Enhancing State Energy Security Planning and Emergency Preparedness Act of 2019

II Calendar No. 257 116TH CONGRESS 1ST SESSION H. R. 2114 [Report No. 116–137] IN THE SENATE OF THE UNITED STATES SEPTEMBER 10, 2019 Received; 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] 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhancing State En- 4 ergy Security Planning and Emergency Preparedness Act 5 of 2019’’. 6 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2114 RS SEC. 2. STATE ENERGY SECURITY PLANS. 1 (a) IN GENERAL.—Part D of title III of the Energy 2 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 3 amended by adding at the end the following: 4 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 5 ‘‘(a) IN GENERAL.—Federal financial assistance 6 made available to a State under this part may be used 7 for the implementation, review, and revision of a State en- 8 ergy security plan that assesses the State’s existing cir- 9 cumstances and proposes methods to strengthen the abil- 10 ity of the State, in consultation with owners and operators 11 of energy infrastructure in such State, to— 12 ‘‘(1) secure the energy infrastructure of the 13 State against all physical and cybersecurity threats; 14 ‘‘(2) mitigate the risk of energy supply disrup- 15 tions to the State and enhance the response to, and 16 recovery from, energy disruptions; and 17 ‘‘(3) ensure the State has a reliable, secure, and 18 resilient energy infrastructure. 19 ‘‘(b) CONTENTS OF PLAN.—A State energy security 20 plan described in subsection (a) shall— 21 ‘‘(1) address all fuels, including petroleum 22 products, other liquid fuels, coal, electricity, and nat- 23 ural gas, as well as regulated and unregulated en- 24 ergy providers; 25 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2114 RS ‘‘(2) provide a State energy profile, including 1 an assessment of energy production, distribution, 2 and end-use; 3 ‘‘(3) address potential hazards to each energy 4 sector or system, including physical threats and cy- 5 bersecurity threats and vulnerabilities; 6 ‘‘(4) provide a risk assessment of energy infra- 7 structure and cross-sector interdependencies; 8 ‘‘(5) provide a risk mitigation approach to en- 9 hance reliability and end-use resilience; and 10 ‘‘(6) address multi-State, Indian Tribe, and re- 11 gional coordination planning and response, and to 12 the extent practicable, encourage mutual assistance 13 in cyber and physical response plans. 14 ‘‘(c) COORDINATION.—In developing a State energy 15 security plan under this section, the energy office of the 16 State shall, to the extent practicable, coordinate with— 17 ‘‘(1) the public utility or service commission of 18 the State; 19 ‘‘(2) energy providers from the private sector; 20 and 21 ‘‘(3) other entities responsible for maintaining 22 fuel or electric reliability. 23 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 24 to receive Federal financial assistance under this part, for 25 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2114 RS any purpose, for a fiscal year unless the Governor of such 1 State submits to the Secretary, with respect to such fiscal 2 year— 3 ‘‘(1) a State energy security plan described in 4 subsection (a) that meets the requirements of sub- 5 section (b); or 6 ‘‘(2) after an annual review of the State energy 7 security plan by the Governor— 8 ‘‘(A) any necessary revisions to such plan; 9 or 10 ‘‘(B) a certification that no revisions to 11 such plan are necessary. 12 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 13 Governor of a State, the Secretary may provide informa- 14 tion and technical assistance, and other assistance, in the 15 development, implementation, or revision of a State energy 16 security plan. 17 ‘‘(f) SUNSET.—This section shall expire on October 18 31, 2024.’’. 19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 20 365(f) of the Energy Policy and Conservation Act (42 21 U.S.C. 6325(f)) is amended— 22 (1) by striking ‘‘$125,000,000’’ and inserting 23 ‘‘$90,000,000’’; and 24 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2114 RS (2) by striking ‘‘2007 through 2012’’ and in- 1 serting ‘‘2021 through 2025’’. 2 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 3 (1) CONFORMING AMENDMENTS.—Section 363 4 of the Energy Policy and Conservation Act (42 5 U.S.C. 6323) is amended— 6 (A) by redesignating subsection (f) as sub- 7 section (e); and 8 (B) by striking subsection (e). 9 (2) TECHNICAL AMENDMENT.—Section 10 366(3)(B)(i) of the Energy Policy and Conservation 11 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik- 12 ing ‘‘approved under section 367’’. 13 (3) REFERENCE.—The item relating to ‘‘De- 14 partment of Energy—Energy Conservation’’ in title 15 II of the Department of the Interior and Related 16 Agencies Appropriations Act, 1985 (42 U.S.C. 17 6323a) is amended by striking ‘‘sections 361 18 through 366’’ and inserting ‘‘sections 361 through 19 367’’. 20 (4) TABLE OF SECTIONS.—The table of sections 21 for part D of title III of the Energy Policy and Con- 22 servation Act is amended by adding at the end the 23 following: 24 ‘‘Sec. 367. State energy security plans.’’. VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6411 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2114 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Enhancing State Energy 2 Security Planning and Emergency Preparedness Act of 3 2019’’. 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 made 10 available to a State under this part may be used for the 11 implementation, review, and revision of a State energy se- 12 curity plan that assesses the State’s existing circumstances 13 and proposes methods to strengthen the ability of the State, 14 in consultation with owners and operators of energy infra- 15 structure in such State, to— 16 ‘‘(1) secure the energy infrastructure of the State 17 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 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2114 RS ‘‘(1) address all energy sources and regulated 1 and unregulated energy providers; 2 ‘‘(2) provide a State energy profile, including an 3 assessment of energy production, distribution, and 4 end-use; 5 ‘‘(3) address potential hazards to each energy 6 sector or system, including physical threats and cy- 7 bersecurity threats and vulnerabilities; 8 ‘‘(4) provide a risk assessment of energy infra- 9 structure and cross-sector interdependencies; 10 ‘‘(5) provide a risk mitigation approach to en- 11 hance reliability and end-use resilience; and 12 ‘‘(6) address multi-State, Indian Tribe, and re- 13 gional coordination planning and response, and to 14 the extent practicable, encourage mutual assistance in 15 cyber and physical response plans. 16 ‘‘(c) COORDINATION.—In developing a State energy se- 17 curity plan under this section, the energy office of the State 18 shall, to the extent practicable, coordinate with— 19 ‘‘(1) the public utility or service commission of 20 the State; 21 ‘‘(2) energy providers from the private sector; 22 and 23 ‘‘(3) other entities responsible for maintaining 24 fuel or electric reliability. 25 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2114 RS ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 1 to receive Federal financial assistance under this part, for 2 any purpose, for a fiscal year unless the Governor of such 3 State submits to the Secretary, with respect to such fiscal 4 year— 5 ‘‘(1) a State energy security plan described in 6 subsection (a) that meets the requirements of sub- 7 section (b); or 8 ‘‘(2) after an annual review of the State energy 9 security plan by the Governor— 10 ‘‘(A) any necessary revisions to such plan; 11 or 12 ‘‘(B) a certification that no revisions to 13 such plan are necessary. 14 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 15 Governor of a State, the Secretary may provide information 16 and technical assistance, and other assistance, in the devel- 17 opment, implementation, or revision of a State energy secu- 18 rity plan. 19 ‘‘(f) REQUIREMENT.—Each State receiving Federal fi- 20 nancial assistance under this part shall provide reasonable 21 assurance to the Secretary that the State has established 22 policies and procedures designed to assure that the financial 23 assistance will be used— 24 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2114 RS ‘‘(1) to supplement, and not to supplant, State 1 and local funds; and 2 ‘‘(2) to the maximum extent practicable, to in- 3 crease the amount of State and local funds that other- 4 wise would be available, in the absence of the finan- 5 cial assistance, for the implementation of the State 6 energy security plan under this section. 7 ‘‘(g) PROTECTION OF INFORMATION.—Information 8 provided to, or collected by, the Federal Government under 9 this section— 10 ‘‘(1) shall be exempt from disclosure under sec- 11 tion 552(b)(3) of title 5, United States Code; and 12 ‘‘(2) shall not be made available by any Federal 13 agency, State, political subdivision of a State, or 14 Tribal authority pursuant to any Federal, State, or 15 Tribal law, as applicable, requiring public disclosure 16 of information or records. 17 ‘‘(h) SUNSET.—This section shall expire on October 31, 18 2024.’’. 19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 20 365(f) of the Energy Policy and Conservation Act (42 21 U.S.C. 6325(f)) is amended— 22 (1) by striking ‘‘$125,000,000’’ and inserting 23 ‘‘$90,000,000’’; and 24 VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2114 RS (2) by striking ‘‘2007 through 2012’’ and insert- 1 ing ‘‘2021 through 2025’’. 2 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 3 (1) CONFORMING AMENDMENTS.—Section 363 of 4 the Energy Policy and Conservation Act (42 U.S.C. 5 6323) is amended— 6 (A) by striking subsection (e); and 7 (B) by redesignating subsection (f) as sub- 8 section (e). 9 (2) TECHNICAL AMENDMENT.—Section 10 366(3)(B)(i) of the Energy Policy and Conservation 11 Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking 12 ‘‘approved under section 367’’. 13 (3) REFERENCE.—The matter under the heading 14 ‘‘ENERGY CONSERVATION’’ under the heading ‘‘DE- 15 PARTMENT OF ENERGY’’ in title II of the Depart- 16 ment of the Interior and Related Agencies Appropria- 17 tions Act, 1985 (42 U.S.C. 6323a) is amended by 18 striking ‘‘sections 361 through 366’’ and inserting 19 ‘‘sections 361 through 367’’. 20 (4) TABLE OF CONTENTS.—The table of contents 21 for part D of title III of the Energy Policy and Con- 22 servation Act (Public Law 94–163; 89 Stat. 872; 92 23 Stat. 3272; 104 Stat. 1006) is amended by adding at 24 the end the following: 25 ‘‘Sec. 367. State energy security plans.’’. VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6213 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 257 116TH CONGRESS 1ST SESSION H. R. 2114 [Report No. 116–137] AN ACT To amend the Energy Policy and Conservation Act to provide Federal financial assistance to States to implement, review, and revise State energy se- curity plans, and for other purposes. OCTOBER 22, 2019 Reported with an amendment VerDate Sep 11 2014 23:08 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H2114.RS H2114 pamtmann on DSKBC07HB2PROD with BILLS