Sec. 40108. STATE ENERGY SECURITY PLANS

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## SEC. 40108 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— ####

(1)**[**[42 U.S.C. 6321](/us/usc/t42/s6321)**]** in section 361— #####

(A)by striking the section designation and heading and all that follows through “ The Congress ” and inserting the following: > > ## “SEC. 361 FINDINGS; PURPOSE; DEFINITIONS > > > ### “(a) Findings > > Congress” > ; #####

(B)in subsection (b), by striking “

(b)It is ” and inserting the following: > > ### “(b) Purpose > > It is” > ; and #####

(C)by adding at the end the following: > > ### “(c) Definitions > > In this part:” > ; ####

(2)**[**[42 U.S.C. 6326](/us/usc/t42/s6326)**]** in section 366— #####

(A)in paragraph (3)(B)(i), by striking “approved under section 367, and” ; and inserting “; and”; #####

(B)in each of paragraphs

(1)through (8), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph; and #####

(C)by redesignating paragraphs

(6)and

(7)as paragraphs

(7)and (6), respectively, and moving the paragraphs so as to appear in numerical order; ####

(3)**[**[42 U.S.C. 6321](/us/usc/t42/s6321)**]** by moving paragraphs

(1)through

(8)of section 366 (as so redesignated) so as to appear after subsection

(c)of section 361 (as designated by paragraph (1)(C)); and ####

(4)by amending section 366 to read as follows: > > ## “SEC. 366 STATE ENERGY SECURITY PLANS > > > ### “(a) Definitions > > In this section: > > > #### “(1) Bulk-power system > > The term ‘bulk-power system’ has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). > > > #### “(2) State energy security plan > > The term ‘State energy security plan’ means a State energy security plan described in subsection (b). > > > ### “(b) Financial Assistance for State Energy Security Plans > > Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that— > > > #### “(1) > > assesses the existing circumstances in the State; and > > > #### “(2) > > proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State— > > > ##### “(A) > > to secure the energy infrastructure of the State against all physical and cybersecurity threats; > > > ##### “(B) > > > ######

(i)> > to mitigate the risk of energy supply disruptions to the State; and > > > ###### “(ii) > > to enhance the response to, and recovery from, energy disruptions; and > > > ##### “(C) > > to ensure that the State has reliable, secure, and resilient energy infrastructure. > > > ### “(c) Contents of Plan > > A State energy security plan shall— > > > #### “(1) > > address all energy sources and regulated and unregulated energy providers; > > > #### “(2) > > provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use; > > > #### “(3) > > address potential hazards to each energy sector or system, including— > > > ##### “(A) > > physical threats and vulnerabilities; and > > > ##### “(B) > > 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) > > > #####

(A)> > address— > > > ###### “(i) > > multi-State and regional coordination, planning, and response; and > > > ###### “(ii) > > coordination with Indian Tribes with respect to planning and response; and > > > ##### “(B) > > to the extent practicable, encourage mutual assistance in cyber and physical response plans. > > > ### “(d) Coordination > > In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with— > > > #### “(1) > > the public utility or service commission of the State; > > > #### “(2) > > energy providers from the private and public sectors; and > > > #### “(3) > > other entities responsible for— > > > ##### “(A) > > maintaining fuel or electric reliability; and > > > ##### “(B) > > securing energy infrastructure. > > > ### “(e) 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 the State submits to the Secretary, with respect to that fiscal year— > > > #### “(1) > > a State energy security plan that meets the requirements of subsection (c); or > > > #### “(2) > > after an annual review, carried out by the Governor, of a State energy security plan— > > > ##### “(A) > > any necessary revisions to the State energy security plan; or > > > ##### “(B) > > a certification that no revisions to the State energy security plan are necessary. > > > ### “(f) Technical Assistance > > On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan. > > > ### “(g) 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 Federal financial assistance, for the implementation of a State energy security plan. > > > ### “(h) Protection of Information > > Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system— > > > #### “(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, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. > > > ### “(i) Sunset > > The requirements of this section shall expire on October 31, 2025.” > . ###

(b)Clerical Amendments The table of contents of the Energy Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is amended— ####

(1)by striking the item relating to section 361 and inserting the following:" “Sec. 361. Findings; purpose; definitions.” "; and ####

(2)by striking the item relating to section 366 and inserting the following:" “Sec. 366. State energy security plans.” ". ###

(c)Conforming Amendments ####

(1)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 “prescribed for such terms in section 366 of the Energy Policy and Conservation Act” and inserting “given the terms in section 361(c) of the Energy Policy and Conservation Act”. ####

(2)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). ####

(3)Section 451(i)(3) of the Energy Conservation and Production Act (42 U.S.C. 6881(i)(3)) is amended by striking “prescribed for such terms in section 366 of the Federal Energy Policy and Conservation Act” and inserting “given the terms in section 361(c) of the Energy Policy and Conservation Act”.

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