to a civil penalty of not
less than five hundred dollars ($500) nor more than two thousand
dollars ($2,000) per day for each day the submission of information
is refused or delayed, unless the person has timely filed objections
with the commission regarding the information and the commission has
not yet held a hearing on the matter, or the commission has held a
hearing and the person has properly submitted the issue to a court of
competent jurisdiction for review.
(b) Any person who willfully makes any false statement,
representation, or certification in any record, report, plan, or
other document filed with the commission shall be subject to a civil
penalty not to exceed two thousand dollars ($2,000).
(c) For the purposes of this section, the term "person" shall
mean, in addition to the definition contained in Section 25116, any
responsible corporate officer.
25364. (a) Any person required to present information to the
commission pursuant to Section 25354 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 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, 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 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 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, 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 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 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.
(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.
25366. Any confidential information pertinent to the
responsibilities of the commission specified in this division which
is obtained by another state agency shall be available to the
commission and shall be treated in a confidential manner.
