| 8 | 12 | | |
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| 9 | 13 | | Be it enacted by the General Assembly of Virginia: |
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| 10 | 14 | | |
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| 11 | 15 | | 1. That 2.2-2040, 2.2-3705.6, and 2.2-3705.7 of the Code of Virginia are amended and reenacted as follows: |
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| 12 | 16 | | |
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| 13 | 17 | | 2.2-2040. Records and reports. |
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| 14 | 18 | | |
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| 15 | 19 | | A. Each workforce development program provider shall keep true and accurate training records containing such information as the Department may prescribe. Such records shall be open to inspection and be subject to being copied by the Department or its authorized representatives at any reasonable time and as often as may be necessary. The Department may require from any workforce development program provider any sworn or unsworn reports, with respect to persons employed by it, that the Department deems necessary for the effective administration of this chapter. |
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| 16 | 20 | | |
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| 17 | 21 | | B. Notwithstanding the provisions of subsection A, the Department shall, upon written request, furnish the Virginia Economic Development Partnership Authority (the Authority) such information as it may require to facilitate the administration and enforcement by the Authority of performance agreements with businesses that have received incentive awards. Any information provided to the Authority under this subsection shall be confidential pursuant to 20 C.F.R. Part 603 and shall only be disclosed to members of the Authority who are public officials or employees of the Authority for the performance of their official duties. No public official or employee shall disclose any confidential information obtained pursuant to this subsection to nonlegislative citizen members of the Authority or to the public. Any information so provided shall be used by the Authority solely for the purpose of verifying employment and wage claims of those businesses that have received incentive awards. |
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| 18 | 22 | | |
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| 19 | 23 | | C. Any information provided to the Department under this section shall be confidential pursuant to 60.2-114 and 20 C.F.R. Part 603. |
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| 20 | 24 | | |
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| 21 | 25 | | 2.2-3705.6. Exclusions to application of chapter; proprietary records and trade secrets. |
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| 22 | 26 | | |
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| 23 | 27 | | The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with 2.2-3704.01. |
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| 24 | 28 | | |
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| 25 | 29 | | 1. Proprietary information gathered by or for the Virginia Port Authority as provided in 62.1-132.4 or 62.1-134.1. |
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| 26 | 30 | | |
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| 27 | 31 | | 2. Financial statements not publicly available filed with applications for industrial development financings in accordance with Chapter 49 ( 15.2-4900 et seq.) of Title 15.2. |
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| 28 | 32 | | |
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| 29 | 33 | | 3. Proprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body, used by the public body for business, trade, and tourism development or retention; and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public body. |
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| 30 | 34 | | |
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| 31 | 35 | | 4. Information that was filed as confidential under the Toxic Substances Information Act ( 32.1-239 et seq.), as such Act existed prior to July 1, 1992. |
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| 32 | 36 | | |
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| 33 | 37 | | 5. Fisheries data that would permit identification of any person or vessel, except when required by court order as specified in 28.2-204. |
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| 34 | 38 | | |
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| 35 | 39 | | 6. Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. |
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| 36 | 40 | | |
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| 37 | 41 | | 7. Proprietary information related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies. |
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| 38 | 42 | | |
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| 39 | 43 | | 8. Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 ( 32.1-331.12 et seq.) of Chapter 10 of Title 32.1. |
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| 40 | 44 | | |
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| 41 | 45 | | 9. Proprietary, commercial or financial information, balance sheets, trade secrets, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Transportation Equity Act for the 21st Century (P.L. 105-178) for transportation projects if disclosure of such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. However, the exclusion provided by this subdivision shall not apply to any wholly owned subsidiary of a public body. |
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| 42 | 46 | | |
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| 43 | 47 | | 10. Confidential information designated as provided in subsection F of 2.2-4342 as trade secrets or proprietary information by any person in connection with a procurement transaction or by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of 2.2-4317. |
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| 44 | 48 | | |
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| 45 | 49 | | 11. a. Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 ( 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 ( 56-575.1 et seq.) where (i) if such information was made public prior to or after the execution of an interim or a comprehensive agreement, 33.2-1820 or 56-575.17 notwithstanding, the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity; and |
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| 46 | 50 | | |
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| 47 | 51 | | b. Information provided by a private entity to a responsible public entity, affected jurisdiction, or affected local jurisdiction pursuant to the provisions of the Public-Private Transportation Act of 1995 ( 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 ( 56-575.1 et seq.) if disclosure of such information would reveal (i) trade secrets of the private entity; (ii) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (iii) other information submitted by the private entity where if such information was made public prior to the execution of an interim agreement or a comprehensive agreement, the financial interest or bargaining position of the public or private entity would be adversely affected. In order for the information specified in clauses (i), (ii), and (iii) to be excluded from the provisions of this chapter, the private entity shall make a written request to the responsible public entity: |
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| 48 | 52 | | |
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| 49 | 53 | | (1) Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 50 | 54 | | |
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| 51 | 55 | | (2) Identifying with specificity the data or other materials for which protection is sought; and |
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| 52 | 56 | | |
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| 53 | 57 | | (3) Stating the reasons why protection is necessary. |
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| 54 | 58 | | |
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| 55 | 59 | | The responsible public entity shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the responsible public entity shall determine whether public disclosure prior to the execution of an interim agreement or a comprehensive agreement would adversely affect the financial interest or bargaining position of the public or private entity. The responsible public entity shall make a written determination of the nature and scope of the protection to be afforded by the responsible public entity under this subdivision. Once a written determination is made by the responsible public entity, the information afforded protection under this subdivision shall continue to be protected from disclosure when in the possession of any affected jurisdiction or affected local jurisdiction. |
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| 56 | 60 | | |
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| 57 | 61 | | Except as specifically provided in subdivision 11 a, nothing in this subdivision shall be construed to authorize the withholding of (a) procurement records as required by 33.2-1820 or 56-575.17; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the responsible public entity and the private entity; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying project. |
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| 58 | 62 | | |
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| 59 | 63 | | For the purposes of this subdivision, the terms "affected jurisdiction," "affected local jurisdiction," "comprehensive agreement," "interim agreement," "qualifying project," "qualifying transportation facility," "responsible public entity," and "private entity" shall mean the same as those terms are defined in the Public-Private Transportation Act of 1995 ( 33.2-1800 et seq.) or in the Public-Private Education Facilities and Infrastructure Act of 2002 ( 56-575.1 et seq.). |
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| 60 | 64 | | |
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| 61 | 65 | | 12. Confidential proprietary information or trade secrets, not publicly available, provided by a private person or entity pursuant to a promise of confidentiality to the Virginia Resources Authority or to a fund administered in connection with financial assistance rendered or to be rendered by the Virginia Resources Authority where, if such information were made public, the financial interest of the private person or entity would be adversely affected. |
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| 62 | 66 | | |
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| 63 | 67 | | 13. Trade secrets or confidential proprietary information that is not generally available to the public through regulatory disclosure or otherwise, provided by a (i) bidder or applicant for a franchise or (ii) franchisee under Chapter 21 ( 15.2-2100 et seq.) of Title 15.2 to the applicable franchising authority pursuant to a promise of confidentiality from the franchising authority, to the extent the information relates to the bidder's, applicant's, or franchisee's financial capacity or provision of new services, adoption of new technologies or implementation of improvements, where such new services, technologies, or improvements have not been implemented by the franchisee on a nonexperimental scale in the franchise area, and where, if such information were made public, the competitive advantage or financial interests of the franchisee would be adversely affected. |
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| 64 | 68 | | |
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| 65 | 69 | | In order for trade secrets or confidential proprietary information to be excluded from the provisions of this chapter, the bidder, applicant, or franchisee shall (a) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (b) identify the data or other materials for which protection is sought, and (c) state the reason why protection is necessary. |
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| 66 | 70 | | |
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| 67 | 71 | | No bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body or if any representative of the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee. |
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| 68 | 72 | | |
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| 69 | 73 | | 14. Information of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of 18.2-340.34 and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services related to approval of electronic and mechanical equipment. |
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| 70 | 74 | | |
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| 71 | 75 | | 15. Information related to Virginia apple producer sales provided to the Virginia State Apple Board pursuant to 3.2-1215. |
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| 72 | 76 | | |
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| 73 | 77 | | 16. Trade secrets submitted by CMRS providers as defined in 56-484.12 to the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former 56-484.15, relating to the provision of wireless E-911 service. |
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| 74 | 78 | | |
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| 75 | 79 | | 17. Information relating to a grant or loan application, or accompanying a grant or loan application, to the Commonwealth Health Research Board pursuant to Chapter 5.3 ( 32.1-162.23 et seq.) of Title 32.1 if disclosure of such information would (i) reveal proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. |
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| 76 | 80 | | |
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| 77 | 81 | | 18. Confidential proprietary information and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 ( 15.2-2108.2 et seq.) of Chapter 21 of Title 15.2 if disclosure of such information would be harmful to the competitive position of the locality. |
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| 78 | 82 | | |
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| 79 | 83 | | In order for confidential proprietary information or trade secrets to be excluded from the provisions of this chapter, the locality in writing shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state the reasons why protection is necessary. However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act ( 15.2-7200 et seq.). |
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| 80 | 84 | | |
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| 81 | 85 | | 19. Confidential proprietary information and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act ( 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 ( 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with 15.2-2160 shall be released. |
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| 82 | 86 | | |
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| 83 | 87 | | 20. Trade secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, women-owned, or minority-owned business in accordance with Chapter 16.1 ( 2.2-1603 et seq.). In order for such trade secrets or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary. |
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| 84 | 88 | | |
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| 85 | 89 | | 21. Information of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to 32.1-276.5:1 and 32.1-276.7:1. |
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| 86 | 90 | | |
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| 87 | 91 | | 22. Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector General for the purpose of an audit, special investigation, or any study requested by the Office of the State Inspector General in accordance with law. |
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| 88 | 92 | | |
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| 89 | 93 | | In order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General: |
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| 90 | 94 | | |
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| 91 | 95 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 92 | 96 | | |
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| 93 | 97 | | b. Identifying with specificity the data or other materials for which protection is sought; and |
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| 94 | 98 | | |
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| 95 | 99 | | c. Stating the reasons why protection is necessary. |
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| 96 | 100 | | |
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| 97 | 101 | | The State Inspector General shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. The State Inspector General shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. |
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| 98 | 102 | | |
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| 99 | 103 | | 23. Information relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant; and memoranda, staff evaluations, or other information prepared by the Commission or its staff exclusively for the evaluation of grant applications. The exclusion provided by this subdivision shall apply to grants that are consistent with the powers of and in furtherance of the performance of the duties of the Commission pursuant to 3.2-3103. |
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| 100 | 104 | | |
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| 101 | 105 | | In order for the information specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Commission: |
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| 102 | 106 | | |
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| 103 | 107 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 104 | 108 | | |
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| 105 | 109 | | b. Identifying with specificity the data, information or other materials for which protection is sought; and |
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| 106 | 110 | | |
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| 107 | 111 | | c. Stating the reasons why protection is necessary. |
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| 108 | 112 | | |
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| 109 | 113 | | The Commission shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets, financial information, or research-related information of the applicant. The Commission shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. |
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| 110 | 114 | | |
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| 111 | 115 | | 24. a. Information held by the Commercial Space Flight Authority relating to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority if disclosure of such information would adversely affect the financial interest or bargaining position of the Authority or a private entity providing the information to the Authority; or |
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| 112 | 116 | | |
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| 113 | 117 | | b. Information provided by a private entity to the Commercial Space Flight Authority if disclosure of such information would (i) reveal (a) trade secrets of the private entity; (b) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private entity and (ii) adversely affect the financial interest or bargaining position of the Authority or private entity. |
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| 114 | 118 | | |
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| 115 | 119 | | In order for the information specified in clauses (a), (b), and (c) of subdivision 24 b to be excluded from the provisions of this chapter, the private entity shall make a written request to the Authority: |
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| 116 | 120 | | |
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| 117 | 121 | | (1) Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 118 | 122 | | |
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| 119 | 123 | | (2) Identifying with specificity the data or other materials for which protection is sought; and |
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| 120 | 124 | | |
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| 121 | 125 | | (3) Stating the reasons why protection is necessary. |
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| 122 | 126 | | |
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| 123 | 127 | | The Authority shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the Authority shall determine whether public disclosure would adversely affect the financial interest or bargaining position of the Authority or private entity. The Authority shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. |
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| 124 | 128 | | |
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| 125 | 129 | | 25. Information of a proprietary nature furnished by an agricultural landowner or operator to the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Agriculture and Consumer Services, or any political subdivision, agency, or board of the Commonwealth pursuant to 10.1-104.7, 10.1-104.8, and 10.1-104.9, other than when required as part of a state or federal regulatory enforcement action. |
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| 126 | 130 | | |
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| 127 | 131 | | 26. Trade secrets provided to the Department of Environmental Quality pursuant to the provisions of 10.1-1458. In order for such trade secrets to be excluded from the provisions of this chapter, the submitting party shall (i) invoke this exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary. |
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| 128 | 132 | | |
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| 129 | 133 | | 27. Information of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board, where if such information was made public, the financial interest of the public-use airport would be adversely affected. |
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| 130 | 134 | | |
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| 131 | 135 | | In order for the information specified in this subdivision to be excluded from the provisions of this chapter, the public-use airport shall make a written request to the Department of Aviation: |
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| 132 | 136 | | |
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| 133 | 137 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 134 | 138 | | |
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| 135 | 139 | | b. Identifying with specificity the data or other materials for which protection is sought; and |
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| 136 | 140 | | |
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| 137 | 141 | | c. Stating the reasons why protection is necessary. |
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| 138 | 142 | | |
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| 139 | 143 | | 28. Information relating to a grant, loan, or investment application, or accompanying a grant, loan, or investment application, submitted to the Commonwealth of Virginia Innovation Partnership Authority (the Authority) established pursuant to Article 11 ( 2.2-2351 et seq.) of Chapter 22, an advisory committee of the Authority, or any other entity designated by the Authority to review such applications, to the extent that such records would (i) reveal (a) trade secrets; (b) financial information of a party to a grant, loan, or investment application that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) research-related information produced or collected by a party to the application in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of a party to a grant, loan, or investment application; and memoranda, staff evaluations, or other information prepared by the Authority or its staff, or a reviewing entity designated by the Authority, exclusively for the evaluation of grant, loan, or investment applications, including any scoring or prioritization documents prepared for and forwarded to the Authority. |
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| 140 | 144 | | |
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| 141 | 145 | | 29. Proprietary information, voluntarily provided by a private business pursuant to a promise of confidentiality from a public body, used by the public body for a solar services or carbon sequestration agreement, where disclosure of such information would (i) reveal (a) trade secrets of the private business; (b) financial information of the private business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private business and (ii) adversely affect the financial interest or bargaining position of the public body or private business. |
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| 142 | 146 | | |
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| 143 | 147 | | In order for the information specified in clauses (i)(a), (b), and (c) to be excluded from the provisions of this chapter, the private business shall make a written request to the public body: |
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| 144 | 148 | | |
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| 145 | 149 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 146 | 150 | | |
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| 147 | 151 | | b. Identifying with specificity the data or other materials for which protection is sought; and |
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| 148 | 152 | | |
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| 149 | 153 | | c. Stating the reasons why protection is necessary. |
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| 150 | 154 | | |
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| 151 | 155 | | 30. Information contained in engineering and construction drawings and plans submitted for the sole purpose of complying with the Building Code in obtaining a building permit if disclosure of such information would identify specific trade secrets or other information that would be harmful to the competitive position of the owner or lessee. However, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure. |
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| 152 | 156 | | |
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| 153 | 157 | | 31. Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law. |
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| 154 | 158 | | |
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| 155 | 159 | | In order for the records specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the Department: |
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| 156 | 160 | | |
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| 157 | 161 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 158 | 162 | | |
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| 159 | 163 | | b. Identifying with specificity the data or other materials for which protection is sought; and |
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| 160 | 164 | | |
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| 161 | 165 | | c. Stating the reasons why protection is necessary. |
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| 162 | 166 | | |
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| 163 | 167 | | The Virginia Department of Transportation shall determine whether the requested exclusion from disclosure is necessary to protect trade secrets or financial records of the private entity. The Virginia Department of Transportation shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. |
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| 164 | 168 | | |
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| 165 | 169 | | 32. Information related to a grant application, or accompanying a grant application, submitted to the Department of Housing and Community Development that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. The exclusion provided by this subdivision shall only apply to grants administered by the Department, the Director of the Department, or pursuant to 36-139, Article 26 ( 2.2-2484 et seq.) of Chapter 24, or the Virginia Telecommunication Initiative as authorized by the appropriations act. |
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| 166 | 170 | | |
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| 167 | 171 | | In order for the information submitted by the applicant and specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Department: |
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| 168 | 172 | | |
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| 169 | 173 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 170 | 174 | | |
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| 171 | 175 | | b. Identifying with specificity the data, information, or other materials for which protection is sought; and |
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| 172 | 176 | | |
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| 173 | 177 | | c. Stating the reasons why protection is necessary. |
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| 174 | 178 | | |
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| 175 | 179 | | The Department shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or confidential proprietary information of the applicant. The Department shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. |
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| 176 | 180 | | |
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| 177 | 181 | | 33. Financial and proprietary records submitted with a loan application to a locality for the preservation or construction of affordable housing that is related to a competitive application to be submitted to either the U.S. Department of Housing and Urban Development (HUD) or the Virginia Housing Development Authority (VHDA), when the release of such records would adversely affect the bargaining or competitive position of the applicant. Such records shall not be withheld after they have been made public by HUD or VHDA. |
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| 178 | 182 | | |
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| 179 | 183 | | 34. Information of a proprietary or confidential nature disclosed by a health carrier or pharmacy benefits manager pursuant to 38.2-3407.15:6, a wholesale distributor pursuant to 54.1-3436.1, or a manufacturer pursuant to 54.1-3442.02. |
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| 180 | 184 | | |
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| 181 | 185 | | 35. Trade secrets, proprietary information, or financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, supplied by an individual or a private or nongovernmental entity to the Fort Monroe Authority for the purpose of complying with the obligations of any lease, easement, license, permit, or other agreement, whether of a commercial or residential real estate nature, pertaining to the use or occupancy of any portion of Fort Monroe. |
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| 182 | 186 | | |
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| 183 | 187 | | In order for the records specified in this subdivision to be excluded from the provisions of this chapter, the individual or private or nongovernmental entity shall make a written request to the Fort Monroe Authority: |
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| 184 | 188 | | |
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| 185 | 189 | | a. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought; |
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| 186 | 190 | | |
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| 187 | 191 | | b. Identifying with specificity the data, information, or other materials for which protection is sought; and |
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| 188 | 192 | | |
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| 189 | 193 | | c. Stating the reasons why protection is necessary. |
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| 190 | 194 | | |
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| 191 | 195 | | 36. Information of a proprietary or confidential nature, including trade secrets, employee compensation information, balance sheets and financial statements that are not available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Department of Workforce Development and Advancement (the Department) for the purpose of sponsoring, implementing, and operating (i) an apprenticeship program approved by the Department or (ii) a similar lawful workforce development or public-private partnership approved by the Department that assists the Department in fulfilling its mission and objectives and whose workforce development initiative could not advance without such exemption, as determined by the Commissioner of the Department and the Secretary of Labor. However, nothing in this subdivision shall be construed to allow the withholding of the name and contact information of a private or nongovernmental entity sponsoring, implementing, or operating the apprenticeship program, the location of the program, the occupations offered by the program, or the terms and conditions of a contract or agreement entered into by such private or nongovernmental entity. |
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| 192 | 196 | | |
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| 193 | 197 | | 2.2-3705.7. Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions. |
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| 194 | 198 | | |
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| 195 | 199 | | The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with 2.2-3704.01. |
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| 196 | 200 | | |
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| 197 | 201 | | 1. State income, business, and estate tax returns, personal property tax returns, and confidential records held pursuant to 58.1-3. |
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| 198 | 202 | | |
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| 199 | 203 | | 2. Working papers and correspondence of the Office of the Governor, the Lieutenant Governor, or the Attorney General; the members of the General Assembly, the Division of Legislative Services, or the Clerks of the House of Delegates or the Senate of Virginia; the mayor or chief executive officer of any political subdivision of the Commonwealth; or the president or other chief executive officer of any public institution of higher education in the Commonwealth. However, no information that is otherwise open to inspection under this chapter shall be deemed excluded by virtue of the fact that it has been attached to or incorporated within any working paper or correspondence. Further, information publicly available or not otherwise subject to an exclusion under this chapter or other provision of law that has been aggregated, combined, or changed in format without substantive analysis or revision shall not be deemed working papers. Nothing in this subdivision shall be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor pursuant to 2.2-106 or 2.2-107. |
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| 200 | 204 | | |
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| 201 | 205 | | As used in this subdivision: |
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| 202 | 206 | | |
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| 203 | 207 | | "Members of the General Assembly" means each member of the Senate of Virginia and the House of Delegates and their legislative aides when working on behalf of such member. |
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| 204 | 208 | | |
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| 205 | 209 | | "Office of the Governor" means the Governor; the Governor's chief of staff, counsel, director of policy, and Cabinet Secretaries; the Assistant to the Governor for Intergovernmental Affairs; and those individuals to whom the Governor has delegated his authority pursuant to 2.2-104. |
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| 206 | 210 | | |
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| 207 | 211 | | "Working papers" means those records prepared by or for a public official identified in this subdivision for his personal or deliberative use. |
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| 208 | 212 | | |
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| 209 | 213 | | 3. Information contained in library records that can be used to identify (i) both (a) any library patron who has borrowed or accessed material or resources from a library and (b) the material or resources such patron borrowed or accessed or (ii) any library patron under 18 years of age. For the purposes of clause (ii), access shall not be denied to the parent, including a noncustodial parent, or guardian of such library patron. |
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| 210 | 214 | | |
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| 211 | 215 | | 4. Contract cost estimates prepared for the confidential use of the Department of Transportation in awarding contracts for construction or the purchase of goods or services, and records and automated systems prepared for the Department's Bid Analysis and Monitoring Program. |
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| 212 | 216 | | |
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| 213 | 217 | | 5. Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political subdivision. |
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| 214 | 218 | | |
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| 215 | 219 | | 6. Information furnished by a member of the General Assembly to a meeting of a standing committee, special committee, or subcommittee of his house established solely for the purpose of reviewing members' annual disclosure statements and supporting materials filed under 30-110 or of formulating advisory opinions to members on standards of conduct, or both. |
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| 216 | 220 | | |
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| 217 | 221 | | 7. Customer account information of a public utility affiliated with a political subdivision of the Commonwealth, including the customer's name and service address, but excluding the amount of utility service provided and the amount of money charged or paid for such utility service. |
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| 218 | 222 | | |
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| 219 | 223 | | 8. Personal information, as defined in 2.2-3801, (i) filed with the Virginia Housing Development Authority concerning individuals who have applied for or received loans or other housing assistance or who have applied for occupancy of or have occupied housing financed, owned or otherwise assisted by the Virginia Housing Development Authority; (ii) concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs; (iii) filed with any local redevelopment and housing authority created pursuant to 36-4 concerning persons participating in or persons on the waiting list for housing assistance programs funded by local governments or by any such authority; or (iv) filed with any local redevelopment and housing authority created pursuant to 36-4 or any other local government agency concerning persons who have applied for occupancy or who have occupied affordable dwelling units established pursuant to 15.2-2304 or 15.2-2305. However, access to one's own information shall not be denied. |
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| 220 | 224 | | |
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| 221 | 225 | | 9. Information regarding the siting of hazardous waste facilities, except as provided in 10.1-1441, if disclosure of such information would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions, and provisions of the siting agreement. |
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| 222 | 226 | | |
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| 223 | 227 | | 10. Information on the site-specific location of rare, threatened, endangered, or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, in the opinion of the public body that has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource. This exclusion shall not apply to requests from the owner of the land upon which the resource is located. |
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| 224 | 228 | | |
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| 225 | 229 | | 11. Memoranda, graphics, video or audio tapes, production models, data, and information of a proprietary nature produced by or for or collected by or for the Virginia Lottery relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such information not been publicly released, published, copyrighted, or patented. Whether released, published, or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains. |
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| 226 | 230 | | |
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| 227 | 231 | | 12. Information held by the Virginia Retirement System, acting pursuant to 51.1-124.30, or a local retirement system, acting pursuant to 51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for post-retirement benefits other than pensions, acting pursuant to Article 8 ( 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to 23.1-2210, or by the board of visitors of The College of William and Mary in Virginia, acting pursuant to 23.1-2803, or by the Commonwealth Savers Plan, acting pursuant to 23.1-704, relating to the acquisition, holding, or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, if disclosure of such information would (i) reveal confidential analyses prepared for the board of visitors of the University of Virginia, prepared for the board of visitors of The College of William and Mary in Virginia, prepared by the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan, or provided to the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan under a promise of confidentiality of the future value of such ownership interest or the future financial performance of the entity and (ii) have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a local finance board or board of trustees, the board of visitors of the University of Virginia, the board of visitors of The College of William and Mary in Virginia, or the Commonwealth Savers Plan. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the identity of any investment held, the amount invested, or the present value of such investment. |
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| 228 | 232 | | |
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| 229 | 233 | | 13. Financial, medical, rehabilitative, and other personal information concerning applicants for or recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 ( 51.5-53 et seq.) of Title 51.5. |
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| 230 | 234 | | |
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| 231 | 235 | | 14. Information held by the Virginia Commonwealth University Health System Authority pertaining to any of the following: an individual's qualifications for or continued membership on its medical or teaching staffs; proprietary information gathered by or in the possession of the Authority from third parties pursuant to a promise of confidentiality; contract cost estimates prepared for confidential use in awarding contracts for construction or the purchase of goods or services; information of a proprietary nature produced or collected by or for the Authority or members of its medical or teaching staffs; financial statements not publicly available that may be filed with the Authority from third parties; the identity, accounts, or account status of any customer of the Authority; consulting or other reports paid for by the Authority to assist the Authority in connection with its strategic planning and goals; the determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the Authority; and information of a proprietary nature produced or collected by or for employees of the Authority, other than the Authority's financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical, or scholarly issues, whether sponsored by the Authority alone or in conjunction with a governmental body or a private concern, when such information has not been publicly released, published, copyrighted, or patented. This exclusion shall also apply when such information is in the possession of Virginia Commonwealth University. |
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| 232 | 236 | | |
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| 233 | 237 | | 15. Information held by the Department of Environmental Quality, the State Water Control Board, the State Air Pollution Control Board, or the Virginia Waste Management Board relating to (i) active federal environmental enforcement actions that are considered confidential under federal law and (ii) enforcement strategies, including proposed sanctions for enforcement actions. Upon request, such information shall be disclosed after a proposed sanction resulting from the investigation has been proposed to the director of the agency. This subdivision shall not be construed to prevent the disclosure of information related to inspection reports, notices of violation, and documents detailing the nature of any environmental contamination that may have occurred or similar documents. |
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| 234 | 238 | | |
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| 235 | 239 | | 16. Information related to the operation of toll facilities that identifies an individual, vehicle, or travel itinerary, including vehicle identification data or vehicle enforcement system information; video or photographic images; Social Security or other identification numbers appearing on driver's licenses; credit card or bank account data; home addresses; phone numbers; or records of the date or time of toll facility use. |
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| 236 | 240 | | |
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| 237 | 241 | | 17. Information held by the Virginia Lottery pertaining to (i) the social security number, tax identification number, state sales tax number, home address and telephone number, personal and lottery banking account and transit numbers of a retailer, and financial information regarding the nonlottery operations of specific retail locations and (ii) individual lottery winners, except that a winner's name, hometown, and amount won shall be disclosed. If the value of the prize won by the winner exceeds $10 million, the information described in clause (ii) shall not be disclosed unless the winner consents in writing to such disclosure. |
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| 238 | 242 | | |
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| 239 | 243 | | 18. Information held by the Board for Branch Pilots relating to the chemical or drug testing of a person regulated by the Board, where such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result. |
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| 240 | 244 | | |
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| 241 | 245 | | 19. Information pertaining to the planning, scheduling, and performance of examinations of holder records pursuant to the Virginia Disposition of Unclaimed Property Act ( 55.1-2500 et seq.) prepared by or for the State Treasurer or his agents or employees or persons employed to perform an audit or examination of holder records. |
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| 242 | 246 | | |
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| 243 | 247 | | 20. Information held by the Virginia Department of Emergency Management or a local governing body relating to citizen emergency response teams established pursuant to an ordinance of a local governing body that reveal the name, address, including e-mail address, telephone or pager numbers, or operating schedule of an individual participant in the program. |
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| 244 | 248 | | |
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| 245 | 249 | | 21. Information held by state or local park and recreation departments and local and regional park authorities or by the Department of Workforce Development and Advancement concerning identifiable individuals under the age of younger than 18 years of age. However, nothing in this subdivision shall operate to prevent the disclosure of information defined as directory information under regulations implementing the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations. Access shall not be denied to the parent, including a noncustodial parent, or guardian of such person, unless the parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For such information of persons who are emancipated, the right of access may be asserted by the subject thereof. Any parent or emancipated person who is the subject of the information may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, the public body shall open such information for inspection and copying. |
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| 246 | 250 | | |
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| 247 | 251 | | 22. Information submitted for inclusion in the Statewide Alert Network administered by the Department of Emergency Management that reveal names, physical addresses, email addresses, computer or internet protocol information, telephone numbers, pager numbers, other wireless or portable communications device information, or operating schedules of individuals or agencies, where the release of such information would compromise the security of the Statewide Alert Network or individuals participating in the Statewide Alert Network. |
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| 248 | 252 | | |
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| 249 | 253 | | 23. Information held by the Judicial Inquiry and Review Commission made confidential by 17.1-913. |
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| 250 | 254 | | |
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| 251 | 255 | | 24. Information held by the Virginia Retirement System acting pursuant to 51.1-124.30, a local retirement system acting pursuant to 51.1-803 (hereinafter collectively referred to as the retirement system), or the Commonwealth Savers Plan, acting pursuant to 23.1-704 relating to: |
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| 252 | 256 | | |
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| 253 | 257 | | a. Internal deliberations of or decisions by the retirement system or the Commonwealth Savers Plan on the pursuit of particular investment strategies, or the selection or termination of investment managers, prior to the execution of such investment strategies or the selection or termination of such managers, if disclosure of such information would have an adverse impact on the financial interest of the retirement system or the Commonwealth Savers Plan; and |
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| 254 | 258 | | |
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| 255 | 259 | | b. Trade secrets provided by a private entity to the retirement system or the Commonwealth Savers Plan if disclosure of such records would have an adverse impact on the financial interest of the retirement system or the Commonwealth Savers Plan. |
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| 256 | 260 | | |
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| 257 | 261 | | For the records specified in subdivision b to be excluded from the provisions of this chapter, the entity shall make a written request to the retirement system or the Commonwealth Savers Plan: |
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| 258 | 262 | | |
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| 259 | 263 | | (1) Invoking such exclusion prior to or upon submission of the data or other materials for which protection from disclosure is sought; |
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| 260 | 264 | | |
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| 261 | 265 | | (2) Identifying with specificity the data or other materials for which protection is sought; and |
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| 262 | 266 | | |
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| 263 | 267 | | (3) Stating the reasons why protection is necessary. |
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| 264 | 268 | | |
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| 265 | 269 | | The retirement system or the Commonwealth Savers Plan shall determine whether the requested exclusion from disclosure meets the requirements set forth in subdivision b. |
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| 266 | 270 | | |
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| 267 | 271 | | Nothing in this subdivision shall be construed to prevent the disclosure of the identity or amount of any investment held or the present value and performance of all asset classes and subclasses. |
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| 268 | 272 | | |
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| 269 | 273 | | 25. Information held by the Department of Corrections made confidential by former 53.1-233. |
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| 270 | 274 | | |
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| 271 | 275 | | 26. Information maintained by the Department of the Treasury or participants in the Local Government Investment Pool ( 2.2-4600 et seq.) and required to be provided by such participants to the Department to establish accounts in accordance with 2.2-4602. |
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| 272 | 276 | | |
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| 273 | 277 | | 27. Personal information, as defined in 2.2-3801, contained in the Veterans Care Center Resident Trust Funds concerning residents or patients of the Department of Veterans Services Care Centers, except that access shall not be denied to the person who is the subject of the information. |
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| 274 | 278 | | |
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| 275 | 279 | | 28. Information maintained in connection with fundraising activities by the Veterans Services Foundation pursuant to 2.2-2716 that reveal the address, electronic mail address, facsimile or telephone number, social security number or other identification number appearing on a driver's license or other document issued under Chapter 3 ( 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, or credit card or bank account data of identifiable donors, except that access shall not be denied to the person who is the subject of the information. Nothing in this subdivision, however, shall be construed to prevent the disclosure of information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor, unless the donor has requested anonymity in connection with or as a condition of making a pledge or donation. The exclusion provided by this subdivision shall not apply to protect from disclosure (i) the identities of sponsors providing grants to or contracting with the foundation for the performance of services or other work or (ii) the terms and conditions of such grants or contracts. |
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| 276 | 280 | | |
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| 277 | 281 | | 29. Information prepared for and utilized by the Commonwealth's Attorneys' Services Council in the training of state prosecutors or law-enforcement personnel, where such information is not otherwise available to the public and the disclosure of such information would reveal confidential strategies, methods, or procedures to be employed in law-enforcement activities or materials created for the investigation and prosecution of a criminal case. |
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| 278 | 282 | | |
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| 279 | 283 | | 30. Information provided to the Department of Aviation by other entities of the Commonwealth in connection with the operation of aircraft where the information would not be subject to disclosure by the entity providing the information. The entity providing the information to the Department of Aviation shall identify the specific information to be protected and the applicable provision of this chapter that excludes the information from mandatory disclosure. |
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| 280 | 284 | | |
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| 281 | 285 | | 31. Information created or maintained by or on the behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge made confidential by 17.1-100. |
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| 282 | 286 | | |
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| 283 | 287 | | 32. Information reflecting the substance of meetings in which (i) individual sexual assault cases are discussed by any sexual assault response team established pursuant to 15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses involving a child are discussed by multidisciplinary child sexual abuse response teams established pursuant to 15.2-1627.5, (iii) individual cases of abuse, neglect, or exploitation of adults as defined in 63.2-1603 are discussed by multidisciplinary teams established pursuant to 15.2-1627.5 and 63.2-1605, or (iv) individual human trafficking cases are discussed by any human trafficking response team established pursuant to 15.2-1627.6. The findings of any such team may be disclosed or published in statistical or other aggregated form that does not disclose the identity of specific individuals. |
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| 284 | 288 | | |
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| 285 | 289 | | 33. Information contained in the strategic plan, marketing plan, or operational plan prepared by the Virginia Economic Development Partnership Authority pursuant to 2.2-2237.1 regarding target companies, specific allocation of resources and staff for marketing activities, and specific marketing activities that would reveal to the Commonwealth's competitors for economic development projects the strategies intended to be deployed by the Commonwealth, thereby adversely affecting the financial interest of the Commonwealth. The executive summaries of the strategic plan, marketing plan, and operational plan shall not be redacted or withheld pursuant to this subdivision. |
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| 286 | 290 | | |
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| 287 | 291 | | 34. Information discussed in a closed session of the Physical Therapy Compact Commission or the Executive Board or other committees of the Commission for purposes set forth in subsection E of 54.1-3491. |
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| 288 | 292 | | |
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| 289 | 293 | | 35. Information held by the Commonwealth of Virginia Innovation Partnership Authority (the Authority), an advisory committee of the Authority, or any other entity designated by the Authority, relating to (i) internal deliberations of or decisions by the Authority on the pursuit of particular investment strategies prior to the execution of such investment strategies and (ii) trade secrets, as defined in the Uniform Trade Secrets Act ( 59.1-336 et seq.), provided by a private entity to the Authority, if such disclosure of records pursuant to clause (i) or (ii) would have an adverse impact on the financial interest of the Authority or a private entity. |
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| 290 | 294 | | |
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| 291 | 295 | | 36. Personal information provided to or obtained by the Virginia Lottery in connection with the voluntary exclusion program administered pursuant to 58.1-4015.1. |
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| 292 | 296 | | |
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| 293 | 297 | | 37. Personal information provided to or obtained by the Virginia Lottery concerning the identity of any person reporting prohibited conduct pursuant to 58.1-4043. |
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