Section 6015 - Confidentiality(a) Information submitted to the Commission pursuant to this chapter is subject to the provisions of the California Public Records Act (California Government Code section 6250 et seq.). Documents that may pose security concerns should be marked "confidential" and will be treated pursuant to the following provisions: (1) Any person submitting to the Commission any records containing data claimed to be "confidential" or otherwise exempt from disclosure under Government Code section 6254 or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as "confidential" and shall provide the name, address, telephone number, and email address of the individual to be contacted if the Commission receives a request for disclosure of or seeks to disclose the information claimed to be confidential. The Commission shall not disclose data identified as confidential, except in accordance with the requirements of this subchapter.(2) The following information shall be considered confidential if marked as such by the applicant: (A) Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency;(B) A document prepared by or for a state, federal, or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations;(C) Critical infrastructure information; and(D) Existing facility as-builts and operation manuals.(b) Upon receipt of a request from a member of the public that the Commission disclose information claimed to be confidential or if the Commission seeks to disclose such information, Staff shall inform the applicant by telephone and by email that disclosure of the information is sought. The entity claiming confidentiality shall file with the Commission documentation in support of the claim of confidentiality. The documentation must be received within ten (10) days from the date of the telephone contact and email notification, whichever occurs first.(c) The documentation submitted in support of the claim of confidentiality shall include the following information: (1) The statutory provision(s) under which the claim of confidentiality is asserted;(2) A specific description of the information claimed to be entitled to confidential treatment;(3) The period of time for which confidential treatment is requested;(4) The extent to which the information has been disclosed to others and whether its confidentiality has been maintained or its release restricted;(5) Confidentiality determinations, if any, made by other public agencies as to all or part of the information and a copy of any such determinations, if available; and(6) Whether it is asserted that the information could be used in a manner to threaten the security of the project.(d) Documentation, as specified in this section, in support of a claim of confidentiality may be submitted before the Commission receives a request for the information.(e) The Commission shall, within ten (10) days of the date it sought to disclose the information or received the request for disclosure, or within 20 days of that date if the Commission determines that there are unusual circumstances, as defined in Government Code section 6253, review the request, if any, and supporting documentation, if received within the time limits specified in subsection (B) above, including any extension granted, and determine whether the data is entitled to confidential treatment pursuant to Government Code section 6254, 6255 or 6254.7 or other applicable provisions of law and shall either: (1) Decline to disclose the data and, if a request was received, provide a justification to the person making the request and to the person claiming the data is confidential for the determination pursuant to Government Code section 6255; or(2) Provide written notice to the person claiming the information is confidential and, if a request was received, to the person requesting the information that it has determined that the information is subject to disclosure, that it proposes to disclose the information, and that the information shall be released 21 days after receipt of the notice by the person claiming confidentiality, unless the Commission is restrained from so doing by a court of competent jurisdiction. The Commission shall release the information in accordance with the terms of the notice unless so restrained.(f) Should judicial review be sought of a determination issued in accordance with this regulation, either the person requesting data or the person claiming confidentiality, as appropriate, may be made a party to the litigation to justify the determination.Cal. Code Regs. Tit. 23, § 6015
1. New article 5 (section 6015) and section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10). Note: Authority cited: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79755 and 79757, Water Code. Reference: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79755 and 79757, Water Code.
1. New article 5 (section 6015) and section filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).