BILL ANALYSIS
SB 772
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Date of Hearing: June 30, 2003
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Sarah Reyes, Chair
SB 772 (Bowen) - As Amended: April 29, 2003
SENATE VOTE : 29-3
SUBJECT : State Energy Resources Conservation and Development
Commission: reports: confidentiality and disclosure.
SUMMARY : This bill establishes the test to be used by the State
Energy Resources Conservation and Development Commission (ERCDC)
in granting a written request for disaggregated or unmasked
records of confidential information it has received or
developed. Specifically, this bill :
1)Requires disclosure of disaggregated or unmasked confidential
records of information, upon a written request, by ERCDC if
disclosure does not result in unfair competitive disadvantage
to the person that submitted the confidential information.
ERCDC may not disclose confidential information if it
determines that the public interest outweighs the disclosure
of the information and or another applicable law exempts the
information from disclosure.
2)Specifies that confidential information withheld by ERCDC
under this section shall not be subject to disclosure under
the California Public Records Act (PRA).
EXISTING LAW :
1)Specifies that persons submitting information to ERCDC for the
purpose of developing the Integrated Energy Policy Report may
request that specific information be held in confidence, and
requires ERCDC to grant the request under specified
circumstances.
2)Requires ERCDC to aggregate or mask confidential information
to the extent necessary to assure confidentiality if public
disclosure of the specific information would result in unfair
competitive disadvantage to the person supplying the
information.
3)Establishes a process for ERCDC to disclose disaggregated or
SB 772
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unmasked confidential records upon receipt of a written
request and a ruling by the commission or its designee that
shows disclosing the information will not result in unfair
competitive disadvantage to the person that submitted the
information.
4)Requires ERCDC to withhold disclosure of confidential
information for up to 14 working days, allowing the submitter
to seek judicial review, if ERCDC grants the request for
information.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the author last year SB 1389 (Bowen) as passed by
the Senate included language provisions for the handling of
requests for records of information submitted to ERCDC for the
purpose of preparing the Integrated Energy Policy Report. The
author believes, that it is necessary to put this language back
in because it strikes the proper balance between private
interest in maintaining the confidentiality of sensitive
commercial information and the public interest in understanding
the functioning of energy markets and institutions which serve
as the basis for important public decisions.
The language in this bill mirrors language in PRA. PRA, Chapter
3.5, Article 1 of the Gov. Code has similar language that is
proposed in this bill that access to information concerning the
conduct of the people's business is a fundamental and necessary
right of every person in this state unless exempted within PRA.
ERCDC has established thorough proceedings that certain
categories of information is to remain confidential and would
not be subject to disclose under PRA.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
SB 772
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None on file.
Analysis Prepared by : Daniel Kim / U. & C. / (916) 319-2083