I 

116TH CONGRESS 

1ST SESSION H. R. 2114 

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 

APRIL 8, 2019 

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 2019’’. 


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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 developing a State energy 

16 security plan under this section, the energy office of the 

17 State shall, to the extent practicable, coordinate with— 

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

19 the State; 

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

21 and 

22 ‘‘(3) other entities responsible for maintaining 

23 fuel or electric reliability. 

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

25 to receive Federal financial assistance under this part, for 


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

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

3 year— 

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

5 subsection (a) that meets the requirements of sub6 section (b); or 

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

8 security plan by the Governor— 

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

10 or 

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

12 such plan are necessary. 

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

14 Governor of a State, the Secretary may provide informa15 tion and technical assistance, and other assistance, in the 

16 development, implementation, or revision of a State energy 

17 security plan. 

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

19 31, 2024.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 365(f) of the Energy Policy and Conservation Act (42 

22 U.S.C. 6325(f)) is amended— 

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

24 ‘‘$90,000,000’’; and 


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1 (2) by striking ‘‘2007 through 2012’’ and in2 serting ‘‘2021 through 2025’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) CONFORMING AMENDMENTS.—Section 363 

5 of the Energy Policy and Conservation Act (42 

6 U.S.C. 6323) is amended— 

7 (A) by redesignating subsection (f) as sub8 section (e); and 

9 (B) by striking subsection (e). 

10 (2) TECHNICAL AMENDMENT.—Section 

11 366(3)(B)(i) of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik13 ing ‘‘approved under section 367’’. 

14 (3) REFERENCE.—The item relating to ‘‘De15 partment of Energy—Energy Conservation’’ in title 

16 II of the Department of the Interior and Related 

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

18 6323a) is amended by striking ‘‘sections 361 

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

20 367’’. 

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

22 for part D of title III of the Energy Policy and Con23 servation Act is amended by adding at the end the 

24 following: 

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

Æ 


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