HB 1132: RELATING TO CRITICAL INFRASTRUCTURE.

A BILL FOR AN ACT

RELATING TO CRITICAL INFRASTRUCTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that in order to succeed in the responsibilities of the State to provide homeland security under chapter 128A, Hawaii Revised Statutes, it is necessary to establish protections for critical infrastructure information.

     The purpose of this Act is to establish and specify protections for information that is received or maintained by the office of homeland security regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purposes.

     SECTION 2.  Chapter 128A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§128A-     Confidentiality of critical infrastructure information.  (a)  Notwithstanding section 92F-11 and any other law to the contrary, critical infrastructure information received or maintained by the office of homeland security in connection with the Hawaii state critical infrastructure security and resilience program shall be confidential and shall not be disclosed, except as provided for in subsection (b).

     (b)  The office of homeland security may share confidential critical infrastructure information received or maintained under subsection (a) with federal agencies and state and county agencies within the State for the purposes of the security of critical infrastructure of protected systems; provided that the information shall remain confidential and shall not be disclosed by the receiving agency to the public.

     (c)  Nothing contained in this section shall be construed to alter existing rights to access government records subject to chapter 92F from an agency other than the office of homeland security and state and county agencies receiving confidential critical infrastructure information pursuant to subsection (b)."

     SECTION 3.  Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Critical infrastructure information" means information that is not customarily in the public domain and is related to the security of critical infrastructure or protected systems, including documents, records, or other information concerning:

     (1)  Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct, including the misuse of or unauthorized access to all types of communications and data transmission systems, that violates federal, state, local, or tribal law, harms interstate commerce of the United States, or threatens public health or safety;

     (2)  The ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk-management planning, or risk audit; or

     (3)  Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent that it is related to the interference, compromise, or incapacitation."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Homeland Security; Uniform Information Practices; Critical Infrastructure Information

Description:

Makes critical infrastructure information received or maintained by the Office of Homeland Security confidential, except in certain circumstances.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO CRITICAL INFRASTRUCTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that in order to succeed in the responsibilities of the State to provide homeland security under chapter 128A, Hawaii Revised Statutes, it is necessary to establish protections for critical infrastructure information.

     The purpose of this Act is to establish and specify protections for information that is received or maintained by the office of homeland security regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution or other informational purposes.

     SECTION 2.  Chapter 128A, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§128A-     Confidentiality of critical infrastructure information.  (a)  Notwithstanding section 92F-11 and any other law to the contrary, critical infrastructure information received or maintained by the office of homeland security in connection with the Hawaii state critical infrastructure security and resilience program shall be confidential and shall not be disclosed, except as provided in subsection (b).

     (b)  The office of homeland security may share confidential critical infrastructure information received or maintained under subsection (a) with federal agencies and state and county agencies within the State for the purposes of the security of critical infrastructure of protected systems; provided that the information shall remain confidential and shall not be disclosed by the receiving agency to the public.

     (c)  Nothing contained in this section shall be construed to alter existing rights to access government records subject to chapter 92F from an agency other than the office of homeland security and state and county agencies receiving confidential critical infrastructure information under subsection (b)."

     SECTION 3.  Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Critical infrastructure information" means information that is not customarily in the public domain and is related to the security of critical infrastructure or protected systems, including documents, records or other information concerning:

     (1)  Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct, including the misuse of or unauthorized access to all types of communications and data transmission systems, that violates federal, state, local, or tribal law, harms interstate commerce of the United States, or threatens public health or safety;

     (2)  The ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk-management planning, or risk audit; or

     (3)  Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent that it is related to the interference, compromise, or incapacitation."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Homeland Security; Uniform Information Practices; Critical Infrastructure Information

Description:

Enhances sharing of critical infrastructure information between infrastructure owners and operators and the state government.  Defines and protects "critical infrastructure information" that is crucial for direct support of the security and resilience of the State.  Provides homeland security partners with reassurance that their proprietary information provided to the state government will be protected from disclosure.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  145

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1132

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1132 entitled:

"A BILL FOR AN ACT RELATING TO CRITICAL INFRASTRUCTURE,"

begs leave to report as follows:

     The purpose of this measure is to make critical infrastructure information received or maintained by the Office of Homeland Security confidential, except in certain circumstances.  

     Your Committee received testimony in support of this measure from the Office of Information Practices.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that defining and clarifying the confidentiality protections afforded to critical infrastructure information will better enable the Office of Homeland Security to ensure the security and resiliency of the State.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1132, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1132, H.D. 1, and be referred to your Committee on Public Safety.

Respectfully submitted on behalf of the members of the Committee on Water & Land,