42 USC 18711 - Preventing outages and enhancing the resilience of the electric grid

U.S Code last checked for updates: Nov 26, 2024

§ 18711.

Preventing outages and enhancing the resilience of the electric grid

(a)

Definitions

In this section:

(1)

Disruptive event

(2)

Eligible entity

The term “eligible entity” means—

(A)

an electric grid operator;

(B)

an electricity storage operator;

(C)

an electricity generator;

(D)

a transmission owner or operator;

(E)

a distribution provider;

(F)

a fuel supplier; and

(G)

any other relevant entity, as determined by the Secretary.

(3)

Natural disaster

(4)

Power line

(5)

Program

(b)

Establishment of program

(c)

Grants to eligible entities

(1)

In general

The Secretary may make a grant under the program to an eligible entity to carry out activities that—

(A)

are supplemental to existing hardening efforts of the eligible entity planned for any given year; and

(B)

(i)

reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or

(ii)

increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.

(2)

Application

(A)

In general

(B)

Requirement

(3)

Limitation

(4)

Priority

(5)

Small utilities set aside

(d)

Grants to States and Indian Tribes

(1)

In general

(2)

Annual application

(A)

In general

(B)

Plan required

A plan prepared by a State or Indian Tribe for purposes of an application described in subparagraph (A) shall—

(i)

describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities;

(ii)

be adopted after notice and a public hearing; and

(iii)

describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe.

(3)

Distribution of funds

(A)

In general

(B)

Requirement

The formula referred to in subparagraph (A) shall be based on the following factors:

(i)

The total population of the State or Indian Tribe.

(ii)

(I)

The total area of the State or the land of the Indian Tribe; or

(II)

the areas in the State or on the land of the Indian Tribe with a low ratio of electricity customers per mileage of power lines.

(iii)

The probability of disruptive events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including—

(I)

disasters for which Fire Management Assistance Grants are provided under section 5187 of this title;

(II)

major disasters declared by the President under section 5170 of this title;

(III)

emergencies declared by the President under section 5191 of this title; and

(IV)

any other federally declared disaster or emergency in the State or on the land of the Indian Tribe.

(iv)

The number and severity, measured by population and economic impacts, of disruptive events experienced by the State or Indian Tribe on or after January 1, 2011.

(v)

The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of disruptive events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures.

(C)

Annual update of data used in distribution of funds

Beginning 1 year after November 15, 2021, the Secretary shall annually update—

(i)

all data relating to the factors described in subparagraph (B); and

(ii)

all other data used in distributing grants to States and Indian Tribes under this subsection.

(4)

Oversight

(5)

Priority

(6)

Small utilities set aside

(7)

Technical assistance and administrative expenses

Of the amounts made available to a State or Indian Tribe under the program each fiscal year, the State or Indian Tribe may use not more than 5 percent for—

(A)

providing technical assistance under subsection (g)(1)(A); and

(B)

administrative expenses associated with the program.

(8)

Matching requirement

(e)

Use of grants

(1)

In general

A grant awarded to an eligible entity under the program may be used for activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events, including—

(A)

weatherization technologies and equipment;

(B)

fire-resistant technologies and fire prevention systems;

(C)

monitoring and control technologies;

(D)

the undergrounding of electrical equipment;

(E)

utility pole management;

(F)

the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors;

(G)

vegetation and fuel-load management;

(H)

the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events, including—

(i)

microgrids; and

(ii)

battery-storage subcomponents;

(I)

adaptive protection technologies;

(J)

advanced modeling technologies;

(K)

hardening of power lines, facilities, substations, of 1

 So in original.

other systems; and

(L)

the replacement of old overhead conductors and underground cables.

(2)

Prohibitions and limitations

(A)

In general

A grant awarded to an eligible entity under the program may not be used for—

(i)

construction of a new—

(I)

electric generating facility; or

(II)

large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or

(ii)

cybersecurity.

(B)

Certain investments eligible for recovery

(i)

In general

Savings provision

(C)

Application limitations

(f)

Distribution of funding

Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that—

(1)

50 percent is used to award grants to eligible entities under subsection (c); and

(2)

50 percent is used to make grants to States and Indian Tribes under subsection (d).

(g)

Technical and other assistance

(1)

In general

The Secretary, States, and Indian Tribes may—

(A)

provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and

(B)

promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events.

(2)

Use of funds by the Secretary

Of the amounts made available to the Secretary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for—

(A)

providing technical assistance under paragraph (1)(A); and

(B)

administrative expenses associated with the program.

(h)

Matching requirement

(1)

In general

(2)

Exception for small utilities

(i)

Biennial report to Congress

(1)

In general

(2)

Requirements

The report under paragraph (1) shall include information and data on—

(A)

the costs of the projects for which grants are awarded to eligible entities;

(B)

the types of activities, technologies, equipment, and hardening measures funded by those grants; and

(C)

the extent to which the ability of the power grid to withstand disruptive events has increased.

(j)

Authorization of appropriations

(Pub. L. 117–58, div. D, title I, § 40101, Nov. 15, 2021, 135 Stat. 923.)

cite as: 42 USC 18711