2347-S2 AMH SHOR H4260.2

2SHB 2347  - H AMD752
     By Representative Short

WITHDRAWN 02/18/2014

     On page 3, line 4, after "delivered" insert "crude"

     On page 3, line 5, after "of" insert "crude"

     On page 3, line 6, after "of" insert "crude"

     On page 3, line 11, after "any" insert "crude"

     On page 3, line 12, after "railcar" insert ", if known by the facility"

     On page 3, beginning on line 25, after "(3)(a)" strike all material through "information." on line 37 and insert: "Any person required to present information to the department pursuant to subsections (1) and (2) of this section may request that specific information be held in confidence. Information requested to be held in confidence is presumed to be confidential.
     (b) Information presented to the department pursuant to subsections (1) and (2) of this section must be held in confidence by the department or aggregated to the extent necessary to ensure confidentiality if public disclosure of the specific information or data would result in an unfair competitive disadvantage to the person supplying the information.
     (c)(i) Whenever the department receives a request to publicly disclose unaggregated information or otherwise proposes to publicly disclose confidential information submitted pursuant to this section, notice of the request or proposal must be provided to the person submitting the information. The notice must indicate the form in which the information is to be released. Upon receipt of notice, the person submitting the information has ten working days in which to respond to the notice to justify the claim of confidentiality on each specific item of information covered by the notice on the basis that public disclosure of the specific information would result in an unfair competitive disadvantage to the person supplying the information.
     (ii) The department shall consider the respondent's submittal in determining whether to publicly disclose the information submitted to it to which a claim of confidentiality is made. The department shall issue a written decision that sets forth its reasons for making the determination whether each item of information for which a claim of confidentiality is made must remain confidential or must be publicly disclosed.
     (iii) The department shall not publicly disclose information submitted to it pursuant to subsections (1) and (2) of this section within ten working days after the department has issued a written decision required in (c)(ii) of this subsection.
     (iv) No information submitted to the department pursuant to subsections (1) and (2) of this section may be deemed confidential if the person submitting the information or data has made it public.
     (v) With respect to information provided under subsections (1) and (2) of this section, neither the department nor any employee of the department may do any of the following:
     (A) Use the information for any purpose other than the statistical purposes for which it is supplied;
     (B) Make any publication whereby the information furnished by any particular establishment or individual can be identified; or
     (C) Permit anyone other than department employees to examine the individual reports provided under subsections (1) and (2) of this section.
     (d) Any confidential information pertinent to the responsibilities of the department that is obtained by another state agency must be available to the department and must be treated in a confidential manner."

EFFECT:  Makes the following changes to the oil transportation information submitted to the department of ecology in order to be made public in a report:
     Establishes a process for oil facilities submitting information to require that proprietary information be held in confidence by the Department of Ecology;
     Limits the scope of oil transportation information that facilities must submit in a quarterly report to the Department of Ecology to information about the weekly volumes of crude oil arriving at and departing the facility, rather than also including refined oil product. Makes the requirement for oil facilities to report information about the route of oil arriving by railcar contingent on whether the facility knows the rail route by which the oil has arrived at the facility.

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