[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1875 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1875

   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

                           September 27, 2017

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Flexible Grid 
Infrastructure Act of 2017''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Distributed energy resource.--
                    (A) In general.--The term ``distributed energy 
                resource'' means an electric device that can produce or 
                consume energy that is located--
                            (i) on the distribution system or any 
                        subsystem of the distribution system; or
                            (ii) behind a customer meter.
                    (B) Inclusions.--The term ``distributed energy 
                resource'' includes--
                            (i) an energy storage resource;
                            (ii) an energy generation technology;
                            (iii) a demand response resource;
                            (iv) an energy efficiency resource;
                            (v) an electric vehicle and associated 
                        supply equipment and systems; and
                            (vi) aggregations and integrated control 
                        systems, including virtual power plants, 
                        microgrids, and networks of microgrid cells.
            (4) Electric consumer; electric utility; rate.--The terms 
        ``electric consumer'', ``electric utility'', and ``rate'' have 
        the meanings given the terms in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
            (5) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given the term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (6) Energy storage.--The term ``energy storage'' means 
        equipment or facilities capable of absorbing energy, storing 
        energy for a period of time, and dispatching the stored energy, 
        that--
                    (A) uses mechanical, electrochemical, 
                hydroelectric, or thermal processes, as a single 
                facility or as an aggregation of units, throughout the 
                electric grid, including behind the meter to store 
                energy generated at one time for use at a later time;
                    (B) uses mechanical, electrochemical, 
                hydroelectric, or thermal processes, as a single 
                facility or as an aggregation of units, throughout the 
                electric grid, including behind the meter to store 
                energy generated from mechanical processes that would 
                otherwise be wasted for delivery at a later time; or
                    (C) stores thermal energy for direct use for 
                heating or cooling at a later time in a manner that 
                avoids the need to use electricity at that later time.
            (7) Granular.--The term ``granular'', with respect to a 
        rate or other price for electricity, means that the rate or 
        price is established based on precise accounting of the value, 
        as determined by the time and location of the production or 
        consumption of the electricity and the unique type of energy 
        services being provided, of electrical energy, capacity, and 
        ancillary services, including--
                    (A) time-of-use rates;
                    (B) peak-time rebates;
                    (C) critical peak pricing;
                    (D) real-time pricing;
                    (E) transactive energy approaches;
                    (F) inverted time-of-use rates;
                    (G) forward-looking charges;
                    (H) peak-coincident capacity network charges; and
                    (I) 3-part rates.
            (8) Light-duty consumer vehicle.--The term ``light-duty 
        consumer vehicle'' has the meaning given the term ``light-duty 
        vehicle'' in section 1037.801 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (9) Locational value.--The term ``locational value'', with 
        respect to an electric grid service, means value that is 
        contingent on the physical location where the electric grid 
        service is delivered.
            (10) Microgrid.--The term ``microgrid'' means a localized 
        grid that can disconnect from the traditional grid to operate 
        autonomously and help mitigate grid disturbances to strengthen 
        grid resilience.
            (11) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (13) State energy office.--The term ``State energy office'' 
        has the meaning given the term in section 124(a) of the Energy 
        Policy Act of 2005 (42 U.S.C. 15821(a)).
            (14) Temporal value.--The term ``temporal value'', with 
        respect to an electric grid service, means value that is 
        contingent on the time when the electric grid service is 
        delivered.
            (15) Transit agency.--The term ``transit agency'' has the 
        meaning given the term in section 630.3 of title 49, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (16) Transit vehicle.--The term ``transit vehicle'' has the 
        meaning given the term ``bus'' in section 1192.3 of title 36, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act).

SEC. 3. ANALYSIS OF DISTRIBUTED ENERGY RESOURCES, THE VALUE OF GRID 
              SERVICES, AND ADVANCED TRANSMISSION ASSETS.

    (a) Data and Analysis for Promoting Grid Flexibility and Optimizing 
Distributed Energy Resources.--Section 921 of the Energy Policy Act of 
2005 (42 U.S.C. 16211) is amended--
            (1) by redesignating subsections (c) and (d) as paragraphs 
        (3) and (4), respectively, of subsection (b) and indenting the 
        paragraphs appropriately;
            (2) in subsection (b)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``resource'' after 
                ``carry out distributed energy'';
                    (B) in paragraph (2), by striking ``subsection'' 
                and inserting ``section''; and
                    (C) in paragraphs (3) and (4) (as redesignated by 
                paragraph (1)), by striking ``subsection (b)'' each 
                place it appears and inserting ``this subsection'';
            (3) by redesignating subsection (b) as subsection (h);
            (4) in subsection (a), by striking the subsection 
        designation and heading and all that follows through ``The 
        Secretary'' in the first sentence and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Distributed energy resource.--The term `distributed 
        energy resource' has the meaning given the term in section 2 of 
        the Flexible Grid Infrastructure Act of 2017.
            ``(3) Grid flexibility.--The term `grid flexibility' means 
        the ability of a power system--
                    ``(A) from an operational perspective, to respond 
                to changes in supply and demand, such as abrupt changes 
                in load conditions or sharp ramps in generation; and
                    ``(B) from a long-term planning and investment 
                perspective, to respond to changes in technology, 
                markets and policy, without incurring stranded assets.
    ``(b) Research, Development, Demonstration, and Commercial 
Application.--
            ``(1) In general.--The Secretary'';
            (5) in subsection (b) (as so redesignated), in the second 
        sentence, by striking ``The programs'' and inserting the 
        following:
            ``(2) Requirement.--The programs under this subsection''; 
        and
            (6) by inserting after subsection (b) (as so redesignated) 
        the following:
    ``(c) National Assessment of the Potential of Distributed Energy 
Resources.--
            ``(1) Assessments.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Flexible Grid Infrastructure 
                Act of 2017, and not less frequently than once every 3 
                years thereafter, the Commission and the Secretary 
                shall conduct a national assessment of the technical 
                and economic potential of distributed energy resources 
                to provide electric grid services, including services 
                that enhance grid flexibility and the reliability, 
                resilience, affordability, efficiency, and security of 
                the electric grid.
                    ``(B) Requirements.--In conducting an assessment 
                under subparagraph (A), the Commission and the 
                Secretary shall--
                            ``(i) consider locational characteristics, 
                        such as load pockets and electric grid 
                        congestion;
                            ``(ii) consider temporal characteristics, 
                        such as hourly and subhourly electricity 
                        generation costs and electricity network costs;
                            ``(iii) consider the specific electric grid 
                        services identified by the study under section 
                        3(b) of the Flexible Grid Infrastructure Act of 
                        2017;
                            ``(iv) consider unique State regulatory and 
                        market characteristics and regional electric 
                        grid characteristics;
                            ``(v) incorporate a range of scenarios, 
                        including scenarios that assume--
                                    ``(I) the existence of granular 
                                retail electricity rates, including 
                                transactive energy approaches;
                                    ``(II) no granular retail 
                                electricity rates;
                                    ``(III) the existence of 
                                electricity market products that 
                                remunerate the electric grid services 
                                provided by distributed energy 
                                resources, incorporating the results of 
                                the most recent study under section 
                                3(b) of the Flexible Grid 
                                Infrastructure Act of 2017;
                                    ``(IV) no electricity market 
                                products that remunerate the electric 
                                grid services provided by distributed 
                                energy resources, incorporating the 
                                results of the most recent study under 
                                section 3(b) of the Flexible Grid 
                                Infrastructure Act of 2017;
                                    ``(V) various levels of renewable 
                                energy generation penetration;
                                    ``(VI) various levels of 
                                distributed energy resource 
                                penetration, including electric 
                                vehicles;
                                    ``(VII) the implementation of 
                                transactive energy approaches as a 
                                means of coordinating at scale large 
                                numbers of distributed energy 
                                resources; and
                                    ``(VIII) different deployment 
                                scenarios, such as individual 
                                technology applications, combination 
                                technology applications, and integrated 
                                control system applications;
                            ``(vi) include--
                                    ``(I) an analysis of the use of a 
                                comprehensive suite of distributed 
                                energy resources; and
                                    ``(II) an assessment of the 
                                competitive markets for each 
                                distributed energy resource;
                            ``(vii) consider various electric grid 
                        architecture concepts and tools, including the 
                        development of local energy networks 
                        interconnected with the electric grid;
                            ``(viii) include an analysis of the ways in 
                        which the different scenarios incorporated 
                        under clause (v) may impact the broader energy 
                        system, such as the bulk power system, the 
                        transmission network, and natural gas 
                        infrastructure;
                            ``(ix) assess any barriers to the ability 
                        of distributed energy resources to provide the 
                        identified electric grid services;
                            ``(x) to the maximum extent practicable--
                                    ``(I) seek to use any relevant 
                                preexisting research and ongoing work; 
                                and
                                    ``(II) avoid duplication of effort; 
                                and
                            ``(xi) conduct estimates for the 5-, 10-, 
                        and 15-year periods beginning on the date of 
                        enactment of the Flexible Grid Infrastructure 
                        Act of 2017.
            ``(2) Reports.--Not later than 18 months after the date of 
        enactment of the Flexible Grid Infrastructure Act of 2017, and 
        not less frequently than once every 3 years thereafter, the 
        Commission and the Secretary shall submit to Congress a report 
        describing the results of the most recent assessment under 
        paragraph (1) that includes--
                    ``(A) a description of the details required under 
                clauses (i) through (xi) of paragraph (1)(B);
                    ``(B) data reported and analyzed--
                            ``(i) on a nationwide basis;
                            ``(ii) on a State basis, for each of the 
                        several States of the United States;
                            ``(iii) by sector;
                            ``(iv) by balancing authority; and
                            ``(v) to reflect--
                                    ``(I) granular locational 
                                characteristics, such as load pockets 
                                and grid congestion;
                                    ``(II) granular temporal 
                                characteristics, such as hourly and 
                                subhourly electricity generation costs 
                                and electricity network costs; and
                                    ``(III) the specific electric grid 
                                services identified by the study under 
                                section 3(b) of the Flexible Grid 
                                Infrastructure Act of 2017;
                    ``(C) macroeconomic data, including an analysis of 
                any effects on job creation, economywide costs and 
                benefits, energy productivity, retail rate impacts, and 
                gross domestic product;
                    ``(D) a description of the methodology used to 
                conduct the assessment described in paragraph (1); and
                    ``(E) policy recommendations--
                            ``(i) to achieve the estimated potential 
                        identified by the assessment under paragraph 
                        (1)(A);
                            ``(ii) to promote the development of 
                        competitive markets for distributed energy 
                        resources assessed under paragraph 
                        (1)(B)(vi)(II); and
                            ``(iii) to address the barriers described 
                        in paragraph (1)(B)(ix).
            ``(3) Reducing duplication of effort.--In conducting the 
        assessment under paragraph (1), the Commission and the 
        Secretary shall use, to the maximum extent practicable, data 
        and studies in existence as of the date of the assessment in an 
        effort to reduce the potential for duplication of effort.
    ``(d) Technical Assistance.--The Secretary shall provide technical 
assistance to energy distribution utilities, State energy regulators, 
State energy offices, third-party energy service providers, wholesale 
market operators, and other interested parties relating to--
            ``(1) use of the data and modeling tools provided under 
        this section; and
            ``(2) the general planning and market analysis required for 
        cost-effective deployment of distributed energy resources and 
        grid flexibility assets.
    ``(e) Voluntary National Action Plan on Distributed Energy 
Resources.--
            ``(1) In general.--Not later than 1 year after the date of 
        submission of the initial report required under subsection 
        (c)(2), the Secretary, in consultation with the Commission, 
        shall develop a voluntary national action plan to unlock the 
        potential of distributed energy resources to provide electric 
        grid services, which shall be based on the assessments required 
        under subsection (c)(1).
            ``(2) Requirements.--In developing the voluntary national 
        action plan under this subsection, to the maximum extent 
        practicable, the Secretary shall--
                    ``(A) use relevant information contained in the 
                National Action Plan on Demand Response prepared by the 
                Commission, Docket No. AD09-10, dated June 17, 2010; 
                and
                    ``(B) solicit participation, and take into 
                consideration comments, from other Federal agencies, 
                the National Laboratories, the National Academy of 
                Sciences, State and local governments, industry, 
                research institutions, nonprofit organizations, 
                consumer advocates, and other interested parties.
            ``(3) Inclusions.--The voluntary national action plan 
        developed under this subsection shall include provisions for--
                    ``(A) the identification of requirements for 
                technical assistance to States to allow States to 
                maximize distributed energy resource potential that can 
                be developed and deployed cost-effectively;
                    ``(B) the design of a national communications 
                program that includes broad-based customer education 
                and support; and
                    ``(C) the identification or development of 
                analytical tools, information, model regulatory 
                provisions, model contracts, and other support 
                materials for use by customers, States, utilities, and 
                demand response providers.''.
    (b) Study on Valuation of Electric Grid Services.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not less frequently than once every 
        3 years thereafter, the Secretary and the Commission shall 
        conduct a comprehensive study that--
                    (A) incorporates the assessment required under 
                subsection (c)(1) of section 921 of the Energy Policy 
                Act of 2005 (42 U.S.C. 16211);
                    (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 
                                        technologies, such as 
                                        centralized thermal generation 
                                        units and electricity 
                                        transmission infrastructure;
                                            (bb) utility-scale 
                                        renewable energy generation 
                                        technologies; and
                                            (cc) emerging energy 
                                        technologies, such as grid-
                                        scale energy storage and 
                                        distributed energy resources;
                            (ii)(I) the specific electric grid 
                        services, the value of which is conditioned by 
                        locational value and temporal value; and
                            (II) the degree of effect of location and 
                        time on the value of the electric grid services 
                        identified under subclause (I);
                            (iii) for each electric grid service 
                        identified under clauses (i) and (ii), the 
                        specific technologies (including the 
                        technologies identified under clause (i)(II)) 
                        that have the capacity to provide the electric 
                        grid service, including an analysis of the 
                        extent to which a given technology can provide 
                        a given electric grid service; and
                            (iv) the effect of integrated energy 
                        control systems (such as microgrids) on the 
                        value of grid services;
                    (C) quantifies the estimated value of those 
                electric grid services, taking into consideration input 
                from relevant industry stakeholders and unique 
                regulatory and regional electricity system 
                characteristics; and
                    (D) identifies--
                            (i) any barriers to wholesale market 
                        participation for distributed energy resources; 
                        and
                            (ii) the most effective mechanisms for 
                        opening electricity markets to increased 
                        competition, consumer choice, and innovation.
            (2) Public comment.--In conducting the study under 
        paragraph (1), the Secretary and the Commission shall solicit 
        relevant public comments.
            (3) Consultation.--As soon as practicable after the date of 
        enactment of this Act, in conducting the study under paragraph 
        (1), the Secretary and the Commission shall engage a broad set 
        of experts from other Federal agencies, the National 
        Laboratories, the National Academy of Sciences, States, Tribal 
        governments, units of local government, industry, research 
        institutions, nonprofit organizations, consumer advocates, and 
        other interested parties.
            (4) Reports.--Not later than 18 months after the date of 
        enactment of this Act, and not less frequently than once every 
        3 years thereafter, the Secretary and the Commission shall 
        submit to Congress a report describing the results of the most 
        recent study conducted under paragraph (1).
    (c) Modeling.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator, shall expand modeling capabilities for the 
        electric power sector to more accurately reflect the role of 
        distributed energy resources in current and future energy 
        consumption and in the optimization of the electric grid.
            (2) Grid optimization in the context of der and storage.--
        Not later than 1 year after the date of submission of the 
        initial report required under subsection (c)(2) of section 921 
        of the Energy Policy Act of 2005 (42 U.S.C. 16211), the 
        Secretary, in consultation with the Administrator and the 
        Commission, shall provide modeling tools to assist energy 
        distribution utilities, State regulatory authorities, State 
        energy offices, third-party energy service providers, and 
        wholesale market operators in the planning and market analysis 
        required for cost-effective optimization of the electric grid 
        and deployment of distributed energy resources and grid-scale 
        energy storage, including modeling tools for assessing 
        individual technologies, combinations of technologies, or 
        integrated control system applications.
            (3) Data and methodologies.--The modeling tools provided 
        under paragraph (2) shall incorporate the data and 
        methodologies used to produce the reports required under 
        subsection (c)(2) of section 921 of the Energy Policy Act of 
        2005 (42 U.S.C. 16211).
            (4) National energy modeling systems (nems) development.--
        The Administrator shall continue to evaluate options for 
        expanding the capability of the National Energy Modeling 
        Systems Electricity Market Module to accurately represent the 
        complexity of the electric power sector, including by--
                    (A) incorporating hourly and subhourly electric 
                power sector data; and
                    (B) including the services provided by distributed 
                energy resources and energy storage.
    (d) Study of Barriers to Advanced Transmission Technologies.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, to enable deployment of technologies 
        that cost-effectively increase existing transmission capacity 
        use, the Secretary, in consultation with relevant stakeholders, 
        shall conduct a study to identify, analyze, and develop 
        recommendations for removing barriers to the valuation and 
        deployment of advanced materials and technologies for new and 
        existing transmission, such as advanced technologies that 
        enhance reliability, security, efficiency, capacity, and 
        affordability through visibility, analytics, and controls.
            (2) Consultation.--As soon as practicable after the date of 
        enactment of this Act, in conducting the study under paragraph 
        (1), the Secretary shall engage stakeholders and experts from 
        other Federal agencies, the National Laboratories, States, 
        Tribal governments, units of local government, industry, 
        research institutions, nonprofit organizations, and other 
        interested parties.
            (3) Reports.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing--
                    (A) the recommendations developed under the study 
                conducted under paragraph (1);
                    (B) a framework for future research into removing 
                the barriers identified and analyzed under the study, 
                based on--
                            (i) the recommendations developed under the 
                        study; and
                            (ii) research on transmission capacity use, 
                        performance from synchrophasor information, 
                        advanced conductors, advanced transmission 
                        tower designs, dynamic line rating, advanced 
                        power flow control, and energy storage; and
                    (C) the methodology used in the study, including 
                the methodology used to produce the recommendations 
                developed under the study.
    (e) DER Data Clearinghouse.--Not later than 180 days after the date 
of submission of the initial report required under subsection (c)(2) of 
section 921 of the Energy Policy Act of 2005 (42 U.S.C. 16211), the 
Secretary and the Commission shall establish on the Internet a 
clearinghouse of nonpersonally identifiable data relating to 
distributed energy resources, including the data used to conduct the 
assessment and report under paragraphs (1) and (2), respectively, of 
subsection (c) of section 921 of the Energy Policy Act of 2005 (42 
U.S.C. 16211), expressed--
            (1) on a nationwide basis;
            (2) on a State basis, for each of the several States of the 
        United States;
            (3) by sector; and
            (4) to reflect--
                    (A) granular locational characteristics, such as 
                load pockets and electric grid congestion;
                    (B) granular temporal characteristics, such as 
                hourly and subhourly electricity generation costs and 
                electricity network costs; and
                    (C) the specific electric grid services identified 
                by the study under section 3(b).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section (including the amendments made 
by this section) $50,000,000, to remain available for a period of 10 
years following the fiscal year for which the amounts were 
appropriated.

SEC. 4. ELECTRIFICATION OF VEHICLES AND HEATING.

    (a) Research, Development, and Demonstration Activities.--
            (1) In general.--In accordance with paragraphs (2) and (3), 
        the Secretary shall conduct a program of research, development, 
        and demonstration activities to advance the electrification of 
        transportation, heating (including water heating and space 
        heating), and other technologies, including by identifying ways 
        to increase the resilience, efficiency, and environmental 
        performance of the electric grid.
            (2) Heating research, development, and demonstration 
        activities.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                initiate research, development, and demonstration 
                activities--
                            (i) to develop the ability of electric 
                        heating technologies (including water heating 
                        and space heating) to provide value to 
                        electricity systems, including by operating as 
                        an energy storage resource used on a regular 
                        basis as part of grid operation to improve the 
                        operational efficiency of the electric grid;
                            (ii) to advance the technical understanding 
                        of--
                                    (I) the manner in which electric 
                                heating technologies are controlled and 
                                optimized, including by advancing 
                                telemetry and embedded metrology; and
                                    (II) the practices of transmitting 
                                secure data over the Internet, a 
                                utility system, or other mechanism, 
                                with a means for implementation, such 
                                as a standard;
                            (iii) to optimize electric heating 
                        technologies for--
                                    (I) the integration of renewable 
                                energy technologies; and
                                    (II) the reduction of greenhouse 
                                gases and other pollutants;
                            (iv) to investigate the technical, 
                        economic, and legal details of using electric 
                        heating technologies for a range of electric 
                        grid services, including--
                                    (I) energy storage;
                                    (II) demand response; and
                                    (III) frequency regulation and 
                                other ancillary services;
                            (v) to diminish the market barriers to the 
                        broad adoption of heating technologies with 
                        digital control and communication technologies 
                        that enable grid interoperability and 
                        integration;
                            (vi) to address nonrecurring engineering 
                        costs associated with the development of 
                        interoperable electric heating technologies;
                            (vii) to investigate and implement 
                        approaches to the aggregation, wholesale 
                        electricity marketing, and, to the maximum 
                        extent practicable, retail electricity 
                        marketing of electric grid services provided by 
                        electric heating, including research into the 
                        use of transactive energy systems as a means of 
                        enabling efficient operations;
                            (viii) to investigate and implement 
                        programs to improve the access to, and 
                        affordability of, electric heating technologies 
                        for low-income populations;
                            (ix) to implement innovative consumer 
                        marketing and contracting models, including 
                        pricing approaches (including consumer access 
                        to wholesale market pricing signals), that co-
                        optimize customer benefits and electric grid 
                        benefits;
                            (x) to demonstrate best practices for--
                                    (I) customer participation and 
                                satisfaction; and
                                    (II) maximizing customer benefits;
                            (xi) to investigate and implement user-
                        friendly equipment financing models linked to 
                        the marketing of electric grid services, 
                        including the means by which the electric grid 
                        services provided by electric heating 
                        technologies can help finance the cost of the 
                        electric heating technology; and
                            (xii) to develop a methodology for modeling 
                        load increases expected from the deployment of 
                        electric heating technologies.
                    (B) Consultation.--As soon as practicable after the 
                date of enactment of this Act, in carrying out the 
                activities under subparagraph (A), the Secretary shall 
                consult with stakeholders, including--
                            (i) other Federal agencies;
                            (ii) the National Laboratories;
                            (iii) States;
                            (iv) Tribal governments;
                            (v) units of local government;
                            (vi) electric utilities, such as investor-
                        owned electric utilities, publicly owned 
                        electric utilities, and electric cooperatives;
                            (vii) private companies, including energy 
                        technology manufacturers;
                            (viii) third-party energy service 
                        providers;
                            (ix) institutions of higher education; and
                            (x) nonprofit organizations.
            (3) Electric vehicle research, development, and 
        demonstration activities.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary, in 
                collaboration with the Secretary of Transportation, 
                shall initiate research, development, and demonstration 
                activities--
                            (i) to advance the co-optimization of 
                        electrified transportation and electricity 
                        systems, including by identifying ways to 
                        increase the resilience, efficiency, and 
                        environmental performance of the electric grid 
                        and the transportation system;
                            (ii) to advance the technical understanding 
                        of--
                                    (I) the manner in which vehicle 
                                charging systems are controlled and 
                                optimized, including by advancing 
                                vehicle and charging station telemetry 
                                and embedded metrology; and
                                    (II) the practices of transmitting 
                                secure data over the Internet, a 
                                utility system, or other mechanism, 
                                with a means for implementation, such 
                                as a standard;
                            (iii) to optimize electric vehicles for the 
                        integration of renewable energy technologies 
                        and the reduction of greenhouse gases and other 
                        pollutants;
                            (iv) to investigate the technical, 
                        economic, and legal details of using fleet, 
                        transit, and municipal vehicle batteries for a 
                        range of electric grid services, including--
                                    (I) demand response;
                                    (II) frequency regulation and other 
                                ancillary services; and
                                    (III) energy output, or full-scale 
                                vehicle-to-electric grid, operations;
                            (v) to investigate the co-optimization of 
                        the electrification of transportation with 
                        advancements in autonomous vehicles and the use 
                        of vehicles for ride sharing, including by--
                                    (I) studying consumer participation 
                                and other behavioral challenges, 
                                including incentives that promote co-
                                optimization; and
                                    (II) researching challenges and 
                                opportunities relating to the 
                                optimization of electric grid 
                                operations in the context of autonomous 
                                vehicle and ride-sharing usage 
                                patterns, including the use of energy 
                                storage in charging systems;
                            (vi) to investigate, in collaboration with 
                        the Commission, approaches to the aggregation, 
                        wholesale electricity marketing, and, to the 
                        maximum extent practicable, retail electricity 
                        marketing of electric grid services provided by 
                        electric vehicles, including research into the 
                        use of transactive energy systems as a means of 
                        enabling vehicle-electric grid integration;
                            (vii) to implement innovative consumer 
                        marketing and contracting models, including 
                        pricing approaches (including consumer access 
                        to wholesale market pricing signals), that co-
                        optimize transportation benefits and electric 
                        grid benefits, including by maximizing the 
                        value of the vehicle services to the electric 
                        grid while also maximizing value to the 
                        consumer (including by maximizing the 
                        flexibility of use of the vehicle to the driver 
                        or rider);
                            (viii) to investigate and implement user-
                        friendly electric vehicle and related equipment 
                        financing models linked to the marketing of 
                        electric grid services, including the means by 
                        which the electric grid services provided by an 
                        electric vehicle can help finance the cost of 
                        the vehicle;
                            (ix) to investigate and implement programs 
                        to improve the access to, and affordability of, 
                        electric vehicles for low-income populations;
                            (x)(I) to advance best practices for 
                        manufacturers of electric vehicles, charging 
                        equipment, and systems; and
                            (II) to embed those practices in programs 
                        and grant opportunities of the Department of 
                        Energy to leverage competitive market electric 
                        vehicle products and incentivize more rapid and 
                        widespread adoption;
                            (xi) to assist electric utilities and 
                        transit agencies in collaboratively planning an 
                        electrified fleet;
                            (xii) to investigate the use of fleet, 
                        transit, and municipal vehicle batteries as 
                        power sources for community shelter facilities 
                        during emergencies;
                            (xiii) to develop analytical tools and 
                        financial models to assist electric utilities 
                        and transit agencies in assessing electric 
                        utility and infrastructure requirements to 
                        support selected transit vehicle technologies 
                        and charging profiles, including analytic 
                        tools--
                                    (I) to optimize the total cost of 
                                ownership;
                                    (II) to develop electrification 
                                route maps and transition plans, with 
                                quantitative estimates of the 
                                population-weighted reductions in 
                                pollutant exposure from electrification 
                                of specific routes, including criteria 
                                pollutants and new pollutants of 
                                concern; and
                                    (III) to articulate the strategy 
                                and timelines for transitioning to 
                                zero-emission vehicles;
                            (xiv) to investigate scenarios for the 
                        sharing of battery assets for the purpose of 
                        maximizing cost-performance and battery use, 
                        including--
                                    (I) scenarios that optimize shared 
                                usage between transit agencies and 
                                electric utilities over the lifecycle 
                                of the battery;
                                    (II) incentives for an entity (such 
                                as an electric utility) to provide 
                                funding to reduce initial premium costs 
                                by--
                                            (aa) owning the battery of 
                                        a transit agency transit 
                                        vehicle; and
                                            (bb) charging the battery 
                                        using smart charging; and
                                    (III) enabling the entity to 
                                reposition the battery into stationary 
                                use after the battery has served the 
                                expected life of the battery in 
                                mobility use;
                            (xv) to develop a methodology for modeling 
                        load increases expected from electrifying the 
                        transportation sector; and
                            (xvi) to investigate the deployment of 
                        electric vehicle technologies and charging 
                        infrastructure within scalable and integrated 
                        energy management systems as part of community 
                        energy infrastructure development.
                    (B) Consultation.--As soon as practicable after the 
                date of enactment of this Act, in carrying out the 
                activities under subparagraph (A), the Secretary shall 
                consult with stakeholders, including--
                            (i) vehicle manufacturers, including--
                                    (I) manufacturers of light-, 
                                medium-, and heavy-duty vehicles; and
                                    (II) transit vehicle manufacturers;
                            (ii) electric utilities, such as investor-
                        owned electric utilities, publicly owned 
                        electric utilities, and electric cooperatives;
                            (iii) third-party energy service providers;
                            (iv) transit agencies;
                            (v) fleet operators;
                            (vi) private companies, including energy 
                        technology manufacturers and battery 
                        manufacturers;
                            (vii) other Federal agencies;
                            (viii) the National Laboratories;
                            (ix) States;
                            (x) Tribal governments;
                            (xi) units of local government;
                            (xii) nonprofit organizations;
                            (xiii) institutions of higher education;
                            (xiv) electric vehicle supply equipment and 
                        charging infrastructure manufacturers; and
                            (xv) battery manufacturers.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available for a period of 10 years following the fiscal year for which 
the amounts were appropriated.

SEC. 5. PRIVACY, SECURITY, AND RESILIENCE.

    (a) Protecting Privacy and Security.--In carrying out this Act, the 
Secretary, the Administrator, and the Secretary of Homeland Security 
shall identify, incorporate, and follow best practices for protecting 
the privacy of individuals and businesses and the respective sensitive 
data of the individuals and businesses, including by managing privacy 
risk and implementing the Fair Information Practice Principles of the 
Federal Trade Commission for the collection, use, disclosure, and 
retention of individual electric consumer information in accordance 
with the Office of Management and Budget Circular A-130 (or successor 
circulars).
    (b) Personal Protections for Sensitive Personal Data.--No Federal 
entity shall request the creation, recording, or collection of data 
identified to an individual person as a result of this Act.
    (c) Law Enforcement Requirements.--
            (1) Definitions.--In this subsection:
                    (A) Governmental entity.--The term ``governmental 
                entity'' has the meaning given that term in section 
                2711 of title 18, United States Code.
                    (B) Judge of competent jurisdiction; state.--The 
                terms ``judge of competent jurisdiction'' and ``State'' 
                have the meanings given such terms in section 2510 of 
                title 18, United States Code.
            (2) Consumer information.--A governmental entity may obtain 
        from an electric utility, third-party aggregator, or other 
        nongovernmental entity under an administrative subpoena 
        authorized by a Federal or State statute or a Federal or State 
        grand jury or trial subpoena the--
                    (A) name of an electric consumer;
                    (B) address of an electric consumer;
                    (C) length of service (including start date) of, 
                and types of service used by, an electric consumer; and
                    (D) means and source of payment for such service 
                (including any credit card or bank account number) of 
                an electric consumer.
            (3) Electric usage information.--A governmental entity may 
        only require the disclosure by an electric utility, third-party 
        aggregator, or other nongovernmental entity of information 
        regarding the use of electricity by an electric consumer 
        (including monthly usage data, data at a greater level of 
        detail or specificity, and information about electric use by 
        specific appliances) pursuant to a warrant issued based on 
        probable cause, using the procedures described in the Federal 
        Rules of Criminal Procedure (or, in the case of a State court, 
        issued using State warrant procedures) by a court of competent 
        jurisdiction.
            (4) Notice.--
                    (A) In general.--Not later than 30 days after 
                obtaining a warrant for electric usage information 
                described in paragraph (3), a governmental entity shall 
                notify each electric consumer whose information was 
                obtained.
                    (B) Delay of notice.--
                            (i) In general.--Upon application by a 
                        governmental entity, a judge of competent 
                        jurisdiction may issue an order authorizing the 
                        governmental entity to delay notice under 
                        subparagraph (A) for a period of not more than 
                        180 days if the judge finds reason to believe 
                        notifying the electric consumer of the order 
                        will result in--
                                    (I) endangering the life or 
                                physical safety of an individual;
                                    (II) flight from prosecution;
                                    (III) destroying of or tampering 
                                with evidence;
                                    (IV) intimidation of potential 
                                witnesses; or
                                    (V) otherwise seriously 
                                jeopardizing an investigation or unduly 
                                delaying a trial.
                            (ii) Unlimited renewals.--Upon application 
                        by a governmental entity, a judge of competent 
                        jurisdiction may renew an order delaying notice 
                        under clause (i) for additional periods of not 
                        longer than 180 days if the judge makes a 
                        finding described in clause (i).
            (5) Suppression.--Any electric usage information described 
        in paragraph (3), or evidence directly or indirectly derived 
        from such information, may not be received in evidence in any 
        trial, hearing, or other proceeding in or before any court, 
        grand jury, department, officer, agency, regulatory body, 
        legislative committee, or other authority of the United States, 
        a State, or a political subdivision thereof if the obtaining of 
        the information was not conducted in accordance with this 
        subsection.
            (6) Reporting.--
                    (A) By governmental entities.--In January of each 
                year, each governmental entity shall submit to the 
                Administrative Office of the United States Courts 
                information regarding any warrant described in 
                paragraph (3) that was sought or obtained by the 
                governmental entity during the previous year, 
                including--
                            (i) the number of warrants described in 
                        paragraph (3) sought by the governmental 
                        entity;
                            (ii) the number of warrants described in 
                        paragraph (3) obtained by the governmental 
                        entity; and
                            (iii) for each warrant described in 
                        paragraph (3) sought or obtained by the 
                        governmental entity--
                                    (I) the offense specified in the 
                                application; and
                                    (II) the identity of the officer 
                                applying for the warrant.
                    (B) Report to congress.--As part of the report 
                submitted under section 2519(3) of title 18, United 
                States Code, the Administrative Office of the United 
                States Courts shall provide to Congress, with respect 
                to the previous year--
                            (i) the number of warrants described in 
                        paragraph (3) sought by governmental entities;
                            (ii) the number of warrants described in 
                        paragraph (3) obtained by governmental 
                        entities; and
                            (iii) a summary and analysis of the data 
                        required to be filed with the Administrative 
                        Office under subparagraph (A).
    (d) Managing Emerging Threats to the Electric Grid.--
            (1) Model standards for the distribution grid.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                develop model standards to assist States, electric 
                cooperatives, and publicly owned electric utilities in 
                the voluntary updating of standards for resource 
                planning, energy assurance planning, ensuring 
                distribution-grid reliability from natural disasters, 
                and improving security with respect to cyber and 
                physical threats, taking into consideration--
                            (i) the increased use of smart grid 
                        technologies, variable energy generation, 
                        energy storage, and distributed energy 
                        resources;
                            (ii) standards for critical infrastructure; 
                        and
                            (iii) emerging and rapidly evolving 
                        hazards.
                    (B) Consultation.--As soon as practicable after the 
                date of enactment of this Act, in developing the model 
                standards under subparagraph (A), the Secretary shall 
                consult with--
                            (i) States;
                            (ii) utilities, such as investor-owned 
                        electric utilities, publicly owned utilities, 
                        and electric cooperatives;
                            (iii) third-party energy service providers;
                            (iv) other Federal agencies;
                            (v) the Electric Reliability Organization;
                            (vi) private companies, including energy 
                        technology manufacturers;
                            (vii) the National Laboratories;
                            (viii) nonprofit organizations; and
                            (ix) institutions of higher education.
            (2) Equipment standards and testing procedures.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Secretary, in collaboration with the Secretary of Commerce 
        (acting through the Director of the National Institute of 
        Standards and Technology), electric utilities, States, and 
        standard-making organizations, shall--
                    (A) evaluate whether new performance standards and 
                testing procedures are needed to ensure electrical 
                equipment resilience in the face of emerging and 
                rapidly evolving hazards (like cyber and physical 
                threats and natural disasters) taking into 
                consideration the increased use of smart grid 
                technologies, variable energy generation, energy 
                storage, distributed energy resources, and capabilities 
                for autonomous energy systems integration and 
                management (such as islandable microgrids); and
                    (B) develop and submit to Congress a set of 
                recommendations for distribution equipment 
                manufacturers to voluntarily--
                            (i) minimize disruptions of interconnected 
                        distributed energy resources and associated 
                        data feeds, especially during critical peak 
                        demand; and
                            (ii) support the reliability and resilience 
                        of the distribution grid.
    (e) Development of Uniform Cost-Benefit Analysis Methods for 
Security and Resilience.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop and submit 
        to Congress a set of methods and guidelines for calculating the 
        costs and benefits of investments in resilience and security 
        solutions for the electric grid, including--
                    (A) the development of uniform and technology-
                neutral methods for valuing electric grid reliability 
                and security, taking into consideration the results of 
                the study conducted under section 3(b);
                    (B) guidelines for valuing the management of risks 
                associated with high-impact events, such as threats 
                related to cyber or physical attacks, natural 
                disasters, or combined threats, including the value of 
                State and local energy assurance planning and 
                investment; and
                    (C) methods on how to quantify the security and 
                resilience benefits that are unique to distributed 
                energy resources and grid-scale energy storage.
            (2) Consultation.--As soon as practicable after the date of 
        enactment of this Act, in developing the methods and guidelines 
        under paragraph (1), the Secretary shall consult with industry 
        and government stakeholders, including the stakeholders 
        described in subsection (d)(1)(B).

SEC. 6. WORKFORCE DEVELOPMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in collaboration with the Secretary of 
Labor and the Secretary of Commerce, shall enhance and align current 
electricity sector workforce development and training programs to 
satisfy training requirements relating to the increasing complexity of 
the electric grid, including developing the abilities--
            (1) to manage the smart grid and the increased digitization 
        and connectivity of consumer devices and the energy system, 
        including managing cybersecurity risks; and
            (2) to optimize the electric grid in the context of the 
        increasing penetration of distributed energy resources, energy 
        storage, variable renewable energy generation, electric 
        vehicles, and new information, communication, and control 
        capabilities involved in energy systems management.
    (b) Initiatives.--In carrying out subsection (a), the Secretary 
shall--
            (1) in collaboration with electric utilities, technology 
        providers to the utility industry, academic institutions, 
        nonprofit organizations, and Federal agencies (such as the 
        Department of Labor, the National Science Foundation, the 
        Department of Commerce, the Department of Education, and the 
        Department of Defense), coordinate Federal initiatives on 
        electricity sector education and training, including by--
                    (A) establishing programs to facilitate national 
                training credentials in new electricity technologies;
                    (B) developing appropriate curricula for community 
                colleges; and
                    (C) fostering lifelong learning relating to new 
                electricity technologies;
            (2) expand existing Department of Energy training programs 
        to increase the number of internships, fellowships, 
        traineeships, and registered apprenticeships;
            (3) in collaboration with the Secretary of Labor, develop 
        workforce training curricula;
            (4) in collaboration with the Secretary of Labor, improve 
        labor market information on the changing requirements for 
        skilled technical workers to better align workforce development 
        with advances in science and technology;
            (5) in collaboration with the Secretary of Labor, the 
        Secretary of Defense, and the Secretary of Veterans Affairs, 
        create workforce opportunities for veterans;
            (6) in collaboration with the Secretary of Labor, create 
        workforce opportunities that--
                    (A) expand workforce diversity; and
                    (B) provide to low- and moderate-income individuals 
                job training that is aligned with in-demand jobs; and
                    (C) make use of partnerships between management and 
                labor;
            (7) in collaboration with the Secretary of Labor, the 
        Secretary of Defense, and other relevant agencies, develop a 
        single resource web portal to inform industry and potential 
        employees about the Federal agency workforce development 
        initiatives and resources;
            (8) develop workforce assessment tools to complement 
        training programs; and
            (9) support and facilitate regional approaches to workforce 
        development, including workforce efforts of States and units of 
        local government (such as workforce investment boards).
    (c) Department of Labor Leadership.--In collaborating with the 
Secretary to carry out subsection (a), the Secretary of Labor shall 
collaborate with the Secretary to expand Department of Labor 
preapprenticeship programs in the electricity industry, with priority 
given to developing preapprenticeship programs that align with the 
training initiatives described in subsection (b).
    (d) Community-Centered Programs.--
            (1) In general.--The Secretary, in collaboration with the 
        Secretary of Labor, the Secretary of Veterans Affairs, and the 
        Secretary of Health and Human Services, shall develop workforce 
        training programs to reach certain affected populations, 
        including--
                    (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 populations in rural 
                areas;
                    (D) women;
                    (E) minorities; and
                    (F) workers displaced by technological 
                advancements.
            (2) Demographic awareness.--In developing the programs 
        under paragraph (1), the Secretary, in collaboration with the 
        Secretary of Labor, the Secretary of Veterans Affairs, and the 
        Secretary of Health and Human Services, shall take into 
        consideration unique cultural, demographic, historical, and 
        economic factors--
                    (A) to ensure that the programs are appropriate for 
                the populations described in subparagraphs (A) through 
                (F) of paragraph (1); and
                    (B) to maximize the success of the programs.
            (3) Metrics.--
                    (A) In general.--In developing the programs under 
                paragraph (1), the Secretary, in collaboration with the 
                Secretary of Labor, the Secretary of Veterans Affairs, 
                and the Secretary of Health and Human Services, shall 
                develop metrics for measuring the success of the 
                programs developed under that paragraph, taking into 
                consideration public health and mental health factors, 
                employment and earnings data, and community economic 
                development factors.
                    (B) Collection of certain data.--For the purposes 
                of collecting employment and earnings data for 
                consideration under subparagraph (A), the data shall be 
                collected through means other than survey data or self-
                reported data, such as through agreements with Federal 
                or State agencies.
    (e) Analysis.--Not later than 1 year after the date of enactment of 
this Act and every 3 years thereafter, the Secretary, in collaboration 
with the Secretary of Labor, shall conduct an analysis of employment 
within the energy sector, including a detailed analysis of the skill 
level and ability of the electricity sector workforce to manage the 
complexity and changes of the electricity system.
    (f) Consultation.--In carrying out this section, the Secretary, in 
collaboration with the Secretary of Labor, the Secretary of Commerce, 
the Secretary of Defense, and the Secretary of Veterans Affairs, shall 
consult with industry and government stakeholder, including--
            (1) States;
            (2) units of local government;
            (3) electric utilities;
            (4) third-party energy service providers;
            (5) private companies, including energy technology 
        manufacturers;
            (6) institutions of higher education; and
            (7) nonprofit organizations.
    (g) Reports.--Not later than 2 years after the date of enactment of 
this Act and every 3 years thereafter, the Secretary shall submit to 
Congress a report describing--
            (1) the quantitative impact of programs carried out under 
        this section;
            (2) the results of the analysis conducted under subsection 
        (e);
            (3) a summary of benefits gained and barriers faced by 
        individuals participating in programs under this section, 
        including a description of--
                    (A) job opportunities created by the programs; and
                    (B) skills gained by individuals participating in 
                the programs;
            (4) national and regional observations and recommendations 
        to improve workforce development, including feedback from 
        participants; and
            (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 the date of 
enactment of this Act, the Secretary shall establish a competitive 
program, pursuant to section 24 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3719), to be known as the ``Flexible 
Grid Challenge 2022'' (referred to in this section as the ``program''), 
to award grants to States to enhance the peak load management and 
flexibility of the electric grid.
    (b) Consultation.--Pursuant to section 24(d) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(d)), the 
program shall seek to engage a broad set of experts, including from--
            (1) electric utilities;
            (2) institutions of higher education;
            (3) other Federal agencies;
            (4) private companies, including energy technology 
        manufacturers;
            (5) States;
            (6) units of local government;
            (7) nonprofit organizations; and
            (8) the National Laboratories.
    (c) Goals.--The goals of the program shall be--
            (1) to optimize--
                    (A) future electric infrastructure, including 
                generation, delivery, consumption, and control methods;
                    (B) electric grid design solutions to ensure 
                electric grid reliability and resilience; and
                    (C) retail electricity pricing and wholesale market 
                valuation of electric grid services, taking into 
                consideration consumer protection constraints;
            (2) to reliably, cost-effectively, safely, and securely 
        integrate and manage variable and distributed energy resources, 
        including--
                    (A) distributed generation;
                    (B) combined heat and power;
                    (C) energy storage;
                    (D) electric vehicles;
                    (E) energy efficiency;
                    (F) demand response;
                    (G) smart technologies that can enable integrated 
                systems control of distributed energy resources; and
                    (H) other technologies;
            (3) to improve the integration and interoperability of 
        telecommunications, information technology, operational 
        technologies, or other systems and technologies with the 
        electric grid;
            (4) to help States overcome any technological, regulatory, 
        business model, and market barriers;
            (5) to increase electricity reliability levels from levels 
        available as of the date of enactment of this Act to levels 
        sufficient to provide critical load;
            (6) to define the role of the electric utility of the 
        future as compared to products provided by market-driven 
        entities;
            (7) to mitigate specific challenges that are unique to the 
        region where the project is located, including reliability and 
        resilience concerns;
            (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 (1) 
        through (8) by 2022.
    (d) Criteria.--
            (1) Award criteria development.--Subject to paragraphs (2) 
        and (3), not later than 180 days after the date of enactment of 
        this Act, the Secretary shall develop simple, ambitious, 
        quantifiable, and achievable performance criteria that shall be 
        the basis on which one or more winners will be selected and 
        publish a notice pursuant to section 24(f) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(f)).
            (2) Considerations.--In developing the criteria under 
        paragraph (1), the Secretary shall consider criteria that 
        achieve the goals described in subsection (c).
            (3) Consultation.--Before establishing the criteria under 
        paragraph (1), the Secretary shall consult with a broad set of 
        experts, including experts from entities described in 
        subsection (b).
    (e) Awards to States.--
            (1) In general.--Not later than 5 years after the selection 
        of States participating in the program under subsection (f)(3), 
        the Secretary shall--
                    (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.
            (2) Basis of selection.--In selecting the winners of the 
        program under paragraph (1)(A), the Secretary shall use the 
        criteria developed and published under subsection (d)(1).
            (3) No requirement to receive technical or support 
        grants.--The receipt or lack of receipt of technical assistance 
        under subsection (g)(1) or a support grant under subsection 
        (g)(2) shall not affect the eligibility of a State to be 
        selected as a winner of the program under paragraph (1).
    (f) Program Eligibility.--
            (1) Applications.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall invite States to 
        submit applications to participate in the program.
            (2) Application process.--A State seeking to participate in 
        the program shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including evidence that the State--
                    (A) has partnered with, at a minimum--
                            (i) an electric utility;
                            (ii) an energy technology manufacturer; and
                            (iii) a National Laboratory or institution 
                        of higher education; and
                    (B) has established a plan for appropriate use of 
                any funds made available under the program.
            (3) Determination by secretary.--
                    (A) In general.--Not later than 90 days after the 
                date on which an application is submitted under 
                paragraph (2), the Secretary shall determine whether 
                the applicant State may participate in the program.
                    (B) Basis of determination.--In selecting States 
                under subparagraph (A), the Secretary shall ensure that 
                the application of a selected State demonstrates an 
                ability to achieve one or more of the goals described 
                in subsection (c).
    (g) Technical Assistance and Grants.--
            (1) Technical assistance.--The Secretary shall provide to 
        participant States selected under subsection (f)(3) technical 
        assistance in the form of individual consultations, tools, and 
        other resources, on an as-needed basis.
            (2) Support grants.--
                    (A) In general.--The Secretary shall provide 
                support grants to participant States selected under 
                subparagraph (E).
                    (B) Application process.--A participant State 
                seeking a support grant shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require, including a plan describing the proposed use 
                of funds.
                    (C) Eligibility.--In determining the eligibility of 
                a participant State for a support grant under 
                subparagraph (A), the Secretary shall consider whether 
                the plan of the participant State described in 
                subparagraph (B) includes methods for achieving one or 
                more of the goals described in subsection (c).
                    (D) Amount of support grant.--The amount of a 
                support grant awarded to a participant State selected 
                under subparagraph (E) shall be not less than $500,000 
                and not greater than $10,000,000.
                    (E) Determination by secretary.--
                            (i) In general.--Not later than 90 days 
                        after the date on which an application is 
                        submitted under subparagraph (B), the Secretary 
                        shall determine--
                                    (I) whether the applicant State 
                                shall receive a support grant; and
                                    (II) if so, the amount of the 
                                support grant.
                            (ii) Basis of determination.--In making a 
                        determination under clause (i), the Secretary 
                        shall ensure that the application of a selected 
                        State demonstrates an ability to achieve 
                        improvement in flexible peak load management 
                        one or more of the goals described in 
                        subsection (c).
                    (F) Requirement.--As a condition of receiving 
                financial assistance under this subsection, a State 
                receiving a support grant shall provide to the 
                Secretary such information, at such time, and in such 
                manner as the Secretary may require, to be made 
                publicly available by the Secretary subject to 
                applicable Federal privacy laws.
                    (G) Reporting by participants.--Not later than 1 
                year after the date on which a State initially receives 
                a support grant, and each year thereafter for the 
                duration of the grant period, a State that receives a 
                support grant shall submit to the Secretary a written 
                report that--
                            (i) summarizes the benefits gained 
                        throughout the duration of the program;
                            (ii) describes barriers overcome during the 
                        program;
                            (iii) outlines a continuation plan in the 
                        event the State is not selected as a winner of 
                        the program under subsection (e); and
                            (iv) provides feedback on the program, 
                        including proposed modifications to the 
                        program.
    (h) Reports.--Not later than 3 years after the date on which 
amounts are first distributed under this section, and not later than 
the date that is 3 years thereafter, the Secretary shall submit to 
Congress reports describing--
            (1) the number, type, and details of projects proposed and 
        projects undertaken under the program;
            (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;
            (4) national and regional observations and recommendations 
        to improve peak load management and flexibility, including 
        feedback from participant States;
            (5) the administrative costs of the program; and
            (6) the total amount of funds distributed under the 
        program, including the amount awarded to each participant 
        State.
    (i) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to carry out this section 
        $150,000,000, of which $15,000,000 is authorized for use by the 
        Department of Energy to administer the prize.
            (2) Availability.--The amounts authorized under paragraph 
        (1) shall remain available until expended.
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