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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Enhancing State Energy 
Security Planning and Emergency Preparedness Act of 2019''.</DELETED>

<DELETED>SEC. 2. STATE ENERGY SECURITY PLANS.</DELETED>

<DELETED>    (a) In General.--Part D of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6321 et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating section 366 (42 U.S.C. 6326) 
        as section 367; and</DELETED>
        <DELETED>    (2) by inserting after section 365 (42 U.S.C. 
        6325) the following:</DELETED>

<DELETED>``SEC. 366. STATE ENERGY SECURITY PLANS.</DELETED>

<DELETED>    ``(a) In General.--The Secretary may provide financial 
assistance to a State for--</DELETED>
        <DELETED>    ``(1) the development and implementation of a 
        State energy security plan; or</DELETED>
        <DELETED>    ``(2) the review, revision, and implementation of 
        an existing State energy security plan.</DELETED>
<DELETED>    ``(b) Purpose.--A State energy security plan developed or 
revised under subsection (a) shall--</DELETED>
        <DELETED>    ``(1) assess the existing circumstances of the 
        State; and</DELETED>
        <DELETED>    ``(2) propose methods to strengthen the ability of 
        the State and of owners and operators of energy infrastructure 
        in the State--</DELETED>
                <DELETED>    ``(A) to secure the energy infrastructure 
                of the State against all physical and cybersecurity 
                threats;</DELETED>
                <DELETED>    ``(B) to mitigate the risk of energy 
                supply disruptions to the State and enhance the 
                response to, and recovery from, energy supply 
                disruptions; and</DELETED>
                <DELETED>    ``(C) to ensure that the State has a 
                reliable, secure, and resilient energy 
                infrastructure.</DELETED>
<DELETED>    ``(c) Contents of Plan.--A State energy security plan 
developed or revised under subsection (a) shall--</DELETED>
        <DELETED>    ``(1) address all fuels and regulated and 
        unregulated energy providers;</DELETED>
        <DELETED>    ``(2) provide a State energy profile, including an 
        assessment of energy production, distribution, and end 
        use;</DELETED>
        <DELETED>    ``(3) address potential hazards to each energy 
        sector or system, including physical threats and cybersecurity 
        threats and vulnerabilities;</DELETED>
        <DELETED>    ``(4) provide a risk assessment of energy 
        infrastructure and crosssector interdependencies;</DELETED>
        <DELETED>    ``(5) provide a risk mitigation approach to 
        enhance reliability and end-use resilience, including for 
        issues associated with energy emergencies;</DELETED>
        <DELETED>    ``(6) address coordination, planning, and 
        response, including cyber information sharing mechanisms such 
        as the Multi-State Information and Analysis Center, across 
        States, Indian Tribes, and regions; and</DELETED>
        <DELETED>    ``(7) to the maximum extent practicable, encourage 
        mutual assistance regarding the cyber and physical response 
        plans of States, Indian Tribes, and regions.</DELETED>
<DELETED>    ``(d) Coordination.--In developing or revising a State 
energy security plan under subsection (a), the State energy office 
shall, to the maximum extent practicable, coordinate with and 
participate in cyber and physical security incident exercises with--
</DELETED>
        <DELETED>    ``(1) the public utility or service commission of 
        the State;</DELETED>
        <DELETED>    ``(2) public and private sector energy and 
        electric providers; and</DELETED>
        <DELETED>    ``(3) other entities responsible for maintaining 
        fuel or electric reliability and securing energy 
        infrastructure.</DELETED>
<DELETED>    ``(e) Eligibility for Financial Assistance.--The Governor 
of a State desiring financial assistance under this section for a 
fiscal year shall submit to the Secretary, with respect to that fiscal 
year--</DELETED>
        <DELETED>    ``(1) a State energy security plan developed in 
        accordance with the requirements of this section; or</DELETED>
        <DELETED>    ``(2) after an annual review of the existing State 
        energy security plan of the State by the Governor--</DELETED>
                <DELETED>    ``(A) a revised State energy security plan 
                that meets the requirements of this section; 
                or</DELETED>
                <DELETED>    ``(B) a certification that no revisions to 
                the State energy security plan are necessary.</DELETED>
<DELETED>    ``(f) Technical Assistance.--On request of the Governor of 
a State, the Secretary may provide to the State information, technical 
assistance, and other assistance for the development or revision of, 
and implementation of, a State energy security plan under this 
section.</DELETED>
<DELETED>    ``(g) Requirement.--Each State receiving financial 
assistance under this section shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
</DELETED>
        <DELETED>    ``(1) to supplement, and not to supplant, State 
        and local funds; and</DELETED>
        <DELETED>    ``(2) to the maximum extent practicable, to 
        increase the amount of State and local funds that otherwise 
        would be available, in the absence of the financial assistance, 
        for the implementation of the State energy security plan under 
        this section.</DELETED>
<DELETED>    ``(h) Protection of Information.--Information provided to, 
or collected by, the Federal Government under this section--</DELETED>
        <DELETED>    ``(1) shall be exempt from disclosure under 
        section 552(b)(3) of title 5, United States Code; and</DELETED>
        <DELETED>    ``(2) shall not be made available by any Federal 
        agency, State, political subdivision of a State, or Tribal 
        authority pursuant to any Federal, State, or Tribal law, as 
        applicable, requiring public disclosure of information or 
        records.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $90,000,000 for 
each of fiscal years 2019 through 2022.</DELETED>
<DELETED>    ``(j) Sunset.--This authority to carry out this section 
shall expire on October 31, 2022.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Conforming amendments.--Section 363 of the 
        Energy Policy and Conservation Act (42 U.S.C. 6323) is 
        amended--</DELETED>
                <DELETED>    (A) by striking subsection (e); 
                and</DELETED>
                <DELETED>    (B) by redesignating subsection (f) as 
                subsection (e).</DELETED>
        <DELETED>    (2) Technical amendments.--</DELETED>
                <DELETED>    (A) Section 509(i)(3) of the Housing and 
                Urban Development Act of 1970 (12 U.S.C. 1701z-8(i)(3)) 
                is amended by striking ``section 366'' and inserting 
                ``section 367''.</DELETED>
                <DELETED>    (B) The matter under the heading ``energy 
                conservation'' under the heading ``DEPARTMENT OF 
                ENERGY'' in title II of the Department of the Interior 
                and Related Agencies Appropriations Act, 1985 (42 
                U.S.C. 6323a) is amended by striking ``sections 361 
                through 366'' and inserting ``sections 361 through 
                367''.</DELETED>
                <DELETED>    (C) Section 367(3)(B)(i) of the Energy 
                Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) 
                (as redesignated by subsection (a)(1)) is amended by 
                striking ``approved under section 367''.</DELETED>
                <DELETED>    (D) Section 451(i)(3) of the Energy 
                Conservation and Production Act (42 U.S.C. 6881(i)(3)) 
                is amended by striking ``section 366'' and all that 
                follows through the period at the end and inserting 
                ``section 367 of the Energy Policy and Conservation 
                Act.''.</DELETED>
        <DELETED>    (3) Table of contents.--The table of contents for 
        part D of title III of the Energy Policy and Conservation Act 
        (Public Law 94-163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 
        1006) is amended by striking the item relating to section 366 
        and inserting the following:</DELETED>

<DELETED>``Sec. 366. State energy security plans.
<DELETED>``Sec. 367. Definitions.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing State Energy Security 
Planning and Emergency Preparedness Act of 2019''.

SEC. 2. STATE ENERGY SECURITY PLANS.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the 
end the following:

``SEC. 367. STATE ENERGY SECURITY PLANS.

    ``(a) In General.--Federal financial assistance made available to a 
State under this part may be used for the implementation, review, and 
revision of a State energy security plan that assesses the State's 
existing circumstances and proposes methods to strengthen the ability 
of the State, in consultation with owners and operators of energy 
infrastructure in such State, to--
            ``(1) secure the energy infrastructure of the State against 
        all physical and cybersecurity threats;
            ``(2) mitigate the risk of energy supply disruptions to the 
        State and enhance the response to, and recovery from, energy 
        disruptions; and
            ``(3) ensure the State has a reliable, secure, and 
        resilient energy infrastructure.
    ``(b) Contents of Plan.--A State energy security plan described in 
subsection (a) shall--
            ``(1) address all energy sources and regulated and 
        unregulated energy providers;
            ``(2) provide a State energy profile, including an 
        assessment of energy production, distribution, and end-use;
            ``(3) address potential hazards to each energy sector or 
        system, including physical threats and cybersecurity threats 
        and vulnerabilities;
            ``(4) provide a risk assessment of energy infrastructure 
        and cross-sector interdependencies;
            ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
            ``(6) address multi-State, Indian Tribe, and regional 
        coordination planning and response, and to the extent 
        practicable, encourage mutual assistance in cyber and physical 
        response plans.
    ``(c) Coordination.--In developing a State energy security plan 
under this section, the energy office of the State shall, to the extent 
practicable, coordinate with--
            ``(1) the public utility or service commission of the 
        State;
            ``(2) energy providers from the private sector; and
            ``(3) other entities responsible for maintaining fuel or 
        electric reliability.
    ``(d) Financial Assistance.--A State is not eligible to receive 
Federal financial assistance under this part, for any purpose, for a 
fiscal year unless the Governor of such State submits to the Secretary, 
with respect to such fiscal year--
            ``(1) a State energy security plan described in subsection 
        (a) that meets the requirements of subsection (b); or
            ``(2) after an annual review of the State energy security 
        plan by the Governor--
                    ``(A) any necessary revisions to such plan; or
                    ``(B) a certification that no revisions to such 
                plan are necessary.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary may provide information and technical assistance, 
and other assistance, in the development, implementation, or revision 
of a State energy security plan.
    ``(f) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
            ``(1) to supplement, and not to supplant, State and local 
        funds; and
            ``(2) to the maximum extent practicable, to increase the 
        amount of State and local funds that otherwise would be 
        available, in the absence of the financial assistance, for the 
        implementation of the State energy security plan under this 
        section.
    ``(g) Protection of Information.--Information provided to, or 
collected by, the Federal Government under this section--
            ``(1) shall be exempt from disclosure under section 
        552(b)(3) of title 5, United States Code; and
            ``(2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, or Tribal law, as applicable, 
        requiring public disclosure of information or records.
    ``(h) Sunset.--This section shall expire on October 31, 2024.''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
            (1) by striking ``$125,000,000'' and inserting 
        ``$90,000,000''; and
            (2) by striking ``2007 through 2012'' and inserting ``2021 
        through 2025''.
    (c) Technical and Conforming Amendments.--
            (1) Conforming amendments.--Section 363 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6323) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (2) Technical amendment.--Section 366(3)(B)(i) of the 
        Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is 
        amended by striking ``approved under section 367''.
            (3) Reference.--The matter under the heading ``energy 
        conservation'' under the heading ``DEPARTMENT OF ENERGY'' in 
        title II of the Department of the Interior and Related Agencies 
        Appropriations Act, 1985 (42 U.S.C. 6323a) is amended by 
        striking ``sections 361 through 366'' and inserting ``sections 
        361 through 367''.
            (4) Table of contents.--The table of contents for part D of 
        title III of the Energy Policy and Conservation Act (Public Law 
        94-163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006) is amended 
        by adding at the end the following:

``Sec. 367. State energy security plans.''.
                                                       Calendar No. 256

116th CONGRESS

  1st Session

                                S. 2094

                          [Report No. 116-136]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 22, 2019

                       Reported with an amendment
```