SB3624 103RD GENERAL ASSEMBLY

LRB103 39073 MXP 69210 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3624

Introduced 2/9/2024, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

New Act

Creates the Light Detection and Ranging Technology Security Act. Provides that all State infrastructure located within or serving Illinois shall be constructed so as not to include any light detection and ranging (LIDAR) equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled in a country of concern. Provides that all State infrastructure in operation within or serving Illinois, including any covered infrastructure that is not permanently disabled, that contains LIDAR equipment prohibited by the Act shall be removed and replaced with LIDAR equipment that is not prohibited by the Act within 90 days after the effective date of the Act. Provides that an agency, private entity, or political subdivision primarily responsible for any covered infrastructure that includes prohibited LIDAR equipment may request a reimbursement up to the cost of the original purchase price of such prohibited LIDAR equipment from the State Comptroller, provided the request includes purchase orders and is submitted within 90 days after the effective date of the Act. Provides that no procurement made by the State government or a political subdivision of the State government can include LIDAR equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled in a country of concern. Defines "country of concern" as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, or any other entity deemed by the Governor in consultation with the Director of the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS). Defines other terms. Provides that the Act is fully enforceable as of 90 days after the effective date of the Act. Contains a severability provision.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Light Detection and Ranging Technology Security Act.

Section 5. Purpose. The General Assembly finds that:

(1) The enactment of the Light Detection and Ranging Technology Security Act will protect Illinois critical infrastructure and national security by ensuring that Illinois incorporates safe LIDAR systems produced by America and by friendly nations into State critical infrastructure and other State procurements.

(2) This Act sets as policy that Illinois will not purchase LIDAR systems, either directly or indirectly, that are produced by companies from countries of concern.

Section 10. Definitions. In this Act:

"Autonomous vehicles" means any vehicle equipped with an automated driving system, or the hardware and software that are collectively capable of performing part or all of the dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

"Country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, or any other entity deemed by the Governor in consultation with the Director of the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS).

"Domicile" means either the country in which a company is registered, or where the company's affairs are primarily completed, or where the majority of ownership share is held.

"LIDAR" or "light detection and ranging" means a remote sensing method using the emission of laser light, often through pulsed lasers, to detect and measure the range of surrounding objects, often for the purpose of producing real-time, high-resolution 3-dimensional maps of the physical environment surrounding the device that applies the LIDAR technology. For purposes of this Act, LIDAR technology includes devices that are commonly used, but not limited to, automation and smart infrastructure applications, including, but not limited to, automated vehicles, drones, port cranes, drawbridges, traffic signals, security systems at airports and other sensitive sites.

"Operational design domain" means operating conditions under which a given autonomous vehicle or feature thereof is specifically designed to function, including, but not limited to, environmental, geographical, or time-of-day restrictions, and the requisite presence or absence of certain traffic or roadway characteristics.

"State infrastructure" means State critical infrastructure and State transportation infrastructure.

"State critical infrastructure" includes, but is not limited to, systems and assets, whether physical or virtual, so vital to Illinois or the United States of America that the incapacity or destruction of such systems and assets would have a debilitating impact on State or national security, State or national economic security, State or national public health, or any combination of those matters. A critical infrastructure may be publicly or privately owned, and includes, but is not limited to:

(1) gas and oil production, storage, or delivery systems;

(2) water supply, refinement, storage, or delivery systems;

(3) telecommunications networks;

(4) electrical power delivery systems;

(5) emergency services;

(6) transportation systems and services; or

(7) personal data or otherwise classified information storage systems, including cybersecurity.

"State transportation infrastructure" includes, but is not limited to:

(1) airports, including, but not limited to, commercial and intermodal airports and heliports; and all airport infrastructure;

(2) roadways, including, but not limited to, publicly accessible streets, roads, highways, and bridges; and all roadway infrastructure, including, but not limited to, signage, toll booths, weigh stations, and traffic signals;

(3) railways, including, but not limited to, all classes of freight rail and passenger rail; and all railway infrastructure, including, but not limited to, intermodal rail yards and signals;

(4) ports, including but not limited to, inland ports, seaports, deepwater ports, inland waterways, and levees; and all port infrastructure, including, but not limited to, intermodal stations; or

(5) public transit, including bus, ferry, cable car, tram, trolley, and other types of publicly accessible transportation; and all public transit infrastructure.

Section 15. Secure LIDAR for State infrastructure.

(a) All State infrastructure located within or serving Illinois shall be constructed so as not to include any LIDAR equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled in a country of concern.

(b) All State infrastructure in operation within or serving Illinois, including any covered infrastructure that is not permanently disabled, that contains LIDAR equipment prohibited by subsection (a) shall be removed and replaced with LIDAR equipment that is not prohibited by subsection (a) within 90 days after the effective date of this Act.

(c) An agency, private entity, or political subdivision primarily responsible for any covered infrastructure that includes prohibited LIDAR equipment may request a reimbursement up to the cost of the original purchase price of such prohibited LIDAR equipment from the State Comptroller, provided the request includes purchase orders and is submitted within 90 days after the effective date of this Act. No procurement made by the State government or a political subdivision of the State government can include LIDAR equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled in a country of concern.

Section 20. Autonomous vehicle prohibitions.

(a) A Notwithstanding any other provision of law, no State procurement or procurement made by any political subdivision of the State may include the purchase of LIDAR equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled within a country of concern.

(b) Notwithstanding any other provision of law, any and all certifications, licenses, and regulatory approvals concerning the approval, usage, or operation of autonomous vehicles in this State shall require a prohibition upon the installation or usage of LIDAR equipment manufactured in or by, including any equipment whose critical or necessary components are manufactured in or by, a company domiciled within a country of concern, or a company owned by a company domiciled within a country of concern. or on an autonomous vehicle registered for use in this State.

Section 25. Enforcement date. This Act is fully enforceable as of 90 days after the effective date of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.