II 

116TH CONGRESS 

1ST SESSION S. 2094 

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 

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, 

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— 

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

6 6326) as section 367; and 

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

8 6325) the following: 

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

10 ‘‘(a) IN GENERAL.—The Secretary may provide fi11 nancial assistance to a State for— 

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

13 State energy security plan; or 

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

15 an existing State energy security plan. 

16 ‘‘(b) PURPOSE.—A State energy security plan devel17 oped or revised under subsection (a) shall— 

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

19 State; and 

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

21 of the State and of owners and operators of energy 

22 infrastructure in the State— 

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

24 the State against all physical and cybersecurity 

25 threats; 


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

2 disruptions to the State and enhance the re3 sponse to, and recovery from, energy supply dis4 ruptions; and 

5 ‘‘(C) to ensure that the State has a reli6 able, secure, and resilient energy infrastructure. 

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

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

9 ‘‘(1) address all fuels and regulated and un10 regulated energy providers; 

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

12 an assessment of energy production, distribution, 

13 and end use; 

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

15 sector or system, including physical threats and cy16 bersecurity threats and vulnerabilities; 

17 ‘‘(4) provide a risk assessment of energy infra18 structure and crosssector interdependencies; 

19 ‘‘(5) provide a risk mitigation approach to en20 hance reliability and end-use resilience, including for 

21 issues associated with energy emergencies; 

22 ‘‘(6) address coordination, planning, and re23 sponse, including cyber information sharing mecha24 nisms such as the Multi-State Information and 


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1 Analysis Center, across States, Indian Tribes, and 

2 regions; and 

3 ‘‘(7) to the maximum extent practicable, en4 courage mutual assistance regarding the cyber and 

5 physical response plans of States, Indian Tribes, and 

6 regions. 

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

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

9 energy office shall, to the maximum extent practicable, co10 ordinate with and participate in cyber and physical secu11 rity incident exercises with— 

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

13 the State; 

14 ‘‘(2) public and private sector energy and elec15 tric providers; and 

16 ‘‘(3) other entities responsible for maintaining 

17 fuel or electric reliability and securing energy infra18 structure. 

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

20 The Governor of a State desiring financial assistance 

21 under this section for a fiscal year shall submit to the Sec22 retary, with respect to that fiscal year— 

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

24 accordance with the requirements of this section; or 


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

2 State energy security plan of the State by the Gov3 ernor— 

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

5 that meets the requirements of this section; or 

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

7 State energy security plan are necessary. 

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

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

10 State information, technical assistance, and other assist11 ance for the development or revision of, and implementa12 tion of, a State energy security plan under this section. 

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

14 assistance under this section shall provide reasonable as15 surance to the Secretary that the State has established 

16 policies and procedures designed to assure that the finan17 cial assistance will be used— 

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

19 and local funds; and 

20 ‘‘(2) to the maximum extent practicable, to in21 crease the amount of State and local funds that oth22 erwise would be available, in the absence of the fi23 nancial assistance, for the implementation of the 

24 State energy security plan under this section. 


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

2 provided to, or collected by, the Federal Government 

3 under this section— 

4 ‘‘(1) shall be exempt from disclosure under sec5 tion 552(b)(3) of title 5, United States Code; and 

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

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

8 Tribal authority pursuant to any Federal, State, or 

9 Tribal law, as applicable, requiring public disclosure 

10 of information or records. 

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

12 authorized to be appropriated to carry out this section 

13 $90,000,000 for each of fiscal years 2019 through 2022. 

14 ‘‘(j) SUNSET.—This authority to carry out this sec15 tion shall expire on October 31, 2022.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) CONFORMING AMENDMENTS.—Section 363 

18 of the Energy Policy and Conservation Act (42 

19 U.S.C. 6323) is amended— 

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

21 (B) by redesignating subsection (f) as sub22 section (e). 

23 (2) TECHNICAL AMENDMENTS.— 

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

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


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1 1701z–8(i)(3)) is amended by striking ‘‘section 

2 366’’ and inserting ‘‘section 367’’. 

3 (B) The matter under the heading ‘‘EN4 ERGY CONSERVATION’’ under the heading ‘‘DE5 PARTMENT OF ENERGY’’ in title II of the 

6 Department of the Interior and Related Agen7 cies Appropriations Act, 1985 (42 U.S.C. 

8 6323a) is amended by striking ‘‘sections 361 

9 through 366’’ and inserting ‘‘sections 361 

10 through 367’’. 

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

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

13 6326(3)(B)(i)) (as redesignated by subsection 

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

15 section 367’’. 

16 (D) Section 451(i)(3) of the Energy Con17 servation and Production Act (42 U.S.C. 

18 6881(i)(3)) is amended by striking ‘‘section 

19 366’’ and all that follows through the period at 

20 the end and inserting ‘‘section 367 of the En21 ergy Policy and Conservation Act.’’. 

22 (3) TABLE OF CONTENTS.—The table of con23 tents for part D of title III of the Energy Policy and 

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

25 92 Stat. 3272; 104 Stat. 1006) is amended by strikVerDate Sep 11 2014 03:12 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2094.IS S2094

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1 ing the item relating to section 366 and inserting 

2 the following: 

‘‘Sec. 366. State energy security plans. 

‘‘Sec. 367. Definitions.’’. 

Æ 


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