SB 1497 — Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E576 An Act to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Virginia Freedom of Information Act;

R O [S 1497] Approved LMarch L26, 2023 Be it enacted by the General Assembly of Virginia:

E § 2.2-3705.6.

DThe following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law.

1.or 62.1-134.1.ary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 2.

Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or 62.1-134.1.

2.

B 3.

Proprietary information, voluntarily provided by private business pursuant to a promise o4of confidentiality from a public body, used by the public body for business, trade, and tourism development or retention;

and memoranda, working papers, or other information related to busine7sesbusinesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public body.

provided6. to the Department of Rail and Public Transportation, provided such information is exemptections under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration.

Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration.

Medicaid8. Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of or the Chapter 10 of Title 32.1.

Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.

105-178) for transportation projects if disclosure of such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration.

Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or the Public-PrivateroposalsPublic-Private filed Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) where (i) if such information of 6 was made public prior to or after the execution of an interim or a comprehensive agreement, § 33.2-1820 or 56-575.17 notwithstanding, the financial interest or bargaining position of the public of 6 entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity;

No bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body or if any representative of the of 6 applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee.

E 14.

Information of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of § 18.2-340.34 and (ii) pursuant to regulations promulgated by the Commissioner Rfof of 6 Agriculture and Consumer Services related to approval of electronic and mechanical equipment.

pursuant15. to § 3.2-1215.ted to Virginia apple producer sales provided to the Virginia State ApplO Board 16.

Information related to Virginia apple producer sales provided to the Virginia State Apple Board pursuant to § 3.2-1215.

16.

L 17.

Information relating to a grant or loan application, or accompanying a grant or loan appEication,application, to the Commonwealth Health Research Board pursuant to Chapter 5.3 (§ 32.1-162.23 et seq.) of Title 32.1 if disclosure of such information would (i) reveal proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information competitivehas positionnot ofbeen thepublicly applicant.hed,released, published, copyrighted, or patented, and (ii) be harmful to the 18.competitive position of the applicant.

Confidential18. proprietary information and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to § 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2 et seq.) of Chapter 21 of Title 15.2 if disclosSre of such information would be harmful to the competitive position of the locality.

1Confidential In order for confidential proprietary information orand trade secrets todeveloped beand excludedheld fromby thea p9ovisionslocal ofpublic thisbody chapter,(i) theproviding localitytelecommunication inservices writingpursuant shallto (a)§ invoke56-265.4:4 theand protections(ii) ofproviding thiscable subdivision,television Eb)services identifypursuant withto specificityArticle the1.1 information(§ for15.2-2108.2 whichet protectionseq.) isof sought,Chapter and21 (c)of stateTitle 15.2 if disclosure of such information would be harmful to the reasonscompetitive whyposition Rrotectionof isthe necessary.locality.

In order for confidential proprietary information or trade secrets to be excluded from the provisions of this chapter, the locality in writing shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state the reasons why protection is necessary.

created19. in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.

Confidential proprietary information and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.

Trade secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, women-owned, or minority-owned business in accordance with Chapter 16.1 provisions(§ of2.2-1603 thiset chapter,seq.). the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.

In order for such trade secrets or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.

Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector General for the purpose of an audit, special investigation, or any study requested by the Office of In order for the informationState specifiedInspector General in thisaccordance subdivisionwith tolaw. be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:

In order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:

The State Inspector General shall make a written determination of the nature and scope of the protection to be afforded by it und23.under this subdivision.

Information23. relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial of 6 information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant;

Information relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant;

The exclusion provided by this subdivision shall apply to grants that are consistent with the powers of and in of 6 furtherance of the performance of the duties of the Commission pursuant to § 3.2-3103.

and of 6 c.

Information relating to a grant, loan, or investment application, or accompanying a granE,grant, loan, or investment application, submitted to the Commonwealth of Virginia Innovation Partnership Authority (the Authority) established pursuant to Article 11 (§ 2.2-2351 et seq.) of Chapter 22, an advisory committee of the Authority, or any other entity designated by the Authority to review such applRcations,applications, to the extent that such records would (i) reveal (a) trade secrets;

(b) financial information of a party to a grant, loan, or investment application that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise;