Hawaii SB 1451: RELATING TO CRITICAL INFRASTRUCTURE.

Bill Text

S.B. NO. 1450
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JAN 2 3 2025
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
LAW-03(25)

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S.B. NO.5)
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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:
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S.B. NO. 1+51
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(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
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S.B. NO.I51
1 related to the interference, compromise, or
2 incapacitation."
3 SECTION 4. New statutory material is underscored.
4 SECTION 5. This Act shall take effect upon its approval.
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6 INTRODUCED BY: 2
7 BY REQUEST
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S.B. NO.15)
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.
LAW-03(25)

JUSTIFICATION SHEET SB. NO. 451
DEPARTMENT: Law Enforcement
TITLE: A BILL FOR AN ACT RELATING TO CRITICAL
INFRASTRUCTURE.
PURPOSE: To establish protections for critical
infrastructure information that is received
or maintained by the Office of Homeland
Security (OHS) for use regarding the
security of critical infrastructure and
protected systems, analysis, warning,
interdependency study, recovery,
reconstitut