Enhancing State Energy Security Planning and Emergency Preparedness Act of 2019

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 finan- cial 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 Nat- ural 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2094 RS 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 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— 8 (1) by redesignating section 366 (42 U.S.C. 9 6326) as section 367; and 10 (2) by inserting after section 365 (42 U.S.C. 11 6325) the following: 12 ‘‘SEC. 366. STATE ENERGY SECURITY PLANS. 13 ‘‘(a) IN GENERAL.—The Secretary may provide fi- 14 nancial assistance to a State for— 15 ‘‘(1) the development and implementation of a 16 State energy security plan; or 17 ‘‘(2) the review, revision, and implementation of 18 an existing State energy security plan. 19 ‘‘(b) PURPOSE.—A State energy security plan devel- 20 oped or revised under subsection (a) shall— 21 ‘‘(1) assess the existing circumstances of the 22 State; and 23 ‘‘(2) propose methods to strengthen the ability 24 of the State and of owners and operators of energy 25 infrastructure in the State— 26 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2094 RS ‘‘(A) to secure the energy infrastructure of 1 the State against all physical and cybersecurity 2 threats; 3 ‘‘(B) to mitigate the risk of energy supply 4 disruptions to the State and enhance the re- 5 sponse to, and recovery from, energy supply dis- 6 ruptions; and 7 ‘‘(C) to ensure that the State has a reli- 8 able, secure, and resilient energy infrastructure. 9 ‘‘(c) CONTENTS OF PLAN.—A State energy security 10 plan developed or revised under subsection (a) shall— 11 ‘‘(1) address all fuels and regulated and un- 12 regulated energy providers; 13 ‘‘(2) provide a State energy profile, including 14 an assessment of energy production, distribution, 15 and end use; 16 ‘‘(3) address potential hazards to each energy 17 sector or system, including physical threats and cy- 18 bersecurity threats and vulnerabilities; 19 ‘‘(4) provide a risk assessment of energy infra- 20 structure and crosssector interdependencies; 21 ‘‘(5) provide a risk mitigation approach to en- 22 hance reliability and end-use resilience, including for 23 issues associated with energy emergencies; 24 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2094 RS ‘‘(6) address coordination, planning, and re- 1 sponse, including cyber information sharing mecha- 2 nisms such as the Multi-State Information and 3 Analysis Center, across States, Indian Tribes, and 4 regions; and 5 ‘‘(7) to the maximum extent practicable, en- 6 courage mutual assistance regarding the cyber and 7 physical response plans of States, Indian Tribes, and 8 regions. 9 ‘‘(d) COORDINATION.—In developing or revising a 10 State energy security plan under subsection (a), the State 11 energy office shall, to the maximum extent practicable, co- 12 ordinate with and participate in cyber and physical secu- 13 rity incident exercises with— 14 ‘‘(1) the public utility or service commission of 15 the State; 16 ‘‘(2) public and private sector energy and elec- 17 tric providers; and 18 ‘‘(3) other entities responsible for maintaining 19 fuel or electric reliability and securing energy infra- 20 structure. 21 ‘‘(e) ELIGIBILITY FOR FINANCIAL ASSISTANCE.— 22 The Governor of a State desiring financial assistance 23 under this section for a fiscal year shall submit to the Sec- 24 retary, with respect to that fiscal year— 25 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2094 RS ‘‘(1) a State energy security plan developed in 1 accordance with the requirements of this section; or 2 ‘‘(2) after an annual review of the existing 3 State energy security plan of the State by the Gov- 4 ernor— 5 ‘‘(A) a revised State energy security plan 6 that meets the requirements of this section; or 7 ‘‘(B) a certification that no revisions to the 8 State energy security plan are necessary. 9 ‘‘(f) TECHNICAL ASSISTANCE.—On request of the 10 Governor of a State, the Secretary may provide to the 11 State information, technical assistance, and other assist- 12 ance for the development or revision of, and implementa- 13 tion of, a State energy security plan under this section. 14 ‘‘(g) REQUIREMENT.—Each State receiving financial 15 assistance under this section shall provide reasonable as- 16 surance to the Secretary that the State has established 17 policies and procedures designed to assure that the finan- 18 cial assistance will be used— 19 ‘‘(1) to supplement, and not to supplant, State 20 and local funds; and 21 ‘‘(2) to the maximum extent practicable, to in- 22 crease the amount of State and local funds that oth- 23 erwise would be available, in the absence of the fi- 24 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2094 RS nancial assistance, for the implementation of the 1 State energy security plan under this section. 2 ‘‘(h) PROTECTION OF INFORMATION.—Information 3 provided to, or collected by, the Federal Government 4 under this section— 5 ‘‘(1) shall be exempt from disclosure under sec- 6 tion 552(b)(3) of title 5, United States Code; and 7 ‘‘(2) shall not be made available by any Federal 8 agency, State, political subdivision of a State, or 9 Tribal authority pursuant to any Federal, State, or 10 Tribal law, as applicable, requiring public disclosure 11 of information or records. 12 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 13 authorized to be appropriated to carry out this section 14 $90,000,000 for each of fiscal years 2019 through 2022. 15 ‘‘(j) SUNSET.—This authority to carry out this sec- 16 tion shall expire on October 31, 2022.’’. 17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 18 (1) CONFORMING AMENDMENTS.—Section 363 19 of the Energy Policy and Conservation Act (42 20 U.S.C. 6323) is amended— 21 (A) by striking subsection (e); and 22 (B) by redesignating subsection (f) as sub- 23 section (e). 24 (2) TECHNICAL AMENDMENTS.— 25 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2094 RS (A) Section 509(i)(3) of the Housing and 1 Urban Development Act of 1970 (12 U.S.C. 2 1701z–8(i)(3)) is amended by striking ‘‘section 3 366’’ and inserting ‘‘section 367’’. 4 (B) The matter under the heading ‘‘EN- 5 ERGY CONSERVATION’’ under the heading ‘‘DE- 6 PARTMENT OF ENERGY’’ in title II of the 7 Department of the Interior and Related Agen- 8 cies Appropriations Act, 1985 (42 U.S.C. 9 6323a) is amended by striking ‘‘sections 361 10 through 366’’ and inserting ‘‘sections 361 11 through 367’’. 12 (C) Section 367(3)(B)(i) of the Energy 13 Policy and Conservation Act (42 U.S.C. 14 6326(3)(B)(i)) (as redesignated by subsection 15 (a)(1)) is amended by striking ‘‘approved under 16 section 367’’. 17 (D) Section 451(i)(3) of the Energy Con- 18 servation and Production Act (42 U.S.C. 19 6881(i)(3)) is amended by striking ‘‘section 20 366’’ and all that follows through the period at 21 the end and inserting ‘‘section 367 of the En- 22 ergy Policy and Conservation Act.’’. 23 (3) TABLE OF CONTENTS.—The table of con- 24 tents for part D of title III of the Energy Policy and 25 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2094 RS Conservation Act (Public Law 94–163; 89 Stat. 872; 1 92 Stat. 3272; 104 Stat. 1006) is amended by strik- 2 ing the item relating to section 366 and inserting 3 the following: 4 ‘‘Sec. 366. State energy security plans. ‘‘Sec. 367. Definitions.’’. SECTION 1. SHORT TITLE. 5 This Act may be cited as the ‘‘Enhancing State Energy 6 Security Planning and Emergency Preparedness Act of 7 2019’’. 8 SEC. 2. STATE ENERGY SECURITY PLANS. 9 (a) IN GENERAL.—Part D of title III of the Energy 10 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 11 amended by adding at the end the following: 12 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 13 ‘‘(a) IN GENERAL.—Federal financial assistance made 14 available to a State under this part may be used for the 15 implementation, review, and revision of a State energy se- 16 curity plan that assesses the State’s existing circumstances 17 and proposes methods to strengthen the ability of the State, 18 in consultation with owners and operators of energy infra- 19 structure in such State, to— 20 ‘‘(1) secure the energy infrastructure of the State 21 against all physical and cybersecurity threats; 22 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2094 RS ‘‘(2) mitigate the risk of energy supply disrup- 1 tions to the State and enhance the response to, and 2 recovery from, energy disruptions; and 3 ‘‘(3) ensure the State has a reliable, secure, and 4 resilient energy infrastructure. 5 ‘‘(b) CONTENTS OF PLAN.—A State energy security 6 plan described in subsection (a) shall— 7 ‘‘(1) address all energy sources and regulated 8 and unregulated energy providers; 9 ‘‘(2) provide a State energy profile, including an 10 assessment of energy production, distribution, and 11 end-use; 12 ‘‘(3) address potential hazards to each energy 13 sector or system, including physical threats and cy- 14 bersecurity threats and vulnerabilities; 15 ‘‘(4) provide a risk assessment of energy infra- 16 structure and cross-sector interdependencies; 17 ‘‘(5) provide a risk mitigation approach to en- 18 hance reliability and end-use resilience; and 19 ‘‘(6) address multi-State, Indian Tribe, and re- 20 gional coordination planning and response, and to 21 the extent practicable, encourage mutual assistance in 22 cyber and physical response plans. 23 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2094 RS ‘‘(c) COORDINATION.—In developing a State energy se- 1 curity plan under this section, the energy office of the State 2 shall, to the extent practicable, coordinate with— 3 ‘‘(1) the public utility or service commission of 4 the State; 5 ‘‘(2) energy providers from the private sector; 6 and 7 ‘‘(3) other entities responsible for maintaining 8 fuel or electric reliability. 9 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 10 to receive Federal financial assistance under this part, for 11 any purpose, for a fiscal year unless the Governor of such 12 State submits to the Secretary, with respect to such fiscal 13 year— 14 ‘‘(1) a State energy security plan described in 15 subsection (a) that meets the requirements of sub- 16 section (b); or 17 ‘‘(2) after an annual review of the State energy 18 security plan by the Governor— 19 ‘‘(A) any necessary revisions to such plan; 20 or 21 ‘‘(B) a certification that no revisions to 22 such plan are necessary. 23 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 24 Governor of a State, the Secretary may provide information 25 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2094 RS and technical assistance, and other assistance, in the devel- 1 opment, implementation, or revision of a State energy secu- 2 rity plan. 3 ‘‘(f) REQUIREMENT.—Each State receiving Federal fi- 4 nancial assistance under this part shall provide reasonable 5 assurance to the Secretary that the State has established 6 policies and procedures designed to assure that the financial 7 assistance will be used— 8 ‘‘(1) to supplement, and not to supplant, State 9 and local funds; and 10 ‘‘(2) to the maximum extent practicable, to in- 11 crease the amount of State and local funds that other- 12 wise would be available, in the absence of the finan- 13 cial assistance, for the implementation of the State 14 energy security plan under this section. 15 ‘‘(g) PROTECTION OF INFORMATION.—Information 16 provided to, or collected by, the Federal Government under 17 this section— 18 ‘‘(1) shall be exempt from disclosure under sec- 19 tion 552(b)(3) of title 5, United States Code; and 20 ‘‘(2) shall not be made available by any Federal 21 agency, State, political subdivision of a State, or 22 Tribal authority pursuant to any Federal, State, or 23 Tribal law, as applicable, requiring public disclosure 24 of information or records. 25 VerDate Sep 11 2014 23:04 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2094.RS S2094 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2094 RS ‘‘(h) SUNSET.—This section shall expire on October 31, 1 2024.’’. 2 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 3 365(f) of the Energy Policy and Conservation Act (42 4 U.S.C. 6325(f)) is amended— 5 (1) by striking ‘‘$125,000,000’’ and inserting 6 ‘‘$90,000,000’’; and 7 (2) by striking ‘‘2007 through 2012’’ and insert- 8 ing ‘‘2021 through 2025’’. 9 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 10 (1) CONFORMING AMENDMENTS.—Section 363 of 11 the Energy Policy and Conservation Act (42 U.S.C. 12 6323) is amended— 13 (A) by striking subsection (e); and 14 (B) by redesignating subsection (f) as sub- 15 section (e). 16 (2) TECHNICAL AMENDMENT.—Section 17 366(3)(B)(i) of the Energy Policy and Conservation 18 Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking 19 ‘‘approved under section 367’’. 20 (3) REFERENCE.—The matte [Text truncated for display. 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