I 

117TH CONGRESS 

1ST SESSION H. R. 1374 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

Mr. RUSH (for himself and Mr. UPTON) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing State En5 ergy Security Planning and Emergency Preparedness Act 

6 of 2021’’. 


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1 SEC. 2. STATE ENERGY SECURITY PLANS. 

2 (a) IN GENERAL.—Part D of title III of the Energy 

3 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 

6 ‘‘(a) IN GENERAL.—Federal financial assistance 

7 made available to a State under this part may be used 

8 for the implementation, review, and revision of a State en9 ergy security plan that assesses the State’s existing cir10 cumstances and proposes methods to strengthen the abil11 ity of the State, in consultation with owners and operators 

12 of energy infrastructure in such State, to— 

13 ‘‘(1) secure the energy infrastructure of the 

14 State against all physical and cybersecurity threats; 

15 ‘‘(2) mitigate the risk of energy supply disrup16 tions to the State and enhance the response to, and 

17 recovery from, energy disruptions; and 

18 ‘‘(3) ensure the State has a reliable, secure, and 

19 resilient energy infrastructure. 

20 ‘‘(b) CONTENTS OF PLAN.—A State energy security 

21 plan described in subsection (a) shall— 

22 ‘‘(1) address all fuels, including petroleum 

23 products, other liquid fuels, coal, electricity, and nat24 ural gas, as well as regulated and unregulated en25 ergy providers; 


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1 ‘‘(2) provide a State energy profile, including 

2 an assessment of energy production, distribution, 

3 and end-use; 

4 ‘‘(3) address potential hazards to each energy 

5 sector or system, including physical threats and cy6 bersecurity threats and vulnerabilities; 

7 ‘‘(4) provide a risk assessment of energy infra8 structure and cross-sector interdependencies; 

9 ‘‘(5) provide a risk mitigation approach to en10 hance reliability and end-use resilience; and 

11 ‘‘(6) address multi-State, Indian Tribe, and re12 gional coordination planning and response, and to 

13 the extent practicable, encourage mutual assistance 

14 in cyber and physical response plans. 

15 ‘‘(c) COORDINATION.—In implementing a State en16 ergy security plan under this section, the energy office of 

17 the State shall, to the extent practicable, coordinate 

18 with— 

19 ‘‘(1) the public utility or service commission of 

20 the State; 

21 ‘‘(2) energy providers from the private sector; 

22 and 

23 ‘‘(3) other entities responsible for maintaining 

24 fuel or electric reliability. 


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1 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 

2 to receive Federal financial assistance under this part, for 

3 any purpose, for a fiscal year unless the Governor of such 

4 State submits to the Secretary, with respect to such fiscal 

5 year— 

6 ‘‘(1) a State energy security plan described in 

7 subsection (a) that meets the requirements of sub8 section (b); or 

9 ‘‘(2) after an annual review of the State energy 

10 security plan by the Governor— 

11 ‘‘(A) any necessary revisions to such plan; 

12 or 

13 ‘‘(B) a certification that no revisions to 

14 such plan are necessary. 

15 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

16 Governor of a State, the Secretary may provide informa17 tion and technical assistance, and other assistance, in the 

18 development, implementation, or revision of a State energy 

19 security plan. 

20 ‘‘(f) SUNSET.—This section shall expire on October 

21 31, 2026.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 365(f) of the Energy Policy and Conservation Act (42 

24 U.S.C. 6325(f)) is amended— 


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1 (1) by striking ‘‘$125,000,000’’ and inserting 

2 ‘‘$90,000,000’’; and 

3 (2) by striking ‘‘2007 through 2012’’ and in4 serting ‘‘2022 through 2026’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) CONFORMING AMENDMENTS.—Section 363 

7 of the Energy Policy and Conservation Act (42 

8 U.S.C. 6323) is amended— 

9 (A) by redesignating subsection (f) as sub10 section (e); and 

11 (B) by striking subsection (e). 

12 (2) TECHNICAL AMENDMENT.—Section 

13 366(3)(B)(i) of the Energy Policy and Conservation 

14 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik15 ing ‘‘approved under section 367’’. 

16 (3) REFERENCE.—The item relating to ‘‘De17 partment of Energy—Energy Conservation’’ in title 

18 II of the Department of the Interior and Related 

19 Agencies Appropriations Act, 1985 (42 U.S.C. 

20 6323a) is amended by striking ‘‘sections 361 

21 through 366’’ and inserting ‘‘sections 361 through 

22 367’’. 

23 (4) TABLE OF SECTIONS.—The table of sections 

24 for part D of title III of the Energy Policy and ConVerDate Sep 11 2014 20:52 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.IH H1374

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1 servation Act is amended by adding at the end the 

2 following: 

‘‘Sec. 367. State energy security plans.’’. 

Æ 


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