Bill Text: TX HB3791 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Texas Electric Grid Security and Emergency Preparedness Advisory Council.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3791 Detail]
Download: Texas-2021-HB3791-Introduced.html
By: Parker | H.B. No. 3791 |
|
||
|
||
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: | ||
|
||
|
||
( |
||
the governor; and | ||
( |
||
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) |
||
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; [ |
||
(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 |
||
grid security response efforts that do not involve classified or | ||
highly sensitive, company-specific information. If the council | ||
prepares |
||
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. |