First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0061.01 Duane Gall x4335 HOUSE BILL 15-1363 HOUSE SPONSORSHIP Ginal, Roupe, Singer SENATE SPONSORSHIP Hill, House Committees Senate Committees Transportation & Energy Appropriations A BILL FOR AN ACT Concerning fortification of Colorado's lifeline infrastructure to withstand large-scale electromagnetic disturbances. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires the Colorado public utilities commission to examine and make recommendations for mitigation of the vulnerability of existing electric generation, transmission, and distribution facilities and other vital infrastructure to electromagnetic pulse (EMP) and geomagnetic storms. The bill directs the commission to take into account the progress of similar efforts at the federal and regional level and to estimate the costs and effects, both statewide and regionally, of the adoption of any potential mitigation measures. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-1-102, add (7.5), (8.3), and (8.7) as follows: 40-1-102. Definitions. As used in articles 1 to 7 of this title, unless the context otherwise requires: (7.5) "Electromagnetic pulse" or "EMP" means one or more pulses of electromagnetic energy capable of disabling, disrupting, or destroying lifeline infrastructure. (8.3) "Geomagnetic storm" means a temporary disturbance of the earth's magnetic field resulting from solar activity. (8.7) "Lifeline infrastructure" means an electric generation, transmission, or distribution system and any other system for the production, transmission, or distribution of public utility service in Colorado. The term includes the electric grid, water and gas pipelines, irrigation systems, telecommunication networks, and the electronic or electromechanical control or routing components of any such system or network. SECTION 2. In Colorado Revised Statutes, add 40-4-120 as follows: 40-4-120. EMP-resistant transmission and distribution facilities - review by commission - rules - report to general assembly. (1) By January 20, 2016, the commission shall: (a) Examine the vulnerabilities of the state's electric generation, transmission, and distribution systems and other lifeline infrastructure to the potential negative impacts of a geomagnetic storm or electromagnetic pulse; and (b) Report its findings and recommendations to the general assembly in accordance with section 24-1-136 (9), C.R.S., and the governor. (2) In conducting its examination under this section, the commission shall: (a) Identify the most vulnerable components of the state's lifeline infrastructure; (b) Identify potential mitigation measures to decrease the negative impacts of a geomagnetic storm or electromagnetic pulse on these components; (c) Estimate the costs of potential mitigation measures and develop options for low-cost, mid-cost, and high-cost mitigation measures; (d) Examine the positive and negative effects of requiring utilities to incorporate mitigation measures into the construction of new facilities, retrofit existing facilities, or both, including an assessment of any potential effects that these requirements may have on the electric grid outside of Colorado; (e) Propose a time frame for adopting any recommended mitigation measures; (f) Propose appropriate funding sources and appropriate methods of allocating the costs incurred by Colorado public utilities in implementing any recommended mitigation measures; and (g) Identify potential sources of additional funding through federal agencies. (3) In conducting its examination and making its report under this section, the commission: (a) May, but need not, confer with: (I) The Colorado smart grid task force created in section 40-4-118; (II) The Colorado national guard; (III) The Colorado department of public safety; (IV) The federal department of homeland security; and (V) Other public and private individuals and entities with relevant expertise; and (b) Shall actively monitor the efforts by the federal energy regulatory commission, the North American Electric Reliability Corporation, ISO New England, and other regional and federal organizations to develop reliability standards related to geomagnetic disturbances and EMP. (4) (a) The commission's report may be redacted or otherwise edited to omit trade secrets, information about the specific vulnerabilities of identified systems, and other information that the commission determines should not be publicly disseminated due to privacy or security concerns. Unpublished drafts of the commission's report and all data collected by the commission pursuant to this section are hereby declared exempt from disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S.; except that information that would otherwise be available or discoverable is not rendered unavailable or undiscoverable solely because it is furnished to the commission pursuant to this section. (b) The commission may employ one or more persons with special expertise in data security to assist in the preparation of the report. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.