STAND. COM. REP. NO. 3101

Honolulu, Hawaii

RE: H.B. No. 2582

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred H.B. No. 2582, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to require critical infrastructure information required by federal or state law to be collected or maintained by a county board of water supply in connection with a federal or state critical infrastructure security and resilience program to be confidential and not available to the public.

Your Committee received testimony in support of this measure from the Department of Law Enforcement, Office of Information Practices and Board of Water Supply of the City and County of Honolulu.

Your Committee received testimony in opposition to this measure from the Public First Law Center.

Your Committee received comments on this measure from the Hawaii State Energy Office and Hawaiian Electric.

Your Committee finds that in order to succeed in the legislated responsibilities of the State and requirements of federal law regarding protection of critical infrastructure, it is necessary to protect the sixteen federally designated critical infrastructure sectors, including but not limited to energy, emergency services, water, and health care. Additionally, any threat to these sectors could have potentially debilitating consequences to national security, the economy, and public health and safety. Your Committee further finds that it is imperative to establish protections for critical infrastructure information that is created, received, or maintained by government agencies to ensure public health and safety.

Your Committee notes that the version of this measure as introduced, exempted disclosure of critical infrastructure information held by any government agency whereas the H.D. 1 version only applies to such information held by a county board of water supply. The language of H.B. No. 2582 is therefore preferable because it seeks to provide protection for each federally designated critical infrastructure sector.

Accordingly, your Committee has amended this measure by deleting its contents and inserting the contents of H.B. No. 2582, which excludes critical infrastructure information from disclosure requirements under the Uniform Information Practices Act.

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2582, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2582, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Intergovernmental and Military Affairs,

________________________________

GLENN WAKAI, Chair