Critical energy infra./PRA

AN ACT Relating to the disclosure of critical energy 1
infrastructure information; and amending RCW 42.56.420.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 42.56.420 and 2023 c 404 s 3 are each amended to 4
read as follows: 5
The following information relating to security is exempt from 6
disclosure under this chapter: 7
(1) Those portions of records assembled, prepared, or maintained 8
to prevent, mitigate, or respond to criminal terrorist acts, which 9
are acts that significantly disrupt the conduct of government or of 10
the general civilian population of the state or the United States and 11
that manifest an extreme indifference to human life, the public 12
disclosure of which would have a substantial likelihood of 13
threatening public safety, consisting of: 14
(a) Specific and unique vulnerability assessments or specific and 15
unique response or deployment plans, including compiled underlying 16
data collected in preparation of or essential to the assessments, or 17
to the response or deployment plans; and 18
(b) Records not subject to public disclosure under federal law 19
that are shared by federal or international agencies, and information 20
prepared from national security briefings provided to state or local 21
Z-0342.1
SENATE BILL 5582
State of Washington 69th Legislature 2025 Regular Session
By Senators Boehnke, Dozier, Hasegawa, and Nobles; by request of
Department of Commerce
Read first time 01/30/25. Referred to Committee on State Government,
Tribal Affairs & Elections.
p. 1 SB 5582
government officials related to domestic preparedness for acts of 1
terrorism; 2
(2) Those portions of records containing specific and unique 3
vulnerability assessments or specific and unique emergency and escape 4
response plans at a city, county, or state adult or juvenile 5
correctional facility, or secure facility for persons civilly 6
confined under chapter 71.09 RCW, the public disclosure of which 7
would have a substantial likelihood of threatening the security of a 8
city, county, or state adult or juvenile correctional facility, 9
secure facility for persons civilly confined under chapter 71.09 RCW, 10
or any individual's safety; 11
(3) Information compiled by school districts or schools in the 12
development of their comprehensive safe school plans under RCW 13
28A.320.125, to the extent that they identify specific 14
vulnerabilities of school districts and each individual school;15
(4) Information regarding the public and private infrastructure 16
and security of computer and telecommunications networks, consisting 17
of security passwords, security access codes and programs, access 18
codes for secure software applications, security and service recovery 19
plans, security risk assessments, and security test results to the 20
extent that they identify specific system vulnerabilities, and other 21
such information the release of which may increase risk to the 22
confidentiality, integrity, or availability of security, information 23
technology infrastructure, or assets; 24
(5) The system security and emergency preparedness plan required 25
under RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, 26
and 81.112.180; ((and))27
(6) Personally identifiable information of employees, and other 28
security information, of a private cloud service provider that has 29
entered into a criminal justice information services agreement as 30
contemplated by the United States department of justice criminal 31
justice information services security policy, as authorized by 28 32
C.F.R. Part 20; and33
(7)(a) Critical energy infrastructure information collected in 34
support of the state energy resilience and emergency management 35
office.36
(b) The following definitions apply for purposes of this 37
subsection:38
(i) "Critical energy infrastructure" means systems and assets, 39
whether physical or virtual, the incapacity or destruction of which 40
p. 2 SB 5582
threatens to disrupt or diminish the supply of energy to the extent 1
that the public health, safety, and general welfare may be 2
jeopardized; 3
(ii)(A) "Critical energy infrastructure information" means 4
information regarding critical energy infrastructure where the 5
information:6
(I) Records containing actual, potential, or threatened 7
interference with, attacks on, compromise of, or incapacitation of 8
critical energy infrastructure or protected systems by either 9
physical or computer-based attacks, or other similar conduct that 10
violates federal, state, or local law, harms interstate commerce of 11
Washington state or the United States, or threatens to disrupt or 12
diminish the supply of energy to the extent that the public health, 13
safety, and general welfare may be jeopardized; or14
(II) Does not simply give the general location of or relay 15
publicly available information about the critical energy 16
infrastructure.17
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