Texas 2017 - 85th Regular

Texas Senate Bill SB83 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Hall, et al. S.B. No. 83
2		-	(In the Senate - Filed November 14, 2016; January 24, 2017,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	May 1, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; May 1, 2017, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 83 By: Creighton
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to protection of energy critical infrastructure from
13	7		electromagnetic, geomagnetic, physical, and cyber-attack threats.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Chapter 418, Government Code, is amended by
16	10		adding Subchapter I to read as follows:
17	11		SUBCHAPTER I. ELECTROMAGNETIC THREAT PREPAREDNESS
18	12		Sec. 418.201. ELECTROMAGNETIC THREAT PREPAREDNESS TASK
19	13		FORCE. (a) In this section, "energy critical infrastructure"
20	14		means an electrical power generation facility, substation,
21	15		switching station, electrical control center, or electrical
22	16		transmission or distribution facility and includes an associated
23	17		electronic control center and other electronic infrastructure used
24	18		in electric power delivery.
25	19		(b) The electromagnetic threat preparedness task force is
26	20		created. The task force shall coordinate with the Commission to
27	21		Assess the Threat to the United States from Electromagnetic Pulse
28	22		(EMP) Attack, the United States Department of Defense, the United
29	23		States Department of Energy, and the United States Department of
30	24		Homeland Security to apply research and information on
31	25		electromagnetic, geomagnetic, physical, and cyber-attack threats.
32	26		(c) The task force consists of 10 members appointed by the
33	27		chief described by Section 418.041. Each member must be a regional
34	28		emergency management representative or other employee of the
35	29		Department of Public Safety the chief determines could make
36	30		valuable contributions to the development of the plan under
37	31		Subsection (d)(4).
38	32		(d) The task force shall:
39	33		(1) identify technical and electronic resources to
40	34		assist the division in the division's functions;
41	35		(2) implement a program to educate owners and
42	36		operators of energy critical infrastructure and vital utility
43	37		facilities and emergency responders about electromagnetic,
44	38		geomagnetic, physical, and cyber-attack threats;
45	39		(3) evaluate emergency planning, response procedures,
46	40		and supporting technologies related to electromagnetic,
47	41		geomagnetic, physical, and cyber-attack threats; and
48	42		(4) develop a comprehensive threat protection and
49	43		recovery plan for energy critical infrastructure and vital utility
50	44		facilities of this state against electromagnetic, geomagnetic,
51	45		physical, and cyber-attack threats.
52	46		(e) Information collected by the task force related to the
53	47		security of the electric grid is confidential and is not subject to
54	48		disclosure under Chapter 552. Each member of the task force and any
55	49		third-party individual with access to information under this
56	50		section shall sign a nondisclosure agreement stating that the
57	51		individual will not disclose to the public any sensitive or
58	52		identifiable information related to grid security measures or
59	53		plans.
60	54		(f) Not later than July 1, 2018, the task force shall
61	55		prepare and submit to the governor and the legislature a report of
62	56		the task force's findings and recommendations.
63	57		(g) A member of the task force established under this
64	58		section is not entitled to compensation. Members may be reimbursed
65	59		for expenses as follows:
66	60		(1) a member is entitled to reimbursement for travel
67	61		and other necessary expenses as provided by the General
68	62		Appropriations Act; and
69	63		(2) a member appointed as a representative of a state
70	64		agency is eligible for reimbursement for travel and other necessary
71	65		expenses according to the applicable agency's policies.
72	66		(h) This section expires December 1, 2018.
73	67		Sec. 418.202. TECHNOLOGICAL HAZARDS. (a) In this section,
74	68		"energy critical infrastructure" means an electrical power
75	69		generation facility, substation, switching station, electrical
76	70		control center, or electrical transmission or distribution
77	71		facility and includes an associated electronic control center and
78	72		other electronic infrastructure used in electric power delivery.
79	73		(b) The division shall consider implementation of the
80	74		comprehensive threat protection and recovery plan developed by the
81	75		electromagnetic threat preparedness task force for energy critical
82	76		infrastructure and vital utility facilities of this state against
83	77		electromagnetic, geomagnetic, physical, and cyber-attack threats.
84	78		(c) The governor may instruct an agency to take actions as
85	79		are necessary to implement the comprehensive threat protection and
86	80		recovery plan developed by the electromagnetic threat preparedness
87	81		task force as funding becomes available.
88	82		(d) Information collected by the division related to the
89	83		security of the electric grid is confidential and is not subject to
90	84		disclosure under Chapter 552.
91	85		SECTION 2. Chapter 39, Utilities Code, is amended by adding
92	86		Subchapter M to read as follows:
93	87		SUBCHAPTER M. GRID SECURITY
94	88		Sec. 39.601. DEFINITIONS. In this subchapter:
95	89		(1) "Committee" means the Electric Grid Security
96	90		Advisory Committee.
97	91		(2) "Energy critical infrastructure" has the meaning
98	92		assigned by Section 418.202, Government Code.
99	93		Sec. 39.602. INFORMATION RELATED TO GRID SECURITY
100	94		NONDISCLOSURE. (a) Information related to the security of the
101	95		electric grid is confidential and is not subject to disclosure
102	96		under Chapter 552, Government Code.
103	97		(b) Each individual with access to information related to
104	98		the security of the electric grid under this subchapter shall sign a
105	99		nondisclosure agreement stating that the individual will not
106	100		disclose to the public any sensitive or identifiable information
107	101		related to grid security measures or plans.
108	102		Sec. 39.603. GRID SECURITY ADVISORY COMMITTEE. (a) The
109	103		Electric Grid Security Advisory Committee is composed of the
110	104		following members:
111	105		(1) two members appointed by the governor;
112	106		(2) two members appointed by the lieutenant governor;
113	107		and
114	108		(3) two members appointed by the speaker of the house
115	109		of representatives.
116	110		(b) The governor shall designate a member of the committee
117	111		to serve as presiding officer.
118	112		(c) The committee shall convene at the call of the presiding
119	113		officer.
120	114		(d) The committee shall review the findings of the
121	115		electromagnetic threat preparedness task force.
122	116		(e) A member of the committee is not entitled to
123	117		compensation but is entitled to reimbursement for the member's
124	118		travel expenses as provided by Chapter 660, Government Code, and
125	119		the General Appropriations Act.
126	120		(f) A vacancy on the committee shall be filled for the
127	121		unexpired term in the same manner as the original appointment.
128	122		(g) The committee is not subject to Chapter 2110, Government
129	123		Code.
130	124		(h) Not later than September 1, 2018, the committee shall
131	125		prepare a report of its findings, including any recommendations for
132	126		legislation resulting from the findings, and shall submit the
133	127		report to the governor, the lieutenant governor, and the speaker of
134	128		the house of representatives.
135	129		(i) The committee's work relates to sensitive matters of
136	130		security. Notwithstanding any other law, the meetings, work, and
137	131		findings of the committee are not subject to the requirements of
138	132		Chapter 551 or 552, Government Code.
139	133		(j) A member of the committee may not be a member or employee
140	134		of the North American Electric Reliability Corporation, the Federal
141	135		Energy Regulatory Commission, or the Electric Power Research
142	136		Institute.
143	137		(k) This section expires January 1, 2019.
144	138		Sec. 39.604. GRID PROTECTION. (a) This section applies
145	139		to:
146	140		(1) a transmission and distribution utility;
147	141		(2) an owner of a power generation facility;
148	142		(3) an electric cooperative operating in ERCOT;
149	143		(4) a river authority operating in ERCOT; and
150	144		(5) a municipally owned utility operating in ERCOT.
151	145		(b) Not later than December 31, 2018, each entity to which
152	146		this section applies shall assess and report to the technological
153	147		hazards unit of the Texas Division of Emergency Management the
154	148		vulnerabilities the equipment, facilities, and systems the entity
155	149		uses to provide power have to the following:
156	150		(1) a high altitude electromagnetic pulse device;
157	151		(2) geomagnetic storms;
158	152		(3) intentional electromagnetic interference;
159	153		(4) a physical attack; and
160	154		(5) a cyber attack.
161	155		(c) This section is not intended to penalize electric
162	156		providers in this state. If vulnerabilities in the security of the
163	157		electric grid in this state are identified through the process
164	158		established in this section and the legislature, in consultation
165	159		with the governor, determines enhancements to energy critical
166	160		infrastructure of the electric grid are necessary, the legislature
167	161		may determine whether enhancements will be funded by appropriating
168	162		general revenue of this state, by a new ratepayer cost recovery
169	163		mechanism, or by a combination of those methods.
170	164		SECTION 3. The governor, the lieutenant governor, and the
171	165		speaker of the house of representatives shall appoint members to
172	166		the Electric Grid Security Advisory Committee, as required by this
173	167		Act, as soon as practicable after the effective date of this Act,
174	168		but not later than the 120th day after the effective date of this
175	169		Act.
176	170		SECTION 4. This Act takes effect immediately if it receives
177	171		a vote of two-thirds of all the members elected to each house, as
178	172		provided by Section 39, Article III, Texas Constitution. If this
179	173		Act does not receive the vote necessary for immediate effect, this
180	174		Act takes effect September 1, 2017.
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