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

(a) Definitions. (1) “Bulk-power system” has the meaning in section 824o(a) of title 16. (2) “State energy security plan” means a plan described in subsection (b). (b) Assistance. Federal assistance under this part may pay for developing, carrying out, reviewing, or revising a State energy security plan that assesses current State conditions and proposes methods, in consultation with energy-infrastructure owners and operators, to: (1) protect the State’s energy infrastructure from all physical and cybersecurity threats; (2)(A) reduce the risk of energy-supply disruption; and (B) improve response to and recovery from disruptions; and (3) ensure reliable, secure, and resilient energy infrastructure. (c) Plan contents. The plan must: (1) cover all energy sources and regulated and unregulated providers; (2) give a State energy profile covering production, transmission, distribution, and end use; (3) address hazards for each energy sector or system, including physical and cybersecurity threats and weaknesses; (4) assess risks to energy infrastructure and dependencies between sectors; (5) give a risk-reduction approach to improve reliability and resilience at end use; and (6)(A) address multistate and regional coordination, planning, and response and coordination with Indian Tribes for planning and response; and (B) when practicable, encourage mutual assistance in cyber and physical response plans. (d) Coordination. When developing or revising the plan, the State energy office must, when practicable, coordinate with: (1) the State public-utility or service commission; (2) private and public energy providers; and (3) other entities responsible for fuel or electric reliability and for securing energy infrastructure. (e) Eligibility. A State is not eligible for assistance under this part for a fiscal year unless its Governor submits for that year either: (1) a plan meeting subsection (c); or (2) after the Governor’s annual review, needed revisions or a certification that none are needed. (f) Technical help. At a Governor’s request, the Secretary, consulting the Secretary of Homeland Security, may provide information, technical help, and other assistance to develop, carry out, or revise a plan. (g) Funding assurance. Each recipient State must reasonably assure the Secretary that it has policies and procedures to ensure the money supplements rather than replaces State and local funds and, as far as practicable, increases the State and local money that would otherwise be available for carrying out the plan. (h) Information protection. Information given to or collected by the Federal Government under this section whose disclosure the Secretary reasonably expects could harm the physical or cybersecurity of an electric utility or the bulk-power system: (1) is exempt from disclosure under section 552(b)(3) of title 5; and (2) may not be disclosed by a Federal agency, State, State subdivision, or Tribal authority under a law requiring public disclosure of information or records. (i) Sunset. This section’s requirements expire October 31, 2025.