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S2187Senate2015-2016 Session

Relates to records containing trade secrets or confidential commercial information

Sponsor David CarlucciSD-38Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Social Services

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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 contain trade secrets or confidential commercial information.

Section 3. Effective date.

Justification

The Public Service Commission (PSC) is responsible for reviewing rate increase requests from utility companies. Often times, however, utility companies will submit incomplete and/or heavily redacted records to the PSC as justification for the increase they're seeking, claiming an exemption for trade secrets or confidential commercial information from disclosure under the state's Freedom of Information Law statute. New Yorkers already pay some of the highest utility rates in the country and it's unthinkable that a utility company should be able to increase rates to consumers without providing ample justification for such increase. The ratepayers of the state deserve to know that the rates and charges they pay are fair and reasonable and utility companies should not be able to hide behind trade secret or confidential commercial information protections.

Legislative history

New bill.

Fiscal implications

None to state.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.