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ID S1238

Bill

Status

Passed

3/23/2016

Primary Sponsor

Resources and Environment Committee

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Origin

Senate

2016 Regular Session

AI Summary

  • Amends Section 74-114, Idaho Code to authorize inspection and copying of records relating to water quality required by the federal Clean Water Act for state primacy over delegated programs.

  • Adds IPDES (Idaho Pollutant Discharge Elimination System) permit applications and related information to the list of records subject to public inspection and copying, regardless of other exemptions.

  • Establishes procedures for protecting trade secrets identified by submitters, including a 10-working-day response requirement for claims of confidentiality and director review within 3 working days.

  • Allows district court appeals of director determinations regarding trade secret status, filed within 10 working days, with information remaining confidential until appeal period expires or court order issued.

  • Permits courts to award reasonable costs and attorney's fees to prevailing parties in trade secret appeals if the confidentiality claim or director's decision was frivolously pursued.

Legislative Description

Amends existing law to authorize inspection and copying of certain records relating to water quality.

PUBLIC RECORDS

Last Action

Became law without Governor's signature on 03/23/16 Session Law Chapter 146 Effective: 07/01/2016

3/23/2016

Committee Referrals

Judiciary and Rules2/2/2016

Full Bill Text

No bill text available