Bill Text: TX SB83 | 2017-2018 | 85th Legislature | Engrossed

---

Bill Title: Relating to protection of energy critical infrastructure from electromagnetic, geomagnetic, physical, and cyber-attack threats.

Sponsorship: Moderate Partisan Bill (Republican 9-1)

Status: (Engrossed - Dead) 2017-05-15 - Referred to State Affairs [SB83 Detail]

Download: Texas-2017-SB83-Engrossed.html

---

By: Hall, et al. S.B. No. 83

A BILL TO BE ENTITLED
AN ACT
relating to protection of energy critical infrastructure from
electromagnetic, geomagnetic, physical, and cyber-attack threats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 418, Government Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. ELECTROMAGNETIC THREAT PREPAREDNESS
Sec. 418.201. ELECTROMAGNETIC THREAT PREPAREDNESS TASK
FORCE. (a) In this section, "energy critical infrastructure"
means an electrical power generation facility, substation,
switching station, electrical control center, or electrical
transmission or distribution facility and includes an associated
electronic control center and other electronic infrastructure used
in electric power delivery.
(b) The electromagnetic threat preparedness task force is
created. The task force shall coordinate with the Commission to
Assess the Threat to the United States from Electromagnetic Pulse
(EMP) Attack, the United States Department of Defense, the United
States Department of Energy, and the United States Department of
Homeland Security to apply research and information on
electromagnetic, geomagnetic, physical, and cyber-attack threats.
(c) The task force consists of 10 members appointed by the
chief described by Section 418.041. Each member must be a regional
emergency management representative or other employee of the
Department of Public Safety the chief determines could make
valuable contributions to the development of the plan under
Subsection (d)(4).
(d) The task force shall:
(1) identify technical and electronic resources to
assist the division in the division's functions;
(2) implement a program to educate owners and
operators of energy critical infrastructure and vital utility
facilities and emergency responders about electromagnetic,
geomagnetic, physical, and cyber-attack threats;
(3) evaluate emergency planning, response procedures,
and supporting technologies related to electromagnetic,
geomagnetic, physical, and cyber-attack threats; and
(4) develop a comprehensive threat protection and
recovery plan for energy critical infrastructure and vital utility
facilities of this state against electromagnetic, geomagnetic,
physical, and cyber-attack threats.
(e) Information collected by the task force related to the
security of the electric grid is confidential and is not subject to
disclosure under Chapter 552. Each member of the task force and any
third-party individual with access to information under this
section shall sign a nondisclosure agreement stating that the
individual will not disclose to the public any sensitive or
identifiable information related to grid security measures or
plans.
(f) Not later than July 1, 2018, the task force shall
prepare and submit to the governor and the legislature a report of
the task force's findings and recommendations.
(g) A member of the task force established under this
section is not entitled to compensation. Members may be reimbursed
for expenses as follows:
(1) a member is entitled to reimbursement for travel
and other necessary expenses as provided by the General
Appropriations Act; and
(2) a member appointed as a representative of a state
agency is eligible for reimbursement for travel and other necessary
expenses according to the applicable agency's policies.
(h) This section expires December 1, 2018.
Sec. 418.202. TECHNOLOGICAL HAZARDS. (a) In this section,
"energy critical infrastructure" means an electrical power
generation facility, substation, switching station, electrical
control center, or electrical transmission or distribution
facility and includes an associated electronic control center and
other electronic infrastructure used in electric power delivery.
(b) The division shall consider implementation of the
comprehensive threat protection and recovery plan developed by the
electromagnetic threat preparedness task force for energy critical
infrastructure and vital utility facilities of this state against
electromagnetic, geomagnetic, physical, and cyber-attack threats.
(c) The governor may instruct an agency to take actions as
are necessary to implement the comprehensive threat protection and
recovery plan developed by the electromagnetic threat preparedness
task force as funding becomes available.
(d) Information collected by the division related to the
security of the electric grid is confidential and is not subject to
disclosure under Chapter 552.
SECTION 2. Chapter 39, Utilities Code, is amended by adding
Subchapter M to read as follows:
SUBCHAPTER M. GRID SECURITY
Sec. 39.601. DEFINITIONS. In this subchapter:
(1) "Committee" means the Electric Grid Security
Advisory Committee.
(2) "Energy critical infrastructure" has the meaning
assigned by Section 418.202, Government Code.
Sec. 39.602. INFORMATION RELATED TO GRID SECURITY
NONDISCLOSURE. (a) Information related to the security of the
electric grid is confidential and is not subject to disclosure
under Chapter 552, Government Code.
(b) Each individual with access to information related to
the security of the electric grid under this subchapter shall sign a
nondisclosure agreement stating that the individual will not
disclose to the public any sensitive or identifiable information
related to grid security measures or plans.
Sec. 39.603. GRID SECURITY ADVISORY COMMITTEE. (a) The
Electric Grid Security Advisory Committee is composed of the
following members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
and
(3) two members appointed by the speaker of the house
of representatives.
(b) The governor shall designate a member of the committee
to serve as presiding officer.
(c) The committee shall convene at the call of the presiding
officer.
(d) The committee shall review the findings of the
electromagnetic threat preparedness task force.
(e) A member of the committee is not entitled to
compensation but is entitled to reimbursement for the member's
travel expenses as provided by Chapter 660, Government Code, and
the General Appropriations Act.
(f) A vacancy on the committee shall be filled for the
unexpired term in the same manner as the original appointment.
(g) The committee is not subject to Chapter 2110, Government
Code.
(h) Not later than September 1, 2018, the committee shall
prepare a report of its findings, including any recommendations for
legislation resulting from the findings, and shall submit the
report to the governor, the lieutenant governor, and the speaker of
the house of representatives.
(i) The committee's work relates to sensitive matters of
security. Notwithstanding any other law, the meetings, work, and
findings of the committee are not subject to the requirements of
Chapter 551 or 552, Government Code.
(j) A member of the committee may not be a member or employee
of the North American Electric Reliability Corporation, the Federal
Energy Regulatory Commission, or the Electric Power Research
Institute.
(k) This section expires January 1, 2019.
Sec. 39.604. GRID PROTECTION. (a) This section applies
to:
(1) a transmission and distribution utility;
(2) an owner of a power generation facility;
(3) an electric cooperative operating in ERCOT;
(4) a river authority operating in ERCOT; and
(5) a municipally owned utility operating in ERCOT.
(b) Not later than December 31, 2018, each entity to which
this section applies shall assess and report to the technological
hazards unit of the Texas Division of Emergency Management the
vulnerabilities the equipment, facilities, and systems the entity
uses to provide power have to the following:
(1) a high altitude electromagnetic pulse device;
(2) geomagnetic storms;
(3) intentional electromagnetic interference;
(4) a physical attack; and
(5) a cyber attack.
(c) This section is not intended to penalize electric
providers in this state. If vulnerabilities in the security of the
electric grid in this state are identified through the process
established in this section and the legislature, in consultation
with the governor, determines enhancements to energy critical
infrastructure of the electric grid are necessary, the legislature
may determine whether enhancements will be funded by appropriating
general revenue of this state, by a new ratepayer cost recovery
mechanism, or by a combination of those methods.
SECTION 3. The governor, the lieutenant governor, and the
speaker of the house of representatives shall appoint members to
the Electric Grid Security Advisory Committee, as required by this
Act, as soon as practicable after the effective date of this Act,
but not later than the 120th day after the effective date of this
Act.
SECTION 4. 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, 2017.