81-829.05. Chemical facility; legislative findings; security program; requirements.

347 words·~2 min read·/ne/chapter-81/81-829-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section:

(a)Chemical facility has the same meaning as in 6 C.F.R. 27.105;

(b)Federal agency means the Cybersecurity and Infrastructure Security Agency of the United States Department of Homeland Security;

(c)Federal standards means the federal Chemical Facility Anti-Terrorism Standards under 6 C.F.R. part 27, as such standards existed on July 1, 2023; and

(d)Program means the voluntary and publicly available chemical security program provided by the federal agency as an alternative to the federal standards.

(2)The Legislature finds that:

(a)The federal standards were created after the September 11, 2001, terrorist attacks to identify and regulate high-risk chemical facilities to ensure security measures are in place to reduce the risk of certain dangerous chemicals being weaponized by terrorists;

(b)The United States Congress allowed the statutory authority for continuing regulation of the federal standards to expire on July 27, 2023;

(c)With the expiration of such statutory authority and without reauthorization by Congress, the federal agency can no longer enforce compliance with the federal standards;

(d)The lack of enforcement means that chemical facilities will no longer be required to report their chemicals of interest, submit to inspections, provide compliance assistance, or implement any security plan or program; and

(e)The federal agency has encouraged chemical facilities to maintain security measures and offers a voluntary and publicly available alternative chemical security program that provides facilities that possess dangerous chemicals no-cost services and tools to identify risks and improve chemical security.

(3)Beginning on July 19, 2024, a chemical facility shall utilize the federal agency's program if such chemical facility was required on or before July 27, 2023, to have a chemical facility security program pursuant to 6 C.F.R. 27.200 et seq., as such regulations existed on such date.

(4)The Nebraska Emergency Management Agency and the Department of Water, Energy, and Environment shall publish the requirements of this section and post a link to the program on their agency websites.

(5)This section is preempted when the federal standards are in effect if Congress reauthorizes such federal standards.