[Congressional Record Volume 163, Number 121 (Tuesday, July 18, 2017)]
[House]
[Pages H5938-H5939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENHANCING STATE ENERGY SECURITY PLANNING AND EMERGENCY PREPAREDNESS ACT
OF 2017
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3050) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3050
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 2017''.
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 fuels, including petroleum products,
other liquid fuels, coal, electricity, and natural gas, as
well as 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) Sunset.--This section shall expire on October 31,
2022.''.
(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 ``2018
through 2022''.
(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 redesignating subsection (f) as subsection (e); and
(B) by striking 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 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''.
(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:
``Sec. 367. State energy security plans.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentleman from Illinois (Mr. Rush) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and insert
extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is an important bill. It really is. This bill, H.R.
3050, is a bipartisan bill introduced by myself and by my good friend
and colleague across the aisle, Mr. Rush. It is bipartisan.
This bill reauthorizes the State Energy Program and it strengthens
our
[[Page H5939]]
energy emergency planning and preparedness efforts in a big-time way.
This bill builds upon the Energy and Commerce Committee's impressive
record of hearings and legislation focused on energy security,
emergency preparedness, job creation, and infrastructure protection and
resilience.
Across the country, States have to respond to a variety of hazards,
including hurricanes, earthquakes, floods, fuel supply disruptions,
physical and, yes, cyber threats, too. This legislation provides States
with tools in the toolbox so that they have flexibility that they need
to address local energy challenges.
It ensures that State energy security planning efforts address fuel
supply issues, assess State energy profiles, address potential hazards
to each energy sector. It mitigates risk to enhance reliability and
incorporate regional planning efforts.
Let's face it, the consumer at home, businesses trying to put out a
product, they want to make sure that the electricity is on. They don't
care what the excuse is. They want it on.
This bill makes significant strides to protect our Nation's fuel and
electric infrastructure from physical and cybersecurity threats and
vulnerabilities. It makes sure that we are thinking ahead not just
about the actual threat, but, in fact, how our energy and electric
systems might be vulnerable in a broader sense.
The bill also encourages mutual assistance, an essential part of
responding and restoring in the event of an energy emergency. Teamwork:
prioritizing and elevating energy security planning and emergency
preparedness is, yes, an important step in the face of increased
threats, vulnerabilities, and interdependencies of energy
infrastructure and end-use systems.
This bill is important and is going to get to the President's desk in
a bipartisan way. Again, I thank my good friend and colleague for his
help in getting this bill through our committee and here to the House
floor.
Mr. Speaker, I reserve the balance of my time.
Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to also commend my friend and my colleague from
the great State of Michigan, the chairman of the Energy Subcommittee,
my longstanding friend, Mr. Upton, for working with my office to bring
H.R. 3050, the Enhancing State Energy Security Planning and Emergency
Preparedness Act of 2017, to the floor today.
Mr. Speaker, this Upton-Rush bill represents bipartisan negotiation
between Chairman Upton and myself to much-needed Federal guidance and
resources to the States that are on the front lines when it comes to
protecting critical energy infrastructure and responding once disaster
strikes.
Members on both side of the aisle, Mr. Speaker, support the State
Energy Program, and this bill will help provide resources to further
develop and enhance the State energy security plans.
Since their inception in the 1970s, State Energy Programs, bolstered
by Federal aid, have assisted States in developing these energy
security plans in order to help prevent disasters from happening and to
mitigate the damage once they do occur.
Mr. Speaker, funding provided in this bill will help States to
implement, revise, and to review their energy security plans while also
laying out criteria for the contents of these plans. These emergency
plans have been instrumental in improving States' abilities to identify
potential energy disruptions, quantify the effects of the disruptions,
establish response plans, and limit the risk of further disturbances,
whether they be natural or manmade.
Federal funding and leadership has also been critical in helping
States and local stakeholders identify the roles and responsibilities
of the various agencies in times of emergencies while also supporting
training and response exercises.
Mr. Speaker, as the Trump administration weakens America's leadership
role globally by signaling its intentions to withdraw from the Paris
Agreement, it is even more vital that we provide the resources and
funding needed for States to take more of a permanent role in advancing
smart and sustainable energy policy.
Mr. Speaker, Federal leadership and investment must continue to play
a vital role in developing State Energy Assurance Plans, and it is my
hope and my expectation that this legislation will indeed bolster these
State-led programs by enhancing Federal support.
Mr. Speaker, I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Barton), former chairman and now vice
chairman of the influential and powerful Energy and Commerce Committee,
coming from the good State of Texas versus the great State of Michigan.
(Mr. BARTON asked and was given permission to revise and extend his
remarks.)
Mr. BARTON. Mr. Speaker, it is the great State of Texas. I want to
set the Record straight on that.
I commend Chairman Upton and Ranking Member Rush for bringing this
bipartisan bill the floor. All we hear is about how we don't get along,
Mr. Speaker. Nobody is watching when we do get along. And all of the
bills that are being debated and voted on on the House floor today are
examples of bipartisanship at the Energy and Commerce Committee, and
Mr. Upton, Mr. Rush, Mr. Pallone, Mr. Walden, and the other ranking
members and subcommittee chairmen are to be commended for that.
One of the bipartisan amendments, which was adopted in full committee
on this bill, is a bipartisan amendment from Mr. McNerney, a Democrat
from California, and myself, that deals with the cybersecurity and
would suggest that, as these States provide these energy security plans
to the Department of Energy, they include an assessment of
cybersecurity.
So I can't tell you that this is the most important amendment that
has ever been added to a bill in our committee, but it is a very good
amendment, a very positive amendment. As plans are developed, including
an assessment of cybersecurity threats and solutions to those threats,
it should make the grid better, more reliable, and help make our
country safer.
Mr. Speaker, I strongly support H.R. 3050. Again, I commend Mr. Upton
and Mr. Rush for working together, and I hope the House very quickly
passes this and sends it to the other body.
Mr. UPTON. Mr. Speaker, I would like to conclude by saying that I
thank the gentleman from Texas for his remarks. It was an important
amendment. God help us if something happens in our country because of a
physical or cyber attack. And if it does, we always wonder and ask the
questions: What do we do?
This is a step in advance to make sure that, in fact, we do have, as
I said earlier, the tools in the toolbox to try and prevent such a
travesty from happening that would impact the Nation in a major way. So
it is important that this legislation pass this afternoon; that the
Senate take it up as quickly as they can; that the President sign it;
and that it then gets implemented to protect all of our citizens from
East to West, to North, to South. It is an important issue.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Jody B. Hice of Georgia). The question
is on the motion offered by the gentleman from Michigan (Mr. Upton)
that the House suspend the rules and pass the bill, H.R. 3050, as
amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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