BILL NUMBER: AB 1172 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2015
INTRODUCED BY Assembly Member Chau
( Coauthor: Assembly Member
Cooper )
FEBRUARY 27, 2015
An act to add and repeal Article 3.9 (commencing with Section
8574.50) of Chapter 7 of Division 1 of Title 2 of the Government
Code, relating to cyber security.
LEGISLATIVE COUNSEL'S DIGEST
AB 1172, as amended, Chau. California cyber security.
Existing law establishes various advisory boards and commissions
in state government with specified duties and responsibilities.
Existing law establishes in state government the Governor's Office of
Emergency Services and the Department of Technology.
This bill would continue in existence the California Cyber
Security Task Force, consisting of specified members, previously
created by the Governor's Office of Emergency Services and the
Department of Technology, in the Governor's Office of Emergency
Services. This bill would authorize the task force to convene
stakeholders to act in an advisory capacity and compile policy
recommendations on cyber security for the state. The bill would
require the task force to meet quarterly, or more often as
necessitated by emergency circumstances. This bill would require the
task force to complete and issue a report of policy recommendations
to the Governor's office and the Legislature. This bill would also
require the task force to perform specified functions relating to
cyber security. This bill would create a State Director of Cyber
Security with specified duties within the Governor's Office of
Emergency Services. This bill would repeal these provisions on
January 1, 2020.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.9 (commencing with Section 8574.50) is added
to Chapter 7 of Division 1 of Title 2 of the Government Code, to
read:
Article 3.9. California Cyber Security
8574.50. (a) There is hereby continued in existence the
California Cyber Security Task Force, created in 2013 by the Governor'
s Office of Emergency Services and the Department of Technology, in
the Governor's Office of Emergency Services.
(b) The California Cyber Security Task Force shall consist of the
following members:
(1) The Director of Emergency Services, or his or her designee
with knowledge, expertise, and decisionmaking authority with respect
to the Office of Emergency Services' information technology and
information security duties.
(2) The Director of the Department of Technology, or his or her
designee with knowledge, expertise, and decisionmaking authority with
respect to the director's information technology and information
security duties set forth in Chapter 5.6 (commencing with Section
11545).
(3) The Attorney General, or his or her designee with knowledge,
expertise, and decisionmaking authority with respect to the
Department of Justice's information technology and information
security.
(4) The Adjutant General of the Military Department, or his or her
designee with knowledge, expertise, and decisionmaking authority
with respect to the Military Department's information technology and
information security.
(5) The Commissioner of the California Highway Patrol, or his or
her designee with knowledge, expertise, and decisionmaking authority
with respect to the Department of the California Highway Patrol's
information technology and information security.
(6) A representative of the Public Utilities Commission or
California Energy Commission with knowledge, expertise, and
decisionmaking authority with respect to information technology and
information security, who shall be appointed by the Governor.
(7) An individual with cyber security expertise,
A representative from the utility or energy industry,
who shall be appointed by the Governor.
(8) An individual with cyber security expertise,
A representative from law enforcement,
who shall be appointed by the Senate Committee on
Rules. Governor.
(9) An individual Three individuals
with cyber security expertise, who shall be appointed
appointed, one each, by the Governor, the
Senate Rules Committee, and the Speaker of the Assembly.
(c) The California Cyber Security Task Force may convene
stakeholders, both public and private, to act in an advisory capacity
and compile policy recommendations on cyber security for the State
of California. The California Cyber Security Task Force shall
complete and issue a report of policy recommendations to the Governor'
s office and the Legislature on an annual basis. The report shall be
completed in compliance with Section 9795.
(d) The California Cyber Security Task Force shall meet quarterly,
or more often as necessitated by emergency circumstances, within
existing resources to ensure that the policy recommendations from the
report are implemented and any necessary modifications that may
arise are addressed in a timely manner.
(e) The Governor's Office of Emergency Services and the Department
of Technology may conduct the strategic direction of risk
assessments performed by the Military Department's Computer Network
Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of
2014.
8574.51. There is within the Governor's Office of Emergency
Services a State Director of Cyber Security, appointed by the
Governor and confirmed by the Senate, who shall do all of the
following:
(a) Be the Executive Director of the California Cyber Security
Task Force.
(b) Provide strategic direction of risk assessments performed with
state resources.
(c) Complete a risk profile of state assets and capabilities for
the purpose of compiling statewide contingency plans including, but
not limited to, Emergency Function 18 of the State Emergency Plan.
(d) Act as point of contact to the federal government and private
entities within the state in the event of a relevant emergency as
declared by the Governor.
(e) Be an adviser to the Governor's Office of Emergency
Services and the Department of Technology on cyber security.
8574.52. The Cyber Security Task Force shall perform the
following functions based on the following priorities:
(a) Develop within state government cyber prevention, defense, and
response strategies and defining define
a hierarchy of command within the state for this purpose. This
duty includes, but is not limited to, the following activities:
(1) Ensuring the continual performance of risk assessments on
state information technology systems. The assessments shall include
penetration tests, vulnerability scans, and other industry-standard
methods that identify potential risk.
(2) Using assessment results and other state-level data to create
a risk profile of public assets, critical infrastructure, public
networks, and private operations susceptible to cyber-attacks. The
risk profile shall include the development of statewide contingency
plans including, but not limited to, Emergency Function 18 of the
State Emergency Plan.
(b) Partner with the United States Department of Homeland Security
to develop an appropriate information sharing system that allows for
a controlled and secure process to effectively disseminate cyber
threat and response information and data to relevant private and
public sector entities. This information sharing system shall reflect
state priorities and target identified threat and capability gaps.
(c) Provide recommendations for information technology security
standards for all state agencies using, among other things, protocols
established by the National Institute for Standards and Technology
and reflective of appropriate state priorities.
(d) Compile and integrate, as appropriate, the research conducted
by academic institutions, federal laboratories, and other cyber
security experts into state operations and functions.
(e) Expand the state's public-private cyber security partnership
network.
(f) Expand collaboration with the state's law enforcement
apparatus assigned jurisdiction to prevent, deter, investigate, and
prosecute cyber attacks and information technology crime, including
collaboration with entities like the High-Tech Theft Apprehension
Program, and its five regional task forces, the Department of the
California Highway Patrol, and the Attorney General's eCrimes unit.
Collaboration shall include information sharing that will enhance
their capabilities including assistance to better align their
activities with federal and local resources, provide additional
resources, and extend their efforts into regions of the state not
currently represented.
(g) Propose, where appropriate, potential operational or
functional enhancement to the state's cyber security assessment and
response capabilities, as well as investment or spending
recommendation and guidance for the state's information technology
budget and procurement.
8574.53. The California Cyber Security Task Force shall take all
necessary steps to protect personal information and privacy, public
and private sector data, and the constitutional rights and liberties
of individuals, when implementing its duties.
8574.54. (a) The California Cyber Security Task Force may issue
reports, in addition to the report described in subdivision (c) of
Section 8574.51, to the Governor's office and the Legislature
detailing the activities of the task force, including, but not
limited to, progress on the California Cyber Security Task Force's
various tasks and actions taken and recommended in response to an
incident, as appropriate.
(b) The reports shall be submitted in compliance with Section
9795.
8574.55. The California Cyber Security Task Force may engage or
accept the services of agency or department personnel, accept the
services of stakeholder organizations, and accept federal, private,
or other nonstate funding, to operate, manage, or conduct the
business of the California Cyber Security Task Force.
8574.56. Each department and agency shall cooperate with the
California Cyber Security Task Force and furnish it with information
and assistance that is necessary or useful to further the purposes of
this article.
8574.57. This article shall become inoperative on January 1,
2020, and shall be repealed as of that date.