[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