H.F. _____ Section 1. NEW SECTION . 357A.11A Competitive information. 1 1. Notwithstanding section 21.5, subsection 1, the board 2 of a district by a vote of two-thirds of the members of the 3 body or all of the members present at the meeting, may hold 4 a closed session to discuss marketing and pricing strategies 5 or proprietary information if its competitive position would 6 be harmed by public disclosure not required of potential or 7 actual competitors, and if no public purpose would be served by 8 such disclosure. The minutes and a tape recording of a session 9 closed under this subsection shall be available for public 10 examination at that point in time when the public disclosure 11 would no longer harm the district’s competitive position. 12 2. a. Notwithstanding section 22.2, subsection 1, public 13 records of a district, which shall not be examined or copied as 14 of right, include proprietary information, records of customer 15 names and accounts, any portion of a record that contains 16 private customer information, records associated with marketing 17 or pricing strategies, preliminary working papers, spreadsheet 18 scenarios, and cost data, if the competitive position of the 19 district would be harmed by public disclosure not required of a 20 potential or actual competitor, and if no public purpose would 21 be served by such disclosure. A public record not subject to 22 examination or copying under this subsection shall be available 23 for public examination and copying at that point in time when 24 public disclosure would no longer harm the competitive position 25 of the district. 26 b. For purposes of this subsection, “proprietary 27 information” includes customer records that if disclosed would 28 harm the competitive position of a customer; or information 29 required by a noncustomer contracting party to be kept 30 confidential pursuant to a nondisclosure agreement which 31 relates to electric transmission planning and construction, 32 critical energy infrastructure, an ownership interest or 33 acquisition of an ownership interest in an electric generating 34 facility, or other information made confidential by law or 35 -1- LSB 5630YC (7) 84 aw/rj 1/ 4

H.F. _____ rule. 1 c. For purposes of this subsection, “private customer 2 information” means information concerning a specific customer, 3 a specific customer account, or a specific user of an internet 4 site if the board of the district adopts a policy defining such 5 information as private customer information in order to protect 6 the privacy of customers or internet site user information and 7 records. 8 Sec. 2. Section 388.9, subsection 2, paragraph a, Code 2011, 9 is amended to read as follows: 10 a. Notwithstanding section 22.2, subsection 1 , public 11 records of a city utility or combined utility system, or a city 12 enterprise or combined city enterprise as defined in section 13 384.80 , which shall not be examined or copied as of right, 14 include proprietary information, records of customer names 15 and accounts, any portion of a record that contains private 16 customer information, records associated with marketing or 17 pricing strategies, preliminary working papers, spreadsheet 18 scenarios, and cost data, if the competitive position of the 19 city utility, combined utility system, city enterprise, or 20 combined city enterprise would be harmed by public disclosure 21 not required of a potential or actual competitor, and if 22 no public purpose would be served by such disclosure. A 23 public record not subject to examination or copying under 24 this subsection shall be available for public examination and 25 copying at that point in time when public disclosure would 26 no longer harm the competitive position of the city utility, 27 combined utility system, city enterprise, or combined city 28 enterprise. 29 Sec. 3. Section 388.9, subsection 2, Code 2011, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . c. For purposes of this subsection, “private 32 customer information” means information concerning a specific 33 customer, a specific customer account, or a specific user of 34 an internet site if the governing body of the city utility or 35 -2- LSB 5630YC (7) 84 aw/rj 2/ 4

H.F. _____ combined utility system, or the city enterprise or combined 1 city enterprise adopts a policy defining such information as 2 private customer information in order to protect the privacy of 3 customers or internet site user information and records. 4 EXPLANATION 5 This bill relates to the customer records of rural water 6 districts, city utilities, and city enterprises. 7 The bill provides that the boards of rural water districts 8 may hold closed sessions to discuss certain information, 9 notwithstanding the requirements of Code section 21.5(1). The 10 bill requires that the minutes and a tape recording of such 11 a closed session be available for public examination at the 12 time that public disclosure would no longer harm a district’s 13 competitive position. 14 The bill provides that public records of such districts 15 including proprietary information, records of customer names 16 and accounts, any portion of a record that contains private 17 customer information, records associated with marketing or 18 pricing strategies, preliminary working papers, spreadsheet 19 scenarios, and cost data, of a district shall not be examined 20 or copied as of right in the event that the competitive 21 position of the district would be harmed by disclosure and if 22 no public purpose would be served by such disclosure. The bill 23 requires that such records be available for public examination 24 at the time that public disclosure would no longer harm a 25 district’s competitive position. 26 The bill provides that proprietary information of such 27 districts includes customer records that would harm the 28 competitive position of a customer, energy-related information 29 required by a noncustomer contracting party to be kept 30 confidential, or other information made confidential by law or 31 rule. 32 The bill defines private customer information as information 33 concerning a specific customer, a specific customer account, 34 or a specific user of an internet site if the board of the 35 -3- LSB 5630YC (7) 84 aw/rj 3/ 4

H.F. _____ district has adopted a privacy policy defining such information 1 as private customer information. 2 The bill provides that portions of records of a city utility 3 or combined utility system, or a city enterprise or combined 4 city enterprise containing private customer information shall 5 not be examined or copied as of right pursuant to Code section 6 22.2(1). The bill defines private customer information 7 as information concerning a specific customer, a specific 8 customer account, or a specific user of an internet site if 9 the governing body of the city utility or city enterprise has 10 adopted a privacy policy defining such information as private 11 customer information. 12 -4- LSB 5630YC (7) 84 aw/rj 4/ 4