[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Reported in Senate (RS)]
<DOC>
Calendar No. 256
116th CONGRESS
1st Session
S. 2094
[Report No. 116-136]
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
October 22, 2019
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<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--</DELETED>
<DELETED> (1) by redesignating section 366 (42 U.S.C. 6326)
as section 367; and</DELETED>
<DELETED> (2) by inserting after section 365 (42 U.S.C.
6325) the following:</DELETED>
<DELETED>``SEC. 366. STATE ENERGY SECURITY PLANS.</DELETED>
<DELETED> ``(a) In General.--The Secretary may provide financial
assistance to a State for--</DELETED>
<DELETED> ``(1) the development and implementation of a
State energy security plan; or</DELETED>
<DELETED> ``(2) the review, revision, and implementation of
an existing State energy security plan.</DELETED>
<DELETED> ``(b) Purpose.--A State energy security plan developed or
revised under subsection (a) shall--</DELETED>
<DELETED> ``(1) assess the existing circumstances of the
State; and</DELETED>
<DELETED> ``(2) propose methods to strengthen the ability of
the State and of owners and operators of energy infrastructure
in the State--</DELETED>
<DELETED> ``(A) to secure the energy infrastructure
of the State against all physical and cybersecurity
threats;</DELETED>
<DELETED> ``(B) to mitigate the risk of energy
supply disruptions to the State and enhance the
response to, and recovery from, energy supply
disruptions; and</DELETED>
<DELETED> ``(C) to ensure that the State has a
reliable, secure, and resilient energy
infrastructure.</DELETED>
<DELETED> ``(c) Contents of Plan.--A State energy security plan
developed or revised under subsection (a) shall--</DELETED>
<DELETED> ``(1) address all fuels and 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 crosssector interdependencies;</DELETED>
<DELETED> ``(5) provide a risk mitigation approach to
enhance reliability and end-use resilience, including for
issues associated with energy emergencies;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(7) to the maximum extent practicable, encourage
mutual assistance regarding the cyber and physical response
plans of States, Indian Tribes, and regions.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) the public utility or service commission of
the State;</DELETED>
<DELETED> ``(2) public and private sector energy and
electric providers; and</DELETED>
<DELETED> ``(3) other entities responsible for maintaining
fuel or electric reliability and securing energy
infrastructure.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) a State energy security plan developed in
accordance with the requirements of this section; or</DELETED>
<DELETED> ``(2) after an annual review of the existing State
energy security plan of the State by the Governor--</DELETED>
<DELETED> ``(A) a revised State energy security plan
that meets the requirements of this section;
or</DELETED>
<DELETED> ``(B) a certification that no revisions to
the State energy security plan are necessary.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) to supplement, and not to supplant, State
and local funds; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Protection of Information.--Information provided to,
or collected by, the Federal Government under this section--</DELETED>
<DELETED> ``(1) shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(j) Sunset.--This authority to carry out this section
shall expire on October 31, 2022.''.</DELETED>
<DELETED> (b) 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 striking subsection (e);
and</DELETED>
<DELETED> (B) by redesignating subsection (f) as
subsection (e).</DELETED>
<DELETED> (2) Technical amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 366. State energy security plans.
<DELETED>``Sec. 367. Definitions.''.
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. 256
116th CONGRESS
1st Session
S. 2094
[Report No. 116-136]
_______________________________________________________________________
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.
_______________________________________________________________________
October 22, 2019
Reported with an amendment