An Act establishing the "New Jersey Electromagnetic Infrastructure Advisory Commission."

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. There is established a commission to be known as the "New Jersey Electromagnetic Infrastructure Advisory Commission." The commission shall consist of 21 members as follows: the President of the Board of Public Utilities, ex officio, or the president's designee, who shall serve as chair of the commission; the Director of the Office of Homeland Security and Preparedness, ex officio, or the director's designee; the Commissioner of Environmental Protection, ex officio, or the commissioner's designee; the Director of the Division of Rate Counsel, ex officio, or the director's designee, two members of the Senate to be appointed by the President of the Senate, which members shall not be of the same political party; two members of the General Assembly to be appointed by the Speaker of the General Assembly, which members shall not be of the same political party; four public members to be appointed by the Senate President; four public members to be appointed by the Speaker of the General Assembly; and five members to be appointed by the Governor. Of the members to be appointed by the Governor, three shall be public members selected from a list submitted by the New Jersey Utilities Association, one shall be a mayor selected from a list submitted by the New Jersey Conference of Mayors, and one shall be a mayor selected from a list submitted by the New Jersey State League of Municipalities.

2. All appointments to the commission shall be made within 30 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made. Members of the commission shall serve without compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) within the limits of funds appropriated or otherwise made available to the commission for its purposes.

3. a. The commission shall organize within 30 days after the appointment of a majority of its authorized membership and shall select a secretary who need not be a member of the commission.

b. Staff and related support services shall be provided to the commission by the Board of Public Utilities. The commission shall also be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

4. a. It shall be the duty of the commission to study and make findings and recommendations to the Governor and to the Legislature with regard to the following:

(1) the vulnerability of the State's infrastructure to an electromagnetic pulse attack or a geomagnetic storm;

(2) the capacity of the State to protect the State's infrastructure from an electromagnetic pulse attack or a geomagnetic storm;

(3) the capacity of the private sector to protect the State's infrastructure against an electromagnetic pulse attack or a geomagnetic storm;

(4) potential for collaboration between the State and the private sector to protect the State's infrastructure from an electromagnetic pulse attack or a geomagnetic storm;

(5) the ability of the public utilities to protect local distribution facilities from an electromagnetic pulse attack or a geomagnetic storm;

(6) the feasibility of implementing new technologies to protect the State's infrastructure and the local distribution facilities of public utilities from an electromagnetic pulse attack or a geomagnetic storm;

(7) an emergency response plan in the event of an electromagnetic pulse attack or a geomagnetic storm;

(8) potential costs to the State and private sector from an electromagnetic pulse attack or a geomagnetic storm if no protective measures are taken; and

(9) costs to the State and the private sector to implement measures to protect the State's infrastructure from an electromagnetic pulse attack or a geomagnetic storm.

b. The commission shall meet monthly and shall hold at least three public hearings for the purpose of taking testimony regarding matters before the commission.

c. For purposes of this section:

"Electromagnetic pulse" means a burst of electromagnetic energy caused by an abrupt, rapid acceleration of charged particles as the result of a nuclear or non-nuclear source.

"Geomagnetic storm" means a solar wind that causes a temporary disturbance of the Earth's magnetic field.

"Public utility" means any electric, gas, or water public utility that is regulated under the jurisdiction of the Board of Public Utilities.

5. The commission shall issue a final report and its findings and recommendations including any legislative proposals to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than one year following its organizational meeting. The commission shall expire upon submission of the final report.

6. This act shall take effect immediately.

STATEMENT

This bill establishes the "New Jersey Electromagnetic Infrastructure Advisory Commission." The purpose of the commission is to advise the Governor and the Legislature on potential measures to protect the State's infrastructure from an electromagnetic pulse (EMP) attack or a geomagnetic storm. An electromagnetic pulse is defined in the bill to means a burst of electromagnetic energy caused by an abrupt, rapid acceleration of charged particles as the result of a nuclear or non-nuclear source. Geomagnetic storm is defined in the bill to mean a solar wind that causes a temporary disturbance of the Earth's magnetic field.

The commission is to consist of 21 members selected as follows: the President of the Board of Public Utilities, ex officio, or the president's designee, who shall serve as chair of the commission; the Director of the Office of Homeland Security and Preparedness, ex officio, or the director's designee; the Commissioner of Environmental Protection, ex officio, or the commissioner's designee; the Director of the Division of Rate Counsel, ex officio, or the director's designee; two members of the Senate to be appointed by the President of the Senate who shall not be of the same political party; two members of the General Assembly to be appointed by the Speaker of the General Assembly who shall not be of the same political party; four public members to be appointed by the Senate President; four public members to be appointed by the Speaker of the General Assembly; and five members to be appointed by the Governor. Of the members to be appointed by the Governor: three are to be public members selected from a list submitted by the New Jersey Utilities Association; and two are to be mayors, one selected from a list submitted by the New Jersey Conference of Mayors, and one selected from a list submitted by the New Jersey State League of Municipalities.

Under the bill, the commission is to study and make findings and recommendations to the Governor and to the Legislature, within one year after its organizational meeting, concerning: the vulnerability of the State's infrastructure to an EMP attack or a geomagnetic storm; the capacity of the State and the private sector to protect the State's infrastructure from an EMP attack or a geomagnetic storm; the ability of the public utilities to protect local distribution facilities from an EMP attack or a geomagnetic storm; the feasibility of implementing new technologies to protect the State's infrastructure from an EMP attack or a geomagnetic storm; an emergency response plan in the event of an EMP attack or a geomagnetic storm; costs to the State and private sector to protect the State's infrastructure, as well as costs from an EMP attack or a geomagnetic storm if no protective measures are taken.