BILL ANALYSIS
SB 772
Page 1
Date of Hearing: August 20, 2003
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
SB 772 (Bowen) - As Amended: April 29, 2003
Policy Committee:
UtilitiesVote:11-0
Governmental Organization 20-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill
1)Requires the California Energy Commission (CEC) to grant a
request for disaggregated or unmasked records of confidential
information if such disclosure will not result in an unfair
competitive disadvantage to the person that submitted the
information, unless the public interest served by denying the
request outweighs the public interest served by disclosure, or
unless another provision of law exempts disclosure.
2)Specifies that confidential information withheld by the CEC
under this section shall not be subject to disclosure under
the California Public Records Act.
FISCAL EFFECT
Minor absorbable costs to the CEC.
COMMENTS
1)Background . The CEC has various energy planning and
forecasting duties, including the preparation of reports on
electricity and natural gas demand, energy efficiency,
renewable technologies, public interest energy research,
climate change, environmental performance of power plants, and
the use, availability and price of transportation fuels.
Public Resources Code Section 25322 provides the manner by
which the CEC must handle requests for records of information
submitted to it by various business interests that deal with
SB 772
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energy resources.
2)Purpose . SB 1389 (Bowen)-Chapter 568/Statutes of 2002, as
passed by the Senate, included a provision for the handling of
requests for records of information submitted to CEC for the
purpose of preparing the Integrated Energy Policy Report. The
provision was later deleted from the bill in the Assembly
Utilities and Commerce Committee. SB 772 reinserts this
language into Public Resources Code. The author believes that
it is necessary to include this language in order to strike
the proper balance between the 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.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081