A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 29 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE FOR DEFINITIONS AND TO REQUIRE THE SC EMERGENCY MANAGEMENT DIVISION TO ADD DETAILED PLANS REGARDING HARDENING ALL CRITICAL INFRASTRUCTURE AGAINST ELECTROMAGNETIC PULSES OR GEOMAGNETIC DISTURBANCES, TO REQUIRE ELECTRICAL UTILITY DISTRIBUTORS IN THIS STATE TO OFFER PROGRAMS TO RESIDENTIAL CUSTOMERS WHO CHOOSE TO RECEIVE ELECTROMAGNETIC PULSE/GEOMAGNETIC DISTURBANCE PROTECTION FROM THE UTILITY AND PROVIDE FOR PAYMENT PLANS THROUGH THE CUSTOMERS' MONTHLY BILLS, AND TO PROVIDE FOR GRANTS; AND TO ESTABLISH THAT THE GENERAL ASSEMBLY SHALL MAKE CERTAIN APPROPRIATIONS.

 

Whereas, an electromagnetic pulse can be caused by a solar flare, also known as a coronal mass ejection, or a nuclear blast high up in the atmosphere that could be delivered via a suitcase-sized bomb on a weather balloon, satellite, or ballistic missile; and

 

Whereas, China, North Korea, Russia, and Iran are all very aware of the potential for disaster caused by an electromagnetic pulse, and some of them already have access to the technology to wreak havoc on their enemies; and

 

Whereas, the federal government is fully aware of this and has taken steps to protect military installations, but they are at least partially dependent on the civilian grid; and

 

Whereas, the "Carrington Event" describes the global impact on telegraph wires and communication by a solar flare on September 1, 1859, and there have been numerous flares since then, including May and September 2024; and

 

Whereas, if we had the dependence then on the electrical grid and silicon chips that we have today, the effects would have been far more life altering and lasting; and

 

Whereas, estimates from scientists who have studied this subject are that within one year, a highly significant number of humans could die based on the inability to restore critical infrastructure because it would not simply be "down," it would be destroyed and unable to operate; and

 

Whereas, with no power, no access to water or sewer systems, no hospitals, no pharmacies, no refrigeration of any kind, many who are dependent on daily medications or machines for survival would perish much sooner; and

 

Whereas, in the very recent past the State of South Carolina has experienced significant power outages due to both hurricanes and other major storms. Widespread availability of alternative energy sources could have mitigated some of the risk and alleviated pain and suffering of our residents throughout our State; and

 

Whereas, there are times when the State of South Carolina, in order to provide for the common defense, has a compelling interest to assure action by local municipalities, state agencies, and private enterprises that are essential to the protection of our citizens. Now, therefore,

 

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

 

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

 

Article 29

 

Protect South Carolina's Citizens from the Effect of Electromagnetic Pulse

 

    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" last spring and fall, 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 or geomagnetic disturbance, as well as alternative energy sources to provide independence for an extended period of time should the grid be incapacitated indefinitely.

       (2) This plan must be completed and distributed to all municipalities by January 1, 2026.

    (B) All energy distributors of electrical power in this State, including electrical utilities not within the Public Service Commission's jurisdiction, must offer a program to its residential customers who request electromagnetic pulse protection for their personal assets. This program must allow the customer, if the customer so desires, to have electromagnetic pulse protection installed by the utility and to establish a payment plan through the customer's monthly utility bill.

    (C) 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 2.  The General Assembly must provide for multiyear funding beginning in the 2025-2026 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 3.  This act takes effect upon approval by the Governor.

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