1. (a) All records submitted to the Department pursuant to the Act or this chapter are subject to mandatory disclosure under the Public Records Act, Division 10 (commencing with section 7920.000) of Title 1 of the Government Code, unless an express exemption from mandatory disclosure applies under the Act or the Public Records Act.
2. (b) Subject to the requirements of this section and subdivision (b) of section 18980.6.6, the Department shall not disclose information or records that constitutes a trade secret, as defined in subdivision (d) of section 3426.1 of the Civil Code, in response to public records requests.

3. (c) For any information submitted to the Department that is claimed by the person submitting it to be partially or wholly exempt from disclosure under the Public Records Act, the person shall clearly identify such information and provide the legal basis for it being exempt. Where such basis is that the information constitutes a trade secret, the person shall:

   1. (1) Expressly designate as “trade secret” each portion of the submission containing such information. Such designation may be made by directly labeling the portion as such or, if direct labeling is impractical, by submitting written explanation clearly explaining what portions of the submission contain trade secrets.
   2. (2) At the time of submission, provide the name of the individual to be contacted regarding requests received by the Department for disclosure of the information. Unless already on file with the Department pursuant to section 18980.10, the individual's address and telephone number shall also be provided.
4. (d) Any portions of submissions that are not specifically designated as containing a trade secret shall be considered not to contain trade secrets and, unless some other express exemption or prohibition applies and is clearly identified as described in subdivision (c), shall be deemed subject to mandatory disclosure under the Public Records Act.
5. (e) For information that a person was required to submit pursuant to this chapter or the Act, the Department shall follow the procedures set forth in section 40062 of the Public Resources Code when determining whether information has been properly identified a trade secret. The information shall be considered subject to section 40062 of the Public Resources Code regardless of the form in which it is maintained by the Department, and sections 17044 through 17047 of Title 14 of the California Code of Regulations shall not apply to such information.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 40062, 42060 and 42080, Public Resources Code.

History

1. New article 14 (section 18980.14) and section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).