§22.1. Port economic development negotiations

A. Notwithstanding any other provision of this Chapter to the contrary, records that are in the custody of a port commission or a port, harbor, and terminal district that pertain to an active negotiation with a person for the purpose of a proposed project involving the retention, expansion, or attraction of further economic development of the port under its supervision and that relate to or facilitate the transportation of goods in domestic or international commerce shall be confidential and shall not be subject to the provisions of R.S. 44:31, 32, or 33 if the person requests such confidentiality in writing detailing the reasons such person requests confidentiality and asserting that the negotiation is conditioned in whole or in part on the maintenance of such confidentiality, and the chief executive officer of the commission or district determines that the disclosure of such records would have a detrimental effect on the negotiation. Each determination by the chief executive officer shall include reasons for the determination. The commission or district shall publish in its official journal a notice containing general information regarding each negotiation to which records are confidential pursuant to this Section no later than ten days after the determination of confidentiality. Such notice shall include the date of the chief executive officer's determination. Records of expenses of the commission or district pertaining to the negotiation shall be public and subject to review, except that the chief executive officer may redact information that he determines would identify or lead to the identification of the person with whom the commission or district is negotiating and such information shall be confidential until the negotiations are concluded. However, immediately on the conclusion of the negotiation, all such records shall be subject to the provisions of this Chapter.

B. No information made confidential pursuant to Subsection A of this Section shall remain confidential for more than twelve months from the date of the chief executive officer's determination of confidentiality; however, if the negotiation remains active and the chief executive officer makes a new determination that the disclosure of the information would be detrimental to the negotiations and gives notice as provided in Subsection A of this Section, such information shall remain confidential while the negotiation remains active, not to exceed an additional twelve months. Under no circumstances shall information made confidential pursuant to this Section remain confidential for more than twenty-four months from the date of the initial determination of the chief executive officer.

C. For the purposes of this Section, "active negotiation" or "negotiation remains active" shall mean a negotiation which has commenced concerning a project for the retention, expansion, or location of public port facilities and operations which relate to or facilitate the transportation of goods in domestic or international commerce and which is not concluded when the commission or district receives a request for information or other similar document concerning the project. For the purposes of this Section, a negotiation is no longer active or is concluded when the commission or district decides no longer to actively pursue the proposed project with the person; when the person with whom the commission or district was negotiating decides not to pursue the proposed project; or when a proposal affecting the negotiation is submitted to a public body for consideration by the public body in a public meeting, whichever occurs earlier.

D. The provisions of Subsection A of this Section shall not apply to any application for a license or permit or to any record of negotiations concerning any hazardous waste or waste site as "hazardous waste" and "waste" are defined in R.S. 30:2173.

E. The provisions of this Section shall have no effect unless the party whose information is being maintained as confidential also maintains as confidential any information provided to the party by the commission or district concerning the project which remains in active negotiation.

Acts 2018, No. 175, §1, eff. May 15, 2018.