|
REFERENCE TITLE: critical infrastructure; fuel facilities |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2376 |
|
|
|
Introduced by Representatives Campbell CH, Sinema
|
AN ACT
amending sections 41‑4271, 41‑4272 and 41‑4273, Arizona Revised Statutes; relating to critical infrastructure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-4271, Arizona Revised Statutes, is amended to read:
41-4271. Definitions
In this article, unless the context otherwise requires:
1. "AUTOMATED CRITICAL ASSET MANAGEMENT SYSTEM" MEANS THE CRITICAL INFRASTRUCTURE ASSET MANAGEMENT SYSTEM MAINTAINED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY AND THE ARIZONA COUNTERTERRORISM CENTER in the department of public safety.
1. 2. "Critical infrastructure" has the same meaning prescribed in section 41-1801.
2. 3. "Fuel facility" means a commercial aviation fuel, petroleum or natural gas bulk storage and transmission facility or terminal in this state that is not located on the premises of a commercial airport with two million five hundred thousand or more barrels of storage capacity.
Sec. 2. Section 41-4272, Arizona Revised Statutes, is amended to read:
41-4272. Protection of critical infrastructure; fuel facilities
Notwithstanding any other law, on or before October 1 of each year the owners of a fuel facility shall provide a written report to the director update the automated critical asset management system regarding security measures being taken by the operators of the fuel facility and by any other agency or authority of this state or any political subdivision of this state and, to the extent practicable, of any federal entity, to protect the security of the critical infrastructure. The owners of the fuel facility and any other agency or authority of this state or any political subdivision of this state involved in the protection of this critical infrastructure shall coordinate and cooperate in the preparation of the report and shall make a good faith effort to include input from any federal entity involved in the protection of this critical infrastructure. As deemed appropriate by the director, the department may physically inspect the premises and review any audits or reports related to the security of the critical infrastructure, including audits or reports conducted at the request of any other agency or authority of this state or any political subdivision of this state or, to the extent practicable, of any federal entity. The operators of the fuel facility, in compliance with any federal and state requirements regarding the dissemination of this information, shall provide access to the director to the audits or reports regarding critical infrastructure. The exclusive custody and control of the audits and reports remain solely with the operators of the fuel facility.
Sec. 3. Section 41-4273, Arizona Revised Statutes, is amended to read:
41-4273. Reporting requirements; confidentiality
A. Before January 1, 2010, and every five years thereafter, the director shall provide a report to the governor, the president of the senate, the speaker of the house of representatives and the operator of a fuel facility listing the director's recommendations to the legislature, the operators of a fuel facility or any appropriate state or federal regulating entity or agency of any additional security measures that are recommended to be implemented, if the director determines the measures are recommended considering among other factors the unique characteristics of each fuel facility.
B. Before receiving the report required by subsection A, each recipient of the report shall develop confidentiality protocols, in consultation with the director for the maintenance and use of the report to ensure the confidentiality of the report and all information contained in the report. The confidential protocols are binding on the recipient that issues the protocols and anyone to whom the recipient shows a copy of the report. The report and any information contained or used in its preparation are exempt from and shall not be made available pursuant to title 39, chapter 1, article 2. The director shall also develop protocols for the department related to the maintenance and use of the report to ensure the confidentiality of the report and all information contained in the report. the report required by subsection a of this section is subject to the disclosure guidelines, procedures and penalties prescribed in sections 41‑1803, 41‑1804 and 41‑1805. On each report, the director shall prominently display the following statement: "This report may contain information that if disclosed could endanger the life or safety of the public. This report is to be maintained and used in a manner consistent with protocols established to preserve the confidentiality of the information contained in this report in a manner consistent with law."