42 U.S.C. § 6326 — State energy security plans

Page 6785 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6326 ‘‘(2) For the purposes of carrying out section 6323(f) of this title, there is authorized to be appropriated for fis- cal year 1994 and each fiscal year thereafter such sums as may be necessary, to remain available until ex- pended.’’ 1995—Subsec. (c). Pub. L. 104–66 substituted ‘‘, as part of the report required under section 7267 of this title, report’’ for ‘‘report annually’’ in first sentence. 1992—Subsec. (f). Pub. L. 102–486 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), for the purpose’’ for ‘‘For the pur- pose’’, and added par. (2). 1990—Subsec. (f). Pub. L. 101–440, § 8(a), amended sub- sec. (f) generally. Prior to amendment, subsec. (f) read as follows: ‘‘There are authorized to be appropriated for carrying out the provisions of this part (other than sec- tion 6327 of this title) $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.’’ Subsec. (g). Pub. L. 101–440, § 5, added subsec. (g). 1978—Subsecs. (a) to (c), (e). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Subsec. (f). Pub. L. 95–619, § 621, authorized to be ap- propriated $50,000,000 for fiscal year 1979. 1976—Subsec. (d). Pub. L. 94–385, § 432(d)(1), (2), added subsec. (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 94–385, § 432(d)(2), added subsec. (e). Subsec. (f). Pub. L. 94–385, § 432(d)(1), (3), redesignated former subsec. (d) as (f) and inserted ‘‘(other than sec- tion 6327 of this title)’’ after ‘‘part’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 87 identifies a reporting provision which, as subse- quently amended, is contained in subsec. (c) of this sec- tion and in which the 14th item on page 91 identifies a reporting provision in subsec. (g)(8) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 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. § 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 de- velopment, implementation, review, and revi- sion of a State energy security plan that— (1) assesses the existing circumstances in the State; and (2) proposes methods to strengthen the abil- ity 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 recov- ery 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, trans- mission, 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 infra- structure and cross-sector interdependencies; (5) provide a risk mitigation approach to en- hance 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 mu- tual assistance in cyber and physical response plans. (d) Coordination In developing or revising a State energy secu- rity 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 fi- nancial assistance under this part for any pur- pose 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. Page 6786 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6327 (f) Technical assistance On request of the Governor of a State, the Sec- retary, 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 assist- ance under this part shall provide reasonable as- surance to the Secretary that the State has es- tablished policies and procedures designed to as- sure 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 ab- sence 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 se- curity 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 Fed- eral 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.) Editorial Notes AMENDMENTS 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), sub- stituted ‘‘; and’’ for ‘‘approved under section 6327 of this title, and’’. Pars. (6), (7). Pub. L. 117–58, § 40108(a)(2)(C), redesig- nated 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 indus- trial’’, ‘‘May 1, 1989’’ for ‘‘August 14, 1976’’, and ‘‘main- tain or improve the efficiency’’ for ‘‘improve the effi- ciency’’. 1978—Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’, 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). 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. § 6327. Repealed. Pub. L. 101–440, § 4(c)(1), Oct. 18, 1990, 104 Stat. 1009 Section, Pub. L. 94–163, title III, § 367, as added Pub. L. 94–385, title IV, § 432(a), Aug. 14, 1976, 90 Stat. 1160; amended Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–619, title VI, §§ 622, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288, related to supplemental State energy conservation plans. PART C—INDUSTRIAL ENERGY EFFICIENCY Editorial Notes CODIFICATION This part was, in the original, designated part E and has been changed to part C for purposes of codification. PRIOR PROVISIONS A prior part C, consisting of sections 6341 to 6346, re- lated to voluntary industrial energy conservation, prior to repeal by Pub. L. 99–509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888. This prior part C, which in the original Act had been designated part D and subse- quently redesignated part E by Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267, was designated part C of this subchapter for purposes of codification. § 6341. Definitions In this part: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Combined heat and power The term ‘‘combined heat and power sys- tem’’ means a facility that— (A) simultaneously and efficiently pro- duces useful thermal energy and electricity; and (B) recovers not less than 60 percent of the energy value in the fuel (on a higher-heat- ing-value basis) in the form of useful ther- mal energy and electricity. (3) Net excess power The term ‘‘net excess power’’ means, for any facility, recoverable waste energy recovered in the form of electricity in quantities exceeding the total consumption of electricity at the specific time of generation on the site at which the facility is located. (4) Project The term ‘‘project’’ means a recoverable waste energy project or a combined heat and power system project. (5) Recoverable waste energy The term ‘‘recoverable waste energy’’ means waste energy from which electricity or useful