Virginia Freedom of Information Act; Public Procurement Act; proprietary records and trade secrets.

Bill

Status

Senate: House substitute agreed to by Senate (39-Y 0-N)

Date Updated

Monday, February 27, 2017

VPA Position

Description

Excludes from the mandatory disclosure provisions of FOIA proprietary information, voluntarily provided by a private business under a promise of confidentiality from a public body, used by the public body for a solar photovoltaic services agreement, a solar power purchase agreement, or a solar self-generation agreement. The bill requires the private business to specify the records for which protection is sought before submitting them to the public body and to state the reasons why protection is necessary. The bill also (i) allows a solar services agreement contractor or provider to designate specific provisions in a solar services agreement as proprietary information not subject to disclosure, and (ii) authorizes a city to withhold from disclosure such information provided by a private entity in connection with a franchise, lease or use under a solar photovoltaic services agreement, a solar power purchase agreement, or a solar self-generation agreement.

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