Florida Senate - 2013 SB 984 By Senator Richter 23-01597-13 2013984__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 377.24075, F.S.; creating an exemption from public 4 records requirements for certain information provided 5 in an application for a natural gas storage facility 6 permit to inject and recover gas into and from a 7 natural gas storage reservoir; providing for future 8 review and repeal of the public records exemption 9 under the Open Government Sunset Review Act; providing 10 a statement of public necessity; providing a 11 contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 377.24075, Florida Statutes, is created 16 to read: 17 377.24075 Exemption from public records requirements.— 18 (1) Any information that an applicant provides to the 19 Department of Environmental Protection pursuant to s. 377.2407 20 relating to leasing plans, exploration budgets, proprietary well 21 design or completion plans, geological or engineering studies 22 related to storage reservoir performance characteristics, field 23 utilization strategies or operating plans, commercial or 24 marketing studies, or other proprietary confidential business 25 information or trade secret as defined in s. 812.081 which could 26 provide an economic advantage to competitors is confidential and 27 exempt from s. 119.07(1) for a period of 10 years. 28 (2) This section is subject to the Open Government Sunset 29 Review Act in accordance with s. 119.15 and shall stand repealed 30 on October 2, 2018, unless reviewed and saved from repeal 31 through reenactment by the Legislature. 32 Section 2. (1) The Legislature finds that it is a public 33 necessity that information provided to the Department of 34 Environmental Protection which relates to leasing plans, 35 exploration budgets, proprietary well design or completion 36 plans, geological or engineering studies related to storage 37 reservoir performance characteristics, field utilization 38 strategies or operating plans, commercial or marketing studies, 39 or other proprietary confidential business information or trade 40 secret provided by a person in conjunction with an application 41 to establish an underground natural gas storage facility as 42 defined in s. 377.19, Florida Statutes, be made confidential and 43 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 44 Article I of the State Constitution for a period of 10 years. 45 The disclosure of such proprietary confidential business 46 information or trade secret could injure an applicant in the 47 marketplace by giving competitors detailed insight into 48 technical assessments, design, and experience, thereby putting 49 the applicant at a competitive disadvantage. Without this 50 exemption, applicants could be less willing to expend or commit 51 to expend the substantial resources necessary to determine the 52 feasibility of establishing, permitting, and operating an 53 underground natural gas storage facility, resulting in limited 54 opportunities for developing the additional natural gas storage 55 capacity that Florida critically needs to meet current and 56 future residential, commercial, and industrial energy needs. The 57 resulting lack of resources could hinder the ability of electric 58 utility services to optimize services to their customers and 59 could adversely affect those customers by depriving them of the 60 opportunities and energy security that comes with domestic 61 reserves of natural gas stored underground. 62 (2) Proprietary confidential business information and trade 63 secret information derives actual or potential independent 64 economic value from not being generally known to, and not being 65 readily ascertainable by, other persons who can derive economic 66 value from its disclosure or use. The Department of 67 Environmental Protection, in the course of reviewing and issuing 68 permitting decisions relating to underground natural gas storage 69 facility permits, may need to obtain proprietary confidential 70 business information. Disclosure of such information could 71 destroy the value of that property, if disclosed within 10 years 72 after submittal, and could not only cause economic harm to the 73 applicant providing the information, but the reduced competition 74 for provision of domestic underground storage of natural gas 75 could also adversely affect energy utility customers. The 76 exemption created by this act will enhance the ability to 77 increase domestic storage of natural gas, thereby creating a 78 significant benefit to energy utility customers. In finding that 79 the public records exemption created by this act is a public 80 necessity, the Legislature also finds that any public benefit 81 derived from disclosure of the information is significantly 82 outweighed by the public and private harm that could result from 83 disclosure within 10 years after submittal of such proprietary 84 confidential business information. 85 Section 3. This act shall take effect October 1, 2013, if 86 SB ______ or similar legislation is adopted in the same 87 legislative session or an extension thereof and becomes a law.