42 U.S.C. § 6326 (THE PUBLIC HEALTH AND WELFARE)
§ 6326. 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 824o(a) of title 16.
(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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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).