BILL NUMBER: AB 1841 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
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 strategy
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. Existing law establishes the Office of Information
Security, within the Department of Technology, under the direction of
a chief who reports to the Director of Technology.
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. Department of Technology, in
consultation with the Office of Emergency Services and compliance
with the information security program required to be established by
the chief of the Office of Information Security, to update the
Technology Recovery Plan element of the State Administrative Manual
to ensure the inclusion of cybersecurity strategy incident
response standards for each state agency to secure its critical
infrastructure controls and critical infrastructure information.
The bill would require the office, in conjunction with
the Department of Technology, each state agency to
provide its updated Technology Recovery Plan and report on
its compliance with these updated standards to the department, as
specified, and authorize the department, in consultation with the
Office of Emergency Services, to provide suggestions for a
state agency to improve compliance with these standards. The
bill would define terms for its purposes and make
legislative findings in support of its provisions. 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 strategy, related to state agency critica
l infrastructure information and control, developed
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 Department of Technology, in its role as the lead entity
that coordinates state resources in the development of information
technology (IT) strategy and policy, directs state agency information
security and privacy standards and procedures for the day-to-day
protection of state information assets from a variety of threats,
including, but not limited to, cybersecurity threats and attacks.
(d)
(e) 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. integrating cybersecurity
into the State Emergency Plan.
(f) The Department of Technology is continuing its state
government oversight and compliance monitoring program, and enhancing
day-to-day information security incident response coordination with
the Office of Emergency Services, Department of the California
Highway Patrol's Computer Crimes Investigation Unit, and the Military
Department.
(e)
(g) It is the intent of the Legislature in enacting
this legislation to develop a add to the
ongoing work of the state's comprehensive cybersecurity
incident response plan, strategy,
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"
infrastructure controls" means networks and systems
and controlling assets so vital to the
state that the incapacity or destruction of those systems
networks, systems, or assets would have a
debilitating impact on security, economic security, public
health and safety, or any combination of those matters.
public health, safety, economic security, or any combinati
on thereof.
(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 controls 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. law or harms public health,
safety, or economic security, or any combination thereof.
(2) The ability of critical infrastructure controls 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. infrastructure.
(3) Any planned or past operational problem or solution regarding
critical infrastructure, infrastructure
controls, 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. infrastructure controls.
(c) "Department" means the Department of Technology.
(d) "Office" means the Office of Emergency Services.
(c)
(e) "Secretary" means the secretary of each state
agency as set forth in subdivision (a) of Section 12800.
(d)
(f) "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. 8592.35. (a)
(1) On or before January
July 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: the department
shall, in consultation with the office and compliance with Section
11549.3, update the Technology Recovery Plan element of the State
Administrative Manual to ensure the inclusion of cybersecurity
strategy incident response standards for each state agency to secure
its critical infrastructure controls and critical infrastructure
information.
(2) In updating the standards in paragraph (1), the department
shall consider, but not be limited to considering, all of the
following:
(a)
(A) Costs to implement the standards.
(b)
(B) Security of critical infrastructure information.
(c)
(C) Centralized management of risk.
(d)
(D) Industry best practices.
(e)
(E) Continuity of operations.
(f)
(F) Protection of personal information.
(b) Each state agency shall provide the department with a copy of
its updated Technology Recovery Plan.
8592.45. 8592.40. (a) Each state
agency shall report on its compliance with the standards
developed updated pursuant to Section
8592.40 8592.35 to the office
department in the manner and at the time directed by the
office, department, but no later than
January July 1, 2019.
(b) The office, department, in
conjunction with the Department of Technology, shall
office, may provide suggestions for a state
agency to improve compliance with the standards developed pursuant to
Section 8592.40, 8592.35, 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 department
shall provide any suggestions to the head of the state agency and the
Governor.
8592.50 8592.45. The
information required by subdivision (b) of Section 8592.35, the
report required by subdivision (a) of Section 8592.45
8592.40, and any public records relating to any
communication made pursuant to, or in furtherance of the purposes of,
subdivision (b) of Section 8592.45 8592.40
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 8592.45
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 and critical infrastructure information of
state agencies promotes public safety by prohibiting access to those
who would use that information to thwart the cybersecurity of
critical infrastructure controls within the state.