California Assembly Bill AB232 Amended / Bill

 BILL NUMBER: AB 232AMENDED 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.