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PRINTER'S NO. 1510
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1397
Session of
2021
INTRODUCED BY QUINN, SAPPEY AND BURGOS, MAY 14, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 14, 2021
AN ACT
Amending the act of November 29, 2006 (P.L.1435, No.156),
entitled "An act relating to confidential security
information of public utilities; and imposing penalties,"
further providing for procedures for submitting, challenging
and protecting confidential security information, for
applicability to other law and for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(b) of the act of November 29, 2006
(P.L.1435, No.156), known as the Public Utility Confidential
Security Information Disclosure Protection Act, is amended and
the section is amended by adding a subsection to read:
Section 3. Procedures for submitting, challenging and
protecting confidential security information.
* * *
(b) Submission of confidential security information.--An
agency shall develop filing protocols and procedures for public
utilities to follow when submitting records, including protocols
and procedures for submitting records containing confidential
security information. Such protocols and procedures shall
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instruct public utilities who submit records to an agency to
separate their information into at least two categories:
(1) Public.--Records or portions thereof subject to the
provisions of the act of [June 21, 1957 (P.L.390, No.212),
referred to] February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
(2) Confidential.--Records or portions thereof requested
to be treated as containing confidential security information
and not subject to the Right-to-Know Law.
(b.1) Review of confidential security information.--A public
utility shall have the opportunity to examine the public
utility's records at an agency's office for existing
confidential security information. When the public utility
identifies a record or portion thereof as containing
confidential security information under this subsection, the
public utility may resubmit the confidential security
information to the agency or replace the confidential security
information in accordance with the procedures specified under
this section.
* * *
Section 2. Sections 4 and 5 of the act are amended to read:
Section 4. Applicability to other law.
Public utility records or portions thereof which contain
confidential security information, in accordance with the
provisions of this act, shall not be subject to the provisions
of the act of [June 21, 1957 (P.L.390, No.212), referred to]
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Section 5. Prohibition.
(a) General rule.--An agency shall not release, publish or
otherwise disclose a public utility record or portion thereof
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which contains confidential security information, in accordance
with the provisions of this act. Nothing in this subsection
shall be construed to prohibit an agency from sharing a public
utility record or portion thereof which contains confidential
security information with another agency through an interagency
agreement and in accordance with the document tracking system
established under section 3(d)(5).
(b) Exception.--Notwithstanding subsection (a), an agency
may, after notification and consultation with the public
utility, disclose a public utility record or portion thereof
which contains confidential security information, in accordance
with the provisions of this act, that is necessary for
construction, renovation or remodeling work on any public
building or project. Release or disclosure of such records or
portions thereof for these purposes does not constitute
prohibited disclosure under subsection (a) and does not result
in such records or portions thereof becoming public records
subject to the provisions of the act of [June 21, 1957 (P.L.390,
No.212), referred to] February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
Section 3. This act shall take effect in 30 days.
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