143-345.14. Authority to collect data; administration and enforcement; confidentiality.
(a) The Department of Administration shall have the authority to obtain from prime suppliers of petroleum products specific petroleum supply data concerning State-level sales and projected sales by month for North Carolina that is currently reported on the federal Form EIA-782C, "Monthly Report of Petroleum Products Sold in States for Consumption" or its successor, at such time that these data requirements are not being met through any federal reporting procedure. The petroleum products subject to this reporting requirement are: finished gasoline (all grades), #1 distillate, kerosene, #2 fuel oil, #2 diesel fuel, aviation gasoline (finished), kerosene-type jet fuel, naphtha-type jet fuel, #4 fuel, residual fuel oil (less than or equal to one percent sulfur), residual fuel oil (greater than one percent sulfur), propane (consumer grade). The authority to collect energy data from suppliers of petroleum products into North Carolina, that is granted to the Department of Administration in this section, shall be limited to the petroleum volume data that is reported on the Form EIA-782C or its successor.
(b) "Prime suppliers" shall be defined as those suppliers which make the first sale of the named product into North Carolina, excluding jobbers, distributors, and retail dealers.
(c) The Department of Administration shall adopt rules and regulations for the administration of this data collection program and the Attorney General and the law enforcement authorities of the State and its political subdivisions shall enforce the provisions of this section and all orders, rules, and regulations promulgated thereunder. Any enforcement action may be brought upon the relation of the Department of Administration or the direction of the Attorney General.
(d) Any person or corporation who willfully refuses to provide the petroleum supply data in accordance with the conditions described herein, or who knowingly or willfully submits false information in any reports required herein or refuses to file any reports shall be guilty of a Class 1 misdemeanor.
(e) Any civil action brought to enforce the provisions of this section shall be brought in the Superior Court of Wake County or in the superior court of the county in which the acts or practices constituting a violation occurred or are occurring.
(f) The Department of Administration shall keep confidential any individually identifiable energy information to the extent necessary to comply with the confidentiality requirements of the reporting agency, and any such information shall not be subject to the public disclosure requirements of G.S. 132-6. "Individually identifiable energy information" shall be defined as any individual record or portion of a record or aggregated data containing energy information about a person or persons obtained from any source, the disclosure of which could reasonably be expected to reveal information about a specific person. (2000-140, s. 76(i).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 36 - Department of Administration.
§ 143-335 - Department of Administration created.
§ 143-340 - Powers and duties of Secretary.
§ 143-341 - Powers and duties of Department.
§ 143-341.2 - Proactive management of State-owned and State-leased real property portfolio.
§ 143-342 - Rules governing allocation of property and space.
§ 143-342.1 - State-owned office space; fees for use by self-supporting agencies.
§ 143-343 - General Services Division.
§ 143-344 - Transfer of functions, property, records, etc.
§ 143-345.1 - Rules and regulations.
§ 143-345.2 - Disorderly conduct in and injury to public buildings and grounds.
§ 143-345.3 - Construction and repair of public buildings; use of Contingency and Emergency Fund.
§ 143-345.4 - Moore and Nash squares and other public lots.
§ 143-345.5 - Program for location and construction of future public buildings.
§ 143-345.6 - Recodified as § 147-54.3 by Session Laws 1991, c689, s181(b).
§ 143-345.7 - Repair and reconstruction of the Western Residence of the Governor.
§ 143-345.8 - North Carolina Purchase Directory.
§ 143-345.9 - Official "Prisoner of War/Missing in Action" flag to be flown over the State Capitol.
§ 143-345.10 - Parking of maintenance vehicles.
§ 143-345.11 - Secretary's approval of plans for State buildings required.
§ 143-345.13 - Reporting of stocks of coal and petroleum fuels.
§ 143-345.14 - Authority to collect data; administration and enforcement; confidentiality.
§ 143-345.16 - Recodified as G.S143B-437.14 by Session Laws 2010-96, s21, effective July 20, 2010.
§ 143-345.17 - Recodified as G.S143B-437.15 by Session Laws 2010-96, s21, effective July 20, 2010.
§ 143-345.18 - Recodified as G.S143B-437.16 by Session Laws 2010-96, s21, effective July 20, 2010.