42 U.S.C. § 18712 (THE PUBLIC HEALTH AND WELFARE)
§ 18712. Electric grid reliability and resilience research, development, and demonstration
(a) Definition of Federal financial assistance
In this section, the term “Federal financial assistance” has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations.
(b) Energy infrastructure Federal financial assistance program
(1) Definitions
In this subsection:
(A) Eligible entity
The term “eligible entity” means each of—
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) Program
The term “program” means the competitive Federal financial assistance program established under paragraph (2).
(2) Establishment
Not later than 180 days after November 15, 2021, the Secretary shall establish a program, to be known as the “Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency”, to provide, on a competitive basis, Federal financial assistance to eligible entities to carry out the purpose described in paragraph (3).
(3) Purpose
The purpose of the program is to coordinate and collaborate with electric sector owners and operators—
(A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and
(B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.
(4) Applications
To be eligible to receive Federal financial assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of—
(A) how the Federal financial assistance would be used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible entity described in paragraph (1)(A)(ii), how the proposal would improve regional energy infrastructure.
(5) Selection
The Secretary shall select eligible entities to receive Federal financial assistance under the program on a competitive basis.
(6) Cost share
Section 16352 of this title shall apply to Federal financial assistance provided under the program.
(7) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection, $5,000,000,000 for the period of fiscal years 2022 through 2026.
(c) Energy improvement in rural or remote areas
(1) Definition of rural or remote area
In this subsection, the term “rural or remote area” means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
(2) Required activities
The Secretary shall carry out activities to improve in rural or remote areas of the United States—
(A) the resilience, safety, reliability, and availability of energy; and
(B) environmental protection from adverse impacts of energy generation.
(3) Federal financial assistance
The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose of—
(A) overall cost-effectiveness of energy generation, transmission, or distribution systems;
(B) siting or upgrading transmission and distribution lines;
(C) reducing greenhouse gas emissions from energy generation by rural or remote areas;
(D) providing or modernizing electric generation facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection, $1,000,000,000 for the period of fiscal years 2022 through 2026.
(d) Energy infrastructure resilience framework
(1) In general
The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment.
(2) Assessment and report
(A) Assessment
The Secretary shall carry out an assessment of—
(i) with respect to the inventory of high-voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)—
(I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers;
(II) the technical specifications for high-voltage recovery transformers;
(III) where inventory of high-voltage recovery transformers should be stored;
(IV) the quantity of high-voltage recovery transformers necessary for the inventory;
(V) how the stored inventory of high-voltage recovery transformers would be secured and maintained;
(VI) how the high-voltage recovery transformers may be transported;
(VII) opportunities for developing new flexible advanced transformer designs; and
(VIII) whether new Federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers; and
(ii) any efforts carried out by industry as of the date of the assessment—
(I) to share transformers and equipment;
(II) to develop plans for next generation transformers; and
(III) to plan for surge and long-term manufacturing of, and long-term standardization of, transformer designs.
(B) Protection of information
Information that is provided to, generated by, or collected by the Secretary under subparagraph (A) shall be considered to be critical electric infrastructure information under section 824o–1 of title 16.
(C) Report
Not later than 180 days after November 15, 2021, the Secretary shall submit to Congress a report describing the results of the assessment carried out under subparagraph (A).
(Pub. L. 117–58, div. D, title I, § 40103, Nov. 15, 2021, 135 Stat. 928.)