BILL NUMBER: AB 1841 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Irwin
( Coauthor: Senator Jackson
)
FEBRUARY 9, 2016
An act to add Article 6.4 (commencing with Section 8592.30) to
Chapter 7 of Division 1 of Title 2 of the Government Code, relating
to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1841, as amended, Irwin. Cybersecurity incident response plan
and standards.
(1) The California Emergency Services Act sets forth the duties of
the Office of Emergency Services with respect to specified emergency
preparedness, mitigation, and response activities within the state.
Existing law establishes the Department of Technology under the
supervision of the Director of Technology who is also known as the
State Chief Information Officer, and generally requires the
Department of Technology to be responsible for the approval and
oversight of information technology projects by, among other things,
consulting with state agencies during initial project planning to
ensure that project proposals are based on well-defined programmatic
needs.
This bill would require the Office of Emergency Services, in
conjunction with the Department of Technology, to transmit to the
Legislature, on or before July 1, 2017, a cybersecurity incident
response plan, known as the Cyber Security Annex to the State
Emergency Plan, Emergency Function 18, or EF 18. The bill would
further require the office, in conjunction with the Department of
Technology and on or before January 1, 2018, to develop cybersecurity
incident response standards for state agencies, as defined, to,
among other things, prepare for cybersecurity interference with, or
the compromise or incapacitation of, critical infrastructure and
would require state agencies to report their compliance with these
standards to the office. The bill would require the office, in
conjunction with the Department of Technology, to provide suggestions
for a state agency to improve compliance with these standards. The
bill would prohibit public disclosure of reports and public records
relating to the cybersecurity strategies of state agencies, as
specified.
(2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all the following:
(a) The current pervasive use of information technology in public
enterprises has resulted in an abundance of public access to
information and services provided by the government, but the
increased interdependence of information technology systems has
created a new type of risk for society. Threats to public critical
infrastructure that use information technology within the state
present risks to public health and safety and could severely disrupt
economic activity within California.
(b) Ensuring sufficient preparations are taken to protect critical
infrastructure from interference, compromise, or incapacitation are
in the public interest and serve a public purpose.
(c) A comprehensive cybersecurity incident response plan,
undertaken in a coordinated effort among state agencies, will help
prepare for threats to critical infrastructure, thereby reducing the
potential consequences from those attacks.
(d) The Office of Emergency Services, in its role as the lead
executive entity that coordinates state resources for emergency
preparedness, response, and damage mitigation, is a state entity
appropriate to develop, implement, and manage a comprehensive
cybersecurity incident response plan, undertaken in a coordinated
effort among state agencies, to protect critical infrastructure. The
Office of Emergency Services is already developing the necessary
expertise in cybersecurity through its current work developing
methods to provide emergency services during an interference with, or
the compromise or incapacitation of, critical infrastructure.
(e) It is the intent of the Legislature in enacting this
legislation to develop a comprehensive cybersecurity incident
response plan, undertaken in a coordinated effort among state
agencies, to prepare California for threats to critical
infrastructure under the unifying coordination of the Office of
Emergency Services.
SEC. 2. Article 6.4 (commencing with Section 8592.30) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 6.4. Cybersecurity
8592.30. As used in this article, the following definitions shall
apply:
(a) "Critical infrastructure" means systems and assets so vital to
the state that the incapacity or destruction of those systems or
assets would have a debilitating impact on security, economic
security, public health and safety, or any combination of those
matters.
(b) "Critical infrastructure information" means information not
customarily in the public domain pertaining to any of the following:
(1) Actual, potential, or threatened interference with, or an
attack on, compromise of, or incapacitation of critical
infrastructure by either physical or computer-based attack or other
similar conduct, including, but not limited to, the misuse of, or
unauthorized access to, all types of communications and data
transmission systems, that violates federal, state, or local law,
harms economic security, or threatens public health or safety.
(2) The ability of critical infrastructure to resist any
interference, compromise, or incapacitation, including, but not
limited to, any planned or past assessment or estimate of the
vulnerability of critical infrastructure, including, but not limited
to, security testing, risk evaluation, risk management planning, or
risk audits.
(3) Any planned or past operational problem or solution regarding
critical infrastructure, including, but not limited to, repair,
recovery, reconstruction, insurance, or continuity, to the extent it
is related to interference, compromise, or incapacitation of critical
infrastructure.
(c) "Secretary" means the secretary of each state agency as set
forth in subdivision (a) of Section 12800.
(d) "State agency" or "state agencies" means the same as "state
agency" as set forth in Section 11000.
8592.35. (a) On or before July 1, 2017, the office, in
conjunction with the Department of Technology, shall transmit to the
Legislature a cybersecurity incident response plan, known as the
Cyber Security Annex to the State Emergency Plan Emergency Function
18, or EF 18, that includes, but is not limited to, all of the
following:
(1) Methods for providing emergency services.
(2) Command structure for statewide coordinated emergency
services.
(3) Emergency service roles of appropriate state agencies.
(4) Identification of resources to be mobilized.
(5) Public information plans.
(6) Continuity of government services.
(b) The office shall transmit the plan to the Legislature pursuant
to Section 9795.
8592.40. On or before January 1, 2018, in conjunction with the
Department of Technology, the office shall develop cybersecurity
incident response standards for state agencies to prepare for
cybersecurity interference with, or the compromise or incapacitation
of, critical infrastructure and the development of critical
infrastructure information, and to transmit critical infrastructure
information to the office. In developing the standards, the office
shall consider all of the following:
(a) Costs to implement the standards.
(b) Security of critical infrastructure information.
(c) Centralized management of risk.
(d) National private industry Industry
best practices.
(e) Continuity of operations.
(f) Protection of personal information.
8592.45. (a) Each state agency shall report on its compliance
with the standards developed pursuant to Section 8592.40 to the
office in the manner and at the time directed by the office, but no
later than January 1, 2019.
(b) The office, in conjunction with the Department of Technology,
shall provide suggestions for a state agency to improve compliance
with the standards developed pursuant to Section 8592.40, if any, to
the head of the state agency and the secretary responsible for the
state agency. For a state agency that is not under the responsibility
of a secretary, the office shall provide any suggestions to the head
of the state agency and the Governor.
8592.50 The report required by subdivision (a) of Section
8592.45 and any public records relating to any communication made
pursuant to, or in furtherance of the purposes of, subdivision (b) of
Section 8592.45 are confidential and shall not be disclosed pursuant
to any state law, including, but not limited to, the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1).
SEC. 3. The Legislature finds and declares that Section 2 of this
act, which adds Section 8592.50 to the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
Preventing public disclosure of the individual cybersecurity
preparations of state agencies promotes public safety by prohibiting
access to those who would use that information to thwart the
cybersecurity of critical infrastructure within the state.