AB 3258: Refinery and chemical plants.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-29
Current Status:
Passed
(2024-09-29: Chaptered by Secretary of State - Chapter 978, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill replaces “petroleum refineries” with “refineries” and defines a refinery as a facility that makes gasoline, diesel, aviation fuel, or biofuel from crude oil or alternative feedstock, affecting refinery employers and related manufacturing sites. It directs the state workplace safety agency and standards board to write and consider process safety rules for refineries and applies existing turnaround scheduling, document access, and inspection requirements to those refineries. The bill also clarifies how turnaround schedules and related documents are treated as trade secrets, while saying employee wages, hours, benefits, job classifications, and training are not trade secrets.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board to adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as prescribed. Existing law requires a petroleum refinery employer to submit an annual schedule of planned turnarounds, as defined, for all affected units for the following calendar year and to provide prescribed access onsite and to related documentation. Existing law also establishes requirements for Division of Occupational Safety and Health access to, and disclosure of, trade secrets, as defined, including information relating to planned turnarounds of petroleum refinery employers.
This bill would remove references in existing law to petroleum refineries and petroleum refinery employers and, instead, refer to refineries and refinery employers. The bill would define refinery to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel, as defined, through the processing of crude oil or alternative feedstock. The bill would, by January 1, 2026, require the division to propose, and the board to consider for adoption, regulations that implement this part for refineries.
Existing law, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board to adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as prescribed. Existing law requires a petroleum refinery employer to submit an annual schedule of planned turnarounds, as defined, for all affected units for the following calendar year and to provide prescribed access onsite and to related documentation. Existing law also establishes requirements for Division of Occupational Safety and Health access to, and disclosure of, trade secrets, as defined, including information relating to planned turnarounds of petroleum refinery employers.
This bill would remove references in existing law to petroleum refineries and petroleum refinery employers and, instead, refer to refineries and refinery employers. The bill would define refinery to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel, as defined, through the processing of crude oil or alternative feedstock. The bill would, by January 1, 2026, require the division to propose, and the board to consider for adoption, regulations that implement this part for refineries.
Existing law, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board to adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as prescribed. Existing law requires a petroleum refinery employer to submit an annual schedule of planned turnarounds, as defined, for all affected units for the following calendar year and to provide prescribed access onsite and to related documentation. Existing law also establishes requirements for Division of Occupational Safety and Health access to, and disclosure of, trade secrets, as defined, including information relating to planned turnarounds of petroleum refinery employers.
This bill would remove references in existing law to petroleum refineries and petroleum refinery employers and, instead, refer to refineries and refinery employers. The bill would define refinery to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel, as defined, through the processing of crude oil or alternative feedstock. The bill would, by January 1, 2026, require the division to propose, and the board to consider for adoption, regulations that implement this part for refineries.
Existing law, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board to adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as prescribed. Existing law requires a petroleum refinery employer to submit an annual schedule of planned turnarounds, as defined, for all affected units for the following calendar year and to provide prescribed access onsite and to related documentation. Existing law also establishes requirements for Division of Occupational Safety and Health access to, and disclosure of, trade secrets, as defined, including information relating to planned turnarounds of petroleum refinery employers.
This bill would remove references in existing law to petroleum refineries and petroleum refinery employers and, instead, refer to refineries and refinery employers. The bill would define refinery to mean an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products or biofuel, as defined, through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes. feedstock.
Existing law, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board to adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as prescribed. Existing law requires a petroleum refinery employer to submit an annual schedule of planned turnarounds, as defined, for all affected units for the following calendar year and to provide prescribed access onsite and to related documentation. Existing law also establishes requirements for Division of Occupational Safety and Health access to, and disclosure of, trade secrets, as defined, including information relating to planned turnarounds of petroleum refinery employers.
This bill would remove references in existing law to petroleum refineries and petroleum refinery employers and, instead, refer to refineries and refinery employers. The bill would define refinery to mean an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
Existing law requires, as a condition of eligibility for benefits under certain public assistance programs, including the CalWORKs and Medi-Cal programs, that applicants or recipients assign to the county any rights they may have to child support, as specified. Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined.This bill would make technical, nonsubstantive changes to those provisions.Existing law requires, as a condition of eligibility for benefits under certain public assistance programs, including the CalWORKs and Medi-Cal programs, that applicants or recipients assign to the county any rights they may have to child support, as specified. Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined.
This bill would make technical, nonsubstantive changes to those provisions.
The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to ensure worker safety. The Legislature also recognizes that a key element for ensuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
SEC. 2.Section 7852 of the Labor Code is amended to read:7852.(a)It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health promote worker safety through implementation of training and process safety management practices in refineries and chemical plants and other facilities deemed appropriate.
(b)To the maximum extent practicable, the board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c)It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
SEC. 3.Section 7853 of the Labor Code is amended to read:7853.For the purposes of this part:
(a)Biofuel means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
(b)Process safety management means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(c)Refinery means an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
SEC. 4.Section 7855 of the Labor Code is amended to read:7855.The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in refineries, chemical plants, and other related manufacturing facilities.
SEC. 5.Section 7856 of the Labor Code is amended to read:7856.(a)By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivision (i) of Section 25532 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part.
(b)By January 1, 2026, the division shall propose, and the board shall consider for adoption, regulations that implement this part for refineries.
SEC. 6.Section 7872 of the Labor Code is amended to read:7872.(a)As used in this section and in Section 7873, turnaround means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment.
(b)Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.
(c)At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:
(1)All corrosion reports and risk-based inspection reports generated since the last turnaround.
(2)Process hazard analyses generated since the last turnaround.
(3)Boiler permit schedules.
(4)All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(5)Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(6)All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, temporary repairs means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.
(7)Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround.
(d)The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.
(e)At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.
(f)At the divisions request, a refinery employer shall provide the division with physical copies, or, at the divisions discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).
(g)By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information.
(h)This section is not intended to limit or increase the divisions authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.
(i)The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations.
SEC. 7.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 (f) of Section 7924.510 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 refinery employers is not a trade secret.
(b)(1)If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may 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 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the 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 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 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 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 refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.
(e)(1)The 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the 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 refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the 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 that the officer or employee 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.
The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to ensure worker safety. The Legislature also recognizes that a key element for ensuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
SEC. 2.Section 7852 of the Labor Code is amended to read:7852.(a)It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health promote worker safety through implementation of training and process safety management practices in refineries and chemical plants and other facilities deemed appropriate.
(b)To the maximum extent practicable, the board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c)It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
SEC. 3.Section 7853 of the Labor Code is amended to read:7853.For the purposes of this part:
(a)Biofuel means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
(b)Process safety management means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(c)Refinery means an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
SEC. 4.Section 7855 of the Labor Code is amended to read:7855.The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in refineries, chemical plants, and other related manufacturing facilities.
SEC. 5.Section 7856 of the Labor Code is amended to read:7856.(a)By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivision (i) of Section 25532 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part.
(b)By January 1, 2026, the division shall propose, and the board shall consider for adoption, regulations that implement this part for refineries.
SEC. 6.Section 7872 of the Labor Code is amended to read:7872.(a)As used in this section and in Section 7873, turnaround means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment.
(b)Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.
(c)At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:
(1)All corrosion reports and risk-based inspection reports generated since the last turnaround.
(2)Process hazard analyses generated since the last turnaround.
(3)Boiler permit schedules.
(4)All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(5)Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(6)All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, temporary repairs means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.
(7)Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround.
(d)The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.
(e)At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.
(f)At the divisions request, a refinery employer shall provide the division with physical copies, or, at the divisions discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).
(g)By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information.
(h)This section is not intended to limit or increase the divisions authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.
(i)The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations.
SEC. 7.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 (f) of Section 7924.510 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 refinery employers is not a trade secret.
(b)(1)If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may 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 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the 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 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 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 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 refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.
(e)(1)The 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the 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 refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the 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 that the officer or employee 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.
The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to ensure worker safety. The Legislature also recognizes that a key element for ensuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
SEC. 2.Section 7852 of the Labor Code is amended to read:7852.(a)It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health promote worker safety through implementation of training and process safety management practices in refineries and chemical plants and other facilities deemed appropriate.
(b)To the maximum extent practicable, the standards board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c)It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
SEC. 3.Section 7853 of the Labor Code is amended to read:7853.For the purposes of this part:
(a)Biofuel means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
(b)Process safety management means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(c)Refinery means an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
SEC. 4.Section 7855 of the Labor Code is amended to read:7855.The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in refineries, chemical plants, and other related manufacturing facilities.
SEC. 5.Section 7856 of the Labor Code is amended to read:7856.(a)By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivision (i) of Section 25532 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part.
(b)By January 1, 2026, the division shall propose, and the board shall consider for adoption, regulations that implement this part for refineries.
SEC. 5.SEC. 6.Section 7872 of the Labor Code is amended to read:7872.(a)As used in this section and in Section 7873, turnaround means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment.
(b)Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.
(c)At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:
(1)All corrosion reports and risk-based inspection reports generated since the last turnaround.
(2)Process hazard analyses generated since the last turnaround.
(3)Boiler permit schedules.
(4)All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(5)Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(6)All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, temporary repairs means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.
(7)Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround.
(d)The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.
(e)At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.
(f)At the divisions request, a refinery employer shall provide the division with physical copies, or, at the divisions discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).
(g)By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information.
(h)This section is not intended to limit or increase the divisions authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.
(i)The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations.
SEC. 6.SEC. 7.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 (f) of Section 7924.510 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 refinery employers is not a trade secret.
(b)(1)If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may 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 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the 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 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 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 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 refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.
(e)(1)The 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the 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 refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the 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 that the officer or employee 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.
The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to assure ensure worker safety. The Legislature also recognizes that a key element for assuring ensuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
SEC. 2.Section 7852 of the Labor Code is amended to read:7852.(a)It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health promote worker safety through implementation of training and process safety management practices in refineries and chemical plants and other facilities deemed appropriate.
(b)To the maximum extent practicable, the standards board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c)It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
SEC. 3.Section 7853 of the Labor Code is amended to read:7853.For the purposes of this part:
(a)Biofuel means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
(a)(b)Process safety management means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(b)(c)Refinery means an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products or biofuel through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes. feedstock.
SEC. 4.Section 7855 of the Labor Code is amended to read:7855.The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in refineries, chemical plants, and other related manufacturing facilities.
SEC. 5.Section 7872 of the Labor Code is amended to read:7872.(a)As used in this section and in Section 7873, turnaround means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment.
(b)Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.
(c)At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:
(1)All corrosion reports and risk-based inspection reports generated since the last turnaround.
(2)Process hazard analyses generated since the last turnaround.
(3)Boiler permit schedules.
(4)All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(5)Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(6)All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, temporary repairs means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.
(7)Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround.
(d)The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.
(e)At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.
(f)At the divisions request, a refinery employer shall provide the division with physical copies, or, at the divisions discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).
(g)By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information.
(h)This section is not intended to limit or increase the divisions authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.
(i)The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations.
SEC. 6.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 (f) of Section 7924.510 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 refinery employers is not a trade secret.
(b)(1)If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may 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 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the 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 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 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 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 refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.
(e)(1)The 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 refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the 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 refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the 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 that the officer or employee 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.
The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to assure worker safety. The Legislature also recognizes that a key element for assuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic; thus catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in petroleum refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
SEC. 2.Section 7852 of the Labor Code is amended to read:7852.(a)It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Health and Safety (OSHA) Safety and Health promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate.
(b)To the maximum extent practicable, the standards board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c)It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
SEC. 3.Section 7853 of the Labor Code is amended to read:7853.For the purposes of this part, process part:
(a)Process safety management means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(b)Refinery means an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
SEC. 4.Section 7855 of the Labor Code is amended to read:7855.The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in petroleum refineries, chemical plants, and other related manufacturing facilities.
SEC. 5.Section 7872 of the Labor Code is amended to read:7872.(a)As used in this section and in Section 7873, turnaround means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of such that equipment.
(b)Every September 15, every petroleum refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.
(c)At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:
(1)All corrosion reports and risk-based inspection reports generated since the last turnaround.
(2)Process hazard analyses generated since the last turnaround.
(3)Boiler permit schedules.
(4)All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(5)Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).
(6)All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, temporary repairs means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.
(7)Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the petroleum refinery employer has deferred to a subsequent operational period or turnaround.
(d)The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.
(e)At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.
(f)At the divisions request, a petroleum refinery employer shall provide the division with physical copies, or, at the divisions discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).
(g)By agreement with a petroleum refinery employer, the division may modify the reporting period as to any individual item of information.
(h)This section is not intended to limit or increase the divisions authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.
(i)The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of petroleum refining operations.
SEC. 6.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 (f) of Section 7924.510 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, employer, at the time of submission, may 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 the 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 that the officer or employee 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.
SECTION 1.Section 17500 of the Family Code is amended to read:17500.(a)In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b)The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c)Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of the support delinquency exceeds one hundred dollars ($100).(d)If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after the receipt of the case by the local child support agency.(a)In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b)The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(c)Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which the support delinquency exceeds one hundred dollars ($100).
(d)If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after the receipt of the case by the local child support agency.
|
Date
|
Status
|
|---|---|
| Sep 29, 2024 | Chaptered by Secretary of State - Chapter 978, Statutes of 2024. |
| Sep 29, 2024 | Approved by the Governor. |
| Sep 5, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 27, 2024 | Assembly Rule 77 suspended. |
| Aug 26, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 26, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 21, 2024 | Read second time. Ordered to third reading. |
| Aug 20, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 20, 2024 | Ordered to third reading. |
| Aug 20, 2024 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Aug 5, 2024 | In Senate. Held at Desk. |
| Aug 5, 2024 | Ordered to the Senate. |
| Jun 27, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77. |
| Jun 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Jun 25, 2024 | Read second time. Ordered to Consent Calendar. |
| Jun 24, 2024 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 12, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| Jun 3, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| May 29, 2024 | Referred to Com. on L., P.E. & R. |
| May 16, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 16, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0.) |
| May 9, 2024 | Read second time. Ordered to Consent Calendar. |
| May 8, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 8). |
| Apr 18, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Apr 1, 2024 | Re-referred to Com. on L. & E. |
| Mar 21, 2024 | Referred to Com. on L. & E. |
| Mar 21, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2024 | AB 3258 Bryan Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2024 | Assembly 3rd Reading AB3258 Bryan By Durazo | Senate Floor |
Passed |
|
| Jun 27, 2024 | Consent Calendar 2nd AB3258 Bryan | Senate Floor |
Passed |
|
| Jun 12, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
|
| May 16, 2024 | AB 3258 Bryan Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 8, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 350 Bay Area Action | ** Support | |
| asian pacific environment network | ** Support | |
| BlueGreen Alliance | ** Support | |
| California Environmental Voters | ** Support | |
| California Labor for Climate Jobs | ** Support | |
| California Nurses for Environmental Health and Justice | ** Support | |
| Center for Race, Poverty, and the Environment | ** Support | |
| cleanearth4kids.org | ** Support | |
| Communities for a Better Environment | ** Support | |
| Greenpeace Usa | ** Support | |
| Jobs with Justice San Francisco | ** Support | |
| Labor Network for Sustainability | ** Support | |
| Natural Resources Defense Council | ** Support | |
| San Francisco Bay Physicians for Social Responsibility | ** Support | |
| Sunflower Alliance | ** Support | |
| The Climate Center | ** Support | |
| United Steelworkers District 12 | ** Support | |
| UNITED STEELWORKERS LOCAL 675 | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3258
Author:(Bryan)
As Amended Ver:August 20, 2024
Majority vote
SUMMARY
Expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel or biofuel through the processing of crude oil or alternative feedstock.
Senate Amendments
- Revise the definition of “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel or biofuel through the processing of crude oil or alternative feedstock.
- Define “biofuel” to mean biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
- Require, by January 1, 2026, the Division of Occupational Safety and Health to propose, and the Occupational Safety and Health Standards Board to consider for adoption, regulations that implement process safety management standards for refineries.
COMMENTS
None
According to the Author
“Throughout history, refinery workers have fought tireless battles to secure their rights and protections. They have faced hazardous working conditions, often risking their well-being in the pursuit of livelihoods. In 2012, a pivotal moment occurred when a pipe failure and fire erupted at the Richmond Chevron refinery. As a result, The Process Safety Management (PSM) regulations were updated to protect petroleum refinery workers. Over a decade later, our industrial landscape has evolved. Technological advancements and process innovations now drive production, yet the risks remain unchanged. The PSM framework fails to encompass the newer processes that utilize the same machinery.
AB 3258 seeks to redefine the term “refinery.” This definition explicitly includes processes like crude oil refinement, alternative feedstock utilization, redistillation of unfinished petroleum derivatives, and cracking. By broadening the definition, we take a significant stride toward addressing the core issue. Regardless of the specific products or methods involved, all refineries must adhere to existing PSM regulations. This crucial safeguard ensures the well-being of communities and every worker employed at refineries."
The author continues, “This bill will promote an equitable solution because it will protect all refinery workers that can be exposed to toxic materials and dangerous conditions. It will make sure that all refinery workers, regardless of the product or process, will be protected and not left vulnerable to the potential hazards of refineries.”
Arguments in Support
The Coalition of California Labor for Climate Jobs is in support and states, “Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB 3258 will ensure that no refinery falls below our California’s mandated standards.
California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other “renewable” and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB 3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry.”
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee pursuant to SR 28.8 negligible costs.
VOTES:
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Ortega, Flora, Alanis, Wendy Carrillo, Lee, Ward, Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 20, 2024
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0004656
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3258 |
THIRD READING
Bill No: AB 3258
Author: Bryan (D)
Amended: 8/20/24 in Senate
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/12/24
AYES: Cortese, Wilk, Durazo, Gonzalez, Laird
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Refinery and chemical plants
SOURCE: Author
DIGEST:
This bill (a) expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” and (b) directs the Occupational Safety and Health Standards Board (Board) to consider for adoption, regulations that implement process safety management standards for the revised definition of refinery, as specified.
Senate Floor Amendments of 8/20/24 direct the Division of Occupational Safety and Health (Cal/OSHA) to propose and the Board to consider for adoption, regulations that implement PSM standards for refineries by January 1, 2026, as specified.
ANALYSIS:
Existing law:
- Assures, under the California Occupational Safety and Health Act, safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code §6300)
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board (Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Directs the Board and Cal/OSHA, in accordance with the California Refinery and Health Standards Board Act of 1990 (Act), to promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate. (Labor Code §7852(a))
- Defines, for purposes of the Act, “process safety management” as the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. (Labor Code §7853)
- Directs the Board to adopt, by March 31, 2014, process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified. (Labor Code §7856)
- Directs refinery employers to, among other things, develop and maintain a compilation of written safety information, develop and implement operating procedures, train employees, and implement inspection and testing procedures. (Labor Code §7858-7868)
- Defines, for purposes of the Act, a “turnaround” as a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. (Labor Code §7872)
- Requires, every September 15, petroleum refinery employers to submit to Cal/OSHA a full schedule of planned turnarounds for all affected units for the following calendar year. (Labor Code §7872(b))
- At the request of the Cal/OSHA, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow Cal/OSHA to review specified documentation. (Labor Code §7872(c))
This bill:
- Removes references in the Act to “petroleum refineries” and “petroleum refinery employers” and instead refers to “refineries” and “refinery employers.”
- Defines “biofuel” as biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
- Defines “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
- Directs Cal/OSHA to propose and the Board to consider for adoption, regulations that implement PSM standards for refineries by January 1, 2026, as specified.
Background
Process Safety Management (PSM). The PSM Unit within Cal/OSHA is responsible for inspecting refineries and chemical plants that handle large quantities of toxic and flammable materials. The first safety standards enforced by the PSM Unit were adopted in 1990 under the Act and were substantially similar to federal ones. Following a 2012 incident at the Chevron U.S.A. Inc. Refinery in Richmond, however Cal/OSHA and the Legislature moved to strengthen safety standards. Reports by Cal/OSHA, the U.S. Chemical Safety and Hazard Investigation Board, and the U.S. Environmental Protection Agency identified serious concerns about Chevron’s process safety management procedures and expressed the need for stronger preventative safeguards. On May 18, 2017 the Board unanimously adopted updated PSM standards that, among other things, require petroleum refinery employers to conduct damage mechanism reviews, develop written safety procedures, implement a human factors program, and perform and document a process hazard analysis. The new rules make California petroleum refineries safer for workers and surrounding communities.
Existing law under the Act references “petroleum refineries,” but does not provide a specific definition. The California Code of Regulations does offer a definition of “refinery” for purposes of PSM regulations. A “refinery” is a plant for the separation, refining, or processing of petroleum, natural gas, and products thereof. A refinery may include numerous processing units or groups of activities.
Related/Prior Legislation
SB 1300 (Hancock, Chapter 519, Statutes of 2014) required every petroleum refinery employer to, every September 15, submit to the Cal/OSHA a full schedule for the following calendar year of planned turnarounds, and to inspect, test, and replace process materials and equipment, as specified. The bill also required a petroleum refinery employer, upon the request of the Cal/OSHA, to provide access onsite and provide Cal/OSHA with specified documentation.
AB 3672 (Elder, Chapter 1632, Statutes of 1990) established the California Refinery and Chemical Plant Worker Safety Act of 1990 including process safety management standards to prevent or minimize the consequences of catastrophic releases of toxic, flammable or explosive chemicals.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/21/24)
350 Bay Area Action
Asian Pacific Environment Network
Bluegreen Alliance
California Environmental Voters
California Labor for Climate Jobs
California Nurses for Environmental Health and Justice
Center for Race, Poverty, and The Environment
Cleanearth4kids.org
Communities for a Better Environment
Greenpeace USA
Jobs With Justice San Francisco
Labor Network for Sustainability
Natural Resources Defense Council
San Francisco Bay Physicians for Social Responsibility
Sunflower Alliance
The Climate Center
United Steelworkers District 12
United Steelworkers Local 675
OPPOSITION: (Verified 8/21/24)
None received.
ARGUMENTS IN SUPPORT:
The California Labor for Climate Jobs coalition states:
“Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB3258 will ensure that no refinery falls below our California’s mandated standards. California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other ‘renewable’ and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry.”
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556
8/21/24 16:12:34
**** END ****
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3258
Author:(Bryan)
As Amended Ver:June 3, 2024
Majority vote
SUMMARY
Expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of "refinery" to mean an establishment that produces gasoline, diesel fuel, aviation fuel or biofuel through the processing of crude oil or alternative feedstock.
Senate Amendments
- Revise the definition of "refinery" to mean an establishment that produces gasoline, diesel fuel, aviation fuel or biofuel through the processing of crude oil or alternative feedstock.
- Define "biofuel" to mean biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
COMMENTS
None
According to the Author
"Throughout history, refinery workers have fought tireless battles to secure their rights and protections. They have faced hazardous working conditions, often risking their well-being in the pursuit of livelihoods. In 2012, a pivotal moment occurred when a pipe failure and fire erupted at the Richmond Chevron refinery. As a result, The Process Safety Management (PSM) regulations were updated to protect petroleum refinery workers. Over a decade later, our industrial landscape has evolved. Technological advancements and process innovations now drive production, yet the risks remain unchanged. The PSM framework fails to encompass the newer processes that utilize the same machinery.
AB 3258 seeks to redefine the term "refinery." This definition explicitly includes processes like crude oil refinement, alternative feedstock utilization, redistillation of unfinished petroleum derivatives, and cracking. By broadening the definition, we take a significant stride toward addressing the core issue. Regardless of the specific products or methods involved, all refineries must adhere to existing PSM regulations. This crucial safeguard ensures the well-being of communities and every worker employed at refineries."
The author continues, "This bill will promote an equitable solution because it will protect all refinery workers that can be exposed to toxic materials and dangerous conditions. It will make sure that all refinery workers, regardless of the product or process, will be protected and not left vulnerable to the potential hazards of refineries."
Arguments in Support
The Coalition of California Labor for Climate Jobs is in support and states, "Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB 3258 will ensure that no refinery falls below our California's mandated standards.
California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other "renewable" and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB 3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee pursuant to SR 28.8 negligible costs.
VOTES:
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Ortega, Flora, Alanis, Wendy Carrillo, Lee, Ward, Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: June 3, 2024
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0003657
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3258 |
CONSENT
Bill No: AB 3258
Author: Bryan (D)
Amended: 6/3/24 in Senate
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/12/24
AYES: Cortese, Wilk, Durazo, Gonzalez, Laird
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Refinery and chemical plants
SOURCE: Author
DIGEST:
This bill expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
ANALYSIS:
Existing law:
- Assures, under the California Occupational Safety and Health Act, safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code §6300)
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board (Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Directs the Board and Cal/OSHA, in accordance with the California Refinery and Health Standards Board Act of 1990 (Act), to promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate. (Labor Code §7852(a))
- Defines, for purposes of the Act, “process safety management” as the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals.
- Directs the Board to adopt, by March 31, 2014, process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified.
- Directs refinery employers to, among other things, develop and maintain a compilation of written safety information, develop and implement operating procedures, train employees, and implement inspection and testing procedures. (Labor Code §7858-7868)
- Defines, for purposes of the Act, a “turnaround” as a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment.
- Requires, every September 15, petroleum refinery employers to submit to Cal/OSHA a full schedule of planned turnarounds for all affected units for the following calendar year. (Labor Code §7872(b))
- At the request of the Cal/OSHA, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow Cal/OSHA to review specified documentation. (Labor Code §7872(c))
This bill:
- Removes references in the Act to “petroleum refineries” and “petroleum refinery employers” and instead refers to “refineries” and “refinery employers.”
- Defines “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
- Defines “biofuel” as biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
Background
Process Safety Management (PSM). The PSM Unit within Cal/OSHA is responsible for inspecting refineries and chemical plants that handle large quantities of toxic and flammable materials. The first safety standards enforced by the PSM Unit were adopted in 1990 under the Act and were substantially similar to federal ones. Following a 2012 incident at the Chevron U.S.A. Inc. Refinery in Richmond, however Cal/OSHA and the Legislature moved to strengthen safety standards. Reports by Cal/OSHA, the U.S. Chemical Safety and Hazard Investigation Board, and the U.S. Environmental Protection Agency identified serious concerns about Chevron’s process safety management procedures and expressed the need for stronger preventative safeguards. On May 18, 2017 the Board unanimously adopted updated PSM standards that, among other things, require petroleum refinery employers to conduct damage mechanism reviews, develop written safety procedures, implement a human factors program, and perform and document a process hazard analysis. The new rules make California petroleum refineries safer for workers and surrounding communities.
Existing law under the Act references “petroleum refineries,” but does not provide a specific definition. The California Code of Regulations does offer a definition of “refinery” for purposes of PSM regulations. A “refinery” is a plant for the separation, refining, or processing of petroleum, natural gas, and products thereof. A refinery may include numerous processing units or groups of activities.
Related/Prior Legislation
SB 1300 (Hancock, Chapter 519, Statutes of 2014) required every petroleum refinery employer to, every September 15, submit to the Cal/OSHA a full schedule for the following calendar year of planned turnarounds, and to inspect, test, and replace process materials and equipment, as specified. The bill also required a petroleum refinery employer, upon the request of the Cal/OSHA, to provide access onsite and provide Cal/OSHA with specified documentation.
AB 3672 (Elder, Chapter 1632, Statutes of 1990) established the California Refinery and Chemical Plant Worker Safety Act of 1990 including process safety management standards to prevent or minimize the consequences of catastrophic releases of toxic, flammable or explosive chemicals.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/21/24)
350 Bay Area Action
Asian Pacific Environment Network
Bluegreen Alliance
California Environmental Voters
California Labor for Climate Jobs
California Nurses for Environmental Health and Justice
Center for Race, Poverty, and The Environment
Cleanearth4kids.org
Communities for a Better Environment
Greenpeace USA
Jobs With Justice San Francisco
Labor Network for Sustainability
Natural Resources Defense Council
San Francisco Bay Physicians for Social Responsibility
Sunflower Alliance
The Climate Center
United Steelworkers District 12
United Steelworkers Local 675
OPPOSITION: (Verified 6/21/24)
None received
ARGUMENTS IN SUPPORT: The California Labor for Climate Jobs coalition in support of this bill states, “Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB3258 will ensure that no refinery falls below our California’s mandated standards. California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other ‘renewable’ and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry.”
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556
6/25/24 13:21:23
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Lola Smallwood-Cuevas, Chair
2023 - 2024 Regular
Bill No: AB 3258 Hearing Date: June 12, 2024
Author: | Bryan | ||
Version: | June 3, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Emma Bruce | ||
SUBJECT: Refinery and chemical plants
KEY ISSUE
This bill expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
ANALYSIS
Existing law:
- Under the California Occupational Safety and Health Act, assures safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code §6300)
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board (Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Directs the Board and Cal/OSHA, in accordance with the California Refinery and Health Standards Board Act of 1990 (Act), to promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate. (Labor Code §7852(a))
- Defines, for purposes of the Act, “process safety management” as the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals.
- Directs the Board to adopt, by March 31, 2014, process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified.
- Directs refinery employers to, among other things, develop and maintain a compilation of written safety information, develop and implement operating procedures, train employees, and implement inspection and testing procedures. (Labor Code §7858-7868)
- Defines, for purposes of the Act, a “turnaround” as a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment.
- Requires, every September 15, petroleum refinery employers to submit to Cal/OSHA a full schedule of planned turnarounds for all affected units for the following calendar year. (Labor Code §7872(b))
- At the request of the Cal/OSHA, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow Cal/OSHA to review specified documentation. (Labor Code §7872(c))
This bill:
- Removes references in the Act to “petroleum refineries” and “petroleum refinery employers” and instead refers to “refineries” and “refinery employers.”
- Defines “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.
- Defines “biofuel” as biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.
COMMENTS
1. Process Safety Management (PSM):
The PSM Unit within Cal/OSHA is responsible for inspecting refineries and chemical plants that handle large quantities of toxic and flammable materials. The first safety standards enforced by the PSM Unit were adopted in 1990 under the Act and were substantially similar to federal ones. Following a 2012 incident at the Chevron U.S.A. Inc. Refinery in Richmond, however Cal/OSHA and the Legislature moved to strengthen safety standards. Reports by Cal/OSHA, the U.S. Chemical Safety and Hazard Investigation Board, and the U.S. Environmental Protection Agency identified serious concerns about Chevron’s process safety management procedures and expressed the need for stronger preventative safeguards. On May 18, 2017 the Board unanimously adopted updated PSM standards that, among other things, require petroleum refinery employers to conduct damage mechanism reviews, develop written safety procedures, implement a human factors program, and perform and document a process hazard analysis. The new rules make California petroleum refineries safer for workers and surrounding communities.
Existing law under the Act references “petroleum refineries,” but does not provide a specific definition. The California Code of Regulations does offer a definition of “refinery” for purposes of PSM regulations. A “refinery” is a plant for the separation, refining, or processing of petroleum, natural gas, and products thereof. A refinery may include numerous processing units or groups of activities.
This bill would strike references to “petroleum refineries” and “petroleum employers” and instead define “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock. As California moves away from petroleum based refining, it should be clear that the existing PSM standards are applicable to all refineries regardless of the exact products or methods involved.
2. Need for this bill?
According to the author:
“Throughout history, refinery workers have fought tireless battles to secure their rights and protections. They have faced hazardous working conditions, often risking their well-being in the pursuit of livelihoods. In 2012, a pivotal moment occurred when a pipe failure and fire erupted at the Richmond Chevron refinery. As a result, The Process Safety Management (PSM) regulations were updated to protect petroleum refinery workers. Over a decade later, our industrial landscape has evolved. Technological advancements and process innovations now drive production, yet the risks remain unchanged. The PSM framework fails to encompass the newer processes that utilize the same machinery.
AB 3258 seeks to redefine the term ‘refinery.’ This definition explicitly includes processes like crude oil refinement, alternative feedstock utilization, redistillation of unfinished petroleum derivatives, and cracking. By broadening the definition, we take a significant stride toward addressing the core issue. Regardless of the specific products or methods involved, all refineries must adhere to existing PSM regulations. This crucial safeguard ensures the well-being of communities and every worker employed at refineries."
3. Proponent Arguments:
The California Labor for Climate Jobs coalition is in support of the measure;
“Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB3258 will ensure that no refinery falls below our California’s mandated standards.
California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other ‘renewable’ and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry.”
4. Opponent Arguments:
None received.
5. Prior Legislation:
SB 1300 (Hancock, Chapter 519, Statutes of 2014) required every petroleum refinery employer to, every September 15, submit to the Cal/OSHA a full schedule for the following calendar year of planned turnarounds, and to inspect, test, and replace process materials and equipment, as specified. The bill also required a petroleum refinery employer, upon the request of the Cal/OSHA, to provide access onsite and provide Cal/OSHA with specified documentation.
AB 3672 (Elder, Chapter 1632, Statutes of 1990) established the California Refinery and Chemical Plant Worker Safety Act of 1990 including process safety management standards to prevent or minimize the consequences of catastrophic releases of toxic, flammable or explosive chemicals.
SUPPORT
350 Bay Area Action
Asian Pacific Environment Network
Bluegreen Alliance
California Environmental Voters (formerly CLCV)
California Labor for Climate Jobs
California Nurses for Environmental Health & Justice
California Nurses for Environmental Health and Justice
Center for Race, Poverty, and The Environment
Center on Race, Poverty & the Environment
Cleanearth4kids.org
Communities for A Better Environment
Greenpeace USA
Jobs With Justice San Francisco
Labor Network for Sustainability
Natural Resources Defense Council
San Francisco Bay Physicians for Social Responsibility
Sunflower Alliance
The Climate Center
United Steelworkers District 12
United Steelworkers Local 675
OPPOSITION
None received.
-- END --
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3258
Author:(Bryan) – As Amended Ver:March 21, 2024
Policy Committee: | Labor and Employment | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill updates the definition of a “refinery” to apply labor protections to a broader set of worksites.
This bill strikes “petroleum” from references to “petroleum refineries” and “petroleum refinery employers” and defines “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
FISCAL EFFECT:
Absorbable costs to the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety and Health Standards Board.
COMMENTS:
- Purpose. According to the author, the Process Safety Management (PSM) regulations enacted to protect petroleum refinery workers are outdated because the “framework fails to encompass the newer processes that utilize the same machinery.” The author intends to broaden the term “refinery” to ensure, “Regardless of the specific products or methods involved, all refineries must adhere to existing PSM regulations.” This bill is sponsored by United Steelworkers Local 5, 675, and District 12.
- PSM Unit. Cal/OSHA’s PSM unit is responsible for inspecting refineries and chemical plants that handle large quantities of toxic and flammable materials. Health and safety standards enforced by the PSM Unit, such as adequate employee training, exist to prevent catastrophic explosions, fires, and releases of dangerous chemicals. Every September 15, petroleum refinery employers must submit to the PSM unit a full schedule of planned turnarounds for all affected units for the following calendar year. A “turnaround” is a planned, periodic shutdown of a refinery process unit or plant to perform maintenance operations and inspect, test, and replace process materials and equipment. This bill expands such rules to cover additional types of refineries, such as an establishment processing alternative feedstock.
- Related Legislation. SB 740 (Cortese), Chapter 293, Statutes of 2023, extended “skilled and trained workforce” requirements applicable to an owner or operator of a stationary source engaged in certain petroleum-related activities to such entities engaged in carbon capture and sequestration or manufacturing hydrogen, biofuels, or other specified chemicals.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 17, 2024
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Liz Ortega, Chair
ABPCA Bill Id:AB 3258 (
Author:Bryan) – As Amended Ver:March 21, 2024
SUBJECT: Refinery and chemical plants
SUMMARY: Expands the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products, as specified.
EXISTING LAW:
- Establishes the Occupational Safety and Health Standards Board (Board) within the Department of Industrial Relations, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers.
Labor Code, § 140 et seq. - Establishes the California Refinery and Chemical Plant Worker Safety Act of 1990 to require the Board and the Division of Occupational Safety and Health (Cal/OSHA) to promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate. Labor Code § 7852(a).
- Requires, every September 15, petroleum refinery employers to submit to Cal/OSHA a full schedule of planned turnarounds for all affected units for the following calendar year. Labor Code § 7872(b).
- At the request of the Cal/OSHA, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a petroleum refinery employer shall provide access onsite and allow Cal/OSHA to review specified documentation. Labor Code § 7872(c).
- Permits a petroleum refinery employer, when submitting information to Cal/OSHA about planned turnarounds, to identify all or a portion of the information as a trade secret, and, to the extent feasible, segregate records designated as a trade secret from the other records. Labor Code § 7873 (b)(1).
FISCAL EFFECT: Unknown
COMMENTS: According to the author, “Throughout history, refinery workers have fought tireless battles to secure their rights and protections. They have faced hazardous working conditions, often risking their well-being in the pursuit of livelihoods. In 2012, a pivotal moment occurred when a pipe failure and fire erupted at the Richmond Chevron refinery. As a result, The Process Safety Management (PSM) regulations were updated to protect petroleum refinery workers. Over a decade later, our industrial landscape has evolved. Technological advancements and process innovations now drive production, yet the risks remain unchanged. The PSM framework fails to encompass the newer processes that utilize the same machinery.
AB 3258 seeks to redefine the term “refinery.” This definition explicitly includes processes like crude oil refinement, alternative feedstock utilization, redistillation of unfinished petroleum derivatives, and cracking. By broadening the definition, we take a significant stride toward addressing the core issue. Regardless of the specific products or methods involved, all refineries must adhere to existing PSM regulations. This crucial safeguard ensures the well-being of communities and every worker employed at refineries."
The author continues, “This bill will promote an equitable solution because it will protect all refinery workers that can be exposed to toxic materials and dangerous conditions. It will make sure that all refinery workers, regardless of the product or process, will be protected and not left vulnerable to the potential hazards of refineries.”
Arguments in Support
The Coalition of California Labor for Climate Jobs is in support and states, “Absent proper process safety management procedures and worker training, refineries are hazardous and deadly worksites. AB 3258 will ensure that no refinery falls below our California’s mandated standards.
California Labor for Climate Jobs is a statewide coalition of labor unions organizing for a worker-led transition to a climate-safe and just economy. Our labor unions represent oil and gas workers, public sector workers in oil and gas dependent counties and across the state, as well as teachers, domestic workers, healthcare workers, farmworkers, janitors and many more. Together we are workers leading on solutions that protect working people, create family-sustaining jobs, and improve our collective health and well-being. As workers we have witnessed companies exploit the shifting economic conditions and new technologies emerging in the low carbon economy to evade life-saving safety regulations. The current labor code is outdated for our 21st century refining economy, especially as California moves away from petroleum refining, toward biofuel and other “renewable” and/or alternative fuel production. We must act now to close the loophole that exempts newer refining technologies from the safety regulations that protect our workers and their neighboring families. AB 3258 aims to close that gap in workplace safety for the entire refining and chemical plant industry.”
Arguments in Opposition
None on file.
Prior Legislation
SB 1300 (Hancock) Chapter 519, Statutes of 2014 requires every petroleum refinery employer to, every September 15, submit to the Cal/OSHA a full schedule for the following calendar year of planned turnarounds, and to inspect, test, and replace process materials and equipment, as specified. The bill also requires a petroleum refinery employer, upon the request of the Cal/OSHA, to provide access onsite and provide Cal/OSHA with specified documentation.
REGISTERED SUPPORT / OPPOSITION:
Support
350 Bay Area Action
California Labor for Climate Jobs
California Nurses for Environmental Health & Justice
Center on Race, Poverty & the Environment
Greenpeace USA
Jobs With Justice San Francisco
Labor Network for Sustainability
Sunflower Alliance
The Climate Center
United Steelworkers District 12
United Steelworkers Local 675
Opposition
None on file.
Analysis Prepared by: Megan Lane / L. & E. /
Discussed in Hearing
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Bill Author
Bill Co-Author(s):