Establishes the NYS EMP Critical Infrastructure Protection Commission

Summary of specific provisions

1. Study the findings and recommendations of the Congressional Commission to Assess the Threat to the United States of America from Electromagnetic Pulse Attack (the EMP Commission); the Congressional Commission on Strategic Posture of the United States regarding EMP, the National Academy of Sciences and the National Fire Protection Association (NEPA) and other related EMP findings and materials that are available. 2. Analyze the feasibility and cost of hardening civilian infrastructure systems against EMP events, the costs impacting state and local government revenues if infrastructures remain unprotected, and the financial benefits of protecting the critical infrastructures. 3. Review recommendations calling for the creation of micro-grids. 4. Identify critical interoperable communications capabilities and determine means to keep them operable; 5. Identify critical transformers, supervisory control and data acquisition (SCADA) devices, and other critical components, and recommend minimum "backup inventory" levels. 6. Develop and recommend a plan to prepare for, protect from, respond to and recover after EMP events.

Justification

The United States Congress created a commission in 2001 to examine and report on the effects of EMP on critical infrastructures. That commission determined that the critical infrastructures are highly vulnerable, as they are unprotected. In 2004, the commission issued the "Report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse -Attack, Volume 1: Executive Report." The following are some of the relevant findings from that report:

* EMP is one of a small number of threats that can hold our society at risk of catastrophic consequences. EMP will cover a wide geographic region and has the capability to produce significant damage to critical infrastructures, thus threatening the very fabric of U.S. society.

* The common element that can produce such an impact from EMP is primarily our electronics which are so pervasive in all aspects of our society and military, coupled through critical infrastructures (that are also at the mercy of electronic dependence). Our venerability is increasing daily as our use of and dependence on electronics continues to grow.

* The current vulnerability of our critical infrastructures can both invite and reward an attack if not corrected. Correction is feasible and well within our means and resources to accomplish.

In its final report in 2008, the EMP Commission's "Report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, Critical National Infrastructures," provided a detailed analysis regarding specific infrastructure segments, warning that the United States could suffer catastrophic consequences from EMP. The report concluded that the U.S. could be protected from an EMP event at a relatively modest cost, not only protecting critical infrastructures from EMP, but also mitigating and speeding recovery from cyber threats, sabotage and common natural disasters like hurricanes.

In addition to the EMP Commission's findings and reports, the National Academy of Sciences released a blue ribbon study that independently supported the EMP Commission's earlier warnings that Mother Nature also poses an EMP threat to the United States.

Furthermore, the National Fire Protection Association (NFPA) Standard on Disaster/Emergency management and Business Continuity Programs identifies potential hazards that are naturally occurring and human caused. NFPA specifically identifies terrorism (including nuclear and cyber terrorism), sabotage, enemy attack/war, and electromagnetic pulse itself as some of the enumerated intentional hazards that should be addressed.

Even though many improvements to electric grid technology may optimize its efficiency and the distances that electricity can be transmitted, these same advancements actually increase the grid's vulnerability to EMP. In fact today's grid - even without the installation of Smart Grid technologies -is ten times more vulnerable to widespread, long term blackouts.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.