HB 306 — An Act amending the act of November 29, 2006 (P.L.1435, No.156), known as the Public Utility Confidential Security Information Disclosure Protection Act, further providing for definitions, for prohibition and for penalties.

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32873492 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

306 2025 INTRODUCED BY CEPEDA-FREYTIZ, GIRAL, SANCHEZ, McANDREW, CIRESI, HOHENSTEIN, KHAN, DONAHUE, FREEMAN, HILL-EVANS, OTTEN, KENYATTA, BURGOS, GREEN, PIELLI, KAZEEM, STEELESTEELE, CURRY AND CURRY,SHAFFER, JANUARY 23, 2025 AS REPORTEDAMENDED FROM COMMITTEE ON CONSUMERSECOND PROTECTION,CONSIDERATION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, ASJUNE AMENDED,2, APRIL 28, 2026 AN ACT Amending the act of November 29, 2006 (P.L.1435, No.156), <--entitled information"An ofact publicrelating utilities;to confidential security further providing for definitions, for prohibition and for penalties.

and imposing penalties," further providing for procedures for submitting, challenging and protecting confidential security information.

Section 32 of the act of November 29, 2006 <-- (P.L.1435, No.156), known as the Public Utility Confidential Security Information Disclosure Protection Act, is amended by adding a subsectiondefinition to read:

SectionSECTION 3.1.

ProceduresTHE forDEFINITION submitting,OF challenging"AGENCY" andIN protectingSECTION confidential2 securityOF information.THE <-- ACT OF NOVEMBER 29, 2006 (P.L.1435, NO.156), KNOWN AS THE PUBLIC UTILITY CONFIDENTIAL SECURITY INFORMATION DISCLOSURE PROTECTION ACT, IS AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:

* * * (f) Exception for governmental agency.-- (1) A public utility shall make available a public utility record or emergency response under 66 Pa.C.S.

§ 1512 (relating to emergency response plans), regardless of whether the record or emergency response contains confidential security information if:

(i) requested by a Federal or State agency or governmental body, including the National Transportation Safety Board;

and (ii) there are reasonable grounds to believe that a public utility facility may cause or has resulted in a safety risk, including harm to any person or mass destruction.

(2) A Federal or State agency or governmental body, including the National Transportation Safety Board, acquiring a public utility record or emergency response is not subject to subsection (a), (b), (c), (d) or (e).

Release or disclosure of all or a portion of the utility record or emergency response does not:

(i) constitute prohibited disclosure under section 5(a);

and (ii) cause the public utility record or emergency response to become a public record subject to inspection and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"AGENCY." ANY OFFICE, DEPARTMENT, BOARD OR COMMISSION OF THE <-- EXECUTIVE DEPARTMENTS OF THE COMMONWEALTH, ANY POLITICAL SUBDIVISION OF THE COMMONWEALTH, THE PENNSYLVANIA TURNPIKE COMMISSION, THE STATE SYSTEM OF HIGHER EDUCATION OR ANY STATE OR MUNICIPAL AUTHORITY OR SIMILAR ORGANIZATION CREATED BY OR PURSUANT TO A STATUTE WHICH DECLARES IN SUBSTANCE THAT SUCH ORGANIZATION PERFORMS OR HAS FOR ITS PURPOSE THE PERFORMANCE OF AN ESSENTIAL GOVERNMENTAL FUNCTION.

THE TERM SHALL NOT INCLUDE A PUBLIC UTILITY.

* * * "Federal agency." The National Transportation and Safety Board, the Federal Bureau of Investigation, the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation and any other department, agency or instrumentality of the Federal Government.

* * * Section 2.

Sections 5 and 6 of the act are amended to read:

Section 5.

Prohibition.

(a) General rule.--An agency [shall] may not release, publish or otherwise disclose a public utility record or portion thereof which contains confidential security information, unless required to do so by a subpoena issued against the agency by a FEDERAL COURT OR A court of this Commonwealth having competent <-- jurisdiction over a civil or criminal matter and in accordance with the provisions of this act.

(b) Exception for construction, renovation or remodeling work on any public building or project.-- (1) Notwithstanding subsection (a), an agency may, after 20250HB0306PN3492 - 2 - notification and consultation with the public utility, disclose a public utility record or portion thereof which contains confidential security information, in accordance with the provisions of this act, that is necessary for construction, renovation or remodeling work on any public building or project.

(2) Release or disclosure of such records or portions thereof [for these purposes] under paragraph (1) does not constitute prohibited disclosure under subsection (a) and does not result in such records or portions thereof becoming public records subject to [the provisions of the act of June 21, 1957 (P.L.390, No.212), referred to] inspection and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(c) Exception for requests by a Federal agency.-- (1) Notwithstanding subsection (a), an agency may release and disclose a public utility record or portion thereof which contains confidential security information to a Federal agency, upon its request, if:

(i) the Federal agency has subject matter jurisdiction to investigate an incident causing mass destruction;

(ii) the Federal agency has reasonable grounds to believe during its investigation that a public utility facility may cause or has resulted in a safety risk, including harm to any person or mass destruction;

and (iii) releasing the confidential security information would assist the Federal agency in its investigation.

(2) Release or disclosure of all or a portion of the 20250HB0306PN3492 - 3 - public utility record to the Federal agency under paragraph (1) does not violate section 6 or cause the public utility record to become a public record subject to inspection and duplication under the Right-to-Know Law.

(3) AN AGENCY SHALL NOTIFY A PUBLIC UTILITY AFTER THE <-- DISCLOSURE OF ANY CONFIDENTIAL SECURITY INFORMATION UNDER THIS ACT.

Section 6.

Penalties.

A public official or public employee [who acquires a public utility record or portions thereof which contain confidential security information or any reproduction of a public utility record or portion thereof which contains confidential security information and who knowingly or recklessly releases, publishes or otherwise discloses a public utility record or portion thereof which contains confidential security information or any reproduction of a public utility record or portion thereof which contains confidential security information] of an agency who violates section 5(a) commits a misdemeanor of the second degree subject to prosecution by the Attorney General and shall, upon conviction, be sentenced to pay a fine of not more than $5,000 plus costs of prosecution or to a term of imprisonment not to exceed one year, or both, and shall be removed from office or agency employment.

Section 3.

AMENDING20250HB0306PN3492 THE- ACT4 OF- NOVEMBER 29, 2006 (P.L.1435, NO.156), <-- ENTITLED "AN ACT RELATING TO CONFIDENTIAL SECURITY INFORMATION OF PUBLIC UTILITIES;

AND IMPOSING PENALTIES," FURTHER PROVIDING FOR DEFINITIONS, FOR PROHIBITION AND FOR PENALTIES.