SENATE BILL 24-151
BY SENATOR(S) Lundeen and Roberts, Baisley, Bridges, Buckner, Cutter,
Exum, Fields, Gardner, Hansen, Michaelson Jenet, Mullica, Priola,
Van Winkle;
also REPRESENTATIVE(S) Lukens and Soper, Bird, Duran, Hamrick,
Joseph, Lieder, Mauro, McCormick, Ricks, Snyder, Titone.
C
ONCERNING TELECOMMUNICATIONS SECURITY , AND, IN CONNECTION
THEREWITH
, REQUIRING THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT WITHIN THE DEPARTMENT OF PUBLIC
SAFETY TO PROMULGATE RULES RELATED TO THE REMOVAL
,
DISCONTINUANCE , OR REPLACEMENT OF CRITICAL
TELECOMMUNICATIONS INFRASTRUCTURE THAT UTILIZES EQUIPMENT
MANUFACTURED BY A FEDERALLY BANNED ENTITY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly finds
and declares that it is in the best interest of the state to secure Colorado's
telecommunications network and protect national security by identifying
and removing communications hardware and software that is produced by
countries of concern or by other sanctioned entities from Colorado's
telecommunications network and by monitoring the progress of the removal
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. of such equipment.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-1624 as
follows:
24-33.5-1624. Telecommunications security -
telecommunications network - national security - general provisions -
registration - rules - secure telecommunications cash fund - definitions.
(1) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) (I) "C
RITICAL TELECOMMUNICATIONS INFRASTRUCTURE " MEANS
ALL PHYSICAL TELECOMMUNICATIONS INFRASTRUCTURE AND EQUIPMENT
THAT SUPPORTS THE TRANSMISSION OF INFORMATION
, REGARDLESS OF THE
TRANSMISSION MEDIUM OR TECHNOLOGY EMPLOYED
, AND THAT CONNECTS
TO A TELECOMMUNICATIONS NETWORK THAT PERMITS THE USER TO ENGAGE
IN THE USE OF TELECOMMUNICATIONS SERVICE
, INCLUDING
TELECOMMUNICATIONS SERVICE PROVIDED DIRECTLY TO THE PUBLIC OR TO
SUCH CLASSES OF USES AS TO BE EFFECTIVELY AVAILABLE TO THE PUBLIC
.
(II) "C
RITICAL TELECOMMUNICATIONS INFRASTRUCTURE " DOES NOT
INCLUDE TELECOMMUNICATIONS EQUIPMENT THAT IS USED SOLELY FOR THE
OPERATION OF A UTILITY AND THAT IS NOT USED IN CONNECTION WITH
TELECOMMUNICATIONS SERVICE OFFERED TO THE PUBLIC
.
(b) "F
EDERALLY BANNED ENTITY " MEANS ANY ENTITY OR
EQUIPMENT THAT THE FEDERAL GOVERNMENT HAS BANNED OR IMPOSED
SANCTIONS AGAINST
, INCLUDING BANNING OR SANCTIONS IMPOSED BY THE
FOLLOWING FEDERAL AGENCIES AND ACTS
:
(I) T
HE FEDERAL COMMUNICATIONS COMMISSION , INCLUDING:
(A) A
NY ENTITY, EQUIPMENT, OR SERVICE DEEMED TO POSE A
THREAT TO NATIONAL SECURITY IDENTIFIED ON THE COVERED LIST
DESCRIBED IN
47 CFR 1.50002; AND
(B) ANY ENTITY, EQUIPMENT, OR SERVICE IDENTIFIED ON THE
COVERED LIST PUBLISHED BY THE PUBLIC SAFETY AND HOMELAND SECURITY
BUREAU PURSUANT TO THE FEDERAL
"SECURE AND TRUSTED
COMMUNICATIONS NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ.,
PAGE 2-SENATE BILL 24-151 AS AMENDED;
(II) T
HE UNITED STATES DEPARTMENT OF COMMERCE ;
(III) T
HE UNITED STATES CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY
;
(IV) T
HE FEDERAL ACQUISITION SECURITY COUNCIL , ESTABLISHED
PURSUANT TO THE FEDERAL
"SECURE TECHNOLOGY ACT", 41 U.S.C. SEC.
1322,
AS AMENDED; AND
(V) SECTION 889 OF THE FEDERAL "JOHN S. MCCAIN NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019", PUB.L. 115-232.
(c) (I) "T
ELECOMMUNICATIONS PROVIDER " MEANS AN ENTITY THAT
OFFERS WIRELESS TELECOMMUNICATIONS SERVICE FOR A FEE DIRECTLY TO
THE PUBLIC OR TO SUCH CLASSES OF USES AS TO BE EFFECTIVELY AVAILABLE
TO THE PUBLIC
.
(II) "T
ELECOMMUNICATIONS PROVIDER " DOES NOT INCLUDE A
MUNICIPALITY OR A MUNICIPALLY OWNED UTILITY
.
(2) General provisions. (a) A
LL CRITICAL TELECOMMUNICATIONS
INFRASTRUCTURE LOCATED WITHIN
COLORADO MUST BE CONSTRUCTED TO
NOT INCLUDE ANY EQUIPMENT MANUFACTURED BY A FEDERALLY BANNED
ENTITY OR ANY OTHER TELECOMMUNICATIONS EQUIPMENT THAT IS BANNED
BY THE FEDERAL GOVERNMENT
.
(b) (I) F
OR ALL CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE
LOCATED WITHIN
COLORADO THAT IS CURRENTLY IN OPERATION AND THAT
UTILIZES EQUIPMENT THAT IS PROHIBITED BY SUBSECTION
(2)(a) OF THIS
SECTION
, THE PROHIBITED EQUIPMENT MUST BE REMOVED AND REPLACED
WITH EQUIPMENT THAT IS NOT MANUFACTURED BY A FEDERALLY BANNED
ENTITY
, IN ACCORDANCE WITH THE FEDERAL "SECURE AND TRUSTED
COMMUNICATIONS NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ.,
AS AMENDED.
(II) A
TELECOMMUNICATIONS PROVIDER THAT REMOVES ,
DISCONTINUES, OR REPLACES ANY TELECOMMUNICATIONS EQUIPMENT
MANUFACTURED BY A FEDERALLY BANNED ENTITY IS NOT REQUIRED TO
PAGE 3-SENATE BILL 24-151 OBTAIN ADDITIONAL PERMITS FROM ANY STATE AGENCY OR POLITICAL
SUBDIVISION OF THE STATE FOR THE REMOVAL
, DISCONTINUANCE, OR
REPLACEMENT OF THE TELECOMMUNICATIONS EQUIPMENT IF
:
(A) T
HE TELECOMMUNICATIONS PROVIDER NOTIFIES THE DIVISION OR
RELEVANT POLITICAL SUBDIVISION OF THE STATE OF THE NECESSARY
REMOVAL
, DISCONTINUANCE , OR REPLACEMENT OF THE
TELECOMMUNICATIONS EQUIPMENT
; AND
(B) THE REPLACEMENT TELECOMMUNICATIONS EQUIPMENT IS
SUBSTANTIALLY SIMILAR TO THE EXISTING TELECOMMUNICATIONS
EQUIPMENT THAT IS BEING REPLACED
.
(III) I
F THE REMOVAL, DISCONTINUANCE, OR REPLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT REQUIRES ANY WORK TO BE COMPLETED
IN A PUBLIC RIGHT
-OF-WAY OR ON ANY PROPERTY OWNED OR CONTROLLED
BY A PUBLIC ENTITY
, A TELECOMMUNICATIONS PROVIDER SHALL :
(A) C
OMPLY WITH THE REQUIREMENTS OF SUBSECTION (2)(b)(II) OF
THIS SECTION
;
(B) P
ROVIDE NOTICE TO THE RELEVANT PUBLIC ENTITY AT LEAST
SEVEN DAYS BEFORE BEGINNING ANY WORK
; AND
(C) COORDINATE WITH THE RELEVANT PUBLIC ENTITY FOR
COMPLETION OF THE WORK
.
(3) Registration - rules. (a) O
N OR BEFORE JANUARY 15, 2025, A
TELECOMMUNICATIONS PROVIDER WITH CRITICAL TELECOMMUNICATIONS
INFRASTRUCTURE LOCATED IN
COLORADO SHALL REGISTER WITH THE
DIVISION AND PAY AN INITIAL FIFTY
-DOLLAR REGISTRATION FEE . THE
DIVISION SHALL TRANSMIT THE INITIAL FIFTY
-DOLLAR REGISTRATION FEE TO
THE STATE TREASURER
, WHO SHALL CREDIT THE MONEY TO THE SECURE
TELECOMMUNICATIONS CASH FUND CREATED IN SUBSECTION
(5) OF THIS
SECTION
.
(b) A
TELECOMMUNICATIONS PROVIDER THAT REGISTERS WITH THE
DIVISION PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION SHALL:
(I) P
ROVIDE THE DIVISION WITH THE NAME , ADDRESS, TELEPHONE
PAGE 4-SENATE BILL 24-151 NUMBER, AND E-MAIL ADDRESS OF THE PRIMARY POINT OF CONTACT WHO
OVERSEES THE OPERATION OF TELECOMMUNICATIONS SERVICE IN
COLORADO
BY THE TELECOMMUNICATIONS PROVIDER
;
(II) P
AY THE INITIAL REGISTRATION FEE PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION; AND
(III) CERTIFY TO THE DIVISION BY JANUARY 15 OF EACH YEAR THAT
ALL CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE OPERATED BY THE
TELECOMMUNICATIONS PROVIDER IN
COLORADO:
(A) D
OES NOT USE ANY TELECOMMUNICATIONS EQUIPMENT
MANUFACTURED BY A FEDERALLY BANNED ENTITY
; OR
(B) USES TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A
FEDERALLY BANNED ENTITY
, BUT THE TELECOMMUNICATIONS PROVIDER IS
A PARTICIPANT IN THE FEDERAL SECURE AND TRUSTED COMMUNICATIONS
NETWORKS REIMBURSEMENT PROGRAM
, ESTABLISHED BY THE FEDERAL
"SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019", 47
U.S.C.
SEC. 1601 ET SEQ., AS AMENDED, AND IS IN COMPLIANCE WITH THE
REIMBURSEMENT PROGRAM
.
(c) (I) A
TELECOMMUNICATIONS PROVIDER MUST REGISTER WITH THE
DIVISION IN ACCORDANCE WITH SUBSECTIONS
(3)(a) AND (3)(b) OF THIS
SECTION BY
JANUARY 15 OF EACH YEAR UNTIL THE TELECOMMUNICATIONS
PROVIDER CERTIFIES TO THE DIVISION THAT ALL TELECOMMUNICATIONS
EQUIPMENT PROHIBITED PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION
HAS BEEN REMOVED FROM ALL CRITICAL TELECOMMUNICATIONS
INFRASTRUCTURE LOCATED WITHIN
COLORADO.
(II) A
TELECOMMUNICATIONS PROVIDER THAT INITIALLY CERTIFIES ,
PURSUANT TO SUBSECTION (3)(b)(III)(A) OF THIS SECTION, THAT IT DOES
NOT USE TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A
FEDERALLY BANNED ENTITY IS NOT REQUIRED TO FURTHER REGISTER OR
SUBMIT STATUS REPORTS TO THE DIVISION IN ACCORDANCE WITH
SUBSECTION
(3)(d) OF THIS SECTION.
(d) (I) I
F A TELECOMMUNICATIONS PROVIDER CERTIFIES TO THE
DIVISION THAT IT IS A PARTICIPANT IN THE FEDERAL SECURE AND TRUSTED
COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM
, PURSUANT TO
PAGE 5-SENATE BILL 24-151 SUBSECTION (3)(b)(III)(B) OF THIS SECTION , AND THAT THE
TELECOMMUNICATIONS PROVIDER IS IN THE PROCESS OF REMOVING THE
TELECOMMUNICATIONS EQUIPMENT PROHIBITED PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION, THE TELECOMMUNICATIONS PROVIDER SHALL
PROVIDE TO THE DIVISION COPIES OF ANY STATUS UPDATE REQUIRED BY THE
FEDERAL GOVERNMENT AS PART OF THE FEDERAL
"SECURE AND TRUSTED
COMMUNICATIONS NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ.,
AS AMENDED.
(II) T
HE DIVISION SHALL NOT REQUIRE A TELECOMMUNICATIONS
PROVIDER TO PROVIDE MORE THAN TWO STATUS REPORTS IN A CALENDAR
YEAR AND SHALL NOT COLLECT ANY MORE INFORMATION FROM THE
TELECOMMUNICATIONS PROVIDER THAN WHAT THE TELECOMMUNICATIONS
PROVIDER IS REQUIRED TO PROVIDE TO THE FEDERAL GOVERNMENT
.
(III) T
HE DIVISION SHALL NOT REQUIRE A TELECOMMUNICATIONS
PROVIDER TO PAY MORE THAN THE INITIAL FIFTY
-DOLLAR REGISTRATION FEE,
EVEN IF THE TELECOMMUNICATIONS PROVIDER MUST CONTINUE TO CERTIFY
TO THE DIVISION THAT THE TELECOMMUNICATIONS PROVIDER USES
TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A FEDERALLY
BANNED ENTITY IN ACCORDANCE WITH SUBSECTION
(3)(c)(I) OF THIS
SECTION AND PROVIDE STATUS UPDATES TO THE DIVISION IN ACCORDANCE
WITH THIS SUBSECTION
(3)(d).
(4) Rules. T
HE DIRECTOR OF THE DIVISION SHALL PROMULGATE AND
ENFORCE ANY RULES NECESSARY TO IMPLEMENT THIS SECTION
, INCLUDING:
(a) D
EVELOPING PROCEDURES FOR A TELECOMMUNICATIONS
PROVIDER TO NOTIFY ANY RELEVANT STATE AGENCIES OR POLITICAL
SUBDIVISIONS OF THE STATE WHEN THE TELECOMMUNICATIONS PROVIDER IS
PLANNING TO REMOVE
, DISCONTINUE , OR REPLACE ANY
TELECOMMUNICATIONS EQUIPMENT FROM A FEDERALLY BANNED ENTITY
;
AND
(b) ESTABLISHING REGISTRATION PROCEDURES AND FEES IN
ACCORDANCE WITH SUBSECTION
(3) OF THIS SECTION.
(5) Secure telecommunications cash fund - created. (a) T
HE
SECURE TELECOMMUNICATIONS CASH FUND IS CREATED IN THE STATE
TREASURY
. THE FUND CONSISTS OF THE REGISTRATION FEES COLLECTED BY
PAGE 6-SENATE BILL 24-151 THE DIVISION AND CREDITED TO THE FUND PURSUANT TO SUBSECTION (3)(a)
OF THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY
MAY APPROPRIATE OR TRANSFER TO THE FUND
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE SECURE
TELECOMMUNICATIONS CASH FUND TO THE FUND
.
(c) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY
, THE DIVISION MAY EXPEND MONEY FROM THE SECURE
TELECOMMUNICATIONS CASH FUND FOR THE PURPOSES SPECIFIED IN THIS
SECTION
.
SECTION 3. In Colorado Revised Statutes, 24-33.5-1604, add (6)
as follows:
24-33.5-1604. Duties and powers of the division - rules.
(6) (a) T
HE DIVISION SHALL IMPLEMENT SECTION 24-33.5-1624 IN ORDER TO
ENSURE A SECURE TELECOMMUNICATIONS NETWORK IN
COLORADO.
(b) T
HE DIRECTOR OF THE DIVISION MAY PROMULGATE RULES
RELATED TO TELECOMMUNICATIONS SECURITY IN ACCORDANCE WITH
SECTION
24-33.5-1624.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-SENATE BILL 24-151 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 24-151