42 U.S.C. § 6326
Section 6326 · Definitions
Current version, with additions and removals from the October 18, 1990 version.
As used in this part—
(1) The term “appliance” means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary 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 Secretary; 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 under section 6327 1 of this title, and
(ii) only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i).
Rules 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, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to May 1, 1989, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to be likely to maintain or 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 Secretary) 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 Secretary, 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 Secretary, 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 Secretary 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 August 14, 1976, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to—
(A) involve changing, in whole or in part, the 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 Secretary) 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) the useful life of the modification involved, as determined by the Secretary, 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.
(7) The term “public building” means any building which is open to the public during normal business hours.
(8) 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.
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).
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.
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.
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.
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.
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.
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.
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; 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.
The requirements of this section shall expire on October 31, 2025.