S.F. 2443 Section 1. Section 388.9, subsection 1, Code 2026, is 1 amended to read as follows: 2 1. Notwithstanding section 21.5, subsection 1 , the 3 governing body of a city utility or combined utility system, 4 or a city enterprise or combined city enterprise as defined in 5 section 384.80 , by a vote of two-thirds of the members of the 6 body or all of the members present at the meeting, may hold 7 a closed session to discuss marketing and pricing strategies 8 or proprietary information if its the competitive position 9 of the city utility or combined utility system, other public 10 utilities, or a third party utility vendor would be harmed 11 by public disclosure and such disclosure is not required of 12 potential or actual competitors , and if no public purpose would 13 be served by such disclosure . The minutes and an audio or 14 audiovisual recording of a session closed under this subsection 15 shall be available for public examination at that point in time 16 when the public disclosure would no longer harm the utility’s 17 competitive position. 18 Sec. 2. Section 388.9, subsection 2, paragraph b, Code 2026, 19 is amended to read as follows: 20 b. For purposes of this subsection section , “proprietary 21 information” includes confidential information pursuant to 22 section 22.7; customer records that if disclosed would harm 23 the competitive position of a customer or an electric utility ; 24 or information required by a noncustomer contracting party to 25 be kept confidential pursuant to a nondisclosure agreement 26 which relates related to electric transmission planning 27 and construction, critical energy infrastructure, electric 28 generation capacity planning, energy markets or prices, or an 29 ownership interest or acquisition of an ownership interest in 30 an electric generating facility, including but not limited to 31 information required to be kept confidential pursuant to a 32 nondisclosure agreement, or other information made confidential 33 by law or rule. 34 -1- SF 2443 (2) 91 ms/js/mb 1/ 1