42 U.S.C. § 18712 — Electric grid reliability and resilience re-

Page 9200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18712 (2) Prohibitions and limitations (A) In general A grant awarded to an eligible entity under the program may not be used for— (i) construction of a new— (I) electric generating facility; or (II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or (ii) cybersecurity. (B) Certain investments eligible for recovery (i) In general An eligible entity may not seek cost re- covery for the portion of the cost of any system, technology, or equipment that is funded through a grant awarded under the program. (ii) Savings provision Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not fund- ed by a grant awarded under the program. (C) Application limitations An eligible entity may not submit an ap- plication for a grant provided by the Sec- retary under subsection (c) and a grant pro- vided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle. (f) Distribution of funding Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that— (1) 50 percent is used to award grants to eli- gible entities under subsection (c); and (2) 50 percent is used to make grants to States and Indian Tribes under subsection (d). (g) Technical and other assistance (1) In general The Secretary, States, and Indian Tribes may— (A) provide technical assistance and facili- tate the distribution and sharing of informa- tion to reduce the likelihood and con- sequences of disruptive events; and (B) promulgate consumer-facing informa- tion and resources to inform the public of best practices and resources relating to re- ducing the likelihood and consequences of disruptive events. (2) Use of funds by the Secretary Of the amounts made available to the Sec- retary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for— (A) providing technical assistance under paragraph (1)(A); and (B) administrative expenses associated with the program. (h) Matching requirement (1) In general Except as provided in paragraph (2), an eligi- ble entity that receives a grant under this sec- tion shall be required to match 100 percent of the amount of the grant. (2) Exception for small utilities An eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year shall be required to match 1⁄3 of the amount of the grant. (i) Biennial report to Congress (1) In general Not later than 2 years after November 15, 2021, and every 2 years thereafter through 2026, the Secretary shall submit to the Committee on Energy and Natural Resources of the Sen- ate and the Committee on Energy and Com- merce of the House of Representatives a report describing the program. (2) Requirements The report under paragraph (1) shall include information and data on— (A) the costs of the projects for which grants are awarded to eligible entities; (B) the types of activities, technologies, equipment, and hardening measures funded by those grants; and (C) the extent to which the ability of the power grid to withstand disruptive events has increased. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $5,000,000,000 for the period of fiscal years 2022 through 2026. (Pub. L. 117–58, div. D, title I, § 40101, Nov. 15, 2021, 135 Stat. 923.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. § 18712. Electric grid reliability and resilience re- search, development, and demonstration (a) Definition of Federal financial assistance In this section, the term ‘‘Federal financial as- sistance’’ has the meaning given the term in section 200.1 of title 2, Code of Federal Regula- tions. (b) Energy infrastructure Federal financial as- sistance 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 competi- tive Federal financial assistance program es- tablished under paragraph (2). Page 9201 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18712 (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 Re- siliency’’, to provide, on a competitive basis, Federal financial assistance to eligible enti- ties to carry out the purpose described in para- graph (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 resil- ience and reliability; and (B) to demonstrate new approaches to en- hance 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 enti- ty shall submit to the Secretary an applica- tion at such time, in such manner, and con- taining 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 eligi- ble entity described in paragraph (1)(A)(ii), how the proposal would improve regional en- ergy 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 Fed- eral 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 re- mote area’’ means a city, town, or unincor- porated 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 Sec- retary of the Interior, may provide Federal fi- nancial 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 gen- eration 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 stake- holders, 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 inven- tory of easily transported high-voltage recov- ery transformers and other required equip- ment. (2) Assessment and report (A) Assessment The Secretary shall carry out an assess- ment of— (i) with respect to the inventory of high- voltage recovery transformers, new trans- formers, and other equipment proposed to be developed and stored under paragraph (1)— (I) the policies, technical specifica- tions, and logistical and program struc- tures necessary to mitigate the risks as- sociated with the loss of high-voltage re- covery 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 re- covery transformers necessary for the in- ventory; (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 nec- essary 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— Page 9202 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18713 (I) to share transformers and equip- ment; (II) to develop plans for next genera- tion transformers; and (III) to plan for surge and long-term manufacturing of, and long-term stand- ardization of, transformer designs. (B) Protection of information Information that is provided to, generated by, or collected by the Secretary under sub- paragraph (A) shall be considered to be crit- ical 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 assess- ment carried out under subparagraph (A). (Pub. L. 117–58, div. D, title I, § 40103, Nov. 15, 2021, 135 Stat. 928.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. § 18713. Transmission facilitation program (a) Definitions In this section: (1) Capacity contract The term ‘‘capacity contract’’ means a con- tract entered into by the Secretary and an eli- gible entity under subsection (e)(1)(A) for the right to the use of the transmission capacity of an eligible project. (2) Eligible electric power transmission line The term ‘‘eligible electric power trans- mission line’’ means an electric power trans- mission line that is capable of transmitting not less than— (A) 1,000 megawatts; or (B) in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission, transportation, or telecommunications infrastructure corridor, 500 megawatts. (3) Eligible entity The term ‘‘eligible entity’’ means an entity seeking to carry out an eligible project. (4) Eligible project The term ‘‘eligible project’’ means a project (including any related facility)— (A) to construct a new or replace an exist- ing eligible electric power transmission line; (B) to increase the transmission capacity of an existing eligible electric power trans- mission line; or (C) to connect an isolated microgrid to an existing transmission, transportation, or telecommunications infrastructure corridor located in Alaska, Hawaii, or a territory of the United States. (5) Fund The term ‘‘Fund’’ means the Transmission Facilitation Fund established by subsection (d)(1). (6) Program The term ‘‘program’’ means the Trans- mission Facilitation Program established by subsection (b). (7) Related facility (A) In general The term ‘‘related facility’’ means a facil- ity related to an eligible project described in paragraph (4). (B) Exclusions The term ‘‘related facility’’ does not in- clude— (i) facilities used primarily to generate electric energy; or (ii) facilities used in the local distribu- tion of electric energy. (b) Establishment There is established a program, to be known as the ‘‘Transmission Facilitation Program’’, under which the Secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection (e). (c) Applications (1) In general To be eligible for assistance under this sec- tion, 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. (2) Procedures The Secretary shall establish procedures for the solicitation and review of applications from eligible entities. (d) Funding (1) Transmission Facilitation Fund There is established in the Treasury a fund, to be known as the ‘‘Transmission Facilita- tion Fund’’, consisting of— (A) all amounts received by the Secretary, including receipts, collections, and recov- eries, from any source relating to expenses incurred by the Secretary in carrying out the program, including— (i) costs recovered pursuant to paragraph (4); (ii) amounts received as repayment of a loan issued to an eligible entity under sub- section (e)(1)(B); and (iii) amounts contributed by eligible en- tities for the purpose of carrying out an el- igible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C); (B) all amounts borrowed from the Sec- retary of the Treasury by the Secretary for the program under paragraph (2); and (C) any amounts appropriated to the Sec- retary for the program. (2) Borrowing authority The Secretary of the Treasury may, without further appropriation and without fiscal year