S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1204
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law and the public service  law,  in
   relation to trade secrets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 2 of section 87 of the  public
 officers  law, as amended by chapter 289 of the laws of 1990, is amended
 to read as follows:
   (d) are trade secrets or are submitted to an agency  by  a  commercial
 enterprise or derived from information obtained from a commercial enter-
 prise  and  which  if  disclosed  would  cause substantial injury to the
 competitive position of the subject enterprise; FOR THE PURPOSES OF THIS
 SECTION, THE TERM "TRADE  SECRETS"  SHALL  MEAN  ANY  FORMULA,  PATTERN,
 DEVICE  OR  COMPILATION  OF  INFORMATION  WHICH  IS USED IN A COMMERCIAL
 ENTERPRISE, AND WHICH PROVIDES AN OPPORTUNITY  TO  OBTAIN  AN  ADVANTAGE
 OVER COMPETITORS WHO DO NOT KNOW OR HAVE ACCESS TO IT;
   §  2.  The public service law is amended by adding a new section 114-b
 to read as follows:
   § 114-B. RECORDS CONTAINING TRADE SECRETS OR  CONFIDENTIAL  COMMERCIAL
 INFORMATION.  1.  ANY  INFORMATION FILED WITH THE COMMISSION BY A PUBLIC
 UTILITY COMPANY IN CONNECTION WITH ANY PROCEEDING RELATING TO  ANY  RATE
 OR  CHARGE TO BE IMPOSED ON CUSTOMERS SHALL BE PRESUMED TO BE SUBJECT TO
 PUBLIC DISCLOSURE IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC  OFFICERS
 LAW.
   2.  (A)  ANY  PUBLIC  UTILITY COMPANY SUBMITTING RECORDS IN CONNECTION
 WITH ANY PROCEEDING RELATING TO ANY RATE OR CHARGE IMPOSED ON  CUSTOMERS
 REQUESTING  TRADE  SECRET OR CONFIDENTIAL COMMERCIAL STATUS FOR ALL OR A
 PORTION OF THE INFORMATION CONTAINED THEREIN SHALL SUBMIT  SUCH  RECORDS
 TO  THE  DEPARTMENT  AND  SHALL CLEARLY IDENTIFY THE RECORDS OR PORTIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01946-01-7

 S. 1204                             2
 
 THEREOF CONSIDERED TO BE CONFIDENTIAL. WHERE THE REQUEST ITSELF CONTAINS
 INFORMATION WHICH IF DISCLOSED WOULD DEFEAT THE PURPOSE  FOR  WHICH  THE
 EXCEPTION  IS  SOUGHT,  SUCH  INFORMATION  SHALL  ALSO  BE EXCEPTED FROM
 DISCLOSURE UNTIL A FINAL DETERMINATION ON THE REQUEST IS MADE.
   (B)  A  PUBLIC  UTILITY  COMPANY  SEEKING  TO  EXEMPT INFORMATION FROM
 DISCLOSURE PURSUANT TO PARAGRAPH  (D)  OF  SUBDIVISION  TWO  OF  SECTION
 EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW SHALL SUBMIT SUCH REQUEST TO THE
 DEPARTMENT IN WRITING AND SHALL, IN ALL CASES, PRESENT SPECIFIC, PERSUA-
 SIVE  EVIDENCE  THAT  DISCLOSURE  WILL  CAUSE IT TO SUFFER A COMPETITIVE
 INJURY. FACTORS TO BE CONSIDERS INCLUDE, BUT ARE NOT LIMITED TO:
   (I) THE EXTENT TO WHICH THE DISCLOSURE CAN BE  DEMONSTRATED  TO  CAUSE
 UNFAIR ECONOMIC OR COMPETITIVE DAMAGE TO THE PUBLIC UTILITY COMPANY;
   (II)  THE  EXTENT  TO WHICH THE INFORMATION IS KNOWN BY OTHERS AND CAN
 INVOLVE SIMILAR ACTIVITIES;
   (III) THE DEMONSTRATED WORTH OR VALUE OF THE INFORMATION TO THE PUBLIC
 UTILITY COMPANY;
   (IV) THE DEGREE OF DIFFICULTY AND COST OF DEVELOPING THE INFORMATION;
   (V) THE EASE OR DIFFICULTY ASSOCIATED WITH  OBTAINING  OR  DUPLICATING
 THE  INFORMATION BY OTHERS WITHOUT THE PUBLIC UTILITY COMPANY'S CONSENT;
 AND
   (VI) OTHER PROVISIONS OF STATUTE OR REGULATION SPECIFICALLY  EXEMPTING
 THE INFORMATION FROM DISCLOSURE.
   3. INFORMATION SUBMITTED AS PROVIDED IN THIS SECTION SHALL BE EXEMPTED
 FROM DISCLOSURE AND BE MAINTAINED APART BY THE DEPARTMENT FROM ALL OTHER
 RECORDS  UNTIL  FIFTEEN DAYS AFTER THE ENTITLEMENT TO SUCH EXEMPTION HAS
 BEEN FINALLY DETERMINED OR SUCH FURTHER TIME AS ORDERED BY  A  COURT  OF
 COMPETENT JURISDICTION.
   4.  THE  PUBLIC  UTILITY  COMPANY REQUESTING EXEMPTION FROM DISCLOSURE
 PURSUANT TO THIS SECTION SHALL IN ALL PROCEEDINGS  HAVE  THE  BURDEN  OF
 PROVING ENTITLEMENT TO THE EXEMPTION.
   5.  FAILURE TO IDENTIFY TRADE SECRET OR CONFIDENTIAL COMMERCIAL INFOR-
 MATION AT THE TIME OF SUBMISSION MAY MAKE THE INFORMATION ACCESSIBLE  TO
 OTHERS  WITHOUT  NOTICE  TO THE PUBLIC UTILITY COMPANY UNLESS A SPECIFIC
 EXEMPTION FROM DISCLOSURE BY OTHER STATUTES OR REGULATIONS  PERTAINS  TO
 THE INFORMATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.