HomeMy WebLinkAbout2019-04-09 - Resolution No. 2019-12 RESOLUTION NO. 2019-12
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
REGARDING DISCLOSURE OF CRITICAL
INFRASTRUCTURE INFORMATION
WHEREAS, the United States Congress has declared: "A continuous national effort is
required to ensure the reliable provision of cyber and physical
infrastructure services critical to maintaining the national defense,
continuity of government, economic prosperity, and quality of life in the
United States" (Critical Infrastructure Protection Act of 2001, 42 U.S.C. §
5195(c)); and
WHEREAS, the United States Department of Homeland Security and the
Environmental Protection Agency have declared: "Drinking water and
wastewater treatment are essential to modern life and the Nation's
economy. Therefore, it is critical that we enhance the security and
resilience of the Nation's drinking water and wastewater infrastructures"
(2015 Water and Wastewater Systems Sector-Specific Plan); and
WHEREAS, the District's water facilities are critical infrastructure that provide a safe
and reliable supply of drinking water to persons within the District's service
area and surrounding areas, and
WHEREAS, the District's wastewater facilities are critical infrastructure that protect the
health and safety of persons within the District's service area and
surrounding areas; and
WHEREAS, any physical, chemical or cyber-attack on the District's critical
infrastructure could substantially harm the health and safety of persons
within the District's service area and surrounding areas; and
WHEREAS, the California Public Records Request Act (Government Code § 6250 et
seq.) ("PRA") requires the District to disclose documents in response to a
document request unless an exemption applies to the requested
documents, and
WHEREAS, the California Legislature exempted from disclosure, under the PRA,
documents that assess a public agency's vulnerability to terrorist attack or
other criminal acts intended to disrupt the public agency's operations,
which are for distribution in closed session (Government Code §
6254(aa)); and
WHEREAS, the PRA also provides a "public interest" exemption in which the District
may not disclose documents if it can demonstrate that the public interest
served by nondisclosure clearly outweighs the public interest served by
disclosure (Government Code § 6255).
Resolution No.2019-12 Regarding Disclosure of Critical Infrastructure Information 1
NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does
hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Findings.
A. Public interest requires protection of the physical and cyber security
of District water and wastewater operating systems.
B. Disclosure of documents regarding critical infrastructures could
pose serious threats both to the District's safe and reliable supply of
drinking water and the public health and safety of the persons and
property within the District's service area and surrounding areas.
SECTION 2. Critical Infrastructure Information Defined.
A. Critical Infrastructure is defined by the Critical Infrastructure
Protection Act of 2001 (42 U.S.C. § 5195c(e)) and includes any
District pipeline, reservoir, interconnection, pumping or lift station,
chemical storage tank, physical computer-based operating,
security, or monitoring system such as the Supervisory Control and
Data Acquisition system, and information technology such as
geographic information system.
B. Critical Infrastructure Information is defined by the PRA
(Government Code § 6254(ab)) and includes any document,
including electronic documents, that disclose the location, as-built
plans, operating processes, or other information regarding Critical
Infrastructure.
SECTION 3. Critical Infrastructure Information Disclosure Required by Law.
A. The District shall disclose Critical Infrastructure Information in
response to a document request only when disclosure is required
by law. Where appropriate, Critical Infrastructure Information may
be redacted from an otherwise disclosable document to comply
with this Section.
B. Disclosure is required by law only if, and when, one or more of the
following applies:
i. The District receives a valid order issued by a court,
administrative agency, or law enforcement agency
with jurisdiction over the District, commanding
disclosure of specifically identified Critical
Infrastructure Information.
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ii. The District receives a valid subpoena in connection
with a pending court proceeding as confirmed by
District legal counsel.
District legal counsel provides written advice that
disclosure of a particular document, which includes
Critical Infrastructure Information, is required by
Constitution, statute, regulation or common law.
iv. The General Manager or its designee demonstrates,
after receiving written advice of legal counsel if so
requested, that the public interest served by
disclosure clearly outweighs the public interest in
nondisclosure of the Critical Infrastructure
Information.
SECTION 4. Implementation.
The General Manager may issue staff policies, directives and guidelines, and may
conduct staff training, as necessary and appropriate to fully effectuate the terms and
intent of this Resolution.
PASSED AND ADOPTED this 9th day of April 2019 by the following called vote:
AYES: Directors Hall, Jones, Miller, and Nederhood
NOES: None
ABSTAIN: None
ABSENT-. Director Hawkins
�
Brooke J, nes, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gen, Esq.
Kidman Gagen Law LLP
Resolution No.2019-12 Regarding Disclosure of Critical Infrastructure Information 3