42 U.S.C. § 18715a — Grants to facilitate the siting of inter-

Page 9206 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18715a Editorial Notes REFERENCES IN TEXT Section 50141(d), referred to in subsec. (b), is section 50141(d) of Pub. L. 117–169, title V, Aug. 16, 2022, 136 Stat. 2043, which is not classified to the Code. CODIFICATION Section was enacted as part of Pub. L. 117–169, and not as part of div. D of Pub. L. 117–58, which enacted this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Energy, see sec- tion 50111 of Pub. L. 117–169, set out as a note under sec- tion 17113b of this title. § 18715a. Grants to facilitate the siting of inter- state electricity transmission lines (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $760,000,000, to remain available through September 30, 2029, for mak- ing grants in accordance with this section and for administrative expenses associated with car- rying out this section. (b) Use of funds (1) In general The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities: (A) Studies and analyses of the impacts of the covered transmission project. (B) Examination of up to 3 alternate siting corridors within which the covered trans- mission project feasibly could be sited. (C) Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 796 of title 16) that is also consid- ering the siting or permitting of the covered transmission project. (D) Participation by the siting authority in regulatory proceedings at the Federal En- ergy Regulatory Commission or a State reg- ulatory commission for determining applica- ble rates and cost allocation for the covered transmission project. (E) Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting au- thority of the application relating to the siting or permitting of the covered trans- mission project, as the Secretary determines appropriate. (2) Economic development The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for eco- nomic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this sec- tion that could result in any outlays after September 30, 2031. (c) Conditions (1) Final decision on application In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the appli- cation relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause. (2) Federal share The Federal share of the cost of an activity described in subparagraph (C) or (D) of sub- section (b)(1) shall not exceed 50 percent. (3) Economic development The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)— (A) to a siting authority upon approval by the siting authority of the applicable cov- ered transmission project; and (B) to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered trans- mission project in the area under the juris- diction of the entity. (d) Returning funds If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds. (e) Definitions In this section: (1) Covered transmission project The term ‘‘covered transmission project’’ means a high-voltage interstate or offshore electricity transmission line— (A) that is proposed to be constructed and to operate— (i) at a minimum of 275 kilovolts of ei- ther alternating-current or direct-current electric energy by an entity; or (ii) offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an enti- ty; and (B) for which such entity has applied, or informed a siting authority of such entity’s intent to apply, for regulatory approval. (2) Siting authority The term ‘‘siting authority’’ means a State, local, or Tribal governmental entity with au- thority to make a final determination regard- ing the siting, permitting, or regulatory sta- tus of a covered transmission project that is proposed to be located in an area under the ju- risdiction of the entity. (Pub. L. 117–169, title V, § 50152, Aug. 16, 2022, 136 Stat. 2046.) Page 9207 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18721 Editorial Notes CODIFICATION Section was enacted as part of Pub. L. 117–169, and not as part of div. D of Pub. L. 117–58, which enacted this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘State’’ as used in this section, see section 50111 of Pub. L. 117–169, set out as a note under section 17113b of this title. § 18715b. Interregional and offshore wind elec- tricity transmission planning, modeling, and analysis (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2031, to carry out this section. (b) Use of funds The Secretary shall use amounts made avail- able under subsection (a)— (1) to pay expenses associated with con- vening relevant stakeholders to address the development of interregional electricity trans- mission and transmission of electricity that is generated by offshore wind; and (2) to conduct planning, modeling, and anal- ysis regarding interregional electricity trans- mission and transmission of electricity that is generated by offshore wind, taking into ac- count the local, regional, and national eco- nomic, reliability, resilience, security, public policy, and environmental benefits of inter- regional electricity transmission and trans- mission of electricity that is generated by off- shore wind, including planning, modeling, and analysis, as the Secretary determines appro- priate, pertaining to— (A) clean energy integration into the elec- tric grid, including the identification of re- newable energy zones; (B) the effects of changes in weather due to climate change on the reliability and re- silience of the electric grid; (C) cost allocation methodologies that fa- cilitate the expansion of the bulk power sys- tem; (D) the benefits of coordination between generator interconnection processes and transmission planning processes; (E) the effect of increased electrification on the electric grid; (F) power flow modeling; (G) the benefits of increased interconnec- tions or interties between or among the Western Interconnection, the Eastern Inter- connection, the Electric Reliability Council of Texas, and other interconnections, as ap- plicable; (H) the cooptimization of transmission and generation, including variable energy re- sources, energy storage, and demand-side management; (I) the opportunities for use of nontrans- mission alternatives, energy storage, and grid-enhancing technologies; (J) economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind; (K) evaluation of existing rights-of-way and the need for additional transmission corridors; and (L) a planned national transmission grid, which would include a networked trans- mission system to optimize the existing grid for interconnection of offshore wind farms. (Pub. L. 117–169, title V, § 50153, Aug. 16, 2022, 136 Stat. 2048.) Editorial Notes CODIFICATION Section was enacted as part of Pub. L. 117–169, and not as part of div. D of Pub. L. 117–58, which enacted this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Energy, see sec- tion 50111 of Pub. L. 117–169, set out as a note under sec- tion 17113b of this title. PART B—CYBERSECURITY § 18721. Enhancing grid security through public- private partnerships (a) Definitions In this section: (1) Bulk-power system; Electric Reliability Or- ganization The terms ‘‘bulk-power system’’ and ‘‘Elec- tric Reliability Organization’’ has the mean- ing given the terms in section 824o(a) of title 16. (2) Electric utility; State regulatory authority The terms ‘‘electric utility’’ and ‘‘State reg- ulatory authority’’ have the meanings given the terms in section 796 of title 16. (b) Program to promote and advance physical se- curity and cybersecurity of electric utilities (1) Establishment The Secretary, in coordination with the Sec- retary of Homeland Security and in consulta- tion with, as the Secretary determines to be appropriate, the heads of other relevant Fed- eral agencies, State regulatory authorities, in- dustry stakeholders, and the Electric Reli- ability Organization, shall carry out a pro- gram— (A) to develop, and provide for voluntary implementation of, maturity models, self-as- sessments, and auditing methods for assess- ing the physical security and cybersecurity of electric utilities; (B) to assist with threat assessment and cybersecurity training for electric utilities; (C) to provide technical assistance for elec- tric utilities subject to the program; (D) to provide training to electric utilities to address and mitigate cybersecurity sup- ply chain management risks;