By Mr. Rosenberg, a petition (accompanied by bill,
Senate, No. 1980) of Stanley C. Rosenberg, Gregory W.
Sullivan, Stephen and Denis Guyer for legislation
regulating public entities licensed by the Department of
Telecommunications and Energy. Telecommunications,
Utilities and Energy. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Whereas, The
deferred operation of this act would tend to defeat its purpose, which is
forthwith to save money on energy purchases by extending to public entities
licensed to participate competitively in the wholesale electric markets as
suppliers, brokers, or aggregators the same ability to protect trade secrets,
competitive or proprietary information now extended to municipal light
companies, and further to provide certain reporting and record-keeping
requirements, therefore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public convenience. , therefore it is
hereby declared to be an emergency law, necessary for the immediate
preservation of the public convenience.
SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after clause (p) the following clause-
(q) trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted under a license granted by the department of telecommunications and energy to act as an energy supplier under section 1F of chapter 164 when such disclosure will adversely affect the ability to conduct business in relation to other entities making, selling, or distributing electric power and energy, provided that this clause shall not exempt a public entity from disclosure required of a private entity so licensed.
SECTION 2. Clause (33) of subsection (b) of section 1 of chapter 30B, as so appearing, is hereby amended by inserting at the end of the clause the following words:- provided further, that for any such contract determined to contain confidential information under clause (q) of section 7 of chapter 4, the governmental body shall maintain a record of the procurement processes and awards for six years after the date of the final payment. The governmental body shall make these records available to the office of the inspector general upon demand, and that office shall not disclose the information.
SECTION 3. Section 9G of chapter 34, as so appearing, is hereby amended by inserting after clause (7) the following clause:-
(8) trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted under a license granted by the department of telecommunications and energy to act as an energy supplier under section 1F of chapter 164 when such disclosure will adversely affect the ability to conduct business in relation to other entities making, selling, or distributing electric power and energy.
SECTION 4. Section 23B of chapter 39 of the General Laws, as so appearing, is hereby amended by inserting after clause (9) the following clause:-
(10) To discuss trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted under a license granted by the department of telecommunications and energy to act as an energy supplier under section 1F of chapter 164 when such disclosure will adversely affect the ability to conduct business in relation to other entities making, selling, or distributing electric power and energy.
