A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PROTECTING SOUTH CAROLINA CITIZENS FROM THE RISKS OF SOLAR STORMS AND ELECTROMAGNETIC PULSE ACT" BY ADDING ARTICLE 29 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE FOR DEFINITIONS OF "CRITICAL INFRASTRUCTURE" AND "ELECTROMAGNETIC PULSE", AND TO REQUIRE THE SC EMERGENCY MANAGEMENT DIVISION TO PROVIDE DETAILED PLANS IN ITS EMERGENCY PREPAREDNESS PLAN TO HARDEN CRITICAL INFRASTRUCTURE AGAINST ELECTROMAGNETIC PULSES AND PLAN FOR ALTERNATIVE ENERGY SOURCES, AND TO PROVIDE FOR GRANTS; AND TO ESTABLISH THAT THE GENERAL ASSEMBLY SHALL MAKE CERTAIN APPROPRIATIONS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

Whereas, modern society is reliant upon the electrical grid in a manner inconceivable a century ago, as use of the electric grid touches virtually every aspect of life, from transportation, utilities, communication, employment, food preservation, and safety, to critical life-saving and life-maintaining support in the form of access to daily medications and machines necessary for many to survive; and

 

Whereas, the citizens of South Carolina have endured extended disruptions caused by power outages from natural disasters, however, these disruptions could be minute on the scale of what could result from power outages resulting from an electromagnetic pulse, which may naturally occur through solar storms or may be intentionally created by adversaries intending to wreak havoc on our society; and

 

Whereas, the State has a compelling interest in protecting its citizens, including planning and preparing for known and unknown events that could restrict their ability to access electricity, potentially devastating their livelihoods and their way of life. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Protecting South Carolina Citizens from the Risks of Solar Storms and Electromagnetic Pulse Act."

 

SECTION 2.  Chapter 1, Title 1 of the S.C. Code is amended by adding:

 

Article 29

 

Protect South Carolina's Citizens from the Risks of Solar Storms and Electromagnetic Pulses

 

    Section 1-1-1800.  For purposes of this article:

       (1) "Critical infrastructure" means systems and assets, whether physical or virtual, so vital to this State that the incapacity or destruction of the systems and assets would have a debilitating impact on the security, economic security, or public health or safety, of South Carolina. This includes, but is not limited to, the facilities and assets located in this State belonging to or otherwise associated with the following entities: federal, state, and local governments, public utilities, healthcare, first responders, and public schools.

       (2) "Electromagnetic pulse" means a burst of electromagnetic energy that has the potential to negatively affect technology systems on Earth and in space. This may include human-made electromagnetic pulses and geomagnetic disturbances from the Sun as seen with the "Aurora Borealis" and its interaction is measured in nanoseconds, far accelerated beyond that of a lightning strike.

 

    Section 1-1-1810.  (A)(1) The South Carolina Emergency Management Division (SCEMD) must provide a detailed outline within their current emergency preparedness plan that includes both steps to be taken to harden critical infrastructure from an electromagnetic pulse, as well as alternative energy sources to provide independence for an extended period of time should the electric grid be incapacitated indefinitely.

       (2) This plan must be completed and distributed to all municipalities by January 1, 2027.

    (B) Any municipality or critical infrastructure entity that complies with the plan provided by the SCEMD within one year is eligible for a grant to assist with funding from the General Assembly.

 

SECTION 3.  The General Assembly must provide for multiyear funding beginning in the 2026-2027 Appropriations Act to assist entities with critical infrastructure to obtain and implement electromagnetic pulse protection and alternative power sources. This funding will be awarded in the form of grants through the SCEMD, a division of the Office of the Adjutant General of the South Carolina Guard.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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