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§ 2119. Confidential Treatment of Information.

19 CA ADC § 2119Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 19. Public Safety
Division 1. State Fire Marshal
Chapter 14. Hazardous Liquid Pipeline Safety
Article 7. Requirements for New or Replacement Pipeline near Environmentally and Ecologically Sensitive Areas in the Coastal Zone; Plan to Retrofit Existing Pipelines; Notification to State Fire Marshal of New Construction or Retrofit of Pipeline; Consultation with Office of Spill Prevention and Response
19 CCR § 2119
§ 2119. Confidential Treatment of Information.
Currentness
(a) An operator may request confidential treatment of information submitted in the risk analysis and plan(s) or contained in any documents associated with the plan and/or risk analysis described in this Article, including, but not limited to, information regarding the proposed location of automatic shutoff valves or remote controlled sectionalized block valves.
(b) Submission of confidential information
(1) An operator submitting any records containing information claimed to be confidential or otherwise exempt from disclosure pursuant to the Public Records Act or under other applicable law shall assert a claim of exemption in writing at the time of submission to the State Fire Marshal. The operator requesting the exemption must:
(A) Clearly and distinctly identify each paragraph, sentence, number, data, map, photograph, or other item, and provide the specific legal authority for each item that the operator believes should be withheld from public disclosure. Generic non-specific labeling of an entire plan or risk analysis is not sufficient designation of information to be withheld nor is it a sufficient assertion or preservation of the justification for withholding information from public disclosure, and will not be considered.
(B) Provide the name, address, email address, and telephone number of the individual to be contacted if the State Fire Marshal receives a request for disclosure of, or if the State Fire Marshal seeks to disclose on its own, information claimed to be confidential.
(2) If an operator submits information designated as confidential or privileged, two different copies of the information shall be submitted as follows:
(A) One copy shall not be redacted and will contain the confidential or privileged information.
(B) One copy shall be submitted depicting the confidential or privileged information as redacted.
(c) Appropriate portions of the plan, risk analysis, or in any documents associated with the plan or risk analysis described in this Article shall be kept confidential until the review and acceptance of the risk analysis and plan by the State Fire Marshal has concluded, at which time the documents shall become a public record.
(d) Upon receipt of a request that the State Fire Marshal disclose information claimed to be confidential, or if the State Fire Marshal itself seeks to disclose such information on its own, the State Fire Marshal may inform the individual designated pursuant to subsection (c) by email, telephone, or mail at least ten (10) business days before the release of such information to allow the operator an opportunity to seek an appropriate remedy in Court, if applicable.
(e) The State Fire Marshal shall decide whether all or portions of the redacted information should be disclosed pursuant to the California Public Records Act, or other applicable law, unless directed otherwise by a Court order.

Credits

Note: Authority cited: Section 51013.1, Government Code. Reference: Section 51013.1, Government Code.
History
1. New section filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 19, § 2119, 19 CA ADC § 2119
End of Document