[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1333-S1334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1388. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of part II of subtitle B of title II, add the
following:
SEC. 22__. IMPROVING ENERGY SYSTEM RESILIENCE.
(a) Definitions.--In this section:
(1) Combined heat and power technology.--The term
``combined heat and power technology'' means a technology for
the generation of electric energy and heat in a single,
integrated system--
(A) that meets the efficiency criteria described in clauses
(ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue
Code of 1986; and
(B) under which heat that is conventionally rejected is--
(i) recovered; and
(ii) used to meet thermal energy requirements.
(2) Distributed energy resource.--The term ``distributed
energy resource'' means any energy technology that is--
(A) located on a customer site;
(B) operating on the customer side of the electric meter;
and
(C) interconnected with the grid.
(3) Energy storage.--The term ``energy storage'' means any
technology for the storage of electric energy that is capable
of discharge on demand to meet customer or grid needs for
electric energy.
(4) Energy system.--
(A) In general.--The term ``energy system'' means all
components relating to the production, conversion, delivery,
or use of energy.
(B) Inclusions.--The term ``energy system'' includes any
energy generation, transmission, or distribution asset.
(5) Grid.--The term ``grid'' means the electric grid
composed of--
(A) electric energy distribution and transmission lines;
and
(B) associated facilities, including--
(i) substations;
(ii) sensors; and
(iii) operational controls.
(6) Resilience.--The term ``resilience'', with respect to
an energy system or a component of an energy system, means
the ability of the energy system or component--
(A) to adapt to changing conditions; and
(B) to withstand and recover rapidly from a disruption,
including a deliberate attack, accident, or naturally
occurring threat or incident.
(b) Report on Energy System Performance Under Extreme
Storms.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report describing energy
emergencies, resilience, and mitigation actions that could
lessen the impact of future energy system disruptions.
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall--
(A) take into consideration any lessons learned from prior
storms, including lessons learned from--
(i) Superstorm Sandy; and
(ii) Hurricanes Harvey, Irma, and Maria;
(B) include a description of the anticipated cost
effectiveness and avoided cost to energy ratepayers if a
mitigation action described in the report is implemented; and
(C) identify specific lessons learned with regard to
coordination among Federal, State, and local entities with
respect to energy emergency preparedness, mitigation, and
recovery across all energy sectors.
(c) Regional Energy Emergency Preparedness Exercises.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 529. REGIONAL ENERGY EMERGENCY PREPAREDNESS EXERCISES.
``(a) Definitions.--In this section:
``(1) Energy system.--
``(A) In general.--The term `energy system' means all
components relating to the production, conversion, delivery,
or use of energy.
``(B) Inclusions.--The term `energy system' includes any
energy generation, transmission, or distribution asset.
``(2) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment of Permanent Program.--In carrying out
the duties of the Secretary under Emergency Support Function
12 of the National Response Plan, the Secretary shall
establish a permanent program within the Office of
Electricity Delivery and Energy Reliability under which the
Secretary shall conduct regional energy emergency
preparedness exercises to strengthen the capability of
participants to respond to, and recover from, severe events
affecting the reliable operation of the energy system.
``(c) Requirements.--An exercise conducted under subsection
(b) shall include analyses of--
``(1) any potential hazards to energy systems and
associated interdependent systems;
``(2) the outcome of any physical security, cybersecurity,
and energy emergency preparedness and response activities
conducted under the exercise;
``(3) options for mitigating the impacts of energy system
disruptions; and
``(4) the availability and delivery times of material and
equipment required to rebuild after energy system
disruptions.
``(d) Participants.--Participants in an exercise conducted
under subsection (b) shall include--
``(1) State energy officials;
``(2) State public utility commissioners;
``(3) State emergency management officials;
``(4) local emergency management officials;
``(5) utilities;
``(6) petroleum and natural gas providers and other fuel
providers;
``(7) utility-scale renewable energy providers;
``(8) telecommunications providers;
``(9) first responders; and
``(10) any other individuals determined to be appropriate
by the Secretary.
``(e) Coordination.--In carrying out this section, the
Secretary is encouraged to coordinate and consult with--
``(1) the Secretary of Defense;
``(2) the Secretary of Homeland Security;
``(3) the Secretary of Transportation;
``(4) the Administrator of the Federal Emergency Management
Agency;
``(5) the head of the Office of Energy Infrastructure
Security of the Federal Energy Regulatory Commission; and
``(6) the heads of such other Federal departments and
agencies as the Secretary determines to have an interest in
strengthening the reliable operation of the energy system.
``(f) Funding.--The Secretary may request such funding as
the Secretary determines to be necessary to carry out this
section.''.
(2) Technical and conforming amendments.--
(A) Section 201(g)(4) of the Homeland Security Act of 2002
(6 U.S.C. 121(g)(4)) is amended by inserting ``, subject to
section 529,'' after ``Energy and''.
(B) Section 303(1) of the Homeland Security Act of 2002 (6
U.S.C. 183(1)) is amended, in the matter preceding
subparagraph (A), by striking ``The following'' and inserting
``Subject to section 529, the following''.
(C) Section 501(8) of the Homeland Security Act of 2002 (6
U.S.C. 311(8)) is amended by striking ``section 502(a)(6)''
and inserting ``section 504(a)(6)''.
(D) Section 504(a)(3)(B) of the Homeland Security Act of
2002 (6 U.S.C. 314(a)(3)(B)) is amended by striking ``, the
National Disaster Medical System,''.
(d) Energy Resilience Pilot Program.--
(1) Establishment.--The Secretary shall establish a pilot
program under which the Secretary shall provide to States
grants for the development of--
(A) State plans to be used as models for developing a
systematic and holistic approach to energy system resilience;
and
(B) all-hazards, all-fuels energy emergency plans and
mitigation actions.
(2) Application.--
(A) In general.--To be eligible to receive a grant under
this subsection, a State, acting jointly with the State
energy office and the public utility or service commission of
the State (or a substantially similar entity) and in
consultation with State energy management offices, utilities
(including municipal utilities), electric cooperatives, and
private-sector partners in the applicable State or region,
shall submit to the Secretary an application at such time, in
such manner, and
[[Page S1334]]
containing such information as the Secretary may require.
(B) Inclusions.--An application submitted under
subparagraph (A) shall include a description of the manner in
which the proposed plan would, with respect to the area
proposed to be served by the plan--
(i) improve the resilience of the energy system and natural
gas and petroleum infrastructure that services critical
facilities, including medical facilities, first responder
stations, water treatment plants, telecommunications nodes,
schools, and other State and local government facilities used
for emergency shelter;
(ii) encourage a multi-State coordinated effort to respond
to disasters;
(iii) improve the deployment of--
(I) energy-efficient practices and technologies;
(II) distributed energy resources;
(III) combined heat and power technologies; and
(IV) energy storage;
(iv) support the implementation of smart grid technology,
including--
(I) sensors;
(II) advanced metering;
(III) automation;
(IV) equipment;
(V) control systems;
(VI) high-temperature, low-sag electric transmission and
subtransmission cable; and
(VII) other technologies that enable the dynamic
optimization of--
(aa) electric grid operations; and
(bb) energy system hardening;
(v) address technical and organizational communications
obstacles that may impair getting energy systems back online
after disasters;
(vi) improve protections against cyberattacks on--
(I) the energy system;
(II) natural gas systems; and
(III) petroleum product refining and distribution systems;
(vii) improve petroleum product emergency response and
contingency plans impacting first responder and other
mission-critical transportation fleets; and
(viii) address and improve critical infrastructure
interdependencies, including with respect to energy sources,
water, telecommunications, transportation, and food system
delivery.
(C) Criteria.--The Secretary shall evaluate an application
for a grant submitted under this subsection--
(i) on the basis of merit; and
(ii) using criteria identified by the Secretary,
including--
(I) whether there exists demonstrated support for the plan
from utilities, electric cooperatives, municipal utilities,
and private-sector partners in the applicable State or
region;
(II) whether transportation systems and delivered fuels are
adequately addressed;
(III) whether the plan would provide for the dissemination
of results obtained in carrying out the plan; and
(IV) the permanence of the infrastructure to be put in
place by the plan.
(3) Regional diversity.--To the maximum extent practicable,
the Secretary shall ensure regional diversity among States
that receive grants under this subsection, including
participation by--
(A) rural States; and
(B) small States.
(4) Best practices.--In carrying out the pilot program
under this subsection, the Secretary shall--
(A) identify and collect information regarding best
practices for strengthening the capability of States to
improve the resilient, secure, and flexible operation of the
energy system; and
(B) develop a means to securely share with States those
best practices, as available.
(5) Report.--Not later than 2 years after the date on which
the pilot program is established under paragraph (1), and
biennially thereafter for the duration of the program, the
Secretary shall submit to Congress a report that identifies
any technical, policy, or regulatory issues requiring
legislative action to improve the resilience of--
(A) the electric grid;
(B) renewable energy systems;
(C) natural gas systems; and
(D) petroleum refining and distribution systems.
(6) Termination.--The authority to carry out the pilot
program under this subsection terminates on the date that is
5 years after the date on which the Secretary establishes the
pilot program under paragraph (1).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out this subsection, subject to the
condition that not more than $20,000,000 may be made
available to carry out this subsection for any 1 fiscal year.
(e) Consultation and Coordination.--In carrying out this
section and the amendments made by this section, the
Secretary shall--
(1) consult with--
(A) State public utility commissions;
(B) State energy offices;
(C) regional transmission organizations;
(D) electric and natural gas utilities;
(E) independent power producers;
(F) distributed energy providers;
(G) energy storage providers;
(H) transportation fuel providers;
(I) telecommunications providers;
(J) public interest organizations;
(K) any Department-sponsored entity involved in a support
or advisory activity under Emergency Support Function 12 of
the National Response Plan; and
(L) other appropriate stakeholders, as determined by the
Secretary; and
(2) to the maximum extent practicable, use--
(A) existing programs at the Department; and
(B) resources available through the National Laboratories.
______