California Health and Safety Code

§ 25538

HSC § 25538 Effective Jan 1, 2023Div. 20 · Ch. 6.95 · Art. 2

Statute text

(a)If a stationary source believes that any information required to be reported, submitted, or otherwise provided to the unified program agency pursuant to this article involves the release of a trade secret, the stationary source shall provide the information to the unified program agency and shall notify the unified program agency in writing of that belief. Upon receipt of a claim of trade secret related to an RMP, the unified program agency shall review the claim and shall segregate properly substantiated trade secret information from information that shall be made available to the public upon request in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). As used in this section, “trade secret” has the same meaning as in subdivision (f) of Section 7924.510 of the Government Code and Section 1061 of the Evidence Code.

(b)Except as otherwise specified in this section, the unified program agency shall not disclose any properly substantiated trade secret that is so designated by the owner or operator of a stationary source.

(c)The unified program agency may disclose trade secrets received by the unified program agency pursuant to this article to authorized officers or employees of other governmental agencies only in connection with the official duties of that officer or employee pursuant to any law for the protection of health and safety.

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Legislative history

Amended by Stats. 2022, Ch. 28, Sec. 94. (SB 1380) Effective January 1, 2023.