Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB24 Compare Versions

Only one version of the bill is available at this time.

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1	1	85S10280 GRM-D
2	2	By: Hall S.B. No. 24
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protection of energy critical infrastructure.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 418, Government Code, is amended by
10	10	adding Subchapter I to read as follows:
11	11	SUBCHAPTER I. ELECTROMAGNETIC THREAT PREPAREDNESS
12	12	Sec. 418.201. ELECTROMAGNETIC THREAT PREPAREDNESS TASK
13	13	FORCE. (a) In this section, "energy critical infrastructure"
14	14	means an electrical power generation facility, substation,
15	15	switching station, electrical control center, or electrical
16	16	transmission or distribution facility and includes an associated
17	17	electronic control center and other electronic infrastructure used
18	18	in electric power delivery.
19	19	(b) The electromagnetic threat preparedness task force is
20	20	created. The task force shall coordinate with the Commission to
21	21	Assess the Threat to the United States from Electromagnetic Pulse
22	22	(EMP) Attack, the United States Department of Defense, the United
23	23	States Department of Energy, and the United States Department of
24	24	Homeland Security to apply research and information on
25	25	electromagnetic, geomagnetic, physical, and cyber-attack threats.
26	26	(c) The task force consists of 10 members appointed by the
27	27	chief described by Section 418.041. Each member must be a regional
28	28	emergency management representative or other employee of the
29	29	Department of Public Safety the chief determines could make
30	30	valuable contributions to the development of the plan under
31	31	Subsection (d)(4).
32	32	(d) The task force shall:
33	33	(1) identify technical and electronic resources to
34	34	assist the division in the division's functions;
35	35	(2) implement a program to educate owners and
36	36	operators of energy critical infrastructure and vital utility
37	37	facilities and emergency responders about electromagnetic,
38	38	geomagnetic, physical, and cyber-attack threats;
39	39	(3) evaluate emergency planning, response procedures,
40	40	and supporting technologies related to electromagnetic,
41	41	geomagnetic, physical, and cyber-attack threats; and
42	42	(4) develop a comprehensive threat protection and
43	43	recovery plan for energy critical infrastructure and vital utility
44	44	facilities of this state against electromagnetic, geomagnetic,
45	45	physical, and cyber-attack threats.
46	46	(e) Information collected by the task force related to the
47	47	security of the electric grid is confidential and is not subject to
48	48	disclosure under Chapter 552. Each member of the task force and any
49	49	third-party individual with access to information under this
50	50	section shall sign a nondisclosure agreement stating that the
51	51	individual will not disclose to the public any sensitive or
52	52	identifiable information related to grid security measures or
53	53	plans.
54	54	(f) Not later than July 1, 2018, the task force shall
55	55	prepare and submit to the governor and the legislature a report of
56	56	the task force's findings and recommendations.
57	57	(g) A member of the task force established under this
58	58	section is not entitled to compensation. Members may be reimbursed
59	59	for expenses as follows:
60	60	(1) a member is entitled to reimbursement for travel
61	61	and other necessary expenses as provided by the General
62	62	Appropriations Act; and
63	63	(2) a member appointed as a representative of a state
64	64	agency is eligible for reimbursement for travel and other necessary
65	65	expenses according to the applicable agency's policies.
66	66	(h) This section expires December 1, 2018.
67	67	Sec. 418.202. TECHNOLOGICAL HAZARDS. (a) In this section,
68	68	"energy critical infrastructure" means an electrical power
69	69	generation facility, substation, switching station, electrical
70	70	control center, or electrical transmission or distribution
71	71	facility and includes an associated electronic control center and
72	72	other electronic infrastructure used in electric power delivery.
73	73	(b) The division shall consider implementation of the
74	74	comprehensive threat protection and recovery plan developed by the
75	75	electromagnetic threat preparedness task force for energy critical
76	76	infrastructure and vital utility facilities of this state against
77	77	electromagnetic, geomagnetic, physical, and cyber-attack threats.
78	78	(c) The governor may instruct an agency to take actions as
79	79	are necessary to implement the comprehensive threat protection and
80	80	recovery plan developed by the electromagnetic threat preparedness
81	81	task force as funding becomes available.
82	82	(d) Information collected by the division related to the
83	83	security of the electric grid is confidential and is not subject to
84	84	disclosure under Chapter 552.
85	85	SECTION 2. Chapter 39, Utilities Code, is amended by adding
86	86	Subchapter M to read as follows:
87	87	SUBCHAPTER M. GRID SECURITY
88	88	Sec. 39.601. DEFINITIONS. In this subchapter:
89	89	(1) "Committee" means the Electric Grid Security
90	90	Advisory Committee.
91	91	(2) "Energy critical infrastructure" has the meaning
92	92	assigned by Section 418.202, Government Code.
93	93	Sec. 39.602. INFORMATION RELATED TO GRID SECURITY
94	94	NONDISCLOSURE. (a) Information related to the security of the
95	95	electric grid is confidential and is not subject to disclosure
96	96	under Chapter 552, Government Code.
97	97	(b) Each individual with access to information related to
98	98	the security of the electric grid under this subchapter shall sign a
99	99	nondisclosure agreement stating that the individual will not
100	100	disclose to the public any sensitive or identifiable information
101	101	related to grid security measures or plans.
102	102	Sec. 39.603. ELECTRIC GRID SECURITY ADVISORY COMMITTEE.
103	103	(a) The Electric Grid Security Advisory Committee is composed of
104	104	the following members:
105	105	(1) two members appointed by the governor;
106	106	(2) two members appointed by the lieutenant governor;
107	107	and
108	108	(3) two members appointed by the speaker of the house
109	109	of representatives.
110	110	(b) The governor shall designate a member of the committee
111	111	to serve as presiding officer.
112	112	(c) The committee shall convene at the call of the presiding
113	113	officer.
114	114	(d) The committee shall review the findings of the
115	115	electromagnetic threat preparedness task force.
116	116	(e) A member of the committee is not entitled to
117	117	compensation but is entitled to reimbursement for the member's
118	118	travel expenses as provided by Chapter 660, Government Code, and
119	119	the General Appropriations Act.
120	120	(f) A vacancy on the committee shall be filled for the
121	121	unexpired term in the same manner as the original appointment.
122	122	(g) The committee is not subject to Chapter 2110, Government
123	123	Code.
124	124	(h) Not later than September 1, 2018, the committee shall
125	125	prepare a report of its findings, including any recommendations for
126	126	legislation resulting from the findings, and shall submit the
127	127	report to the governor, the lieutenant governor, and the speaker of
128	128	the house of representatives.
129	129	(i) The committee's work relates to sensitive matters of
130	130	security. Notwithstanding any other law, the meetings, work, and
131	131	findings of the committee are not subject to the requirements of
132	132	Chapter 551 or 552, Government Code.
133	133	(j) A member of the committee may not be a member or employee
134	134	of the North American Electric Reliability Corporation, the Federal
135	135	Energy Regulatory Commission, or the Electric Power Research
136	136	Institute.
137	137	(k) This section expires January 1, 2019.
138	138	Sec. 39.604. GRID PROTECTION. (a) This section applies
139	139	to:
140	140	(1) a transmission and distribution utility;
141	141	(2) an owner of a power generation facility;
142	142	(3) an electric cooperative operating in ERCOT;
143	143	(4) a river authority operating in ERCOT; and
144	144	(5) a municipally owned utility operating in ERCOT.
145	145	(b) Not later than December 31, 2018, each entity to which
146	146	this section applies shall assess and report to the technological
147	147	hazards unit of the Texas Division of Emergency Management the
148	148	vulnerabilities the equipment, facilities, and systems the entity
149	149	uses to provide power have to the following:
150	150	(1) a high altitude electromagnetic pulse device;
151	151	(2) geomagnetic storms;
152	152	(3) intentional electromagnetic interference;
153	153	(4) a physical attack; and
154	154	(5) a cyber attack.
155	155	(c) This section is not intended to penalize electric
156	156	providers in this state. If vulnerabilities in the security of the
157	157	electric grid in this state are identified through the process
158	158	established in this section and the legislature, in consultation
159	159	with the governor, determines enhancements to energy critical
160	160	infrastructure of the electric grid are necessary, the legislature
161	161	may determine whether enhancements will be funded by appropriating
162	162	general revenue of this state, by a new ratepayer cost recovery
163	163	mechanism, or by a combination of those methods.
164	164	SECTION 3. The governor, the lieutenant governor, and the
165	165	speaker of the house of representatives shall appoint members to
166	166	the Electric Grid Security Advisory Committee, as required by this
167	167	Act, as soon as practicable after the effective date of this Act,
168	168	but not later than the 120th day after the effective date of this
169	169	Act.
170	170	SECTION 4. This Act takes effect immediately if it receives
171	171	a vote of two-thirds of all the members elected to each house, as
172	172	provided by Section 39, Article III, Texas Constitution. If this
173	173	Act does not receive the vote necessary for immediate effect, this
174	174	Act takes effect December 1, 2017.