GENERIC EMP BILL
A BILL TO PROTECT THE ELECTRICAL TRANSMISSION GRID SYSTEM WITHIN THE STATE OF ________________
SECTION 1. LEGISLATIVE INTENT. The Legislature finds and declares as follows:
(a) The maintenance of _________’s (State) electrical transmission grid system is critical to ensure the health and safety of the People of this State.
(b) It is recognized that such electrical transmission grid system within the State of _______ is part of a regional system that is governed and administered by the ________________(Regional Electric Reliability Organization).
(c) It is further recognized that such regional system is vulnerable to natural and nuclear electromagnetic pulse (EMP) and other man-made and natural acts that could disrupt service from said system for a period of time that could pose significant risk to the national security of the region and the Nation.
(d) It is thus incumbent upon the People of __________, to take measures through its elected leadership to protect the portion of the electrical transmission grid system located within this State to the greatest extent possible.
(e) It is further recognized that such protection cannot be implemented without the support and cooperation of _____________’s electric utility organizations, regulatory authorities and security agencies.
(f) It is the intent of the Legislature that such cooperation be conducted in such a manner so as to preserve the confidential nature of certain elements of the grid system but also to ensure that the system is satisfactorily protected.
SECTION 2. It is hereby directed as follows:
(a) All electrical utilities in this State, both publicly and privately owned shall develop and implement a plan to address the vulnerability of the electrical transmission grid system within their boundaries to natural and nuclear EMP and other man-made or natural acts that could pose a threat to local, state or national security. The plan shall uniformly be called “THE PLAN OF THE (NAME OF ELECTRIC UTILITY) TO PROTECT THE ELECTRICAL TRANSMISSION GRID SYSTEM WITHIN ITS BOUNDARIES FROM MAN-MADE OR NATURAL ACTS OF DISRUPTION” (referred to in this Act as “The Plan”).
(b) The Plan shall include:
1. A description of the electrical grid system within its jurisdictional boundaries;
2. An analysis of potential man-made and natural short, medium and long-term threats
to the system;
3. The utility’s plan for addressing such threats including the anticipated costs of
implementing such measures;
4. The time-table for implementation based upon a prioritization of vulnerabilities and
5. The plan to ensure minimum 72 hour back-up electrical supply for critical community
(c) The Plan shall be reviewed by independent EMP experts and the Plan and expert review submitted to both the State’s Adjutant General and Director of Emergency Services no later than ________. The State’s Adjutant General and the Director of Emergency Services shall review the Plan and jointly submit a report to the Governor with their comments and recommendations no later than ________. The Governor shall then approve, conditionally approve or disapprove the Plan.
(d) The Plans prepared by the utilities as well as the report prepared by the State Adjutant General and Director of Emergency Services shall be deemed to be Classified and protected by applicable regulations from public disclosure.
(e) The costs borne by the utilities in both the development and implementation of the above-referenced plan shall be deemed to be a recoverable cost item to be paid by the consumer as determined by the ______________ Public Utility Commission.
(f) The State’s Adjutant General and Director of Emergency Services shall develop their own action plans consistent with the Plan as approved or conditionally approved by the Governor.
(g) The State’s Adjutant General and Director of Emergency Services shall coordinate with their counterparts in the states comprising the regional grid system as well as with the Federal Energy Regulatory Commission to assist in the development of a regional response to regional grid vulnerabilities.