Today's Law As Amended

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AB-1520 Public Records.(2015-2016)



SECTION 1.

 Section 6254.16 of the Government Code is amended to read:

6254.16.
 (a)  Nothing in this chapter shall be construed to require the disclosure of the name, names,  credit history, histories,  utility usage data, home address, addresses,  or telephone number numbers  of utility customers of local agencies, except that disclosure of name, utility usage data, and the home address of utility customers of local agencies shall be made available upon request as follows: agencies. 
(b) Notwithstanding subdivision (a), disclosure of the names, utility usage data, and home addresses of utility customers of local agencies shall be made available upon request as follows:
(a) (1)  To an agent or authorized family member of the person to whom the information pertains.
(b) (2)  To an officer or employee of another governmental agency when necessary for the performance of its official duties.
(c) (3)  Upon court order or the request of a law enforcement agency relative to an ongoing investigation.
(d) (4)  Upon determination by the local agency that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable local utility usage policies.
(e) (5)  Upon determination by the local agency that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the local agency, provided that the home address of an appointed official shall not be disclosed without his or her consent.
(f) (6)  Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure.
(c) Notwithstanding subdivision (a), water usage rates of industrial, institutional, and commercial utility customers of local agencies shall be made available upon request.
SEC. 2.
 The Legislature finds and declares that Section 1 of this act, which amends Section 6254.16 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
The Legislature finds that it is in the public’s interest to know the water usage rates of industrial, institutional, and commercial utility customers of local agencies. Unlike residential utility water users, the privacy interests of industrial, institutional, and commercial water users are not sufficient to justify granting an exemption from the public disclosure requirements on local agencies, in this context.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.