Cal. PRC § 25354 — California Code / Code prc / Division 15 / Chapter 4.5 / Section 25354
Section 25354
Status: in_force

(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. For purposes of this section, the term “refiner” and “refinery” shall include refiners and refineries as defined in Sections 25127 and 25128, and also those persons and facilities that process renewable feedstocks instead of crude oil feedstocks and otherwise meet the definitions in Sections 25127 and 25128. 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, by volume, price, and type, for each of their refineries, feedstock inputs, origin of petroleum receipts, imports of finished petroleum products and blendstocks and ethanol, including the source of those imports, exports of finished petroleum products and blendstocks and ethanol, including the destination of those exports and the entity receiving those exports, refinery outputs, refinery stocks, finished product supply and distribution, including all gasoline sold unbranded by the refiner, blender, or importer, and all current inventories of refined and unrefined petroleum products.

(2) Major marketers shall report, by volume, price, and type, on petroleum product receipts and the sources of these receipts, inventories of finished petroleum products and blendstocks and ethanol, distributions through branded and unbranded distribution networks, and exports of finished petroleum products and blendstocks and ethanol from the state.

(b) Each major oil producer, refiner, marketer, oil transporter, oil storer, pipeline operator, or port through which refined gasoline is imported or exported, 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.

(6) Pipeline operators and port operators shall report their capacities for all pipelines and ports used to transport refined gasoline.

(7) All major oil producers, refiners, marketers, oil transporters, oil storers, pipeline operators, or port operators submitting information under this subdivision shall include in the report for each reporting period the full names of all persons or entities that directly or indirectly own 10 percent or more of the major oil producer, refiner, marketer, oil transporter, oil storer, pipeline operator, or port operator submitting the information.

(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 that produces, refines, transports, and markets in interstate commerce and that 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 Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington. 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 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) (1) Destination facilities shall submit to the commission, by deadlines set by the commission, the following information regarding crude oil transported to or within California via rail car or marine vessel:

(A) The route of transport within California.

(B) The marketable crude oil name.

(C) The loading facility, including the loading facility name, and the latitude, longitude, and state where the facility is located.

(D) The name of the destination facility, the type of facility, and the latitude and longitude where the facility is located.

(E) Whether the crude oil is nonfloating oil, as defined in Section 8670.3 of the Government Code.

(2) The commission shall quarterly prepare and make available to the public a report based on the data collected pursuant to paragraph (1) that shall include, at a minimum, the routes of transport of crude oil within California, the types of crude oil transported over each of those routes, and the frequency with which nonfloating oil has been transported over each of those routes during the reporting period. The commission shall aggregate information used in a report prepared under this paragraph 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 or would adversely affect market competition.

(3) The commission may require additional information to be submitted 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 this chapter.

(2) The person clearly identifies the specific provision of this chapter 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, No. 2 fuel oil, and any renewable fuels.

(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 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, 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 paragraph (3) of subdivision (f).

(F) Copies of all contracts or agreements entered into, or amendments to contracts or agreements, with other oil refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of petroleum products, as designated by the commission, during the monthly reporting period, along with records of every transaction made under those contracts or agreements and the prices charged for those transactions.

(3) This subdivision is intended to clarify the commission’s existing authority under subdivision (f) to collect specific information. This subdivision neither precludes nor augments the existing authority of the commission to collect information.

(j) All importers of refined products and renewable fuels via marine vessel shall report to the commission, at least 96 hours before the arrival of a marine vessel delivery to California, all of the following information:

(1) The name of the product tanker or name of the barge, including associated tug name.

(2) The loading location or locations for cargo.

(3) The volume by each type of transportation fuel, such as gasoline, gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol.

(4) The cargo landed cost, including the cost incurred to purchase, load, transport, and all other costs and fees to deliver, each type of transportation fuel, such as gasoline, gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol.

(5) The status of any transportation fuel as sold before discharge, the identity of the buyer for any presold product, and the sale price of any presold product.

(6) The planned discharge location, such as the marine berth designation, or locations.

(7) The foreign, domestic, and intrastate marine movements of the vessel from the port of origin to the port of delivery of the cargo.

(k) Nonrefiners, such as proprietary storage companies, that commercially trade in gasoline, gasoline blending components, diesel fuel, or renewable diesel fuel inventory not subject to contractual supply obligations, shall submit weekly reports to the commission, starting 30 days after the effective date of the act adding this subdivision, that include the weekly inventory volume, by type, such as gasoline, gasoline blending components, diesel fuel, or renewable fuels, for each position holder by name of company, and copies of all contracts or agreements entered into with any refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of those products, as designated by the commission.

(l) Refiners and nonrefiners that consummate spot market transactions shall submit a daily report to the commission, starting 30 days after the effective date of the act adding this subdivision, that includes all of the following information for each transaction occurring during the preceding day:

(1) The identity of the spot market where the transaction occurred.

(2) Whether the transaction was reported to the Oil Price Information Service (OPIS), or any other price reporting service, and the time of the reporting.

(3) The date of the transaction.

(4) The time of the transaction.

(5) The contract identification number for the transaction.

(6) The position sequence number for the transaction.

(7) The contract position identification number for the transaction.

(8) The name, or nonanonymized identification of the executing trader for the transaction.

(9) The counterparty for the transaction, including company name and name or nonanonymized identification of the executing trader.

(10) Whether the reporting entity is the seller or buyer.

(11) The broker, including company name and name or nonanonymized identification of the executing broker.

(12) The type of refined transportation fuel, such as gasoline, diesel, or jet fuel.

(13) The product name for each type of refined transportation fuel.

(14) The volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels.

(15) The invoiced volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels.

(16) The time and date the material that is the subject of the transaction is scheduled to be delivered or was delivered.

(17) The delivery location specified in the contract for the transaction and the actual delivery location.

(18) The method of transportation for the delivery, such as pipeline, marine vessel, or truck, and the name of the transport.

(19) The actual title transfer date.

(20) The contract subcycle, including descriptors such as “Any,” “L3,” “FH,” “BH,” “C1,” “C2,” “C3,” or “C4.”

(21) The type of pricing method, including exchange of futures for physical (EFP), fixed price, fixed date range, floating date range, reference formula, OPIS close, event-related date range, such as three days on and around delivery or discharge, or any other utilized method of pricing.

(22) The contract price formula, including the differential from any contract formula and the unit of measurement for any price differential.

(23) The pricing start and end dates for each contract.

(24) The price value of the contract.

(25) For EFP contracts, the name of the futures product, the contract month of the futures product expressed as the two-digit month and the two-digit year (MM-YY), and the price value of the futures product.

(m) It is the intent of the Legislature that all refiners shall, while protecting the health and safety of the public and employees, schedule planned maintenance and turnaround in a manner that ensures minimum levels of transportation fuels in production or reserves necessary to prevent supply shortages or price spikes. To advance that purpose, refiners shall report maintenance activities for each refinery to the commission as follows:

(1) Notwithstanding any other law, a refiner shall notify the executive director of the commission of all plans to undertake turnaround and planned maintenance. A refiner’s notification shall include, at a minimum, all of the following information:

(A) A brief description of planned work.

(B) The scheduled start date.

(C) The scheduled return-to-service date.

(D) The individual process units involved.

(E) The name and operational capacity of each process unit.

(F) The estimated daily decrease in output of material or substance produced by the unit, such as gasoline, diesel, or jet fuel components.

(G) The projected quantity of contractual supply obligations for finished gasoline due during the planned maintenance event or turnaround.

(H) The drawdown of inventory levels of gasoline and gasoline blending components and other material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the planned maintenance event or turnaround, the current levels of such inventories at the time notice is provided, and the anticipant levels of such inventories immediately before the commencement of the planned maintenance event or turnaround.

(I) Imports of gasoline and gasoline blend components and other material or substance produced by the unit in preparation for or during the planned maintenance event.

(J) Planned purchases of gasoline and gasoline blending components and other material or substance produced by the unit from other market participants in California related to the planned maintenance event.

(K) Planned reductions of noncontracted sales of gasoline or other material or substance produced by the unit related to the planned maintenance event.

(2) The refiner’s notification shall be submitted to the executive director of the commission at least 120 days before the planned maintenance or turnaround.

(3) Before submitting its turnaround schedule notification to the Division of Occupational Safety and Health pursuant to Section 7872 of the Labor Code, each refiner shall submit its turnaround schedule to the executive director of the commission. When submitting its schedule to the division, each refiner shall indicate that, for each scheduled turnaround, the notification to the commission was submitted.

(4) For unplanned maintenance resulting in a shutdown of a refinery process of greater than 24 hours, submit initial and final reports as follows:

(A) The initial report, due within 48 hours of the initial outage, shall include all of the following information:

(i) The name and operational capacity of each process unit involved in the unplanned outage.

(ii) The initial estimated daily decrease in output of gasoline, diesel, and jet fuel components from each process unit affected by the unplanned outage.

(iii) The current inventory levels of the material or substance produced by the unit affected by the unplanned outage that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event.

(iv) A description of the reason for the unplanned maintenance or outage.

(v) The projected duration of production reduction.

(B) The final report, due within 48 hours of the completion of repairs, shall include all of the following information:

(i) The return-to-service date.

(ii) The total decreased output of gasoline, diesel, and jet fuel components from each of the affected process units.

(iii) The total increased output from other process units by type of refined product to partially compensate for the reduced output from the process units affected by the unplanned outage.

(iv) The amount of material obtained from other sources that compensated for the decrease described in clause (ii) and enabled the refiner to cover for the loss of that production.

(v) The drawdown of inventory levels of any material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event.

(5) Upon receipt of a notification under this subdivision, the executive director of the commission shall review the notification and may request any additional information from the refiner that is necessary for the commission to assess the potential effect of the planned maintenance event on the supply and prices of transportation fuels in the state.

(n) (1) Notwithstanding any other law, information in the notification provided to the commission by a refiner providing a notice or report of its planned maintenance, unplanned maintenance, or turnaround schedule, including notifications under subdivision (m) shall be considered confidential information not subject to public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The commission may share the information with other state agencies, including the Attorney General, only if the other state agency agrees to maintain the confidentiality of the information.

(2) The commission may adopt guidelines to prescribe the manner in which the executive director of the commission shall implement subdivision (m) at a commission business meeting. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to any regulations, guidelines, or other standards adopted by the commission pursuant to this paragraph.

(o) Refiners shall report annually to the commission their planned production levels and schedule for turnarounds and planned maintenance for the following 12 months, by month and by finished product.

(p) (1) The operator of any refinery in this state shall report to the commission at least 12 months in advance if that refinery operator intends to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring.

(2) Upon receipt of a notice pursuant to paragraph (1), the commission shall notify the Legislature in a manner that does not disclose confidential information, if applicable.

(3) After the completion of the report by the commission required by Section 25371 and its submission to the Legislature, the commission may modify the notice required under this subdivision. The commission shall not reduce the notice period to less than 12 months.

(q) (1) (A) For purposes of this subdivision,

“reportable pipeline” means a pipeline that delivers crude oil to one or more crude oil refineries in California for processing into transportation fuels, except as specified in subparagraph (B).

(B) “Reportable pipeline” does not include a pipeline whose closure would not cause a significant reduction, as defined pursuant to paragraph (4), in the quantity of crude oil that one or more crude oil refineries in California receive for processing.

(2) Commencing March 30, 2027, and each month thereafter, the operator of a reportable pipeline shall submit the following information about the pipeline to the commission within 30 days after the end of each monthly reporting period:

(A) Minimum operating volume of the pipeline in a 24-hour period necessary to ensure safe operations for crude oil transport and a description of relevant operational constraints.

(B) Maximum operating volume of the pipeline in a 24-hour period possible while ensuring safe operations for crude oil transport.

(C) Volume of crude oil delivered each day.

(D) Number of hours in operation each day.

(E) Maximum nameplate capacity.

(F) Maximum available capacity.

(3) The commission shall work with stakeholders, including, but not limited to, refiners and pipeline operators, to identify, on or before December 31, 2026, those pipelines that meet the definition of a reportable pipeline.

(4) The commission shall, for purposes of this subdivision, define what constitutes a significant reduction in the quantity of the crude oil that one or more refineries receive for processing.