Critical infrastructure resiliency.

23LSO-0709
2023
STATE OF WYOMING
23LSO-0709
Numbered
2.0

HOUSE BILL NO. HB0282

Critical infrastructure resiliency.

Sponsored by: Representative(s) Bear, Angelos, Haroldson, Knapp, Slagle, Smith, Strock, Styvar, Ward and Winter and Senator(s) Steinmetz

A BILL

for

AN ACT relating to public utilities; creating the critical infrastructure resiliency initiative; specifying purposes for the initiative; creating the critical resilient infrastructure board; specifying members, duties and powers of the board; providing definitions; appropriating funds; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 37
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19
‑
101 through 37
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19
‑
103 are created to read:

CHAPTER 19
CRITICAL INFRASTRUCTURE RESILIENCY

37
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19
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101.

Definitions.

(a)

As used in this chapter:

(i)

"Board" means the critical resilient infrastructure board created by this chapter;

(ii)

"Critical infrastructure" means any asset, system or network located in Wyoming, whether physical or virtual, that is vital to the state's security, economic security, public health or safety. "Critical infrastructure" includes but is not limited to water infrastructure, transportation infrastructure, electrical energy generation facilities, fuel import facilities, refineries and telecommunications facilities;

(iii)

"Cyber" means relating to or involving computers, computer networks or technology, including the internet and its relationship to modern computing and technology;

(iv)

"Electric grid" means the network of electric generators, transmission lines, distribution lines and facilities, substations, energy storage devices and supporting infrastructure located in Wyoming and used to produce and deliver electricity;

(v)

"Grid
‑
down event" means an extended power outage that requires living without electricity for an extended period of time measured in months and years. "Grid
‑
down event" shall not include a temporary, short
‑
term power outage;

(vi)

"Operational technologies" means technology that plays a critical and important role in operational functionality, including unprotected sensors and supervisory and data acquisition devices;

(vii)

"Resiliency" means the capacity to prevent or reduce the severity of damage from natural disasters or human
‑
caused emergencies and to enable faster recovery of normal infrastructure operations after a natural or human
‑
caused emergency.

37
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19
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102.

Critical infrastructure resiliency initiative.

(a)

The critical infrastructure resiliency initiative is hereby created. The initiative is created to ensure that:

(i)

Critical infrastructure components throughout Wyoming are hardened to survive all grid
‑
down events, including electromagnetic pulse, nuclear, non
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nuclear, physical, weather
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related, cyber and terrorist attacks on the state's critical infrastructure;

(ii)

The state of Wyoming develops cyber, information technology and operational technology solutions that are effective for both the public and private sectors, focusing on solutions that do not need to be reinvented and can be adapted to usable techniques for Wyoming's critical infrastructure;

(iii)

The electric power grid remains minimally functional to protect human life, animal life, critical life
‑
sustaining resources and infrastructure;

(iv)

There is continuity of government, industry, supply chain and property dependent on the power grid after a total, partial or catastrophic grid
‑
down event from natural or human
‑
induced causes.

37
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19
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103.

Critical resiliency infrastructure board; composition; powers; duties.

(a)

There is created the critical resiliency infrastructure board. The board shall consist of the following nine (9) members:

(i)

The director of the office of homeland security, who shall serve as chairman of the board;

(ii)

Eight (8) members appointed by the governor with the advice and consent of the senate, who shall represent or be affiliated with not less than one (1) of the following organizations or interests:

(A)

The Wyoming national guard;

(B)

The public service commission;

(C)

Public utilities and cooperative electrical generation and transmission associations;

(D)

The oil and gas industry;

(E)

Coal and other mineral industries;

(F)

Telecommunications;

(G)

Law enforcement;

(H)

Any other critical infrastructure industry.

(b)

The board shall be staffed by the Wyoming office of homeland security.

(c)

The purposes of the board are to ensure:

(i)

Compliance with the scope of objectives outlined by the federal Infrastructure Investment and Jobs Act of 2021, P.L. No. 117
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58, by initiating improvements to the state's infrastructure, beginning with power, oil and gas, water and telecommunications;

(ii)

The transfer of technology, lessons and solutions from the United States department of defense to mission
‑
critical elements of Wyoming's critical infrastructure by initiating a cooperative effort between the civilian engineering community, the state's public and cooperative utilities and the department of defense;

(iii)

That the critical infrastructure components associated with water and wastewater treatment that are completed with the use of the electric grid continue to function without interruption when any grid
‑
down event occurs in Wyoming;

(iv)

That the state leverages the decades of the federal government's deployment of technology, technical solutions, specifications and standards for developing, installing and testing electromagnetic survivable hardware, techniques and practices for critical United States department of defense facilities;

(v)

That the state leverages federal government requirements and specifications for testing the technology described in paragraph (iv) of this subsection to guarantee the effectiveness of that technology;

(vi)

That the state leverages federal funding and grants available for broad infrastructure improvement efforts in Wyoming, including funding available under the federal Infrastructure Investment and Jobs Act, the federal emergency management agency's building resiliency infrastructures and communities program, the United States department of energy's grid deployment office and grid resilience and innovation partnership program and any other federal program that provides funding for critical infrastructure improvements.

(d)

The board shall:

(i)

Provide oversight in coordination with relevant state agencies to ensure that the state's industries are equipped to provide not less than ninety percent (90%) of Wyoming's population with resilient power, oil and gas, water and telecommunications;

(ii)

Develop a process to allow qualified contractors to apply the technology, solutions and specifications specified in paragraph (b)(iv) of this section for new construction or existing operational hardware and software in Wyoming's critical infrastructure;

(iii)

Develop a program for ensuring that public and cooperative utilities, oil and gas companies, mineral companies, water companies and telecommunications companies in Wyoming participate in a cooperative venture with specialized entities to develop and install essential upgrades to new or existing critical infrastructure without resulting in ratepayer increases;

(iv)

Ensure that the state's relevant agencies and industries comply with any existing energy directives in Wyoming law;

(v)

In consultation with the governor, provide oversight of the implementation of the federal Infrastructure Investment and Jobs Act of 2021;

(vi)

Create a plan to enable faster recovery of normal grid operations after a grid outage due to any grid
‑
down event and to maintain critical loads at critical infrastructure, including but not limited to hospitals, fire stations, police stations and law enforcement agencies, airports, military bases and other critical infrastructure in Wyoming necessary to operate during a grid
‑
down event;

(vii)

Monitor and implement best practices for critical infrastructure protection from parallel work being performed locally or nationally that would apply to and benefit Wyoming's critical infrastructure, including the capacity and availability of existing resources for critical infrastructure;

(viii)

Not later than September 30, 2024 and not later than each September 30 thereafter, report recommendations to increase grid resilience and enhance critical infrastructure protection to the joint minerals, business and economic development interim committee, the joint corporations, elections and political subdivisions interim committee and the joint transportation, highways and military affairs interim committee;

(ix)

Prepare an analysis and update the analysis of Wyoming's grid resilience and critical infrastructure protection and make recommendations for improvements available to the legislative committees specified in paragraph (viii) of this subsection not later than September 30 of each year;

(x)

Ensure that, in consultation with the public service commission, affected public and cooperative utilities implement equipment modifications, improvements and upgrades related to emergency, cyber and energy efficient modifications;

(xi)

Take any action to achieve or implement the purposes of the critical infrastructure resiliency initiative specified in W.S. 37
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19
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102 and the purposes of the board specified in subsection (b) of this section.

(e)

The members of the board shall serve without compensation or salary but shall, contingent upon available funding, be entitled to reimbursement for actual travel expenses incurred incident to board business. Board members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the board.

(f)

The board may accept any gifts, contributions, donations, grants or federal funds specifically designated for the purposes of this chapter.

(g)

The board may request and shall receive assistance and data from any department, division, board, bureau, commission or agency that will enable the board properly to carry out its powers and duties under this chapter.

Section 2.

There is appropriated twenty thousand dollars ($20,000.00) from the general fund to the office of the governor for the period beginning with the effective date of this act and ending June 30, 2024 only for purposes of providing reimbursement for travel expenses for members of the critical resiliency infrastructure board in accordance with this act. This appropriation shall not be expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2024.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0282