By: Parker H.B. No. 3791
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Texas Electric Grid
Security and Emergency Preparedness Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.917, Utilities Code, is amended by
amending Subsections (a), (b), (i), (j), and (k) and adding
Subsections (a-1), (c-1), (i-1), (i-2), (i-3), (i-4), (l), and (m)
to read as follows:
Sec. 39.917. TEXAS ELECTRIC GRID SECURITY AND EMERGENCY
PREPAREDNESS ADVISORY COUNCIL. (a) The legislature finds that
there is a public interest in mitigating the risk of cyber and
physical attacks, as well as natural disasters and extreme weather,
that may affect the reliability of electric systems operating in
Texas. The Texas Electric Grid Security and Emergency Preparedness
Advisory Council is established as an advisory body to facilitate
the creation, aggregation, coordination, and dissemination of best
security and emergency preparedness practices for the electric
industry, including the generation, transmission, and delivery of
electricity.
(a-1) In this section:
(1) "Critical infrastructure" means electric utility
facilities located in ERCOT. The term does not include power
generation facilities.
(2) "Cybersecurity" means the activity, process,
ability, capability, or state where information and communication
systems and the information contained in those systems are
protected from and defended against damage, unauthorized use,
modification, or exploitation.
(3) "Electromagnetic pulse threat" means an
electromagnetic pulse caused by intentional means, including an act
of terrorism.
(4) "Extreme weather emergency" means a period when:
(A) the previous day's highest temperature did
not exceed 32 degrees Fahrenheit and the temperature is forecasted
by the National Weather Service or any similar state or national
agency to remain at or below that temperature for the next 24 hours;
or
(B) the National Weather Service or any similar
state or national agency issues a heat advisory for any county in
the relevant service territory or has issued a heat advisory in the
last two days.
(5) "Geomagnetic disturbance" means an event caused by
the interaction of a cloud of charged particles produced by the
sun's solar storms and the earth's magnetic field.
(b) The Texas Electric Grid Security and Emergency
Preparedness Advisory Council is composed of 13 members as follows:
(1) the commissioner designated as presiding officer
of the commission under Section 12.052 or a representative
designated by the commissioner;
(2) the chief executive officer of the independent
organization certified under Section 39.151 for the ERCOT power
region or a representative designated by the chief executive
officer; [and]
(31) the governor or a representative designated by
the governor; and
(42) three members described by each of the following
paragraphs with the governor, lieutenant governor, and speaker of
the house of representatives each appointing one of the three:
(A) members to study electromagnetic pulse
threats;
(B) members to study cybersecurity;
(C) members to study extreme weather
emergencies; and
(D) members to study terrorism and other threats
to homeland security in this state under Section 421.002,
Government Code.
(c-1) Each member of the council appointed under Subsection
(b)(4) must have professional experience or technical training in:
(1) cybersecurity;
(2) electromagnetic interference;
(3) electric power generation or transmission;
(4) electromagnetic pulse hardening;
(5) physical security and controls;
(6) space physics and weather;
(7) supervisory controls and data acquisition;
(8) emergency preparedness; or
(9) extreme weather preparedness.
(i) On a request by the governor, the lieutenant governor,
the chair of the house of representatives committee having
jurisdiction over energy utility regulation, or the chair of the
senate committee having jurisdiction over energy utility
regulation, the council shall issue to the requestor
recommendationsNot later than October 1, 2022, the council shall
submit to the governor, lieutenant governor, and speaker of the
house of representatives a report of its findings, including any
recommendations for legislation resulting from the findings,
regarding:
(1) the development of educational programs or
marketing materials to promote the development of a grid security
and emergency preparedness workforce;
(2) the development of grid security and emergency
preparedness best practices;
(3) preparation for events that threaten grid security
and reliability; [and]
(4) amendments to the state emergency management plan
to ensure coordinated and adaptable response and recovery efforts
after events that threaten grid security and reliability; and
(5) appropriate measures and strategies to secure
critical infrastructure in ERCOT and the electric grid and
associated computer systems and networks against:
(A) electromagnetic pulses;
(B) natural threats, including solar flares and
extreme weather emergencies;
(C) geomagnetic disturbances; and
(D) cybersecurity threats and other attacks.
(i-1) In developing recommendations under Subsection
(i)(5), the council shall take into account the estimated costs
associated with the recommendations.
(i-2) In developing recommendations under Subsection
(i)(5), the council may use research and data on electromagnetic
pulse threats, extreme weather emergencies, and cybersecurity
gathered by the United States Department of Defense, the United
States Department of Energy, the United States Department of
Homeland Security, the National Weather Service, and the Electric
Power Research Institute.
(i-3) The council may share recommendations developed under
Subsection (i)(5) with any state agency it considers important to
the security and reliability of the electric grid or associated
computer systems or networks. To the extent allowed by law, a state
agency with which the council shares recommendations is encouraged
to implement any recommendations that the agency determines will
improve the security and emergency preparedness of the state's
electric grid or associated computer systems or networks.
(i-4) The Texas Electric Grid Security and Emergency
Preparedness Advisory Council shall, to the extent possible, begin
implementing any critical recommendations from the during the
interim period without further legislative action.
(j) The council may prepare asubsequent reports outlining
grid security response efforts that do not involve classified or
highly sensitive, company-specific information. If the council
prepares thea subsequent report, the council shall deliver the
report to the governor, lieutenant governor, and legislature on or
before the December 1 immediately preceding a regular session of
the legislature.
(k) The meetings of the council and information obtained or
created by the council are not subject to the requirements of
Chapter 551 or 552, Government Code. Each member of the council
shall sign a nondisclosure agreement stating that the member will
not disclose to the public any sensitive or identifiable
information related to grid security or emergency preparedness
measures or plans.
(l) This section is not intended to penalize electric
providers in this state. If deficiencies in the security or
emergency preparedness of the electric grid in ERCOT are determined
through the work of the council and the legislature, in
consultation with the governor, determines upgrades to the electric
grid are necessary, the legislature shall determine whether
upgrades will be funded by appropriating general revenue, through a
ratepayer cost recovery mechanism, or by a combination of those
methods.
(m) This section is not intended to prevent an electric
utility, municipally owned utility, or electric cooperative from
making prudent investments and reasonable and necessary
expenditures to secure the electric grid and seeking recovery of
associated costs as authorized by this code.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.918 to read as follows:
Sec. 39.918. INFORMATION RELATED TO GRID SECURITY AND
EMERGENCY PREPAREDNESS. The independent organization certified
under Section 39.151 shall collect and compile information related
to the security of the electric grid. The information is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
SECTION 3. The governor, lieutenant governor, and speaker
of the house of representatives shall appoint members to the Texas
Electric Grid Security and Emergency Preparedness Advisory
Council, as required by this Act, as soon as practicable after the
effective date of this Act, but not later than the 90th day after
the effective date of this Act.
SECTION 4. As soon as practicable after the effective date
of this Act, but not later than December 31, 2021, the Texas
Electric Grid Security and Emergency Preparedness Advisory Council
shall hold its initial meeting.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.