[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
1st Session
H. R. 8
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2015
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To modernize energy infrastructure, build a 21st century energy and
manufacturing workforce, bolster America's energy security and
diplomacy, and promote energy efficiency and government accountability,
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 ``North American
Energy Security and Infrastructure Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE
Subtitle A--Energy Delivery, Reliability, and Security
Sec. 1101. FERC process coordination.
Sec. 1102. Resolving environmental and grid reliability conflicts.
Sec. 1103. Emergency preparedness for energy supply disruptions.
Sec. 1104. Critical electric infrastructure security.
Sec. 1105. Strategic Transformer Reserve.
Sec. 1106. Cyber Sense.
Sec. 1107. State coverage and consideration of PURPA standards for
electric utilities.
Sec. 1108. Reliability analysis for certain rules that affect electric
generating facilities.
Sec. 1109. Increased accountability with respect to carbon capture,
utilization, and sequestration projects.
Sec. 1110. Reliability and performance assurance in Regional
Transmission Organizations.
Sec. 1111. Ethane storage study.
Sec. 1112. Statement of policy on grid modernization.
Sec. 1113. Grid resilience report.
Sec. 1114. GAO report on improving National Response Center.
Sec. 1115. Designation of National Energy Security Corridors on Federal
lands.
Sec. 1116. Vegetation management, facility inspection, and operation
and maintenance on Federal lands containing
electric transmission and distribution
facilities.
Subtitle B--Hydropower Regulatory Modernization
Sec. 1201. Protection of private property rights in hydropower
licensing.
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott
Dam.
Sec. 1203. Hydropower licensing and process improvements.
Sec. 1204. Judicial review of delayed Federal authorizations.
Sec. 1205. Licensing study improvements.
Sec. 1206. Closed-loop pumped storage projects.
Sec. 1207. License amendment improvements.
Sec. 1208. Promoting hydropower development at existing nonpowered
dams.
TITLE II--ENERGY SECURITY AND DIPLOMACY
Sec. 2001. Sense of Congress.
Sec. 2002. Energy security valuation.
Sec. 2003. North American energy security plan.
Sec. 2004. Collective energy security.
Sec. 2005. Authorization to export natural gas.
Sec. 2006. Environmental review for energy export facilities.
Sec. 2007. Authorization of cross-border infrastructure projects.
Sec. 2008. Report on smart meter security concerns.
TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY
Subtitle A--Energy Efficiency
Chapter 1--Federal Agency Energy Efficiency
Sec. 3111. Energy-efficient and energy-saving information technologies.
Sec. 3112. Energy efficient data centers.
Sec. 3113. Report on energy and water savings potential from thermal
insulation.
Sec. 3114. Battery storage report.
Sec. 3115. Federal purchase requirement.
Sec. 3116. Energy performance requirement for Federal buildings.
Sec. 3117. Federal building energy efficiency performance standards;
certification system and level for Federal
buildings.
Sec. 3118. Operation of battery recharging stations in parking areas
used by Federal employees.
Sec. 3119. Report on Energy Savings and Greenhouse Gas Emissions
Reduction from Conversion of Captured
Methane to Energy.
Chapter 2--Energy Efficient Technology and Manufacturing
Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 3122. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water
heater products.
Sec. 3123. Facilitating consensus furnace standards.
Sec. 3124. No warranty for certain certified Energy Star products.
Sec. 3125. Clarification to effective date for regional standards.
Sec. 3126. Internet of Things report.
Sec. 3127. Energy savings from lubricating oil.
Sec. 3128. Definition of external power supply.
Sec. 3129. Standards for power supply circuits connected to LEDS or
OLEDS.
Chapter 3--School Buildings
Sec. 3131. Coordination of energy retrofitting assistance for schools.
Chapter 4--Building Energy Codes
Sec. 3141. Greater energy efficiency in building codes.
Sec. 3142. Voluntary nature of building asset rating program.
Chapter 5--EPCA Technical Corrections and Clarifications
Sec. 3151. Modifying product definitions.
Sec. 3152. Clarifying rulemaking procedures.
Chapter 6--Energy and Water Efficiency
Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense.
Subtitle B--Accountability
Chapter 1--Market Manipulation, Enforcement, and Compliance
Sec. 3211. FERC Office of Compliance Assistance and Public
Participation.
Chapter 2--Market Reforms
Sec. 3221. GAO study on wholesale electricity markets.
Sec. 3222. Clarification of facility merger authorization.
Chapter 3--Code Maintenance
Sec. 3231. Repeal of off-highway motor vehicles study.
Sec. 3232. Repeal of methanol study.
Sec. 3233. Repeal of residential energy efficiency standards study.
Sec. 3234. Repeal of weatherization study.
Sec. 3235. Repeal of report to Congress.
Sec. 3236. Repeal of report by General Services Administration.
Sec. 3237. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 3238. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report
to Congress.
Sec. 3239. Repeal of procurement and identification of energy efficient
products program.
Sec. 3240. Repeal of national action plan for demand response.
Sec. 3241. Repeal of national coal policy study.
Sec. 3242. Repeal of study on compliance problem of small electric
utility systems.
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 3244. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 3245. Repeal of submission of reports.
Sec. 3246. Repeal of electric utility conservation plan.
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use
Act of 1978.
Sec. 3248. Emergency energy conservation repeals.
Sec. 3249. Repeal of State utility regulatory assistance.
Sec. 3250. Repeal of survey of energy saving potential.
Sec. 3251. Repeal of photovoltaic energy program.
Sec. 3252. Repeal of energy auditor training and certification.
Chapter 4--Authorization
Sec. 3261 Authorization.
TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS
Sec. 4001. Findings.
Sec. 4002. Repeal.
Sec. 4003. National policy on oil export restrictions.
Sec. 4004. Studies.
Sec. 4005. Savings clause.
Sec. 4006. Partnerships with minority serving institutions.
Sec. 4007. Report.
Sec. 4008. Report to Congress.
Sec. 4009. Prohibition on exports of crude oil, refined petroleum
products, and petrochemical products to the
Islamic Republic of Iran.
TITLE V--OTHER MATTERS
Sec. 5001. Assessment of regulatory requirements.
Sec. 5002. Definitions.
Sec. 5003. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 5004. Timely filing.
Sec. 5005. Expedition in hearing and determining the action.
Sec. 5006. Limitation on injunction and prospective relief.
Sec. 5007. Legal standing.
Sec. 5008. Study to identify legal and regulatory barriers that delay,
prohibit, or impede the export of natural
energy resources.
Sec. 5009. Study of volatility of crude oil.
Sec. 5010. Smart meter privacy rights.
Sec. 5011. Youth energy enterprise competition.
Sec. 5012. Modernization of terms relating to minorities.
Sec. 5013. Voluntary vegetation management outside rights-of-way.
Sec. 5014. Repeal of rule for new residential wood heaters.
TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR
Sec. 6001. Short title.
Sec. 6002. Provision of interconnection service and net billing service
for community solar facilities.
TITLE VII--MARINE HYDROKINETIC
Sec. 7001. Definition of marine and hydrokinetic renewable energy.
Sec. 7002. Marine and hydrokinetic renewable energy research and
development.
Sec. 7003. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 7004. Authorization of appropriations.
TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE
Subtitle A--Energy Delivery, Reliability, and Security
SEC. 1101. FERC PROCESS COORDINATION.
Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) Other agencies.--
``(A) In general.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission and
comply with the deadlines established by the
Commission.
``(B) Identification.--The Commission shall
identify, as early as practicable after it is notified
by a prospective applicant of a potential project
requiring Commission authorization, any Federal or
State agency, local government, or Indian tribe that
may consider an aspect of an application for that
Federal authorization.
``(C) Notification.--
``(i) In general.--The Commission shall
notify any agency identified under subparagraph
(B) of the opportunity to cooperate or
participate in the review process.
``(ii) Deadline.--A notification issued
under clause (i) shall establish a deadline by
which a response to the notification shall be
submitted, which may be extended by the
Commission for good cause.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) set deadlines for all such Federal
authorizations; and'';
(B) by striking paragraph (2); and
(C) by adding at the end the following new
paragraphs:
``(2) Deadline for federal authorizations.--A final
decision on a Federal authorization is due no later than 90
days after the Commission issues its final environmental
document, unless a schedule is otherwise established by Federal
law.
``(3) Concurrent reviews.--Each Federal and State agency
considering an aspect of an application for a Federal
authorization shall--
``(A) carry out the obligations of that agency
under applicable law concurrently, and in conjunction,
with the review required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless
doing so would impair the ability of the agency to
conduct needed analysis or otherwise carry out those
obligations;
``(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency
to ensure completion of required Federal authorizations
no later than 90 days after the Commission issues its
final environmental document; and
``(C) transmit to the Commission a statement--
``(i) acknowledging receipt of the schedule
established under paragraph (1); and
``(ii) setting forth the plan formulated
under subparagraph (B) of this paragraph.
``(4) Issue identification and resolution.--
``(A) Identification.--Federal and State agencies
that may consider an aspect of an application for
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
``(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of a failure by the State agency, the Federal
agency overseeing the delegated authority) for
resolution.
``(5) Failure to meet schedule.--If a Federal or State
agency does not complete a proceeding for an approval that is
required for a Federal authorization in accordance with the
schedule established by the Commission under paragraph (1)--
``(A) the applicant may pursue remedies under
section 19(d); and
``(B) the head of the relevant Federal agency
(including, in the case of a failure by a State agency,
the Federal agency overseeing the delegated authority)
shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan
to ensure completion of the proceeding for an
approval.'';
(3) by redesignating subsections (d) through (f) as
subsections (g) through (i), respectively; and
(4) by inserting after subsection (c) the following new
subsections:
``(d) Remote Surveys.--If a Federal or State agency considering an
aspect of an application for Federal authorization requires the
applicant to submit environmental data, the agency shall consider any
such data gathered by aerial or other remote means that the applicant
submits. The agency may grant a conditional approval for Federal
authorization, conditioned on the verification of such data by
subsequent onsite inspection.
``(e) Application Processing.--The Commission, and Federal and
State agencies, may allow an applicant seeking Federal authorization to
fund a third-party contractor to assist in reviewing the application.
``(f) Accountability, Transparency, Efficiency.--For applications
requiring multiple Federal authorizations, the Commission, with input
from any Federal or State agency considering an aspect of an
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete permitting, reviews, and other actions required. Such
information shall include the following:
``(1) The schedule established by the Commission under
subsection (c)(1).
``(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the Federal
authorization.
``(3) The expected completion date for each such action.
``(4) A point of contact at the agency accountable for each
such action.
``(5) In the event that an action is still pending as of
the expected date of completion, a brief explanation of the
reasons for the delay.''.
SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS.
(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection that
may result in a conflict with a requirement of any Federal, State, or
local environmental law or regulation, the Commission shall ensure that
such order requires generation, delivery, interchange, or transmission
of electric energy only during hours necessary to meet the emergency
and serve the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse environmental
impacts.
``(3) To the extent any omission or action taken by a party, that
is necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply with such
order, results in noncompliance with, or causes such party to not
comply with, any Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit under such
environmental law or regulation.
``(4)(A) An order issued under this subsection that may result in a
conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90 days
after it is issued. The Commission may renew or reissue such order
pursuant to paragraphs (1) and (2) for subsequent periods, not to
exceed 90 days for each period, as the Commission determines necessary
to meet the emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph (A), the
Commission shall consult with the primary Federal agency with expertise
in the environmental interest protected by such law or regulation, and
shall include in any such renewed or reissued order such conditions as
such Federal agency determines necessary to minimize any adverse
environmental impacts to the extent practicable. The conditions, if
any, submitted by such Federal agency shall be made available to the
public. The Commission may exclude such a condition from the renewed or
reissued order if it determines that such condition would prevent the
order from adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly available, an
explanation of such determination.
``(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section 313 or
any other provision of law, any omission or action previously taken by
a party that was necessary to comply with the order while the order was
in effect, including any omission or action taken to voluntarily comply
with the order, shall remain subject to paragraph (3).''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
by inserting ``or municipality'' before ``engaged in the transmission
or sale of electric energy''.
SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS.
(a) Finding.--Congress finds that recent natural disasters have
underscored the importance of having resilient oil and natural gas
infrastructure and energy storage and effective ways for industry and
government to communicate to address energy supply disruptions.
(b) Authorization for Activities To Enhance Emergency Preparedness
for Natural Disasters.--The Secretary of Energy shall develop and adopt
procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal partners,
and industry;
(2) leverage the Energy Information Administration's
subject matter expertise within the Department's energy
response team to improve supply chain situation assessments;
(3) establish company liaisons and direct communication
with the Department's energy response team to improve situation
assessments;
(4) streamline and enhance processes for obtaining
temporary regulatory relief to speed up emergency response and
recovery;
(5) facilitate and increase engagement among States, the
oil and natural gas industry, the energy storage industry, and
the Department in developing State and local energy assurance
plans;
(6) establish routine education and training programs for
key government emergency response positions with the Department
and States; and
(7) involve States, the energy storage industry, and the
oil and natural gas industry in comprehensive drill and
exercise programs.
(c) Cooperation.--The activities carried out under subsection (b)
shall include collaborative efforts with State and local government
officials and the private sector.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
describing the effectiveness of the activities authorized under this
section.
SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) Critical Electric Infrastructure Security.--Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
section 215 the following new section:
``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national security,
economic security, public health or safety, or any combination
of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission or other Federal agency, other than
classified national security information, that is designated as
critical electric infrastructure information by the Commission
under subsection (d)(2). Such term includes information that
qualifies as critical energy infrastructure information under
the Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in the United States (including the
territories) that serves a facility designated by the Secretary
pursuant to subsection (c), but is not owned or operated by the
owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy emitted
by a device capable of disabling or disrupting operation of, or
destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a
pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm'
means a temporary disturbance of the Earth's magnetic field
resulting from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic
communication or an electromagnetic pulse, or a
geomagnetic storm event, that could disrupt the
operation of those electronic devices or communications
networks, including hardware, software, and data, that
are essential to the reliability of critical electric
infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure, as a result
of such act or event; or
``(B)(i) a direct physical attack on critical
electric infrastructure or on defense critical electric
infrastructure; and
``(ii) significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure as a result of
such physical attack.
``(8) Grid security vulnerability.--The term `grid security
vulnerability' means a weakness that, in the event of a
malicious act using an electromagnetic pulse, would pose a
substantial risk of disruption to the operation of those
electrical or electronic devices or communications networks,
including hardware, software, and data, that are essential to
the reliability of the bulk-power system.
``(9) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority To Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and
provides to the Secretary a written directive or determination
identifying a grid security emergency, the Secretary may, with
or without notice, hearing, or report, issue such orders for
emergency measures as are necessary in the judgment of the
Secretary to protect or restore the reliability of critical
electric infrastructure or of defense critical electric
infrastructure during such emergency. As soon as practicable
but not later than 180 days after the date of enactment of this
section, the Secretary shall, after notice and opportunity for
comment, establish rules of procedure that ensure that such
authority can be exercised expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall promptly
notify congressional committees of relevant jurisdiction,
including the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, of the contents of, and justification
for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the
extent practicable in light of the nature of the grid security
emergency and the urgency of the need for action, consult with
appropriate governmental authorities in Canada and Mexico,
entities described in paragraph (4), the Electricity Sub-sector
Coordinating Council, the Commission, and other appropriate
Federal agencies regarding implementation of such emergency
measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical
electric infrastructure or of defense critical electric
infrastructure within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in
subparagraph (B), an order for emergency measures
issued under paragraph (1) shall expire no later than
15 days after its issuance.
``(B) Extensions.--The Secretary may reissue an
order for emergency measures issued under paragraph (1)
for subsequent periods, not to exceed 15 days for each
such period, provided that the President, for each such
period, issues and provides to the Secretary a written
directive or determination that the grid security
emergency identified under paragraph (1) continues to
exist or that the emergency measure continues to be
required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the
Commission determines that owners, operators, or users
of critical electric infrastructure have incurred
substantial costs to comply with an order for emergency
measures issued under this subsection and that such
costs were prudently incurred and cannot reasonably be
recovered through regulated rates or market prices for
the electric energy or services sold by such owners,
operators, or users, the Commission shall, consistent
with the requirements of section 205, after notice and
an opportunity for comment, establish a mechanism that
permits such owners, operators, or users to recover
such costs.
``(B) Defense critical electric infrastructure.--To
the extent the owner or operator of defense critical
electric infrastructure is required to take emergency
measures pursuant to an order issued under this
subsection, the owners or operators of a critical
defense facility or facilities designated by the
Secretary pursuant to subsection (c) that rely upon
such infrastructure shall bear the full incremental
costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations to
protect classified information, provide temporary access to
classified information related to a grid security emergency for
which emergency measures are issued under paragraph (1) to key
personnel of any entity subject to such emergency measures to
enable optimum communication between the entity and the
Secretary and other appropriate Federal agencies regarding the
grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not later than
180 days after the date of enactment of this section, the Secretary, in
consultation with other appropriate Federal agencies and appropriate
owners, users, or operators of infrastructure that may be defense
critical electric infrastructure, shall identify and designate
facilities located in the United States (including the territories)
that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies
and appropriate owners, users, or operators of defense critical
electric infrastructure, periodically revise the list of designated
facilities as necessary.
``(d) Protection and Sharing of Critical Electric Infrastructure
Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal,
State, political subdivision or tribal authority
pursuant to any Federal, State, political subdivision
or tribal law requiring public disclosure of
information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after the
date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, shall promulgate
such regulations and issue such orders as necessary to--
``(A) designate information as critical electric
infrastructure information;
``(B) prohibit the unauthorized disclosure of
critical electric infrastructure information;
``(C) ensure there are appropriate sanctions in
place for Commissioners, officers, employees, or agents
of the Commission who knowingly and willfully disclose
critical electric infrastructure information in a
manner that is not authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing
of critical electric infrastructure information with,
between, and by--
``(i) Federal, State, political
subdivision, and tribal authorities;
``(ii) the Electric Reliability
Organization;
``(iii) regional entities;
``(iv) information sharing and analysis
centers established pursuant to Presidential
Decision Directive 63;
``(v) owners, operators, and users of
critical electric infrastructure in the United
States; and
``(vi) other entities determined
appropriate by the Commission.
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in reviewing
the prudence and cost of investments, determining the rates and
terms of conditions for electric services, and ensuring the
safety and reliability of the bulk-power system and
distribution facilities within their respective jurisdictions.
``(4) Protocols.--The Commission shall, in consultation
with Canadian and Mexican authorities, develop protocols for
the voluntary sharing of critical electric infrastructure
information with Canadian and Mexican authorities and owners,
operators, and users of the bulk-power system outside the
United States.
``(5) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or
tribal authorities, or any other person or entity.
``(6) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(7) Disclosure of protected information.--In implementing
this section, the Commission shall segregate critical electric
infrastructure information or information that reasonably could
be expected to lead to the disclosure of the critical electric
infrastructure information within documents and electronic
communications, wherever feasible, to facilitate disclosure of
information that is not designated as critical electric
infrastructure information.
``(8) Duration of designation.--Information may not be
designated as critical electric infrastructure information for
longer than 5 years, unless specifically re-designated by the
Commission.
``(9) Removal of designation.--The Commission shall remove
the designation of critical electric infrastructure
information, in whole or in part, from a document or electronic
communication if the Commission determines that the
unauthorized disclosure of such information could no longer be
used to impair the security or reliability of the bulk-power
system or distribution facilities.
``(10) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission concerning
the designation of critical electric infrastructure information
under this subsection shall be subject to review under chapter
7 of title 5, United States Code, except that such review shall
be brought in the district court of the United States in the
district in which the complainant resides, or has his principal
place of business, or in the District of Columbia. In such a
case the court shall examine in camera the contents of
documents or electronic communications that are the subject of
the determination under review to determine whether such
documents or any part thereof were improperly designated or not
designated as critical electric infrastructure information.
``(e) Measures to Address Grid Security Vulnerabilities.--
``(1) Commission authority.--
``(A) Reliability standards.--If the Commission, in
consultation with appropriate Federal agencies,
identifies a grid security vulnerability that the
Commission determines has not adequately been addressed
through a reliability standard developed and approved
under section 215, the Commission shall, after notice
and opportunity for comment and after consultation with
the Secretary, other appropriate Federal agencies, and
appropriate governmental authorities in Canada and
Mexico, issue an order directing the Electric
Reliability Organization to submit to the Commission
for approval under section 215, not later than 30 days
after the issuance of such order, a reliability
standard requiring implementation, by any owner,
operator, or user of the bulk-power system in the
United States, of measures to protect the bulk-power
system against such vulnerability. Any such standard
shall include a protection plan, including automated
hardware-based solutions. The Commission shall approve
a reliability standard submitted pursuant to this
subparagraph, unless the Commission determines that
such reliability standard does not adequately protect
against such vulnerability or otherwise does not
satisfy the requirements of section 215.
``(B) Measures to address grid security
vulnerabilities.--If the Commission, after notice and
opportunity for comment and after consultation with the
Secretary, other appropriate Federal agencies, and
appropriate governmental authorities in Canada and
Mexico, determines that the reliability standard
submitted by the Electric Reliability Organization to
address a grid security vulnerability identified under
subparagraph (A) does not adequately protect the bulk-
power system against such vulnerability, the Commission
shall promulgate a rule or issue an order requiring
implementation, by any owner, operator, or user of the
bulk-power system in the United States, of measures to
protect the bulk-power system against such
vulnerability. Any such rule or order shall include a
protection plan, including automated hardware-based
solutions. Before promulgating a rule or issuing an
order under this subparagraph, the Commission shall, to
the extent practicable in light of the urgency of the
need for action to address the grid security
vulnerability, request and consider recommendations
from the Electric Reliability Organization regarding
such rule or order. The Commission may establish an
appropriate deadline for the submission of such
recommendations.
``(2) Rescission.--The Commission shall approve a
reliability standard developed under section 215 that addresses
a grid security vulnerability that is the subject of a rule or
order under paragraph (1)(B), unless the Commission determines
that such reliability standard does not adequately protect
against such vulnerability or otherwise does not satisfy the
requirements of section 215. Upon such approval, the Commission
shall rescind the rule promulgated or order issued under
paragraph (1)(B) addressing such vulnerability, effective upon
the effective date of the newly approved reliability standard.
``(3) Geomagnetic storms and electromagnetic pulse.--Not
later than 6 months after the date of enactment of this
section, the Commission shall, after notice and an opportunity
for comment and after consultation with the Secretary and other
appropriate Federal agencies, issue an order directing the
Electric Reliability Organization to submit to the Commission
for approval under section 215, not later than 6 months after
the issuance of such order, reliability standards adequate to
protect the bulk-power system from any reasonably foreseeable
geomagnetic storm or electromagnetic pulse event. The
Commission's order shall specify the nature and magnitude of
the reasonably foreseeable events against which such standards
must protect. Such standards shall appropriately balance the
risks to the bulk-power system associated with such events,
including any regional variation in such risks, the costs of
mitigating such risks, and the priorities and timing associated
with implementation. If the Commission determines that the
reliability standards submitted by the Electric Reliability
Organization pursuant to this paragraph are inadequate, the
Commission shall promulgate a rule or issue an order adequate
to protect the bulk-power system from geomagnetic storms or
electromagnetic pulse as required under paragraph (1)(B).
``(4) Large transformer availability.--Not later than 1
year after the date of enactment of this section, the
Commission shall, after notice and an opportunity for comment
and after consultation with the Secretary and other appropriate
Federal agencies, issue an order directing the Electric
Reliability Organization to submit to the Commission for
approval under section 215, not later than 1 year after the
issuance of such order, reliability standards addressing
availability of large transformers. Such standards shall
require entities that own or operate large transformers to
ensure, individually or jointly, adequate availability of large
transformers to promptly restore the reliable operation of the
bulk-power system in the event that any such transformer is
destroyed or disabled as a result of a geomagnetic storm event
or electromagnetic pulse event. The Commission's order shall
specify the nature and magnitude of the reasonably foreseeable
events that shall provide the basis for such standards. Such
standards shall--
``(A) provide entities subject to the standards
with the option of meeting such standards individually
or jointly; and
``(B) appropriately balance the risks associated
with a reasonably foreseeable event, including any
regional variation in such risks, and the costs of
ensuring adequate availability of spare transformers.
``(5) Certain federal entities.--For the 11-year period
commencing on the date of enactment of this section, the
Tennessee Valley Authority and the Bonneville Power
Administration shall be exempt from any requirement under this
subsection.
``(f) Security Clearances.--The Secretary shall facilitate and, to
the extent practicable, expedite the acquisition of adequate security
clearances by key personnel of any entity subject to the requirements
of this section, to enable optimum communication with Federal agencies
regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appropriate
Federal agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
``(g) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or omission
taken by an entity that is necessary to comply with an order
for emergency measures issued under subsection (b)(1),
including any action or omission taken to voluntarily comply
with such order, results in noncompliance with, or causes such
entity not to comply with any rule, order, regulation, or
provision of this Act, including any reliability standard
approved by the Commission pursuant to section 215, such action
or omission shall not be considered a violation of such rule,
order, regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of critical electric infrastructure or of
defense critical electric infrastructure to comply with an
order for emergency measures issued under subsection (b)(1)
shall be treated as an action or omission taken to comply with
an order issued under section 202(c) for purposes of such
section.
``(3) Sharing or receipt of information.--No cause of
action shall lie or be maintained in any Federal or State court
for the sharing or receipt of information under, and that is
conducted in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1) by
taking an action or omission for which they would be liable but
for paragraph (1) or (2), takes such action or omission in a
grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''.
SEC. 1105. STRATEGIC TRANSFORMER RESERVE.
(a) Finding.--Congress finds that the storage of strategically
located spare large power transformers and emergency mobile substations
will reduce the vulnerability of the United States to multiple risks
facing electric grid reliability, including physical attack, cyber
attack, electromagnetic pulse, geomagnetic disturbances, severe
weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not
economically viable; or
(ii) the extensive time to repair or
refurbish the large power transformer would
create an extended period of instability in the
bulk-power system; and
(B) prior to sustaining such damage, was part of
the bulk-power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency
mobile substation'' means a mobile substation or mobile
transformer that is--
(A) assembled and permanently mounted on a trailer
that is capable of highway travel and meets relevant
Department of Transportation regulations; and
(B) intended for express deployment and capable of
being rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum
nameplate rating of 100 megavolt-amperes or higher, including
related critical equipment, that is, or is intended to be, a
part of the bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be available
to temporarily replace a critically damaged large power
transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the Office
of Electricity Delivery and Energy Reliability, shall, in
consultation with the Federal Energy Regulatory Commission, the
Electricity Sub-sector Coordinating Council, the Electric
Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations,
prepare and submit to Congress a plan to establish a Strategic
Transformer Reserve for the storage, in strategically located
facilities, of spare large power transformers and emergency
mobile substations in sufficient numbers to temporarily replace
critically damaged large power transformers and substations
that are critical electric infrastructure or serve defense and
military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number and type of spare large
power transformers necessary to provide or restore
sufficient resiliency to the bulk-power system,
critical electric infrastructure, and defense and
military installations to mitigate significant impacts
to the electric grid resulting from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for
which an inventory of spare equipment, including
emergency mobile substations, is necessary to provide
or restore sufficient resiliency to the bulk-power
system, critical electric infrastructure, and defense
and military installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of
spare equipment, joint ownership of spare equipment
inventory, sharing agreements, or other spare equipment
reserves or arrangements, satisfy the needs identified
under subparagraphs (A) and (B);
(D) the potential locations for, and feasibility
and appropriate number of, strategic storage locations
for reserve equipment, including consideration of--
(i) the physical security of such
locations;
(ii) the protection of the confidentiality
of such locations; and
(iii) the proximity of such locations to
sites of potentially critically damaged large
power transformers and substations that are
critical electric infrastructure or serve
defense and military installations, so as to
enable efficient delivery of equipment to such
sites;
(E) the necessary degree of flexibility of spare
large power transformers to be included in the
Strategic Transformer Reserve to conform to different
substation configurations, including consideration of
transformer--
(i) power and voltage rating for each
winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and
operation costs;
(G) the funding options available to establish,
stock, manage, and maintain the Strategic Transformer
Reserve, including consideration of fees on owners and
operators of bulk-power system facilities, critical
electric infrastructure, and defense and military
installations relying on the Strategic Transformer
Reserve, use of Federal appropriations, and public-
private cost-sharing options;
(H) the ease and speed of transportation,
installation, and energization of spare large power
transformers to be included in the Strategic
Transformer Reserve, including consideration of factors
such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate
transformer mounting pads;
(v) flexibility of the spare large power
transformers as described in subparagraph (E);
and
(vi) ability to rapidly transition a spare
large power transformer from storage to
energization;
(I) eligibility criteria for withdrawal of
equipment from the Strategic Transformer Reserve;
(J) the process by which owners or operators of
critically damaged large power transformers or
substations that are critical electric infrastructure
or serve defense and military installations may apply
for a withdrawal from the Strategic Transformer
Reserve;
(K) the process by which equipment withdrawn from
the Strategic Transformer Reserve is returned to the
Strategic Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and
operators of large power transformers and substations
that are critical electric infrastructure or serve
defense and military installations to cover operating
costs of the Strategic Transformer Reserve;
(N) the domestic and international large power
transformer supply chain;
(O) the potential reliability, cost, and
operational benefits of including emergency mobile
substations in any Strategic Transformer Reserve
established under this section; and
(P) other considerations for designing,
constructing, stocking, funding, and managing the
Strategic Transformer Reserve.
(d) Establishment.--The Secretary may establish a Strategic
Transformer Reserve in accordance with the plan prepared pursuant to
subsection (c) after the date that is 6 months after the date on which
such plan is submitted to Congress.
(e) Disclosure of Information.--Any information included in the
Strategic Transformer Reserve plan, or shared in the preparation and
development of such plan, the disclosure of which the agency reasonably
foresees would cause harm to critical electric infrastructure, shall be
deemed to be critical electric infrastructure information for purposes
of section 215A(d) of the Federal Power Act.
SEC. 1106. CYBER SENSE.
(a) In General.--The Secretary of Energy shall establish a
voluntary Cyber Sense program to identify and promote cyber-secure
products intended for use in the bulk-power system, as defined in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(b) Program Requirements.--In carrying out subsection (a), the
Secretary of Energy shall--
(1) establish a Cyber Sense testing process to identify
products and technologies intended for use in the bulk-power
system, including products relating to industrial control
systems, such as supervisory control and data acquisition
systems;
(2) for products tested and identified under the Cyber
Sense program, establish and maintain cybersecurity
vulnerability reporting processes and a related database;
(3) promulgate regulations regarding vulnerability
reporting processes for products tested and identified under
the Cyber Sense program;
(4) provide technical assistance to utilities, product
manufacturers, and other electric sector stakeholders to
develop solutions to mitigate identified vulnerabilities in
products tested and identified under the Cyber Sense program;
(5) biennially review products tested and identified under
the Cyber Sense program for vulnerabilities and provide
analysis with respect to how such products respond to and
mitigate cyber threats;
(6) develop procurement guidance for utilities for products
tested and identified under the Cyber Sense program;
(7) provide reasonable notice to the public, and solicit
comments from the public, prior to establishing or revising the
Cyber Sense testing process;
(8) oversee Cyber Sense testing carried out by third
parties; and
(9) consider incentives to encourage the use in the bulk-
power system of products tested and identified under the Cyber
Sense program.
(c) Disclosure of Information.--Any vulnerability reported pursuant
to regulations promulgated under subsection (b)(3), the disclosure of
which the agency reasonably foresees would cause harm to critical
electric infrastructure (as defined in section 215A of the Federal
Power Act), shall be deemed to be critical electric infrastructure
information for purposes of section 215A(d) of the Federal Power Act.
(d) Federal Government Liability.--Consistent with other voluntary
Federal Government certification programs, nothing in this section
shall be construed to authorize the commencement of an action against
the United States Government with respect to the testing and
identification of a product under the Cyber Sense program.
SEC. 1107. STATE COVERAGE AND CONSIDERATION OF PURPA STANDARDS FOR
ELECTRIC UTILITIES.
(a) State Consideration of Resiliency and Advanced Energy Analytics
Technologies and Reliable Generation.--
(1) Consideration.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding the following at the end:
``(20) Improving the resilience of electric
infrastructure.--
``(A) In general.--Each electric utility shall
develop a plan to use resiliency-related technologies,
upgrades, measures, and other approaches designed to
improve the resilience of electric infrastructure,
mitigate power outages, continue delivery of vital
services, and maintain the flow of power to facilities
critical to public health, safety, and welfare, to the
extent practicable using the most current data,
metrics, and frameworks related to current and future
threats, including physical and cyber attacks,
electromagnetic pulse attacks, geomagnetic
disturbances, seismic events, and severe weather and
other environmental stressors.
``(B) Resiliency-related technologies.--For
purposes of this paragraph, examples of resiliency-
related technologies, upgrades, measures, and other
approaches include--
``(i) hardening, or other enhanced
protection, of utility poles, wiring, cabling,
and other distribution components, facilities,
or structures;
``(ii) advanced grid technologies capable
of isolating or repairing problems remotely,
such as advanced metering infrastructure, high-
tech sensors, grid monitoring and control
systems, and remote reconfiguration and
redundancy systems;
``(iii) cybersecurity products and
components;
``(iv) distributed generation, including
back-up generation to power critical facilities
and essential services, and related integration
components, such as advanced inverter
technology;
``(v) microgrid systems, including hybrid
microgrid systems for isolated communities;
``(vi) combined heat and power;
``(vii) waste heat resources;
``(viii) non-grid-scale energy storage
technologies;
``(ix) wiring, cabling, and other
distribution components, including submersible
distribution components, and enclosures;
``(x) electronically controlled reclosers
and similar technologies for power restoration,
including emergency mobile substations, as
defined in section 1105 of the North American
Energy Security and Infrastructure Act of 2015;
``(xi) advanced energy analytics
technology, such as Internet-based and cloud-
based computing solutions and subscription
licensing models;
``(xii) measures that enhance resilience
through planning, preparation, response, and
recovery activities;
``(xiii) operational capabilities to
enhance resilience through rapid response
recovery; and
``(xiv) measures to ensure availability of
key critical components through contracts,
cooperative agreements, stockpiling and
prepositioning, or other measures.
``(C) Rate recovery.--Each State regulatory
authority (with respect to each electric utility for
which it has ratemaking authority) shall consider
authorizing each such electric utility to recover any
capital, operating expenditure, or other costs of the
electric utility related to the procurement,
deployment, or use of resiliency-related technologies,
including a reasonable rate of return on the capital
expenditures of the electric utility for the
procurement, deployment, or use of resiliency-related
technologies.
``(21) Promoting investments in advanced energy analytics
technology.--
``(A) In general.--Each electric utility shall
develop and implement a plan for deploying advanced
energy analytics technology.
``(B) Rate recovery.--Each State regulatory
authority (with respect to each electric utility for
which it has ratemaking authority) shall consider
confirming and clarifying, if necessary, that each such
electric utility is authorized to recover the costs of
the electric utility relating to the procurement,
deployment, or use of advanced energy analytics
technology, including a reasonable rate of return on
all such costs incurred by the electric utility for the
procurement, deployment, or use of advanced energy
analytics technology, provided such technology is used
by the electric utility for purposes of realizing
operational efficiencies, cost savings, enhanced energy
management and customer engagement, improvements in
system reliability, safety, and cybersecurity, or other
benefits to ratepayers.
``(C) Advanced energy analytics technology.--For
purposes of this paragraph, examples of advanced energy
analytics technology include Internet-based and cloud-
based computing solutions and subscription licensing
models, including software as a service that uses
cyber-physical systems to allow the correlation of data
aggregated from appropriate data sources and smart grid
sensor networks, employs analytics and machine
learning, or employs other advanced computing solutions
and models.
``(22) Assuring electric reliability with reliable
generation.--
``(A) Assurance of electric reliability.--Each
electric utility shall adopt or modify policies to
ensure that such electric utility incorporates reliable
generation into its integrated resource plan to assure
the availability of electric energy over a 10-year
planning period.
``(B) Reliable generation.--For purposes of this
paragraph, `reliable generation' means electric
generation facilities with reliability attributes that
include--
``(i)(I) possession of adequate fuel on-
site to enable operation for an extended period
of time;
``(II) the operational ability to generate
electric energy from more than one source; or
``(III) fuel certainty, through firm
contractual obligations (which may not be
required to be for a period longer than one
year), that ensures adequate fuel supply to
enable operation, for an extended period of
time, for the duration of an emergency or
severe weather conditions;
``(ii) operational characteristics that
enable the generation of electric energy for
the duration of an emergency or severe weather
conditions; and
``(iii) unless procured through other
procurement mechanisms, essential reliability
services, including frequency support and
regulation services.
``(23) Subsidization of customer-side technology.--
``(A) Consideration.--To the extent that a State
regulatory authority may require or allow rates charged
by any electric utility for which it has ratemaking
authority to electric consumers that do not use a
customer-side technology to include any cost, fee, or
charge that directly or indirectly cross-subsidizes the
deployment, construction, maintenance, or operation of
that customer-side technology, such authority shall
evaluate whether subsidizing the deployment,
construction, maintenance, or operation of a customer-
side technology would--
``(i) result in benefits predominately
enjoyed by only the users of that customer-side
technology;
``(ii) shift costs of a customer-side
technology to electricity consumers that do not
use that customer-side technology, particularly
where disparate economic or resource conditions
exist among the electricity consumers cross-
subsidizing the costumer-side technology;
``(iii) negatively affect resource
utilization, fuel diversity, or grid security;
``(iv) provide any unfair competitive
advantage to market the customer-side
technology; and
``(v) be necessary to fulfill an obligation
to serve electric consumers.
``(B) Public notice.--Each State regulatory
authority shall make available to the public the
evaluation completed under subparagraph (A) at least 90
days prior to any proceedings in which such authority
considers the cross-subsidization of a customer-side
technology.
``(C) Customer-side technology.--For purposes of
this paragraph, the term `customer-side technology'
means a device connected to the electricity
distribution system--
``(i) at, or on the customer side of, the
meter; or
``(ii) that, if owned or operated by or on
behalf of an electric utility, would otherwise
be at, or on the customer side of, the
meter.''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(b)) is amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility, as
applicable, shall commence the consideration referred to in
section 111, or set a hearing date for consideration, with
respect to the standards established by paragraphs (20), (22),
and (23) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility,
as applicable, shall complete the consideration, and shall make
the determination, referred to in section 111 with respect to
each standard established by paragraphs (20), (22), and (23) of
section 111(d).
``(8)(A) Not later than 6 months after the date of
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility
shall commence the consideration referred to in section 111, or
set a hearing date for consideration, with respect to the
standard established by paragraph (21) of section 111(d).
``(B) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which it has ratemaking authority)
and each nonregulated electric utility shall complete the
consideration, and shall make the determination, referred to in
section 111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(B) Failure to comply.--Section 112(c) of the
Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2622(c)) is amended by adding the following at
the end: ``In the case of the standards established by
paragraphs (20) through (23) of section 111(d), the
reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference
to the date of enactment of such paragraphs.''.
(C) Prior state actions.--Section 112 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended by adding at the end the following new
subsection:
``(g) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to a standard established by paragraph (20), (21),
(22), or (23) of section 111(d) in the case of any electric utility in
a State if--
``(1) before the date of enactment of this subsection, the
State has implemented for such utility the standard concerned
(or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility during the 3-year
period ending on the date of enactment of this subsection; or
``(3) the State legislature has voted on the implementation
of the standard concerned (or a comparable standard) for such
utility during the 3-year period ending on the date of
enactment of this subsection.''.
(b) Coverage for Competitive Markets.--Section 102 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2612) is amended by
adding at the end the following:
``(d) Coverage for Competitive Markets.--The requirements of this
title do not apply to the operations of an electric utility, or to
proceedings respecting such operations, to the extent that such
operations or proceedings, or any portion thereof, relate to the
competitive sale of retail electric energy that is unbundled or
separated from the regulated provision or sale of distribution
service.''.
SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES THAT AFFECT ELECTRIC
GENERATING FACILITIES.
(a) Applicability.--This section shall apply with respect to any
proposed or final covered rule issued by a Federal agency for which
compliance with the rule may impact an electric utility generating unit
or units, including by resulting in closure or interruption to
operations of such a unit or units.
(b) Reliability Analysis.--
(1) Analysis of rules.--The Federal Energy Regulatory
Commission, in consultation with the Electric Reliability
Organization, shall conduct an independent reliability analysis
of a proposed or final covered rule under this section to
evaluate the anticipated effects of implementation and
enforcement of the rule on--
(A) electric reliability and resource adequacy;
(B) the electricity generation portfolio of the
United States;
(C) the operation of wholesale electricity markets;
and
(D) energy delivery and infrastructure, including
electric transmission facilities and natural gas
pipelines.
(2) Relevant information.--
(A) Materials from federal agencies.--A Federal
agency shall provide to the Commission materials and
information relevant to the analysis required under
paragraph (1) for a rule, including relevant data,
modeling, and resource adequacy and reliability
assessments, prepared or relied upon by such agency in
developing the rule.
(B) Analyses from other entities.--The Electric
Reliability Organization, regional entities, regional
transmission organizations, independent system
operators, and other reliability coordinators and
planning authorities shall timely conduct analyses and
provide such information as may be reasonably requested
by the Commission.
(3) Notice.--A Federal agency shall provide to the
Commission notice of the issuance of any proposed or final
covered rule not later than 15 days after the date of such
issuance.
(c) Proposed Rules.--Not later than 150 days after the date of
publication in the Federal Register of a proposed rule described in
subsection (a), the Federal Energy Regulatory Commission shall make
available to the public an analysis of the proposed rule conducted in
accordance with subsection (b), and any relevant special assessment or
seasonal or long-term reliability assessment completed by the Electric
Reliability Organization.
(d) Final Rules.--
(1) Inclusion.--A final rule described in subsection (a)
shall include, if available at the time of issuance, a copy of
the analysis conducted pursuant to subsection (c) of the rule
as proposed.
(2) Analysis.--Not later than 120 days after the date of
publication in the Federal Register of a final rule described
in subsection (a), the Federal Energy Regulatory Commission
shall make available to the public an analysis of the final
rule conducted in accordance with subsection (b), and any
relevant special assessment or seasonal or long-term
reliability assessment completed by the Electric Reliability
Organization.
(e) Definitions.--In this section:
(1) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given to such term
in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551 of title 5,
United States Code.
(3) Covered rule.--The term ``covered rule'' means a
proposed or final rule that is estimated by the Federal agency
issuing the rule, or the Director of the Office of Management
and Budget, to result in an annual effect on the economy of
$1,000,000,000 or more.
SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO CARBON CAPTURE,
UTILIZATION, AND SEQUESTRATION PROJECTS.
(a) DOE Evaluation.--
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall, in accordance with
this section, annually conduct an evaluation, and make
recommendations, with respect to each project conducted by the
Secretary for research, development, demonstration, or
deployment of carbon capture, utilization, and sequestration
technologies (also known as carbon capture and storage and
utilization technologies).
(2) Scope.--For purposes of this section, a project
includes any contract, lease, cooperative agreement, or other
similar transaction with a public agency or private
organization or person, entered into or performed, or any
payment made, by the Secretary for research, development,
demonstration, or deployment of carbon capture, utilization,
and sequestration technologies.
(b) Requirements for Evaluation.--In conducting an evaluation of a
project under this section, the Secretary shall--
(1) examine if the project has made advancements toward
achieving any specific goal of the project with respect to a
carbon capture, utilization, and sequestration technology; and
(2) evaluate and determine if the project has made
significant progress in advancing a carbon capture,
utilization, and sequestration technology.
(c) Recommendations.--For each evaluation of a project conducted
under this section, if the Secretary determines that--
(1) significant progress in advancing a carbon capture,
utilization, and sequestration technology has been made, the
Secretary shall assess the funding of the project and make a
recommendation as to whether increased funding is necessary to
advance the project; or
(2) significant progress in advancing a carbon capture,
utilization, and sequestration technology has not been made,
the Secretary shall--
(A) assess the funding of the project and make a
recommendation as to whether increased funding is
necessary to advance the project;
(B) assess and determine if the project has reached
its full potential; and
(C) make a recommendation as to whether the project
should continue.
(d) Reports.--
(1) Report on evaluations and recommendations.--Not later
than 2 years after the date of enactment of this Act, and every
2 years thereafter, the Secretary shall--
(A) issue a report on the evaluations conducted and
recommendations made during the previous year pursuant
to this section; and
(B) make each such report available on the Internet
website of the Department of Energy.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, and every 3 years thereafter, the
Secretary shall submit to the Subcommittee on Energy and Power
of the Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Energy and Natural Resources and the
Committee on Commerce, Science, and Transportation of the
Senate a report on--
(A) the evaluations conducted and recommendations
made during the previous 3 years pursuant to this
section; and
(B) the progress of the Department of Energy in
advancing carbon capture, utilization, and
sequestration technologies, including progress in
achieving the Department of Energy's goal of having an
array of advanced carbon capture and sequestration
technologies ready by 2020 for large-scale
demonstration.
SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL
TRANSMISSION ORGANIZATIONS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.), as
amended by section 1104, is further amended by adding after section
215A the following new section:
``SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL
TRANSMISSION ORGANIZATIONS.
``(a) Existing Capacity Markets.--
``(1) Analysis concerning capacity market design.--Not
later than 180 days after the date of enactment of this
section, each Regional Transmission Organization, and each
Independent System Operator, that operates a capacity market,
or a comparable market intended to ensure the procurement and
availability of sufficient future electric energy resources,
that is subject to the jurisdiction of the Commission, shall
provide to the Commission an analysis of how the structure of
such market meets the following criteria:
``(A) The structure of such market utilizes
competitive market forces to the extent practicable in
procuring capacity resources.
``(B) Consistent with subparagraph (A), the
structure of such market includes resource-neutral
performance criteria that ensure the procurement of
sufficient capacity from physical generation facilities
that have reliability attributes that include--
``(i)(I) possession of adequate fuel on-
site to enable operation for an extended period
of time;
``(II) the operational ability to generate
electric energy from more than one fuel source;
or
``(III) fuel certainty, through firm
contractual obligations, that ensures adequate
fuel supply to enable operation, for an
extended period of time, for the duration of an
emergency or severe weather conditions;
``(ii) operational characteristics that
enable the generation of electric energy for
the duration of an emergency or severe weather
conditions; and
``(iii) unless procured through other
markets or procurement mechanisms, essential
reliability services, including frequency
support and regulation services.
``(2) Commission evaluation and report.--Not later than 1
year after the date of enactment of this section, the
Commission shall make publicly available, and submit to the
Committee on Energy and Commerce in the House of
Representatives and the Committee on Energy and Natural
Resources in the Senate, a report containing--
``(A) evaluation of whether the structure of each
market addressed in an analysis submitted pursuant to
paragraph (1) meets the criteria under such paragraph,
based on the analysis; and
``(B) to the extent a market so addressed does not
meet such criteria, any recommendations with respect to
the procurement of sufficient capacity, as described in
paragraph (1)(B).
``(b) Commission Evaluation and Report for New Schedules.--
``(1) Inclusion of analysis in filing.--Except as provided
in subsection (a)(2), whenever a Regional Transmission
Organization or Independent System Operator files a new
schedule under section 205 to establish a market described in
subsection (a)(1), or that substantially modifies the capacity
market design of a market described in subsection (a)(1), the
Regional Transmission Organization or Independent System
Operator shall include in any such filing the analysis required
by subsection (a)(1).
``(2) Evaluation and report.--Not later than 180 days of
receiving an analysis under paragraph (1), the Commission shall
make publicly available, and submit to the Committee on Energy
and Commerce in the House of Representatives and the Committee
on Energy and Natural Resources in the Senate, a report
containing--
``(A) an evaluation of whether the structure of the
market addressed in the analysis meets the criteria
under subsection (a)(1), based on the analysis; and
``(B) to the extent the market does not meet such
criteria, any recommendations with respect to the
procurement of sufficient capacity, as described in
subsection (a)(1)(B).
``(c) Effect on Existing Approvals.--Nothing in this section shall
be considered to--
``(1) require a modification of the Commission's approval
of the capacity market design approved pursuant to docket
numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-2419-
000; or
``(2) provide grounds for the Commission to grant rehearing
or otherwise modify orders issued in those dockets.''.
SEC. 1111. ETHANE STORAGE STUDY.
(a) In General.--The Secretary of Energy and the Secretary of
Commerce, in consultation with other relevant agencies and
stakeholders, shall conduct a study on the feasibility of establishing
an ethane storage and distribution hub in the United States.
(b) Contents.--The study conducted under subsection (a) shall
include--
(1) an examination of--
(A) potential locations;
(B) economic feasibility;
(C) economic benefits;
(D) geological storage capacity capabilities;
(E) above ground storage capabilities;
(F) infrastructure needs; and
(G) other markets and trading hubs, particularly
related to ethane; and
(2) identification of potential additional benefits to
energy security.
(c) Publication of Results.--Not later than 2 years after the date
of enactment of this Act, the Secretaries of Energy and Commerce shall
publish the results of the study conducted under subsection (a) on the
websites of the Departments of Energy and Commerce, respectively, and
shall submit such results to the Committee on Energy and Commerce of
the House of Representatives and the Committees on Energy and Natural
Resources and Commerce, Science, and Transportation of the Senate.
SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZATION.
It is the policy of the United States to promote and advance--
(1) the modernization of the energy delivery infrastructure
of the United States, and bolster the reliability,
affordability, diversity, efficiency, security, and resiliency
of domestic energy supplies, through advanced grid
technologies;
(2) the modernization of the electric grid to enable a
robust multi-directional power flow that leverages centralized
energy resources and distributed energy resources, enables
robust retail transactions, and facilitates the alignment of
business and regulatory models to achieve a grid that optimizes
the entire electric delivery system;
(3) relevant research and development in advanced grid
technologies, including--
(A) energy storage;
(B) predictive tools and requisite real-time data
to enable the dynamic optimization of grid operations;
(C) power electronics, including smart inverters,
that ease the challenge of intermittent renewable
resources and distributed generation;
(D) real-time data and situational awareness tools
and systems; and
(E) tools to increase data security, physical
security, and cybersecurity awareness and protection;
(4) the leadership of the United States in basic and
applied sciences to develop a systems approach to innovation
and development of cyber-secure advanced grid technologies,
architectures, and control paradigms capable of managing
diverse supplies and loads;
(5) the safeguarding of the critical energy delivery
infrastructure of the United States and the enhanced resilience
of the infrastructure to all hazards, including--
(A) severe weather events;
(B) cyber and physical threats; and
(C) other factors that affect energy delivery;
(6) the coordination of goals, investments to optimize the
grid, and other measures for energy efficiency, advanced grid
technologies, interoperability, and demand response-side
management resources;
(7) partnerships with States and the private sector--
(A) to facilitate advanced grid capabilities and
strategies; and
(B) to provide technical assistance, tools, or
other related information necessary to enhance grid
integration, particularly in connection with the
development at the State and local levels of strategic
energy, energy surety and assurance, and emergency
preparedness, response, and restoration planning;
(8) the deployment of information and communications
technologies at all levels of the electric system;
(9) opportunities to provide consumers with timely
information and advanced control options;
(10) sophisticated or advanced control options to integrate
distributed energy resources and associated ancillary services;
(11) open-source communications, database architectures,
and common information model standards, guidelines, and
protocols that enable interoperability to maximize efficiency
gains and associated benefits among--
(A) the grid;
(B) energy and building management systems; and
(C) residential, commercial, and industrial
equipment;
(12) private sector investment in the energy delivery
infrastructure of the United States through targeted
demonstration and validation of advanced grid technologies; and
(13) establishment of common valuation methods and tools
for cost-benefit analysis of grid integration paradigms.
SEC. 1113. GRID RESILIENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the Congress a report on
methods to increase electric grid resilience with respect to all
threats, including cyber attacks, vandalism, terrorism, and severe
weather.
SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RESPONSE CENTER.
The Comptroller General of the United States shall conduct a study
of ways in which the capabilities of the National Response Center could
be improved.
SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL
LANDS.
(a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C.
185) is amended as follows:
(1) In subsection (b)--
(A) by striking ``(b)(1) For the purposes of this
section `Federal lands' means'' and inserting the
following:
``(b)(1) For the purposes of this section `Federal lands'--
``(A) except as provided in subparagraph (B), means'';
(B) by striking the period at the end of paragraph
(1) and inserting ``; and'' and by adding at the end of
paragraph (1) the following:
``(B) for purposes of granting an application for a natural
gas pipeline right-of-way, means all lands owned by the United
States except--
``(i) such lands held in trust for an Indian or
Indian tribe; and
``(ii) lands on the Outer Continental Shelf.''.
(2) By redesignating subsection (b), as so amended, as
subsection (z), and transferring such subsection to appear
after subsection (y) of that section.
(3) By inserting after subsection (a) the following:
``(b) National Energy Security Corridors.--
``(1) Designation.--In addition to other authorities under
this section, the Secretary shall--
``(A) identify and designate suitable Federal lands
as National Energy Security Corridors (in this
subsection referred to as a `Corridor'), which shall be
used for construction, operation, and maintenance of
natural gas transmission facilities; and
``(B) incorporate such Corridors upon designation
into the relevant agency land use and resource
management plans or equivalent plans.
``(2) Considerations.--In evaluating Federal lands for
designation as a National Energy Security Corridor, the
Secretary shall--
``(A) employ the principle of multiple use to
ensure route decisions balance national energy security
needs with existing land use principles;
``(B) seek input from other Federal counterparts,
State, local, and tribal governments, and affected
utility and pipeline industries to determine the best
suitable, most cost-effective, and commercially viable
acreage for natural gas transmission facilities;
``(C) focus on transmission routes that improve
domestic energy security through increasing
reliability, relieving congestion, reducing natural gas
prices, and meeting growing demand for natural gas; and
``(D) take into account technological innovations
that reduce the need for surface disturbance.
``(3) Procedures.--The Secretary shall establish procedures
to expedite and approve applications for rights-of-way for
natural gas pipelines across National Energy Security
Corridors, that--
``(A) ensure a transparent process for review of
applications for rights-of-way on such corridors;
``(B) require an approval time of not more than 1
year after the date of receipt of an application for a
right-of-way; and
``(C) require, upon receipt of such an application,
notice to the applicant of a predictable timeline for
consideration of the application, that clearly
delineates important milestones in the process of such
consideration.
``(4) State input.--
``(A) Requests authorized.--The Governor of a State
may submit requests to the Secretary of the Interior to
designate Corridors on Federal land in that State.
``(B) Consideration of requests.--After receiving
such a request, the Secretary shall respond in writing,
within 30 days--
``(i) acknowledging receipt of the request;
and
``(ii) setting forth a timeline in which
the Secretary shall grant, deny, or modify such
request and state the reasons for doing so.
``(5) Spatial distribution of corridors.--In implementing
this subsection, the Secretary shall coordinate with other
Federal Departments to--
``(A) minimize the proliferation of duplicative
natural gas pipeline rights-of-way on Federal lands
where feasible;
``(B) ensure Corridors can connect effectively
across Federal lands; and
``(C) utilize input from utility and pipeline
industries submitting applications for rights-of-way to
site corridors in economically feasible areas that
reduce impacts, to the extent practicable, on local
communities.
``(6) Not a major federal action.--Designation of a
Corridor under this subsection, and incorporation of Corridors
into agency plans under paragraph (1)(B), shall not be treated
as a major Federal action for purpose of section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(7) No limit on number or length of corridors.--Nothing
in this subsection limits the number or physical dimensions of
Corridors that the Secretary may designate under this
subsection.
``(8) Other authority not affected.--Nothing in this
subsection affects the authority of the Secretary to issue
rights-of-way on Federal land that is not located in a Corridor
designated under this subsection.
``(9) NEPA clarification.--All applications for rights-of-
way for natural gas transmission facilities across Corridors
designated under this subsection shall be subject to the
environmental protections outlined in subsection (h).''.
(b) Applications Received Before Designation of Corridors.--Any
application for a right-of-way under section 28 of the Mineral Leasing
Act (30 U.S.C. 185) that is received by the Secretary of the Interior
before designation of National Energy Security Corridors under the
amendment made by subsection (a) of this section shall be reviewed and
acted upon independently by the Secretary without regard to the process
for such designation.
(c) Deadline.--Within 2 years after the date of the enactment of
this Act, the Secretary of the Interior shall designate at least 10
National Energy Security Corridors under the amendment made by
subsection (a) in States referred to in section 368(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15926(b)).
SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE ON FEDERAL LANDS CONTAINING ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITIES.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end
the following new section:
``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
``(a) General Direction.--In order to enhance the reliability of
the electric grid and reduce the threat of wildfires to and from
electric transmission and distribution rights-of-way and related
facilities and adjacent property, the Secretary, with respect to public
lands and other lands under the jurisdiction of the Secretary, and the
Secretary of Agriculture, with respect to National Forest System lands,
shall provide direction to ensure that all existing and future rights-
of-way, however established (including by grant, special use
authorization, and easement), for electric transmission and
distribution facilities on such lands include provisions for utility
vegetation management, facility inspection, and operation and
maintenance activities that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of an electric
transmission and distribution facility to operate and maintain
the facility in good working order and to comply with Federal,
State, and local electric system reliability and fire safety
requirements, including reliability standards established by
the North American Electric Reliability Corporation and plans
to meet such reliability standards;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management, facility
inspection, and operation and maintenance activities
within existing electric transmission and distribution
rights-of-way; and
``(B) utility vegetation management activities that
are necessary to control hazard trees within or
adjacent to electric transmission and distribution
rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to avoid
fire hazards.
``(b) Vegetation Management, Facility Inspection, and Operation and
Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary and the Secretary of Agriculture
shall provide owners and operators of electric transmission and
distribution facilities located on lands described in such
subsection with the option to develop and submit a vegetation
management, facility inspection, and operation and maintenance
plan, that at each owner or operator's discretion may cover
some or all of the owner or operator's electric transmission
and distribution rights-of-way on Federal lands, for approval
to the Secretary with jurisdiction over the lands. A plan under
this paragraph shall enable the owner or operator of an
electric transmission and distribution facility, at a minimum,
to comply with applicable Federal, State, and local electric
system reliability and fire safety requirements, as provided in
subsection (a)(2). The Secretaries shall not have the authority
to modify those requirements.
``(2) Review and approval process.--The Secretary and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
``(A) vegetation management, facility inspection,
and operation and maintenance plans submitted under
paragraph (1) that--
``(i) assures prompt review and approval
not to exceed 90 days;
``(ii) includes timelines and benchmarks
for agency comments on submitted plans and
final approval of such plans;
``(iii) is consistent with applicable law;
and
``(iv) minimizes the costs of the process
to the reviewing agency and the entity
submitting the plans; and
``(B) amendments to the plans in a prompt manner if
changed conditions necessitate a modification to a
plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any
changed conditions that warrant a modification to a
plan;
``(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition; and
``(C) allow the owner or operator to continue to
implement those elements of the approved plan that do
not directly and adversely affect the condition
precipitating the need for modification.
``(4) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this
subsection on existing electric transmission and distribution
rights-of-way under this subsection.
``(5) Implementation.--A plan approved under this
subsection shall become part of the authorization governing the
covered right-of-way and hazard trees adjacent to the right-of-
way. If a vegetation management plan is proposed for an
existing electric transmission and distribution facility
concurrent with the siting of a new electric transmission or
distribution facility, necessary reviews shall be completed as
part of the siting process or sooner. Once the plan is
approved, the owner or operator shall provide the agency with
only a notification of activities anticipated to be undertaken
in the coming year, a description of those activities, and
certification that the activities are in accordance with the
plan.
``(c) Response to Emergency Conditions.--If vegetation on Federal
lands within, or hazard trees on Federal lands adjacent to, an electric
transmission or distribution right-of-way granted by the Secretary or
the Secretary of Agriculture has contacted or is in imminent danger of
contacting one or more electric transmission or distribution lines, the
owner or operator of the electric transmission or distribution lines--
``(1) may prune or remove the vegetation to avoid the
disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such removal.
``(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent to an
electric transmission or distribution right-of-way under the
jurisdiction of each Secretary does not meet clearance requirements
under standards established by the North American Electric Reliability
Corporation, or by State and local authorities, and the Secretary
having jurisdiction over the lands has failed to act to allow an
electric transmission or distribution facility owner or operator to
conduct vegetation management activities within 3 business days after
receiving a request to allow such activities, the owner or operator
may, after notifying the Secretary, conduct such vegetation management
activities to meet those clearance requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under subsections
(c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of an electric transmission
or distribution facility shall not be held liable for wildfire damage,
loss, or injury, including the cost of fire suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator to operate consistently with an
approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State, or local electric
system reliability and fire safety standards, including
standards established by the North American Electric
Reliability Corporation; or
``(2) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator of the electric transmission or
distribution facility to perform appropriate vegetation
management activities in response to an identified hazard tree,
or a tree in imminent danger of contacting the owner's or
operator's electric transmission or distribution facility.
``(g) Training and Guidance.--In consultation with the electric
utility industry, the Secretary and the Secretary of Agriculture are
encouraged to develop a program to train personnel of the Department of
the Interior and the Forest Service involved in vegetation management
decisions relating to electric transmission and distribution facilities
to ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation;
``(2) assist owners and operators of electric transmission
and distribution facilities to comply with applicable electric
reliability and fire safety requirements; and
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to
incorporate on a voluntary basis vegetation management
practices to enhance habitats and forage for pollinators and
for other wildlife so long as the practices are compatible with
the integrated vegetation management practices necessary for
reliability and safety.
``(h) Implementation.--The Secretary and the Secretary of
Agriculture shall--
``(1) not later than one year after the date of the
enactment of this section, propose regulations, or amended
existing regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amended
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--Nothing in this section requires an
owner or operator to develop and submit a vegetation management,
facility inspection, and operation and maintenance plan if one has
already been approved by the Secretary or Secretary of Agriculture
before the date of the enactment of this section.
``(j) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree
inside the right-of-way or located outside the right-of-way
that has been found by the either the owner or operator of an
electric transmission or distribution facility, or the
Secretary or the Secretary of Agriculture, to be likely to fail
and cause a high risk of injury, damage, or disruption within
10 feet of an electric power line or related structure if it
fell.
``(2) Owner or operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission and distribution facility.
``(3) Vegetation management, facility inspection, and
operation and maintenance plan.--The term `vegetation
management, facility inspection, and operation and maintenance
plan' means a plan that--
``(A) is prepared by the owner or operator of one
or more electric transmission or distribution
facilities to cover one or more electric transmission
and distribution rights-of-way; and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and
vegetation within the width of the right-of-way and
adjacent Federal lands to enhance electric reliability,
promote public safety, and avoid fire hazards.''.
(b) Clerical Amendment.--The table of sections for the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
by inserting after the item relating to section 511 the following new
item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights-of-way.''.
Subtitle B--Hydropower Regulatory Modernization
SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN HYDROPOWER
LICENSING.
(a) Licences.--Section 4(e) of the Federal Power Act (16 U.S.C.
797(e)) is amended--
(1) by striking ``and'' after ``recreational
opportunities,''; and
(2) by inserting ``, and minimizing infringement on the
useful exercise and enjoyment of property rights held by
nonlicensees'' after ``aspects of environmental quality''.
(b) Private Landownership.--Section 10 of the Federal Power Act (16
U.S.C. 803) is amended--
(1) in subsection (a)(1), by inserting ``, including
minimizing infringement on the useful exercise and enjoyment of
property rights held by nonlicensees'' after ``section 4(e)'';
and
(2) by adding at the end the following:
``(k) Private Landownership.--In developing any recreational
resource within the project boundary, the licensee shall consider
private landownership as a means to encourage and facilitate--
``(1) private investment; and
``(2) increased tourism and recreational use.''.
SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT INVOLVING W. KERR SCOTT
DAM.
(a) In General.--Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that would
otherwise apply to the Federal Energy Regulatory Commission project
numbered 12642, the Commission may, at the request of the licensee for
the project, and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of that section
and the Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to 3 consecutive 2-year periods from
the date of the expiration of the extension originally issued by the
Commission.
(b) Reinstatement of Expired License.--If the period required for
commencement of construction of the project described in subsection (a)
has expired prior to the date of the enactment of this Act, the
Commission may reinstate the license effective as of the date of its
expiration and the first extension authorized under subsection (a)
shall take effect on the date of such expiration.
SEC. 1203. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
``(a) Definition.--In this section, the term `Federal
authorization'--
``(1) means any authorization required under Federal law
with respect to an application for a license, license
amendment, or exemption under this part; and
``(2) includes any permits, special use authorizations,
certifications, opinions, or other approvals as may be required
under Federal law to approve or implement the license, license
amendment, or exemption under this part.
``(b) Designation as Lead Agency.--
``(1) In general.--The Commission shall act as the lead
agency for the purposes of coordinating all applicable Federal
authorizations and for the purposes of complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Other agencies and indian tribes.--
``(A) In general.--Each Federal, State, and local
government agency and Indian tribe considering an
aspect of an application for Federal authorization
shall coordinate with the Commission and comply with
the deadline established in the schedule developed for
the project in accordance with the rule issued by the
Commission under subsection (c).
``(B) Identification.--The Commission shall
identify, as early as practicable after it is notified
by the applicant of a project or facility requiring
Commission action under this part, any Federal or State
agency, local government, or Indian tribe that may
consider an aspect of an application for a Federal
authorization.
``(C) Notification.--
``(i) In general.--The Commission shall
notify any agency and Indian tribe identified
under subparagraph (B) of the opportunity to
participate in the process of reviewing an
aspect of an application for a Federal
authorization.
``(ii) Deadline.--Each agency and Indian
tribe receiving a notice under clause (i) shall
submit a response acknowledging receipt of the
notice to the Commission within 30 days of
receipt of such notice and request.
``(D) Issue identification and resolution.--
``(i) Identification of issues.--Federal,
State, and local government agencies and Indian
tribes that may consider an aspect of an
application for Federal authorization shall
identify, as early as possible, and share with
the Commission and the applicant, any issues of
concern identified during the pendency of the
Commission's action under this part relating to
any Federal authorization that may delay or
prevent the granting of such authorization,
including any issues that may prevent the
agency or Indian tribe from meeting the
schedule established for the project in
accordance with the rule issued by the
Commission under subsection (c).
``(ii) Issue resolution.--The Commission
may forward any issue of concern identified
under clause (i) to the heads of the relevant
State and Federal agencies (including, in the
case of scheduling concerns identified by a
State or local government agency or Indian
tribe, the Federal agency overseeing the
delegated authority, or the Secretary of the
Interior with regard to scheduling concerns
identified by an Indian tribe) for resolution.
The Commission and any relevant agency shall
enter into a memorandum of understanding to
facilitate interagency coordination and
resolution of such issues of concern, as
appropriate.
``(c) Schedule.--
``(1) Commission rulemaking to establish process to set
schedule.--Within 180 days of the date of enactment of this
section the Commission shall, in consultation with the
appropriate Federal agencies, issue a rule, after providing for
notice and public comment, establishing a process for setting a
schedule following the filing of an application under this part
for the review and disposition of each Federal authorization.
``(2) Elements of scheduling rule.--In issuing a rule under
this subsection, the Commission shall ensure that the schedule
for each Federal authorization--
``(A) includes deadlines for actions by--
``(i) any Federal or State agency, local
government, or Indian tribe that may consider
an aspect of an application for the Federal
authorization;
``(ii) the applicant;
``(iii) the Commission; and
``(iv) other participants in a proceeding;
``(B) is developed in consultation with the
applicant and any agency and Indian tribe that submits
a response under subsection (b)(2)(C)(ii);
``(C) provides an opportunity for any Federal or
State agency, local government, or Indian tribe that
may consider an aspect of an application for the
applicable Federal authorization to identify and
resolve issues of concern, as provided in subsection
(b)(2)(D);
``(D) complies with applicable schedules
established under Federal and State law;
``(E) ensures expeditious completion of all
proceedings required under Federal and State law, to
the extent practicable; and
``(F) facilitates completion of Federal and State
agency studies, reviews, and any other procedures
required prior to, or concurrent with, the preparation
of the Commission's environmental document required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(d) Transmission of Final Schedule.--
``(1) In general.--For each application for a license,
license amendment, or exemption under this part, the Commission
shall establish a schedule in accordance with the rule issued
by the Commission under subsection (c). The Commission shall
publicly notice and transmit the final schedule to the
applicant and each agency and Indian tribe identified under
subsection (b)(2)(B).
``(2) Response.--Each agency and Indian tribe receiving a
schedule under this subsection shall acknowledge receipt of
such schedule in writing to the Commission within 30 days.
``(e) Adherence to Schedule.--All applicants, other licensing
participants, and agencies and tribes considering an aspect of an
application for a Federal authorization shall meet the deadlines set
forth in the schedule established pursuant to subsection (d)(1).
``(f) Application Processing.--The Commission, Federal, State, and
local government agencies, and Indian tribes may allow an applicant
seeking a Federal authorization to fund a third-party contractor
selected by such agency or tribe to assist in reviewing the
application. All costs of an agency or tribe incurred pursuant to
direct funding by the applicant, including all costs associated with
the third party contractor, shall not be considered costs of the United
States for the administration of this part under section 10(e).
``(g) Commission Recommendation on Scope of Environmental Review.--
For the purposes of coordinating Federal authorizations for each
project, the Commission shall consult with and make a recommendation to
agencies and Indian tribes receiving a schedule under subsection (d) on
the scope of the environmental review for all Federal authorizations
for such project. Each Federal and State agency and Indian tribe shall
give due consideration and may give deference to the Commission's
recommendations, to the extent appropriate under Federal law.
``(h) Failure To Meet Schedule.--A Federal, State, or local
government agency or Indian tribe that anticipates that it will be
unable to complete its disposition of a Federal authorization by the
deadline set forth in the schedule established under subsection (d)(1)
may file for an extension as provided under section 313(b)(2).
``(i) Consolidated Record.--The Commission shall, with the
cooperation of Federal, State, and local government agencies and Indian
tribes, maintain a complete consolidated record of all decisions made
or actions taken by the Commission or by a Federal administrative
agency or officer (or State or local government agency or officer or
Indian tribe acting under delegated Federal authority) with respect to
any Federal authorization. Such record shall constitute the record for
judicial review under section 313(b).''.
SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.
Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b)) is
amended--
(1) by striking ``(b) Any party'' and inserting the
following:
``(b) Judicial Review.--
``(1) In general.--Any party''; and
(2) by adding at the end the following:
``(2) Delay of a federal authorization.--Any Federal,
State, or local government agency or Indian tribe that will not
complete its disposition of a Federal authorization by the
deadline set forth in the schedule by the Commission under
section 34 may file for an extension in the United States court
of appeals for any circuit wherein the project or proposed
project is located, or in the United States Court of Appeals
for the District of Columbia. Such petition shall be filed not
later than 30 days prior to such deadline. The court shall only
grant an extension if the agency or tribe demonstrates, based
on the record maintained under section 34, that it otherwise
complied with the requirements of section 34 and that complying
with the schedule set by the Commission would have prevented
the agency or tribe from complying with applicable Federal or
State law. If the court grants the extension, the court shall
set a reasonable schedule and deadline, not to exceed 90 days,
for the agency to act on remand. If the court denies the
extension, or if an agency or tribe does not file for an
extension as provided in this subsection and does not complete
its disposition of a Federal authorization by the applicable
deadline, the Commission and applicant may move forward with
the proposed action.''.
SEC. 1205. LICENSING STUDY IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended
by section 1203, is further amended by adding at the end the following:
``SEC. 35. LICENSING STUDY IMPROVEMENTS.
``(a) In General.--To facilitate the timely and efficient
completion of the license proceedings under this part, the Commission
shall, in consultation with applicable Federal and State agencies and
interested members of the public--
``(1) compile current and accepted best practices in
performing studies required in such license proceedings,
including methodologies and the design of studies to assess the
full range of environmental impacts of a project that reflect
the most recent peer-reviewed science;
``(2) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this part; and
``(3) encourage license applicants, agencies, and Indian
tribes to develop and use, for the purpose of fostering timely
and efficient consideration of license applications, a limited
number of open-source methodologies and tools applicable across
a wide array of projects, including water balance models and
streamflow analyses.
``(b) Use of Studies.--To the extent practicable, the Commission
and other Federal, State, and local government agencies and Indian
tribes considering an aspect of an application for Federal
authorization shall use current, accepted science toward studies and
data in support of their actions. Any participant in a proceeding with
respect to a Federal authorization shall demonstrate a study requested
by the party is not duplicative of current, existing studies that are
applicable to the project.
``(c) Basin-Wide or Regional Review.--The Commission shall
establish a program to develop comprehensive plans, at the request of
project applicants, on a regional or basin-wide scale, in consultation
with the applicants, appropriate Federal agencies, and affected States,
local governments, and Indian tribes, in basins or regions with respect
to which there are more than one project or application for a project.
Upon such a request, the Commission, in consultation with the
applicants, such Federal agencies, and affected States, local
governments, and Indian tribes, may conduct or commission regional or
basin-wide environmental studies, with the participation of at least 2
applicants. Any study conducted under this subsection shall apply only
to a project with respect to which the applicant participates.''.
SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended
by section 1205, is further amended by adding at the end the following:
``SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Definition.--For purposes of this section, a closed-loop
pumped storage project is a project--
``(1) in which the upper and lower reservoirs do not
impound or directly withdraw water from navigable waters; or
``(2) that is not continuously connected to a naturally
flowing water feature.
``(b) In General.--As provided in this section, the Commission may
issue and amend licenses and preliminary permits, as appropriate, for
closed-loop pumped storage projects.
``(c) Dam Safety.--Before issuing any license for a closed-loop
pumped storage project, the Commission shall assess the safety of
existing dams and other structures related to the project (including
possible consequences associated with failure of such structures).
``(d) License Conditions.--With respect to a closed-loop pumped
storage project, the authority of the Commission to impose conditions
on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not
apply, and any condition included in or applicable to a closed-loop
pumped storage project licensed under this section, including any
condition or other requirement of a Federal authorization, shall be
limited to those that are--
``(1) necessary to protect public safety; or
``(2) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources directly caused by the
construction and operation of the project, as compared to the
environmental baseline existing at the time the Commission
completes its environmental review.
``(e) Transfers.--Notwithstanding section 5, and regardless of
whether the holder of a preliminary permit for a closed-loop pumped
storage project claimed municipal preference under section 7(a) when
obtaining the permit, the Commission may, to facilitate development of
a closed-loop pumped storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality.''.
SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended
by section 1206, is further amended by adding at the end the following:
``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.
``(a) Qualifying Project Upgrades.--
``(1) In general.--As provided in this section, the
Commission may approve an application for an amendment to a
license issued under this part for a qualifying project
upgrade.
``(2) Application.--A licensee filing an application for an
amendment to a project license under this section shall include
in such application information sufficient to demonstrate that
the proposed change to the project described in the application
is a qualifying project upgrade.
``(3) Initial determination.--Not later than 15 days after
receipt of an application under paragraph (2), the Commission
shall make an initial determination as to whether the proposed
change to the project described in the application for a
license amendment is a qualifying project upgrade. The
Commission shall publish its initial determination and issue
notice of the application filed under paragraph (2). Such
notice shall solicit public comment on the initial
determination within 45 days.
``(4) Public comment on qualifying criteria.--The
Commission shall accept public comment regarding whether a
proposed license amendment is for a qualifying project upgrade
for a period of 45 days beginning on the date of publication of
a public notice described in paragraph (3), and shall--
``(A) if no entity contests whether the proposed
license amendment is for a qualifying project upgrade
during such comment period, immediately publish a
notice stating that the initial determination has not
been contested; or
``(B) if an entity contests whether the proposed
license amendment is for a qualifying project upgrade
during the comment period, issue a written
determination in accordance with paragraph (5).
``(5) Written determination.--If an entity contests whether
the proposed license amendment is for a qualifying project
upgrade during the comment period under paragraph (4), the
Commission shall, not later than 30 days after the date of
publication of the public notice of the initial determination
under paragraph (3), issue a written determination as to
whether the proposed license amendment is for a qualifying
project upgrade.
``(6) Public comment on amendment application.--If no
entity contests whether the proposed license amendment is for a
qualifying project upgrade during the comment period under
paragraph (4) or the Commission issues a written determination
under paragraph (5) that a proposed license amendment is a
qualifying project upgrade, the Commission shall--
``(A) during the 60-day period beginning on the
date of publication of a notice under paragraph (4)(A)
or the date on which the Commission issues the written
determination under paragraph (5), as applicable,
solicit comments from each Federal, State, and local
government agency and Indian tribe considering an
aspect of an application for Federal authorization (as
defined in section 34) with respect to the proposed
license amendment, as well as other interested
agencies, Indian tribes, and members of the public; and
``(B) during the 90-day period beginning on the
date of publication of a notice under paragraph (4)(A)
or the date on which the Commission issues the written
determination under paragraph (5), as applicable,
consult with--
``(i) appropriate Federal agencies and the
State agency exercising administrative control
over the fish and wildlife resources, and water
quality and supply, of the State in which the
qualifying project upgrade is located;
``(ii) any Federal department supervising
any public lands or reservations occupied by
the qualifying project upgrade; and
``(iii) any Indian tribe affected by the
qualifying project upgrade.
``(7) Federal authorizations.--The schedule established by
the Commission under section 34 for any project upgrade under
this subsection shall require final disposition on all
necessary Federal authorizations (as defined in section 34),
other than final action by the Commission, by not later than
120 days after the date on which the Commission issues a notice
under paragraph (4)(A) or a written determination under
paragraph (5), as applicable.
``(8) Commission action.--Not later than 150 days after the
date on which the Commission issues a notice under paragraph
(4)(A) or a written determination under paragraph (5), as
applicable, the Commission shall take final action on the
license amendment application.
``(9) License amendment conditions.--Any condition included
in or applicable to a license amendment approved under this
subsection, including any condition or other requirement of a
Federal authorization, shall be limited to those that are--
``(A) necessary to protect public safety; or
``(B) reasonable, economically feasible, and
essential to prevent loss of or damage to, or to
mitigate adverse effects on, fish and wildlife
resources, water supply, and water quality that are
directly caused by the construction and operation of
the qualifying project upgrade, as compared to the
environmental baseline existing at the time the
Commission approves the application for the license
amendment.
``(10) Proposed license amendments that are not qualifying
project upgrades.--If the Commission determines under paragraph
(3) or (5) that a proposed license amendment is not for a
qualifying project upgrade, the procedures under paragraphs (6)
through (9) shall not apply to the application.
``(11) Rulemaking.--Not later than 180 days after the date
of enactment of this section, the Commission shall, after
notice and opportunity for public comment, issue a rule to
implement this subsection.
``(12) Definitions.--For purposes of this subsection:
``(A) Qualifying project upgrade.--The term
`qualifying project upgrade' means a change to a
project licensed under this part that meets the
qualifying criteria, as determined by the Commission.
``(B) Qualifying criteria.--The term `qualifying
criteria' means, with respect to a project license
under this part, a change to the project that--
``(i) if carried out, would be unlikely to
adversely affect any species listed as
threatened or endangered under the Endangered
Species Act of 1973 or result in the
destruction or adverse modification of critical
habitat, as determined in consultation with the
Secretary of the Interior or Secretary of
Commerce, as appropriate, in accordance with
section 7 of the Endangered Species Act of
1973;
``(ii) is consistent with any applicable
comprehensive plan under section 10(a)(2);
``(iii) includes only changes to project
lands, waters, or operations that, in the
judgment of the Commission, would result in
only insignificant or minimal cumulative
adverse environmental effects;
``(iv) would be unlikely to adversely
affect water quality and water supply; and
``(v) proposes to implement--
``(I) capacity increases,
efficiency improvements, or other
enhancements to hydropower generation
at the licensed project;
``(II) environmental protection,
mitigation, or enhancement measures to
benefit fish and wildlife resources or
other natural and cultural resources;
or
``(III) improvements to public
recreation at the licensed project.
``(b) Amendment Approval Processes.--
``(1) Rule.--Not later than 1 year after the date of
enactment of this section, the Commission shall, after notice
and opportunity for public comment, issue a rule establishing
new standards and procedures for license amendment applications
under this part. In issuing such rule, the Commission shall
seek to develop the most efficient and expedient process,
consultation, and review requirements, commensurate with the
scope of different categories of proposed license amendments.
Such rule shall account for differences in environmental
effects across a wide range of categories of license amendment
applications.
``(2) Capacity.--In issuing a rule under this subsection,
the Commission shall take into consideration that a change in
generating or hydraulic capacity may indicate the potential
environmental effects of a proposed amendment but is not
determinative of such effects.
``(3) Process options.--In issuing a rule under this
subsection, the Commission shall take into consideration the
range of process options available under the Commission's
regulations for new and original license applications and adapt
such options to amendment applications, where appropriate.''.
SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED
DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended
by section 1207, is further amended by adding at the end the following:
``SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED
DAMS.
``(a) Exemptions for Qualifying Facilities.--
``(1) Exemption qualifications.--Subject to the
requirements of this subsection, the Commission may grant an
exemption in whole or in part from the requirements of this
part, including any license requirements contained in this
part, to any facility the Commission determines is a qualifying
facility.
``(2) Consultation with federal and state agencies.--In
granting any exemption under this subsection, the Commission
shall consult with--
``(A) the United States Fish and Wildlife Service,
the National Marine Fisheries Service, and the State
agency exercising administrative control over the fish
and wildlife resources of the State in which the
facility will be located, in the manner provided by the
Fish and Wildlife Coordination Act;
``(B) any Federal department supervising any public
lands or reservations occupied by the project; and
``(C) any Indian tribe affected by the project.
``(3) Exemption conditions.--
``(A) In general.--The Commission shall include in
any exemption granted under this subsection only such
terms and conditions that the Commission determines
are--
``(i) necessary to protect public safety;
or
``(ii) reasonable, economically feasible,
and essential to prevent loss of or damage to,
or to mitigate adverse effects on, fish and
wildlife resources directly caused by the
construction and operation of the qualifying
facility, as compared to the environmental
baseline existing at the time the Commission
grants the exemption.
``(B) No changes to release regime.--No Federal
authorization required with respect to a qualifying
facility described in paragraph (1), including an
exemption granted by the Commission under this
subsection, may include any condition or other
requirement that results in any material change to the
storage, control, withdrawal, diversion, release, or
flow operations of the associated qualifying nonpowered
dam.
``(4) Environmental review.--The Commission's environmental
review under the National Environmental Policy Act of 1969 of a
proposed exemption under this subsection shall consist only of
an environmental assessment, unless the Commission determines,
by rule or order, that the Commission's obligations under such
Act for granting exemptions under this subsection can be met
through a categorical exclusion.
``(5) Violation of terms of exemption.--Any violation of a
term or condition of any exemption granted under this
subsection shall be treated as a violation of a rule or order
of the Commission under this Act.
``(6) Annual charges for enhancement activities.--Exemptees
under this subsection for any facility located at a non-Federal
dam shall pay to the United States reasonable annual charges in
an amount to be fixed by the Commission for the purpose of
funding environmental enhancement projects in watersheds in
which facilities exempted under this subsection are located.
Such annual charges shall be equivalent to the annual charges
for use of a Government dam under section 10(e), unless the
Commission determines, by rule, that a lower charge is
appropriate to protect exemptees' investment in the project or
avoid increasing the price to consumers of power due to such
charges. The proceeds of charges made by the Commission under
this paragraph shall be paid into the Treasury of the United
States and credited to miscellaneous receipts. Subject to
annual appropriation Acts, such proceeds shall be available to
Federal and State fish and wildlife agencies for purposes of
carrying out specific environmental enhancement projects in
watersheds in which one or more facilities exempted under this
subsection are located. Not later than 180 days after the date
of enactment of this section, the Commission shall establish
rules, after notice and opportunity for public comment, for the
collection and administration of annual charges under this
paragraph.
``(7) Effect of jurisdiction.--The jurisdiction of the
Commission over any qualifying facility exempted under this
subsection shall extend only to the qualifying facility
exempted and any associated primary transmission line, and
shall not extend to any conduit, dam, impoundment, shoreline or
other land, or any other project work associated with the
qualifying facility exempted under this subsection.
``(b) Definitions.--For purposes of this section--
``(1) Federal authorization.--The term `Federal
authorization' has the same meaning as provided in section 34.
``(2) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section,
the facility is not licensed under, or exempted from
the license requirements contained in, this part;
``(B) the facility will be associated with a
qualifying nonpowered dam;
``(C) the facility will be constructed, operated,
and maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result
in any material change to the storage, control,
withdrawal, diversion, release, or flow operations of
the associated qualifying nonpowered dam.
``(3) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to meet
the qualifying criteria.
``(4) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or
before the date of enactment of this section;
``(B) that is operated for the control, release, or
distribution of water for agricultural, municipal,
navigational, industrial, commercial, environmental,
recreational, aesthetic, or flood control purposes;
``(C) that, as of the date of enactment of this
section, is not equipped with hydropower generating
works that are licensed under, or exempted from the
license requirements contained in, this part; and
``(D) that, in the case of a non-Federal dam, has
been certified by an independent consultant approved by
the Commission as complying with the Commission's dam
safety requirements.''.
TITLE II--ENERGY SECURITY AND DIPLOMACY
SEC. 2001. SENSE OF CONGRESS.
Congress finds the following:
(1) North America's energy revolution has significantly
enhanced energy security in the United States, and
fundamentally changed the Nation's energy future from that of
scarcity to abundance.
(2) North America's energy abundance has increased global
energy supplies and reduced the price of energy for consumers
in the United States and abroad.
(3) Allies and trading partners of the United States,
including in Europe and Asia, are seeking stable and affordable
energy supplies from North America to enhance their energy
security.
(4) The United States has an opportunity to improve its
energy security and promote greater stability and affordability
of energy supplies for its allies and trading partners through
a more integrated, secure, and competitive North American
energy system.
(5) The United States also has an opportunity to promote
such objectives by supporting the free flow of energy
commodities and more open, transparent, and competitive global
energy markets, and through greater Federal agency coordination
relating to regulations or agency actions that significantly
affect the supply, distribution, or use of energy.
SEC. 2002. ENERGY SECURITY VALUATION.
(a) Establishment of Energy Security Valuation Methods.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Energy, in collaboration with the Secretary of State, shall develop and
transmit, after public notice and comment, to the Committee on Energy
and Commerce, the Committee on Science, Space, and Technology, and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Energy and Natural Resources, the Committee on Commerce,
Science, and Transportation, and the Committee on Foreign Relations of
the Senate a report that develops recommended United States energy
security valuation methods. In developing the report, the Secretaries
may consider the recommendations of the Administration's Quadrennial
Energy Review released on April 21, 2015. The report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and
partners;
(2) identify transparent and uniform or coordinated
procedures and criteria to ensure that energy-related actions
that significantly affect the supply, distribution,
transportation, or use of energy are evaluated with respect to
their potential impact on energy security, including their
impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy
markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and criteria
referred to in paragraph (2) are--
(A) evaluated consistently across the Federal
Government; and
(B) weighed appropriately and balanced with
environmental considerations required by Federal law.
(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant Federal,
State, private sector, and international participants, as appropriate
and consistent with applicable law.
SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy, in collaboration with the
Secretary of State, shall develop and transmit to the Committee on
Energy and Commerce and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Energy and Natural Resources
and the Committee on Foreign Relations of the Senate the plan described
in subsection (b).
(b) Purpose.--The plan referred to in subsection (a) shall
include--
(1) a recommended framework and implementation strategy
to--
(A) improve planning and coordination with Canada
and Mexico to enhance energy integration, strengthen
North American energy security, and promote
efficiencies in the exploration, production, storage,
supply, distribution, marketing, pricing, and
regulation of North American energy resources; and
(B) address--
(i) North American energy public data,
statistics, and mapping collaboration;
(ii) responsible and sustainable best
practices for the development of unconventional
oil and natural gas; and
(iii) modern, resilient energy
infrastructure for North America, including
physical infrastructure as well as
institutional infrastructure such as policies,
regulations, and practices relating to energy
development; and
(2) a recommended framework and implementation strategy to
improve collaboration with Caribbean and Central American
partners on energy security, including actions to support--
(A) more open, transparent, and competitive energy
markets;
(B) regulatory capacity building;
(C) improvements to energy transmission and
storage; and
(D) improvements to the performance of energy
infrastructure and efficiency.
(c) Participation.--In developing the plan referred to in
subsection (a), the Secretaries may consult with other Federal, State,
private sector, and international participants, as appropriate and
consistent with applicable law.
SEC. 2004. COLLECTIVE ENERGY SECURITY.
(a) In General.--The Secretary of Energy and the Secretary of State
shall collaborate to strengthen domestic energy security and the energy
security of the allies and trading partners of the United States,
including through actions that support or facilitate--
(1) energy diplomacy;
(2) the delivery of United States assistance, including
energy resources and technologies, to prevent or mitigate an
energy security crisis;
(3) the development of environmentally and commercially
sustainable energy resources;
(4) open, transparent, and competitive energy markets; and
(5) regulatory capacity building.
(b) Energy Security Forums.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Energy, in collaboration
with the Secretary of State, shall convene not less than 2 forums to
promote the collective energy security of the United States and its
allies and trading partners. The forums shall include participation by
the Secretary of Energy and the Secretary of State. In addition, an
invitation shall be extended to--
(1) appropriate representatives of foreign governments that
are allies or trading partners of the United States; and
(2) independent experts and industry representatives.
(c) Requirements.--The forums shall--
(1) consist of at least 1 Trans-Atlantic and 1 Trans-
Pacific energy security forum;
(2) be designed to foster dialogue among government
officials, independent experts, and industry representatives
regarding--
(A) the current state of global energy markets;
(B) trade and investment issues relevant to energy;
and
(C) barriers to more open, competitive, and
transparent energy markets; and
(3) be recorded and made publicly available on the
Department of Energy's website, including, not later than 30
days after each forum, publication on the website any
significant outcomes.
(d) Notification.--At least 30 days before each of the forums
referred to in subsection (b), the Secretary of Energy shall send a
notification regarding the forum to--
(1) the chair and the ranking minority member of the
Committee on Energy and Commerce and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the chair and ranking minority member of the Committee
on Energy and Natural Resources and the Committee on Foreign
Relations of the Senate.
SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission or the
United States Maritime Administration to site, construct, expand, or
operate LNG export facilities, the Department of Energy shall issue a
final decision on any application for the authorization to export
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not
later than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a), review
required by the National Environmental Policy Act of 1969 shall be
considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant to
National Environmental Policy Act of 1969 implementing
regulations.
(c) Public Disclosure of Export Destinations.--Section 3 of the
Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the
following:
``(g) Public Disclosure of LNG Export Destinations.--As a condition
for approval of any authorization to export LNG, the Secretary of
Energy shall require the applicant to publicly disclose the specific
destination or destinations of any such authorized LNG exports.''.
SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.
Notwithstanding any other provision of law, including any other
provision of this Act and any amendment made by this Act, to the extent
that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) applies to the issuance of a permit for the construction,
operation, or maintenance of a facility for the export of bulk
commodities, no such permit may be denied until each applicable Federal
agency has completed all reviews required for the facility under such
Act.
SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRASTRUCTURE PROJECTS.
(a) Finding.--Congress finds that the United States should
establish a more uniform, transparent, and modern process for the
construction, connection, operation, and maintenance of pipelines and
electric transmission facilities for the import and export of liquid
products, including water and petroleum, and natural gas and the
transmission of electricity to and from Canada and Mexico.
(b) Authorization of Certain Infrastructure Projects at the
National Boundary of the United States.--
(1) Requirement.--No person may construct, connect,
operate, or maintain a cross-border segment of a pipeline or
electric transmission facility for the import or export of
liquid products or natural gas, or the transmission of
electricity, to or from Canada or Mexico without obtaining a
certificate of crossing for such construction, connection,
operation, or maintenance under this subsection.
(2) Certificate of crossing.--
(A) Issuance.--
(i) In general.--Not later than 120 days
after final action is taken under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a cross-border
segment described in paragraph (1), the
relevant official identified under subparagraph
(B), in consultation with appropriate Federal
agencies, shall issue a certificate of crossing
for the cross-border segment unless the
relevant official finds that the construction,
connection, operation, or maintenance of the
cross-border segment is not in the public
interest of the United States.
(ii) Natural gas.--For the purposes of
natural gas pipelines, a finding with respect
to the public interest under section 3(a) of
the Natural Gas Act (15 U.S.C. 717b(a)) shall
serve as a finding under clause (i) of this
subparagraph.
(B) Relevant official.--The relevant official
referred to in subparagraph (A) is--
(i) the Secretary of State with respect to
liquid pipelines;
(ii) the Federal Energy Regulatory
Commission with respect to natural gas
pipelines; and
(iii) the Secretary of Energy with respect
to electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--The Secretary of Energy shall
require, as a condition of issuing a certificate of
crossing for an electric transmission facility, that
the cross-border segment be constructed, connected,
operated, or maintained consistent with all applicable
policies and standards of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the cross-border
segment of the electric transmission facility.
(3) Modifications to existing projects.--No certificate of
crossing shall be required under this subsection for a change
in ownership, volume expansion, downstream or upstream
interconnection, or adjustment to maintain flow (such as a
reduction or increase in the number of pump or compressor
stations) with respect to a liquid or natural gas pipeline or
electric transmission facility unless such modification would
result in a significant impact at the national boundary.
(4) Effect of other laws.--Nothing in this subsection shall
affect the application of any other Federal statute (including
the Natural Gas Act and the Energy Policy and Conservation Act)
to a project for which a certificate of crossing is sought
under this subsection.
(c) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``In the case of an
application for the importation or exportation of natural gas to or
from Canada or Mexico, the Commission shall grant the application not
later than 30 days after the date of receipt of the complete
application.''.
(d) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary''.
(e) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (b) through (d), and the
amendments made by such subsections, shall take effect on
January 20, 2017.
(2) Rulemaking deadlines.--Each relevant official described
in subsection (b)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (b); and
(B) not later than 1 year after the date of
enactment of this Act, publish in the Federal Register
a final rule to carry out the applicable requirements
of subsection (b).
(f) Definitions.--In this section--
(1) the term ``cross-border segment'' means the portion of
a liquid or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o);
(3) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796);
(4) the term ``liquid'' includes water, petroleum,
petroleum product, and any other substance that flows through a
pipeline other than natural gas; and
(5) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a).
SEC. 2008. REPORT ON SMART METER SECURITY CONCERNS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy shall transmit to Congress a report on the
weaknesses in currently available smart meters' security architecture
and features, including an absence of event logging, as described in
the Government Accountability Office testimony entitled ``Critical
Infrastructure Protection: Cybersecurity of the Nation's Electricity
Grid Requires Continued Attention'' on October 21, 2015.
TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY
Subtitle A--Energy Efficiency
CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY
SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
(a) Amendment.--Subtitle C of title V of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is
amended by adding at the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of, to the extent applicable by law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2017, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
(b) Conforming Amendment.--The table of contents for the Energy
Independence and Security Act of 2007 is amended by adding after the
item relating to section 529 the following:
``Sec. 530. Energy-efficient and energy-saving information
technologies.''.
SEC. 3112. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b)(2)(D)(iv), by striking ``determined
by the organization'' and inserting ``proposed by the
stakeholders'';
(2) by striking subsection (b)(3); and
(3) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the information
technology industry and other key stakeholders, with the goal of
producing results that accurately reflect the most relevant and useful
information available. In such collaboration, the Secretary and the
Administrator shall pay particular attention to organizations that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public interest
group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the
development of specifications; and
``(B) accredited standards development processes;
and
``(4) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, best practices, and benchmarks described
in subsection (b) for use by the Federal Energy Management Program, the
Energy Star Program, and other efficiency programs of the Department of
Energy or the Environmental Protection Agency.
``(e) Study.--The Secretary, in collaboration with the
Administrator, shall, not later than 18 months after the date of
enactment of the North American Energy Security and Infrastructure Act
of 2015, make available to the public an update to the Report to
Congress on Server and Data Center Energy Efficiency published on
August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920),
that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2008 through 2015;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing, in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--The Secretary, in
collaboration with key stakeholders and the Director of the Office of
Management and Budget, shall maintain a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency opportunities in
Federal data centers. Each Federal agency shall consider having the
data centers of the agency evaluated every 4 years, in accordance with
section 543(f) of the National Energy Conservation Policy Act (42
U.S.C. 8253), by energy practitioners certified pursuant to such
program.
``(g) Open Data Initiative.--The Secretary, in collaboration with
key stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal data center
energy usage data, with the purpose of making such data available and
accessible in a manner that encourages further data center innovation,
optimization, and consolidation. In establishing the initiative, the
Secretary shall consider the use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy and water efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the development
of an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
SEC. 3113. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM THERMAL
INSULATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy, in consultation with appropriate
Federal agencies and relevant stakeholders, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the impact of thermal insulation on both energy and water use
systems for potable hot and chilled water in Federal buildings, and the
return on investment of installing such insulation.
(b) Contents.--The report shall include--
(1) an analysis based on the cost of municipal or regional
water for delivered water and the avoided cost of new water;
and
(2) a summary of energy and water savings, including short-
term and long-term (20 years) projections of such savings.
SEC. 3114. BATTERY STORAGE REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall transmit to Congress a report on the
potential of battery energy storage that answers the following
questions:
(1) How do existing Federal standards impact the
development and deployment of battery storage systems?
(2) What are the benefits of using existing battery storage
technology, and what challenges exist to their widespread use?
What are some examples of existing battery storage projects
providing these benefits?
(3) What potential impact could large-scale battery storage
and behind-the-meter battery storage have on renewable energy
utilization?
(4) What is the potential of battery technology for grid-
scale use nationwide? What is the potential impact of battery
technology on the national grid capabilities?
(5) How much economic activity associated with large-scale
and behind-the-meter battery storage technology is located in
the United States? How many jobs do these industries account
for?
(6) What policies other than the Renewable Energy
Investment Tax Credit have research and available data shown to
promote renewable energy use and storage technology deployment
by State and local governments or private end-users?
SEC. 3115. FEDERAL PURCHASE REQUIREMENT.
(a) Definitions.--Section 203(b) of the Energy Policy Act of 2005
(42 U.S.C. 15852(b)) is amended by striking paragraph (2) and inserting
the following:
``(2) Renewable energy.--The term `renewable energy' means
electric energy, or thermal energy if resulting from a thermal
energy project placed in service after December 31, 2014,
generated from, or avoided by, solar, wind, biomass, landfill
gas, ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste (in accordance with
subsection (e)), qualified waste heat resource, or new
hydroelectric generation capacity achieved from increased
efficiency or additions of new capacity at an existing
hydroelectric project.
``(3) Qualified waste heat resource.--The term `qualified
waste heat resource' means--
``(A) exhaust heat or flared gas from any
industrial process;
``(B) waste gas or industrial tail gas that would
otherwise be flared, incinerated, or vented;
``(C) a pressure drop in any gas for an industrial
or commercial process; or
``(D) such other forms of waste heat as the
Secretary determines appropriate.''.
(b) Paper Recycling.--Section 203 of the Energy Policy Act of 2005
(42 U.S.C. 15852) is amended by adding at the end the following:
``(e) Paper Recycling.--
``(1) Separate collection.--For purposes of this section,
any Federal agency may consider electric energy generation
purchased from a facility to be renewable energy if the
municipal solid waste used by the facility to generate the
electricity is--
``(A) separately collected (within the meaning of
section 246.101(z) of title 40, Code of Federal
Regulations, as in effect on the date of enactment of
the North American Energy Security and Infrastructure
Act of 2015) from paper that is commonly recycled; and
``(B) processed in a way that keeps paper that is
commonly recycled segregated from non-recyclable solid
waste.
``(2) Incidental inclusion.--Municipal solid waste used to
generate electric energy that meets the conditions described in
paragraph (1) shall be considered renewable energy even if the
municipal solid waste contains incidental commonly recycled
paper.
``(3) No effect on existing processes.--Nothing in
paragraph (1) shall be interpreted to require a State or
political subdivision of a State, directly or indirectly, to
change the systems, processes, or equipment it uses to collect,
treat, dispose of, or otherwise use municipal solid waste,
within the meaning of the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), nor require a change to the regulations that
implement subtitle D of such Act (42 U.S.C. 6941 et seq.).''.
SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Energy Performance Requirement for Federal Buildings.--
``(1) Requirement.--Subject to paragraph (2), each agency
shall apply energy conservation measures to, and shall improve
the design for the construction of, the Federal buildings of
the agency (including each industrial or laboratory facility)
so that the energy consumption per gross square foot of the
Federal buildings of the agency in fiscal years 2006 through
2017 is reduced, as compared with the energy consumption per
gross square foot of the Federal buildings of the agency in
fiscal year 2003, by the percentage specified in the following
table:
Percentage
``Fiscal Year Reduction
2006............................................... 2
2007............................................... 4
2008............................................... 9
2009............................................... 12
2010............................................... 15
2011............................................... 18
2012............................................... 21
2013............................................... 24
2014............................................... 27
2015............................................... 30
2016............................................... 33
2017............................................... 36.
``(2) Exclusion for buildings with energy intensive
activities.--
``(A) In general.--An agency may exclude from the
requirements of paragraph (1) any building (including
the associated energy consumption and gross square
footage) in which energy intensive activities are
carried out.
``(B) Reports.--Each agency shall identify and list
in each report made under section 548(a) the buildings
designated by the agency for exclusion under
subparagraph (A).
``(3) Review.--Not later than December 31, 2017, the
Secretary shall--
``(A) review the results of the implementation of
the energy performance requirements established under
paragraph (1); and
``(B) based on the review conducted under
subparagraph (A), submit to Congress a report that
addresses the feasibility of requiring each agency to
apply energy conservation measures to, and improve the
design for the construction of, the Federal buildings
of the agency (including each industrial or laboratory
facility) so that the energy consumption per gross
square foot of the Federal buildings of the agency in
each of fiscal years 2018 through 2030 is reduced, as
compared with the energy consumption per gross square
foot of the Federal buildings of the agency in the
prior fiscal year, by 3 percent.''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (F), (G), and
(H), respectively; and
(ii) by inserting after subparagraph (D)
the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of
commissioning using monitored data, the primary goal of
which is to ensure continuous optimum performance of a
facility, in accordance with design or operating needs,
over the useful life of the facility, while meeting
facility occupancy requirements.'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Energy management system.--An energy manager
designated under subparagraph (A) shall consider use of
a system to manage energy use at the facility and
certification of the facility in accordance with the
International Organization for Standardization standard
numbered 50001 and entitled `Energy Management
Systems'.'';
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in
subparagraph (B), effective beginning on the date that
is 180 days after the date of enactment of the North
American Energy Security and Infrastructure Act of
2015, and annually thereafter, each energy manager
shall complete, for each calendar year, a comprehensive
energy and water evaluation and recommissioning or
retrocommissioning for approximately 25 percent of the
facilities of that energy manager's agency that meet
the criteria under paragraph (2)(B) in a manner that
ensures that an evaluation of each facility is
completed at least once every 4 years.
``(B) Exceptions.--An evaluation and
recommissioning or recommissioning shall not be
required under subparagraph (A) with respect to a
facility that--
``(i) has had a comprehensive energy and
water evaluation during the 8-year period
preceding the date of the evaluation;
``(ii)(I) has been commissioned,
recommissioned, or retrocommissioned during the
10-year period preceding the date of the
evaluation; or
``(II) is under ongoing commissioning,
recommissioning, or retrocommissioning;
``(iii) has not had a major change in
function or use since the previous evaluation
and commissioning, recommissioning, or
retrocommissioning;
``(iv) has been benchmarked with public
disclosure under paragraph (8) within the year
preceding the evaluation; and
``(v)(I) based on the benchmarking, has
achieved at a facility level the most recent
cumulative energy savings target under
subsection (a) compared to the earlier of--
``(aa) the date of the most recent
evaluation; or
``(bb) the date--
``(AA) of the most recent
commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing
commissioning, recommissioning,
or retrocommissioning began; or
``(II) has a long-term contract in place
guaranteeing energy savings at least as great
as the energy savings target under subclause
(I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
date of completion of each evaluation under paragraph
(3), each energy manager may--
``(i) implement any energy- or water-saving
measure that the Federal agency identified in
the evaluation conducted under paragraph (3)
that is life-cycle cost effective; and
``(ii) bundle individual measures of
varying paybacks together into combined
projects.
``(B) Measures not implemented.--Each energy
manager, as part of the certification system under
paragraph (7) and using guidelines developed by the
Secretary, shall provide an explanation regarding any
life-cycle cost-effective measures described in
subparagraph (A)(i) that have not been implemented.'';
and
(D) in paragraph (7)(C), by adding at the end the
following:
``(iii) Summary report.--The Secretary
shall make publicly available a report that
summarizes the information tracked under
subparagraph (B)(i) by each agency and, as
applicable, by each type of measure.''.
SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS;
CERTIFICATION SYSTEM AND LEVEL FOR FEDERAL BUILDINGS.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(17) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards for
new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all
that follows through the end of subparagraph (B) and
inserting the following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year
after the date of enactment of the North
American Energy Security and Infrastructure Act
of 2015, the Secretary shall establish, by
rule, revised Federal building energy
efficiency performance standards that require
that--
``(I) new Federal buildings and
alterations and additions to existing
Federal buildings--
``(aa) meet or exceed the
most recent revision of the
IECC (in the case of
residential buildings) or
ASHRAE Standard 90.1 (in the
case of commercial buildings)
as of the date of enactment of
the North American Energy
Security and Infrastructure Act
of 2015; and
``(bb) meet or exceed the
energy provisions of State and
local building codes applicable
to the building, if the codes
are more stringent than the
IECC or ASHRAE Standard 90.1,
as applicable;
``(II) unless demonstrated not to
be life-cycle cost effective for new
Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings be
designed to achieve energy
consumption levels that are at
least 30 percent below the
levels established in the
version of the ASHRAE Standard
or the IECC, as appropriate,
that is applied under subclause
(I)(aa), including updates
under subparagraph (B); and
``(bb) sustainable design
principles are applied to the
location, siting, design, and
construction of all new Federal
buildings and replacement
Federal buildings;
``(III) if water is used to achieve
energy efficiency, water conservation
technologies shall be applied to the
extent that the technologies are life-
cycle cost effective; and
``(IV) if life-cycle cost
effective, as compared to other
reasonably available technologies, not
less than 30 percent of the hot water
demand for each new Federal building or
Federal building undergoing a major
renovation be met through the
installation and use of solar hot water
heaters.
``(ii) Limitation.--Clause (i)(I) shall not
apply to unaltered portions of existing Federal
buildings and systems that have been added to
or altered.
``(B) Updates.--Not later than 1 year after the
date of approval of each subsequent revision of ASHRAE
Standard 90.1 or the IECC, as appropriate, the
Secretary shall determine whether the revised standards
established under subparagraph (A) should be updated to
reflect the revisions, based on the energy savings and
life-cycle cost effectiveness of the revisions.'';
(B) in subparagraph (C), by striking ``(C) In the
budget request'' and inserting the following:
``(C) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking ``(D) Not later than'' and
all that follows through the end of the first
sentence of clause (i)(III) and inserting the
following:
``(D) Certification for green buildings.--
``(i) In general.--'';
(ii) by striking clause (ii);
(iii) in clause (iii), by striking ``(iii)
In identifying'' and inserting the following:
``(ii) Considerations.--In identifying'';
(iv) in clause (iv)--
(I) by striking ``(iv) At least
once'' and inserting the following:
``(iii) Study.--At least once''; and
(II) by striking ``clause (iii)''
and inserting ``clause (ii)'';
(v) in clause (v)--
(I) by striking ``(v) The Secretary
may'' and inserting the following:
``(iv) Internal certification processes.--
The Secretary may''; and
(II) by striking ``clause
(i)(III)'' each place it appears and
inserting ``clause (i)'';
(vi) in clause (vi)--
(I) by striking ``(vi) With
respect'' and inserting the following:
``(v) Privatized military housing.--With
respect''; and
(II) by striking ``develop
alternative criteria to those
established by subclauses (I) and (III)
of clause (i) that achieve an
equivalent result in terms of energy
savings, sustainable design, and'' and
inserting ``develop alternative
certification systems and levels than
the systems and levels identified under
clause (i) that achieve an equivalent
result in terms of''; and
(vii) in clause (vii), by striking ``(vii)
In addition to'' and inserting the following:
``(vi) Water conservation technologies.--In
addition to''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) every 5 years, review the Federal building energy
standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.
SEC. 3118. OPERATION OF BATTERY RECHARGING STATIONS IN PARKING AREAS
USED BY FEDERAL EMPLOYEES.
(a) Authorization.--
(1) In general.--The head of any office of the Federal
Government which owns or operates a parking area for the use of
its employees (either directly or indirectly through a
contractor) may install, construct, operate, and maintain on a
reimbursable basis a battery recharging station in such area
for the use of privately owned vehicles of employees of the
office and others who are authorized to park in such area.
(2) Use of vendors.--The head of an office may carry out
paragraph (1) through a contract with a vendor, under such
terms and conditions (including terms relating to the
allocation between the office and the vendor of the costs of
carrying out the contract) as the head of the office and the
vendor may agree to.
(b) Imposition of Fees To Cover Costs.--
(1) Fees.--The head of an office of the Federal Government
which operates and maintains a battery recharging station under
this section shall charge fees to the individuals who use the
station in such amount as is necessary to ensure that office
recovers all of the costs it incurs in installing,
constructing, operating, and maintaining the station.
(2) Deposit and availability of fees.--Any fees collected
by the head of an office under this subsection shall be--
(A) deposited monthly in the Treasury to the credit
of the appropriations account for salaries and expenses
of the office; and
(B) available for obligation without further
appropriation during--
(i) the fiscal year collected; and
(ii) the fiscal year following the fiscal
year collected.
(c) No Effect on Existing Programs for House and Senate.--Nothing
in this section may be construed to affect the installation,
construction, operation, or maintenance of battery recharging stations
by the Architect of the Capitol--
(1) under Public Law 112-170 (2 U.S.C. 2171), relating to
employees of the House of Representatives and individuals
authorized to park in any parking area under the jurisdiction
of the House of Representatives on the Capitol Grounds; or
(2) under Public Law 112-167 (2 U.S.C. 2170), relating to
employees of the Senate and individuals authorized to park in
any parking area under the jurisdiction of the Senate on the
Capitol Grounds.
(d) Effective Date.--This section shall apply with respect to
fiscal year 2016 and each succeeding fiscal year.
SEC. 3119. REPORT ON ENERGY SAVINGS AND GREENHOUSE GAS EMISSIONS
REDUCTION FROM CONVERSION OF CAPTURED METHANE TO ENERGY.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy, in consultation with appropriate
Federal agencies and relevant stakeholders, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the impact of captured methane converted for energy and power
generation on Federal lands, Federal buildings, and relevant
municipalities that use such generation, and the return on investment
and reduction in greenhouse gas emissions of utilizing such power
generation.
(b) Contents.--The report shall include--
(1) a summary of energy performance and savings resulting
from the utilization of such power generation, including short-
term and long-term (20 years) projections of such savings; and
(2) an analysis of the reduction in greenhouse emissions
resulting from the utilization of such power generation.
CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING
SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE LABELS.
Section 324(a)(2) of the Energy Policy and Conservation Act (42
U.S.C. 6294(a)(2)) is amended by adding the following at the end:
``(J) Smart grid capability on energy guide
labels.--
``(i) Rule.--Not later than 1 year after
the date of enactment of this subparagraph, the
Commission shall initiate a rulemaking to
consider making a special note in a prominent
manner on any Energy Guide label for any
product that includes Smart Grid capability
that--
``(I) Smart Grid capability is a
feature of that product;
``(II) the use and value of that
feature depend on the Smart Grid
capability of the utility system in
which the product is installed and the
active utilization of that feature by
the customer; and
``(III) on a utility system with
Smart Grid capability, the use of the
product's Smart Grid capability could
reduce the customer's cost of the
product's annual operation as a result
of the incremental energy and
electricity cost savings that would
result from the customer taking full
advantage of such Smart Grid
capability.
``(ii) Deadline.--Not later than 3 years
after the date of enactment of this
subparagraph, the Commission shall complete the
rulemaking initiated under clause (i).''.
SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING,
FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.
Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C.
6296(b)) is amended by adding at the end the following:
``(6) Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.--
``(A) Reliance on voluntary programs.--For the
purpose of verifying compliance with energy
conservation standards established under sections 325
and 342 for covered products described in paragraphs
(3), (4), (5), (9), and (11) of section 322(a) and
covered equipment described in subparagraphs (B), (C),
(D), (F), (I), (J), and (K) of section 340(1), the
Secretary shall rely on testing conducted by recognized
voluntary verification programs that are recognized by
the Secretary in accordance with subparagraph (B).
``(B) Recognition of voluntary verification
programs.--
``(i) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall initiate a negotiated
rulemaking in accordance with subchapter III of
chapter 5 of title 5, United States Code
(commonly known as the `Negotiated Rulemaking
Act of 1990') to develop criteria that have
consensus support for achieving recognition by
the Secretary as an approved voluntary
verification program. Any subsequent amendment
to such criteria may be made only pursuant to a
subsequent negotiated rulemaking in accordance
with subchapter III of chapter 5 of title 5,
United States Code.
``(ii) Minimum requirements.--The criteria
developed under clause (i) shall, at a minimum,
ensure that a voluntary verification program--
``(I) is nationally recognized;
``(II) is operated by a third party
and not directly operated by a program
participant;
``(III) satisfies any applicable
elements of--
``(aa) International
Organization for
Standardization standard
numbered 17025; and
``(bb) any other relevant
International Organization for
Standardization standards
identified and agreed to
through the negotiated
rulemaking under clause (i);
``(IV) at least annually tests
independently obtained products
following the test procedures
established under this title to verify
the certified rating of a
representative sample of products and
equipment within the scope of the
program;
``(V) maintains a publicly
available list of all ratings of
products subject to verification;
``(VI) requires the changing of the
performance rating or removal of the
product or equipment from the program
if testing determines that the
performance rating does not meet the
levels the manufacturer has certified
to the Secretary;
``(VII) requires new program
participants to substantiate ratings
through test data generated in
accordance with Department of Energy
regulations;
``(VIII) allows for challenge
testing of products and equipment
within the scope of the program;
``(IX) requires program
participants to disclose the
performance rating of all covered
products and equipment within the scope
of the program for the covered product
or equipment;
``(X) provides to the Secretary--
``(aa) an annual report of
all test results, the contents
of which shall be determined
through the negotiated
rulemaking process under clause
(i); and
``(bb) test reports, on the
request of the Secretary, that
note any instructions specified
by the manufacturer or the
representative of the
manufacturer for the purpose of
conducting the verification
testing; and
``(XI) satisfies any additional
requirements or standards that the
Secretary shall establish consistent
with this subparagraph.
``(iii) Cessation of recognition.--The
Secretary may only cease recognition of a
voluntary verification program as an approved
program described in subparagraph (A) upon a
finding that the program is not meeting its
obligations for compliance through program
review criteria developed during the negotiated
rulemaking conducted under subparagraph (B).
``(C) Administration.--
``(i) In general.--The Secretary shall not
require--
``(I) manufacturers to participate
in a recognized voluntary verification
program described in subparagraph (A);
or
``(II) participating manufacturers
to provide information that has already
been provided to the Secretary.
``(ii) List of covered products.--The
Secretary may maintain a publicly available
list of covered products and equipment that
distinguishes between products that are and are
not covered products and equipment verified
through a recognized voluntary verification
program described in subparagraph (A).
``(iii) Periodic verification testing.--The
Secretary--
``(I) shall not subject products or
equipment that have been verification
tested under a recognized voluntary
verification program described in
subparagraph (A) to periodic
verification testing to verify the
accuracy of the certified performance
rating of the products or equipment;
but
``(II) may require testing of
products or equipment described in
subclause (I)--
``(aa) if the testing is
necessary--
``(AA) to assess
the overall performance
of a voluntary
verification program;
``(BB) to address
specific performance
issues;
``(CC) for use in
updating test
procedures and
standards; or
``(DD) for other
purposes consistent
with this title; or
``(bb) if such testing is
agreed to during the negotiated
rulemaking conducted under
subparagraph (B).
``(D) Effect on other authority.--Nothing in this
paragraph limits the authority of the Secretary to
enforce compliance with any law.''.
SEC. 3123. FACILITATING CONSENSUS FURNACE STANDARDS.
(a) Congressional Findings and Declaration of Purpose.--
(1) Findings.--Congress finds that--
(A) acting pursuant to the requirements of section
325 of the Energy Policy and Conservation Act (42
U.S.C. 6295), the Secretary of Energy is considering
amending the energy conservation standards applicable
to residential nonweatherized gas furnaces and mobile
home gas furnaces;
(B) numerous stakeholders, representing
manufacturers, distributors, and installers of
residential nonweatherized gas furnaces and mobile home
furnaces, natural gas utilities, home builders,
multifamily property owners, and energy efficiency,
environmental, and consumer advocates have begun
negotiations in an attempt to agree on a consensus
recommendation to the Secretary on levels for such
standards that will meet the statutory criteria; and
(C) the stakeholders believe these negotiations are
likely to result in a consensus recommendation, but
several of the stakeholders do not support suspending
the current rulemaking.
(2) Purpose.--It is the purpose of this section to provide
the stakeholders described in paragraph (1) with an opportunity
to continue negotiations for a limited time period to
facilitate the proposal for adoption of standards that enjoy
consensus support, while not delaying the current rulemaking
except to the extent necessary to provide such opportunity.
(b) Opportunity for a Negotiated Furnace Standard.--Section
325(f)(4) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)(4)) is amended by adding after subparagraph (D) the following:
``(E)(i) Unless the Secretary has published such a notice prior to
the date of enactment of this Act, the Secretary shall publish, not
later than October 31, 2015, a supplemental notice of proposed
rulemaking or a notice of data availability updating the proposed rule
entitled `Energy Conservation Program for Consumer Products: Energy
Conservation Standards for Residential Furnaces' and published in the
Federal Register on March 12, 2015 (80 Fed. Reg. 13119), to provide
notice and an opportunity for comment on--
``(I) dividing nonweatherized gas furnaces into two or more
product classes with separate energy conservation standards
based on capacity; and
``(II) any other matters the Secretary determines
appropriate.
``(ii) On receipt of a statement that is submitted on or before
January 1, 2016, jointly by interested persons that are fairly
representative of relevant points of view, that contains recommended
standards for nonweatherized gas furnaces and mobile home gas furnaces
that are consistent with the requirements of this part (except that the
date on which such standards will apply may be earlier or later than
the date required under this part), the Secretary shall evaluate the
standards proposed in the joint statement for consistency with the
requirements of subsection (o), and shall publish notice of the
potential adoption of the standards proposed in the joint statement,
modified as necessary to ensure consistency with subsection (o). The
Secretary shall solicit public comment for a period of at least 30 days
with respect to such notice.
``(iii) Not later than July 31, 2016, but not before July 1, 2016,
the Secretary shall publish a final rule containing a determination of
whether the standards for nonweatherized gas furnaces and mobile home
gas furnaces should be amended. Such rule shall contain any such
amendments to the standards.''.
SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY STAR PRODUCTS.
Section 324A of the Energy Policy and Conservation Act (42 U.S.C.
6294a) is amended by adding at the end the following new subsection:
``(e) No Warranty.--
``(1) In general.--Any disclosure relating to participation
of a product in the Energy Star program shall not create an
express or implied warranty or give rise to any private claims
or rights of action under State or Federal law relating to the
disqualification of that product from Energy Star if--
``(A) the product has been certified by a
certification body recognized by the Energy Star
program;
``(B) the Administrator has approved corrective
measures, including a determination of whether or not
consumer compensation is appropriate; and
``(C) the responsible party has fully complied with
all approved corrective measures.
``(2) Construal.--Nothing in this subsection shall be
construed to require the Administrator to modify any procedure
or take any other action.''.
SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR REGIONAL STANDARDS.
Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking ``installed'' and
inserting ``manufactured or imported into the United States''.
SEC. 3126. INTERNET OF THINGS REPORT.
The Secretary of Energy shall, not later than 18 months after the
date of enactment of this Act, report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate on the efforts made to take
advantage of, and promote, the utilization of advanced technologies
such as Internet of Things end-to-end platform solutions to provide
real-time actionable analytics and enable predictive maintenance and
asset management to improve energy efficiency wherever feasible. In
doing so, the Secretary shall look to encourage and utilize Internet of
Things energy management solutions that have security tightly
integrated into the hardware and software from the outset. The
Secretary shall also encourage the use of Internet of Things solutions
that enable seamless connectivity and that are interoperable, open
standards-based, and built on a repeatable foundation for ease of
scalability.
SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy, in cooperation with the Administrator of the
Environmental Protection Agency and the Director of Management and
Budget, shall--
(1) review and update the report prepared pursuant to
section 1838 of the Energy Policy Act of 2005;
(2) after consultation with relevant Federal, State, and
local agencies and affected industry and stakeholder groups,
update data that was used in preparing that report; and
(3) prepare and submit to Congress a coordinated Federal
strategy to increase the beneficial reuse of used lubricating
oil, that--
(A) is consistent with national policy as
established pursuant to section 2 of the Used Oil
Recycling Act of 1980 (Public Law 96-463); and
(B) addresses measures needed to--
(i) increase the responsible collection of
used oil;
(ii) disseminate public information
concerning sustainable reuse options for used
oil; and
(iii) promote sustainable reuse of used oil
by Federal agencies, recipients of Federal
grant funds, entities contracting with the
Federal Government, and the general public.
SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY.
Section 321(36)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6291(36)(A)) is amended--
(1) by striking the subparagraph designation and all that
follows through ``The term'' and inserting the following:
``(A) External power supply.--
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `external power
supply' does not include a power supply
circuit, driver, or device that is designed
exclusively to be connected to, and power--
``(I) light-emitting diodes
providing illumination; or
``(II) organic light-emitting
diodes providing illumination.''.
SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CONNECTED TO LEDS OR
OLEDS.
(a) In General.--Section 325(u) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end
the following:
``(6) Power supply circuits connected to leds or oleds.--
Notwithstanding the exclusion described in section
321(36)(A)(ii), the Secretary may prescribe, in accordance with
subsections (o) and (p) and section 322(b), an energy
conservation standard for a power supply circuit, driver, or
device that is designed primarily to be connected to, and
power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.
(b) Energy Conservation Standards.--Section 346 of the Energy
Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at
the end the following:
``(g) Energy Conservation Standard for Power Supply Circuits
Connected to LEDS or OLEDS.--Not earlier than 1 year after applicable
testing requirements are prescribed under section 343, the Secretary
may prescribe an energy conservation standard for a power supply
circuit, driver, or device that is designed primarily to be connected
to, and power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.
CHAPTER 3--SCHOOL BUILDINGS
SEC. 3131. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.
Section 392 of the Energy Policy and Conservation Act (42 U.S.C.
6371a) is amended by adding at the end the following:
``(e) Coordination of Energy Retrofitting Assistance for Schools.--
``(1) Definition of school.--Notwithstanding section
391(6), for the purposes of this subsection, the term `school'
means--
``(A) an elementary school or secondary school (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(B) an institution of higher education (as
defined in section 102(a) of the Higher Education Act
of 1965 (20 U.S.C. 1002(a)));
``(C) a school of the defense dependents' education
system under the Defense Dependents' Education Act of
1978 (20 U.S.C. 921 et seq.) or established under
section 2164 of title 10, United States Code;
``(D) a school operated by the Bureau of Indian
Affairs;
``(E) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)); and
``(F) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))).
``(2) Establishment of clearinghouse.--The Secretary,
acting through the Office of Energy Efficiency and Renewable
Energy, shall establish a clearinghouse to disseminate
information regarding available Federal programs and financing
mechanisms that may be used to help initiate, develop, and
finance energy efficiency, distributed generation, and energy
retrofitting projects for schools.
``(3) Requirements.--In carrying out paragraph (2), the
Secretary shall--
``(A) consult with appropriate Federal agencies to
develop a list of Federal programs and financing
mechanisms that are, or may be, used for the purposes
described in paragraph (2); and
``(B) coordinate with appropriate Federal agencies
to develop a collaborative education and outreach
effort to streamline communications and promote
available Federal programs and financing mechanisms
described in subparagraph (A), which may include the
development and maintenance of a single online resource
that includes contact information for relevant
technical assistance in the Office of Energy Efficiency
and Renewable Energy that States, local education
agencies, and schools may use to effectively access and
use such Federal programs and financing mechanisms.''.
CHAPTER 4--BUILDING ENERGY CODES
SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832), as amended by section 3116, is further
amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code or
standard developed and updated through a consensus process
among interested persons, such as the IECC or ASHRAE Standard
90.1 or a code used by other appropriate organizations
regarding which the Secretary has issued a determination that
buildings subject to it would achieve greater energy efficiency
than under a previously developed code.''; and
(2) by adding at the end the following:
``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard
90.1' means the American Society of Heating, Refrigerating and
Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 Energy
Standard for Buildings Except Low-Rise Residential Buildings.
``(19) Cost-effective.--The term `cost-effective' means
having a simple payback of 10 years or less.
``(20) IECC.--The term `IECC' means the International
Energy Conservation Code as published by the International Code
Council.
``(21) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
``(22) Simple payback.--The term `simple payback' means the
time in years that is required for energy savings to exceed the
incremental first cost of a new requirement or code.
``(23) Technically feasible.--The term `technically
feasible' means capable of being achieved, based on widely
available appliances, equipment, technologies, materials, and
construction practices.''.
(b) State Building Energy Efficiency Codes.--Section 304 of the
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to
read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (e), for the purposes of--
``(1) implementation of building energy codes by States,
Indian tribes, and, as appropriate, by local governments, that
are technically feasible and cost-effective; and
``(2) supporting full compliance with the State, tribal,
and local codes.
``(b) State and Indian Tribe Certification of Building Energy Code
Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 3 years after the
date on which a model building energy code is
published, each State or Indian tribe shall certify
whether or not the State or Indian tribe, respectively,
has reviewed and updated the energy provisions of the
building code of the State or Indian tribe,
respectively.
``(B) Demonstration.--The certification shall
include a statement of whether or not the energy
savings for the code provisions that are in effect
throughout the State or Indian tribal territory meet or
exceed--
``(i) the energy savings of the most
recently published model building energy code;
or
``(ii) the targets established under
section 307(b)(2).
``(C) No model building energy code update.--If a
model building energy code is not updated by a target
date established under section 307(b)(2)(D), each State
or Indian tribe shall, not later than 3 years after the
specified date, certify whether or not the State or
Indian tribe, respectively, has reviewed and updated
the energy provisions of the building code of the State
or Indian tribe, respectively, to meet or exceed the
target in section 307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the
State or Indian tribe, respectively, meet the criteria
specified in paragraph (1);
``(B) determine whether the certification submitted
by the State or Indian tribe, respectively, is
complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(3) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(c) Improvements in Compliance With Building Energy Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the
date of a certification under subsection (b), each
State and Indian tribe shall certify whether or not the
State or Indian tribe, respectively, has--
``(i) achieved full compliance under
paragraph (3) with the applicable certified
State or Indian tribe building energy code or
with the associated model building energy code;
or
``(ii) made significant progress under
paragraph (4) toward achieving compliance with
the applicable certified State or Indian tribe
building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or
Indian tribe certifies progress toward achieving
compliance, the State or Indian tribe shall repeat the
certification until the State or Indian tribe certifies
that the State or Indian tribe has achieved full
compliance.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) inspections of a random sample of the
buildings covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate
measure of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under paragraph
(1) if--
``(A) at least 90 percent of building space covered
by the code in the preceding year substantially meets
all the requirements of the applicable code specified
in paragraph (1), or achieves equivalent or greater
energy savings level; or
``(B) the estimated excess energy use of buildings
that did not meet the applicable code specified in
paragraph (1) in the preceding year, compared to a
baseline of comparable buildings that meet this code,
is not more than 5 percent of the estimated energy use
of all buildings covered by this code during the
preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance for
purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year period beginning
on the date of enactment of this paragraph, including
annual targets for compliance and active training and
enforcement programs; and
``(B) has met the most recent target under
subparagraph (A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe
has demonstrated meeting the criteria of this
subsection, including accurate measurement of
compliance;
``(B) determine whether the certification submitted
by the State or Indian tribe is complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(6) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(d) States or Indian Tribes That Do Not Achieve Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report on
the status of the State or Indian tribe with respect to meeting
the requirements and submitting the certification.
``(2) State sovereignty.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually
submit to Congress, and publish in the Federal
Register, a report on--
``(i) the status of model building energy
codes;
``(ii) the status of code adoption and
compliance in the States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over
time as a result of the targets established
under section 307(b)(2).
``(B) Impacts.--The report shall include estimates
of impacts of past action under this section, and
potential impacts of further action, on--
``(i) upfront financial and construction
costs, cost benefits and returns (using a
return on investment analysis), and lifetime
energy use for buildings;
``(ii) resulting energy costs to
individuals and businesses; and
``(iii) resulting overall annual building
ownership and operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
``(1) In general.--The Secretary shall, upon request,
provide technical assistance to States and Indian tribes to
implement the goals and requirements of this section--
``(A) to implement State residential and commercial
building energy codes; and
``(B) to document the rate of compliance with a
building energy code.
``(2) Technical assistance.--The assistance shall include,
as requested by the State or Indian tribe, technical assistance
in--
``(A) evaluating the energy savings of building
energy codes;
``(B) assessing the economic considerations,
referenced in section 307(b)(4), of implementing
building energy codes;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing the definitions of energy use
intensity and building types for use in model building
energy codes to evaluate the efficiency impacts of the
model building energy codes; and
``(G) complying with a performance-based pathway
referenced in the model code.
``(3) Exclusion.--For purposes of this section, `technical
assistance' shall not include actions that promote or
discourage the adoption of a particular building energy code,
code provision, or energy savings target to a State or Indian
tribe.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to any technical assistance provided to a State or
Indian tribe, is `influential information' and shall satisfy
the guidelines established by the Office of Management and
Budget and published at 67 Federal Register 8,452 (February 22,
2002).
``(f) Federal Support.--
``(1) In general.--The Secretary shall provide support to
States and Indian tribes--
``(A) to implement the reporting requirements of
this section; and
``(B) to implement residential and commercial
building energy codes, including increasing and
verifying compliance with the codes and training of
State, tribal, and local building code officials to
implement and enforce the codes.
``(2) Exclusion.--Support shall not be given to support
adoption and implementation of model building energy codes for
which the Secretary has made a determination under section
307(g)(1)(C) that the code is not cost-effective.
``(3) Training.--Support shall be offered to States to
train State and local building code officials to implement and
enforce codes described in paragraph (1)(B).
``(4) Local governments.--States may work under this
subsection with local governments that implement and enforce
codes described in paragraph (1)(B).
``(g) Voluntary Programs To Exceed Model Building Energy Code.--
``(1) In general.--The Secretary shall provide technical
assistance, as described in subsection (e), for the development
of voluntary programs that exceed the model building energy
codes for residential and commercial buildings for use as--
``(A) voluntary incentive programs adopted by
local, tribal, or State governments; and
``(B) nonbinding guidelines for energy-efficient
building design.
``(2) Targets.--The voluntary programs described in
paragraph (1) shall be designed--
``(A) to achieve substantial energy savings
compared to the model building energy codes; and
``(B) to meet targets under section 307(b), if
available, up to 3 to 6 years in advance of the target
years.
``(h) Studies.--
``(1) GAO study.--
``(A) In general.--The Comptroller General of the
United States shall conduct a study of the impacts of
updating the national model building energy codes for
residential and commercial buildings. In conducting the
study, the Comptroller General shall consider and
report, at a minimum--
``(i) the actual energy consumption savings
stemming from updated energy codes compared to
the energy consumption savings predicted during
code development;
``(ii) the actual consumer cost savings
stemming from updated energy codes compared to
predicted consumer cost savings; and
``(iii) an accounting of expenditures of
the Federal funds under each program authorized
by this title.
``(B) Report to congress.--Not later than 3 years
after the date of enactment of the North American
Energy Security and Infrastructure Act of 2015, the
Comptroller General of the United States shall submit a
report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce
of the House of Representatives including the study
findings and conclusions.
``(2) Feasibility study.--The Secretary, in consultation
with building science experts from the National Laboratories
and institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code
officials, and other stakeholders, shall undertake a study of
the feasibility, impact, economics, and merit of--
``(A) code improvements that would require that
buildings be designed, sited, and constructed in a
manner that makes the buildings more adaptable in the
future to become zero-net-energy after initial
construction, as advances are achieved in energy-saving
technologies;
``(B) code procedures to incorporate a ten-year
payback, not just first-year energy use, in trade-offs
and performance calculations; and
``(C) legislative options for increasing energy
savings from building energy codes, including
additional incentives for effective State and local
verification of compliance with and enforcement of a
code.
``(3) Energy data in multitenant buildings.--The Secretary,
in consultation with appropriate representatives of the
utility, utility regulatory, building ownership, and other
stakeholders, shall--
``(A) undertake a study of best practices regarding
delivery of aggregated energy consumption information
to owners and managers of residential and commercial
buildings with multiple tenants and uses; and
``(B) consider the development of a memorandum of
understanding between and among affected stakeholders
to reduce barriers to the delivery of aggregated energy
consumption information to such owners and managers.
``(i) Effect on Other Laws.--Nothing in this section or section 307
supersedes or modifies the application of sections 321 through 346 of
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Funding Limitations.--No Federal funds shall be--
``(1) used to support actions by the Secretary, or States,
to promote or discourage the adoption of a particular building
energy code, code provision, or energy saving target to a State
or Indian tribe; or
``(2) provided to private third parties or non-governmental
organizations to engage in such activities.''.
(c) Federal Building Energy Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended
by striking ``voluntary building energy code'' in subsections (a)(2)(B)
and (b) and inserting ``model building energy code''.
(d) Model Building Energy Codes.--
(1) Amendment.--Section 307 of the Energy Conservation and
Production Act (42 U.S.C. 6836) is amended to read as follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (c), for updating of model
building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall provide technical
assistance, for updating the model building energy codes.
``(2) Targets.--
``(A) In general.--The Secretary shall provide
technical assistance to States, Indian tribes, local
governments, nationally recognized code and standards
developers, and other interested parties for updating
of model building energy codes by establishing one or
more aggregate energy savings targets through
rulemaking in accordance with section 553 of title 5,
United States Code, to achieve the purposes of this
section.
``(B) Separate targets.--Separate targets may be
established for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model
building energy codes shall be the 2009 IECC for
residential buildings and ASHRAE Standard 90.1-2010 for
commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific
years shall be established and revised by the
Secretary through rulemaking in accordance with
section 553 of title 5, United States Code, and
coordinated with nationally recognized code and
standards developers at a level that--
``(I) is at the maximum level of
energy efficiency that is technically
feasible and cost effective, while
accounting for the economic
considerations under paragraph (4); and
``(II) promotes the achievement of
commercial and residential high
performance buildings through high
performance energy efficiency (within
the meaning of section 401 of the
Energy Independence and Security Act of
2007 (42 U.S.C. 17061)).
``(ii) Initial targets.--Not later than 1
year after the date of enactment of this
clause, the Secretary shall establish initial
targets under this subparagraph.
``(iii) Different target years.--Subject to
clause (i), prior to the applicable year, the
Secretary may set a later target year for any
of the model building energy codes described in
subparagraph (A) if the Secretary determines
that a target cannot be met.
``(E) Small business.--When establishing targets
under this paragraph through rulemaking, the Secretary
shall ensure compliance with the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601 note; Public Law 104-121) for any indirect economic
effect on small entities that is reasonably foreseeable
and a result of such rule.
``(3) Appliance standards and other factors affecting
building energy use.--In establishing energy savings targets
under paragraph (2), the Secretary shall develop and adjust the
targets in recognition of potential savings and costs relating
to--
``(A) efficiency gains made in appliances,
lighting, windows, insulation, and building envelope
sealing;
``(B) advancement of distributed generation and on-
site renewable power generation technologies;
``(C) equipment improvements for heating, cooling,
and ventilation systems and water heating systems;
``(D) building management systems and smart grid
technologies to reduce energy use; and
``(E) other technologies, practices, and building
systems regarding building plug load and other energy
uses.
In developing and adjusting the targets, the Secretary shall
use climate zone weighted averages for equipment efficiency for
heating, cooling, ventilation, and water heating systems, using
equipment that is actually installed.
``(4) Economic considerations.--In establishing and
revising energy savings targets under paragraph (2), the
Secretary shall consider the economic feasibility of achieving
the proposed targets established under this section and the
potential costs and savings for consumers and building owners,
by conducting a return on investment analysis, using a simple
payback methodology over a 3-, 5-, and 7-year period. The
Secretary shall not propose or provide technical or financial
assistance for any code, provision in the code, or energy
target, or amendment thereto, that has a payback greater than
10 years.
``(c) Technical Assistance to Model Building Energy Code-Setting
and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent with
the goals of this section.
``(2) Technical assistance.--The assistance shall include,
as requested by the organizations, technical assistance in--
``(A) evaluating the energy savings of building
energy codes;
``(B) assessing the economic considerations, under
subsection (b)(4), of code or standards proposals or
revisions;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing definitions of energy use
intensity and building types for use in model building
energy codes to evaluate the efficiency impacts of the
model building energy codes;
``(G) developing a performance-based pathway for
compliance;
``(H) developing model building energy codes by
Indian tribes in accordance with tribal law; and
``(I) code development meetings, including through
direct Federal employee participation in committee
meetings, hearings and online communication, voting,
and presenting research and technical or economic
analyses during such meetings.
``(3) Exclusion.--Except as provided in paragraph (2)(I),
for purposes of this section, `technical assistance' shall not
include actions that promote or discourage the adoption of a
particular building energy code, code provision, or energy
savings target.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to development of any energy savings targets, is
influential information and shall satisfy the guidelines
established by the Office of Management and Budget and
published at 67 Federal Register 8,452 (February 22, 2002).
``(d) Amendment Proposals.--
``(1) In general.--The Secretary may submit timely model
building energy code amendment proposals that are technically
feasible, cost-effective, and technology-neutral to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets established
under subsection (b)(2).
``(2) Process and factors.--All amendment proposals
submitted by the Secretary shall be published in the Federal
Register and made available on the Department of Energy website
90 days prior to any submittal to a code development body, and
shall be subject to a public comment period of not less than 60
days. Information provided by the Secretary, attendant to
submission of any amendment proposals, is influential
information and shall satisfy the guidelines established by the
Office of Management and Budget and published at 67 Federal
Register 8,452 (February 22, 2002). When calculating the costs
and benefits of an amendment, the Secretary shall use climate
zone weighted averages for equipment efficiency for heating,
cooling, ventilation, and water heating systems, using
equipment that is actually installed.
``(e) Analysis Methodology.--The Secretary shall make publicly
available the entire calculation methodology (including input
assumptions and data) used by the Secretary to estimate the energy
savings of code or standard proposals and revisions.
``(f) Methodology Development.--The Secretary shall establish a
methodology for evaluating cost effectiveness of energy code changes in
multifamily buildings that incorporates economic parameters
representative of typical multifamily buildings.
``(g) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the date
of the revision, and a final determination not later than 15
months after the date of the revision, on whether or not the
revision--
``(A) improves energy efficiency in buildings
compared to the existing IECC or ASHRAE Standard 90.1,
as applicable;
``(B) meets the applicable targets under subsection
(b)(2); and
``(C) is technically feasible and cost-effective.
``(2) Codes or standards not meeting criteria.--
``(A) In general.--If the Secretary makes a
preliminary determination under paragraph (1)(B) that a
revised IECC or ASHRAE Standard 90.1 does not meet the
targets established under subsection (b)(2), is not
technically feasible, or is not cost-effective, the
Secretary may at the same time provide technical
assistance, as described in subsection (c), to the
International Code Council or ASHRAE, as applicable,
with proposed changes that would result in a model
building energy code or standard that meets the
criteria, and with supporting evidence. Proposed
changes submitted by the Secretary shall be published
in the Federal Register and made available on the
Department of Energy website 90 days prior to any
submittal to a code development body, and shall be
subject to a public comment period of not less than 60
days. Information provided by the Secretary, attendant
to submission of any amendment proposals, is
influential information and shall satisfy the
guidelines established by the Office of Management and
Budget and published at 67 Federal Register 8,452
(February 22, 2002).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the
technical assistance, as described in
subsection (c), the International Code Council
or ASHRAE, as applicable, shall, prior to the
Secretary making a final determination under
paragraph (1), have an additional 270 days to
accept or reject the proposed changes made by
the Secretary to the model building energy code
or standard.
``(ii) Final determination.--A final
determination under paragraph (1) shall be on
the final revised model building energy code or
standard.
``(h) Administration.--In carrying out this section, the Secretary
shall--
``(1) publish notice of targets, amendment proposals and
supporting analysis and determinations under this section in
the Federal Register to provide an explanation of and the basis
for such actions, including any supporting modeling, data,
assumptions, protocols, and cost-benefit analysis, including
return on investment;
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this section,
in accordance with section 553 of title 5, United States Code;
and
``(3) provide an opportunity for public comment on
amendment proposals.
``(i) Voluntary Codes and Standards.--Not withstanding any other
provision of this section, any model building code or standard
established under this section shall not be binding on a State, local
government, or Indian tribe as a matter of Federal law.''.
(2) Conforming amendment.--The item relating to section 307
in the table of contents for the Energy Conservation and
Production Act is amended to read as follows:
``Sec. 307. Support for model building energy codes.''.
SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.
(a) In General.--Any program of the Secretary of Energy that may
enable the owner of a commercial building or a residential building to
obtain a rating, score, or label regarding the actual or anticipated
energy usage or performance of a building shall be made available on a
voluntary, optional, and market-driven basis.
(b) Disclaimer as to Regulatory Intent.--Information disseminated
by the Secretary of Energy regarding the program described in
subsection (a), including any information made available by the
Secretary on a website, shall include language plainly stating that
such program is not developed or intended to be the basis for a
regulatory program by a Federal, State, local, or municipal government
body.
CHAPTER 5--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS
SEC. 3151. MODIFYING PRODUCT DEFINITIONS.
(a) Authority To Modify Definitions.--
(1) Covered products.--Section 322 of the Energy Policy and
Conservation Act (42 U.S.C. 6292) is amended by adding at the
end the following:
``(c) Modifying Definitions of Covered Products.--
``(1) In general.--For any covered product for which a
definition is provided in section 321, the Secretary may, by
rule, unless prohibited herein, modify such definition in order
to--
``(A) address significant changes in the product or
the market occurring since the definition was
established; and
``(B) better enable improvements in the energy
efficiency of the product as part of an energy using
system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered product definitions made
pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a covered product and an explanation of
the reasons therefor shall be published in the Federal
Register and opportunity provided for public comment.
``(B) Consensus required.--Any amendment to the
definition of a covered product under this subsection
must have consensus support, as reflected in--
``(i) the outcome of negotiations conducted
in accordance with the subchapter III of
chapter 5 of title 5, United States Code
(commonly known as the `Negotiated Rulemaking
Act of 1990'); or
``(ii) the Secretary's receipt of a
statement that is submitted jointly by
interested persons that are fairly
representative of relevant points of view
(including representatives of manufacturers of
covered products, States, and efficiency
advocates), as determined by the Secretary,
which contains a recommended modified
definition for a covered product.
``(4) Effect of a modified definition.--
``(A) In general.--For any type or class of
consumer product which becomes a covered product
pursuant to this subsection--
``(i) the Secretary may establish test
procedures for such type or class of covered
product pursuant to section 323 and energy
conservation standards pursuant to section
325(l);
``(ii) the Commission may prescribe
labeling rules pursuant to section 324 if the
Commission determines that labeling in
accordance with that section is technologically
and economically feasible and likely to assist
consumers in making purchasing decisions;
``(iii) section 327 shall begin to apply to
such type or class of covered product in
accordance with section 325(ii)(1); and
``(iv) standards previously promulgated
under section 325 shall not apply to such type
or class of product.
``(B) Applicability.--For any type or class of
consumer product which ceases to be a covered product
pursuant to this subsection, the provisions of this
part shall no longer apply to the type or class of
consumer product.''.
(2) Covered equipment.--Section 341 of the Energy Policy
and Conservation Act (42 U.S.C. 6312) is amended by adding at
the end the following:
``(d) Modifying Definitions of Covered Equipment.--
``(1) In general.--For any covered equipment for which a
definition is provided in section 340, the Secretary may, by
rule, unless prohibited herein, modify such definition in order
to--
``(A) address significant changes in the product or
the market occurring since the definition was
established; and
``(B) better enable improvements in the energy
efficiency of the equipment as part of an energy using
system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered equipment definitions made
pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a type of covered equipment and an
explanation of the reasons therefor shall be published
in the Federal Register and opportunity provided for
public comment.
``(B) Consensus required.--Any amendment to the
definition of a type of covered equipment under this
subsection must have consensus support, as reflected
in--
``(i) the outcome of negotiations conducted
in accordance with the subchapter III of
chapter 5 of title 5, United States Code
(commonly known as the `Negotiated Rulemaking
Act of 1990'); or
``(ii) the Secretary's receipt of a
statement that is submitted jointly by
interested persons that are fairly
representative of relevant points of view
(including representatives of manufacturers of
covered equipment, States, and efficiency
advocates), as determined by the Secretary,
which contains a recommended modified
definition for a type of covered equipment.
``(4) Effect of a modified definition.--
``(A) For any type or class of equipment which
becomes covered equipment pursuant to this subsection--
``(i) the Secretary may establish test
procedures for such type or class of covered
equipment pursuant to section 343 and energy
conservation standards pursuant to section
325(l);
``(ii) the Secretary may prescribe labeling
rules pursuant to section 344 if the Secretary
determines that labeling in accordance with
that section is technologically and
economically feasible and likely to assist
purchasers in making purchasing decisions;
``(iii) section 327 shall begin to apply to
such type or class of covered equipment in
accordance with section 325(ii)(1); and
``(iv) standards previously promulgated
under section 325, 342, or 346 shall not apply
to such type or class of covered equipment.
``(B) For any type or class of equipment which
ceases to be covered equipment pursuant to this
subsection the provisions of this part shall no longer
apply to the type or class of equipment.''.
(b) Conforming Amendments Providing for Judicial Review.--
(1) Section 336 of the Energy Policy and Conservation Act
(42 U.S.C. 6306) is amended by striking ``section 323,'' each
place it appears and inserting ``section 322, 323,''; and
(2) Section 345(a)(1) of the Energy Policy and Conservation
Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
``(1) the references to sections 322, 323, 324, and 325 of
this Act shall be considered as references to sections 341,
343, 344, and 342 of this Act, respectively;''.
SEC. 3152. CLARIFYING RULEMAKING PROCEDURES.
(a) Covered Products.--Section 325(p) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(p)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (5), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated
by paragraph (1) of this subsection) the following:
``(1) The Secretary shall provide an opportunity for public
input prior to the issuance of a proposed rule, seeking
information--
``(A) identifying and commenting on design options;
``(B) on the existence of and opportunities for
voluntary nonregulatory actions; and
``(C) identifying significant subgroups of
consumers and manufacturers that merit analysis.'';
(3) in paragraph (3) (as so redesignated by paragraph (1)
of this subsection)--
(A) in subparagraph (C), by striking ``and'' after
``adequate;'';
(B) in subparagraph (D), by striking ``standard.''
and inserting ``standard;''; and
(C) by adding at the end the following new
subparagraphs:
``(E) whether the technical and economic analytical
assumptions, methods, and models used to justify the
standard to be prescribed are--
``(i) justified; and
``(ii) available and accessible for public
review, analysis, and use; and
``(F) the cumulative regulatory impacts on the
manufacturers of the product, taking into account--
``(i) other government standards affecting
energy use; and
``(ii) other energy conservation standards
affecting the same manufacturers.''; and
(4) by inserting after paragraph (3) (as so redesignated by
paragraph (1) of this subsection) the following:
``(4) Restriction on test procedure amendments.--
``(A) In general.--Any proposed energy conservation
standards rule shall be based on the final test
procedure which shall be used to determine compliance,
and the public comment period on the proposed standards
shall conclude no sooner than 180 days after the date
of publication of a final rule revising the test
procedure.
``(B) Exception.--The Secretary may propose or
prescribe an amendment to the test procedures issued
pursuant to section 323 for any type or class of
covered product after the issuance of a notice of
proposed rulemaking to prescribe an amended or new
energy conservation standard for that type or class of
covered product, but before the issuance of a final
rule prescribing any such standard, if--
``(i) the amendments to the test procedure
have consensus support achieved through a
rulemaking conducted in accordance with the
subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated
Rulemaking Act of 1990'); or
``(ii) the Secretary receives a statement
that is submitted jointly by interested persons
that are fairly representative of relevant
points of view (including representatives of
manufacturers of the type or class of covered
product, States, and efficiency advocates), as
determined by the Secretary, which contains a
recommendation that a supplemental notice of
proposed rulemaking is not necessary for the
type or class of covered product.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended by striking
``section 325(p)(4),'' and inserting ``section 325(p)(3), (4), and
(6),''.
CHAPTER 6--ENERGY AND WATER EFFICIENCY
SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) a municipality;
(C) a water district; and
(D) any other authority that provides water,
wastewater, or water reuse services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency pilot program.--The
term ``smart energy and water efficiency pilot program'' or
``pilot program'' means the pilot program established under
subsection (b).
(b) Smart Energy and Water Efficiency Pilot Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency management pilot
program in accordance with this section.
(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate advanced and innovative technology-
based solutions that will--
(A) increase and improve the energy efficiency of
water, wastewater, and water reuse systems to help
communities across the United States make significant
progress in conserving water, saving energy, and
reducing costs;
(B) support the implementation of innovative
processes and the installation of advanced automated
systems that provide real-time data on energy and
water; and
(C) improve energy and water conservation, water
quality, and predictive maintenance of energy and water
systems, through the use of Internet-connected
technologies, including sensors, intelligent gateways,
and security embedded in hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make
competitive, merit-reviewed grants under the pilot
program to not less than 3, but not more than 5,
eligible entities.
(B) Selection criteria.--In selecting an eligible
entity to receive a grant under the pilot program, the
Secretary shall consider--
(i) energy and cost savings anticipated to
result from the project;
(ii) the innovative nature, commercial
viability, and reliability of the technology to
be used;
(iii) the degree to which the project
integrates next-generation sensors, software,
hardware, analytics, and management tools;
(iv) the anticipated cost effectiveness of
the pilot project in terms of energy efficiency
savings, water savings or reuse, and
infrastructure costs averted;
(v) whether the technology can be deployed
in a variety of geographic regions and the
degree to which the technology can be
implemented on a smaller or larger scale,
including whether the technology can be
implemented by each type of eligible entity;
(vi) whether the technology has been
successfully deployed elsewhere;
(vii) whether the technology is sourced
from a manufacturer based in the United States;
and
(viii) whether the project will be
completed in 5 years or less.
(C) Applications.--
(i) In general.--Subject to clause (ii), an
eligible entity seeking a grant under the pilot
program shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
determines to be necessary.
(ii) Contents.--An application under clause
(i) shall, at a minimum, include--
(I) a description of the project;
(II) a description of the
technology to be used in the project;
(III) the anticipated results,
including energy and water savings, of
the project;
(IV) a comprehensive budget for the
project;
(V) the names of the project lead
organization and any partners;
(VI) the number of users to be
served by the project; and
(VII) any other information that
the Secretary determines to be
necessary to complete the review and
selection of a grant recipient.
(4) Administration.--
(A) In general.--Not later than 300 days after the
date of enactment of this Act, the Secretary shall
select grant recipients under this section.
(B) Evaluations.--The Secretary shall annually
carry out an evaluation of each project for which a
grant is provided under this section that--
(i) evaluates the progress and impact of
the project; and
(ii) assesses the degree to which the
project is meeting the goals of the pilot
program.
(C) Technical and policy assistance.--On the
request of a grant recipient, the Secretary shall
provide technical and policy assistance to the grant
recipient to carry out the project.
(D) Best practices.--The Secretary shall make
available to the public--
(i) a copy of each evaluation carried out
under subparagraph (B); and
(ii) a description of any best practices
identified by the Secretary as a result of
those evaluations.
(E) Report to congress.--The Secretary shall submit
to Congress a report containing the results of each
evaluation carried out under subparagraph (B).
(c) Funding.--To carry out this section, the Secretary is
authorized to use not more than $15,000,000, to the extent provided in
advance in appropriation Acts.
SEC. 3162. WATERSENSE.
(a) In General.--The Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.) is amended by adding after section 324A the following:
``SEC. 324B. WATERSENSE.
``(a) WaterSense.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary program, to be
entitled `WaterSense', to identify water efficient products,
buildings, landscapes, facilities, processes, and services that
sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community
water systems and wastewater and stormwater
infrastructure;
``(C) conserve energy used to pump, heat,
transport, and treat water; and
``(D) preserve water resources for future
generations, through voluntary labeling of, or other
forms of communications about, products, buildings,
landscapes, facilities, processes, and services while
still meeting strict performance criteria.
``(2) Duties.--The Administrator, coordinating as
appropriate with the Secretary of Energy, shall--
``(A) establish--
``(i) a WaterSense label to be used for
items meeting the certification criteria
established in this section; and
``(ii) the procedure, including the methods
and means, by which an item may be certified to
display the WaterSense label;
``(B) conduct a public awareness education campaign
regarding the WaterSense label;
``(C) preserve the integrity of the WaterSense
label by--
``(i) establishing and maintaining feasible
performance criteria so that products,
buildings, landscapes, facilities, processes,
and services labeled with the WaterSense label
perform as well or better than less water-
efficient counterparts;
``(ii) overseeing WaterSense certifications
made by third parties;
``(iii) using testing protocols, from the
appropriate, applicable, and relevant consensus
standards, for the purpose of determining
standards compliance; and
``(iv) auditing the use of the WaterSense
label in the marketplace and preventing cases
of misuse; and
``(D) not more often than every six years, review
and, if appropriate, update WaterSense criteria for the
defined categories of water-efficient product,
building, landscape, process, or service, including--
``(i) providing reasonable notice to
interested parties and the public of any such
changes, including effective dates, and an
explanation of the changes;
``(ii) soliciting comments from interested
parties and the public prior to any such
changes;
``(iii) as appropriate, responding to
comments submitted by interested parties and
the public; and
``(iv) providing an appropriate transition
time prior to the applicable effective date of
any such changes, taking into account the
timing necessary for the manufacture,
marketing, training, and distribution of the
specific water-efficient product, building,
landscape, process, or service category being
addressed.
``(b) Use of Science.--In carrying out this section, and, to the
degree that an agency action is based on science, the Administrator
shall use--
``(1) the best available peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(2) data collected by accepted methods or best available
methods (if the reliability of the method and the nature of the
decision justify use of the data).
``(c) Distinction of Authorities.--In setting or maintaining
standards for Energy Star pursuant to section 324A, and WaterSense
under this section, the Secretary and Administrator shall coordinate to
prevent duplicative or conflicting requirements among the respective
programs.
``(d) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Feasible.--The term `feasible' means feasible with
the use of the best technology, treatment techniques, and other
means that the Administrator finds, after examination for
efficacy under field conditions and not solely under laboratory
conditions, are available (taking cost into consideration).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) Water-efficient product, building, landscape,
process, or service.--The term `water-efficient product,
building, landscape, process, or service' means a product,
building, landscape, process, or service for a residence or a
commercial or institutional building, or its landscape, that is
rated for water efficiency and performance, the covered
categories of which are--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions
that reduce water use; and
``(G) new water efficient homes certified under the
WaterSense program.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act (Public Law 94-163; 42 U.S.C. 6201 et seq.)
is amended by inserting after the item relating to section 324A the
following new item:
``Sec. 324B. WaterSense.''.
Subtitle B--Accountability
CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE
SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC
PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended
to read as follows:
``SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC PARTICIPATION.
``(a) Establishment.--There is established within the Commission an
Office of Compliance Assistance and Public Participation (referred to
in this section as the `Office'). The Office shall be headed by a
Director.
``(b) Duties of Director.--
``(1) In general.--The Director of the Office shall promote
improved compliance with Commission rules and orders by--
``(A) making recommendations to the Commission
regarding--
``(i) the protection of consumers;
``(ii) market integrity and support for the
development of responsible market behavior;
``(iii) the application of Commission rules
and orders in a manner that ensures that--
``(I) rates and charges for, or in
connection with, the transmission or
sale of electric energy subject to the
jurisdiction of the Commission shall be
just and reasonable and not unduly
discriminatory or preferential; and
``(II) markets for such
transmission and sale of electric
energy are not impaired and consumers
are not damaged; and
``(iv) the impact of existing and proposed
Commission rules and orders on small entities,
as defined in section 601 of title 5, United
States Code (commonly known as the Regulatory
Flexibility Act);
``(B) providing entities subject to regulation by
the Commission the opportunity to obtain timely
guidance for compliance with Commission rules and
orders; and
``(C) providing information to the Commission and
Congress to inform policy with respect to energy issues
under the jurisdiction of the Commission.
``(2) Reports and guidance.--The Director shall, as the
Director determines appropriate, issue reports and guidance to
the Commission and to entities subject to regulation by the
Commission, regarding market practices, proposing improvements
in Commission monitoring of market practices, and addressing
potential improvements to both industry and Commission
practices.
``(3) Outreach.--The Director shall promote improved
compliance with Commission rules and orders through outreach,
publications, and, where appropriate, direct communication with
entities regulated by the Commission.''.
CHAPTER 2--MARKET REFORMS
SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.
(a) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
describing the results of a study of whether and how the current market
rules, practices, and structures of each regional transmission entity
produce rates that are just and reasonable by--
(1) facilitating fuel diversity, the availability of
generation resources during emergency and severe weather
conditions, resource adequacy, and reliability, including the
cost-effective retention and development of needed generation;
(2) promoting the equitable treatment of business models,
including different utility types, the integration of diverse
generation resources, and advanced grid technologies;
(3) identifying and addressing regulatory barriers to
entry, market-distorting incentives, and artificial constraints
on competition;
(4) providing transparency regarding dispatch decisions,
including the need for out-of-market actions and payments, and
the accuracy of day-ahead unit commitments;
(5) facilitating the development of necessary natural gas
pipeline and electric transmission infrastructure;
(6) ensuring fairness and transparency in governance
structures and stakeholder processes, including meaningful
participation by both voting and nonvoting stakeholder
representatives;
(7) ensuring the proper alignment of the energy and
transmission markets by including both energy and financial
transmission rights in the day-ahead markets;
(8) facilitating the ability of load-serving entities to
self-supply their service territory load;
(9) considering, as appropriate, State and local resource
planning; and
(10) mitigating, to the extent practicable, the disruptive
effects of tariff revisions on the economic decisionmaking of
market participants.
(b) Definitions.--In this section:
(1) Load-serving entity.--The term ``load-serving entity''
has the meaning given that term in section 217 of the Federal
Power Act (16 U.S.C. 824q).
(2) Regional transmission entity.--The term ``regional
transmission entity'' means a Regional Transmission
Organization or an Independent System Operator, as such terms
are defined in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.
Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C.
824b(a)(1)(B)) is amended by striking ``such facilities or any part
thereof'' and inserting ``such facilities, or any part thereof, of a
value in excess of $10,000,000''.
CHAPTER 3--CODE MAINTENANCE
SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.
(a) Repeal.--Part I of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6373) is repealed.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 871) is
amended--
(1) by striking the item relating to part I of title III;
and
(2) by striking the item relating to section 385.
SEC. 3232. REPEAL OF METHANOL STUDY.
Section 400EE of the Energy Policy and Conservation Act (42 U.S.C.
6374d) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY.
(a) Repeal.--Section 253 of the National Energy Conservation Policy
Act (42 U.S.C. 8232) is repealed.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 253.
SEC. 3234. REPEAL OF WEATHERIZATION STUDY.
(a) Repeal.--Section 254 of the National Energy Conservation Policy
Act (42 U.S.C. 8233) is repealed.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 254.
SEC. 3235. REPEAL OF REPORT TO CONGRESS.
(a) Repeal.--Section 273 of the National Energy Conservation Policy
Act (42 U.S.C. 8236b) is repealed.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 273.
SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES ADMINISTRATION.
(a) Repeal.--Section 154 of the Energy Policy Act of 1992 (42
U.S.C. 8262a) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking the
item relating to section 154.
(2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C.
8262e) is amended by striking subsection (c).
SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND
COORDINATION WORKSHOPS.
(a) Repeal.--Section 156 of the Energy Policy Act of 1992 (42
U.S.C. 8262b) is repealed.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by
striking the item relating to section 156.
SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND PRESIDENT'S
COUNCIL ON INTEGRITY AND EFFICIENCY REPORT TO CONGRESS.
(a) Repeal.--Section 160 of the Energy Policy Act of 1992 (42
U.S.C. 8262f) is amended by striking the section designation and
heading and all that follows through ``(c) Inspector General Review.--
Each Inspector General'' and inserting the following:
``SEC. 160. INSPECTOR GENERAL REVIEW.
``Each Inspector General''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by
striking the item relating to section 160 and inserting the following:
``Sec. 160. Inspector General review.''.
SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT
PRODUCTS PROGRAM.
(a) Repeal.--Section 161 of the Energy Policy Act of 1992 (42
U.S.C. 8262g) is repealed.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by
striking the item relating to section 161.
SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND RESPONSE.
(a) Repeal.--Part 5 of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8279) is repealed.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 121
Stat. 1665) is amended--
(1) by striking the item relating to part 5 of title V; and
(2) by striking the item relating to section 571.
SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY.
(a) Repeal.--Section 741 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8451) is repealed.
(b) Conforming Amendment.--The table of contents for the Powerplant
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289)
is amended by striking the item relating to section 741.
SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL ELECTRIC
UTILITY SYSTEMS.
(a) Repeal.--Section 744 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8454) is repealed.
(b) Conforming Amendment.--The table of contents for the Powerplant
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289)
is amended by striking the item relating to section 744.
SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF INCREASED COAL
PRODUCTION AND OTHER ENERGY DEVELOPMENT.
(a) Repeal.--Section 746 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8456) is repealed.
(b) Conforming Amendment.--The table of contents for the Powerplant
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289)
is amended by striking the item relating to section 746.
SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM AND NATURAL GAS IN
COMBUSTORS.
(a) Repeal.--Section 747 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8457) is repealed.
(b) Conforming Amendment.--The table of contents for the Powerplant
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289)
is amended by striking the item relating to section 747.
SEC. 3245. REPEAL OF SUBMISSION OF REPORTS.
(a) Repeal.--Section 807 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8483) is repealed.
(b) Conforming Amendment.--The table of contents for the Powerplant
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289)
is amended by striking the item relating to section 807.
SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.
(a) Repeal.--Section 808 of the Powerplant and Industrial Fuel Use
Act of 1978 (42 U.S.C. 8484) is repealed.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law 95-
620; 92 Stat. 3289) is amended by striking the item relating to
section 808.
(2) Report on implementation.--Section 712 of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8422)
is amended--
(A) by striking ``(a) Generally.--''; and
(B) by striking subsection (b).
SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND INDUSTRIAL FUEL USE
ACT OF 1978.
The table of contents for the Powerplant and Industrial Fuel Use
Act of 1978 (Public Law 95-620; 92 Stat. 3289) is amended by striking
the item relating to section 742.
SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS.
(a) Repeals.--
(1) Section 201 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8501) is amended--
(A) in the section heading, by striking ``findings
and'';
(B) by striking subsection (a); and
(C) by striking ``(b) Purposes.--''.
(2) Section 221 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8521) is repealed.
(3) Section 222 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8522) is repealed.
(4) Section 241 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8531) is repealed.
(b) Conforming Amendment.--The table of contents for the Emergency
Energy Conservation Act of 1979 (Public Law 96-102; 93 Stat. 749) is
amended--
(1) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Purposes.'';
and
(2) by striking the items relating to sections 221, 222,
and 241.
SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.
(a) Repeal.--Section 207 of the Energy Conservation and Production
Act (42 U.S.C. 6807) is repealed.
(b) Conforming Amendment.--The table of contents for the Energy
Conservation and Production Act (Public Law 94-385; 90 Stat. 1125) is
amended by striking the item relating to section 207.
SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.
(a) Repeal.--Section 550 of the National Energy Conservation Policy
Act (42 U.S.C. 8258b) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the National Energy
Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 106
Stat. 2851) is amended by striking the item relating to section
550.
(2) Section 543(d)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``,
incorporating any relevant information obtained from the survey
conducted pursuant to section 550''.
SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.
(a) Repeal.--Part 4 of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8271 et seq.) is repealed.
(b) Conforming Amendments.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended--
(1) by striking the item relating to part 4 of title V; and
(2) by striking the items relating to sections 561 through
570.
SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND CERTIFICATION.
(a) Repeal.--Subtitle F of title V of the Energy Security Act (42
U.S.C. 8285 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the Energy
Security Act (Public Law 96-294; 94 Stat. 611) is amended by striking
the items relating to subtitle F of title V.
CHAPTER 4--AUTHORIZATION
SEC. 3261 AUTHORIZATION.
There are authorized to be appropriated, out of funds authorized
under previously enacted laws, amounts required for carrying out this
Act and the amendments made by this Act.
TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS
SEC. 4001. FINDINGS.
The Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, establishing the United States as the world's
leading oil producer.
(2) By authorizing crude oil exports, the Congress can spur
domestic energy production, create and preserve jobs, help
maintain and strengthen our independent shipping fleet that is
essential to national defense, and generate State and Federal
revenues.
(3) An energy-secure United States that is a net exporter
of energy has the potential to transform the security
environment around the world, notably in Europe and the Middle
East.
(4) For our European allies and Israel, the presence of
more United States oil in the market will offer more secure
supply options, which will strengthen United States strategic
alliances and help curtail the use of energy as a political
weapon.
(5) The 60-ship Maritime Security Fleet is a vital element
of our military's strategic sealift and global response
capability. It assures United States-flag ships and United
States crews will be available to support the United States
military when it needs to mobilize to protect our allies, and
is the most prudent and economical solution to meet current and
projected sealift requirements for the United States.
(6) The Maritime Security Fleet program provides a labor
base of skilled American mariners who are available to crew the
United States Government-owned strategic sealift fleet, as well
as the United States commercial fleet, in both peace and war.
(7) The United States has reduced its oil consumption over
the past decade, and increasing investment in clean energy
technology and energy efficiency will lower energy prices,
reduce greenhouse gas emissions, and increase national
security.
SEC. 4002. REPEAL.
Section 103 of the Energy Policy and Conservation Act (42 U.S.C.
6212) and the item relating thereto in the table of contents of that
Act are repealed.
SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.
Notwithstanding any other provision of law, to promote the
efficient exploration, production, storage, supply, marketing, pricing,
and regulation of energy resources, including fossil fuels, no official
of the Federal Government shall impose or enforce any restriction on
the export of crude oil.
SEC. 4004. STUDIES.
(a) Greenhouse Gas Emissions.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Energy shall conduct,
and transmit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate the results of, a study on the net greenhouse gas emissions
that will result from the repeal of the crude oil export ban under
section 4002.
(b) Crude Oil Export Study.--
(1) In general.--The Department of Commerce, in
consultation with the Department of Energy, and other
departments as appropriate, shall conduct a study of the State
and national implications of lifting the crude oil export ban
with respect to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--
(A) the economic impact that exporting crude oil
will have on the economy of the United States;
(B) the economic impact that exporting crude oil
will have on consumers, taking into account impacts on
energy prices;
(C) the economic impact that exporting crude oil
will have on domestic manufacturing, taking into
account impacts on employment; and
(D) the economic impact that exporting crude oil
will have on the refining sector, taking into account
impacts on employment.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Bureau of Industry and
Security shall submit to Congress a report containing the
results of the study conducted under paragraph (1).
SEC. 4005. SAVINGS CLAUSE.
Nothing in this title limits the authority of the President under
the Constitution, the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et
seq.), part B of title II of the Energy Policy and Conservation Act (42
U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1
et seq.), or any other provision of law that imposes sanctions on a
foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
foreign government that is designated as a state sponsor of terrorism,
to prohibit exports.
SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.
(a) In General.--The Department of Energy shall continue to develop
and broaden partnerships with minority serving institutions, including
Hispanic Serving Institutions (HSI) and Historically Black Colleges and
Universities (HBCUs) in the areas of oil and gas exploration,
production, midstream, and refining.
(b) Public-Private Partnerships.--The Department of Energy shall
encourage public-private partnerships between the energy sector and
minority serving institutions, including Hispanic Serving Institutions
and Historically Black Colleges and Universities.
SEC. 4007. REPORT.
Not later than 10 years after the date of enactment of this Act,
the Secretary of Energy and the Secretary of Commerce shall jointly
transmit to Congress a report that reviews the impact of lifting the
oil export ban under this title as it relates to promoting United
States energy and national security.
SEC. 4008. REPORT TO CONGRESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy and the Secretary of Commerce shall jointly
transmit to Congress a report analyzing how lifting the ban on crude
oil exports will help create opportunities for veterans and women in
the United States, while promoting energy and national security.
SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM
PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC
REPUBLIC OF IRAN.
Nothing in this title shall be construed to authorize the export of
crude oil, refined petroleum products, and petrochemical products by or
through any entity or person, wherever located, subject to the
jurisdiction of the United States to any entity or person located in,
subject to the jurisdiction of, or sponsored by the Islamic Republic of
Iran.
TITLE V--OTHER MATTERS
SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall ensure that the requirements described in subsection (b) are
satisfied.
(b) Requirements.--The Administrator shall satisfy--
(1) section 4 of Executive Order No. 12866 (5 U.S.C. 601
note) (relating to regulatory planning and review) and
Executive Order No. 13563 (5 U.S.C. 601 note) (relating to
improving regulation and regulatory review) (or any successor
Executive order establishing requirements applicable to the
uniform reporting of regulatory and deregulatory agendas);
(2) section 602 of title 5, United States Code;
(3) section 8 of Executive Order No. 13132 (5 U.S.C. 601
note) (relating to federalism); and
(4) section 202(a) of the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1532(a)).
SEC. 5002. DEFINITIONS.
In this title:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under section
702 of title 5, United States Code, regarding agency action (as
defined for the purposes of that section) affecting a covered
energy project on Federal land.
(2) Covered energy project.--
(A) In general.--The term ``covered energy
project'' means--
(i) the leasing of Federal land for the
exploration, development, production,
processing, or transmission of oil, natural
gas, coal, geothermal, hydroelectric, biomass,
solar, or any other source of energy; and
(ii) any action under the lease.
(B) Exclusion.--The term ``covered energy project''
does not include any dispute between the parties to a
lease regarding the obligations under the lease,
including any alleged breach of the lease.
SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO
COVERED ENERGY PROJECTS.
Venue for any covered civil action shall lie in the United States
district court in which the covered energy project or lease exists or
is proposed.
SEC. 5004. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action
shall be filed not later than the end of the 90-day period beginning on
the date of the final Federal agency action to which the covered civil
action relates.
SEC. 5005. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as practicable.
SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
(a) In General.--In a covered civil action, a court shall not grant
or approve any prospective relief unless the court finds that the
relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct the
violation.
(b) Duration.--
(1) In general.--A court shall limit the duration of
preliminary injunctions to halt covered energy projects to not
more than 60 days, unless the court finds clear reasons to
extend the injunction.
(2) Administration.--In the case of an extension, the
extension shall--
(A) only be in 30-day increments; and
(B) require action by the court to renew the
injunction.
(c) In General.--Sections 504 of title 5 and 2412 of title 28,
United States Code (commonly known as the ``Equal Access to Justice
Act''), shall not apply to a covered civil action.
(d) Court Costs.--A party to a covered civil action shall not
receive payment from the Federal Government for the attorneys' fees,
expenses, or other court costs incurred by the party.
SEC. 5007. LEGAL STANDING.
A challenger that files an appeal with the Department of the
Interior Board of Land Appeals shall meet the same standing
requirements as a challenger before a United States district court.
SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY BARRIERS THAT DELAY,
PROHIBIT, OR IMPEDE THE EXPORT OF NATURAL ENERGY
RESOURCES.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy and the Secretary of Commerce shall jointly
transmit to the Committee on Energy and Commerce and the Committee on
Natural Resources of the House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee on Energy and
Natural Resources of the Senate, the results of a study to--
(1) identify legal and regulatory barriers that delay,
prohibit, or impede the export of natural energy resources,
including government and technical (physical or market)
barriers that hinder coal, natural gas, oil, and other energy
exports; and
(2) estimate the economic impacts of such barriers.
SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy shall transmit to Congress the results of a study
to determine the maximum level of volatility that is consistent with
the safest practicable shipment of crude oil by rail.
SEC. 5010. SMART METER PRIVACY RIGHTS.
(a) Electrical Corporation or Gas Corporations.--
(1) For purposes of this section, ``electrical or gas
consumption data'' means data about a customer's electrical or
natural gas usage that is made available as part of an advanced
metering infrastructure, and includes the name, account number,
or residence of the customer.
(2)(A) An electrical corporation or gas corporation shall
not share, disclose, or otherwise make accessible to any third
party a customer's electrical or gas consumption data, except
as provided in subsection (a)(5) or upon the consent of the
customer.
(B) An electrical corporation or gas corporation shall not
sell a customer's electrical or gas consumption data or any
other personally identifiable information for any purpose.
(C) The electrical corporation or gas corporation or its
contractors shall not provide an incentive or discount to the
customer for accessing the customer's electrical or gas
consumption data without the prior consent of the customer.
(D) An electrical or gas corporation that utilizes an
advanced metering infrastructure that allows a customer to
access the customer's electrical and gas consumption data shall
ensure that the customer has an option to access that data
without being required to agree to the sharing of his or her
personally identifiable information, including electrical or
gas consumption data, with a third party.
(3) If an electrical corporation or gas corporation
contracts with a third party for a service that allows a
customer to monitor his or her electricity or gas usage, and
that third party uses the data for a secondary commercial
purpose, the contract between the electrical corporation or gas
corporation and the third party shall provide that the third
party prominently discloses that secondary commercial purpose
to the customer.
(4) An electrical corporation or gas corporation shall use
reasonable security procedures and practices to protect a
customer's unencrypted electrical or gas consumption data from
unauthorized access, destruction, use, modification, or
disclosure.
(5)(A) Nothing in this section shall preclude an electrical
corporation or gas corporation from using customer aggregate
electrical or gas consumption data for analysis, reporting, or
program management if all information has been removed
regarding the individual identity of a customer.
(B) Nothing in this section shall preclude an electrical
corporation or gas corporation from disclosing a customer's
electrical or gas consumption data to a third party for system,
grid, or operational needs, or the implementation of demand
response, energy management, or energy efficiency programs,
provided that, for contracts entered into after January 1,
2016, the utility has required by contract that the third party
implement and maintain reasonable security procedures and
practices appropriate to the nature of the information, to
protect the personal information from unauthorized access,
destruction, use, modification, or disclosure, and prohibits
the use of the data for a secondary commercial purpose not
related to the primary purpose of the contract without the
customer's consent.
(C) Nothing in this section shall preclude an electrical
corporation or gas corporation from disclosing electrical or
gas consumption data as required or permitted under State or
Federal law or by an order of a State public utility
commission.
(6) If a customer chooses to disclose his or her electrical
or gas consumption data to a third party that is unaffiliated
with, and has no other business relationship with, the
electrical or gas corporation, the electrical or gas
corporation shall not be responsible for the security of that
data, or its use or misuse.
(b) Local Publicly Owned Electric Utilities.--
(1) For purposes of this section, ``electrical consumption
data'' means data about a customer's electrical usage that is
made available as part of an advanced metering infrastructure,
and includes the name, account number, or residence of the
customer.
(2)(A) A local publicly owned electric utility shall not
share, disclose, or otherwise make accessible to any third
party a customer's electrical consumption data, except as
provided in subsection (b) (5) or upon the consent of the
customer.
(B) A local publicly owned electric utility shall not sell
a customer's electrical consumption data or any other
personally identifiable information for any purpose.
(C) The local publicly owned electric utility or its
contractors shall not provide an incentive or discount to the
customer for accessing the customer's electrical consumption
data without the prior consent of the customer.
(D) A local publicly owned electric utility that utilizes
an advanced metering infrastructure that allows a customer to
access the customer's electrical consumption data shall ensure
that the customer has an option to access that data without
being required to agree to the sharing of his or her personally
identifiable information, including electrical consumption
data, with a third party.
(3) If a local publicly owned electric utility contracts
with a third party for a service that allows a customer to
monitor his or her electricity usage, and that third party uses
the data for a secondary commercial purpose, the contract
between the local publicly owned electric utility and the third
party shall provide that the third party prominently discloses
that secondary commercial purpose to the customer.
(4) A local publicly owned electric utility shall use
reasonable security procedures and practices to protect a
customer's unencrypted electrical consumption data from
unauthorized access, destruction, use, modification, or
disclosure, and prohibits the use of the data for a secondary
commercial purpose not related to the primary purpose of the
contract without the customer's consent.
(5)(A) Nothing in this section shall preclude a local
publicly owned electric utility from using customer aggregate
electrical consumption data for analysis, reporting, or program
management if all information has been removed regarding the
individual identity of a customer.
(B) Nothing in this section shall preclude a local publicly
owned electric utility from disclosing a customer's electrical
consumption data to a third party for system, grid, or
operational needs, or the implementation of demand response,
energy management, or energy efficiency programs, provided, for
contracts entered into after January 1, 2016, that the utility
has required by contract that the third party implement and
maintain reasonable security procedures and practices
appropriate to the nature of the information, to protect the
personal information from unauthorized access, destruction,
use, modification, or disclosure.
(C) Nothing in this section shall preclude a local publicly
owned electric utility from disclosing electrical consumption
data as required under State or Federal law.
(6) If a customer chooses to disclose his or her electrical
consumption data to a third party that is unaffiliated with,
and has no other business relationship with, the local publicly
owned electric utility, the utility shall not be responsible
for the security of that data, or its use or misuse.
SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION.
The Secretaries of Energy and Commerce shall jointly establish an
energy enterprise competition to encourage youth to propose solutions
to the energy challenges of the United States and to promote youth
interest in careers in science, technology, engineering, and math,
especially as those fields relate to energy.
SEC. 5012. MODERNIZATION OF TERMS RELATING TO MINORITIES.
(a) Office of Minority Economic Impact.--Section 211(f)(1) of the
Department of Energy Organization Act (42 U.S.C. 7141(f)(1)) is amended
by striking ``a Negro, Puerto Rican, American Indian, Eskimo, Oriental,
or Aleut or is a Spanish speaking individual of Spanish descent'' and
inserting ``Asian American, African American, Hispanic, Puerto Rican,
Native American, or an Alaska Native''.
(b) Minority Business Enterprises.--Section 106(f)(2) of the Local
Public Works Capital Development and Investment Act of 1976 (42 U.S.C.
6705(f)(2)) is amended by striking ``Negroes, Spanish-speaking,
Orientals, Indians, Eskimos, and Aleuts'' and inserting ``Asian
American, African American, Hispanic, Native American, or Alaska
Natives''.
SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-WAY.
(a) Authorization.--The Secretary of the Interior or the Secretary
of Agriculture may authorize an owner or operator of an electric
transmission or distribution facility to manage vegetation selectively
within 150 feet of the exterior boundary of the right-of-way near
structures for selective thinning and fuel reduction.
(b) Status of Removed Vegetation.--Any vegetation removed pursuant
to this section shall be the property of the United States and not
available for sale by the owner or operator.
(c) Limitation on Liability.--An owner or operator of an electric
transmission or distribution facility shall not be held liable for
wildlife damage, loss, or injury, including the cost of fire
suppression, resulting from activities carried out pursuant to
subsection (a) except in the case of harm resulting from the owner or
operator's gross negligence or criminal misconduct.
SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD HEATERS.
The final rule entitled ``Standards of Performance for New
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces'' published at 80 Fed. Reg. 13672 (March 16, 2015) shall
have no force or effect and shall be treated as if such rule had never
been issued.
TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Promoting Renewable Energy with
Shared Solar Act of 2015''.
SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND NET BILLING SERVICE
FOR COMMUNITY SOLAR FACILITIES.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(20) Community solar facilities.--
``(A) Definitions.--In this paragraph:
``(i) Community solar facility.--The term
`community solar facility' means a solar
photovoltaic system that--
``(I) allocates electricity to
multiple individual electric consumers
of an electric utility;
``(II) has a nameplate rating of 2
megawatts or less; and
``(III) is--
``(aa) owned by the
electric utility, jointly
owned, or third-party-owned;
``(bb) connected to a local
distribution facility of the
electric utility; and
``(cc) located on or off
the property of a consumer of
the electricity.
``(ii) Interconnection service.--The term
`interconnection service' means a service
provided by an electric utility to an electric
consumer, in accordance with the standards
described in paragraph (15), through which a
community solar facility is connected to an
applicable local distribution facility.
``(iii) Net billing service.--The term `net
billing service' means a service provided by an
electric utility to an electric consumer
through which electric energy generated for
that electric consumer from a community solar
facility may be used to offset electric energy
provided by the electric utility to the
electric consumer during the applicable billing
period.
``(B) Requirement.--On receipt of a request of an
electric consumer served by the electric utility, each
electric utility shall make available to the electric
consumer interconnection service and net billing
service for a community solar facility.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall
commence consideration under section 111, or set a hearing date
for consideration, with respect to the standard established by
paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(i) by striking ``such paragraph (14)'' and
all that follows through ``paragraphs (16)''
and inserting ``such paragraph (14). In the
case of the standard established by paragraph
(15) of section 111(d), the reference contained
in this subsection to the date of enactment of
this Act shall be deemed to be a reference to
the date of enactment of that paragraph (15).
In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (20) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (20).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the
Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 971) is amended by striking paragraph
(2).
(ii) Treatment.--The amendment made by
paragraph (2) of section 1254(b) of the Energy
Policy Act of 2005 (Public Law 109-58; 119
Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policy Act of 1978 (16 U.S.C. 2634)
is amended by adding at the end the following: ``In the
case of the standard established by paragraph (20) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (20).''.
TITLE VII--MARINE HYDROKINETIC
SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.
Section 632 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17211) is amended in the matter preceding paragraph (1) by
striking ``electrical''.
SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
Section 633 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17212) is amended to read as follows:
``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
``The Secretary, in consultation with the Secretary of the
Interior, the Secretary of Commerce, and the Federal Energy Regulatory
Commission, shall carry out a program of research, development,
demonstration, and commercial application to accelerate the
introduction of marine and hydrokinetic renewable energy production
into the United States energy supply, giving priority to fostering
accelerated research, development, and commercialization of technology,
including--
``(1) to assist technology development to improve the
components, processes, and systems used for power generation
from marine and hydrokinetic renewable energy resources;
``(2) to establish critical testing infrastructure
necessary--
``(A) to cost effectively and efficiently test and
prove the efficacy of marine and hydrokinetic renewable
energy devices; and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
and hydrokinetic renewable energy technologies by participating
in demonstration projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine and hydrokinetic renewable
energy with the utility grid;
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine and hydrokinetic renewable
energy supply chain based in the United States;
``(6) to increase the reliability and survivability of
marine and hydrokinetic renewable energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment;
``(8) to coordinate and avoid duplication of activities
across programs of the Department and other applicable Federal
agencies, including National Laboratories, and to coordinate
public-private collaboration in all programs under this
section;
``(9) to identify opportunities for joint research and
development programs and development of economies of scale
between--
``(A) marine and hydrokinetic renewable energy
technologies; and
``(B) other renewable energy and fossil energy
programs, offshore oil and gas production activities,
and activities of the Department of Defense; and
``(10) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other
support of value to be exchanged and leveraged; and
``(B) to encourage international research centers
and international companies to participate in the
development of water technology in the United States
and to encourage United States research centers and
United States companies to participate in water
technology projects abroad.''.
SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTERS.
Section 634(b) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17213(b)) is amended to read as follows:
``(b) Purposes.--A Center (in coordination with the Department and
National Laboratories) shall--
``(1) advance research, development, demonstration, and
commercial application of marine and hydrokinetic renewable
energy technologies;
``(2) support in-water testing and demonstration of marine
and hydrokinetic renewable energy technologies, including
facilities capable of testing--
``(A) marine and hydrokinetic renewable energy
systems of various technology readiness levels and
scales;
``(B) a variety of technologies in multiple test
berths at a single location; and
``(C) arrays of technology devices; and
``(3) serve as information clearinghouses for the marine
and hydrokinetic renewable energy industry by collecting and
disseminating information on best practices in all areas
relating to developing and managing marine and hydrokinetic
renewable energy resources and energy systems.''.
SEC. 7004. AUTHORIZATION OF APPROPRIATIONS.
Section 636 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17215) is amended by striking ``2008 through 2012'' and
inserting ``2016 through 2019''.
Passed the House of Representatives December 3, 2015.
Attest:
KAREN L. HAAS,
Clerk.