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| SPONSOR: | Gubbels | DATE TYPED: | 02/06/01 | HB | 536 | ||
| SHORT TITLE: | Business Sensitive Information Confidential | SB | |||||
| ANALYST: | Belmares | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
| NFI | |||||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Department of Environment
Energy, Minerals, and Natural Resources Department
SUMMARY
Synopsis of Bill
House Bill 536 authorizes the Department of Environment to develop and administer a pollution prevention program known as "Green Zia." House Bill 256 also establishes that information provided to the Department of Environment in accordance with the Green Zia program may be subject to confidentiality if the person furnishing the information demonstrates to the Department of Environment that the information would divulge confidential business record, methods, or processes entitled to protection as trade secrets.
Significant Issues
The Department of Environment operates the Green Zia program as a pollution prevention initiative. The Green Zia program is a voluntary recognition program used to provide technical assistance, training and assessment tools to assist organizations in developing pollution prevention programs. The program is applicable to small and large businesses and facilities as well as federal facilities.
The Green Zia program is voluntary and participating organizations submit applications to the Department of Environment. Specific business information included in applications to the Green Zia program such as production information, waste information or business processes may be deemed business sensitive or a trade secret and may be held in confidence by the department. The Cabinet Secretary of the Department of Environment makes the determination of confidentiality on a case-by-case basis.
House Bill 536 establishes a process by which the Cabinet Secretary of the Department of Environment would promulgate a determination of confidentiality with an order of confidentiality. House Bill 536 prohibits confidential information from being disclosed to persons other than employees or authorized representatives of the Department of Environment.
EB/ar