IIB 

116TH CONGRESS 

1ST SESSION H. R. 2114 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2019 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhancing State En3 ergy Security Planning and Emergency Preparedness Act 

4 of 2019’’. 

5 SEC. 2. STATE ENERGY SECURITY PLANS. 

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

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

8 amended by adding at the end the following: 

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

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

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

12 for the implementation, review, and revision of a State en13 ergy security plan that assesses the State’s existing cir14 cumstances and proposes methods to strengthen the abil15 ity of the State, in consultation with owners and operators 

16 of energy infrastructure in such State, to— 

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

18 State against all physical and cybersecurity threats; 

19 ‘‘(2) mitigate the risk of energy supply disrup20 tions to the State and enhance the response to, and 

21 recovery from, energy disruptions; and 

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

23 resilient energy infrastructure. 

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

25 plan described in subsection (a) shall— 


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

2 products, other liquid fuels, coal, electricity, and nat3 ural gas, as well as regulated and unregulated en4 ergy providers; 

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

6 an assessment of energy production, distribution, 

7 and end-use; 

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

9 sector or system, including physical threats and cy10 bersecurity threats and vulnerabilities; 

11 ‘‘(4) provide a risk assessment of energy infra12 structure and cross-sector interdependencies; 

13 ‘‘(5) provide a risk mitigation approach to en14 hance reliability and end-use resilience; and 

15 ‘‘(6) address multi-State, Indian Tribe, and re16 gional coordination planning and response, and to 

17 the extent practicable, encourage mutual assistance 

18 in cyber and physical response plans. 

19 ‘‘(c) COORDINATION.—In developing a State energy 

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

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

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

23 the State; 

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

25 and 


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1 ‘‘(3) other entities responsible for maintaining 

2 fuel or electric reliability. 

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

4 to receive Federal financial assistance under this part, for 

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

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

7 year— 

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

9 subsection (a) that meets the requirements of sub10 section (b); or 

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

12 security plan by the Governor— 

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

14 or 

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

16 such plan are necessary. 

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

18 Governor of a State, the Secretary may provide informa19 tion and technical assistance, and other assistance, in the 

20 development, implementation, or revision of a State energy 

21 security plan. 

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

23 31, 2024.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 365(f) of the Energy Policy and Conservation Act (42 

3 U.S.C. 6325(f)) is amended— 

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

5 ‘‘$90,000,000’’; and 

6 (2) by striking ‘‘2007 through 2012’’ and in7 serting ‘‘2021 through 2025’’. 

8 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) CONFORMING AMENDMENTS.—Section 363 

10 of the Energy Policy and Conservation Act (42 

11 U.S.C. 6323) is amended— 

12 (A) by redesignating subsection (f) as sub13 section (e); and 

14 (B) by striking subsection (e). 

15 (2) TECHNICAL AMENDMENT.—Section 

16 366(3)(B)(i) of the Energy Policy and Conservation 

17 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik18 ing ‘‘approved under section 367’’. 

19 (3) REFERENCE.—The item relating to ‘‘De20 partment of Energy—Energy Conservation’’ in title 

21 II of the Department of the Interior and Related 

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

23 6323a) is amended by striking ‘‘sections 361 

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

25 367’’. 


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

2 for part D of title III of the Energy Policy and Con3 servation Act is amended by adding at the end the 

4 following: 

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

Passed the House of Representatives September 9, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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