BILL ANALYSIS
SB 772
Page 1
SENATE THIRD READING
SB 772 (Bowen)
As Amended April 29, 2003
Majority vote
SENATE VOTE :29-3
UTILITIES AND COMMERCE 11-0 GOVERNMENTAL ORGANIZATION
20-0
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|Ayes:|Reyes, Richman, Calderon, |Ayes:|Jerome Horton, |
| |Canciamilla, Diaz, La | |Strickland, Bermudez, |
| |Malfa, Levine, Maddox, | |Chavez, Cohn, Corbett, |
| |Nunez, Ridley-Thomas, | |Dymally, Frommer, Harman, |
| |Wolk | |La Suer, Levine, Liu, |
| | | |Maddox, McCarthy, |
| | | |Negrete McLeod, Nunez, |
| | | |Reyes, Wiggins, Wyland, |
| | | |Yee |
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APPROPRIATIONS 22-1
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|Ayes:|Steinberg, Bates, Berg, | | |
| |Calderon, Corbett, | | |
| |Correa, Daucher, Diaz, | | |
| |Goldberg, Leno, | | |
| |Maldonado, Nation, | | |
| |Negrete McLeod, Nunez, | | |
| |Pacheco, Pavley, | | |
| |Ridley-Thomas, Runner, | | |
| |Samuelian, Simitian, | | |
| |Wiggins, Yee | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Haynes | | |
| | | | |
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SUMMARY : 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.
SB 772
Page 2
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).
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor absorbable costs to the California
Energy Commission.
COMMENTS : Last year SB 1389 (Bowen), Chapter 568, Statutes of
2002, includes 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 Government 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.
Analysis Prepared by : Daniel Kim / U. & C. / (916) 319-2083
FN: 0002879