PRIA, Government Policy, Made Personal

Summary

States must have an energy security plan to get federal money under this program. Bulk‑power system — the large electricity grid (defined in another law). State energy security plan — the plan described below. The plan can be paid for with federal funds to create, use, review, and update it. It must look at current energy conditions and lay out ways to protect energy systems from physical and cyber threats, cut the chance of supply disruptions, and improve response and recovery so energy stays reliable and resilient. The plan must cover all energy sources and providers, give a State energy profile (production, transmission, distribution, and end use), list hazards and vulnerabilities, assess risks and interconnections, and describe steps to reduce risk. It must also cover regional and Tribal coordination and encourage mutual help. The State energy office should work with the utility commission, energy providers, and others who keep fuel and electricity reliable. Each year the Governor must give the Secretary a plan, needed changes after review, or a note saying no changes are needed to get funds. On request, the Secretary may give technical help. States must use federal money to add to, not replace, state and local funds and try to increase local funding when possible. Security‑sensitive information shared with the federal government must be kept secret and not released to the public. These rules expire on October 31, 2025.

Title 42, §6326

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Bulk-power system

(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; 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 117–58, § 40108(a)(4), amended section generally. Prior to amendment, section defined terms used in this part. Pub. L. 117–58, § 40108(a)(3), redesignated pars. (1) to (8) as pars. (1) to (8) of section 6321(c) of this title. Pub. L. 117–58, § 40108(a)(2)(B), inserted headings in pars. (1) to (8). Par. (3)(B)(i). Pub. L. 117–58, § 40108(a)(2)(A), substituted “; and” for “approved under section 6327 of this title, and”. Pars. (6), (7). Pub. L. 117–58, § 40108(a)(2)(C), redesignated pars. (6) and (7) as (7) and (6), respectively, and rearranged pars. in numerical order. 1990—Par. (4). Pub. L. 101–440 substituted “building, building system, energy consuming device associated with the building, or industrial” for “building or industrial”, “

May 1, 1989” for “

August 14, 1976”, and “maintain or improve the efficiency” for “improve the efficiency”. 1978—Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing. 1976—Pub. L. 94–385 redesignated former pars. (1) and (2) as (7) and (8), respectively, and added pars. (1) to (6).

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

§6326 State Energy Security Plans