Whereas, it is necessary that state agencies have timely access to information about the technical operations and facilities of public utilities in Maine to enable these agencies to carry out their roles in emergency preparedness and response, law enforcement and public health and safety activities; and

Whereas, the public release of some of that information may compromise the security of utility infrastructure and operations; and

Whereas, some of that information is needed to support current planning efforts related to potential energy emergencies in the State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 35-A MRSA §1311-B is enacted to read:

§1311-B.__Security of utility information

When, after consultation with the Department of Public Safety and the Department of Defense, Veterans and Emergency Management, the commission determines that the public release by the commission of specific information about public utility technical operations in the State could compromise the security of public utility systems to the detriment of the public interest, the commission shall designate such information as confidential.__ Such information may include, but is not limited to, emergency response plans and network diagrams.__The commission may not release information designated as confidential under this section and shall take appropriate steps to protect any such information in its possession, except that the commission shall provide information designated confidential under this section to other state agencies to support emergency preparedness and response, law enforcement and public health and safety activities.__The state agencies may not publicly release information designated as confidential under this section unless it is determined by the state agencies as necessary for the protection of public health and safety.