BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2200
                                                                  Page  1

          Date of Hearing:   April 30, 2014

           ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
                                 Jim Frazier, Chair
             AB 2200 (John A. Pérez) - As Introduced:  February 20, 2014
           
          SUBJECT  :   California Cyber Security Commission.

           SUMMARY  :   Creates the California Cyber Security Commission  
          (CCSC).  Specifically,  this bill  :  

          1)Charges the CCSC with improving the state's cyber security and  
            cyber response capabilities.

          2)Requires the CCSC to issue quarterly reports to the Governor  
            and Legislature that detail the cyber security status and  
            progress of the state.

          3)Specifies who appoints CCSC members and the composition of the  
            membership.

          4)Sets administrative requirements of the CCSC.

          5)Sunsets the CCSC on January 1, 2020.

          6)Adds Legislative declarations about the importance of  
            effective cyber security.


           EXISTING LAW  requires the Office of Information Security (OIS)  
          to establish a state information security program, create  
          information security policies, and help state agencies manage  
          information security. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   The OIS, within the California Department of  
          Technology, is the primary state office charged with protecting  
          state information and ensuring confidentiality, integrity, and  
          availability of state systems and applications.  In short, the  
          OIS is responsible, along with other agencies, for ensuring the  
          state's cyber security.  However, various other programs and  
          agencies have roles related to managing the state's cyber  
          security. 









                                                                  AB 2200
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          This bill creates the CCSC to focus on improving the state's  
          cyber security and cyber response capabilities.  Members,  
          representing the public, private, and academic sectors, would  
          share information to enable state government to protect and  
          secure important information, data, intellectual property,  
          financial networks, and critical infrastructure.

          According to the author, this bill "would advance the state's  
          overall cyber security assessment, preparedness, and response  
          systems; promote cyber security information sharing and the use  
          of best practices among the private and public sectors; and  
          identify funding and research opportunities." The author  
          explains that different elements of the state's cyber security  
          are fragmented and the CCSC would help the state form a  
          coordinated strategy.

          This bill requires the CCSC to issue a quarterly report to the  
          Governor's Office and Legislature about the cyber security  
          status and progress of the state.  The report would include  
          recommendations to improve the state's cyber security. 

          The CCSC would be required to meet monthly beginning in January  
          2015.  It specifies that the CCSC will have between 26 and 28  
          members, and provides that a quorum is 20 members.  Twenty-two  
          members would be authorized to vote and four, or as many as six,  
          would serve in advisory roles as non-voting members.  According  
          to the author's office, the author might later amend the bill to  
          decrease the number of members on the CCSC. 

          Members of the CCSC would include state executives or their  
          designees, including the Director of Emergency Services,  
          Adjutant General of the Military Department, Director of  
          Technology, Chief of the OIS, Commission President of the Public  
          Utilities Commission, Director of Transportation, Insurance  
          Commissioner, and State Public Health Officer.  

          Additionally, the Governor would appoint four information  
          technology and information security experts with one each from  
          the University of California, California State University, a  
          private university in California, and the Lawrence Livermore  
          National Laboratory or Lawrence Berkeley National Laboratory.   
          This bill also tasks the Governor with appointing three  
          representatives with experience in enforcement or prosecution of  
          cyber crimes with one each from the California Highway Patrol,  
          Department of Justice, and Bureau of Investigations or the  








                                                                  AB 2200
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          Federal Bureau of Investigations.

          Four other representatives from the retail, finance, utilities,  
          health care, or technology industries with knowledge, expertise,  
          and experience in information technology and information  
          security would also be appointed.  The Governor would appoint  
          two and the Speaker of the Assembly (Speaker) and Senate  
          Committee on Rules (Rules) would each appoint one of these  
          members.

          The CCSC would also have at least four non-voting members.  Two  
          would be members of the Assembly (appointed by the Speaker) and  
          two would be members of the Senate (appointed by Rules) who are  
          chairpersons of legislative committees that address information  
          technology and information security. The CCSC would also be  
          allowed to include two representatives from the United States  
          Department of Homeland Security who are experts in information  
          technology and information security.

          This bill would sunset the CCSC on January 1, 2020.

          Opposition contend that this bill would conflict with cyber  
          security work that is being done in the San Diego area.           
                      

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Risk Management Society

           Opposition 
           
          San Diego District Attorney
           
          Analysis Prepared by  :    Scott Herbstman / A. & A.R. / (916)  
          319-3600