[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4983 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4983
To require the Secretary of Energy to establish a program to encourage
deployment of electric school buses and vehicle-to-grid technologies
and applications, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2022
Mr. Hickenlooper (for himself, Ms. Klobuchar, Mr. King, Mr. Bennet, Mr.
Heinrich, and Ms. Smith) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a program to encourage
deployment of electric school buses and vehicle-to-grid technologies
and applications, 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 ``Bus Integration Dedicated to
Improving Resilience, Eliminating Congestion, and Triggering Innovation
Over Numerous Applications and Localities Act'' or the ``BIDIRECTIONAL
Act''.
SEC. 2. PROGRAM TO ENCOURAGE DEPLOYMENT OF ELECTRIC SCHOOL BUSES AND
VEHICLE-TO-EVERYTHING TECHNOLOGIES AND APPLICATIONS.
(a) Definitions.--In this section:
(1) Electric school bus.--The term ``electric school bus''
means a school bus that is propelled--
(A) to a significant extent, as determined by the
Secretary, by an electric motor that--
(i) draws electricity from a battery; and
(ii) is capable of being recharged from an
external source of electricity; and
(B) by any necessary components or equipment
required to facilitate electric-powered school bus
operations.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) any person (including any company or other
entity) or State, local, or Tribal entity that sells
electric energy, including--
(i) an electric utility, including--
(I) a local distribution company or
utility; and
(II) an electric cooperative;
(ii) a municipality; and
(iii) a retail marketer of electricity;
(B) a State public utilities commission;
(C) a third-party energy efficiency program
administrator;
(D) a school bus manufacturer;
(E) a public or private school district;
(F) a supplier of charging infrastructure;
(G) a developer, provider, owner, or operator of
solar, wind, or other renewable or distributed energy
resources;
(H) a third-party school bus fleet or charging
operator;
(I) any other entity, including a partnership, that
the Secretary determines to be appropriate; and
(J) any partnership or consortium of entities
described in any of subparagraphs (A) through (I).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Program.--The term ``Program'' means the program
established under subsection (b)(1).
(6) Project partner.--The term ``project partner'', with
respect to a project for which a grant is sought or provided
under the Program, means an eligible entity that is a member of
a partnership or consortium described in paragraph (2)(J) with
respect to that project.
(7) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program
to encourage the deployment of vehicle-to-grid and vehicle-to-
everything technologies and applications, as described in
paragraph (2), including, at a minimum, a vehicle capable of
discharging at least 10 kilowatts of power to bidirectional
electric vehicle supply equipment that provides alternating
current power to an electrical circuit, by providing grants to
eligible entities for projects that include the use of not
fewer than 1 electric school bus with bidirectional energy flow
capabilities for an application described in that paragraph.
(2) Application described.--An application referred to in
paragraph (1) is--
(A) a vehicle-to-grid application, such as--
(i) provision of a distribution-level
service or participation in a distribution-
level program;
(ii) provision of wholesale market
services, such as capacity, energy, and
ancillary services;
(iii) provision of microgrid services; or
(iv) aggregations of vehicle-to-grid
applications that provide distribution-level
service, wholesale market services, or
microgrid services;
(B) a vehicle-to-building application; or
(C) any other resilience or other application, as
determined to be appropriate by the Secretary.
(3) Priority and diversity of projects.--
(A) Priority.--In providing grants under the
Program, the Secretary shall give priority to projects
that, in the determination of the Secretary, are likely
to be economically self-sustaining and replicable once
established.
(B) Requirement.--The Secretary, to the maximum
extent practicable in accordance with the priority
required to be established under subparagraph (A),
shall provide grants under the Program for projects
across differing situations, including in a region that
is experiencing congestion, shortages, transmission
system constraints, or distribution system constraints
that cause the cost of electricity to increase for
consumers.
(4) Applying for assistance.--
(A) In general.--An eligible entity desiring a
grant under the Program shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary may
require, subject to this paragraph.
(B) Requirements.--
(i) In general.--An application submitted
under subparagraph (A) shall demonstrate how
the assistance requested under the Program
would help the 1 or more eligible entities
submitting the application to participate in
economically justifiable opportunities that
recognize bidirectional electric vehicle
charging as a relevant technology, including
existing electric utility or Regional
Transmission Organization tariffs, programs,
initiatives, policies, arrangements, or other
opportunities that recognize bidirectional
electric vehicle charging as a relevant
technology.
(ii) Interconnection rules.--An application
submitted under subparagraph (A) shall include
a certification that any project described in
the application and proposed to be carried out
using a grant provided under the Program will
comply with all applicable interconnection
rules.
(5) Use of funds.--
(A) In general.--Amounts provided to an eligible
entity pursuant to a grant under the Program may be
used for--
(i) acquiring and installing bidirectional
charging stations and interconnection upgrades
necessary for bidirectional energy flow;
(ii) retrofitting buildings, parking
facilities, and school buses for bidirectional
charging;
(iii) acquiring and installing any
necessary metering and telemetry equipment or
systems;
(iv) acquiring technical assistance from
the Department of Energy, National
Laboratories, or other parties with relevant
expertise for any participating project
partners; and
(v) any application directly related to
establishing, sustaining, and optimizing
bidirectional energy flow, as the Secretary
determines to be appropriate.
(B) Requirement.--Amounts provided to an eligible
entity pursuant to a grant under the Program shall be
used in a manner that corresponds specifically to the
incremental additional cost of implementing 1 or more
applications described in paragraph (2) as compared to
the costs associated with the acquisition,
demonstration, or use of a typical electric school bus,
as determined by the Secretary.
(C) Community outreach.--
(i) In general.--Subject to clause (ii), an
eligible entity receiving a grant under the
Program shall use not less than 1 percent of
the amounts received for outreach that is
directed at the communities and bus users
receiving or benefitting from those amounts,
for the purpose of increasing awareness of the
benefits of grid-integrated school buses and
how grid-integrated school buses will be used.
(ii) Waiver.--The Secretary may waive the
requirement described in clause (i) if the
Secretary determines that the outreach
described in that clause is unnecessary or
would be of minimal benefit to the overall goal
of sustained technological deployment.
(6) Matching requirement.--An eligible entity receiving a
grant under the Program shall ensure that amounts derived from
non-Federal sources are provided for the projects funded by the
grant in a total amount that is equal to, or greater than, the
amount of the grant.
(7) Outreach to potentially interested entities.--Of the
total amount appropriated to carry out the Program, the
Secretary shall use not less than 1 percent for outreach to
potentially interested eligible entities, including eligible
entities participating in, or with a demonstrated interest in,
the clean school bus program established under section 741 of
the Energy Policy Act of 2005 (42 U.S.C. 16091).
(8) School district compensation.--An eligible entity
receiving a grant under the Program shall demonstrate to the
Secretary that any school district participating in the
applicable project is appropriately compensated for that
participation in a manner approved by the Secretary, which may
include--
(A) the provision of direct financial compensation
to the school district;
(B) the provision or acquisition of electric school
buses for the school district; or
(C) savings resulting from the implementation of an
application described in paragraph (2).
(9) Annual submission of data.--An eligible entity
receiving a grant under the Program shall annually submit to
the Secretary data from vehicles, chargers, and associated grid
infrastructure necessary to determine operational and economic
impacts, and additional data as determined to be necessary by
the Secretary.
(10) Compatibility with epa clean school bus program.--
Notwithstanding any other provision of law, the Secretary may
provide a grant under the Program for applicable projects,
programs, or activities for which amounts are provided under
the clean school bus program established under section 741 of
the Energy Policy Act of 2005 (42 U.S.C. 16091), and to
eligible entities receiving amounts under that program, subject
to all applicable requirements of this section.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
summarizing any existing pilot programs, including State-funded and
locally funded pilot programs, involving the use of school buses for
the applications described in subsection (b)(2), including--
(1) any best practices, challenges, lessons learned, and
promising future directions discernable from those pilot
programs and applications;
(2) any challenges, opportunities, and strategies unique to
the implementation of those applications in rural areas;
(3) any challenges to the commercial viability of those
applications posed by State, Federal, or other regulatory
barriers; and
(4)(A) any challenges to the economic viability of projects
involving those applications; and
(B) any opportunities and strategies to make projects
involving those applications economically viable.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
SEC. 3. CONSIDERATION OF MEASURES TO PROMOTE VEHICLE-TO-GRID
INTEGRATION.
(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:
``(22) Vehicle-to-grid integration.--
``(A) In general.--Each State shall consider--
``(i) measures to promote vehicle-to-grid
integration, including--
``(I) the establishment of rates,
tariffs, measures, and standards that
enable electric vehicles and electric
vehicle charging infrastructure--
``(aa) to receive
interconnection service as
described in subparagraph (B);
and
``(bb) to export power from
the vehicle battery to the
distribution system or the bulk
power system;
``(II) the establishment of rates,
tariffs, measures, and standards that
enable electric vehicle charging
station site hosts, charging station
owners, aggregators, owners of electric
vehicle fleets or individual fleet
vehicles, or drivers of private light-
duty electric vehicles to receive
compensation for electricity exported
from the vehicle battery to the
distribution system or the bulk power
system; and
``(III) the establishment of rates,
tariffs, measures, and standards that
enable aggregation of electric vehicles
for the purpose of participating in
active load management programs,
including customer demand-response
programs and customer energy storage
programs, and providing ancillary
services that recognize the value that
flexible electric vehicle charging can
provide to the distribution system or
the bulk power system; and
``(ii) the impacts of the rates, tariffs,
measures, and standards described in subclauses
(I) through (III) of clause (i), or similar
rates, tariffs, measures, and standards, on all
classes and types of vehicles, including, at a
minimum, light-, medium-, and heavy-duty
vehicles.
``(B) Interconnection service described.--The
interconnection service referred to in subparagraph
(A)(i)(I)(aa) is interconnection service that is
offered based on--
``(i) the standards described in paragraph
(15) (or successor standards); or
``(ii) as necessary and reasonable,
standards that--
``(I) are defined in electric
vehicle-to-grid communications
interfaces, protocols, or standards;
``(II) are widely adopted; and
``(III) to ensure the reliability
and safety of the electric system,
are--
``(aa) consistent (or
adjusted to be consistent) with
the standards described in
clause (i); and
``(bb) integrated, able to
be integrated, or adjusted in a
manner that facilitates
integration with the standards
described in that clause.''.
(b) Compliance.--
(1) Time limitation.--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:
``(9)(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 (22) 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 (22) of section 111(d).''.
(2) 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 at the end the following: ``In the case of
the standard established by paragraph (22) 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 (22).''.
(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--
(i) in subsection (d)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) in the matter preceding
subparagraph (A) (as so redesignated),
by striking ``Subsections'' and
inserting the following:
``(1) In general.--Subsections'';
(ii) in subsection (e)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(2) Time-based metering and communications.--
Subsections'';
(iii) in subsection (f)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(3) Interconnection.--Subsections'';
(iv) in subsection (g)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(4) Demand-response practices.--Subsections'';
(v) in subsection (h)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(5) Electric vehicle charging programs.--Subsections'';
and
(vi) in subsection (d) (as so amended) by
adding at the end the following:
``(6) Vehicle-to-grid integration.--Subsections (b) and (c)
shall not apply to the standard established by paragraph (22)
of section 111(d) in the case of any electric utility in a
State if, before the date of enactment of this subsection--
``(A) the State has implemented for the electric
utility the standard (or a comparable standard);
``(B) 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
``(C) the State legislature has voted on the
implementation of the standard (or a comparable
standard) for the electric utility during the 3-year
period ending on that date of enactment.''.
(B) Cross reference.--Section 124 of the Public
Utility Regulatory Policies 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
(22) 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 (22).''.
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