BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Isadore Hall, III Chair 2015 - 2016 Regular Bill No: AB 1841 Hearing Date: ----------------------------------------------------------------- |Author: |Irwin | |-----------+-----------------------------------------------------| |Version: |4/14/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- SUBJECT: Cybersecurity incident response plan and standards DIGEST: This bill requires the California Office of Emergency Services (OES) in conjunction with the Department of Technology (CDT) to transmit to the Legislature, by July 1, 2017, a statewide emergency services response plan for cybersecurity, and further requires OES and CDT to develop a comprehensive cybersecurity strategy against critical infrastructure by January 1, 2018. ANALYSIS: Existing law: 1)Establishes OES and requires OES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services. 2)Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof. 3)Establishes CDT under the supervision of the Director of Technology and generally requires CDT to be responsible for the approval and oversight of information technology projects AB 1841 (Irwin) Page 2 of ? 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: 1)Requires OES, on or before July 1, 2017, in conjunction with CDT, to transmit to the Legislature a cybersecurity incident response plan, known as the Cyber Security Annex to the State Emergency Plan Emergency Function 18, or EF18, that includes, but is not limited to, all of the following: a) Methods for providing emergency services. b) Command structure for statewide coordinated emergency services. c) Emergency service roles of appropriate state agencies. d) Identification of resources to be mobilized. e) Public information plans. f) Continuity of government services. 2)Requires OES, on or before January 1, 2018, in conjunction with CDT, to 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 OES. In developing the standards, OES shall consider all of the following: a) Cost to implement the standards. b) Security of critical infrastructure information. c) Centralized management of risk. d) National private industry best practices. 3)Requires each state agency to report its compliance with the standards developed by this bill to OES in the manner and at the time directed by OES, but no later than January 1, 2019. 4)Requires OES, in conjunction with CDT, to provide suggestions for a state agency to improve compliance with the standards developed by this bill, 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, OES shall provide any suggestions to the head of the state agency and the Governor. AB 1841 (Irwin) Page 3 of ? 5)Specifies that the report and any public records relating to any communication are confidential and shall not be disclosed pursuant to state law, including the California Public Records Act. 6)Defines "Critical infrastructure" to mean 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. 7)Defines "Critical infrastructure information" to mean information not customarily in the public domain pertaining to any of the following: a) 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. b) 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. c) 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. 8)Makes legislative findings pertaining to the importance of developing a comprehensive cybersecurity incident response plan. Background Purpose of the bill. According to the author, "OES, in its role as the state's lead agency on emergency preparedness, response, and damage mitigation, has responsibility to develop, implement, AB 1841 (Irwin) Page 4 of ? and manage a comprehensive strategy to protect the critical infrastructure systems of federal and state governments. California currently does not have an established cybersecurity strategy or an incident response plan. Several other states have taken this important step. Having an incident response plan that is well understood by all relevant stakeholders is imperative to protecting critical infrastructure and mitigating potential consequences of a disruption or an attack." Cyber Threats in California. According to the California Military Department (CMD), California's size and importance makes it vulnerable to cyber incidents that disrupt business, shutdown critical infrastructure, and compromise intellectual property or national security. CMD calls cybercrime "a growth industry" causing $400 billion in negative impacts annually on the global economy. Thirty percent of all cyber-attacks and other malicious activity are targeted at the government, making these networks and systems the most vulnerable target of cybercrime. According to CMD, the threat to government networks has never been higher. "Hacktivists", nation states, cyber criminals and other threat groups are attacking government networks to steal sensitive information and make a political/economic statement. It is not known how many attacks, whether successful or unsuccessful, have been made against state agency computers over the past year. OES and the incomplete EF 18. Current law authorizes the Governor to take actions to prepare for, respond to, and prevent natural or man-made disasters that endanger life, property, and the state's resources. The most recent SEP was prepared by OES in 2009 and outlines a state-level strategy to support local government efforts during a large-scale emergency. The plan describes methods for carrying out emergency operations; the process for rendering mutual aid; emergency services of governmental agencies; how resources are mobilized; emergency public information; and continuity of government. The 2009 SEP also established the SEP's Emergency Functions (EF), which consist of 18 disciplines deemed essential to the emergency management community in California. AB 1841 (Irwin) Page 5 of ? According to the OES website, only EF 18 remains incomplete, and is noted as being "in development." Snapshot of California's Critical Infrastructure. According to OES, the following represents a snapshot of California's critical infrastructure: - Water: 1468 dams, of which 140 have capacities greater than 10,000 acre-feet; 701 miles of canals and pipelines; and 1.595 miles of levees. - Electrical Power: 1,008 in state power plants, nearly 70,000 megawatts install generation capacity, and substations and transmission lines deliver over 200 billion kilowatt hours to customers annually. - Oil and Natural Gas: over 115,000 miles of oil and natural gas pipelines, 20 refineries and over 100 oil and natural gas terminal facilities, and more than a dozen of the U.S.'s largest oil fields. - Transportation: over 170,000 miles of public roads; over 50,000 lane miles of highways; over 12,000 bridges; 246 public use airports, 30 of which provide scheduled passenger service. Los Angeles Airport is the seventh busiest worldwide. - California has 11 seaports handling more than half of all the US shipping freight. Three of the country's largest container ports are in California: Los Angeles, Long Beach and Oakland. Nationally, Los Angeles is the busiest container volume, internationally the eighth busiest, and when combined with Long Beach is the fifth busiest. - Public Health: 450 acute care hospitals. - Emergency Services: 1,974 fire stations. - Chemical: Approximately 95 "high risk" facilities - Agriculture: 81,500 farms; more than 400 commodities; in 2012 total agriculture-related sales for output was $44.7 billion, representing 11.3% of the national total. - Finance: 7,374 commercial banks with deposits totaling $753 billion; 410 credit unions with assets totaling $115 billion. State Emergency Plan. The SEP addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the California Emergency Services Act (CESA), the plan describes the methods for carrying out emergency operations, the process for AB 1841 (Irwin) Page 6 of ? rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during an emergency or disaster. The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and it embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance. The most recent SEP provided by OES is from 2009 and outlines a state-level strategy to support local government efforts during a large-scale emergency. As required by CESA, the plan describes methods for carrying out emergency operations; the process for rendering mutual aid; emergency services of governmental agencies; how resources are mobilized; emergency public information; and continuity of government. Prior/Related Legislation SB 949 (Jackson, 2016) authorizes the Governor to require owners and operators of critical infrastructure, as defined, to submit critical infrastructure information to OES. (Never heard in Senate Governmental Organization Committee) AB 1346 (Gray, 2016) requires OES to update the SEP on or before January 1, 2018, and every 5 years thereafter, and would require the plan to be consistent with specified state climate adaptation strategies. (Pending in Senate Governmental Organization Committee). AB 2595 (Linder, 2016) establishes in statute the California Cybersecurity Integration Center within OES to develop a cybersecurity strategy for California in coordination with the Cybersecurity Task Force. (Held in Assembly Appropriations Committee) AB 670 (Irwin, Chapter 518, Statutes of 2015) required CDT to conduct, or require to be conducted, no fewer than 35 AB 1841 (Irwin) Page 7 of ? independent security assessments of state agencies, departments, or offices annually. AB 739 (Irwin, 2015) provides legal immunity for civil or criminal liability for private entities that communicate anonymized cyber security threat information and meet specified requirements, until January 1, 2020. (Held in Assembly Judiciary Committee) AB 1172 (Chau, 2015) continues in existence the California Cybersecurity Task Force, created in 2013 by OES and CDT. (Senate Inactive File) FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: Los Angeles Deputy Sheriffs Los Angeles County Professional Peace Officers Association Los Angeles Police Protective League Riverside Sheriffs' Association OPPOSITION: None received ARGUMENTS IN SUPPORT: Supporters of the bill argue that, "in the past few years, retailers, financial institutions, and government agencies have increasingly fallen victim to cyberattacks. Most recently, in June 2015 the federal office of Personnel Management announced that a cybersecurity intrusion had exposed the personal information of approximately 20 million current and former federal employees and other individuals. Given the size of California's economy and the value of its information, the State presents a prime target for similar information security breaches. The State must integrate cyber incident response policies and procedures with existing recovery and business continuity plans." DUAL REFERRAL: Senate Judiciary Committee AB 1841 (Irwin) Page 8 of ?