1798.69.

 (a) Except as provided in subdivision (b), the State Board of Equalization shall not release the names and addresses of individuals who are registered with, or are holding licenses or permits issued by, the State Board of Equalization, except to the extent necessary to verify resale certificates or to administer the tax and fee provisions of the Revenue and Taxation Code.

(b) Nothing in this section shall prohibit either of the following:

(1) The release by the State Board of Equalization to, or limit the use by, a federal or state agency, or local government, of data collected by the board that is otherwise authorized by law.

(2) The release by the State Board of Equalization to the State Energy Resources Conservation and Development Commission of data collected by the board that identifies by name, address, or telephone number, a business entity engaged in the retail sale within the state of gasoline or diesel fuel.

25354.

 (a) Each refiner and major marketer shall submit information each month to the commission in the form and extent 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) 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 the form and to the extent that the commission prescribes pursuant to this section. The commission may determine the form and extent necessary by order or by regulation. 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 of each system. 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, with respect to thermally enhanced oil recovery operations, shall 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) Each A person required to report pursuant to this subdivision shall submit annually to the commission such all financial information as the commission may determine that the commission determines is necessary for the purpose of analyzing and reporting upon the profits, earnings, and other financial conditions of the California petroleum industry, including, but not limited to, financial information pertaining to exploration and production; transportation (whether by one or more marine vessel, pipeline, rail, or tanker truck); refining; marketing; trading; retail; and any other industry function that the commission deems necessary and appropriate for purposes of this section. Except to the extent previously made public by the person supplying the information, the financial information obtained pursuant to this paragraph shall be held in confidence by the commission. Any report of the commission pursuant to this paragraph shall only include confidential financial information if the information is aggregated to the extent necessary to assure confidentiality and protect against unfair competitive disadvantage to the person supplying 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 (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 by order or regulation may 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) A 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 weighted average cost, prices, and sales volumes of finished leaded regular, unleaded regular, and premium motor gasoline sold within California through company-operated retail outlets, to other end-users, and to wholesale customers.

(2) Monthly weighted average cost, 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, sold in California.

(3) Monthly weighted average cost, 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, sold in California.

(i) (1) Beginning the first week after the effective date of the act that adds subdivision (j), and each week thereafter, an oil refiner, oil producer, petroleum product transporter, petroleum product marketer, petroleum product pipeline operator, petroleum trader, and terminal operator, as designated by the commission, shall submit a report in the form and extent as to the extent that 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, weighted average cost, and inventory levels of crude oil and petroleum products at each refinery and terminal location within and without California.

(B) Amount, weighted average cost, and weighted average sales price, by category, of gasoline, diesel, jet fuel, blending components, and other petroleum products imported into and exported from California.

(C) Amount and weighted average cost of transportation, by category, of gasoline, diesel, jet fuel, blending components, and other petroleum products transported intrastate by marine vessel.

(D) Amount and average weighted cost of crude oil imported, into California and imported into the United States, excluding California, including information identifying the source of the crude oil.

(E) The regional average of invoiced retailer buying price by product, and associated regional average cost of each product sold to that retailer. This subparagraph does not either preclude or preclude nor augment the current authority of the commission to collect additional data under subdivision (f).

(F) Daily spot market trading activity, including prices, quantities, delivery dates, identity of trading partners, and other information as the commission deems necessary and appropriate for the purposes of this chapter.

(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 preclude nor augment the existing authority of the commission to collect information.

(j) The commission may, by rule or order, by rule or order may collect from owners and operators of marine petroleum terminals, owners and operators of marine vessels shipping petroleum products, the Southern California Marine Exchange and its successors, and from the Marine Exchange of the San Francisco Bay Region and its successors, such information as any information that it deems necessary and appropriate to analyze and report upon actual and potential congestion at marine petroleum terminal facilities within the state. Each A person required to report pursuant to this subdivision shall provide this the information at the interval and in the format that is determined by the commission. Except to the extent previously made public by the person supplying the information, the information obtained pursuant to this subdivision shall be held in confidence by the commission. Any report of the commission pursuant to this subdivision shall only include confidential marine petroleum terminal information if the information is aggregated to the extent necessary to assure confidentiality and protect against unfair competitive disadvantage to the person supplying the information, or disclosure of proprietary information or information constituting a trade secret.

25364.

 (a) A 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) Information submitted to the commission pursuant to Section 25354 shall not 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 an 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 a purpose other than the statistical purposes for which it is supplied.

(2) Make any publication whereby the information furnished by a 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 either of the following:

(1) 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.

(2) Section 25354 to the Attorney General if the Attorney General provides a written request for the information, in connection with an ongoing investigation. With respect to the information the Attorney General receives, the Attorney General shall be subject to all pertinent provisions of Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code, relating to confidentially of investigatory records.