25360.
(a) An owner or operator of a refinery in the state shall report to the commission all of the following:(1) On a monthly basis, whether and to what extent, during the preceding month, a refinery was operated at below normal production rates, as determined by the commission, due to an unplanned outage. The report shall include all of the following:
(A) The duration of, and explanation for, an unplanned outage.
(B) The amount of gasoline and diesel fuel production loss resulting from an unplanned outage.
(C) Actions taken by the refiner or its parent company to secure additional supplies, build inventory, and minimize disruption of the market or price swings due to downtime.
(2) On March 1 of each year, provide all of the following:
(A) A listing of scheduled major maintenance projects for the following 12 months, and the next three years.
(B) Estimated project timeline for listed scheduled major maintenance projects.
(C) Estimated gasoline and diesel fuel production loss due to downtime resulting from scheduled major maintenance.
(3) If a scheduled major maintenance project reported pursuant to paragraph (2) takes longer than scheduled, provide all of the following:
(A) Reasons for scheduled major maintenance projects taking longer than estimated.
(B) Operational status of the facility on a daily basis.
(C) Amount of gasoline and diesel fuel production lost.
(b) The commission shall maintain records of refinery downtime for five years.
(c) (1) (A) The commission, or its designee, may inspect the records, data, accounts, books, or documents of a refinery, if the inspection is reasonably related to ensuring compliance with this section.
(B) The commission shall not create a mandatory schedule of inspections described in subparagraph (A).
(2) The commission, or its designee, may inspect and investigate a refinery within the state without notice, to ensure compliance with this section.
(3) The commission may contract out inspections and investigations made pursuant to paragraph (1) or (2), if it is more cost efficient than the commission performing those inspections and investigations itself.
(d) Information submitted to the commission or its designee pursuant to this section shall be held in confidence by the commission and its designee pursuant to Section 25364.
(e) (1) The commission may request a refinery in the state to voluntarily adjust or delay a scheduled major maintenance, if the maintenance is not a regulatory compliance, reliability, or safety repair.
(2) The refinery shall respond in writing within 14 days if the refinery denies the request and explain the grounds for refusal.
(f) (1) The commission shall provide on a quarterly basis an opportunity for public comment concerning gasoline prices and availability.
(2) The commission shall report in writing to the appropriate policy and fiscal committees of the Legislature, on a quarterly basis, aggregate maintenance information for the prior quarter, including, but not limited to, information concerning refinery downtime, scheduling, and coordination, and wholesale price fluctuations.
(g) (1) The commission shall notify a person who has failed to timely provide the information required by this section. If, within five days after being notified of the failure to provide the information, the person fails to supply the information, the person shall be subject to a civil penalty of not less than five hundred dollars ($500), but not 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.
(2) A person who willfully violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3) The remedies and penalties provided by this section and Section 25362 are cumulative to each other.
(h) Nothing in this section shall result in the modification, delay, or abrogation of a deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, a requirement imposed by the State Air Resources Board or by an air pollution control district or an air quality management district.