The Infrastructure Investment and Jobs Act, commonly referred to as the Bipartisan Infrastructure Law (BIL), introduces a new requirement for states to submit State Energy Security Plans (SESP) to receive federal financial assistance. You can find the full text of the provision in Section 40108 of BIL.

How To Create a State Energy Security Plan

State Energy Security Plans must assess the current energy security circumstances of the state and propose methods to strengthen energy security abilities of the state. Plans must include the following key elements:

  • Address all energy sources and regulated and unregulated energy providers.
  • Provide a state energy profile, including an assessment of energy production, transmission, distribution, and end-use.
  • Address potential physical and cybersecurity hazards to each energy sector or system.
  • Provide a risk assessment of energy infrastructure and cross-sector interdependencies.
  • Provide a risk mitigation approach to enhance reliability and end-use resilience.
  • Address multi-state and regional coordination, planning, and response and coordination with Indian Tribes with respect to planning and response.

Due Dates for State Energy Security Plans

State Energy Security Plans are due to the Department of Energy (DOE) by September 30 of each year (the end of the federal government’s fiscal year) beginning in 2022 and until 2025, as this requirement sunsets on Oct. 31, 2025.

Per the Consolidated Appropriations Act of 2022 and subsequent guidance in State Energy Program (SEP) Program Notice 22-02, effective April 6, 2022, SEP appropriations for Fiscal Year (FY) 2022 are exempt from the State Energy Security Plan requirement. However, the State Energy Security Plan requirement will apply to all future distributions of SEP funds.

More information on State Energy Security Plan requirements can be found in the Administrative and Legal Requirements (ALRD) document in the section below.

Relevant Guidance

  • SEP State Energy Security Plan Administrative and Legal Requirements Document (ALRD)—Issued March 28, 2022. 
    The purpose of this ALRD is to: 
    • Solicit applications for a portion of funding appropriated by Congress for State Energy Program formula awards in BIL to support completion of State Energy Security Plans. 
    • Alert states that all future distributions of financial assistance through the State Energy Program will require the submission to DOE of a State Energy Security Plan that meets the requirements set out by BIL.
  • SEP Program Notice 22-01: Program Year 2022 State Energy Program Formula Grant Application Instructions—Effective March 1, 2022.
    • The Application Instructions for Program Year (PY) 2022 of the State Energy Program may be a useful reference to accompany the State Energy Security Plan ALRD.
  • SEP Program Notice 22-02—Effective April 6, 2022. The program notice amends the grant application instructions regarding the preparation of PY 2022 SEP funding applications. Updated instructions are necessary in light of two developments:
    • Elimination of the cost match requirement in the Infrastructure Investment and Job Act of 2021. 
    • Exemption of FY 2022 SEP appropriations from the State Energy Security Plan requirement in the Consolidated Appropriations Act of 2022.

Additional Resources