AB 1520,
as amended, begin deleteCommittee on Judiciaryend delete begin insertMark Stoneend insert. Public Records.
The California Public Records Act requires that public records, as defined, be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, with specified exceptions. Existing law provides that the act shall not be construed to require the disclosure of specified information concerning utility customers of local agencies, except for certain purposes.
This billbegin delete would, instead, provide that the act shall not be construed to require the disclosure of specified information concerning residential utility customers of local agencies.end deletebegin insert would remove requests for usage rates of
industrial, institutional, and commercial water users from that exception to required disclosure.end insert By increasing the duties of local officials, the bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6254.16 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insertNothing in this chapter shall be construed to
4require the disclosure of the names, credit histories, utility usage
5data, home addresses, or telephone numbers ofbegin delete residentialend delete utility
6customers of localbegin delete agencies, except thatend deletebegin insert agencies.end insert
7begin insert(b)end insertbegin insert end insertbegin insertNotwithstanding subdivision (a),end insert disclosure of the names,
8utility usage data, and home addresses ofbegin delete residentialend delete utility
9customers of local agencies shall be made available upon request
10as follows:
11(a)
end delete
12begin insert(1)end insert To an agent or authorized family member of the person to
13whom the information pertains.
14(b)
end delete
15begin insert(2)end insert To an officer or employee of another governmental agency
16when necessary for the performance of its official duties.
17(c)
end delete
18begin insert(3)end insert Upon court order or the request of a law enforcement agency
19relative to an ongoing investigation.
20(d)
end delete
21begin insert(4)end insert Upon determination by the local agency that thebegin delete residentialend delete
22
utility customer who is the subject of the request has used utility
P3 1services in a manner inconsistent with applicable local utility usage
2policies.
3(e)
end delete
4begin insert(5)end insert Upon determination by the local agency that thebegin delete residentialend delete
5 utility customer who is the subject of the request is an elected or
6appointed official with authority to determine the utility usage
7policies of the local agency, provided that the home address of an
8appointed official shall not be disclosed without his or her consent.
9(f)
end delete
10begin insert(6)end insert Upon determination by the local agency that the public
11interest in disclosure of the information clearly outweighs the
12public interest in nondisclosure.
13
(c) Notwithstanding subdivision (a), water usage rates of
14industrial, institutional, and commercial utility customers of local
15agencies shall be made available upon request.
The Legislature finds and declares that Section 1 of
17this act, which amends Section 6254.16 of the Government Code,
18furthers, within the meaning of paragraph (7) of subdivision (b)
19of Section 3 of Article I of the California Constitution, the purposes
20of that constitutional section as it relates to the right of public
21access to the meetings of local public bodies or the writings of
22local public officials and local agencies. Pursuant to paragraph (7)
23of subdivision (b) of Section 3 of Article I of the California
24Constitution, the Legislature makes the following findings:
25The
Legislature finds that it is in the public’s interest to know
26the usage rates of industrial, institutional, and commercial water
27and energy users. Unlike residential utility users, the privacy
28interests of industrial, institutional, and commercial users are not
29sufficient to justify granting an exemption from the public
30disclosure requirements, in this context.
31
The Legislature finds that it is in the public’s interest to know
32the water usage rates of industrial, institutional, and commercial
33utility customers of local agencies. Unlike residential utility water
34users, the privacy interests of industrial, institutional, and
35commercial water users are not sufficient to justify granting an
36exemption from the public disclosure requirements on local
37agencies, in this context.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4 1district under this act would result from a legislative mandate that
2is within the scope of paragraph (7) of subdivision (b) of Section
33 of Article I of the California Constitution.
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