[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2989 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2989

 To promote Federal-State partnerships for developing regional energy 
strategies and plans to mitigate risks in changing energy systems, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2014

  Mr. Schatz (for himself and Mr. Heinrich) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote Federal-State partnerships for developing regional energy 
strategies and plans to mitigate risks in changing energy systems, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Regional Energy 
Partnerships for Advancing Resilient Energy Systems Act'' or the 
``PREPARE Act''.

SEC. 2. FINDINGS.

    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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cooperative agreement.--The term ``cooperative 
        agreement'' has the meaning given the term in sections 6302 and 
        6305 of title 31, United States Code.
            (2) Secretaries.--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) State.--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.

SEC. 4. REGIONAL ENERGY PARTNERSHIPS.

    (a) In General.--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) Technical Assistance.--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) Cooperative Agreements.--
            (1) In general.--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) Requirements.--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) Staff.--
            (1) In general.--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) Duties.--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) Comprehensive Framework.--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) Awards.--
            (1) Definitions.--In this subsection:
                    (A) Application group.--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) Partner state.--The term ``partner State'' 
                means a State or Indian tribe that is part of an 
                application group.
            (2) Applications.--
                    (A) In general.--Subject to subparagraph (B), an 
                application group may apply to the Secretaries for 
                awards under this subsection.
                    (B) Individual states.--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) Base amount.--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) In general.--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) Maximum amount.--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) Limitation.--A State or Indian tribe shall not be part 
        of more than 1 award under this subsection.
            (6) Selection criteria.--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) Use of awards.--
                    (A) In general.--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) Limitation.--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.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $250,000,000, to remain available until expended.
    (b) Allocation.--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) State Energy Offices.--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) Maintenance of Funding.--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.).
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