Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to investigations and government operations |
Jan 21, 2015 |
referred to investigations and government operations |
Senate Bill S2187
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S2187 (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §87, Pub Off L; add §114-b, Pub Serv L
- Versions Introduced in 2017-2018 Legislative Session:
-
S1204
2015-S2187 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2187 TITLE OF BILL: An act to amend the public officers law and the public service law, in relation to trade secrets PURPOSE: To limit the ability of a utility company to claim trade secret exemption for documents submitted to the PSC in support of a rate hike and to define the term "trade secret" in the state's FOIL law. SUMMARY OF PROVISIONS: Section 1. Amends paragraph (d) of subdivision 2 of section 87 of the public officers law to establish a definition for the term "trade secrets." Section 2. Adds a new section 114-b to the public service law to establish a presumption that any records submitted by utility companies to the Public Service Commission in connection with any proceeding relating to any rate or charge to be imposed on customers shall be subject to disclosure pursuant to Article 6 of the public officers law (FOIL). This section also establishes a procedure for companies to seek exemption from disclosure for any records that may
2015-S2187 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2187 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law and the public service law, in relation to trade secrets THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 87 of the public officers law, as amended by chapter 289 of the laws of 1990, is amended to read as follows: (d) are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enter- prise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise; FOR THE PURPOSES OF THIS SECTION, THE TERM "TRADE SECRETS" SHALL MEAN ANY FORMULA, PATTERN, DEVICE OR COMPILATION OF INFORMATION WHICH IS USED IN A COMMERCIAL ENTERPRISE, AND WHICH PROVIDES AN OPPORTUNITY TO OBTAIN AN ADVANTAGE OVER COMPETITORS WHO DO NOT KNOW OR HAVE ACCESS TO IT; S 2. The public service law is amended by adding a new section 114-b to read as follows: S 114-B. RECORDS CONTAINING TRADE SECRETS OR CONFIDENTIAL COMMERCIAL INFORMATION. 1. ANY INFORMATION FILED WITH THE COMMISSION BY A PUBLIC UTILITY COMPANY IN CONNECTION WITH ANY PROCEEDING RELATING TO ANY RATE OR CHARGE TO BE IMPOSED ON CUSTOMERS SHALL BE PRESUMED TO BE SUBJECT TO PUBLIC DISCLOSURE IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 2. (A) ANY PUBLIC UTILITY COMPANY SUBMITTING RECORDS IN CONNECTION WITH ANY PROCEEDING RELATING TO ANY RATE OR CHARGE IMPOSED ON CUSTOMERS REQUESTING TRADE SECRET OR CONFIDENTIAL COMMERCIAL STATUS FOR ALL OR A PORTION OF THE INFORMATION CONTAINED THEREIN SHALL SUBMIT SUCH RECORDS TO THE DEPARTMENT AND SHALL CLEARLY IDENTIFY THE RECORDS OR PORTIONS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01540-01-5
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