[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 257
116th CONGRESS
  1st Session
                                H. R. 2114

                          [Report No. 116-137]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2019

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            October 22, 2019

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To amend the Energy Policy and Conservation Act to provide Federal 
 financial assistance to States to implement, review, and revise State 
             energy security plans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Enhancing State Energy 
Security Planning and Emergency Preparedness Act of 2019''.</DELETED>

<DELETED>SEC. 2. STATE ENERGY SECURITY PLANS.</DELETED>

<DELETED>    (a) In General.--Part D of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at 
the end the following:</DELETED>

<DELETED>``SEC. 367. STATE ENERGY SECURITY PLANS.</DELETED>

<DELETED>    ``(a) In General.--Federal financial assistance made 
available to a State under this part may be used for the 
implementation, review, and revision of a State energy security plan 
that assesses the State's existing circumstances and proposes methods 
to strengthen the ability of the State, in consultation with owners and 
operators of energy infrastructure in such State, to--</DELETED>
        <DELETED>    ``(1) secure the energy infrastructure of the 
        State against all physical and cybersecurity threats;</DELETED>
        <DELETED>    ``(2) mitigate the risk of energy supply 
        disruptions to the State and enhance the response to, and 
        recovery from, energy disruptions; and</DELETED>
        <DELETED>    ``(3) ensure the State has a reliable, secure, and 
        resilient energy infrastructure.</DELETED>
<DELETED>    ``(b) Contents of Plan.--A State energy security plan 
described in subsection (a) shall--</DELETED>
        <DELETED>    ``(1) address all fuels, including petroleum 
        products, other liquid fuels, coal, electricity, and natural 
        gas, as well as regulated and unregulated energy 
        providers;</DELETED>
        <DELETED>    ``(2) provide a State energy profile, including an 
        assessment of energy production, distribution, and end-
        use;</DELETED>
        <DELETED>    ``(3) address potential hazards to each energy 
        sector or system, including physical threats and cybersecurity 
        threats and vulnerabilities;</DELETED>
        <DELETED>    ``(4) provide a risk assessment of energy 
        infrastructure and cross-sector interdependencies;</DELETED>
        <DELETED>    ``(5) provide a risk mitigation approach to 
        enhance reliability and end-use resilience; and</DELETED>
        <DELETED>    ``(6) address multi-State, Indian Tribe, and 
        regional coordination planning and response, and to the extent 
        practicable, encourage mutual assistance in cyber and physical 
        response plans.</DELETED>
<DELETED>    ``(c) Coordination.--In developing a State energy security 
plan under this section, the energy office of the State shall, to the 
extent practicable, coordinate with--</DELETED>
        <DELETED>    ``(1) the public utility or service commission of 
        the State;</DELETED>
        <DELETED>    ``(2) energy providers from the private sector; 
        and</DELETED>
        <DELETED>    ``(3) other entities responsible for maintaining 
        fuel or electric reliability.</DELETED>
<DELETED>    ``(d) Financial Assistance.--A State is not eligible to 
receive Federal financial assistance under this part, for any purpose, 
for a fiscal year unless the Governor of such State submits to the 
Secretary, with respect to such fiscal year--</DELETED>
        <DELETED>    ``(1) a State energy security plan described in 
        subsection (a) that meets the requirements of subsection (b); 
        or</DELETED>
        <DELETED>    ``(2) after an annual review of the State energy 
        security plan by the Governor--</DELETED>
                <DELETED>    ``(A) any necessary revisions to such 
                plan; or</DELETED>
                <DELETED>    ``(B) a certification that no revisions to 
                such plan are necessary.</DELETED>
<DELETED>    ``(e) Technical Assistance.--Upon request of the Governor 
of a State, the Secretary may provide information and technical 
assistance, and other assistance, in the development, implementation, 
or revision of a State energy security plan.</DELETED>
<DELETED>    ``(f) Sunset.--This section shall expire on October 31, 
2024.''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 365(f) of 
the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``$125,000,000'' and inserting 
        ``$90,000,000''; and</DELETED>
        <DELETED>    (2) by striking ``2007 through 2012'' and 
        inserting ``2021 through 2025''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Conforming amendments.--Section 363 of the 
        Energy Policy and Conservation Act (42 U.S.C. 6323) is 
        amended--</DELETED>
                <DELETED>    (A) by redesignating subsection (f) as 
                subsection (e); and</DELETED>
                <DELETED>    (B) by striking subsection (e).</DELETED>
        <DELETED>    (2) Technical amendment.--Section 366(3)(B)(i) of 
        the Energy Policy and Conservation Act (42 U.S.C. 
        6326(3)(B)(i)) is amended by striking ``approved under section 
        367''.</DELETED>
        <DELETED>    (3) Reference.--The item relating to ``Department 
        of Energy--Energy Conservation'' in title II of the Department 
        of the Interior and Related Agencies Appropriations Act, 1985 
        (42 U.S.C. 6323a) is amended by striking ``sections 361 through 
        366'' and inserting ``sections 361 through 367''.</DELETED>
        <DELETED>    (4) Table of sections.--The table of sections for 
        part D of title III of the Energy Policy and Conservation Act 
        is amended by adding at the end the following:</DELETED>

<DELETED>``Sec. 367. State energy security plans.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing State Energy Security 
Planning and Emergency Preparedness Act of 2019''.

SEC. 2. STATE ENERGY SECURITY PLANS.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the 
end the following:

``SEC. 367. STATE ENERGY SECURITY PLANS.

    ``(a) In General.--Federal financial assistance made available to a 
State under this part may be used for the implementation, review, and 
revision of a State energy security plan that assesses the State's 
existing circumstances and proposes methods to strengthen the ability 
of the State, in consultation with owners and operators of energy 
infrastructure in such State, to--
            ``(1) secure the energy infrastructure of the State against 
        all physical and cybersecurity threats;
            ``(2) mitigate the risk of energy supply disruptions to the 
        State and enhance the response to, and recovery from, energy 
        disruptions; and
            ``(3) ensure the State has a reliable, secure, and 
        resilient energy infrastructure.
    ``(b) Contents of Plan.--A State energy security plan described in 
subsection (a) shall--
            ``(1) address all energy sources and regulated and 
        unregulated energy providers;
            ``(2) provide a State energy profile, including an 
        assessment of energy production, distribution, and end-use;
            ``(3) address potential hazards to each energy sector or 
        system, including physical threats and cybersecurity threats 
        and vulnerabilities;
            ``(4) provide a risk assessment of energy infrastructure 
        and cross-sector interdependencies;
            ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
            ``(6) address multi-State, Indian Tribe, and regional 
        coordination planning and response, and to the extent 
        practicable, encourage mutual assistance in cyber and physical 
        response plans.
    ``(c) Coordination.--In developing a State energy security plan 
under this section, the energy office of the State shall, to the extent 
practicable, coordinate with--
            ``(1) the public utility or service commission of the 
        State;
            ``(2) energy providers from the private sector; and
            ``(3) other entities responsible for maintaining fuel or 
        electric reliability.
    ``(d) Financial Assistance.--A State is not eligible to receive 
Federal financial assistance under this part, for any purpose, for a 
fiscal year unless the Governor of such State submits to the Secretary, 
with respect to such fiscal year--
            ``(1) a State energy security plan described in subsection 
        (a) that meets the requirements of subsection (b); or
            ``(2) after an annual review of the State energy security 
        plan by the Governor--
                    ``(A) any necessary revisions to such plan; or
                    ``(B) a certification that no revisions to such 
                plan are necessary.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary may provide information and technical assistance, 
and other assistance, in the development, implementation, or revision 
of a State energy security plan.
    ``(f) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
            ``(1) to supplement, and not to supplant, State and local 
        funds; and
            ``(2) to the maximum extent practicable, to increase the 
        amount of State and local funds that otherwise would be 
        available, in the absence of the financial assistance, for the 
        implementation of the State energy security plan under this 
        section.
    ``(g) Protection of Information.--Information provided to, or 
collected by, the Federal Government under this section--
            ``(1) shall be exempt from disclosure under section 
        552(b)(3) of title 5, United States Code; and
            ``(2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, or Tribal law, as applicable, 
        requiring public disclosure of information or records.
    ``(h) Sunset.--This section shall expire on October 31, 2024.''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
            (1) by striking ``$125,000,000'' and inserting 
        ``$90,000,000''; and
            (2) by striking ``2007 through 2012'' and inserting ``2021 
        through 2025''.
    (c) Technical and Conforming Amendments.--
            (1) Conforming amendments.--Section 363 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6323) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (2) Technical amendment.--Section 366(3)(B)(i) of the 
        Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is 
        amended by striking ``approved under section 367''.
            (3) Reference.--The matter under the heading ``energy 
        conservation'' under the heading ``DEPARTMENT OF ENERGY'' in 
        title II of the Department of the Interior and Related Agencies 
        Appropriations Act, 1985 (42 U.S.C. 6323a) is amended by 
        striking ``sections 361 through 366'' and inserting ``sections 
        361 through 367''.
            (4) Table of contents.--The table of contents for part D of 
        title III of the Energy Policy and Conservation Act (Public Law 
        94-163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006) is amended 
        by adding at the end the following:

``Sec. 367. State energy security plans.''.
                                                       Calendar No. 257

116th CONGRESS

  1st Session

                               H. R. 2114

                          [Report No. 116-137]

_______________________________________________________________________

                                 AN ACT

  To amend the Energy Policy and Conservation Act to provide Federal 
 financial assistance to States to implement, review, and revise State 
             energy security plans, and for other purposes.

_______________________________________________________________________

                            October 22, 2019

                       Reported with an amendment