2SHB 2347 -
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WITHDRAWN 02/18/2014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.