§ 6326. State energy security plans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 366 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6326

   Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935

   Enacted provision · exact public law section
   Sec. 366. definitions As used in this part— 42 USC 6326. (1) The term “public building” means any building which is open to the public during normal business hours. (2) The term “transportation controls” means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.

2. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 title IV § 431 · 90 Stat. 1125

   1. Redesignated · 42 U.S.C. § 6326

      Pub. L. 94–385 redesignated former pars. (1) and (2) as (7) and (8), respectively

   2. Added · 42 U.S.C. § 6326

      Pub. L. 94–385 added pars. (1) to (6)

   Source evidence

   Code amendment note
   Pub. L. 94–385 redesignated former pars. (1) and (2) as (7) and (8), respectively, and added pars. (1) to (6).

   Enacted provision · exact public law section
   Sec. 431. definitions Section 366 of the Energy Policy and Conservation Act is amended by (1) redesignating paragraphs (1) and (2) as paragraphs (7) and (8), respectively; and (2) inserting after “As used in this part—” the following new paragraphs: “(1) The term ‘appliance’ means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Administrator classifies as an appliance for purposes of this part. “(2) The term ‘building’ means any structure which includes provision for a heating or cooling system, or both, or for a hot water system. “(3) The term ‘energy audit’ means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which— “(A) is carried out in accordance with rules of the Administrator; and “(B) imposes— “(i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan approved tinder section 367, and Post, p. 1160. “(ii) only reasonable costs, as determined by the Administrator, with respect to any person not described in clause (i). Rides referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits. “(4) The term ‘energy conservation measure’ means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Administrator, by rule under section 365(e)(1), to be likely to improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Administrator) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of— “(A) the useful life of the modification involved, as determined by the Administrator, or “(B) 15 years after the purchase and installation of such measure, whichever is less. Such term does not include (i) the purchase or installation of any appliance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Administrator, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which the Administrator determines does not have as its primary purpose an improvement in efficiency of energy use. “(5) The term ‘industrial plant’ means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output. “(6) The term ‘renewable-resource energy measure’ means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Administrator, by rule under section 365(e)(1), to— Post, p. 1162. “(A) involve changing, in whole or in part, tile fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and “(B) be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Administrator) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of— “(i) tile useful life of the modification involved, as determined by the Administrator, or “(ii) 25 years after the purchase and installation of such measure, whichever is less. Such term does not include the purchase or installation of any appliance.”.

3. 1978

   Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6326(1); 42 U.S.C. § 6326(3)(A); 42 U.S.C. § 6326(B)(ii); 42 U.S.C. § 6326(4); 42 U.S.C. § 6326(A); 42 U.S.C. § 6326(6); 42 U.S.C. § 6326(B); 42 U.S.C. § 6326(B)(i)

   Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

4. 1990

   State Energy Efficiency Programs Improvement Act of 1990

   Pub. L. 101–440 § 2(b) · 104 Stat. 1006

   1. Substituted · 42 U.S.C. § 6326(4)

      Pub. L. 101–440 substituted “building, building system, energy consuming device associated with the building, or industrial” for “building or industrial”

   2. Substituted · 42 U.S.C. § 6326(4)

      Pub. L. 101–440 substituted “May 1, 1989” for “August 14, 1976”

   3. Substituted · 42 U.S.C. § 6326(4)

      Pub. L. 101–440 substituted “maintain or improve the efficiency” for “improve the efficiency”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Definitions.— Section 366(4) of such Act (42 U.S.C. 6326(4)) is amended— (1) by striking out “building or industrial” and inserting in lieu thereof “building, building system, energy consuming device associated with the building, or industrial”; (2) by striking out “the date of enactment of the Energy Conservation and Production Act” and inserting in lieu thereof “May 1, 1989”; and (3) by inserting “maintain or” before “improve the efficiency” in the first sentence.

5. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 § 40108(a)(4) · 135 Stat. 429

   Amended · 42 U.S.C. § 6326

   Pub. L. 117–58, § 40108(a)(4), amended section generally. Prior to amendment, section defined terms used in this part

   Source evidence

   Code amendment note
   Pub. L. 117–58, § 40108(a)(4), amended section generally. Prior to amendment, section defined terms used in this part.

   Enacted provision · exact public law section
   (4) by amending section 366 to read as follows: “SEC. 366. 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 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). “(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, United States Code; 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.” .

6. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 § 40108(a)(3) · 135 Stat. 429

   Redesignated · 42 U.S.C. § 6326

   Pub. L. 117–58, § 40108(a)(3), redesignated pars. (1) to (8) as pars. (1) to (8) of section 6321(c) of this title

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 117–58, § 40108(a)(3), redesignated pars. (1) to (8) as pars. (1) to (8) of section 6321(c) of this title.

   Enacted provision · exact public law section
   (3) by moving paragraphs (1) through (8) of section 366 (as so redesignated) so as to appear after subsection (c) of section 361 (as designated by paragraph (1)(C)); and

7. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 § 40108(a)(2)(B) · 135 Stat. 429

   Inserted · 42 U.S.C. § 6326

   Pub. L. 117–58, § 40108(a)(2)(B), inserted headings in pars. (1) to (8)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 117–58, § 40108(a)(2)(B), inserted headings in pars. (1) to (8).

   Enacted provision · exact public law section
   (B) in each of paragraphs (1) through (8), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph; and

8. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 § 40108(a)(2)(A) · 135 Stat. 429

   Substituted · 42 U.S.C. § 6326(3)(B)(i)

   Pub. L. 117–58, § 40108(a)(2)(A), substituted “; and” for “approved under section 6327 of this title, and”

   Source evidence

   Code amendment note
   Par. (3)(B)(i). Pub. L. 117–58, § 40108(a)(2)(A), substituted “; and” for “approved under section 6327 of this title, and”.

   Enacted provision · exact public law section
   (A) in paragraph (3)(B)(i), by striking “approved under section 367, and” ; and inserting “; and”;

9. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 § 40108(a)(2)(C) · 135 Stat. 429

   Redesignated · 42 U.S.C. § 6326(6); 42 U.S.C. § 6326(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (6), respectively, and moving the paragraphs so as to appear in numerical order;

12 of 12 references resolved to an enrolled provision