BILL NUMBER: AB 232 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 14, 2015
INTRODUCED BY Assembly Member Obernolte
Mark Stone
( Coauthors:
Assembly Members Alejo,
Bigelow,
Dodd, Gallagher,
Gipson,
Gordon, Gray,
Lackey,
Levine,
Mayes, Melendez,
Olsen,
Quirk, Waldron,
Wilk,
and Wood )
( Coauthors:
Senators Hill,
Liu, McGuire,
Morrell,
Nielsen, and Roth
)
FEBRUARY 4, 2015
An act to amend Section 4222 of, and to amend, repeal,
and add Sections 4213 and 4220 of, the Public Resources Code,
relating to forestry and fire prevention, and declaring the urgency
thereof, to take effect immediately. 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, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 232, as amended, Obernolte Mark Stone
. State responsibility areas: fire prevention fees.
Petroleum: information reports: turnarounds and
shutdowns.
(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.
Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas, as defined. Existing law requires that a fire
prevention fee be charged on each habitable structure on a parcel
that is within a state responsibility area. Existing law requires
that the fee be collected annually by the State Board of Equalization
in accordance with specified procedures, and specifies that the
annual fee shall be due and payable 30 days from the date of
assessment by the state board. Existing law authorizes a petition for
redetermination of the fee to be filed within 30 days after service
of a notice of determination, as specified.
This bill would, for a period of 5 years, extend the time when the
annual fire prevention fee is due and payable from 30 to 60 days
from the date of assessment by the State Board of Equalization and
authorize the petition for redetermination to be filed within 60 days
after service of the notice of determination, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
7873. (a) As used in this section, "trade secret" means a trade
secret as defined in subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code, and shall
include the schedule submitted to the division pursuant to
subdivision (b) of Section 7872 of this code, and the scheduling,
duration, layout, configuration, and type of work to be performed
during a turnaround. Upon completion of a turnaround, the scheduling
and duration of that turnaround shall no longer be considered a trade
secret. The wages, hours, benefits, job classifications, and
training standards for employees performing work for petroleum
refinery employers is not a trade secret.
(b) (1) If a petroleum refinery employer believes that information
submitted to the division pursuant to Section 7872 may involve the
release of a trade secret, the petroleum refinery employer shall
nevertheless provide this information to the division. The petroleum
refinery employer may, at the time of submission, identify all or a
portion of the information submitted to the division as trade secret
and, to the extent feasible, segregate records designated as trade
secret from the other records.
(2) Subject to subdivisions (c), (d), and (e), the division shall
not release to the public any information designated as a trade
secret by the petroleum refinery employer pursuant to paragraph (1).
(c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the
petroleum refinery employer has notified the division is a trade
secret pursuant to paragraph (1) of subdivision (b), the division
shall notify the petroleum refinery employer in writing of the
request by certified mail, return receipt requested.
(2) The division shall release the requested information to the
public, unless both of the following occur:
(A) Within 30 days of receipt of the notice of the request for
information, the refinery petroleum employer files an action in an
appropriate court for a declaratory judgment that the information is
subject to protection under subdivision (b) and promptly notifies the
division of that action.
(B) Within 120 days of receipt of the notice of the request for
information, the refinery petroleum employer obtains an order
prohibiting disclosure of the information to the public and promptly
notifies the division of that action.
(3) This subdivision shall not be construed to allow a petroleum
refinery employer to refuse to disclose the information required
pursuant to this section to the division.
(d) (1) Except as provided in subdivision (c), any information
that has been designated as a trade secret by a petroleum refinery
employer shall not be released to any member of the public, except
that such information may be disclosed to other officers or employees
of the division when relevant in any proceeding of the division.
(2) If the person requesting the release of the information or the
petroleum refinery employer files an action to order or prohibit
disclosure of trade secret information, the person instituting the
proceeding shall name the person or the petroleum refinery employer
as a real party in interest.
(A) The petroleum refinery employer filing an action pursuant to
paragraph (2) of subdivision (c) shall provide notice of the action
to the person requesting the release of the information at the same
time that the defendant in the action is served.
(B) The person filing an action to compel the release of
information that includes information that the petroleum refinery
employer has notified the division is a trade secret pursuant to
paragraph (1) of subdivision (b) shall provide notice of the action
to the petroleum refinery employer that submitted the information at
the same time that the defendant in the action is served.
(3) The court shall award costs and reasonable attorneys' fees to
the party that prevails in litigation filed pursuant to this section.
The public agency shall not bear the court costs for any party named
in litigation filed pursuant to this section.
(e) This section shall not be construed to prohibit the exchange
of trade secrets between local, state, or federal public agencies or
state officials when those trade secrets are relevant and reasonably
necessary to the exercise of their authority.
(f) An officer or employee of the division who, by virtue of that
employment or official position, has possession of, or has access to,
trade secret information, and who, knowing that disclosure of the
information to the general public is prohibited by this section,
knowingly and willfully discloses the information in any manner to a
person he or she knows is not entitled to receive it, is guilty of a
misdemeanor. A contractor with the division and an employee of the
contractor, who has been furnished information as authorized by this
section, shall be considered an employee of the division for purposes
of this section.
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 such
the form and to the extent as
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
such the form and to the
extent as 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, in lieu thereof, instead, may
submit a report made to any other governmental agency, if:
(1) The alternate report or reports contain
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 such the form and to
the extent as that the
commission prescribes:
(1) Monthly California weighted average
Daily prices and sales volumes of 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. customers, including, but not
limited to, the dealer tank wagon price or rack zone pricing.
(2) Monthly California weighted average
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) Monthly California weighted average
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) Beginning the first week after the effective date
of the act that added this subdivision, and each week thereafter, an
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.
SECTION 1. Section 4213 of the Public Resources
Code is amended to read:
4213. (a) (1) The fire prevention fee imposed pursuant to Section
4212 shall be collected annually by the State Board of Equalization
in accordance with the Fee Collection Procedures Law (Part 30
(commencing with Section 55001) of Division 2 of the Revenue and
Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the department that a person is
required to pay a fire prevention fee, or a determination by the
department regarding the amount of that fee, is subject to review
under Article 2 (commencing with Section 4220) and is not subject to
a petition for redetermination by the State Board of Equalization.
(3) (A) Notwithstanding the refund provisions in the Fee
Collection Procedures Law, the State Board of Equalization shall not
accept any claim for refund that is based on the assertion that a
determination by the department improperly or erroneously calculated
the amount of the fire prevention fee, or incorrectly determined that
the person is subject to that fee, unless that determination has
been set aside by the department or a court reviewing the
determination of the department.
(B) If the department or a reviewing court determines that a
person is entitled to a refund of all or part of the fire prevention
fee, the person shall make a claim to the State Board of Equalization
pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of
Division 2 of the Revenue and Taxation Code.
(b) The annual fire prevention fee shall be due and payable 60
days from the date of assessment by the State Board of Equalization.
(c) On or before each January 1, the department shall annually
transmit to the State Board of Equalization the appropriate name and
address of each person who is liable for the fire prevention fee and
the amount of the fee to be assessed, as authorized by this article,
and at the same time the department shall provide to the State Board
of Equalization a contact telephone number for the board to be
printed on the bill to respond to questions about the fee.
(d) If in any given fiscal year there are sufficient amounts of
money in the State Responsibility Area Fire Prevention Fund created
pursuant to Section 4214 to finance the costs of the programs under
subdivision (d) of Section 4214 for that fiscal year, the fee may not
be collected that fiscal year.
(e) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Section 4213 is added to the Public
Resources Code, to read:
4213. (a) (1) The fire prevention fee imposed pursuant to Section
4212 shall be collected annually by the State Board of Equalization
in accordance with the Fee Collection Procedures Law (Part 30
(commencing with Section 55001) of Division 2 of the Revenue and
Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the department that a person is
required to pay a fire prevention fee, or a determination by the
department regarding the amount of that fee, is subject to review
under Article 2 (commencing with Section 4220) and is not subject to
a petition for redetermination by the State Board of Equalization.
(3) (A) Notwithstanding the refund provisions in the Fee
Collection Procedures Law, the State Board of Equalization shall not
accept any claim for refund that is based on the assertion that a
determination by the department improperly or erroneously calculated
the amount of the fire prevention fee, or incorrectly determined that
the person is subject to that fee, unless that determination has
been set aside by the department or a court reviewing the
determination of the department.
(B) If the department or a reviewing court determines that a
person is entitled to a refund of all or part of the fire prevention
fee, the person shall make a claim to the State Board of Equalization
pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of
Division 2 of the Revenue and Taxation Code.
(b) The annual fire prevention fee shall be due and payable 30
days from the date of assessment by the State Board of Equalization.
(c) On or before each January 1, the department shall annually
transmit to the State Board of Equalization the appropriate name and
address of each person who is liable for the fire prevention fee and
the amount of the fee to be assessed, as authorized by this article,
and at the same time the department shall provide to the State Board
of Equalization a contact telephone number for the board to be
printed on the bill to respond to questions about the fee.
(d) If in any given fiscal year there are sufficient amounts of
money in the State Responsibility Area Fire Prevention Fund created
pursuant to Section 4214 to finance the costs of the programs under
subdivision (d) of Section 4214 for that fiscal year, the fee may not
be collected that fiscal year.
(e) This section shall become operative on the date that is five
years after the effective date of the act adding this section.
SEC. 3. Section 4220 of the Public Resources
Code is amended to read:
4220. (a) A person from whom the fire prevention fee is
determined to be due under this chapter may petition for a
redetermination of whether this chapter applies to that person within
60 days after service upon him or her of a notice of the
determination. If a petition for redetermination is not filed within
the 60-day period, the amount determined to be due becomes final at
the expiration of the 60-day period.
(b) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 4. Section 4220 is added to the Public
Resources Code, to read:
4220. (a) A person from whom the fire prevention fee is
determined to be due under this chapter may petition for a
redetermination of whether this chapter applies to that person within
30 days after service upon him or her of a notice of the
determination. If a petition for redetermination is not filed within
the 30-day period, the amount determined to be due becomes final at
the expiration of the 30-day period.
(b) This section shall become operative on the date that is five
years after the effective date of the act adding this section.
SEC. 5. Section 4222 of the Public Resources
Code is amended to read:
4222. If a petition for redetermination of the application of
this chapter is filed within the period specified in subdivision (a)
of Section 4220, the department shall reconsider whether the fee is
due and make a determination in writing. The department may eliminate
the fee based on a determination that this chapter does not apply to
the person who filed the petition.
SEC. 6. 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 ensure a smooth beginning for the 2016 fire prevention
fee collection period and to provide relief at the earliest possible
time to the rural property owners that this act seeks to assist, it
is necessary that this act take effect immediately.