Pennsylvania 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.

Bill Text

PRIOR PRINTER'S NOS. 259, 3287 PRINTER'S NO. 3492
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 306
Session of
2025
INTRODUCED BY CEPEDA-FREYTIZ, GIRAL, SANCHEZ, McANDREW, CIRESI,
HOHENSTEIN, KHAN, DONAHUE, FREEMAN, HILL-EVANS, OTTEN,
KENYATTA, BURGOS, GREEN, PIELLI, KAZEEM, STEELE, CURRY AND
SHAFFER, JANUARY 23, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 2026
AN ACT
Amending the act 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 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 definition to read:
SECTION 1. THE DEFINITION OF "AGENCY" IN SECTION 2 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 AND THE SECTION IS AMENDED BY ADDING A
DEFINITION TO READ:
Section 2. Definitions.
The following words and phrases when used in this act shall
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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
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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
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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