Texas 2021 - 87th Regular

Texas House Bill HB3791 Compare Versions

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

Old	New	Differences
1	1	By: Parker H.B. No. 3791
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the powers and duties of the Texas Electric Grid
7	7	Security and Emergency Preparedness Advisory Council.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.917, Utilities Code, is amended by
10	10	amending Subsections (a), (b), (i), (j), and (k) and adding
11	11	Subsections (a-1), (c-1), (i-1), (i-2), (i-3), (i-4), (l), and (m)
12	12	to read as follows:
13	13	Sec. 39.917. TEXAS ELECTRIC GRID SECURITY AND EMERGENCY
14	14	PREPAREDNESS ADVISORY COUNCIL. (a) The legislature finds that
15	15	there is a public interest in mitigating the risk of cyber and
16	16	physical attacks, as well as natural disasters and extreme weather,
17	17	that may affect the reliability of electric systems operating in
18	18	Texas. The Texas Electric Grid Security and Emergency Preparedness
19	19	Advisory Council is established as an advisory body to facilitate
20	20	the creation, aggregation, coordination, and dissemination of best
21	21	security and emergency preparedness practices for the electric
22	22	industry, including the generation, transmission, and delivery of
23	23	electricity.
24	24	(a-1) In this section:
25	25	(1) "Critical infrastructure" means electric utility
26	26	facilities located in ERCOT. The term does not include power
27	27	generation facilities.
28	28	(2) "Cybersecurity" means the activity, process,
29	29	ability, capability, or state where information and communication
30	30	systems and the information contained in those systems are
31	31	protected from and defended against damage, unauthorized use,
32	32	modification, or exploitation.
33	33	(3) "Electromagnetic pulse threat" means an
34	34	electromagnetic pulse caused by intentional means, including an act
35	35	of terrorism.
36	36	(4) "Extreme weather emergency" means a period when:
37	37	(A) the previous day's highest temperature did
38	38	not exceed 32 degrees Fahrenheit and the temperature is forecasted
39	39	by the National Weather Service or any similar state or national
40	40	agency to remain at or below that temperature for the next 24 hours;
41	41	or
42	42	(B) the National Weather Service or any similar
43	43	state or national agency issues a heat advisory for any county in
44	44	the relevant service territory or has issued a heat advisory in the
45	45	last two days.
46	46	(5) "Geomagnetic disturbance" means an event caused by
47	47	the interaction of a cloud of charged particles produced by the
48	48	sun's solar storms and the earth's magnetic field.
49	49	(b) The Texas Electric Grid Security and Emergency
50	50	Preparedness Advisory Council is composed of 13 members as follows:
51	51	(1) the commissioner designated as presiding officer
52	52	of the commission under Section 12.052 or a representative
53	53	designated by the commissioner;
54	54	(2) the chief executive officer of the independent
55	55	organization certified under Section 39.151 for the ERCOT power
56	56	region or a representative designated by the chief executive
57	57	officer; [and]
58	58	(31) the governor or a representative designated by
59	59	the governor; and
60	60	(42) three members described by each of the following
61	61	paragraphs with the governor, lieutenant governor, and speaker of
62	62	the house of representatives each appointing one of the three:
63	63	(A) members to study electromagnetic pulse
64	64	threats;
65	65	(B) members to study cybersecurity;
66	66	(C) members to study extreme weather
67	67	emergencies; and
68	68	(D) members to study terrorism and other threats
69	69	to homeland security in this state under Section 421.002,
70	70	Government Code.
71	71	(c-1) Each member of the council appointed under Subsection
72	72	(b)(4) must have professional experience or technical training in:
73	73	(1) cybersecurity;
74	74	(2) electromagnetic interference;
75	75	(3) electric power generation or transmission;
76	76	(4) electromagnetic pulse hardening;
77	77	(5) physical security and controls;
78	78	(6) space physics and weather;
79	79	(7) supervisory controls and data acquisition;
80	80	(8) emergency preparedness; or
81	81	(9) extreme weather preparedness.
82	82	(i) On a request by the governor, the lieutenant governor,
83	83	the chair of the house of representatives committee having
84	84	jurisdiction over energy utility regulation, or the chair of the
85	85	senate committee having jurisdiction over energy utility
86	86	regulation, the council shall issue to the requestor
87	87	recommendationsNot later than October 1, 2022, the council shall
88	88	submit to the governor, lieutenant governor, and speaker of the
89	89	house of representatives a report of its findings, including any
90	90	recommendations for legislation resulting from the findings,
91	91	regarding:
92	92	(1) the development of educational programs or
93	93	marketing materials to promote the development of a grid security
94	94	and emergency preparedness workforce;
95	95	(2) the development of grid security and emergency
96	96	preparedness best practices;
97	97	(3) preparation for events that threaten grid security
98	98	and reliability; [and]
99	99	(4) amendments to the state emergency management plan
100	100	to ensure coordinated and adaptable response and recovery efforts
101	101	after events that threaten grid security and reliability; and
102	102	(5) appropriate measures and strategies to secure
103	103	critical infrastructure in ERCOT and the electric grid and
104	104	associated computer systems and networks against:
105	105	(A) electromagnetic pulses;
106	106	(B) natural threats, including solar flares and
107	107	extreme weather emergencies;
108	108	(C) geomagnetic disturbances; and
109	109	(D) cybersecurity threats and other attacks.
110	110	(i-1) In developing recommendations under Subsection
111	111	(i)(5), the council shall take into account the estimated costs
112	112	associated with the recommendations.
113	113	(i-2) In developing recommendations under Subsection
114	114	(i)(5), the council may use research and data on electromagnetic
115	115	pulse threats, extreme weather emergencies, and cybersecurity
116	116	gathered by the United States Department of Defense, the United
117	117	States Department of Energy, the United States Department of
118	118	Homeland Security, the National Weather Service, and the Electric
119	119	Power Research Institute.
120	120	(i-3) The council may share recommendations developed under
121	121	Subsection (i)(5) with any state agency it considers important to
122	122	the security and reliability of the electric grid or associated
123	123	computer systems or networks. To the extent allowed by law, a state
124	124	agency with which the council shares recommendations is encouraged
125	125	to implement any recommendations that the agency determines will
126	126	improve the security and emergency preparedness of the state's
127	127	electric grid or associated computer systems or networks.
128	128	(i-4) The Texas Electric Grid Security and Emergency
129	129	Preparedness Advisory Council shall, to the extent possible, begin
130	130	implementing any critical recommendations from the during the
131	131	interim period without further legislative action.
132	132	(j) The council may prepare asubsequent reports outlining
133	133	grid security response efforts that do not involve classified or
134	134	highly sensitive, company-specific information. If the council
135	135	prepares thea subsequent report, the council shall deliver the
136	136	report to the governor, lieutenant governor, and legislature on or
137	137	before the December 1 immediately preceding a regular session of
138	138	the legislature.
139	139	(k) The meetings of the council and information obtained or
140	140	created by the council are not subject to the requirements of
141	141	Chapter 551 or 552, Government Code. Each member of the council
142	142	shall sign a nondisclosure agreement stating that the member will
143	143	not disclose to the public any sensitive or identifiable
144	144	information related to grid security or emergency preparedness
145	145	measures or plans.
146	146	(l) This section is not intended to penalize electric
147	147	providers in this state. If deficiencies in the security or
148	148	emergency preparedness of the electric grid in ERCOT are determined
149	149	through the work of the council and the legislature, in
150	150	consultation with the governor, determines upgrades to the electric
151	151	grid are necessary, the legislature shall determine whether
152	152	upgrades will be funded by appropriating general revenue, through a
153	153	ratepayer cost recovery mechanism, or by a combination of those
154	154	methods.
155	155	(m) This section is not intended to prevent an electric
156	156	utility, municipally owned utility, or electric cooperative from
157	157	making prudent investments and reasonable and necessary
158	158	expenditures to secure the electric grid and seeking recovery of
159	159	associated costs as authorized by this code.
160	160	SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
161	161	amended by adding Section 39.918 to read as follows:
162	162	Sec. 39.918. INFORMATION RELATED TO GRID SECURITY AND
163	163	EMERGENCY PREPAREDNESS. The independent organization certified
164	164	under Section 39.151 shall collect and compile information related
165	165	to the security of the electric grid. The information is
166	166	confidential and is not subject to disclosure under Chapter 552,
167	167	Government Code.
168	168	SECTION 3. The governor, lieutenant governor, and speaker
169	169	of the house of representatives shall appoint members to the Texas
170	170	Electric Grid Security and Emergency Preparedness Advisory
171	171	Council, as required by this Act, as soon as practicable after the
172	172	effective date of this Act, but not later than the 90th day after
173	173	the effective date of this Act.
174	174	SECTION 4. As soon as practicable after the effective date
175	175	of this Act, but not later than December 31, 2021, the Texas
176	176	Electric Grid Security and Emergency Preparedness Advisory Council
177	177	shall hold its initial meeting.
178	178	SECTION 5. This Act takes effect immediately if it receives
179	179	a vote of two-thirds of all the members elected to each house, as
180	180	provided by Section 39, Article III, Texas Constitution. If this
181	181	Act does not receive the vote necessary for immediate effect, this
182	182	Act takes effect September 1, 2021.