113 S2989 IS: Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act
U.S. Senate
2014-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the
Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act
or the PREPARE Act
.
2.
Congress finds that—
(1)
energy systems in the United States are in a period of significant change;
(2)
aging infrastructure, new technologies, increasing complexity, and growing threats are posing new
challenges to energy systems and their resilience;
(3)
the interconnected nature of energy systems means regional energy strategies and plans will be more
effective at preparing for challenges and mitigating risks;
(4)
States have distinct needs and unique energy, environmental, and economic goals and will play a
critical role in developing and implementing regional energy strategies
and plans;
(5)
the views and participation of a broad range of stakeholders in the development and implementation
of regional energy strategies and plans is needed for success; and
(6)
the Federal Government, in the role of a long-term strategic energy partner, can effectively—
(A)
establish strategic alliances with States;(B)convene stakeholders;
(C)
facilitate the process of developing regional energy strategies and plans; and
(D)
provide technical assistance and support in implementation.
3.
In this Act:
(1)
The term cooperative agreement has the meaning given the term in sections 6302 and 6305 of title 31, United States Code.
(2)
The term Secretaries means—(A)the Secretary of Energy, acting through the Assistant Secretary of the Office of
Electricity Delivery and Energy Reliability in consultation with the Assistant
Secretary of Energy Efficiency and
Renewable Energy, the Assistant Secretary of Fossil Energy, and the Director of the
Office of
Nuclear Energy, Science, and Technology Programs; and(B)the Secretary of the Interior, acting through the Assistant Secretary for Land and Minerals
Management in consultation with the Director of the Bureau of Land
Management, the Director of the Bureau of Ocean Energy Management, the
Assistant Secretary for Indian Affairs, and the Assistant Secretary for
Fish and Wildlife and Parks.(3)
The
term State means—
(A)
a
State;
(B)
the District of
Columbia;
(C)
the Commonwealth
of Puerto Rico; and
(D)
any other
territory or possession of the United States.
4.
Regional energy partnerships
(a)
The Secretaries shall provide assistance in accordance with this section for the purpose of
developing energy strategies and plans that help harmonize and promote
national, regional, and State energy goals, including goals for advancing
resilient energy systems to mitigate risks and prepare for emerging energy
challenges.
(b)
The Secretaries may provide such technical assistance to States, political subdivisions of States,
substate regional organizations (including organizations that cross State
boundaries), multistate regional organizations, Indian tribes, and
nonprofit
organizations as the Secretaries determine appropriate to promote—
(1)
the development and improvement of regional energy strategies and plans that sustain and promote
energy system modernization across the United States;
(2)
investment in energy infrastructure, technological capacity, innovation, and workforce development
to keep pace with the changing energy ecosystem;
(3)
structural transformation of the financial, regulatory, legal, and institutional systems that
govern energy planning, production, and delivery within States and
regions; and
(4)
public-private partnerships for the implementation of regional energy strategies and plans.
(c)
(1)
The Secretaries may enter into cooperative agreements with 1 or more States and Indian tribes, on a
regional basis, to
develop and implement strategies and plans to address the energy
challenges of States, Indian tribes, and regions.
(2)
A cooperative agreement entered into under this subsection
shall include
provisions covering or providing—
(A)
the purpose and goals of the cooperative agreement, such as advancing energy
efficiency, clean energy, fuel and supply diversity, energy system
resiliency, economic development, or other goals to make measurable,
significant progress toward specified metrics and objectives that are
agreed to by the
States or Indian tribes and the Secretaries;
(B)
the roles and responsibilities of the States or Indian tribes and the Secretaries for various
functions of the
cooperative agreement, including outreach, communication, resources, and
capabilities;
(C)
a comprehensive framework for the development of energy strategies and plans for States, Indian
tribes, or regions;
(D)
timeframes with associated metrics and objectives;
(E)
a governance structure to resolve conflicts and facilitate decisionmaking consistent with
underlying authorities; and
(F)
other provisions determined necessary by the Secretaries, in consultation with the States or Indian
tribes, to achieve the purposes described in paragraph (1).
(d)
(1)
Not later than 30 days after the date of the entering into a cooperative agreement under subsection
(c), the Secretaries shall, as appropriate, assign or employ individuals
who
have expertise in the technical and regulatory issues relating to the
cooperative agreement, including particular expertise in (as applicable)—
(A)
energy systems integration;
(B)
renewable energy and energy efficiency;
(C)
innovative financing mechanisms;
(D)
utility regulatory policy;
(E)
modeling and analysis;
(F)
facilitation and arbitration;
(G)
energy assurance and emergency preparedness; and
(H)
cyber and physical security of energy systems.
(2)
Each individual assigned to carry out a cooperative agreement under paragraph (1) shall—
(A)
report to a location in the applicable State, Indian tribe, or region not later than 90 days after
the date of
assignment;
(B)
be responsible for issues and technical assistance relating to the cooperative agreement;
(C)
participate as part of the team of personnel working on developing and implementing the applicable
regional energy strategy and plan; and
(D)build capacity within the State, Indian tribe, or region to continue to implement the goals of this
Act after the expiration of the cooperative agreement.(e)
Under a cooperative agreement, a comprehensive framework shall be developed that identifies
opportunities and actions across various energy sectors and cross-cutting
issue areas, including—
(1)
end-use efficiency;
(2)
energy supply, including electric generation and fuels;
(3)
energy delivery;
(4)
transportation;
(5)
technical integration, including standards and interdependencies;
(6)
institutional structures;
(7)
regulatory policies;
(8)
financial incentives; and
(9)
market mechanisms.
(f)
(1)
In this subsection:
(A)
The term application group means a group of States or Indian tribes that have—
(i)
entered into a cooperative agreement, on a regional basis, with the Secretaries under subsection
(c);
and
(ii)
submitted an application for an award under paragraph (2)(A).
(B)
The term partner State means a State or Indian tribe that is part of an application group.
(2)
(A)
Subject to subparagraph (B), an application group may apply to the Secretaries for awards under
this
subsection.
(B)
An individual State or Indian tribe that has entered into a cooperative agreement with the
Secretaries under
subsection (c) may apply to the Secretaries for an award under this
subsection if the State or Indian tribe demonstrates to the Secretaries
the
uniqueness of
the energy challenges facing the State or Indian tribe.
(3)
Subject to paragraph (4), the Secretaries shall provide 6 awards under this subsection, with a
base
amount of $20,000,000 for each award.
(4)
Bonus amount for application groups
(A)
Subject to subparagraph (B), the Secretaries shall increase the amount of an award provided under
this subsection to an application group for a successful application under
paragraph (2)(A) by the quotient obtained by dividing—
(i)
the product obtained by multiplying—
(I)
the number of partner States in the application group; and
(II)
$100,000,000; by
(ii)
the total number of partner States of all successful applications under this subsection.
(B)
The amount of a bonus determined under subparagraph (A) shall not exceed an amount that represents
$5,000,000 for each partner State that is a member of the relevant
application group.
(5)
A State or Indian tribe shall not be part of more than 1 award under this subsection.
(6)
In selecting applications for awards under this subsection, the Secretaries shall consider—
(A)
existing commitments from States or Indian tribes, such as memoranda of understanding;
(B)
for States that are part of the contiguous 48 States, the number of contiguous States involved that
cover a region;
(C)
the diversity of the regions represented by all applications;
(D)
the amount of cost-share or in-kind contributions from States or Indian tribes;
(E)
the scope and focus of regional and State programs and strategies, with an emphasis
on energy system resiliency and grid
modernization, efficiency, and clean energy;
(F)
a management and oversight plan to ensure that objectives are met;
(G)
an outreach plan for the inclusion of stakeholders in the process for developing and implementing
State or
regional energy strategies and plans;
(H)
the inclusion of tribal entities;
(I)
plans to fund and sustain activities identified in regional energy strategies and plans; and
(J)
the clarity of roles and responsibilities of each State and the Secretaries.
(7)
(A)
Awards provided under this subsection shall be used to achieve the purpose of this section,
including by—
(i)
conducting technical analyses, resource studies, and energy system baselines;
(ii)
convening and providing education to stakeholders on emerging energy issues;
(iii)
building decision support and planning tools; and
(iv)
improving communication between and participation of stakeholders.
(B)
Awards provided under this subsection shall not be used for—
(i)
capitalization of green banks or loan guarantees; or
(ii)
building facilities or funding capital projects.
5.
Authorization of appropriations
(a)
There is authorized to be appropriated to carry out this Act $250,000,000, to remain available
until expended.
(b)
Of the amount authorized to be appropriated under subsection (a)—
(1)
$120,000,000 shall be used for the base amount of awards under section 4(f)(3);
(2)
$100,000,000 shall be used for the bonus amount of awards under section 4(f)(4); and
(3)
$30,000,000 shall be for the administration of this Act, including—(A)the assignment of staff under
section 4(d); and
(B)if the Secretaries determine appropriate, the sharing of best practices from regional partnerships
by parties to cooperative agreements entered into under this Act.(c)
Funds provided to a State under this Act shall be provided to the office within the State that is
responsible for developing the State energy plan for the State under part
D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.).
(d)
The funding provided to States under this Act shall
supplement (and not supplant) funding provided under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).