79-6-411. Refinery production report.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Barrel" means an amount equal to 42 gallons of oil at atmospheric pressure and at a temperature of 60 degrees Fahrenheit.

(b)"Crude oil" means hydrocarbons, regardless of gravity, that occur naturally in the gaseous phase in the reservoir and are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface infield separators.

(c)"Finished petroleum product" means a product resulting from petroleum refining, including gasoline, diesel fuel, jet fuel, kerosene, fuel oils, lubricating oils, asphalt, petroleum coke, liquefied petroleum gases, and other products derived from the refining process.

(d)"Petroleum refined" means the volume of crude oil and unfinished petroleum products introduced into the refining process.

(e)"Refine" means the industrial process of converting crude oil or unfinished petroleum products into finished petroleum products through distillation, cracking, reforming, blending, or other chemical or physical processes.

(f)"Refiner" means a person that owns, operates, or controls a refinery.

(g)"Refinery" means a facility located in this state at which petroleum refining is conducted, including processing units, storage facilities, and associated infrastructure under common ownership or operational control at a single geographic location or integrated complex.

(2)Beginning July 1, 2026, and quarterly thereafter, a refiner shall provide to the office a report that includes:

(a)the total number of barrels of crude oil refined at the refinery in the previous calendar quarter;

(b)the total quantity of the products derived and produced from refining at the refinery in the previous calendar quarter;

(c)the total quantity of finished petroleum products, itemized by type, that arrived at the refinery or terminal in the previous calendar quarter; and

(d)the total quantity of finished petroleum products, itemized by type, that leave the refinery or terminal.

(a)The office shall compile the data received in the report described in Subsection

(2)for each refiner.

(b)The office shall provide the compiled data described in Subsection (3)(a) in an aggregated form to the Division of Oil, Gas, and Mining on a quarterly basis.

(a)Information provided to the office under this section is:

(i)a protected record under Title 63G, Chapter 2, Government Records Access and Management Act;

(ii)confidential commercial information; and

(iii)a trade secret for purposes of state law.

(b)Information described in Subsection (4)(a) is not subject to disclosure, inspection, or copying under Title 63G, Chapter 2, Government Records Access and Management Act, or any other state law.

(c)The protected status of information under this section is mandatory and does not require a claim or assertion by the reporting entity.

(a)The office or any state agency may not release, publish, or disclose information reported under this section in a manner that identifies, or could reasonably be used to identify:

(i)a refinery;

(ii)a refiner;

(iii)a facility; or

(iv)operational proprietary business information.

(b)Information may be released only in aggregated statistical form that prevents identification of a reporting entity.

(a)Information collected under this section may be used only for:

(i)statewide statistical analysis; or

(ii)energy planning purposes.

(b)Information collected under this section may not be used as the basis for:

(i)regulatory enforcement;

(ii)administrative action;

(iii)market intervention;

(iv)price regulation;

(v)civil or criminal investigation; or

(vi)any action against a reporting entity, except for enforcement of the reporting requirement under this section.

(a)Information reported under this section may not be shared with another state agency or political subdivision unless:

(i)the receiving entity agrees in writing to maintain confidentiality protections at least as stringent as those provided in this section; and

(ii)the information is used only for purposes permitted under Subsection

(6).

(b)Information may not be disclosed to the public or a private party through interagency transfer.

(8)Information reported under this section may not be disclosed to a federal agency unless disclosure is required by federal law and the receiving agency provides written assurance that the information will be protected by confidentiality protections at least as stringent as those provided under federal law governing refinery reporting data.

(a)Information reported under this section is not subject to subpoena, discovery, or admission into evidence in any civil, criminal, or administrative proceeding.

(b)A court may not order disclosure of information reported under this section.

(a)The office shall adopt rules establishing a secure procedure for submission, storage, and handling of information reported under this section.

(b)The office shall implement administrative, technical, and physical safeguards to protect the confidentiality and integrity of the information.

(a)The office may retain reported information only for the minimum period necessary to perform the purposes described in Subsection

(6).

(b)The office shall securely destroy confidential information after the retention period.

(a)A person who knowingly discloses information protected under this section is guilty of a class A misdemeanor.

(b)A reporting entity may bring a civil action for damages, injunctive relief, and attorney fees against a person or government entity that unlawfully discloses protected information.

(13)Submission of information under this section does not waive any privilege or protection under state or federal law.

(14)This section shall be interpreted to provide confidentiality protections at least as stringent as protections applied to refinery operational data collected by the United States Energy Information Administration.

Enacted by Chapter 326 , 2026 General Session