Bill Text: CA SB421 | 2015-2016 | Regular Session | Chaptered
Bill Title: Refineries: turnarounds.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-09-21 - Chaptered by Secretary of State. Chapter 314, Statutes of 2015. [SB421 Detail]
Download: California-2015-SB421-Chaptered.html
BILL NUMBER: SB 421 CHAPTERED
BILL TEXT
CHAPTER 314
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2015
APPROVED BY GOVERNOR SEPTEMBER 21, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JUNE 19, 2015
AMENDED IN SENATE MAY 4, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 25, 2015
An act to amend Section 7873 of the Labor Code, relating to
refineries.
LEGISLATIVE COUNSEL'S DIGEST
SB 421, Hancock. Refineries: turnarounds.
Existing law requires a petroleum refinery employer to, every
September 15, submit to the Division of Occupational Safety and
Health information regarding planned turnarounds, as defined, for the
following calendar year and provide onsite access to the division
for inspection. Existing law establishes procedures for the public
disclosure of turnaround information designated a trade secret,
including authorization for a petroleum refinery employer to seek a
declaratory judgment to prevent disclosure. Existing law requires a
court to award attorney's fees to a party that prevails in an action
to compel or prohibit the division from disclosing turnaround
information.
This bill would delete the requirement that a person requesting
the release of the above-described information, or a petroleum
refinery employer seeking to prevent disclosure, name the other as a
real party in interest in an applicable action. The bill would delete
the requirement that a person requesting release of this information
provide notice of an action to compel disclosure to the petroleum
refinery employer and would instead require the division to provide
that notification. The bill would instead authorize the person to
intervene in a petroleum refinery employer's declaratory relief
action and require the court to permit that person to intervene. The
bill would also require the court to allow the petroleum refinery
employer to intervene in that action. The bill would also delete the
requirement that the court award attorney's fees.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7873 of the Labor Code is amended to read:
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 (g), 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 petroleum refinery employer files an action in an
appropriate court for a declaratory judgment that the information is
subject to protection as a trade secret, as defined in subdivision
(a), and promptly notifies the division of that action.
(B) Within 120 days of receipt of the notice of the request for
information, the petroleum refinery 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) 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.
(e) (1) 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.
(2) A person who has requested 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) may intervene in an action by the petroleum refinery
employer filed pursuant to paragraph (2) of subdivision (c). The
court shall permit that person to intervene.
(f) The public agency shall not bear the court costs for any party
named in litigation filed pursuant to this section.
(g) 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.
(h) If the person requesting the release of information identified
by a petroleum refinery employer as a trade secret files an action
against the division to order disclosure of that information, the
division shall promptly notify the petroleum refinery employer in
writing of the action by certified mail, return receipt requested.
The petroleum refinery employer may intervene in an action filed by
the person requesting the release of trade secrets identified by the
petroleum refinery employer. The court shall permit the petroleum
refinery employer to intervene.
(i) 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.
