MCC17632 S.L.C. 115TH CONGRESS 1ST SESSION S. ll To move the United States toward greater energy independence and security, to increase the flexibility, efficiency, and reliability of the electric grid, to increase the competitiveness of the United States economy, to protect consumers, and to improve the energy performance of the Federal Government, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll llllllllll introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To move the United States toward greater energy independence and security, to increase the flexibility, efficiency, and reliability of the electric grid, to increase the competitiveness of the United States economy, to protect consumers, and to improve the energy performance of the Federal Government, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Flexible Grid Infrastructure Act of 2017’’. MCC17632 S.L.C. 2 1 (b) TABLE OF CONTENTS.—The table of contents for 2 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Analysis of distributed energy resources, the value of grid services, and advanced transmission assets. Sec. 4. Electrification of vehicles and heating. Sec. 5. Privacy, security, and resilience. Sec. 6. Workforce development. Sec. 7. Flexible Grid Challenge 2022. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) ADMINISTRATOR.—The term ‘‘Adminis- 6 trator’’ means the Administrator of the Energy In- 7 formation Administration. 8 (2) COMMISSION.—The term ‘‘Commission’’ 9 means the Federal Energy Regulatory Commission. 10 (3) DISTRIBUTED 11 (A) IN ENERGY RESOURCE.— GENERAL.—The term ‘‘distributed 12 energy resource’’ means an electric device that 13 can produce or consume energy that is lo- 14 cated— 15 (i) on the distribution system or any 16 subsystem of the distribution system; or 17 (ii) behind a customer meter. 18 19 (B) INCLUSIONS.—The term ‘‘distributed energy resource’’ includes— 20 (i) an energy storage resource; 21 (ii) an energy generation technology; MCC17632 S.L.C. 3 1 (iii) a demand response resource; 2 (iv) an energy efficiency resource; 3 (v) an electric vehicle and associated 4 supply equipment and systems; and 5 (vi) aggregations and integrated con- 6 trol 7 plants, 8 microgrid cells. 9 systems, including microgrids, (4) ELECTRIC virtual and power networks of CONSUMER; ELECTRIC UTILITY; 10 RATE.—The 11 utility’’, and ‘‘rate’’ have the meanings given the 12 terms in section 3 of the Public Utility Regulatory 13 Policies Act of 1978 (16 U.S.C. 2602). 14 terms ‘‘electric consumer’’, ‘‘electric (5) ELECTRIC RELIABILITY ORGANIZATION.— 15 The term ‘‘Electric Reliability Organization’’ has the 16 meaning given the term in section 215(a) of the 17 Federal Power Act (16 U.S.C. 824o(a)). 18 (6) ENERGY STORAGE.—The term ‘‘energy 19 storage’’ means equipment or facilities capable of 20 absorbing energy, storing energy for a period of 21 time, and dispatching the stored energy, that— 22 (A) uses mechanical, electrochemical, hy- 23 droelectric, or thermal processes, as a single fa- 24 cility or as an aggregation of units, throughout 25 the electric grid, including behind the meter to MCC17632 S.L.C. 4 1 store energy generated at 1 time for use at a 2 later time; 3 (B) uses mechanical, electrochemical, hy- 4 droelectric, or thermal processes, as a single fa- 5 cility or as an aggregation of units, throughout 6 the electric grid, including behind the meter to 7 store energy generated from mechanical proc- 8 esses that would otherwise be wasted for deliv- 9 ery at a later time; or 10 (C) stores thermal energy for direct use for 11 heating or cooling at a later time in a manner 12 that avoids the need to use electricity at that 13 later time. 14 (7) GRANULAR.—The term ‘‘granular’’, with re- 15 spect to a rate or other price for electricity, means 16 that the rate or price is established based on precise 17 accounting of the value, as determined by the time 18 and location of the production or consumption of the 19 electricity and the unique type of energy services 20 being provided, of electrical energy, capacity, and 21 ancillary services, including— 22 (A) time-of-use rates; 23 (B) peak-time rebates; 24 (C) critical peak pricing; 25 (D) real-time pricing; MCC17632 S.L.C. 5 1 (E) transactive energy approaches; 2 (F) inverted time-of-use rates; 3 (G) forward-looking charges; 4 (H) 5 charges; and 6 7 peak-coincident capacity network (I) 3-part rates. (8) LIGHT-DUTY CONSUMER VEHICLE.—The 8 term ‘‘light-duty consumer vehicle’’ has the meaning 9 given the term ‘‘light-duty vehicle’’ in section 10 1037.801 of title 40, Code of Federal Regulations 11 (as in effect on the date of enactment of this Act). 12 (9) LOCATIONAL VALUE.—The term ‘‘locational 13 value’’, with respect to an electric grid service, 14 means value that is contingent on the physical loca- 15 tion where the electric grid service is delivered. 16 (10) MICROGRID.—The term ‘‘microgrid’’ 17 means a localized grid that can disconnect from the 18 traditional grid to operate autonomously and help 19 mitigate grid disturbances to strengthen grid resil- 20 ience. 21 (11) NATIONAL LABORATORY.—The term ‘‘Na- 22 tional Laboratory’’ has the meaning given the term 23 in section 2 of the Energy Policy Act of 2005 (42 24 U.S.C. 15801). MCC17632 S.L.C. 6 1 2 3 (12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. (13) STATE ENERGY OFFICE.—The term ‘‘State 4 energy office’’ has the meaning given the term in 5 section 124(a) of the Energy Policy Act of 2005 (42 6 U.S.C. 15821(a)). 7 (14) TEMPORAL VALUE.—The term ‘‘temporal 8 value’’, with respect to an electric grid service, 9 means value that is contingent on the time when the 10 11 electric grid service is delivered. (15) TRANSIT AGENCY.—The term ‘‘transit 12 agency’’ has the meaning given the term in section 13 630.3 of title 49, Code of Federal Regulations (as 14 in effect on the date of enactment of this Act). 15 (16) TRANSIT VEHICLE.—The term ‘‘transit ve- 16 hicle’’ has the meaning given the term ‘‘bus’’ in sec- 17 tion 1192.3 of title 36, Code of Federal Regulations 18 (as in effect on the date of enactment of this Act). 19 SEC. 3. ANALYSIS OF DISTRIBUTED ENERGY RESOURCES, 20 THE VALUE OF GRID SERVICES, AND AD- 21 VANCED TRANSMISSION ASSETS. 22 (a) DATA 23 FLEXIBILITY AND AND ANALYSIS FOR PROMOTING GRID OPTIMIZING DISTRIBUTED ENERGY 24 RESOURCES.—Section 921 of the Energy Policy Act of 25 2005 (42 U.S.C. 16211) is amended— MCC17632 S.L.C. 7 1 (1) by redesignating subsections (c) and (d) as 2 paragraphs (3) and (4), respectively, of subsection 3 (b) and indenting the paragraphs appropriately; 4 (2) in subsection (b)— 5 (A) in paragraph (1), in the matter pre- 6 ceding subparagraph (A), by inserting ‘‘re- 7 source’’ after ‘‘carry out distributed energy’’; 8 9 (B) in paragraph (2), by striking ‘‘subsection’’ and inserting ‘‘section’’; and 10 (C) in paragraphs (3) and (4) (as redesig- 11 nated by paragraph (1)), by striking ‘‘sub- 12 section (b)’’ each place it appears and inserting 13 ‘‘this subsection’’; 14 (3) by redesignating subsection (b) as sub- 15 section (h); 16 (4) in subsection (a), by striking the subsection 17 designation and heading and all that follows through 18 ‘‘The Secretary’’ in the first sentence and inserting 19 the following: 20 ‘‘(a) DEFINITIONS.—In this section: 21 ‘‘(1) COMMISSION.—The term ‘Commission’ 22 means the Federal Energy Regulatory Commission. 23 24 ‘‘(2) DISTRIBUTED ENERGY RESOURCE.—The term ‘distributed energy resource’ has the meaning MCC17632 S.L.C. 8 1 given the term in section 2 of the Flexible Grid In- 2 frastructure Act of 2017. 3 ‘‘(3) GRID 4 FLEXIBILITY.—The term ‘grid flexi- bility’ means the ability of a power system— 5 ‘‘(A) from an operational perspective, to 6 respond to changes in supply and demand, such 7 as abrupt changes in load conditions or sharp 8 ramps in generation; and 9 ‘‘(B) from a long-term planning and in- 10 vestment perspective, to respond to changes in 11 technology, markets and policy, without incur- 12 ring stranded assets. 13 14 ‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION.— 15 ‘‘(1) IN 16 (5) in subsection (b) (as so redesignated), in 17 the second sentence, by striking ‘‘The programs’’ 18 and inserting the following: 19 20 21 GENERAL.—The Secretary’’; ‘‘(2) REQUIREMENT.—The programs under this subsection’’; and (6) by inserting after subsection (b) (as so re- 22 designated) the following: 23 ‘‘(c) NATIONAL ASSESSMENT OF THE 24 DISTRIBUTED ENERGY RESOURCES.— 25 ‘‘(1) ASSESSMENTS.— POTENTIAL OF MCC17632 S.L.C. 9 1 ‘‘(A) IN GENERAL.—Not later than 1 year 2 after the date of enactment of the Flexible Grid 3 Infrastructure Act of 2017, and not less fre- 4 quently than once every 3 years thereafter, the 5 Commission and the Secretary shall conduct a 6 national assessment of the technical and eco- 7 nomic potential of distributed energy resources 8 to provide electric grid services, including serv- 9 ices that enhance grid flexibility and the reli- 10 ability, resilience, affordability, efficiency, and 11 security of the electric grid. 12 ‘‘(B) REQUIREMENTS.—In conducting an 13 assessment under subparagraph (A), the Com- 14 mission and the Secretary shall— 15 ‘‘(i) consider locational characteristics, 16 such as load pockets and electric grid con- 17 gestion; 18 ‘‘(ii) consider temporal characteristics, 19 such as hourly and subhourly electricity 20 generation costs and electricity network 21 costs; 22 ‘‘(iii) consider the specific electric grid 23 services identified by the study under sec- 24 tion 3(b) of the Flexible Grid Infrastruc- 25 ture Act of 2017; MCC17632 S.L.C. 10 1 ‘‘(iv) consider unique State regulatory 2 and market characteristics and regional 3 electric grid characteristics; 4 5 ‘‘(v) incorporate a range of scenarios, including scenarios that assume— 6 ‘‘(I) the existence of granular re- 7 tail 8 transactive energy approaches; 9 10 electricity rates, including ‘‘(II) no granular retail electricity rates; 11 ‘‘(III) the existence of electricity 12 market products that remunerate the 13 electric grid services provided by dis- 14 tributed 15 porating the results of the most recent 16 study under section 3(b) of the Flexi- 17 ble Grid Infrastructure Act of 2017; energy resources, incor- 18 ‘‘(IV) no electricity market prod- 19 ucts that remunerate the electric grid 20 services provided by distributed en- 21 ergy resources, incorporating the re- 22 sults of the most recent study under 23 section 3(b) of the Flexible Grid In- 24 frastructure Act of 2017; MCC17632 S.L.C. 11 1 2 ‘‘(V) various levels of renewable energy generation penetration; 3 ‘‘(VI) various levels of distributed 4 energy resource penetration, including 5 electric vehicles; 6 ‘‘(VII) the implementation of 7 transactive energy approaches as a 8 means of coordinating at scale large 9 numbers of distributed energy re- 10 sources; and 11 ‘‘(VIII) different deployment sce- 12 narios, such as individual technology 13 applications, combination technology 14 applications, and integrated control 15 system applications; 16 ‘‘(vi) include— 17 ‘‘(I) an analysis of the use of a 18 comprehensive suite of distributed en- 19 ergy resources; and 20 ‘‘(II) an assessment of the com- 21 petitive markets for each distributed 22 energy resource; 23 ‘‘(vii) consider various electric grid ar- 24 chitecture concepts and tools, including the MCC17632 S.L.C. 12 1 development of local energy networks inter- 2 connected with the electric grid; 3 ‘‘(viii) include an analysis of the ways 4 in which the different scenarios incor- 5 porated under clause (v) may impact the 6 broader energy system, such as the bulk 7 power system, the transmission network, 8 and natural gas infrastructure; 9 ‘‘(ix) assess any barriers to the ability 10 of distributed energy resources to provide 11 the identified electric grid services; 12 13 ‘‘(x) to the maximum extent practicable— 14 ‘‘(I) seek to use any relevant pre- 15 existing research and ongoing work; 16 and 17 ‘‘(II) avoid duplication of effort; 18 and 19 ‘‘(xi) conduct estimates for the 5-, 10- 20 , and 15-year periods beginning on the 21 date of enactment of the Flexible Grid In- 22 frastructure Act of 2017. 23 ‘‘(2) REPORTS.—Not later than 18 months 24 after the date of enactment of the Flexible Grid In- 25 frastructure Act of 2017, and not less frequently MCC17632 S.L.C. 13 1 than once every 3 years thereafter, the Commission 2 and the Secretary shall submit to Congress a report 3 describing the results of the most recent assessment 4 under paragraph (1) that includes— 5 ‘‘(A) a description of the details required 6 under clauses (i) through (xi) of paragraph 7 (1)(B); 8 ‘‘(B) data reported and analyzed— 9 ‘‘(i) on a nationwide basis; 10 11 ‘‘(ii) on a State basis, for each of the several States of the United States; 12 ‘‘(iii) by sector; 13 ‘‘(iv) by balancing authority; and 14 ‘‘(v) to reflect— 15 ‘‘(I) granular locational charac- 16 teristics, such as load pockets and 17 grid congestion; 18 ‘‘(II) granular temporal charac- 19 teristics, such as hourly and subhourly 20 electricity generation costs and elec- 21 tricity network costs; and 22 ‘‘(III) the specific electric grid 23 services identified by the study under 24 section 3(b) of the Flexible Grid In- 25 frastructure Act of 2017; MCC17632 S.L.C. 14 1 ‘‘(C) macroeconomic data, including an 2 analysis 3 economywide costs and benefits, energy produc- 4 tivity, retail rate impacts, and gross domestic 5 product; of any effects on job creation, 6 ‘‘(D) a description of the methodology used 7 to conduct the assessment described in para- 8 graph (1); and 9 ‘‘(E) policy recommendations— 10 ‘‘(i) to achieve the estimated potential 11 identified by the assessment under para- 12 graph (1)(A); 13 ‘‘(ii) to promote the development of 14 competitive markets for distributed energy 15 resources 16 (1)(B)(vi)(II); and 17 18 19 assessed under paragraph ‘‘(iii) to address the barriers described in paragraph (1)(B)(ix). ‘‘(3) REDUCING DUPLICATION OF EFFORT.—In 20 conducting the assessment under paragraph (1), the 21 Commission and the Secretary shall use, to the max- 22 imum extent practicable, data and studies in exist- 23 ence as of the date of the assessment in an effort 24 to reduce the potential for duplication of effort. MCC17632 S.L.C. 15 1 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall 2 provide technical assistance to energy distribution utilities, 3 State energy regulators, State energy offices, third-party 4 energy service providers, wholesale market operators, and 5 other interested parties relating to— 6 7 ‘‘(1) use of the data and modeling tools provided under this section; and 8 ‘‘(2) the general planning and market analysis 9 required for cost-effective deployment of distributed 10 energy resources and grid flexibility assets. 11 ‘‘(e) VOLUNTARY NATIONAL ACTION PLAN 12 13 TRIBUTED ON DIS- ENERGY RESOURCES.— ‘‘(1) IN GENERAL.—Not later than 1 year after 14 the date of submission of the initial report required 15 under subsection (c)(2), the Secretary, in consulta- 16 tion with the Commission, shall develop a voluntary 17 national action plan to unlock the potential of dis- 18 tributed energy resources to provide electric grid 19 services, which shall be based on the assessments re- 20 quired under subsection (c)(1). 21 ‘‘(2) REQUIREMENTS.—In developing the vol- 22 untary national action plan under this subsection, to 23 the maximum extent practicable, the Secretary 24 shall— MCC17632 S.L.C. 16 1 ‘‘(A) use relevant information contained in 2 the National Action Plan on Demand Response 3 prepared by the Commission, Docket No. 4 AD09–10, dated June 17, 2010; and 5 ‘‘(B) solicit participation, and take into 6 consideration comments, from other Federal 7 agencies, the National Laboratories, the Na- 8 tional Academy of Sciences, State and local 9 governments, industry, research institutions, 10 nonprofit organizations, consumer advocates, 11 and other interested parties. 12 ‘‘(3) INCLUSIONS.—The voluntary national ac- 13 tion plan developed under this subsection shall in- 14 clude provisions for— 15 ‘‘(A) the identification of requirements for 16 technical assistance to States to allow States to 17 maximize distributed energy resource potential 18 that can be developed and deployed cost-effec- 19 tively; 20 ‘‘(B) the design of a national communica- 21 tions program that includes broad-based cus- 22 tomer education and support; and 23 ‘‘(C) the identification or development of 24 analytical tools, information, model regulatory 25 provisions, model contracts, and other support MCC17632 S.L.C. 17 1 materials for use by customers, States, utilities, 2 and demand response providers.’’. 3 4 5 (b) STUDY ON VALUATION OF ELECTRIC GRID SERVICES.— (1) IN GENERAL.—Not later than 1 year after 6 the date of enactment of this Act, and not less fre- 7 quently than once every 3 years thereafter, the Sec- 8 retary and the Commission shall conduct a com- 9 prehensive study that— 10 (A) incorporates the assessment required 11 under subsection (c)(1) of section 921 of the 12 Energy Policy Act of 2005 (42 U.S.C. 16211); 13 14 15 16 17 18 19 20 (B) identifies and analyzes— (i) all electric grid services that can be provided, including— (I) emerging electric grid service needs; and (II) electric grid services that can be provided by— (aa) conventional energy 21 technologies, such as centralized 22 thermal generation units and 23 electricity 24 structure; transmission infra- MCC17632 S.L.C. 18 1 (bb) utility-scale renewable 2 energy generation technologies; 3 and 4 (cc) emerging energy tech- 5 nologies, such as grid-scale en- 6 ergy storage and distributed en- 7 ergy resources; 8 (ii)(I) the specific electric grid serv- 9 ices, the value of which is conditioned by 10 locational value and temporal value; and 11 (II) the degree of effect of location 12 and time on the value of the electric grid 13 services identified under subclause (I); 14 (iii) for each electric grid service iden- 15 tified under clauses (i) and (ii), the specific 16 technologies (including the technologies 17 identified under clause (i)(II)) that have 18 the capacity to provide the electric grid 19 service, including an analysis of the extent 20 to which a given technology can provide a 21 given electric grid service; and 22 (iv) the effect of integrated energy 23 control systems (such as microgrids) on 24 the value of grid services; MCC17632 S.L.C. 19 1 (C) quantifies the estimated value of those 2 electric grid services, taking into consideration 3 input from relevant industry stakeholders and 4 unique regulatory and regional electricity sys- 5 tem characteristics; and 6 (D) identifies— 7 (i) any barriers to wholesale market 8 participation for distributed energy re- 9 sources; and 10 (ii) the most effective mechanisms for 11 opening electricity markets to increased 12 competition, consumer choice, and innova- 13 tion. 14 (2) PUBLIC COMMENT.—In conducting the 15 study under paragraph (1), the Secretary and the 16 Commission shall solicit relevant public comments. 17 (3) CONSULTATION.—As soon as practicable 18 after the date of enactment of this Act, in con- 19 ducting the study under paragraph (1), the Sec- 20 retary and the Commission shall engage a broad set 21 of experts from other Federal agencies, the National 22 Laboratories, the National Academy of Sciences, 23 States, Tribal governments, units of local govern- 24 ment, industry, research institutions, nonprofit orga- MCC17632 S.L.C. 20 1 nizations, consumer advocates, and other interested 2 parties. 3 (4) REPORTS.—Not later than 18 months after 4 the date of enactment of this Act, and not less fre- 5 quently than once every 3 years thereafter, the Sec- 6 retary and the Commission shall submit to Congress 7 a report describing the results of the most recent 8 study conducted under paragraph (1). 9 (c) MODELING.— 10 (1) IN GENERAL.—The Secretary, in consulta- 11 tion with the Administrator, shall expand modeling 12 capabilities for the electric power sector to more ac- 13 curately reflect the role of distributed energy re- 14 sources in current and future energy consumption 15 and in the optimization of the electric grid. 16 (2) GRID OPTIMIZATION IN THE CONTEXT OF 17 DER AND STORAGE.—Not 18 date of submission of the initial report required 19 under subsection (c)(2) of section 921 of the Energy 20 Policy Act of 2005 (42 U.S.C. 16211), the Sec- 21 retary, in consultation with the Administrator and 22 the Commission, shall provide modeling tools to as- 23 sist energy distribution utilities, State regulatory au- 24 thorities, State energy offices, third-party energy 25 service providers, and wholesale market operators in later than 1 year after the MCC17632 S.L.C. 21 1 the planning and market analysis required for cost- 2 effective optimization of the electric grid and deploy- 3 ment of distributed energy resources and grid-scale 4 energy storage, including modeling tools for assess- 5 ing individual technologies, combinations of tech- 6 nologies, or integrated control system applications. 7 (3) DATA AND METHODOLOGIES.—The mod- 8 eling tools provided under paragraph (2) shall incor- 9 porate the data and methodologies used to produce 10 the reports required under subsection (c)(2) of sec- 11 tion 921 of the Energy Policy Act of 2005 (42 12 U.S.C. 16211). 13 (4) NATIONAL ENERGY MODELING SYSTEMS 14 (NEMS) 15 continue to evaluate options for expanding the capa- 16 bility of the National Energy Modeling Systems 17 Electricity Market Module to accurately represent 18 the complexity of the electric power sector, including 19 by— 20 electric power sector data; and 22 (B) including the services provided by dis- 23 25 Administrator shall (A) incorporating hourly and subhourly 21 24 DEVELOPMENT.—The tributed energy resources and energy storage. (d) STUDY MISSION OF BARRIERS TECHNOLOGIES.— TO ADVANCED TRANS- MCC17632 S.L.C. 22 1 (1) IN GENERAL.—Not later than 1 year after 2 the date of enactment of this Act, to enable deploy- 3 ment of technologies that cost-effectively increase ex- 4 isting transmission capacity use, the Secretary, in 5 consultation with relevant stakeholders, shall con- 6 duct a study to identify, analyze, and develop rec- 7 ommendations for removing barriers to the valuation 8 and deployment of advanced materials and tech- 9 nologies for new and existing transmission, such as 10 advanced technologies that enhance reliability, secu- 11 rity, efficiency, capacity, and affordability through 12 visibility, analytics, and controls. 13 (2) CONSULTATION.—As soon as practicable 14 after the date of enactment of this Act, in con- 15 ducting the study under paragraph (1), the Sec- 16 retary shall engage stakeholders and experts from 17 other Federal agencies, the National Laboratories, 18 States, Tribal governments, units of local govern- 19 ment, industry, research institutions, nonprofit orga- 20 nizations, and other interested parties. 21 (3) REPORTS.—Not later than 18 months after 22 the date of enactment of this Act, the Secretary 23 shall submit to Congress a report describing— 24 25 (A) the recommendations developed under the study conducted under paragraph (1); MCC17632 S.L.C. 23 1 (B) a framework for future research into 2 removing the barriers identified and analyzed 3 under the study, based on— 4 (i) the recommendations developed 5 under the study; and 6 (ii) research on transmission capacity 7 use, performance from synchrophasor in- 8 formation, advanced conductors, advanced 9 transmission tower designs, dynamic line 10 rating, advanced power flow control, and 11 energy storage; and 12 (C) the methodology used in the study, in- 13 cluding the methodology used to produce the 14 recommendations developed under the study. 15 (e) DER DATA CLEARINGHOUSE.—Not later than 16 180 days after the date of submission of the initial report 17 required under subsection (c)(2) of section 921 of the En18 ergy Policy Act of 2005 (42 U.S.C. 16211), the Secretary 19 and the Commission shall establish on the Internet a 20 clearinghouse of nonpersonally identifiable data relating to 21 distributed energy resources, including the data used to 22 conduct the assessment and report under paragraphs (1) 23 and (2), respectively, of subsection (c) of section 921 of 24 the Energy Policy Act of 2005 (42 U.S.C. 16211), ex25 pressed— MCC17632 S.L.C. 24 1 (1) on a nationwide basis; 2 (2) on a State basis, for each of the several 3 States of the United States; 4 (3) by sector; and 5 (4) to reflect— 6 (A) granular locational characteristics, 7 such as load pockets and electric grid conges- 8 tion; 9 (B) granular temporal characteristics, such 10 as hourly and subhourly electricity generation 11 costs and electricity network costs; and 12 (C) the specific electric grid services identi- 13 fied by the study under section 3(b). 14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to carry out this section (in16 cluding the amendments made by this section) 17 $50,000,000, to remain available for a period of 10 years 18 following the fiscal year for which the amounts were ap19 propriated. 20 SEC. 4. ELECTRIFICATION OF VEHICLES AND HEATING. 21 22 23 (a) RESEARCH, DEVELOPMENT, TION AND DEMONSTRA- ACTIVITIES.— (1) IN GENERAL.—In accordance with para- 24 graphs (2) and (3), the Secretary shall conduct a 25 program of research, development, and demonstra- MCC17632 S.L.C. 25 1 tion activities to advance the electrification of trans- 2 portation, heating (including water heating and 3 space heating), and other technologies, including by 4 identifying ways to increase the resilience, efficiency, 5 and environmental performance of the electric grid. 6 7 8 (2) HEATING RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES.— (A) IN GENERAL.—Not later than 180 9 days after the date of enactment of this Act, 10 the Secretary shall initiate research, develop- 11 ment, and demonstration activities— 12 (i) to develop the ability of electric 13 heating technologies (including water heat- 14 ing and space heating) to provide value to 15 electricity systems, including by operating 16 as an energy storage resource used on a 17 regular basis as part of grid operation to 18 improve the operational efficiency of the 19 electric grid; 20 21 (ii) to advance the technical understanding of— 22 (I) the manner in which electric 23 heating technologies are controlled 24 and optimized, including by advancing MCC17632 S.L.C. 26 1 telemetry and embedded metrology; 2 and 3 (II) the practices of transmitting 4 secure data over the Internet, a utility 5 system, or other mechanism, with a 6 means for implementation, such as a 7 standard; 8 (iii) to optimize electric heating tech- 9 10 11 12 nologies for— (I) the integration of renewable energy technologies; and (II) the reduction of greenhouse 13 gases and other pollutants; 14 (iv) to investigate the technical, eco- 15 nomic, and legal details of using electric 16 heating technologies for a range of electric 17 grid services, including— 18 (I) energy storage; 19 (II) demand response; and 20 (III) frequency regulation and 21 other ancillary services; 22 (v) to diminish the market barriers to 23 the broad adoption of heating technologies 24 with digital control and communication MCC17632 S.L.C. 27 1 technologies that enable grid interoper- 2 ability and integration; 3 (vi) to address nonrecurring engineer- 4 ing costs associated with the development 5 of interoperable electric heating tech- 6 nologies; 7 (vii) to investigate and implement ap- 8 proaches to the aggregation, wholesale 9 electricity marketing, and, to the maximum 10 extent practicable, retail electricity mar- 11 keting of electric grid services provided by 12 electric heating, including research into the 13 use of transactive energy systems as a 14 means of enabling efficient operations; 15 (viii) to investigate and implement 16 programs to improve the access to, and af- 17 fordability of, electric heating technologies 18 for low-income populations; 19 (ix) to implement innovative consumer 20 marketing and contracting models, includ- 21 ing pricing approaches (including con- 22 sumer access to wholesale market pricing 23 signals), that co-optimize customer benefits 24 and electric grid benefits; MCC17632 S.L.C. 28 1 2 (x) to demonstrate best practices for— 3 4 (I) customer participation and satisfaction; and 5 (II) maximizing customer bene- 6 fits; 7 (xi) to investigate and implement 8 user-friendly equipment financing models 9 linked to the marketing of electric grid 10 services, including the means by which the 11 electric grid services provided by electric 12 heating technologies can help finance the 13 cost of the electric heating technology; and 14 (xii) to develop a methodology for 15 modeling load increases expected from the 16 deployment of electric heating technologies. 17 (B) CONSULTATION.—As soon as prac- 18 ticable after the date of enactment of this Act, 19 in carrying out the activities under subpara- 20 graph (A), the Secretary shall consult with 21 stakeholders, including— 22 (i) other Federal agencies; 23 (ii) the National Laboratories; 24 (iii) States; 25 (iv) Tribal governments; MCC17632 S.L.C. 29 1 (v) units of local government; 2 (vi) electric utilities, such as investor- 3 owned electric utilities, publicly owned elec- 4 tric utilities, and electric cooperatives; 5 6 (vii) private companies, including energy technology manufacturers; 7 8 (viii) third-party energy service providers; 9 10 11 12 13 14 (ix) institutions of higher education; and (x) nonprofit organizations. (3) ELECTRIC VEHICLE RESEARCH, DEVELOP- MENT, AND DEMONSTRATION ACTIVITIES.— (A) IN GENERAL.—Not later than 180 15 days after the date of enactment of this Act, 16 the Secretary, in collaboration with the Sec- 17 retary of Transportation, shall initiate research, 18 development, and demonstration activities— 19 (i) to advance the co-optimization of 20 electrified transportation and electricity 21 systems, including by identifying ways to 22 increase the resilience, efficiency, and envi- 23 ronmental performance of the electric grid 24 and the transportation system; MCC17632 S.L.C. 30 1 2 (ii) to advance the technical understanding of— 3 (I) the manner in which vehicle 4 charging systems are controlled and 5 optimized, including by advancing ve- 6 hicle and charging station telemetry 7 and embedded metrology; and 8 (II) the practices of transmitting 9 secure data over the Internet, a utility 10 system, or other mechanism, with a 11 means for implementation, such as a 12 standard; 13 (iii) to optimize electric vehicles for 14 the integration of renewable energy tech- 15 nologies and the reduction of greenhouse 16 gases and other pollutants; 17 (iv) to investigate the technical, eco- 18 nomic, and legal details of using fleet, 19 transit, and municipal vehicle batteries for 20 a range of electric grid services, includ- 21 ing— 22 (I) demand response; 23 (II) frequency regulation and 24 other ancillary services; and MCC17632 S.L.C. 31 1 (III) energy output, or full-scale 2 vehicle-to-electric grid, operations; 3 (v) to investigate the co-optimization 4 of the electrification of transportation with 5 advancements in autonomous vehicles and 6 the use of vehicles for ride sharing, includ- 7 ing by— 8 (I) studying consumer participa- 9 tion and other behavioral challenges, 10 including incentives that promote co- 11 optimization; and 12 (II) researching challenges and 13 opportunities relating to the optimiza- 14 tion of electric grid operations in the 15 context of autonomous vehicle and 16 ride-sharing usage patterns, including 17 the use of energy storage in charging 18 systems; 19 (vi) to investigate, in collaboration 20 with the Commission, approaches to the 21 aggregation, 22 keting, and, to the maximum extent prac- 23 ticable, retail electricity marketing of elec- 24 tric grid services provided by electric vehi- 25 cles, including research into the use of wholesale electricity mar- MCC17632 S.L.C. 32 1 transactive energy systems as a means of 2 enabling vehicle-electric grid integration; 3 (vii) to implement innovative con- 4 sumer marketing and contracting models, 5 including pricing approaches (including 6 consumer access to wholesale market pric- 7 ing signals), that co-optimize transpor- 8 tation benefits and electric grid benefits, 9 including by maximizing the value of the 10 vehicle services to the electric grid while 11 also maximizing value to the consumer (in- 12 cluding by maximizing the flexibility of use 13 of the vehicle to the driver or rider); 14 (viii) to investigate and implement 15 user-friendly electric vehicle and related 16 equipment financing models linked to the 17 marketing of electric grid services, includ- 18 ing the means by which the electric grid 19 services provided by an electric vehicle can 20 help finance the cost of the vehicle; 21 (ix) to investigate and implement pro- 22 grams to improve the access to, and af- 23 fordability of, electric vehicles for low-in- 24 come populations; MCC17632 S.L.C. 33 1 (x)(I) to advance best practices for 2 manufacturers of electric vehicles, charging 3 equipment, and systems; and 4 (II) to embed those practices in pro- 5 grams and grant opportunities of the De- 6 partment of Energy to leverage competitive 7 market 8 incentivize more rapid and widespread 9 adoption; electric vehicle products and 10 (xi) to assist electric utilities and 11 transit agencies in collaboratively planning 12 an electrified fleet; 13 (xii) to investigate the use of fleet, 14 transit, and municipal vehicle batteries as 15 power sources for community shelter facili- 16 ties during emergencies; 17 (xiii) to develop analytical tools and fi- 18 nancial models to assist electric utilities 19 and transit agencies in assessing electric 20 utility and infrastructure requirements to 21 support 22 nologies and charging profiles, including 23 analytic tools— 24 25 selected transit vehicle tech- (I) to optimize the total cost of ownership; MCC17632 S.L.C. 34 1 (II) to develop electrification 2 route maps and transition plans, with 3 quantitative estimates of the popu- 4 lation-weighted reductions in pollutant 5 exposure from electrification of spe- 6 cific routes, including criteria pollut- 7 ants and new pollutants of concern; 8 and 9 (III) to articulate the strategy 10 and timelines for transitioning to 11 zero-emission vehicles; 12 (xiv) to investigate scenarios for the 13 sharing of battery assets for the purpose of 14 maximizing cost-performance and battery 15 use, including— 16 (I) scenarios that optimize shared 17 usage between transit agencies and 18 electric utilities over the lifecycle of 19 the battery; 20 (II) incentives for an entity (such 21 as an electric utility) to provide fund- 22 ing to reduce initial premium costs 23 by— MCC17632 S.L.C. 35 1 (aa) owning the battery of a 2 transit agency transit vehicle; 3 and 4 (bb) charging the battery 5 using smart charging; and 6 (III) enabling the entity to repo- 7 sition the battery into stationary use 8 after the battery has served the ex- 9 pected life of the battery in mobility 10 use; 11 (xv) to develop a methodology for 12 modeling load increases expected from elec- 13 trifying the transportation sector; and 14 (xvi) to investigate the deployment of 15 electric vehicle technologies and charging 16 infrastructure within scalable and inte- 17 grated energy management systems as part 18 of community energy infrastructure devel- 19 opment. 20 (B) CONSULTATION.—As soon as prac- 21 ticable after the date of enactment of this Act, 22 in carrying out the activities under subpara- 23 graph (A), the Secretary shall consult with 24 stakeholders, including— 25 (i) vehicle manufacturers, including— MCC17632 S.L.C. 36 1 2 (I) manufactures of light-, medium-, and heavy-duty vehicles; and 3 (II) transit vehicle manufactur- 4 ers; 5 (ii) electric utilities, such as investor- 6 owned electric utilities, publicly owned elec- 7 tric utilities, and electric cooperatives; 8 9 (iii) third-party energy service providers; 10 (iv) transit agencies; 11 (v) fleet operators; 12 (vi) private companies, including en- 13 ergy technology manufacturers and battery 14 manufacturers; 15 (vii) other Federal agencies; 16 (viii) the National Laboratories; 17 (ix) States; 18 (x) Tribal governments; 19 (xi) units of local government; 20 (xii) nonprofit organizations; 21 (xiii) institutions of higher education; 22 (xiv) electric vehicle supply equipment 23 and charging infrastructure manufactur- 24 ers; and 25 (xv) battery manufacturers. MCC17632 S.L.C. 37 1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $100,000,000, to remain available for a period of 10 years 4 following the fiscal year for which the amounts were ap5 propriated. 6 7 SEC. 5. PRIVACY, SECURITY, AND RESILIENCE. (a) PROTECTING PRIVACY AND SECURITY.—In car- 8 rying out this Act, the Secretary, the Administrator, and 9 the Secretary of Homeland Security shall identify, incor10 porate, and follow best practices for protecting the privacy 11 of individuals and businesses and the respective sensitive 12 data of the individuals and businesses, including by man13 aging privacy risk and implementing the Fair Information 14 Practice Principles of the Federal Trade Commission for 15 the collection, use, disclosure, and retention of individual 16 electric consumer information in accordance with the Of17 fice of Management and Budget Circular A–130 (or suc18 cessor circulars). 19 20 (b) PERSONAL PROTECTIONS SONAL FOR SENSITIVE PER- DATA.—No Federal entity shall request the cre- 21 ation, recording, or collection of data identified to an indi22 vidual person as a result of this Act. 23 (c) LAW ENFORCEMENT REQUIREMENTS.— 24 (1) DEFINITIONS.—In this subsection: MCC17632 S.L.C. 38 1 (A) GOVERNMENTAL ENTITY.—The term 2 ‘‘governmental entity’’ has the meaning given 3 that term in section 2711 of title 18, United 4 States Code. 5 (B) JUDGE OF COMPETENT JURISDICTION; 6 STATE.—The 7 diction’’ and ‘‘State’’ have the meanings given 8 such terms in section 2510 of title 18, United 9 States Code. 10 (2) terms ‘‘judge of competent juris- CONSUMER INFORMATION.—A govern- 11 mental entity may obtain from an electric utility, 12 third party aggregator, or other nongovernmental 13 entity under an administrative subpoena authorized 14 by a Federal or State statute or a Federal or State 15 grand jury or trial subpoena the— 16 (A) name of an electric consumer; 17 (B) address of an electric consumer; 18 (C) length of service (including start date) 19 of, and types of service used by, an electric con- 20 sumer; and 21 (D) means and source of payment for such 22 service (including any credit card or bank ac- 23 count number) of an electric consumer. 24 (3) ELECTRIC 25 USAGE INFORMATION.—A gov- ernmental entity may only require the disclosure by MCC17632 S.L.C. 39 1 an electric utility, third party aggregator, or other 2 nongovernmental entity of information regarding the 3 use of electricity by an electric consumer (including 4 monthly usage data, data at a greater level of detail 5 or specificity, and information about electric use by 6 specific appliances) pursuant to a warrant issued 7 based on probable cause, using the procedures de- 8 scribed in the Federal Rules of Criminal Procedure 9 (or, in the case of a State court, issued using State 10 warrant procedures) by a court of competent juris- 11 diction. 12 13 (4) NOTICE.— (A) IN GENERAL.—Not later than 30 days 14 after obtaining a warrant for electric usage in- 15 formation described in paragraph (3), a govern- 16 mental entity shall notify each electric con- 17 sumer whose information was obtained. 18 (B) DELAY 19 (i) IN OF NOTICE.— GENERAL.—Upon application 20 by a governmental entity, a judge of com- 21 petent jurisdiction may issue an order au- 22 thorizing the governmental entity to delay 23 notice under subparagraph (A) for a period 24 of not more than 180 days if the judge MCC17632 S.L.C. 40 1 finds reason to believe notifying the elec- 2 tric consumer of the order will result in— 3 (I) endangering the life or phys- 4 ical safety of an individual; 5 (II) flight from prosecution; 6 (III) destroying of or tampering 7 8 9 with evidence; (IV) intimidation of potential witnesses; or 10 (V) otherwise seriously jeopard- 11 izing an investigation or unduly delay- 12 ing a trial. 13 (ii) UNLIMITED RENEWALS.—Upon 14 application by a governmental entity, a 15 judge of competent jurisdiction may renew 16 an order delaying notice under clause (i) 17 for additional periods of not longer than 18 180 days if the judge makes a finding de- 19 scribed in clause (i). 20 (5) SUPPRESSION.—Any electric usage informa- 21 tion described in paragraph (3), or evidence directly 22 or indirectly derived from such information, may not 23 be received in evidence in any trial, hearing, or other 24 proceeding in or before any court, grand jury, de- 25 partment, officer, agency, regulatory body, legislative MCC17632 S.L.C. 41 1 committee, or other authority of the United States, 2 a State, or a political subdivision thereof if the ob- 3 taining of the information was not conducted in ac- 4 cordance with this subsection. 5 (6) REPORTING.— 6 (A) BY GOVERNMENTAL ENTITIES.—In 7 January of each year, each governmental entity 8 shall submit to the Administrative Office of the 9 United States Courts information regarding any 10 warrant described in paragraph (3) that was 11 sought or obtained by the governmental entity 12 during the previous year, including— 13 (i) the number of warrants described 14 in paragraph (3) sought by the govern- 15 mental entity; 16 (ii) the number of warrants described 17 in paragraph (3) obtained by the govern- 18 mental entity; and 19 (iii) for each warrant described in 20 paragraph (3) sought or obtained by the 21 governmental entity— 22 23 24 25 (I) the offense specified in the application; and (II) the identity of the officer applying for the warrant. MCC17632 S.L.C. 42 1 (B) REPORT TO CONGRESS.—As part of 2 the report submitted under section 2519(3) of 3 title 18, United States Code, the Administrative 4 Office of the United States Courts shall provide 5 to Congress, with respect to the previous year— 6 (i) the number of warrants described 7 in paragraph (3) sought by governmental 8 entities; 9 (ii) the number of warrants described 10 in paragraph (3) obtained by governmental 11 entities; and 12 (iii) a summary and analysis of the 13 data required to be filed with the Adminis- 14 trative Office under subparagraph (A). 15 16 17 18 19 (d) MANAGING EMERGING THREATS TRIC TO THE ELEC- GRID.— (1) MODEL STANDARDS FOR THE DISTRIBU- TION GRID.— (A) IN GENERAL.—Not later than 1 year 20 after the date of enactment of this Act, the Sec- 21 retary shall develop model standards to assist 22 States, electric cooperatives, and publicly owned 23 electric utilities in the voluntary updating of 24 standards for resource planning, energy assur- 25 ance planning, ensuring distribution-grid reli- MCC17632 S.L.C. 43 1 ability from natural disasters, and improving 2 security with respect to cyber and physical 3 threats, taking into consideration— 4 (i) the increased use of smart grid 5 technologies, variable energy generation, 6 energy storage, and distributed energy re- 7 sources; 8 9 (ii) standards for critical infrastructure; and 10 (iii) emerging and rapidly evolving 11 hazards. 12 (B) CONSULTATION.—As soon as prac- 13 ticable after the date of enactment of this Act, 14 in developing the model standards under sub- 15 paragraph (A), the Secretary shall consult 16 with— 17 (i) States; 18 (ii) utilities, such as investor-owned 19 electric utilities, publicly owned utilities, 20 and electric cooperatives; 21 22 (iii) third-party energy service providers; 23 (iv) other Federal agencies; 24 (v) the Electric Reliability Organiza- 25 tion; MCC17632 S.L.C. 44 1 2 (vi) private companies, including energy technology manufacturers; 3 (vii) the National Laboratories; 4 (viii) nonprofit organizations; and 5 (ix) institutions of higher education. 6 (2) EQUIPMENT STANDARDS AND TESTING PRO- 7 CEDURES.—Not 8 enactment of this Act, the Secretary, in collaboration 9 with the Secretary of Commerce (acting through the 10 Director of the National Institute of Standards and 11 Technology), electric utilities, States, and standard- 12 making organizations, shall— later than 3 years after the date of 13 (A) evaluate whether new performance 14 standards and testing procedures are needed to 15 ensure electrical equipment resilience in the 16 face of emerging and rapidly evolving hazards 17 (like cyber and physical threats and natural dis- 18 asters) taking into consideration the increased 19 use of smart grid technologies, variable energy 20 generation, energy storage, distributed energy 21 resources, and capabilities for autonomous en- 22 ergy systems integration and management 23 (such as islandable microgrids); and MCC17632 S.L.C. 45 1 (B) develop and submit to Congress a set 2 of recommendations for distribution equipment 3 manufacturers to voluntarily— 4 (i) minimize disruptions of inter- 5 connected distributed energy resources and 6 associated data feeds, especially during 7 critical peak demand; and 8 9 10 (ii) support the reliability and resilience of the distribution grid. (e) DEVELOPMENT 11 ANALYSIS METHODS 12 (1) IN FOR OF UNIFORM COST-BENEFIT SECURITY GENERAL.—Not AND RESILIENCE.— later than 1 year after 13 the date of enactment of this Act, the Secretary 14 shall develop and submit to Congress a set of meth- 15 ods and guidelines for calculating the costs and ben- 16 efits of investments in resilience and security solu- 17 tions for the electric grid, including— 18 (A) the development of uniform and tech- 19 nology-neutral methods for valuing electric grid 20 reliability and security, taking into consider- 21 ation the results of the study conducted under 22 section 3(b); 23 (B) guidelines for valuing the management 24 of risks associated with high-impact events, 25 such as threats related to cyber or physical at- MCC17632 S.L.C. 46 1 tacks, natural disasters, or combined threats, 2 including the value of State and local energy as- 3 surance planning and investment; and 4 (C) methods on how to quantify the secu- 5 rity and resilience benefits that are unique to 6 distributed energy resources and grid-scale en- 7 ergy storage. 8 (2) CONSULTATION.—As soon as practicable 9 after the date of enactment of this Act, in devel- 10 oping the methods and guidelines under paragraph 11 (1), the Secretary shall consult with industry and 12 government stakeholders, including the stakeholders 13 described in subsection (d)(1)(B). 14 15 SEC. 6. WORKFORCE DEVELOPMENT. (a) IN GENERAL.—Not later than 1 year after the 16 date of enactment of this Act, the Secretary, in collabora17 tion with the Secretary of Labor and the Secretary of 18 Commerce, shall enhance and align current electricity sec19 tor workforce development and training programs to sat20 isfy training requirements relating to the increasing com21 plexity of the electric grid, including developing the abili22 ties— 23 (1) to manage the smart grid and the increased 24 digitization and connectivity of consumer devices and MCC17632 S.L.C. 47 1 the energy system, including managing cybersecurity 2 risks; and 3 (2) to optimize the electric grid in the context 4 of the increasing penetration of distributed energy 5 resources, energy storage, variable renewable energy 6 generation, electric vehicles, and new information, 7 communication, and control capabilities involved in 8 energy systems management. 9 (b) INITIATIVES.—In carrying out subsection (a), the 10 Secretary shall— 11 (1) in collaboration with electric utilities, tech- 12 nology providers to the utility industry, academic in- 13 stitutions, nonprofit organizations, and Federal 14 agencies (such as the Department of Labor, the Na- 15 tional Science Foundation, the Department of Com- 16 merce, the Department of Education, and the De- 17 partment of Defense), coordinate Federal initiatives 18 on electricity sector education and training, includ- 19 ing by— 20 (A) establishing programs to facilitate na- 21 tional training credentials in new electricity 22 technologies; 23 24 (B) developing appropriate curricula for community colleges; and MCC17632 S.L.C. 48 1 (C) fostering lifelong learning relating to 2 new electricity technologies; 3 (2) expand existing Department of Energy 4 training programs to increase the number of intern- 5 ships, fellowships, traineeships, and registered ap- 6 prenticeships; 7 8 (3) in collaboration with the Secretary of Labor, develop workforce training curricula; 9 (4) in collaboration with the Secretary of 10 Labor, improve labor market information on the 11 changing requirements for skilled technical workers 12 to better align workforce development with advances 13 in science and technology; 14 (5) in collaboration with the Secretary of 15 Labor, the Secretary of Defense, and the Secretary 16 of Veterans Affairs, create workforce opportunities 17 for veterans; 18 (6) in collaboration with the Secretary of 19 Labor, create workforce opportunities that— 20 (A) expand workforce diversity; and 21 (B) provide to low- and moderate-income 22 individuals job training that is aligned with in- 23 demand jobs; and 24 25 (C) make use of partnerships between management and labor; MCC17632 S.L.C. 49 1 (7) in collaboration with the Secretary of 2 Labor, the Secretary of Defense, and other relevant 3 agencies, develop a single resource web portal to in- 4 form industry and potential employees about the 5 Federal agency workforce development initiatives 6 and resources; 7 8 (8) develop workforce assessment tools to complement training programs; and 9 (9) support and facilitate regional approaches 10 to workforce development, including workforce ef- 11 forts of States and units of local government (such 12 as workforce investment boards). 13 (c) DEPARTMENT OF LABOR LEADERSHIP.—In col- 14 laborating with the Secretary to carry out subsection (a), 15 the Secretary of Labor shall collaborate with the Secretary 16 to expand Department of Labor preapprenticeship pro17 grams in the electricity industry, with priority given to de18 veloping preapprenticeship programs that align with the 19 training initiatives described in subsection (b). 20 21 (d) COMMUNITY-CENTERED PROGRAMS.— (1) IN GENERAL.—The Secretary, in collabora- 22 tion with the Secretary of Labor, the Secretary of 23 Veterans Affairs, and the Secretary of Health and 24 Human Services, shall develop workforce training MCC17632 S.L.C. 50 1 programs to reach certain affected populations, in- 2 cluding— 3 4 5 6 7 (A) individuals displaced from declining employment in the coal mining industry; (B) low-income at-risk youth in urban environments; (C) low-income and unemployed popu- 8 lations in rural areas; 9 (D) women; 10 (E) minorities; and 11 (F) workers displaced by technological ad- 12 vancements. 13 (2) DEMOGRAPHIC AWARENESS.—In developing 14 the programs under paragraph (1), the Secretary, in 15 collaboration with the Secretary of Labor, the Sec- 16 retary of Veterans Affairs, and the Secretary of 17 Health and Human Services, shall take into consid- 18 eration unique cultural, demographic, historical, and 19 economic factors— 20 (A) to ensure that the programs are appro- 21 priate for the populations described in subpara- 22 graphs (A) through (F) of paragraph (1); and 23 (B) to maximize the success of the pro- 24 grams. 25 (3) METRICS.— MCC17632 S.L.C. 51 1 (A) IN GENERAL.—In developing the pro- 2 grams under paragraph (1), the Secretary, in 3 collaboration with the Secretary of Labor, the 4 Secretary of Veterans Affairs, and the Sec- 5 retary of Health and Human Services, shall de- 6 velop metrics for measuring the success of the 7 programs developed under that paragraph, tak- 8 ing into consideration public health and mental 9 health factors, employment and earnings data, 10 11 and community economic development factors. (B) COLLECTION OF CERTAIN DATA.—For 12 the purposes of collecting employment and 13 earnings data for consideration under subpara- 14 graph (A), the data shall be collected through 15 means other than survey data or self-reported 16 data, such as through agreements with Federal 17 or State agencies. 18 (e) ANALYSIS.—Not later than 1 year after the date 19 of enactment of this Act and every 3 years thereafter, the 20 Secretary, in collaboration with the Secretary of Labor, 21 shall conduct an analysis of employment within the energy 22 sector, including a detailed analysis of the skill level and 23 ability of the electricity sector workforce to manage the 24 complexity and changes of the electricity system. MCC17632 S.L.C. 52 1 (f) CONSULTATION.—In carrying out this section, the 2 Secretary, in collaboration with the Secretary of Labor, 3 the Secretary of Commerce, the Secretary of Defense, and 4 the Secretary of Veterans Affairs, shall consult with indus5 try and government stakeholder, including— 6 (1) States; 7 (2) units of local government; 8 (3) electric utilities; 9 (4) third-party energy service providers; 10 11 (5) private companies, including energy technology manufacturers; 12 (6) institutions of higher education; and 13 (7) nonprofit organizations. 14 (g) REPORTS.—Not later than 2 years after the date 15 of enactment of this Act and every 3 years thereafter, the 16 Secretary shall submit to Congress a report describing— 17 18 19 20 (1) the quantitative impact of programs carried out under this section; (2) the results of the analysis conducted under subsection (e); 21 (3) a summary of benefits gained and barriers 22 faced by individuals participating in programs under 23 this section, including a description of— 24 25 (A) job opportunities created by the programs; and MCC17632 S.L.C. 53 1 (B) skills gained by individuals partici- 2 pating in the programs; 3 (4) national and regional observations and rec- 4 ommendations to improve workforce development, 5 including feedback from participants; and 6 7 8 9 (5) the administrative costs of the programs affected by this section. SEC. 7. FLEXIBLE GRID CHALLENGE 2022. (a) ESTABLISHMENT.—Not later than 180 days after 10 the date of enactment of this Act, the Secretary shall es11 tablish a competitive program, pursuant to section 24 of 12 the Stevenson-Wydler Technology Innovation Act of 1980 13 (15 U.S.C. 3719), to be known as the ‘‘Flexible Grid Chal14 lenge 2022’’ (referred to in this section as the ‘‘pro15 gram’’), to award grants to States to enhance the peak 16 load management and flexibility of the electric grid. 17 (b) CONSULTATION.—Pursuant to section 24(d) of 18 the Stevenson-Wydler Technology Innovation Act of 1980 19 (15 U.S.C. 3719(d)), the program shall seek to engage 20 a broad set of experts, including from— 21 (1) electric utilities; 22 (2) institutions of higher education; 23 (3) other Federal agencies; 24 (4) private companies, including energy tech- 25 nology manufacturers; MCC17632 S.L.C. 54 1 (5) States; 2 (6) units of local government; 3 (7) nonprofit organizations; and 4 (8) the National Laboratories. 5 6 (c) GOALS.—The goals of the program shall be— (1) to optimize— 7 (A) future electric infrastructure, including 8 generation, delivery, consumption, and control 9 methods; 10 11 (B) electric grid design solutions to ensure electric grid reliability and resilience; and 12 (C) retail electricity pricing and wholesale 13 market valuation of electric grid services, taking 14 into consideration consumer protection con- 15 straints; 16 (2) to reliably, cost-effectively, safely, and se- 17 curely integrate and manage variable and distributed 18 energy resources, including— 19 (A) distributed generation; 20 (B) combined heat and power; 21 (C) energy storage; 22 (D) electric vehicles; 23 (E) energy efficiency; 24 (F) demand response; MCC17632 S.L.C. 55 1 (G) smart technologies that can enable in- 2 tegrated systems control of distributed energy 3 resources; and 4 (H) other technologies; 5 (3) to improve the integration and interoper- 6 ability of telecommunications, information tech- 7 nology, operational technologies, or other systems 8 and technologies with the electric grid; 9 10 (4) to help States overcome any technological, regulatory, business model, and market barriers; 11 (5) to increase electricity reliability levels from 12 levels available as of the date of enactment of this 13 Act to levels sufficient to provide critical load; 14 (6) to define the role of the electric utility of 15 the future as compared to products provided by mar- 16 ket-driven entities; 17 (7) to mitigate specific challenges that are 18 unique to the region where the project is located, in- 19 cluding reliability and resilience concerns; 20 21 22 (8) to address the problems faced by the research community at the time of the award; and (9) to achieve the goals described in paragraphs 23 (1) through (8) by 2022. 24 (d) CRITERIA.— MCC17632 S.L.C. 56 1 (1) AWARD CRITERIA DEVELOPMENT.—Subject 2 to paragraphs (2) and (3), not later than 180 days 3 after the date of enactment of this Act, the Sec- 4 retary shall develop simple, ambitious, quantifiable, 5 and achievable performance criteria that shall be the 6 basis on which 1 or more winners will be selected 7 and publish a notice pursuant to section 24(f) of the 8 Stevenson-Wydler Technology Innovation Act of 9 1980 (15 U.S.C. 3719(f)). 10 (2) CONSIDERATIONS.—In developing the cri- 11 teria under paragraph (1), the Secretary shall con- 12 sider criteria that achieve the goals described in sub- 13 section (c). 14 (3) CONSULTATION.—Before establishing the 15 criteria under paragraph (1), the Secretary shall 16 consult with a broad set of experts, including experts 17 from entities described in subsection (b). 18 (e) AWARDS TO STATES.— 19 (1) IN GENERAL.—Not later than 5 years after 20 the selection of States participating in the program 21 under subsection (f)(3), the Secretary shall— 22 23 24 25 (A) select not more than 3 States as winners of the program; and (B) provide to each winner an award of not more than $50,000,000. MCC17632 S.L.C. 57 1 (2) BASIS OF SELECTION.—In selecting the 2 winners of the program under paragraph (1)(A), the 3 Secretary shall use the criteria developed and pub- 4 lished under subsection (d)(1). 5 (3) NO REQUIREMENT TO RECEIVE TECHNICAL 6 OR SUPPORT GRANTS.—The 7 ceipt of technical assistance under subsection (g)(1) 8 or a support grant under subsection (g)(2) shall not 9 affect the eligibility of a State to be selected as a receipt or lack of re- 10 winner of the program under paragraph (1). 11 (f) PROGRAM ELIGIBILITY.— 12 (1) APPLICATIONS.—Not later than 1 year 13 after the date of enactment of this Act, the Sec- 14 retary shall invite States to submit applications to 15 participate in the program. 16 (2) APPLICATION PROCESS.—A State seeking to 17 participate in the program shall submit to the Sec- 18 retary an application at such time, in such manner, 19 and containing such information as the Secretary 20 may require, including evidence that the State— 21 (A) has partnered with, at a minimum— 22 (i) an electric utility; 23 (ii) a energy technology manufacturer; 24 and MCC17632 S.L.C. 58 1 (iii) a National Laboratory or institu- 2 tion of higher education; and 3 (B) has established a plan for appropriate 4 use of any funds made available under the pro- 5 gram. 6 (3) DETERMINATION 7 (A) IN BY SECRETARY.— GENERAL.—Not later than 90 days 8 after the date on which an application is sub- 9 mitted under paragraph (2), the Secretary shall 10 determine whether the applicant State may par- 11 ticipate in the program. 12 (B) BASIS OF DETERMINATION.—In select- 13 ing States under subparagraph (A), the Sec- 14 retary shall ensure that the application of a se- 15 lected State demonstrates an ability to achieve 16 1 or more of the goals described in subsection 17 (c). 18 19 (g) TECHNICAL ASSISTANCE AND GRANTS.— (1) TECHNICAL ASSISTANCE.—The Secretary 20 shall provide to participant States selected under 21 subsection (f)(3) technical assistance in the form of 22 individual consultations, tools, and other resources, 23 on an as-needed basis. 24 (2) SUPPORT GRANTS.— MCC17632 S.L.C. 59 1 (A) IN GENERAL.—The Secretary shall 2 provide support grants to participant States se- 3 lected under subparagraph (E). 4 (B) APPLICATION PROCESS.—A participant 5 State seeking a support grant shall submit to 6 the Secretary an application at such time, in 7 such manner, and containing such information 8 as the Secretary may require, including a plan 9 describing the proposed use of funds. 10 (C) ELIGIBILITY.—In determining the eli- 11 gibility of a participant State for a support 12 grant under subparagraph (A), the Secretary 13 shall consider whether the plan of the partici- 14 pant State described in subparagraph (B) in- 15 cludes methods for achieving 1 or more of the 16 goals described in subsection (c). 17 (D) AMOUNT OF SUPPORT GRANT.—The 18 amount of a support grant awarded to a partic- 19 ipant State selected under subparagraph (E) 20 shall be not less than $500,000 and not greater 21 than $10,000,000. 22 23 24 (E) DETERMINATION (i) IN BY SECRETARY.— GENERAL.—Not later than 90 days after the date on which an application MCC17632 S.L.C. 60 1 is submitted under subparagraph (B), the 2 Secretary shall determine— 3 4 (I) whether the applicant State shall receive a support grant; and 5 (II) if so, the amount of the sup- 6 port grant. 7 (ii) BASIS OF DETERMINATION.—In 8 making a determination under clause (i), 9 the Secretary shall ensure that the applica- 10 tion of a selected State demonstrates an 11 ability to achieve improvement in flexible 12 peak load management 1 or more of the 13 goals described in subsection (c). 14 (F) REQUIREMENT.—As a condition of re- 15 ceiving financial assistance under this sub- 16 section, a State receiving a support grant shall 17 provide to the Secretary such information, at 18 such time, and in such manner as the Secretary 19 may require, to be made publicly available by 20 the Secretary subject to applicable Federal pri- 21 vacy laws. 22 (G) REPORTING BY PARTICIPANTS.—Not 23 later than 1 year after the date on which a 24 State initially receives a support grant, and 25 each year thereafter for the duration of the MCC17632 S.L.C. 61 1 grant period, a State that receives a support 2 grant shall submit to the Secretary a written 3 report that— 4 (i) summarizes the benefits gained 5 throughout the duration of the program; 6 (ii) describes barriers overcome during 7 the program; 8 (iii) outlines a continuation plan in 9 the event the State is not selected as a 10 winner of the program under subsection 11 (e); and 12 (iv) provides feedback on the program, 13 including proposed modifications to the 14 program. 15 (h) REPORTS.—Not later than 3 years after the date 16 on which amounts are first distributed under this section, 17 and not later than the date that is 3 years thereafter, the 18 Secretary shall submit to Congress reports describing— 19 (1) the number, type, and details of projects 20 proposed and projects undertaken under the pro- 21 gram; 22 23 24 25 (2) a summary of benefits gained and barriers faced by participant States in the competition; (3) a summary of continuation plans collected from the participant States; MCC17632 S.L.C. 62 1 (4) national and regional observations and rec- 2 ommendations to improve peak load management 3 and flexibility, including feedback from participant 4 States; 5 6 (5) the administrative costs of the program; and 7 (6) the total amount of funds distributed under 8 the program, including the amount awarded to each 9 participant State. 10 11 (i) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Subject to paragraph (2), 12 there is authorized to be appropriated to carry out 13 this section $150,000,000, of which $15,000,000 is 14 authorized for use by the Department of Energy to 15 administer the prize. 16 (2) AVAILABILITY.—The amounts authorized 17 under paragraph (1) shall remain available until ex- 18 pended.