42 USC 6326 - State energy security plans

View all text of Part B [§ 6321 - § 6327]

§ 6326. State energy security plans

(a) DefinitionsIn this section:

(1) Bulk-power system

(2) State energy security plan

(b) Financial assistance for State energy security plansFederal 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

(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) CoordinationIn 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 assistanceA 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

(g) RequirementEach 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 informationInformation 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

(Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94–385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 117–58, div. D, title I, § 40108(a)(2)–(4), Nov. 15, 2021, 135 Stat. 941, 942.)