Cal. Code Regs. tit. 20 § 1366

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 1366 - Requirement to File
(a) Every refiner and nonrefiner, including importers, brokers, and traders as defined in Section 1363.2, that consummates a spot market transaction shall file a daily report containing all of the information specified in Appendix D, Sections I and II, for each transaction or settlement, respectively, occurring the preceding day. No report shall be required for a reporting period in which no transaction or settlement occurs.
(b) Each refiner, as defined in Section 1363.2, shall file weekly reports for each California refinery containing all of the information specified in Appendix A, Section I.
(c) Each refiner, importer, exporter and major petroleum products transporter, as defined in Section 1363.2, shall file weekly reports containing all of the information specified in Appendix A, Section II.
(d) Each refiner, terminal operator and major petroleum products storer, as defined in Section 1363.2, shall file weekly reports containing all of the information specified in Appendix A, Section III.
(e) Each refiner, as defined in Section 1363.2, shall file weekly reports containing all of the information specified in Appendix A, Section IV.
(f) Each merchant terminal operator, as defined in Section 1363.2, shall file California Merchant Terminal Position Holder Weekly Reports containing all of the information specified in Appendix A, Section V.
(g) Each refiner, as defined in Section 1363.2, shall file monthly reports for each California refinery containing all of the information specified in Appendix B, Section I.
(h) Each refiner, as defined in Section 1363.2, shall file monthly reports for each California refinery containing all of the information specified in Appendix B, Section II.
(i) Each refiner, importer, exporter, non-California fuel transporter, marine fuels distributor and major petroleum products transporter, as defined in Section 1363.2, shall file monthly reports containing all of the information specified in Appendix B, Section III.
(j) Each refiner, terminal operator and major petroleum products storer, as defined in Section 1363.2, shall file monthly reports containing all of the information specified in Appendix B, Section IV.
(k) Each refiner, as defined in Section 1363.2, shall file monthly reports containing all of the information specified in Appendix B, Section V.
(l) Each refiner and major petroleum products marketer as defined in Section 1363.2, shall file monthly reports containing all of the information specified in Appendix B, Section VI.
(m) Each merchant terminal operator, as defined in Section 1363.2, shall file California Merchant Terminal Position Holder Monthly Reports containing all of the information specified in Appendix B, Section VIII.
(n) Each refiner, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section I.
(o) Each refiner, terminal operator and major petroleum products storer, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section II.
(p) Each major crude oil transporter, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section III, for each crude oil pipeline system.
(q) Each major petroleum products transporter, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section IV, for each petroleum product pipeline system.
(r) Each major crude oil producer, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section V.
(s) Each refiner, major petroleum products marketer and independent retail fuel outlet operator, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section VI.
(t) Each refiner, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section VII.
(u) Each refiner, terminal operator, major petroleum products storer and marine facility operator, as defined in Section 1363.2, shall file annual reports containing all of the information specified in Appendix C, Section VIII.
(v) Each refiner, as defined in Section 1363.2, that produces gasoline meeting California specifications shall file, for each refinery that it operates, monthly reports containing all of the information specified in Appendix B, Section VII.
(w)
(1) Refiners, traders, brokers, and any other entities that import reportable cargo, as specified in Appendix D, Section III, subsection B, into California and that are either importers of record under federal customs law for such cargo or owners of such cargo prior to arrival, shall file, within 24 hours of such cargo being designated for delivery to California, reports containing all of the information specified in Appendix D, Section III.
(2) In addition to the initial report required under paragraph (1), each importer of record shall file this report for all reportable cargoes presold or resold prior to initial arrival within 24 hours of such presale or resale.
(3) In addition to the initial report required under paragraph (1), the owner of a reportable cargo shall file this report within 24 hours of initial arrival if the cargo is not sold at time of initial arrival at either CA anchorage or CA marine berth.
(4) Except as provided in Appendix D, Section III, subsection A, this report shall be filed at least 96 hours before the arrival of a marine vessel delivery of reportable cargo to California.
(x) Unless otherwise indicated, if a company, by its various activities, satisfies two or more of the definitions in Section 1363.2, it shall file a separate report for each such activity.
(y) Any company required by this article to submit Petroleum Information Reports, which company contains divisions, departments, or subsidiary companies, shall report on behalf of all such divisions, departments, or subsidiaries, provided that such divisions, departments, or subsidiaries would otherwise be required to report pursuant to the provisions of this article.
(z) All reports required by this section shall be on such form and in such format as the Executive Director may require, except as provided below.
(aa) Any person required by this article to submit Petroleum Information Reports may in lieu thereof, submit a report made to any other government agency, provided that the requirements of Public Resources Code Section 25354(g) are satisfied, provided that the Executive Director of the CEC approves in writing to the applicant that the alternative submittal of substitute report information is acceptable and provided that such substitute report is expressed in identical units to those required by this article.
(bb) Any person or company required by this article to submit Petroleum Information Reports in a specific form designated by the CEC may in lieu thereof, electronically submit the required information in a different format, provided that the Executive Director of the CEC approves in writing to the applicant that the alternative format of submittal is acceptable.

Cal. Code Regs. Tit. 20, § 1366

Note: Authority cited: Sections 25213, 25218(e), 25354 and 25367, Public Resources Code. Reference: Sections 25354 and 25355, Public Resources Code.

Note: Authority cited: Sections 25213, 25218(e) and 25354, Public Resources Code. Reference: Section 25354(a), (b), (f), Public Resources Code.

1. Amendment of section and Note filed 1-3-2006; operative 2-2-2006 (Register 2006, No. 1).
2. New subsection (a), subsection relettering and amendment of NOTE filed 2-26-2024 as an emergency; operative 2/26/2024 (Register 2024, No. 9). Pursuant to Public Resources Code section 25367(a) a Certificate of Compliance must be transmitted to OAL by 2-26-2026 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (k), repealer of subsection (l), new subsections (t)-(u)(4), subsection relettering and amendment of NOTE filed 5-20-2024 as a deemed emergency pursuant to Public Resources Code section 25367(a); operative 5/20/2024 (Register 2024, No. 21). Pursuant to Public Resources Code section 25367(a), a Certificate of Compliance must be transmitted to OAL by 5-20-2026 or emergency language will be repealed by operation of law on the following day.
4. New subsections (f) and (m) and subsection relettering filed 7-22-2024 as a deemed emergency pursuant to Public Resources Code section 25367(a); operative 7/22/2024 (Register 2024, No. 30). A Certificate of Compliance must be transmitted to OAL by 7-22-2026 or emergency language will be repealed by operation of law on the following day.