[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2318 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2318
To amend the Public Utility Regulatory Policies Act of 1978 to require
the consideration of a standard for promoting the use of demand-
response technology and practices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2021
Mr. Kelly introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to require
the consideration of a standard for promoting the use of demand-
response technology and practices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Demand-Response Management Act of
2021''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote the use of demand-response
technology and practices that support grid resiliency and reliability
during extreme weather events.
SEC. 3. PROMOTION OF DEMAND-RESPONSE PRACTICES.
(a) Consideration of Demand-Response Standard.--
(1) 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) Demand-response practices.--
``(A) In general.--Each electric utility shall
promote the use of demand-response practices by
commercial, residential, and industrial consumers to
reduce electricity consumption during periods of
unusually high demand.
``(B) Rate recovery.--
``(i) In general.--Each State regulatory
authority shall consider establishing rate
mechanisms allowing an electric utility with
respect to which the State regulatory authority
has ratemaking authority to timely recover the
costs of promoting demand-response practices in
accordance with subparagraph (A).
``(ii) Nonregulated electric utilities.--A
nonregulated electric utility may establish
rate mechanisms for the timely recovery of the
costs of promoting demand-response practices in
accordance with subparagraph (A).''.
(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 the State has
ratemaking authority) and each nonregulated electric 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).''.
(B) Failure to comply.--
(i) 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).''.
(ii) Technical correction.--Paragraph (2)
of section 1254(b) of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 971) is
repealed and the amendment made by that
paragraph (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 that amendment had not been
enacted.
(C) Prior state actions.--
(i) 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.''.
(ii) Cross-reference.--Section 124 of the
Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2634) is amended--
(I) by striking ``this subsection''
each place it appears and inserting
``this section''; 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 section 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) Optional Features of State Energy Conservation Plans.--Section
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) programs that promote the installation and use of
demand-response technology and demand-response practices;
and''.
(c) Federal Energy Management Program.--Section 543(i) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to reduce energy consumption during periods
of unusually high electricity or natural gas demand.'';
and
(2) in paragraph (3)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vii) promote the installation of demand-
response technology and the use of demand-
response practices in Federal buildings.''.
(d) Components of Zero-Net-Energy Commercial Buildings
Initiative.--Section 422(d)(3) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including
demand-response technologies, practices, and policies)'' after
``policies''.
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