[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2094

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2019

Mr. Gardner (for himself and Mr. Bennet) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Energy Policy and Conservation Act to provide Federal 
   financial assistance to States to implement 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,

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--
            (1) by redesignating section 366 (42 U.S.C. 6326) as 
        section 367; and
            (2) by inserting after section 365 (42 U.S.C. 6325) the 
        following:

``SEC. 366. STATE ENERGY SECURITY PLANS.

    ``(a) In General.--The Secretary may provide financial assistance 
to a State for--
            ``(1) the development and implementation of a State energy 
        security plan; or
            ``(2) the review, revision, and implementation of an 
        existing State energy security plan.
    ``(b) Purpose.--A State energy security plan developed or revised 
under subsection (a) shall--
            ``(1) assess the existing circumstances of the State; and
            ``(2) propose methods to strengthen the ability of the 
        State and of owners and operators of energy infrastructure in 
        the State--
                    ``(A) to secure the energy infrastructure of the 
                State against all physical and cybersecurity threats;
                    ``(B) to mitigate the risk of energy supply 
                disruptions to the State and enhance the response to, 
                and recovery from, energy supply disruptions; and
                    ``(C) to ensure that the State has a reliable, 
                secure, and resilient energy infrastructure.
    ``(c) Contents of Plan.--A State energy security plan developed or 
revised under subsection (a) shall--
            ``(1) address all fuels 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 crosssector interdependencies;
            ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience, including for issues 
        associated with energy emergencies;
            ``(6) address coordination, planning, and response, 
        including cyber information sharing mechanisms such as the 
        Multi-State Information and Analysis Center, across States, 
        Indian Tribes, and regions; and
            ``(7) to the maximum extent practicable, encourage mutual 
        assistance regarding the cyber and physical response plans of 
        States, Indian Tribes, and regions.
    ``(d) Coordination.--In developing or revising a State energy 
security plan under subsection (a), the State energy office shall, to 
the maximum extent practicable, coordinate with and participate in 
cyber and physical security incident exercises with--
            ``(1) the public utility or service commission of the 
        State;
            ``(2) public and private sector energy and electric 
        providers; and
            ``(3) other entities responsible for maintaining fuel or 
        electric reliability and securing energy infrastructure.
    ``(e) Eligibility for Financial Assistance.--The Governor of a 
State desiring financial assistance under this section for a fiscal 
year shall submit to the Secretary, with respect to that fiscal year--
            ``(1) a State energy security plan developed in accordance 
        with the requirements of this section; or
            ``(2) after an annual review of the existing State energy 
        security plan of the State by the Governor--
                    ``(A) a revised State energy security plan that 
                meets the requirements of this section; or
                    ``(B) a certification that no revisions to the 
                State energy security plan are necessary.
    ``(f) Technical Assistance.--On request of the Governor of a State, 
the Secretary may provide to the State information, technical 
assistance, and other assistance for the development or revision of, 
and implementation of, a State energy security plan under this section.
    ``(g) Requirement.--Each State receiving financial assistance under 
this section 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.
    ``(h) 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.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2019 through 2022.
    ``(j) Sunset.--This authority to carry out this section shall 
expire on October 31, 2022.''.
    (b) 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 amendments.--
                    (A) Section 509(i)(3) of the Housing and Urban 
                Development Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is 
                amended by striking ``section 366'' and inserting 
                ``section 367''.
                    (B) 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''.
                    (C) Section 367(3)(B)(i) of the Energy Policy and 
                Conservation Act (42 U.S.C. 6326(3)(B)(i)) (as 
                redesignated by subsection (a)(1)) is amended by 
                striking ``approved under section 367''.
                    (D) Section 451(i)(3) of the Energy Conservation 
                and Production Act (42 U.S.C. 6881(i)(3)) is amended by 
                striking ``section 366'' and all that follows through 
                the period at the end and inserting ``section 367 of 
                the Energy Policy and Conservation Act.''.
            (3) 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 striking the item relating to section 366 and inserting the 
        following:

``Sec. 366. State energy security plans.
``Sec. 367. Definitions.''.
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