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CS/HB 649 — Public Records/Proprietary Confidential Business Information

by Rep. Cummings (CS/SB 714 by Communications, Energy, and Public Utilities Committee and Senator Simmons)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Communications, Energy, and Public Utilities Committee (CU)

The bill creates a public records exemption for proprietary confidential business information held by an electric utility in conjunction with a due diligence review of an electric project or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources. With the exemption, more private or out-of-state entities may be encouraged to participate in such projects and share information with electric utilities. The bill requires that the proprietary confidential business information be held by the electric utility for one year following the due diligence review.

The bill provides for repeal of the exemption on October 2, 2018, unless reviewed and saved from repeal by the Legislature. It also provides a statement of public necessity as required by the State Constitution.

If approved by the Governor, these provisions take effect July 1, 2013.

Vote: Senate 37-0; House 109-8