[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1742 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1742
To direct the Secretary of Energy to establish certain demonstration
grant programs relating to the demonstration of advanced distribution
systems, smart water heaters, vehicle-to-grid integration, and granular
retail electricity pricing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2019
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish certain demonstration
grant programs relating to the demonstration of advanced distribution
systems, smart water heaters, vehicle-to-grid integration, and granular
retail electricity pricing, 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 ``Distributed Energy
Demonstration Act of 2019''.
(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. Advanced distribution system grant program.
Sec. 4. Smart water heater demonstration program.
Sec. 5. Vehicle-to-Grid Integration (VGI) Demonstration Grant Program.
Sec. 6. Granular retail electricity pricing grant program.
Sec. 7. Federal matching fund for smart grid investment costs.
Sec. 8. Personal protections for sensitive personal data.
Sec. 9. General provisions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) 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.
(3) Electric consumer; electric utility; rate; state
regulatory authority.--The terms ``electric consumer'',
``electric utility'', ``rate'', and ``State regulatory
authority'' have the meanings given the terms in section 3 of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2602).
(4) 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 1 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.
(5) 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.
(6) 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.
(7) IoT.--The term ``IoT'' means a set of technologies
(including endpoint devices, such as sensors, actuators,
management systems, user interfaces, vehicles, machinery, and
household appliances) that--
(A) are linked via communication networks to enable
advanced control and valuable services; and
(B) may provide real-time information and
actionable analytics, as appropriate.
(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) 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.
(10) 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).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) 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).
(13) 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. ADVANCED DISTRIBUTION SYSTEM GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
electric utility, such as--
(A) an investor-owned electric utility;
(B) a publicly owned utility; and
(C) an electric cooperative.
(2) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide grants to support projects designed
to advance the integration and optimization of distributed energy
resources.
(c) Applications and Selection.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary determines to be appropriate,
including--
(A) an interoperability plan for the proposed
project;
(B) a cybersecurity plan for the proposed project;
(C) a privacy plan for the proposed project,
including a provision relating to--
(i) the protection of the privacy of
individual customer information;
(ii) the secure storage, handling, and
destruction of data; and
(iii) the access of energy use data by
third parties;
(D) the anticipated benefits of the proposed
project, from a business perspective and the
perspective of the customer;
(E) for a project proposed by an investor-owned
electric utility, a formal approval of the project from
the regulatory body of jurisdiction, such as a State
public utility commission; and
(F) an assurance that, as a condition of receiving
the grant, the eligible entity will participate in a
working group in accordance with section 9(a),
including with respect to preparation of the report
under section 9(b).
(2) Priority.--In selecting recipients of grants under this
section, the Secretary shall give priority to--
(A) a proposed project that is submitted by a
multiutility partnership with a diverse customer
profile;
(B) a proposed project that is submitted by a
partnership that includes at least 1 National
Laboratory or institution of higher education;
(C) a proposed project that promotes education and
training in disciplines that are essential for
distribution system development, as determined by the
Secretary; and
(D) a proposed project that proposes a scaled
deployment strategy for the technology and systems of
the project, with an emphasis on achieving adoption of
a standard for, and interoperability among several
manufacturers of, devices that create grid flexibility.
(d) Program Goals.--The goals of the program are--
(1) to demonstrate innovative and cost-effective techniques
for the integration and optimization of distributed energy
resources, including microgrid and networked microgrid systems;
(2) to develop highly flexible, configurable, and
interactive networks of utility, customer, and third-party
systems with an IoT community enabling framework;
(3) to inform the creation of standards and regulations;
and
(4) to increase regulatory and utility confidence in
technologies and systems that are instrumental to the
integration and optimization of distributed energy resources,
including integrated energy systems.
(e) Use of Funds.--A grant provided under this section may be used
for any project that implements measures to advance the integration and
optimization of distributed energy resources, as determined by the
Secretary, including a project--
(1) on advanced voltage control or optimization systems;
(2) addressing dynamic protection schemes to manage reverse
power flows, communications, sensors, energy storage,
switching, and smart-inverter networks;
(3) on advanced distribution management systems, such as
automated substations;
(4) on cybersecurity technologies and applications;
(5) supporting nonrecurring engineering costs of adoption
and implementation, among multiple manufacturers of grid-
connected devices, of standards that enhance interoperability
and connectivity on electricity systems; and
(6) for manufacturers of grid-connected devices or electric
utilities to establish full-time positions to design and
implement technologies that promote grid flexibility.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out 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. SMART WATER HEATER DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an electric utility; and
(B) a retail service provider of electricity.
(2) Program.--The term ``program'' means the demonstration
program established under subsection (b)(1).
(b) Demonstration Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Director of the National Science Foundation, shall establish a
demonstration program under which the Secretary shall provide
grants to eligible entities to carry out projects for the
design and production of smart water heater optimization
programs.
(2) Program goals.--The goals of the program are--
(A) to demonstrate large-scale implementation of
smart water heaters as an energy storage resource used
on a regular basis as part of grid operation to improve
the operational efficiency of the electric grid;
(B) to demonstrate control of water heaters to
compensate for the intermittent nature of renewable
energy resources;
(C) to diminish the market barriers to the broad
adoption of smart water heaters;
(D) to provide funding to address nonrecurring
engineering costs; and
(E) to demonstrate best practices for--
(i) customer participation and
satisfaction; and
(ii) maximizing customer benefits.
(3) Applications.--
(A) In general.--To be eligible to receive a grant
under the program, an eligible entity shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, including a proposal described
in subparagraph (B).
(B) Proposal requirements.--
(i) In general.--An eligible entity shall
submit as part of the application under
subparagraph (A) a proposal that--
(I) demonstrates that the eligible
entity will closely collaborate with 1
or more manufacturers of water heaters
or water heater control equipment to
coordinate sales and marketing across
distribution channels;
(II) defines a specific
geographical area in which the smart
water heaters will be available and in
operation for a period of not less than
1 year, but ideally for the full useful
life of the smart water heaters;
(III) demonstrates that the 1 or
more participating manufacturers of
water heaters or water heater control
equipment identified under subclause
(I) support the standards described in
clause (ii);
(IV) includes the stated intent and
plan of the eligible entity to maintain
the project after the program ends;
(V) demonstrates the ability to
execute control events on not fewer
than 120 days per calendar year;
(VI) stipulates a plan for
increasing the number of smart water
heaters on the electric grid, including
by retrofitting existing hot water
heaters with controls; and
(VII) includes--
(aa) an interoperability
plan for the proposed project;
(bb) a cybersecurity plan
for the proposed project;
(cc) a privacy plan for the
proposed project, including a
provision relating to the
protection of the privacy of
individual customer
information, the secure
storage, handling, and
destruction of data, and the
access of energy use data by
third parties; and
(dd) a formal approval of
the project from the regulatory
body of jurisdiction, such as a
State public utility
commission.
(ii) Standards described.--With respect to
a water heater produced or retrofitted under a
project receiving a grant under the program,
the standards referred to in clause (i)(III)
are the following:
(I) Water heaters or retrofit
devices shall have--
(aa) an ANSI/CTA-2045
communication interface; or
(bb) a communication
interface using a standard or
specification for a
nonproprietary communication
interface from a recognized
standards-based organization.
(II) Water heaters shall support 1
or more standard application protocols,
such as--
(aa) OpenADR;
(bb) IEEE 2030.5; or
(cc) the CTA-2045
application layer.
(4) Geographical requirement.--The Secretary shall provide
grants under the program to eligible entities carrying out
projects in diverse geographical regions of the United States
to ensure that projects are carried out in service territories
with diverse utility business models.
(5) Amount of grant.--The amount of a grant provided to an
eligible entity under the program for a project shall be not
less than $500,000 and not more than $10,000,000.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out 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. 5. VEHICLE-TO-GRID INTEGRATION (VGI) DEMONSTRATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an electric utility;
(B) a private commercial entity, including vehicle
manufacturers;
(C) an institution of higher education;
(D) a unit of State or local government;
(E) a nonprofit organization; and
(F) a National Laboratory.
(2) Program.--The term ``program'' means the vehicle-to-
grid demonstration grant program established under subsection
(b)(1).
(b) Establishment of Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
Secretary of Transportation, shall establish a vehicle-to-grid
integration demonstration grant program of research,
development, and demonstration activities--
(A) 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;
(B) 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;
(C) to optimize electric vehicles for the
integration of renewable energy technologies and the
reduction of greenhouse gases and other pollutants;
(D) 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;
(E) 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;
(F) 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;
(G) 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);
(H) 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;
(I) to investigate and implement programs to
improve the access to, and affordability of, electric
vehicles for low-income populations;
(J)(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;
(K) to assist electric utilities and transit
agencies in collaboratively planning an electrified
fleet;
(L) to investigate the use of fleet, transit, and
municipal vehicle batteries as power sources for
community shelter facilities during emergencies;
(M) 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;
(N) 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--
(I) owning the battery of a transit
agency transit vehicle; and
(II) 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;
(O) to develop a methodology for modeling load
increases expected from electrifying the transportation
sector; and
(P) 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.
(2) Consultation.--As soon as practicable after the date of
enactment of this Act, in carrying out the activities under
paragraph (1), the Secretary shall consult with stakeholders,
including--
(A) vehicle manufacturers, including--
(i) manufactures of light-, medium-, and
heavy-duty vehicles; and
(ii) transit vehicle manufacturers;
(B) electric utilities, such as investor-owned
electric utilities, publicly owned electric utilities,
and electric cooperatives;
(C) third-party energy service providers;
(D) transit agencies;
(E) fleet operators;
(F) private companies, including energy technology
manufacturers and battery manufacturers;
(G) other Federal agencies;
(H) the National Laboratories;
(I) States;
(J) tribal governments;
(K) units of local government;
(L) nonprofit organizations;
(M) institutions of higher education;
(N) electric vehicle supply equipment and charging
infrastructure manufacturers; and
(O) battery manufacturers.
(3) Requirement.--The program shall include grants for
projects relating to--
(A) light-duty consumer vehicles;
(B) fleet and municipal vehicles; and
(C) transit vehicles.
(c) Applications.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including a
commitment by the eligible entity to participate in a working
group in accordance with section 9(a) relating to light-duty
consumer vehicles or fleet and municipal vehicles and transit
vehicles, as appropriate.
(2) Proposal requirements.--An eligible entity shall submit
as part of the application required under paragraph (1) a
proposal that includes--
(A) an interoperability plan for the proposed
project;
(B) a cybersecurity plan for the proposed project;
(C) a privacy plan for the proposed project,
including a provision relating to--
(i) the protection of the privacy of
individual customer information;
(ii) the secure storage, handling, and
destruction of data; and
(iii) the access of energy use data by
third parties; and
(D) a plan for leveraging existing market product
offerings.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) for projects relating to light-duty consumer
vehicles, $20,000,000; and
(B) for projects relating to fleet and municipal
vehicles and transit vehicles, $20,000,000.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available for a period of 10 years following
the fiscal year for which the amounts were appropriated.
SEC. 6. GRANULAR RETAIL ELECTRICITY PRICING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
electric utility, such as--
(A) an investor-owned electric utility;
(B) a publicly owned utility; and
(C) an electric cooperative.
(2) Program.--The term ``program'' means the granular
retail electricity pricing grant program established under
subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants to support
projects described in subsection (d) for the voluntary
deployment of granular retail electricity pricing, with the
goal of producing more efficient economic signals for
transactions conducted on the electric grid.
(2) Requirement.--In developing the program, the Secretary
shall take into consideration lessons learned from granular
electricity pricing demonstration and pilot projects, if any.
(c) Application and Selection.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary determines to be appropriate,
including--
(A) a description of the granular pricing
mechanisms to be implemented;
(B) a description of any enabling technology
proposed to be used by the eligible entity, which shall
include, at a minimum, advanced metering
infrastructure;
(C) the stated intent and plan of the eligible
entity to maintain scaled and sustained implementation
of the granular rate structure after the program ends;
(D) a description of a consumer engagement and
retention strategy; and
(E) if the eligible entity is an electric utility
or an electricity retailer, a formal approval of the
project from the regulatory body of jurisdiction, such
as a State public utility commission.
(2) Priority.--In awarding grants under the program, the
Secretary shall give priority to proposed projects that--
(A) implement--
(i) transactive energy systems; or
(ii) systems of real-time pricing, in which
prices are transmitted directly to devices; and
(B) maximize the use and incorporation of
technologies that create grid flexibility.
(d) Use of Funds.--A grant provided under the program may be used
for any project that implements granular retail rates, including a
project--
(1) to offset revenue-neutrality requirements established
by an applicable State regulatory authority;
(2) to study consumer behavior in response to implemented
granular retail electricity pricing; or
(3) to educate and engage consumers regarding rate design
innovation, including by providing technical assistance and
opportunities for comment.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out 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. 7. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT COSTS.
(a) Purpose.--The purpose of this section is to support the
continued deployment of advanced metering infrastructure and other
technologies.
(b) Improvements to Federal Matching Fund.--Section 1306 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17386) is
amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``within 60 days after the enactment of the
American Recovery and Reinvestment Act of 2009'' and
inserting ``not later than 60 days after the date of
enactment of the DEMO Act'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) require as a condition of receiving funding
under this section that the recipient of a grant shall
submit to the Secretary--
``(i) an interoperability plan described in
subsection (f)(1); and
``(ii) not later than 5 years after the
date on which the recipient first receives
funding under this section, an interoperability
report described in subsection (f)(2).'';
(2) by redesignating subsection (f) as subsection (g);
(3) by inserting after subsection (e) the following:
``(f) Interoperability Plan and Report.--
``(1) Interoperability plan.--An interoperability plan
referred to in subsection (e)(1)(F)(i) shall include--
``(A) a demonstrated set of use cases;
``(B) a plan for facilitating interaction between
the project of the grant recipient and the projects of
not less than 3 other parties to demonstrate how the
project may work with the projects of other parties;
``(C) a protocol for measuring and verifying
interoperability performance;
``(D) a methodology for evaluating overall
interoperability maturity, including the application,
if appropriate, of an interoperability maturity model;
``(E) a list of deployed standards; and
``(F) the integration and testing approaches for
the project to ensure interoperability.
``(2) Interoperability report.--An interoperability report
referred to in subsection (e)(1)(F)(ii) shall include a
description of a discussion, an analysis, data, or a
combination thereof relating to--
``(A) the performance of the demonstrated set of
use cases described in paragraph (1)(A);
``(B) the interaction between the project of the
grant recipient and the projects of not less than 3
other parties, as described in paragraph (1)(B);
``(C) costs and benefits to--
``(i) consumers;
``(ii) electric utilities;
``(iii) appliance manufacturers;
``(iv) grid operators; and
``(v) other parties that the Secretary
determines are relevant; and
``(D) performance, if appropriate, according to an
interoperability maturity model, as described in
paragraph (1)(D).''; and
(4) in subsection (g) (as redesignated by paragraph (2)),
by striking ``2012'' and inserting ``2025''.
SEC. 8. PERSONAL PROTECTIONS FOR SENSITIVE PERSONAL DATA.
In carrying out this Act, the Secretary, the Administrator of the
Energy Information Administration, 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 (ii).
(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).
SEC. 9. GENERAL PROVISIONS.
(a) Working Group.--
(1) Establishment.--For each grant program established
under this Act, the Secretary shall establish a working group
to be composed of representatives of each project selected to
receive a grant under this Act.
(2) Meetings.--The working groups established under
paragraph (1) shall meet not less frequently than once every
180 days.
(3) Participation required.--As a condition of receiving a
grant under this Act, the recipient shall designate a
representative of the relevant project to serve as a member of
the working group under this subsection, including by attending
each meeting of the working group described under paragraph
(2).
(b) Reports.--
(1) Grant recipient report.--Not later than 18 months after
the date on which a grant is first provided to an eligible
entity under a grant program established under this Act, the
eligible entity shall submit to the Secretary a report
describing the results of the project, including information
on--
(A) technical findings from the project,
including--
(i) cost savings;
(ii) the cybersecurity implications of
implementing the project;
(iii) customer participation and
satisfaction;
(iv) any customer benefits realized as a
result of the program; and
(v) environmental performance;
(B) an accounting of project costs; and
(C) a description of how project findings will be
implemented in the future.
(2) Reports to congress.--Not later than 2 years after the
date on which the initial grants are provided under each
program established under this Act, the Secretary shall submit
to the appropriate committees of Congress a separate report
relating to each program, including information such as--
(A) the technical findings of the program;
(B) the number of projects undertaken;
(C) an analysis of costs and benefits of
implementing the program; and
(D) the total amount of funds distributed under the
program, including a breakdown by State and by service
territory.
(c) Cost-Share.--The Federal share of the cost of a project that
receives a grant under a program established under this Act shall not
exceed 50 percent of the total cost of the project.
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