SF 2443 — A bill for an act related to competitive information of city utilities.

Senate File 2443 - IntroducedReprinted SENATE FILE 2443 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 3153) (As Amended and Passed by the Senate March 10, 2026) A BILL FOR An Act related to competitive information of city utilities.

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Notwithstanding section 21.5, subsection 1, the governing body of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, by a vote of two-thirds of the members of the body or all of the members present at the meeting, may hold a closed session to discuss proprietary information or marketing and pricing strategies or proprietary information if its the competitive position of the city utility or combined utility system, other public utilities, or a third party utility vendor would be harmed by the public disclosure of the marketing and pricing strategies and such disclosure is not required of potential or actual competitors, and if no public purpose would be served by such disclosure or. other utilities.

For purposes of this subsection section, “proprietary information” includes customerconfidential recordsinformation thatpursuant ifto disclosedsection would22.7; harm the competitive position of a customer or a utility ;

customer records that if disclosed would harm the competitive position of a customer or an electric utility ;

EXPLANATIONSF The2443 inclusion(2) of this explanation does not constitute agreement with LSB 5627SV (1) 91 -1- ms/jsms/js/mb 1/31/1 S.F.

2443 the explanation’s substance by the members of the general assembly.

Under current law, the governing body of a city utility or combined utility system, or a city enterprise or combined city enterprise, may vote to hold a closed session to discuss marketing and pricing strategies or proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure.

The minutes and an audio or audiovisual recording of the session shall be made available for public examination once the public disclosure would no longer harm the utility’s competitive position.

This bill allows for a closed session by vote to discuss proprietary information or marketing and pricing strategies if the competitive position of the utility or a third party would be harmed by the public disclosure of the marketing and pricing strategies and such disclosure is not required of potential or actual competitors or other utilities.

“Proprietary information” is currently defined, for purposes of Code section 388.9, subsection 2, as customer records that if disclosed would harm the competitive position of a customer, or information required by a noncustomer contracting party to be kept confidential pursuant to a nondisclosure agreement which relates to electric transmission planning and construction, critical energy infrastructure, an ownership interest or acquisition of an ownership interest in an electric generating facility, or other information made confidential by law or rule.

The bill changes the definition of “proprietary information” to include customer records that if disclosed would harm the competitive position of a customer or a utility;

or information related to electric transmission planning and construction, critical energy infrastructure, electric generation capacity planning, energy markets or prices, or an ownership interest or acquisition of an ownership interest in an electric generating LSB 5627SV (1) 91 -2- ms/js 2/3 S.F.

2443 facility, including but not limited to information required to be kept confidential pursuant to a nondisclosure agreement, or other information made confidential by law or rule.

The bill applies this definition of proprietary information to all of Code section 388.9.

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