Division Of Petroleum Market Oversight - Petroleum Market - Public Resources - CA

Section § 25372

This section defines the term "division" as it is used in this article and Article 4, beginning with Section 25373, to specifically mean the Division of Petroleum Market Oversight.

For purposes of this article and Article 4 (commencing with Section 25373), “division” means the Division of Petroleum Market Oversight.

Division of Petroleum Market Oversight definition of division petroleum market oversight ...

Section § 25372.1

The Division of Petroleum Market Oversight is a newly established division that operates independently from the commission it's part of. It has its own authority to oversee petroleum market activities.

The division is led by a director appointed by the Governor, with the Senate's approval. The director's salary is determined by another part of the Government Code.

The director can hire staff, including economists and legal experts, to help with their functions. These staff members are expected to have expertise in transportation fuels markets and legal investigations.

(a) The Division of Petroleum Market Oversight is hereby established in the commission.

(b) Notwithstanding Chapter 3 (commencing with Section 25200), the division shall operate with authority independent of the commission’s authority.

(c) The division shall be led by a director, who is appointed by the Governor and is subject to confirmation by the Senate, and holds office at the pleasure of the Governor.

(d) The annual salary of the director shall be provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) The director shall employ and prescribe the duties of other staff members as necessary to carry out the provisions of this article. The staff shall include, when feasible, economists, individuals with expertise in the transportation fuels markets, and investigative staff with legal training.

Division of Petroleum Market Oversight independent authority director appointment ...

Section § 25372.2

This law requires a division to monitor California's transportation fuels market to protect consumers. They must identify issues like market power abuses and help ensure fair competition. The division advises various government bodies on fuel assessments and transition plans, and reports findings to the state legislature and others. They have the authority to issue subpoenas and collect evidence to fulfill their duties. Additionally, they can confidentially refer legal violations to the Attorney General.

(a) The division shall do all of the following:

(1) Provide independent oversight and analysis of the transportation fuels markets for the protection of consumers by identifying market design flaws, market power abuses, and any other manner by which market participants act to harm competition or act contrary to the best interests of consumers in the state.

(2) Provide guidance and recommendations to the commission relating to the development of the assessment required by Section 25371 and the Transportation Fuels Transition Plan described in Section 25371.3.

(3) Provide guidance and recommendations to members of the commission, other divisions of the commission, and the California Department of Tax and Fee Administration relating to the reports described in Section 25355.7.

(4) Provide guidance and recommendations to the Governor, members of the commission, and other divisions of the commission on any other issues related to transportation fuels pricing and transportation decarbonization in California.

(5) Report its findings and recommendations to improve market performance at least annually to the Legislature, in accordance with Section 9795 of the Government Code, the Governor, the commission, the Attorney General, and the California Department of Tax and Fee Administration.

(b)

(1) The division may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of any books, papers, records, or other items material to the performance of the division’s duties or exercise of its powers, including, but not limited to, current and historical pricing and sales data and contracts with other petroleum industry participants.

(2) With respect to the division, the director of the division is the “head of a department” for purposes of, and the division may undertake investigations in the manner described in, Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The division may confidentially refer potential violations of law to the Attorney General at any time.

transportation fuels market consumer protection market power abuses ...

Section § 25372.3

In this law, the director of the division must appear before certain committees in the Assembly and Senate if asked. The director's job during these appearances is to update the committees on how well the division is meeting its goals, explain the current state of competition in transportation fuel markets, and share any other information the committees want.

The director of the division shall, when requested, appear before the appropriate policy committees in the Assembly and Senate to provide an update on the division’s performance as compared to its objectives, the status of competition in the transportation fuels markets, and any other information the committees request.

director responsibilities committee appearances division objectives ...

Section § 25372.4

This section of the law outlines how certain information given to a government division in California is kept confidential. Generally, the division cannot share this information unless they decide that sharing it won't harm the competitive position of the source or affect market competition. However, certain entities like the Attorney General or the California Department of Tax and Fee Administration can access this information if they agree to keep it confidential. In case of a court case, the Attorney General can use this information but must keep it sealed. For annual reports, the division must anonymize or generalize the data to prevent competitive harm.

(a) Information provided to the division shall presumptively be confidential and not subject to public disclosure. The division shall not divulge or make known in any manner any information provided to it unless it determines both of the following:

(1) Public disclosure of the specific information would not result in unfair competitive disadvantage to the person supplying the information.

(2) Public disclosure of the specific information would not adversely affect market competition.

(b) Notwithstanding any other law, the division may disclose information deemed confidential under this subdivision to members of the commission, other divisions of the commission, the Attorney General, or the California Department of Tax and Fee Administration if the receiving entity agrees to keep the information confidential, except that the Attorney General may present the information to a court to support an enforcement action but shall submit confidential information under seal where permissible. If the Attorney General requests the assistance of the division in connection with any investigation, the division shall provide information to the Attorney General under this subdivision and any other assistance that is feasible.

(c) For purposes of the division’s annual reports under Section 25372.2, the division shall aggregate data or otherwise anonymize and generalize information as needed to mitigate the risk that public disclosure of the specific information would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition.

confidential information public disclosure unfair competitive disadvantage ...