CS/CS/HB 1209 Summary

• Defines "proprietary business information" as information owned by an applicant that is intended to be private, not publicly disclosed, and includes trade secrets, leasing plans, competitive interests, and well design plans.

• Makes proprietary business information related to high-pressure well stimulations held by the Department of Environmental Protection confidential and exempt from public records requirements if the submitter requests confidentiality, explains the basis for the claim, and clearly marks proprietary portions.

• Requires the department to notify the information submitter within 10 days of receiving a public records request for marked proprietary information, allowing the submitter 10 days to file a circuit court action to prevent disclosure; failure to file constitutes a waiver of confidentiality claims.

• Allows disclosure of confidential proprietary information to other governmental entities that agree in writing to maintain confidentiality, and when relevant in proceedings under the statute, with court officers required to maintain confidentiality.

• Sunsets the exemption on October 2, 2020, unless reenacted by the Legislature, and takes effect contingent upon CS/HB 1205 or similar legislation becoming law in the same legislative session.