II 

Calendar No. 256 

116TH CONGRESS 

1ST SESSION S. 2094 

[Report No. 116–136] 

To amend the Energy Policy and Conservation Act to provide Federal financial assistance to States to implement State energy security plans, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2019 

Mr. GARDNER (for himself and Mr. BENNET) introduced the following bill; 

which was 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] 

A BILL 

To amend the Energy Policy and Conservation Act to provide 

Federal financial assistance to States to implement 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— 

9 (1) by redesignating section 366 (42 U.S.C. 

10 6326) as section 367; and 

11 (2) by inserting after section 365 (42 U.S.C. 

12 6325) the following: 

13 ‘‘SEC. 366. STATE ENERGY SECURITY PLANS. 

14 ‘‘(a) IN GENERAL.—The Secretary may provide fi15 nancial assistance to a State for— 

16 ‘‘(1) the development and implementation of a 

17 State energy security plan; or 

18 ‘‘(2) the review, revision, and implementation of 

19 an existing State energy security plan. 

20 ‘‘(b) PURPOSE.—A State energy security plan devel21 oped or revised under subsection (a) shall— 

22 ‘‘(1) assess the existing circumstances of the 

23 State; and 

24 ‘‘(2) propose methods to strengthen the ability 

25 of the State and of owners and operators of energy 

26 infrastructure in the State— 


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1 ‘‘(A) to secure the energy infrastructure of 

2 the State against all physical and cybersecurity 

3 threats; 

4 ‘‘(B) to mitigate the risk of energy supply 

5 disruptions to the State and enhance the re6 sponse to, and recovery from, energy supply dis7 ruptions; and 

8 ‘‘(C) to ensure that the State has a reli9 able, secure, and resilient energy infrastructure. 

10 ‘‘(c) CONTENTS OF PLAN.—A State energy security 

11 plan developed or revised under subsection (a) shall— 

12 ‘‘(1) address all fuels and regulated and un13 regulated energy providers; 

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

15 an assessment of energy production, distribution, 

16 and end use; 

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

18 sector or system, including physical threats and cy19 bersecurity threats and vulnerabilities; 

20 ‘‘(4) provide a risk assessment of energy infra21 structure and crosssector interdependencies; 

22 ‘‘(5) provide a risk mitigation approach to en23 hance reliability and end-use resilience, including for 

24 issues associated with energy emergencies; 


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1 ‘‘(6) address coordination, planning, and re2 sponse, including cyber information sharing mecha3 nisms such as the Multi-State Information and 

4 Analysis Center, across States, Indian Tribes, and 

5 regions; and 

6 ‘‘(7) to the maximum extent practicable, en7 courage mutual assistance regarding the cyber and 

8 physical response plans of States, Indian Tribes, and 

9 regions. 

10 ‘‘(d) COORDINATION.—In developing or revising a 

11 State energy security plan under subsection (a), the State 

12 energy office shall, to the maximum extent practicable, co13 ordinate with and participate in cyber and physical secu14 rity incident exercises with— 

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

16 the State; 

17 ‘‘(2) public and private sector energy and elec18 tric providers; and 

19 ‘‘(3) other entities responsible for maintaining 

20 fuel or electric reliability and securing energy infra21 structure. 

22 ‘‘(e) ELIGIBILITY FOR FINANCIAL ASSISTANCE.— 

23 The Governor of a State desiring financial assistance 

24 under this section for a fiscal year shall submit to the Sec25 retary, with respect to that fiscal year— 


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1 ‘‘(1) a State energy security plan developed in 

2 accordance with the requirements of this section; or 

3 ‘‘(2) after an annual review of the existing 

4 State energy security plan of the State by the Gov5 ernor— 

6 ‘‘(A) a revised State energy security plan 

7 that meets the requirements of this section; or 

8 ‘‘(B) a certification that no revisions to the 

9 State energy security plan are necessary. 

10 ‘‘(f) TECHNICAL ASSISTANCE.—On request of the 

11 Governor of a State, the Secretary may provide to the 

12 State information, technical assistance, and other assist13 ance for the development or revision of, and implementa14 tion of, a State energy security plan under this section. 

15 ‘‘(g) REQUIREMENT.—Each State receiving financial 

16 assistance under this section shall provide reasonable as17 surance to the Secretary that the State has established 

18 policies and procedures designed to assure that the finan19 cial assistance will be used— 

20 ‘‘(1) to supplement, and not to supplant, State 

21 and local funds; and 

22 ‘‘(2) to the maximum extent practicable, to in23 crease the amount of State and local funds that oth24 erwise would be available, in the absence of the fiVerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094

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1 nancial assistance, for the implementation of the 

2 State energy security plan under this section. 

3 ‘‘(h) PROTECTION OF INFORMATION.—Information 

4 provided to, or collected by, the Federal Government 

5 under this section— 

6 ‘‘(1) shall be exempt from disclosure under sec7 tion 552(b)(3) of title 5, United States Code; and 

8 ‘‘(2) shall not be made available by any Federal 

9 agency, State, political subdivision of a State, or 

10 Tribal authority pursuant to any Federal, State, or 

11 Tribal law, as applicable, requiring public disclosure 

12 of information or records. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $90,000,000 for each of fiscal years 2019 through 2022. 

16 ‘‘(j) SUNSET.—This authority to carry out this sec17 tion shall expire on October 31, 2022.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) CONFORMING AMENDMENTS.—Section 363 

20 of the Energy Policy and Conservation Act (42 

21 U.S.C. 6323) is amended— 

22 (A) by striking subsection (e); and 

23 (B) by redesignating subsection (f) as sub24 section (e). 

25 (2) TECHNICAL AMENDMENTS.— 


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1 (A) Section 509(i)(3) of the Housing and 

2 Urban Development Act of 1970 (12 U.S.C. 

3 1701z–8(i)(3)) is amended by striking ‘‘section 

4 366’’ and inserting ‘‘section 367’’. 

5 (B) The matter under the heading ‘‘EN6 ERGY CONSERVATION’’ under the heading ‘‘DE7 PARTMENT OF ENERGY’’ in title II of the 

8 Department of the Interior and Related Agen9 cies Appropriations Act, 1985 (42 U.S.C. 

10 6323a) is amended by striking ‘‘sections 361 

11 through 366’’ and inserting ‘‘sections 361 

12 through 367’’. 

13 (C) Section 367(3)(B)(i) of the Energy 

14 Policy and Conservation Act (42 U.S.C. 

15 6326(3)(B)(i)) (as redesignated by subsection 

16 (a)(1)) is amended by striking ‘‘approved under 

17 section 367’’. 

18 (D) Section 451(i)(3) of the Energy Con19 servation and Production Act (42 U.S.C. 

20 6881(i)(3)) is amended by striking ‘‘section 

21 366’’ and all that follows through the period at 

22 the end and inserting ‘‘section 367 of the En23 ergy Policy and Conservation Act.’’. 

24 (3) TABLE OF CONTENTS.—The table of con25 tents for part D of title III of the Energy Policy and 


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1 Conservation Act (Public Law 94–163; 89 Stat. 872; 

2 92 Stat. 3272; 104 Stat. 1006) is amended by strik3 ing the item relating to section 366 and inserting 

4 the following: 

‘‘Sec. 366. State energy security plans. 

‘‘Sec. 367. Definitions.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Enhancing State Energy 

7 Security Planning and Emergency Preparedness Act of 

8 2019’’. 

9 SEC. 2. STATE ENERGY SECURITY PLANS. 

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

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

12 amended by adding at the end the following: 

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

14 ‘‘(a) IN GENERAL.—Federal financial assistance made 

15 available to a State under this part may be used for the 

16 implementation, review, and revision of a State energy se17 curity plan that assesses the State’s existing circumstances 

18 and proposes methods to strengthen the ability of the State, 

19 in consultation with owners and operators of energy infra20 structure in such State, to— 

21 ‘‘(1) secure the energy infrastructure of the State 

22 against all physical and cybersecurity threats; 


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1 ‘‘(2) mitigate the risk of energy supply disrup2 tions to the State and enhance the response to, and 

3 recovery from, energy disruptions; and 

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

5 resilient energy infrastructure. 

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

7 plan described in subsection (a) shall— 

8 ‘‘(1) address all energy sources and regulated 

9 and unregulated energy providers; 

10 ‘‘(2) provide a State energy profile, including an 

11 assessment of energy production, distribution, and 

12 end-use; 

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

14 sector or system, including physical threats and cy15 bersecurity threats and vulnerabilities; 

16 ‘‘(4) provide a risk assessment of energy infra17 structure and cross-sector interdependencies; 

18 ‘‘(5) provide a risk mitigation approach to en19 hance reliability and end-use resilience; and 

20 ‘‘(6) address multi-State, Indian Tribe, and re21 gional coordination planning and response, and to 

22 the extent practicable, encourage mutual assistance in 

23 cyber and physical response plans. 


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1 ‘‘(c) COORDINATION.—In developing a State energy se2 curity plan under this section, the energy office of the State 

3 shall, to the extent practicable, coordinate with— 

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

5 the State; 

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

7 and 

8 ‘‘(3) other entities responsible for maintaining 

9 fuel or electric reliability. 

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

11 to receive Federal financial assistance under this part, for 

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

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

14 year— 

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

16 subsection (a) that meets the requirements of sub17 section (b); or 

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

19 security plan by the Governor— 

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

21 or 

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

23 such plan are necessary. 

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

25 Governor of a State, the Secretary may provide information 


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1 and technical assistance, and other assistance, in the devel2 opment, implementation, or revision of a State energy secu3 rity plan. 

4 ‘‘(f) REQUIREMENT.—Each State receiving Federal fi5 nancial assistance under this part shall provide reasonable 

6 assurance to the Secretary that the State has established 

7 policies and procedures designed to assure that the financial 

8 assistance will be used— 

9 ‘‘(1) to supplement, and not to supplant, State 

10 and local funds; and 

11 ‘‘(2) to the maximum extent practicable, to in12 crease the amount of State and local funds that other13 wise would be available, in the absence of the finan14 cial assistance, for the implementation of the State 

15 energy security plan under this section. 

16 ‘‘(g) PROTECTION OF INFORMATION.—Information 

17 provided to, or collected by, the Federal Government under 

18 this section— 

19 ‘‘(1) shall be exempt from disclosure under sec20 tion 552(b)(3) of title 5, United States Code; and 

21 ‘‘(2) shall not be made available by any Federal 

22 agency, State, political subdivision of a State, or 

23 Tribal authority pursuant to any Federal, State, or 

24 Tribal law, as applicable, requiring public disclosure 

25 of information or records. 


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1 ‘‘(h) SUNSET.—This section shall expire on October 31, 

2 2024.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 365(f) of the Energy Policy and Conservation Act (42 

5 U.S.C. 6325(f)) is amended— 

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

7 ‘‘$90,000,000’’; and 

8 (2) by striking ‘‘2007 through 2012’’ and insert9 ing ‘‘2021 through 2025’’. 

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) CONFORMING AMENDMENTS.—Section 363 of 

12 the Energy Policy and Conservation Act (42 U.S.C. 

13 6323) is amended— 

14 (A) by striking subsection (e); and 

15 (B) by redesignating subsection (f) as sub16 section (e). 

17 (2) TECHNICAL AMENDMENT.—Section 

18 366(3)(B)(i) of the Energy Policy and Conservation 

19 Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking 

20 ‘‘approved under section 367’’. 

21 (3) REFERENCE.—The matter under the heading 

22 ‘‘ENERGY CONSERVATION’’ under the heading ‘‘DE23 PARTMENT OF ENERGY’’ in title II of the Depart24 ment of the Interior and Related Agencies Appropria25 tions Act, 1985 (42 U.S.C. 6323a) is amended by 


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1 striking ‘‘sections 361 through 366’’ and inserting 

2 ‘‘sections 361 through 367’’. 

3 (4) TABLE OF CONTENTS.—The table of contents 

4 for part D of title III of the Energy Policy and Con5 servation Act (Public Law 94–163; 89 Stat. 872; 92 

6 Stat. 3272; 104 Stat. 1006) is amended by adding at 

7 the end the following: 

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


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Calendar No. 256 

116TH CONGRESS 

1ST SESSION S. 2094 

[Report No. 116–136] 

A BILL 

To amend the Energy Policy and Conservation Act 

other purposes. to implement State energy security plans, and for to provide Federal financial assistance to States 

OCTOBER 22, 2019 

Reported with an amendment 


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