Higher Education and Employment Advancement Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6236
AN ACT EXEMPTING CERTAIN INFORMATION CONCERNING CONCRETE
FOUNDATIONS FROM PUBLIC DISCLOSURE UNDER THE FREEDOM OF
Title: INFORMATION ACT.
Vote Date: 3/22/2021
Vote Action: Joint Favorable
PH Date: 2/18/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
REP. FOSTER, 57th Dist.
SEN. OSTEN, 19th Dist.
SEN. ANWAR, 3rd Dist.
REP. HAINES, 34th Dist.
REASONS FOR BILL:
To add any records maintained or kept on file by a public higher education institution relating
to claims or testing for faulty or failing concrete foundations in residential buildings to the list
of records exempted under the Freedom of Information Act.
RESPONSE FROM ADMINISTRATION/AGENCY:
Freedom of Information (FOI) Commission:
Submitted written testimony in support. The commission has concerns with specific legal
wording that may have conflicting definitions and whether "the proposal might prohibit the
disclosure of any final studies issued by constituent units of higher education," but will be
meeting with proponents to discuss them.
James Mahoney, Associate Director, UConn:
Submitted written and oral testimony in support. Mr. Mahoney provides background on his
colleagues' and his research and requests a Freedom of Information Act exemption. "Having
a FOIA exemption similar to other Connecticut State agencies," and specifically for pyrrhotite,
he says, "would allow the possibility of data sharing between UConn and the other State
agencies [and] provide homeowners requesting testing to have confidence that their data
will remain confidential." He says not securing an exemption could result in the following:
"UConns important research to develop a risk assessment model may take longer and
the much needed model may not be as accurate.
Negative affect on a homeowners financial standing, possibly place their house
underwater with regard to their mortgage.
Lenders and insurers could use information about other houses in the neighborhood to
make lending and insurance premium decisions if the information collected as part of
this project is subject to FOIA requests."
During the public hearing, Sen. Haskell raised the concerns expressed by the FOI
Commission. Mr. Mahoney addressed them, saying, "I don't envision that as being a problem
because we would be able to blind the data sufficiently so that you wouldn't be able to get it
down on a very granular level," and that their grant requires publication of the final study.
Deborah Schander State Librarian, Connecticut State Library:
Submitted written testimony in opposition with substitute language. Ms. Schander says, "H.B.
6236, as currently written, raises concerns for access to public records with potential
historical value Given the scope and the economic impact of faulty and failing concrete
foundations, records related to research on the concentration of pyrrhotite in concrete has
historic value and should be preserved and made available to future researchers." She says
recent exemptions "have created new barriers and confusion over access to historical
records in the State Archives." Ms. Schander say, "The State Library encourages the
committee to retain an expiration date for the exemption in the final version of the bill."
NATURE AND SOURCES OF SUPPORT:
See Agency/Administration response.
NATURE AND SOURCES OF OPPOSITION:
See Agency/Administration response.
Reported by: Jeremy Salyer Date: 04/05/2021
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