IIB 117TH CONGRESS 1ST SESSION H. R. 1374 IN THE SENATE OF THE UNITED STATES JUNE 23, 2021 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, re- view, and revise State energy security plans, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1374 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Enhancing State En- 2 ergy Security Planning and Emergency Preparedness Act 3 of 2021’’. 4 SEC. 2. STATE ENERGY SECURITY PLANS. 5 (a) IN GENERAL.—Part D of title III of the Energy 6 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 7 amended by adding at the end the following: 8 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 9 ‘‘(a) IN GENERAL.—Federal financial assistance 10 made available to a State under this part may be used 11 for the implementation, review, and revision of a State en- 12 ergy security plan that assesses the State’s existing cir- 13 cumstances and proposes methods to strengthen the abil- 14 ity of the State, in consultation with owners and operators 15 of energy infrastructure in such State, to— 16 ‘‘(1) secure the energy infrastructure of the 17 State against all physical and cybersecurity threats; 18 ‘‘(2) mitigate the risk of energy supply disrup- 19 tions to the State and enhance the response to, and 20 recovery from, energy disruptions; and 21 ‘‘(3) ensure the State has a reliable, secure, and 22 resilient energy infrastructure. 23 ‘‘(b) CONTENTS OF PLAN.—A State energy security 24 plan described in subsection (a) shall— 25 VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1374 RFS ‘‘(1) address all fuels, including petroleum 1 products, other liquid fuels, coal, electricity, and nat- 2 ural gas, as well as regulated and unregulated en- 3 ergy providers; 4 ‘‘(2) provide a State energy profile, including 5 an assessment of energy production, distribution, 6 and end-use; 7 ‘‘(3) address potential hazards to each energy 8 sector or system, including physical threats and cy- 9 bersecurity threats and vulnerabilities; 10 ‘‘(4) provide a risk assessment of energy infra- 11 structure and cross-sector interdependencies; 12 ‘‘(5) provide a risk mitigation approach to en- 13 hance reliability and end-use resilience; and 14 ‘‘(6) address multi-State, Indian Tribe, and re- 15 gional coordination planning and response, and to 16 the extent practicable, encourage mutual assistance 17 in cyber and physical response plans. 18 ‘‘(c) COORDINATION.—In implementing a State en- 19 ergy security plan under this section, the energy office of 20 the State shall, to the extent practicable, coordinate 21 with— 22 ‘‘(1) the public utility or service commission of 23 the State; 24 VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS 4 HR 1374 RFS ‘‘(2) energy providers from the private sector; 1 and 2 ‘‘(3) other entities responsible for maintaining 3 fuel or electric reliability. 4 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 5 to receive Federal financial assistance under this part, for 6 any purpose, for a fiscal year unless the Governor of such 7 State submits to the Secretary, with respect to such fiscal 8 year— 9 ‘‘(1) a State energy security plan described in 10 subsection (a) that meets the requirements of sub- 11 section (b); or 12 ‘‘(2) after an annual review of the State energy 13 security plan by the Governor— 14 ‘‘(A) any necessary revisions to such plan; 15 or 16 ‘‘(B) a certification that no revisions to 17 such plan are necessary. 18 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 19 Governor of a State, the Secretary may provide informa- 20 tion and technical assistance, and other assistance, in the 21 development, implementation, or revision of a State energy 22 security plan. 23 ‘‘(f) SUNSET.—This section shall expire on October 24 31, 2026.’’. 25 VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS 5 HR 1374 RFS (b) AUTHORIZATION OF APPROPRIATIONS.—Section 1 365(f) of the Energy Policy and Conservation Act (42 2 U.S.C. 6325(f)) is amended— 3 (1) by striking ‘‘$125,000,000’’ and inserting 4 ‘‘$90,000,000’’; and 5 (2) by striking ‘‘2007 through 2012’’ and in- 6 serting ‘‘2022 through 2026’’. 7 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 8 (1) CONFORMING AMENDMENTS.—Section 363 9 of the Energy Policy and Conservation Act (42 10 U.S.C. 6323) is amended— 11 (A) by redesignating subsection (f) as sub- 12 section (e); and 13 (B) by striking subsection (e). 14 (2) TECHNICAL AMENDMENT.—Section 15 366(3)(B)(i) of the Energy Policy and Conservation 16 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik- 17 ing ‘‘approved under section 367’’. 18 (3) REFERENCE.—The item relating to ‘‘De- 19 partment of Energy—Energy Conservation’’ in title 20 II of the Department of the Interior and Related 21 Agencies Appropriations Act, 1985 (42 U.S.C. 22 6323a) is amended by striking ‘‘sections 361 23 through 366’’ and inserting ‘‘sections 361 through 24 367’’. 25 VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS 6 HR 1374 RFS (4) TABLE OF SECTIONS.—The table of sections 1 for part D of title III of the Energy Policy and Con- 2 servation Act is amended by adding at the end the 3 following: 4 ‘‘Sec. 367. State energy security plans.’’. Passed the House of Representatives June 22, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 00:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1374.RFS H1374 kjohnson on DSK79L0C42PROD with BILLS