#aadth ,,congress #ast ,session ,h4 ,r4 #h ,,an ,,act ,to modernize energy infrastructure1 build a #bast century energy and manufacturing workforce1 bolster ,america's energy security and diplomacy1 and promote energy efficiency and government accountability1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,modernizing and ,protecting ,infrastructure ,subtitle ,a--,energy ,delivery1 ,reliability1 and ,security ,sec4 #aaja4 ,,ferc process coordination4 ,sec4 #aajb4 ,resolving environmental and grid reliability conflicts4 ,sec4 #aajc4 ,emergency preparedness for energy supply disruptions4 ,sec4 #aajd4 ,critical electric infrastructure security4 ,sec4 #aaje4 ,strategic ,transformer ,reserve4 ,sec4 #aajf4 ,cyber ,sense4 ,sec4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities4 ,sec4 #aajh4 ,reliability analysis for certain rules that affect electric generating facilities4 ,sec4 #aaji4 ,increased accountability with respect to carbon capture1 utilization1 and sequestration projects4 ,sec4 #aaaj4 ,reliability and performance assurance in ,regional ,transmission ,organizations4 ,sec4 #aaaa4 ,ethane storage study4 ,sec4 #aaab4 ,statement of policy on grid modernization4 ,sec4 #aaac4 ,grid resilience report4 ,sec4 #aaad4 ,,gao report on improving ,national ,response ,center4 ,sec4 #aaae4 ,designation of ,national ,energy ,security ,corridors on ,federal lands4 ,sec4 #aaaf4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal lands containing electric transmission and distribution facilities4 ,subtitle ,b--,hydropower ,regulatory ,modernization ,sec4 #abja4 ,protection of private property rights in hydropower licensing4 ,sec4 #abjb4 ,extension of time for ,,ferc project involving ,w4 ,kerr ,scott ,dam4 ,sec4 #abjc4 ,hydropower licensing and process improvements4 ,sec4 #abjd4 ,judicial review of delayed ,federal authorizations4 ,sec4 #abje4 ,licensing study improvements4 ,sec4 #abjf4 ,closed-loop pumped storage projects4 ,sec4 #abjg4 ,license amendment improvements4 ,sec4 #abjh4 ,promoting hydropower development at existing nonpowered dams4 ,title ,,ii--,energy ,security and ,diplomacy ,sec4 #bjja4 ,sense of ,congress4 ,sec4 #bjjb4 ,energy security valuation4 ,sec4 #bjjc4 ,north ,american energy security plan4 ,sec4 #bjjd4 ,collective energy security4 ,sec4 #bjje4 ,authorization to export natural gas4 ,sec4 #bjjf4 ,environmental review for energy export facilities4 ,sec4 #bjjg4 ,authorization of cross-border infrastructure projects4 ,sec4 #bjjh4 ,report on smart meter security concerns4 ,title ,,iii--,energy ,efficiency and ,accountability ,subtitle ,a--,energy ,efficiency ,chapter #a--;,federal ,agency ,energy ,efficiency ,sec4 #caaa4 ,energy-efficient and energy-saving information technologies4 ,sec4 #caab4 ,energy efficient data centers4 ,sec4 #caac4 ,report on energy and water savings potential from thermal insulation4 ,sec4 #caad4 ,battery storage report4 ,sec4 #caae4 ,federal purchase requirement4 ,sec4 #caaf4 ,energy performance requirement for ,federal buildings4 ,sec4 #caag4 ,federal building energy efficiency performance standards2 certification system and level for ,federal buildings4 ,sec4 #caah4 ,operation of battery recharging stations in parking areas used by ,federal employees4 ,sec4 #caai4 ,report on ,energy ,savings and ,greenhouse ,gas ,emissions ,reduction from ,conversion of ,captured ,methane to ,energy4 ,chapter #b--;,energy ,efficient ,technology and ,manufacturing ,sec4 #caba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels4 ,sec4 #cabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products4 ,sec4 #cabc4 ,facilitating consensus furnace standards4 ,sec4 #cabd4 ,no warranty for certain certified ,energy ,star products4 ,sec4 #cabe4 ,clarification to effective date for regional standards4 ,sec4 #cabf4 ,internet of ,things report4 ,sec4 #cabg4 ,energy savings from lubricating oil4 ,sec4 #cabh4 ,definition of external power supply4 ,sec4 #cabi4 ,standards for power supply circuits connected to ,,leds or ,,oleds4 ,chapter #c--,school buildings ,sec4 #caca4 ,coordination of energy retrofitting assistance for schools4 ,chapter #d--;,building ,energy ,codes ,sec4 #cada4 ,greater energy efficiency in building codes4 ,sec4 #cadb4 ,voluntary nature of building asset rating program4 ,chapter #e--;,,epca ,technical ,corrections and ,clarifications ,sec4 #caea4 ,modifying product definitions4 ,sec4 #caeb4 ,clarifying rulemaking procedures4 ,chapter #f--;,energy and ,water ,efficiency ,sec4 #cafa4 ,smart energy and water efficiency pilot program4 ,sec4 #cafb4 ,water,sense4 ,subtitle ,b--,accountability ,chapter #a--,market ,manipulation1 ,enforcement1 and ,compliance ,sec4 #cbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation4 ,chapter #b--,market ,reforms ,sec4 #cbba4 ,,gao study on wholesale electricity markets4 ,sec4 #cbbb4 ,clarification of facility merger authorization4 ,chapter #c--;,code ,maintenance ,sec4 #cbca4 ,repeal of off-highway motor vehicles study4 ,sec4 #cbcb4 ,repeal of methanol study4 ,sec4 #cbcc4 ,repeal of residential energy efficiency standards study4 ,sec4 #cbcd4 ,repeal of weatherization study4 ,sec4 #cbce4 ,repeal of report to ,congress4 ,sec4 #cbcf4 ,repeal of report by ,general ,services ,administration4 ,sec4 #cbcg4 ,repeal of intergovernmental energy management planning and coordination workshops4 ,sec4 #cbch4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress4 ,sec4 #cbci4 ,repeal of procurement and identification of energy efficient products program4 ,sec4 #cbdj4 ,repeal of national action plan for demand response4 ,sec4 #cbda4 ,repeal of national coal policy study4 ,sec4 #cbdb4 ,repeal of study on compliance problem of small electric utility systems4 ,sec4 #cbdc4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development4 ,sec4 #cbdd4 ,repeal of study of the use of petroleum and natural gas in combustors4 ,sec4 #cbde4 ,repeal of submission of reports4 ,sec4 #cbdf4 ,repeal of electric utility conservation plan4 ,sec4 #cbdg4 ,technical amendment to ,powerplant and ,industrial ,fuel ,use ,act of #aigh4 ,sec4 #cbdh4 ,emergency energy conservation repeals4 ,sec4 #cbdi4 ,repeal of ,state utility regulatory assistance4 ,sec4 #cbej4 ,repeal of survey of energy saving potential4 ,sec4 #cbea4 ,repeal of photovoltaic energy program4 ,sec4 #cbeb4 ,repeal of energy auditor training and certification4 ,chapter #d--;,authorization ,sec4 #cbfa ,authorization4 ,title ,,iv--,changing ,crude ,oil ,market ,conditions ,sec4 #djja4 ,findings4 ,sec4 #djjb4 ,repeal4 ,sec4 #djjc4 ,national policy on oil export restrictions4 ,sec4 #djjd4 ,studies4 ,sec4 #djje4 ,savings clause4 ,sec4 #djjf4 ,partnerships with minority serving institutions4 ,sec4 #djjg4 ,report4 ,sec4 #djjh4 ,report to ,congress4 ,sec4 #djji4 ,prohibition on exports of crude oil1 refined petroleum products1 and petrochemical products to the ,islamic ,republic of ,iran4 ,title ,v--,other ,matters ,sec4 #ejja4 ,assessment of regulatory requirements4 ,sec4 #ejjb4 ,definitions4 ,sec4 #ejjc4 ,exclusive venue for certain civil actions relating to covered energy projects4 ,sec4 #ejjd4 ,timely filing4 ,sec4 #ejje4 ,expedition in hearing and determining the action4 ,sec4 #ejjf4 ,limitation on injunction and prospective relief4 ,sec4 #ejjg4 ,legal standing4 ,sec4 #ejjh4 ,study to identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources4 ,sec4 #ejji4 ,study of volatility of crude oil4 ,sec4 #ejaj4 ,smart meter privacy rights4 ,sec4 #ejaa4 ,youth energy enterprise competition4 ,sec4 #ejab4 ,modernization of terms relating to minorities4 ,sec4 #ejac4 ,voluntary vegetation management outside rights-of-way4 ,sec4 #ejad4 ,repeal of rule for new residential wood heaters4 ,title ,,vi--,promoting ,renewable ,energy with ,shared ,solar ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,provision of interconnection service and net billing service for community solar facilities4 ,title ,,vii--,marine ,hydrokinetic ,sec4 #gjja4 ,definition of marine and hydrokinetic renewable energy4 ,sec4 #gjjb4 ,marine and hydrokinetic renewable energy research and development4 ,sec4 #gjjc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4 ,sec4 #gjjd4 ,authorization of appropriations4 ,i ,modernizing and ,protecting ,infrastructure ,a ,energy ,delivery1 ,reliability1 and ,security #aaja4 ,,ferc process coordination ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended-- 7#a7 by amending subsection 7b77#b7 to read as follows3 7#b7 ,other agencies 7,a7 ,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 ,commission4 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by a prospective applicant of a potential project requiring ,commission authorization1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for that ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency identified under subparagraph 7,b7 of the opportunity to cooperate or participate in the review process4 7ii7 ,deadline ,a notification issued under clause 7i7 shall establish a deadline by which a response to the notification shall be submitted1 which may be extended by the ,commission for good cause4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 set deadlines for all such ,federal authorizations2 and 2 7,b7 by striking paragraph 7#b72 and 7,c7 by adding at the end the following new paragraphs3 7#b7 ,deadline for ,federal authorizations ,a final decision on a ,federal authorization is due no later than #ij days after the ,commission issues its final environmental document1 unless a schedule is otherwise established by ,federal law4 7#c7 ,concurrent reviews ,each ,federal and ,state agency considering an aspect of an application for a ,federal authorization shall-- 7,a7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction1 with the review required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations2 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of required ,federal authorizations no later than #ij days after the ,commission issues its final environmental document2 and 7,c7 transmit to the ,commission a statement-- 7i7 acknowledging receipt of the schedule established under paragraph 7#a72 and 7ii7 setting forth the plan formulated under subparagraph 7,b7 of this paragraph4 7#d7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting such authorization4 7,b7 ,issue ,resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of a failure by the ,state agency1 the ,federal agency overseeing the delegated authority7 for resolution4 7#e7 ,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 7#a7-- 7,a7 the applicant may pursue remedies under section #ai7;d72 and 7,b7 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the proceeding for an approval4 2 7#c7 by redesignating subsections 7d7 through 7f7 as subsections 7g7 through 7i71 respectively2 and 7#d7 by inserting after subsection 7c7 the following new subsections3 7d7 ,remote surveys ,if a ,federal or ,state agency considering an aspect of an application for ,federal authorization requires the applicant to submit environmental data1 the agency shall consider any such data gathered by aerial or other remote means that the applicant submits4 ,the agency may grant a conditional approval for ,federal authorization1 conditioned on the verification of such data by subsequent onsite inspection4 7e7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow an applicant seeking ,federal authorization to fund a third-party contractor to assist in reviewing the application4 7f7 ,accountability1 transparency1 efficiency ,for applications requiring multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of an application1 shall track and make available to the public on the ,commission's website information related to the actions required to complete permitting1 reviews1 and other actions required4 ,such information shall include the following3 7#a7 ,the schedule established by the ,commission under subsection 7c77#a74 7#b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the ,federal authorization4 7#c7 ,the expected completion date for each such action4 7#d7 ,a point of contact at the agency accountable for each such action4 7#e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 4 #aajb4 ,resolving environmental and grid reliability conflicts 7a7 ,compliance with or violation of environmental laws while under emergency order ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,with respect to an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation1 the ,commission shall ensure that such order requires generation1 delivery1 interchange1 or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest1 and1 to the maximum extent practicable1 is consistent with any applicable ,federal1 ,state1 or local environmental law or regulation and minimizes any adverse environmental impacts4 7#c7 ,to the extent any omission or action taken by a party1 that is necessary to comply with an order issued under this subsection1 including any omission or action taken to voluntarily comply with such order1 results in noncompliance with1 or causes such party to not comply with1 any ,federal1 ,state1 or local environmental law or regulation1 such omission or action shall not be considered a violation of such environmental law or regulation1 or subject such party to any requirement1 civil or criminal liability1 or a citizen suit under such environmental law or regulation4 7#d7 7,a7 ,an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation shall expire not later than #ij days after it is issued4 ,the ,commission may renew or reissue such order pursuant to paragraphs 7#a7 and 7#b7 for subsequent periods1 not to exceed #ij days for each period1 as the ,commission determines necessary to meet the emergency and serve the public interest4 7,b7 ,in renewing or reissuing an order under subparagraph 7,a71 the ,commission shall consult with the primary ,federal agency with expertise in the environmental interest protected by such law or regulation1 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 practicable4 ,the conditions1 if any1 submitted by such ,federal agency shall be made available to the public4 ,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 order1 or otherwise makes publicly available1 an explanation of such determination4 7#e7 ,if an order issued under this subsection is subsequently stayed1 modified1 or set aside by a court pursuant to section #cac or any other provision of law1 any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect1 including any omission or action taken to voluntarily comply with the order1 shall remain subject to paragraph 7#c74 4 7b7 ,temporary connection or construction by municipalities ,section #bjb7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7d77 is amended by inserting or municipality before engaged in the transmission or sale of electric energy4 #aajc4 ,emergency preparedness for energy supply disruptions 7a7 ,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 disruptions4 7b7 ,authorization for ,activities ,to ,enhance ,emergency ,preparedness for ,natural ,disasters ,the ,secretary of ,energy shall develop and adopt procedures to-- 7#a7 improve communication and coordination between the ,department of ,energy's energy response team1 ,federal partners1 and industry2 7#b7 leverage the ,energy ,information ,administration's subject matter expertise within the ,department's energy response team to improve supply chain situation assessments2 7#c7 establish company liaisons and direct communication with the ,department's energy response team to improve situation assessments2 7#d7 streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery2 7#e7 facilitate and increase engagement among ,states1 the oil and natural gas industry1 the energy storage industry1 and the ,department in developing ,state and local energy assurance plans2 7#f7 establish routine education and training programs for key government emergency response positions with the ,department and ,states2 and 7#g7 involve ,states1 the energy storage industry1 and the oil and natural gas industry in comprehensive drill and exercise programs4 7c7 ,cooperation ,the activities carried out under subsection 7b7 shall include collaborative efforts with ,state and local government officials and the private sector4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report describing the effectiveness of the activities authorized under this section4 #aajd4 ,critical electric infrastructure security 7a7 ,critical electric infrastructure security ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding after section #bae the following new section3 #bae;,a4 ,critical electric infrastructure security 7a7 ,definitions ,for purposes of this section3 7#a7 ,bulk-power system2 electric reliability organization2 regional entity ,the terms bulk-power system1 ,electric ,reliability ,organization1 and regional entity have the meanings given such terms in paragraphs 7#a71 7#b71 and 7#g7 of section #bae7;a71 respectively4 7#b7 ,critical electric infrastructure ,the term critical electric infrastructure means a system or asset of the bulk-power system1 whether physical or virtual1 the incapacity or destruction of which would negatively affect national security1 economic security1 public health or safety1 or any combination of such matters4 7#c7 ,critical electric infrastructure information ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electrical infrastructure1 generated by or provided to the ,commission or other ,federal agency1 other than classified national security information1 that is designated as critical electric infrastructure information by the ,commission under subsection 7d77#b74 ,such term includes information that qualifies as critical energy infrastructure information under the ,commission's regulations4 7#d7 ,defense critical electric infrastructure ,the term defense critical electric infrastructure means any electric infrastructure located in the ,united ,states 7including the territories7 that serves a facility designated by the ,secretary pursuant to subsection 7c71 but is not owned or operated by the owner or operator of such facility4 7#e7 ,electromagnetic pulse ,the term electromagnetic pulse means #a or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of1 or destroying1 electronic devices or communications networks1 including hardware1 software1 and data1 by means of such a pulse4 7#f7 ,geomagnetic storm ,the term geomagnetic storm means a temporary disturbance of the ,earth's magnetic field resulting from solar activity4 7#g7 ,grid security emergency ,the term grid security emergency means the occurrence or imminent danger of-- 7,a7 7i7 a malicious act using electronic communication or an electromagnetic pulse1 or a geomagnetic storm event1 that could disrupt the operation of those electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure2 and 7ii7 disruption of the operation of such devices or networks1 with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure1 as a result of such act or event2 or 7,b7 7i7 a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure2 and 7ii7 significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack4 7#h7 ,grid security vulnerability ,the term grid security vulnerability means a weakness that1 in the event of a malicious act using an electromagnetic pulse1 would pose a substantial risk of disruption to the operation of those electrical or electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of the bulk-power system4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authority ,to address grid security emergency 7#a7 ,authority ,whenever the ,president issues and provides to the ,secretary a written directive or determination identifying a grid security emergency1 the ,secretary may1 with or without notice1 hearing1 or report1 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 emergency4 ,as soon as practicable but not later than #ahj days after the date of enactment of this section1 the ,secretary shall1 after notice and opportunity for comment1 establish rules of procedure that ensure that such authority can be exercised expeditiously4 7#b7 ,notification of ,congress ,whenever the ,president issues and provides to the ,secretary a written directive or determination under paragraph 7#a71 the ,president shall promptly notify congressional committees of relevant jurisdiction1 including the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 of the contents of1 and justification for1 such directive or determination4 7#c7 ,consultation ,before issuing an order for emergency measures under paragraph 7#a71 the ,secretary shall1 to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action1 consult with appropriate governmental authorities in ,canada and ,mexico1 entities described in paragraph 7#d71 the ,electricity ,sub-sector ,coordinating ,council1 the ,commission1 and other appropriate ,federal agencies regarding implementation of such emergency measures4 7#d7 ,application ,an order for emergency measures under this subsection may apply to-- 7,a7 the ,electric ,reliability ,organization2 7,b7 a regional entity2 or 7,c7 any owner1 user1 or operator of critical electric infrastructure or of defense critical electric infrastructure within the ,united ,states4 7#e7 ,expiration and reissuance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an order for emergency measures issued under paragraph 7#a7 shall expire no later than #ae days after its issuance4 7,b7 ,extensions ,the ,secretary may reissue an order for emergency measures issued under paragraph 7#a7 for subsequent periods1 not to exceed #ae days for each such period1 provided that the ,president1 for each such period1 issues and provides to the ,secretary a written directive or determination that the grid security emergency identified under paragraph 7#a7 continues to exist or that the emergency measure continues to be required4 7#f7 ,cost recovery 7,a7 ,critical electric infrastructure ,if the ,commission determines that owners1 operators1 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 owners1 operators1 or users1 the ,commission shall1 consistent with the requirements of section #bje1 after notice and an opportunity for comment1 establish a mechanism that permits such owners1 operators1 or users to recover such costs4 7,b7 ,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 subsection1 the owners or operators of a critical defense facility or facilities designated by the ,secretary pursuant to subsection 7c7 that rely upon such infrastructure shall bear the full incremental costs of the measures4 7#g7 ,temporary access to classified information ,the ,secretary1 and other appropriate ,federal agencies1 shall1 to the extent practicable and consistent with their obligations to protect classified information1 provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph 7#a7 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 emergency4 7c7 ,designation of critical defense facilities ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with other appropriate ,federal agencies and appropriate owners1 users1 or operators of infrastructure that may be defense critical electric infrastructure1 shall identify and designate facilities located in the ,united ,states 7including the territories7 that are-- 7#a7 critical to the defense of the ,united ,states2 and 7#b7 vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider4 ,the ,secretary may1 in consultation with appropriate ,federal agencies and appropriate owners1 users1 or operators of defense critical electric infrastructure1 periodically revise the list of designated facilities as necessary4 7d7 ,protection and sharing of critical electric infrastructure information 7#a7 ,protection of critical electric infrastructure information ,critical electric infrastructure information-- 7,a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,b7 shall not be made available by any ,federal1 ,state1 political subdivision or tribal authority pursuant to any ,federal1 ,state1 political subdivision or tribal law requiring public disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than one year after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 shall promulgate such regulations and issue such orders as necessary to-- 7,a7 designate information as critical electric infrastructure information2 7,b7 prohibit the unauthorized disclosure of critical electric infrastructure information2 7,c7 ensure there are appropriate sanctions in place for ,commissioners1 officers1 employees1 or agents of the ,commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 7,d7 taking into account standards of the ,electric ,reliability ,organization1 facilitate voluntary sharing of critical electric infrastructure information with1 between1 and by-- 7i7 ,federal1 ,state1 political subdivision1 and tribal authorities2 7ii7 the ,electric ,reliability ,organization2 7iii7 regional entities2 7iv7 information sharing and analysis centers established pursuant to ,presidential ,decision ,directive #fc2 7v7 owners1 operators1 and users of critical electric infrastructure in the ,united ,states2 and 7vi7 other entities determined appropriate by the ,commission4 7#c7 ,considerations ,in promulgating regulations and issuing orders under paragraph 7#b71 the ,commission shall take into consideration the role of ,state commissions in reviewing the prudence and cost of investments1 determining the rates and terms of conditions for electric services1 and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions4 7#d7 ,protocols ,the ,commission shall1 in consultation with ,canadian and ,mexican authorities1 develop protocols for the voluntary sharing of critical electric infrastructure information with ,canadian and ,mexican authorities and owners1 operators1 and users of the bulk-power system outside the ,united ,states4 7#e7 ,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 ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#f7 ,submission of information to ,congress ,nothing in this section shall permit or authorize the withholding of information from ,congress1 any committee or subcommittee thereof1 or the ,comptroller ,general4 7#g7 ,disclosure of protected information ,in implementing this section1 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 communications1 wherever feasible1 to facilitate disclosure of information that is not designated as critical electric infrastructure information4 7#h7 ,duration of designation ,information may not be designated as critical electric infrastructure information for longer than #e years1 unless specifically re-designated by the ,commission4 7#i7 ,removal of designation ,the ,commission shall remove the designation of critical electric infrastructure information1 in whole or in part1 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 facilities4 7#aj7 ,judicial review of designations ,notwithstanding section #cac7;b71 any determination by the ,commission concerning the designation of critical electric infrastructure information under this subsection shall be subject to review under chapter #g of title #e1 ,united ,states ,code1 except that such review shall be brought in the district court of the ,united ,states in the district in which the complainant resides1 or has his principal place of business1 or in the ,district of ,columbia4 ,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 information4 7e7 ,measures to address grid security vulnerabilities 7#a7 ,commission authority 7,a7 ,reliability standards ,if the ,commission1 in consultation with appropriate ,federal agencies1 identifies a grid security vulnerability that the ,commission determines has not adequately been addressed through a reliability standard developed and approved under section #bae1 the ,commission shall1 after notice and opportunity for comment and after consultation with the ,secretary1 other appropriate ,federal agencies1 and appropriate governmental authorities in ,canada and ,mexico1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #cj days after the issuance of such order1 a reliability standard requiring implementation1 by any owner1 operator1 or user of the bulk-power system in the ,united ,states1 of measures to protect the bulk-power system against such vulnerability4 ,any such standard shall include a protection plan1 including automated hardware-based solutions4 ,the ,commission shall approve a reliability standard submitted pursuant to this subparagraph1 unless the ,commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section #bae4 7,b7 ,measures to address grid security vulnerabilities ,if the ,commission1 after notice and opportunity for comment and after consultation with the ,secretary1 other appropriate ,federal agencies1 and appropriate governmental authorities in ,canada and ,mexico1 determines that the reliability standard submitted by the ,electric ,reliability ,organization to address a grid security vulnerability identified under subparagraph 7,a7 does not adequately protect the bulk-power system against such vulnerability1 the ,commission shall promulgate a rule or issue an order requiring implementation1 by any owner1 operator1 or user of the bulk-power system in the ,united ,states1 of measures to protect the bulk-power system against such vulnerability4 ,any such rule or order shall include a protection plan1 including automated hardware-based solutions4 ,before promulgating a rule or issuing an order under this subparagraph1 the ,commission shall1 to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability1 request and consider recommendations from the ,electric ,reliability ,organization regarding such rule or order4 ,the ,commission may establish an appropriate deadline for the submission of such recommendations4 7#b7 ,rescission ,the ,commission shall approve a reliability standard developed under section #bae that addresses a grid security vulnerability that is the subject of a rule or order under paragraph 7#a77;,b71 unless the ,commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section #bae4 ,upon such approval1 the ,commission shall rescind the rule promulgated or order issued under paragraph 7#a77;,b7 addressing such vulnerability1 effective upon the effective date of the newly approved reliability standard4 7#c7 ,geomagnetic storms and electromagnetic pulse ,not later than #f months after the date of enactment of this section1 the ,commission shall1 after notice and an opportunity for comment and after consultation with the ,secretary and other appropriate ,federal agencies1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #f months after the issuance of such order1 reliability standards adequate to protect the bulk-power system from any reasonably foreseeable geomagnetic storm or electromagnetic pulse event4 ,the ,commission's order shall specify the nature and magnitude of the reasonably foreseeable events against which such standards must protect4 ,such standards shall appropriately balance the risks to the bulk-power system associated with such events1 including any regional variation in such risks1 the costs of mitigating such risks1 and the priorities and timing associated with implementation4 ,if the ,commission determines that the reliability standards submitted by the ,electric ,reliability ,organization pursuant to this paragraph are inadequate1 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 7#a77;,b74 7#d7 ,large transformer availability ,not later than #a year after the date of enactment of this section1 the ,commission shall1 after notice and an opportunity for comment and after consultation with the ,secretary and other appropriate ,federal agencies1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #a year after the issuance of such order1 reliability standards addressing availability of large transformers4 ,such standards shall require entities that own or operate large transformers to ensure1 individually or jointly1 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 event4 ,the ,commission's order shall specify the nature and magnitude of the reasonably foreseeable events that shall provide the basis for such standards4 ,such standards shall-- 7,a7 provide entities subject to the standards with the option of meeting such standards individually or jointly2 and 7,b7 appropriately balance the risks associated with a reasonably foreseeable event1 including any regional variation in such risks1 and the costs of ensuring adequate availability of spare transformers4 7#e7 ,certain ,federal entities ,for the #aa-year period commencing on the date of enactment of this section1 the ,tennessee ,valley ,authority and the ,bonneville ,power ,administration shall be exempt from any requirement under this subsection4 7f7 ,security clearances ,the ,secretary shall facilitate and1 to the extent practicable1 expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section1 to enable optimum communication with ,federal agencies regarding threats to the security of the critical electric infrastructure4 ,the ,secretary1 the ,commission1 and other appropriate ,federal agencies shall1 to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information1 share timely actionable information regarding grid security with appropriate key personnel of owners1 operators1 and users of the critical electric infrastructure4 7g7 ,clarifications of liability 7#a7 ,compliance with or violation of this ,act ,except as provided in paragraph 7#d71 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 7b77#a71 including any action or omission taken to voluntarily comply with such order1 results in noncompliance with1 or causes such entity not to comply with any rule1 order1 regulation1 or provision of this ,act1 including any reliability standard approved by the ,commission pursuant to section #bae1 such action or omission shall not be considered a violation of such rule1 order1 regulation1 or provision4 7#b7 ,relation to section #bjb7;c7 ,except as provided in paragraph 7#d71 an action or omission taken by an owner1 operator1 or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection 7b77#a7 shall be treated as an action or omission taken to comply with an order issued under section #bjb7;c7 for purposes of such section4 7#c7 ,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 under1 and that is conducted in accordance with1 subsection 7d74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that1 in the course of complying with an order for emergency measures issued under subsection 7b77#a7 by taking an action or omission for which they would be liable but for paragraph 7#a7 or 7#b71 takes such action or omission in a grossly negligent manner4 4 7b7 ,conforming amendments 7#a7 ,jurisdiction ,section #bja7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;b77#b77 is amended by inserting #bae;,a1 after #bae1 each place it appears4 7#b7 ,public utility ,section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e77 is amended by inserting #bae;,a1 after #bae14 #aaje4 ,strategic ,transformer ,reserve 7a7 ,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 reliability1 including physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 and seismic events4 7b7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,critically damaged large power transformer ,the term critically damaged large power transformer means a large power transformer that-- 7,a7 has sustained extensive damage such that-- 7i7 repair or refurbishment is not economically viable2 or 7ii7 the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system2 and 7,b7 prior to sustaining such damage1 was part of the bulk-power system4 7#c7 ,critical electric infrastructure ,the term critical electric infrastructure has the meaning given that term in section #bae;,a of the ,federal ,power ,act4 7#d7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#e7 ,emergency mobile substation ,the term emergency mobile substation means a mobile substation or mobile transformer that is-- 7,a7 assembled and permanently mounted on a trailer that is capable of highway travel and meets relevant ,department of ,transportation regulations2 and 7,b7 intended for express deployment and capable of being rapidly placed into service4 7#f7 ,large power transformer ,the term large power transformer means a power transformer with a maximum nameplate rating of #ajj megavolt-amperes or higher1 including related critical equipment1 that is1 or is intended to be1 a part of the bulk-power system4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,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 transformer4 7c7 ,strategic ,transformer ,reserve plan 7#a7 ,plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,office of ,electricity ,delivery and ,energy ,reliability1 shall1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,electricity ,sub-sector ,coordinating ,council1 the ,electric ,reliability ,organization1 and owners and operators of critical electric infrastructure and defense and military installations1 prepare and submit to ,congress a plan to establish a ,strategic ,transformer ,reserve for the storage1 in strategically located facilities1 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 installations4 7#b7 ,inclusions ,the ,strategic ,transformer ,reserve plan shall include a description of-- 7,a7 the appropriate number and type of spare large power transformers necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations to mitigate significant impacts to the electric grid resulting from-- 7i7 physical attack2 7ii7 cyber attack2 7iii7 electromagnetic pulse attack2 7iv7 geomagnetic disturbances2 7v7 severe weather2 or 7vi7 seismic events2 7,b7 other critical electric grid equipment for which an inventory of spare equipment1 including emergency mobile substations1 is necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations2 7,c7 the degree to which utility sector actions or initiatives1 including individual utility ownership of spare equipment1 joint ownership of spare equipment inventory1 sharing agreements1 or other spare equipment reserves or arrangements1 satisfy the needs identified under subparagraphs 7,a7 and 7,b72 7,d7 the potential locations for1 and feasibility and appropriate number of1 strategic storage locations for reserve equipment1 including consideration of-- 7i7 the physical security of such locations2 7ii7 the protection of the confidentiality of such locations2 and 7iii7 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 installations1 so as to enable efficient delivery of equipment to such sites2 7,e7 the necessary degree of flexibility of spare large power transformers to be included in the ,strategic ,transformer ,reserve to conform to different substation configurations1 including consideration of transformer-- 7i7 power and voltage rating for each winding2 7ii7 overload requirements2 7iii7 impedance between windings2 7iv7 configuration of windings2 and 7v7 tap requirements2 7,f7 an estimate of the direct cost of the ,strategic ,transformer ,reserve1 as proposed1 including-- 7i7 the cost of storage facilities2 7ii7 the cost of the equipment2 and 7iii7 management1 maintenance1 and operation costs2 7,g7 the funding options available to establish1 stock1 manage1 and maintain the ,strategic ,transformer ,reserve1 including consideration of fees on owners and operators of bulk-power system facilities1 critical electric infrastructure1 and defense and military installations relying on the ,strategic ,transformer ,reserve1 use of ,federal appropriations1 and public-private cost-sharing options2 7,h7 the ease and speed of transportation1 installation1 and energization of spare large power transformers to be included in the ,strategic ,transformer ,reserve1 including consideration of factors such as-- 7i7 transformer transportation weight2 7ii7 transformer size2 7iii7 topology of critical substations2 7iv7 availability of appropriate transformer mounting pads2 7v7 flexibility of the spare large power transformers as described in subparagraph 7,e72 and 7vi7 ability to rapidly transition a spare large power transformer from storage to energization2 7,i7 eligibility criteria for withdrawal of equipment from the ,strategic ,transformer ,reserve2 7,j7 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 ,reserve2 7,k7 the process by which equipment withdrawn from the ,strategic ,transformer ,reserve is returned to the ,strategic ,transformer ,reserve or is replaced2 7,l7 possible fees to be paid by users of equipment withdrawn from the ,strategic ,transformer ,reserve2 7,m7 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 ,reserve2 7,n7 the domestic and international large power transformer supply chain2 7,o7 the potential reliability1 cost1 and operational benefits of including emergency mobile substations in any ,strategic ,transformer ,reserve established under this section2 and 7,p7 other considerations for designing1 constructing1 stocking1 funding1 and managing the ,strategic ,transformer ,reserve4 7d7 ,establishment ,the ,secretary may establish a ,strategic ,transformer ,reserve in accordance with the plan prepared pursuant to subsection 7c7 after the date that is #f months after the date on which such plan is submitted to ,congress4 7e7 ,disclosure of information ,any information included in the ,strategic ,transformer ,reserve plan1 or shared in the preparation and development of such plan1 the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure1 shall be deemed to be critical electric infrastructure information for purposes of section #bae;,a7d7 of the ,federal ,power ,act4 #aajf4 ,cyber ,sense 7a7 ,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 system1 as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7b7 ,program requirements ,in carrying out subsection 7a71 the ,secretary of ,energy shall-- 7#a7 establish a ,cyber ,sense testing process to identify products and technologies intended for use in the bulk-power system1 including products relating to industrial control systems1 such as supervisory control and data acquisition systems2 7#b7 for products tested and identified under the ,cyber ,sense program1 establish and maintain cybersecurity vulnerability reporting processes and a related database2 7#c7 promulgate regulations regarding vulnerability reporting processes for products tested and identified under the ,cyber ,sense program2 7#d7 provide technical assistance to utilities1 product manufacturers1 and other electric sector stakeholders to develop solutions to mitigate identified vulnerabilities in products tested and identified under the ,cyber ,sense program2 7#e7 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 threats2 7#f7 develop procurement guidance for utilities for products tested and identified under the ,cyber ,sense program2 7#g7 provide reasonable notice to the public1 and solicit comments from the public1 prior to establishing or revising the ,cyber ,sense testing process2 7#h7 oversee ,cyber ,sense testing carried out by third parties2 and 7#i7 consider incentives to encourage the use in the bulk-power system of products tested and identified under the ,cyber ,sense program4 7c7 ,disclosure of information ,any vulnerability reported pursuant to regulations promulgated under subsection 7b77#c71 the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure 7as defined in section #bae;,a of the ,federal ,power ,act71 shall be deemed to be critical electric infrastructure information for purposes of section #bae;,a7d7 of the ,federal ,power ,act4 7d7 ,federal ,government liability ,consistent with other voluntary ,federal ,government certification programs1 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 program4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities 7a7 ,state consideration of resiliency and advanced energy analytics technologies and reliable generation 7#a7 ,consideration ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding the following at the end3 7#bj7 ,improving the resilience of electric infrastructure 7,a7 ,in general ,each electric utility shall develop a plan to use resiliency-related technologies1 upgrades1 measures1 and other approaches designed to improve the resilience of electric infrastructure1 mitigate power outages1 continue delivery of vital services1 and maintain the flow of power to facilities critical to public health1 safety1 and welfare1 to the extent practicable using the most current data1 metrics1 and frameworks related to current and future threats1 including physical and cyber attacks1 electromagnetic pulse attacks1 geomagnetic disturbances1 seismic events1 and severe weather and other environmental stressors4 7,b7 ,resiliency-related technologies ,for purposes of this paragraph1 examples of resiliency-related technologies1 upgrades1 measures1 and other approaches include-- 7i7 hardening1 or other enhanced protection1 of utility poles1 wiring1 cabling1 and other distribution components1 facilities1 or structures2 7ii7 advanced grid technologies capable of isolating or repairing problems remotely1 such as advanced metering infrastructure1 high-tech sensors1 grid monitoring and control systems1 and remote reconfiguration and redundancy systems2 7iii7 cybersecurity products and components2 7iv7 distributed generation1 including back-up generation to power critical facilities and essential services1 and related integration components1 such as advanced inverter technology2 7v7 microgrid systems1 including hybrid microgrid systems for isolated communities2 7vi7 combined heat and power2 7vii7 waste heat resources2 7viii7 non-grid-scale energy storage technologies2 7ix7 wiring1 cabling1 and other distribution components1 including submersible distribution components1 and enclosures2 7x7 electronically controlled reclosers and similar technologies for power restoration1 including emergency mobile substations1 as defined in section #aaje of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae2 7xi7 advanced energy analytics technology1 such as ,internet-based and cloud-based computing solutions and subscription licensing models2 7xii7 measures that enhance resilience through planning1 preparation1 response1 and recovery activities2 7xiii7 operational capabilities to enhance resilience through rapid response recovery2 and 7xiv7 measures to ensure availability of key critical components through contracts1 cooperative agreements1 stockpiling and prepositioning1 or other measures4 7,c7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider authorizing each such electric utility to recover any capital1 operating expenditure1 or other costs of the electric utility related to the procurement1 deployment1 or use of resiliency-related technologies1 including a reasonable rate of return on the capital expenditures of the electric utility for the procurement1 deployment1 or use of resiliency-related technologies4 7#ba7 ,promoting investments in advanced energy analytics technology 7,a7 ,in general ,each electric utility shall develop and implement a plan for deploying advanced energy analytics technology4 7,b7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider confirming and clarifying1 if necessary1 that each such electric utility is authorized to recover the costs of the electric utility relating to the procurement1 deployment1 or use of advanced energy analytics technology1 including a reasonable rate of return on all such costs incurred by the electric utility for the procurement1 deployment1 or use of advanced energy analytics technology1 provided such technology is used by the electric utility for purposes of realizing operational efficiencies1 cost savings1 enhanced energy management and customer engagement1 improvements in system reliability1 safety1 and cybersecurity1 or other benefits to ratepayers4 7,c7 ,advanced energy analytics technology ,for purposes of this paragraph1 examples of advanced energy analytics technology include ,internet-based and cloud-based computing solutions and subscription licensing models1 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 networks1 employs analytics and machine learning1 or employs other advanced computing solutions and models4 7#bb7 ,assuring electric reliability with reliable generation 7,a7 ,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 #aj-year planning period4 7,b7 ,reliable generation ,for purposes of this paragraph1 reliable generation means electric generation facilities with reliability attributes that include-- 7i7 7,i7 possession of adequate fuel on-site to enable operation for an extended period of time2 7,,ii7 the operational ability to generate electric energy from more than one source2 or 7,,iii7 fuel certainty1 through firm contractual obligations 7which may not be required to be for a period longer than one year71 that ensures adequate fuel supply to enable operation1 for an extended period of time1 for the duration of an emergency or severe weather conditions2 7ii7 operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions2 and 7iii7 unless procured through other procurement mechanisms1 essential reliability services1 including frequency support and regulation services4 7#bc7 ,subsidization of customer-side technology 7,a7 ,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 cost1 fee1 or charge that directly or indirectly cross-subsidizes the deployment1 construction1 maintenance1 or operation of that customer-side technology1 such authority shall evaluate whether subsidizing the deployment1 construction1 maintenance1 or operation of a customer-side technology would-- 7i7 result in benefits predominately enjoyed by only the users of that customer-side technology2 7ii7 shift costs of a customer-side technology to electricity consumers that do not use that customer-side technology1 particularly where disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the costumer-side technology2 7iii7 negatively affect resource utilization1 fuel diversity1 or grid security2 7iv7 provide any unfair competitive advantage to market the customer-side technology2 and 7v7 be necessary to fulfill an obligation to serve electric consumers4 7,b7 ,public notice ,each ,state regulatory authority shall make available to the public the evaluation completed under subparagraph 7,a7 at least #ij days prior to any proceedings in which such authority considers the cross-subsidization of a customer-side technology4 7,c7 ,customer-side technology ,for purposes of this paragraph1 the term customer-side technology means a device connected to the electricity distribution system-- 7i7 at1 or on the customer side of1 the meter2 or 7ii7 that1 if owned or operated by or on behalf of an electric utility1 would otherwise be at1 or on the customer side of1 the meter4 4 7#b7 ,compliance 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility1 as applicable1 shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraphs 7#bj71 7#bb71 and 7#bc7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility1 as applicable1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraphs 7#bj71 7#bb71 and 7#bc7 of section #aaa7;d74 7#h7 7,a7 ,not later than #f months after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7,b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding the following at the end3 ,in the case of the standards established by paragraphs 7#bj7 through 7#bc7 of section #aaa7;d71 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 paragraphs44 7,c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following new subsection3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to a standard established by paragraph 7#bj71 7#ba71 7#bb71 or 7#bc7 of section #aaa7;d7 in the case of any electric utility in a ,state if-- 7#a7 before the date of enactment of this subsection1 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection2 or 7#c7 the ,state legislature has voted on the implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection4 4 7b7 ,coverage for competitive markets ,section #ajb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfab7 is amended by adding at the end the following3 7d7 ,coverage for competitive markets ,the requirements of this title do not apply to the operations of an electric utility1 or to proceedings respecting such operations1 to the extent that such operations or proceedings1 or any portion thereof1 relate to the competitive sale of retail electric energy that is unbundled or separated from the regulated provision or sale of distribution service4 4 #aajh4 ,reliability analysis for certain rules that affect electric generating facilities 7a7 ,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 units1 including by resulting in closure or interruption to operations of such a unit or units4 7b7 ,reliability analysis 7#a7 ,analysis of rules ,the ,federal ,energy ,regulatory ,commission1 in consultation with the ,electric ,reliability ,organization1 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-- 7,a7 electric reliability and resource adequacy2 7,b7 the electricity generation portfolio of the ,united ,states2 7,c7 the operation of wholesale electricity markets2 and 7,d7 energy delivery and infrastructure1 including electric transmission facilities and natural gas pipelines4 7#b7 ,relevant information 7,a7 ,materials from ,federal agencies ,a ,federal agency shall provide to the ,commission materials and information relevant to the analysis required under paragraph 7#a7 for a rule1 including relevant data1 modeling1 and resource adequacy and reliability assessments1 prepared or relied upon by such agency in developing the rule4 7,b7 ,analyses from other entities ,the ,electric ,reliability ,organization1 regional entities1 regional transmission organizations1 independent system operators1 and other reliability coordinators and planning authorities shall timely conduct analyses and provide such information as may be reasonably requested by the ,commission4 7#c7 ,notice ,a ,federal agency shall provide to the ,commission notice of the issuance of any proposed or final covered rule not later than #ae days after the date of such issuance4 7c7 ,proposed rules ,not later than #aej days after the date of publication in the ,federal ,register of a proposed rule described in subsection 7a71 the ,federal ,energy ,regulatory ,commission shall make available to the public an analysis of the proposed rule conducted in accordance with subsection 7b71 and any relevant special assessment or seasonal or long-term reliability assessment completed by the ,electric ,reliability ,organization4 7d7 ,final rules 7#a7 ,inclusion ,a final rule described in subsection 7a7 shall include1 if available at the time of issuance1 a copy of the analysis conducted pursuant to subsection 7c7 of the rule as proposed4 7#b7 ,analysis ,not later than #abj days after the date of publication in the ,federal ,register of a final rule described in subsection 7a71 the ,federal ,energy ,regulatory ,commission shall make available to the public an analysis of the final rule conducted in accordance with subsection 7b71 and any relevant special assessment or seasonal or long-term reliability assessment completed by the ,electric ,reliability ,organization4 7e7 ,definitions ,in this section3 7#a7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given to such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,federal agency ,the term ,federal agency means an agency1 as that term is defined in section #eea of title #e1 ,united ,states ,code4 7#c7 ,covered rule ,the term covered rule means a proposed or final rule that is estimated by the ,federal agency issuing the rule1 or the ,director of the ,office of ,management and ,budget1 to result in an annual effect on the economy of #a1jjj1jjj1jjj or more4 #aaji4 ,increased accountability with respect to carbon capture1 utilization1 and sequestration projects 7a7 ,,doe evaluation 7#a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall1 in accordance with this section1 annually conduct an evaluation1 and make recommendations1 with respect to each project conducted by the ,secretary for research1 development1 demonstration1 or deployment of carbon capture1 utilization1 and sequestration technologies 7also known as carbon capture and storage and utilization technologies74 7#b7 ,scope ,for purposes of this section1 a project includes any contract1 lease1 cooperative agreement1 or other similar transaction with a public agency or private organization or person1 entered into or performed1 or any payment made1 by the ,secretary for research1 development1 demonstration1 or deployment of carbon capture1 utilization1 and sequestration technologies4 7b7 ,requirements for evaluation ,in conducting an evaluation of a project under this section1 the ,secretary shall-- 7#a7 examine if the project has made advancements toward achieving any specific goal of the project with respect to a carbon capture1 utilization1 and sequestration technology2 and 7#b7 evaluate and determine if the project has made significant progress in advancing a carbon capture1 utilization1 and sequestration technology4 7c7 ,recommendations ,for each evaluation of a project conducted under this section1 if the ,secretary determines that-- 7#a7 significant progress in advancing a carbon capture1 utilization1 and sequestration technology has been made1 the ,secretary shall assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project2 or 7#b7 significant progress in advancing a carbon capture1 utilization1 and sequestration technology has not been made1 the ,secretary shall-- 7,a7 assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project2 7,b7 assess and determine if the project has reached its full potential2 and 7,c7 make a recommendation as to whether the project should continue4 7d7 ,reports 7#a7 ,report on evaluations and recommendations ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall-- 7,a7 issue a report on the evaluations conducted and recommendations made during the previous year pursuant to this section2 and 7,b7 make each such report available on the ,internet website of the ,department of ,energy4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #c years thereafter1 the ,secretary shall submit to the ,subcommittee on ,energy and ,power of the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on-- 7,a7 the evaluations conducted and recommendations made during the previous #c years pursuant to this section2 and 7,b7 the progress of the ,department of ,energy in advancing carbon capture1 utilization1 and sequestration technologies1 including progress in achieving the ,department of ,energy's goal of having an array of advanced carbon capture and sequestration technologies ready by #bjbj for large-scale demonstration4 #aaaj4 ,reliability and performance assurance in ,regional ,transmission ,organizations ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq471 as amended by section #aajd1 is further amended by adding after section #bae;,a the following new section3 #bae;,b4 ,reliability and performance assurance in ,regional ,transmission ,organizations 7a7 ,existing capacity markets 7#a7 ,analysis concerning capacity market design ,not later than #ahj days after the date of enactment of this section1 each ,regional ,transmission ,organization1 and each ,independent ,system ,operator1 that operates a capacity market1 or a comparable market intended to ensure the procurement and availability of sufficient future electric energy resources1 that is subject to the jurisdiction of the ,commission1 shall provide to the ,commission an analysis of how the structure of such market meets the following criteria3 7,a7 ,the structure of such market utilizes competitive market forces to the extent practicable in procuring capacity resources4 7,b7 ,consistent with subparagraph 7,a71 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-- 7i7 7,i7 possession of adequate fuel on-site to enable operation for an extended period of time2 7,,ii7 the operational ability to generate electric energy from more than one fuel source2 or 7,,iii7 fuel certainty1 through firm contractual obligations1 that ensures adequate fuel supply to enable operation1 for an extended period of time1 for the duration of an emergency or severe weather conditions2 7ii7 operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions2 and 7iii7 unless procured through other markets or procurement mechanisms1 essential reliability services1 including frequency support and regulation services4 7#b7 ,commission evaluation and report ,not later than #a year after the date of enactment of this section1 the ,commission shall make publicly available1 and submit to the ,committee on ,energy and ,commerce in the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources in the ,senate1 a report containing-- 7,a7 evaluation of whether the structure of each market addressed in an analysis submitted pursuant to paragraph 7#a7 meets the criteria under such paragraph1 based on the analysis2 and 7,b7 to the extent a market so addressed does not meet such criteria1 any recommendations with respect to the procurement of sufficient capacity1 as described in paragraph 7#a77;,b74 7b7 ,commission evaluation and report for new schedules 7#a7 ,inclusion of analysis in filing ,except as provided in subsection 7a77#b71 whenever a ,regional ,transmission ,organization or ,independent ,system ,operator files a new schedule under section #bje to establish a market described in subsection 7a77#a71 or that substantially modifies the capacity market design of a market described in subsection 7a77#a71 the ,regional ,transmission ,organization or ,independent ,system ,operator shall include in any such filing the analysis required by subsection 7a77#a74 7#b7 ,evaluation and report ,not later than #ahj days of receiving an analysis under paragraph 7#a71 the ,commission shall make publicly available1 and submit to the ,committee on ,energy and ,commerce in the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources in the ,senate1 a report containing-- 7,a7 an evaluation of whether the structure of the market addressed in the analysis meets the criteria under subsection 7a77#a71 based on the analysis2 and 7,b7 to the extent the market does not meet such criteria1 any recommendations with respect to the procurement of sufficient capacity1 as described in subsection 7a77#a77;,b74 7c7 ,effect on existing approvals ,nothing in this section shall be considered to-- 7#a7 require a modification of the ,commission's approval of the capacity market design approved pursuant to docket numbers ,,er#ae-fbc-jjj1 ,,el#ae-bi-jjj1 ,,el#ad-eb-jjj1 and ,,er#ad-bdai-jjj2 or 7#b7 provide grounds for the ,commission to grant rehearing or otherwise modify orders issued in those dockets4 4 #aaaa4 ,ethane storage study 7a7 ,in general ,the ,secretary of ,energy and the ,secretary of ,commerce1 in consultation with other relevant agencies and stakeholders1 shall conduct a study on the feasibility of establishing an ethane storage and distribution hub in the ,united ,states4 7b7 ,contents ,the study conducted under subsection 7a7 shall include-- 7#a7 an examination of-- 7,a7 potential locations2 7,b7 economic feasibility2 7,c7 economic benefits2 7,d7 geological storage capacity capabilities2 7,e7 above ground storage capabilities2 7,f7 infrastructure needs2 and 7,g7 other markets and trading hubs1 particularly related to ethane2 and 7#b7 identification of potential additional benefits to energy security4 7c7 ,publication of results ,not later than #b years after the date of enactment of this ,act1 the ,secretaries of ,energy and ,commerce shall publish the results of the study conducted under subsection 7a7 on the websites of the ,departments of ,energy and ,commerce1 respectively1 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 ,commerce1 ,science1 and ,transportation of the ,senate4 #aaab4 ,statement of policy on grid modernization ,it is the policy of the ,united ,states to promote and advance-- 7#a7 the modernization of the energy delivery infrastructure of the ,united ,states1 and bolster the reliability1 affordability1 diversity1 efficiency1 security1 and resiliency of domestic energy supplies1 through advanced grid technologies2 7#b7 the modernization of the electric grid to enable a robust multi-directional power flow that leverages centralized energy resources and distributed energy resources1 enables robust retail transactions1 and facilitates the alignment of business and regulatory models to achieve a grid that optimizes the entire electric delivery system2 7#c7 relevant research and development in advanced grid technologies1 including-- 7,a7 energy storage2 7,b7 predictive tools and requisite real-time data to enable the dynamic optimization of grid operations2 7,c7 power electronics1 including smart inverters1 that ease the challenge of intermittent renewable resources and distributed generation2 7,d7 real-time data and situational awareness tools and systems2 and 7,e7 tools to increase data security1 physical security1 and cybersecurity awareness and protection2 7#d7 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 technologies1 architectures1 and control paradigms capable of managing diverse supplies and loads2 7#e7 the safeguarding of the critical energy delivery infrastructure of the ,united ,states and the enhanced resilience of the infrastructure to all hazards1 including-- 7,a7 severe weather events2 7,b7 cyber and physical threats2 and 7,c7 other factors that affect energy delivery2 7#f7 the coordination of goals1 investments to optimize the grid1 and other measures for energy efficiency1 advanced grid technologies1 interoperability1 and demand response-side management resources2 7#g7 partnerships with ,states and the private sector-- 7,a7 to facilitate advanced grid capabilities and strategies2 and 7,b7 to provide technical assistance1 tools1 or other related information necessary to enhance grid integration1 particularly in connection with the development at the ,state and local levels of strategic energy1 energy surety and assurance1 and emergency preparedness1 response1 and restoration planning2 7#h7 the deployment of information and communications technologies at all levels of the electric system2 7#i7 opportunities to provide consumers with timely information and advanced control options2 7#aj7 sophisticated or advanced control options to integrate distributed energy resources and associated ancillary services2 7#aa7 open-source communications1 database architectures1 and common information model standards1 guidelines1 and protocols that enable interoperability to maximize efficiency gains and associated benefits among-- 7,a7 the grid2 7,b7 energy and building management systems2 and 7,c7 residential1 commercial1 and industrial equipment2 7#ab7 private sector investment in the energy delivery infrastructure of the ,united ,states through targeted demonstration and validation of advanced grid technologies2 and 7#ac7 establishment of common valuation methods and tools for cost-benefit analysis of grid integration paradigms4 #aaac4 ,grid resilience report ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,congress a report on methods to increase electric grid resilience with respect to all threats1 including cyber attacks1 vandalism1 terrorism1 and severe weather4 #aaad4 ,,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 improved4 #aaae4 ,designation of ,national ,energy ,security ,corridors on ,federal lands 7a7 ,in general ,section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 by striking 7b77#a7 ,for the purposes of this section ,federal lands means and inserting the following3 7b7 7#a7 ,for the purposes of this section ,federal lands-- 7,a7 except as provided in subparagraph 7,b71 means 2 7,b7 by striking the period at the end of paragraph 7#a7 and inserting 2 and and by adding at the end of paragraph 7#a7 the following3 7,b7 for purposes of granting an application for a natural gas pipeline right-of-way1 means all lands owned by the ,united ,states except-- 7i7 such lands held in trust for an ,indian or ,indian tribe2 and 7ii7 lands on the ,outer ,continental ,shelf4 4 7#b7 ,by redesignating subsection 7b71 as so amended1 as subsection 7z71 and transferring such subsection to appear after subsection 7y7 of that section4 7#c7 ,by inserting after subsection 7a7 the following3 7b7 ,national ,energy ,security ,corridors 7#a7 ,designation ,in addition to other authorities under this section1 the ,secretary shall-- 7,a7 identify and designate suitable ,federal lands as ,national ,energy ,security ,corridors 7in this subsection referred to as a ,corridor71 which shall be used for construction1 operation1 and maintenance of natural gas transmission facilities2 and 7,b7 incorporate such ,corridors upon designation into the relevant agency land use and resource management plans or equivalent plans4 7#b7 ,considerations ,in evaluating ,federal lands for designation as a ,national ,energy ,security ,corridor1 the ,secretary shall-- 7,a7 employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles2 7,b7 seek input from other ,federal counterparts1 ,state1 local1 and tribal governments1 and affected utility and pipeline industries to determine the best suitable1 most cost-effective1 and commercially viable acreage for natural gas transmission facilities2 7,c7 focus on transmission routes that improve domestic energy security through increasing reliability1 relieving congestion1 reducing natural gas prices1 and meeting growing demand for natural gas2 and 7,d7 take into account technological innovations that reduce the need for surface disturbance4 7#c7 ,procedures ,the ,secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across ,national ,energy ,security ,corridors1 that-- 7,a7 ensure a transparent process for review of applications for rights-of-way on such corridors2 7,b7 require an approval time of not more than #a year after the date of receipt of an application for a right-of-way2 and 7,c7 require1 upon receipt of such an application1 notice to the applicant of a predictable timeline for consideration of the application1 that clearly delineates important milestones in the process of such consideration4 7#d7 ,state input 7,a7 ,requests authorized ,the ,governor of a ,state may submit requests to the ,secretary of the ,interior to designate ,corridors on ,federal land in that ,state4 7,b7 ,consideration of requests ,after receiving such a request1 the ,secretary shall respond in writing1 within #cj days-- 7i7 acknowledging receipt of the request2 and 7ii7 setting forth a timeline in which the ,secretary shall grant1 deny1 or modify such request and state the reasons for doing so4 7#e7 ,spatial distribution of corridors ,in implementing this subsection1 the ,secretary shall coordinate with other ,federal ,departments to-- 7,a7 minimize the proliferation of duplicative natural gas pipeline rights-of-way on ,federal lands where feasible2 7,b7 ensure ,corridors can connect effectively across ,federal lands2 and 7,c7 utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts1 to the extent practicable1 on local communities4 7#f7 ,not a major ,federal action ,designation of a ,corridor under this subsection1 and incorporation of ,corridors into agency plans under paragraph 7#a77;,b71 shall not be treated as a major ,federal action for purpose of section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7#g7 ,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 subsection4 7#h7 ,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 subsection4 7#i7 ,,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 7h74 4 7b7 ,applications received before designation of ,corridors ,any application for a right-of-way under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 that is received by the ,secretary of the ,interior before designation of ,national ,energy ,security ,corridors under the amendment made by subsection 7a7 of this section shall be reviewed and acted upon independently by the ,secretary without regard to the process for such designation4 7c7 ,deadline ,within #b years after the date of the enactment of this ,act1 the ,secretary of the ,interior shall designate at least #aj ,national ,energy ,security ,corridors under the amendment made by subsection 7a7 in ,states referred to in section #cfh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibf7;b774 #aaaf4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal lands containing electric transmission and distribution facilities 7a7 ,in general ,title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq47 is amended by adding at the end the following new section3 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way 7a7 ,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 property1 the ,secretary1 with respect to public lands and other lands under the jurisdiction of the ,secretary1 and the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands1 shall provide direction to ensure that all existing and future rights-of-way1 however established 7including by grant1 special use authorization1 and easement71 for electric transmission and distribution facilities on such lands include provisions for utility vegetation management1 facility inspection1 and operation and maintenance activities that1 while consistent with applicable law-- 7#a7 are developed in consultation with the holder of the right-of-way2 7#b7 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 ,federal1 ,state1 and local electric system reliability and fire safety requirements1 including reliability standards established by the ,north ,american ,electric ,reliability ,corporation and plans to meet such reliability standards2 7#c7 minimize the need for case-by-case or annual approvals for-- 7,a7 routine vegetation management1 facility inspection1 and operation and maintenance activities within existing electric transmission and distribution rights-of-way2 and 7,b7 utility vegetation management activities that are necessary to control hazard trees within or adjacent to electric transmission and distribution rights-of-way2 and 7#d7 when review is required1 provide for expedited review and approval of utility vegetation management1 facility inspection1 and operation and maintenance activities1 especially activities requiring prompt action to avoid an adverse impact on human safety or electric reliability to avoid fire hazards4 7b7 ,vegetation management1 facility inspection1 and operation and maintenance plans 7#a7 ,development and submission ,consistent with subsection 7a71 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 management1 facility inspection1 and operation and maintenance plan1 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 lands1 for approval to the ,secretary with jurisdiction over the lands4 ,a plan under this paragraph shall enable the owner or operator of an electric transmission and distribution facility1 at a minimum1 to comply with applicable ,federal1 ,state1 and local electric system reliability and fire safety requirements1 as provided in subsection 7a77#b74 ,the ,secretaries shall not have the authority to modify those requirements4 7#b7 ,review and approval process ,the ,secretary and the ,secretary of ,agriculture shall jointly develop a consolidated and coordinated process for review and approval of-- 7,a7 vegetation management1 facility inspection1 and operation and maintenance plans submitted under paragraph 7#a7 that-- 7i7 assures prompt review and approval not to exceed #ij days2 7ii7 includes timelines and benchmarks for agency comments on submitted plans and final approval of such plans2 7iii7 is consistent with applicable law2 and 7iv7 minimizes the costs of the process to the reviewing agency and the entity submitting the plans2 and 7,b7 amendments to the plans in a prompt manner if changed conditions necessitate a modification to a plan4 7#c7 ,notification ,the review and approval process under paragraph 7#b7 shall-- 7,a7 include notification by the agency of any changed conditions that warrant a modification to a plan2 7,b7 provide an opportunity for the owner or operator to submit a proposed plan amendment to address directly the changed condition2 and 7,c7 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 modification4 7#d7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 to plans developed under this subsection on existing electric transmission and distribution rights-of-way under this subsection4 7#e7 ,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-way4 ,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 facility1 necessary reviews shall be completed as part of the siting process or sooner4 ,once the plan is approved1 the owner or operator shall provide the agency with only a notification of activities anticipated to be undertaken in the coming year1 a description of those activities1 and certification that the activities are in accordance with the plan4 7c7 ,response to emergency conditions ,if vegetation on ,federal lands within1 or hazard trees on ,federal lands adjacent to1 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 lines1 the owner or operator of the electric transmission or distribution lines-- 7#a7 may prune or remove the vegetation to avoid the disruption of electric service and risk of fire2 and 7#b7 shall notify the appropriate local agent of the relevant ,secretary not later than #bd hours after such removal4 7d7 ,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 ,corporation1 or by ,state and local authorities1 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 #c business days after receiving a request to allow such activities1 the owner or operator may1 after notifying the ,secretary1 conduct such vegetation management activities to meet those clearance requirements4 7e7 ,reporting requirement ,the ,secretary or ,secretary of ,agriculture shall report requests and actions made under subsections 7c7 and 7d7 annually on each ,secretary's website4 7f7 ,liability ,an owner or operator of an electric transmission or distribution facility shall not be held liable for wildfire damage1 loss1 or injury1 including the cost of fire suppression1 if-- 7#a7 the ,secretary or the ,secretary of ,agriculture fails to allow the owner or operator to operate consistently with an approved vegetation management1 facility inspection1 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 ,federal1 ,state1 or local electric system reliability and fire safety standards1 including standards established by the ,north ,american ,electric ,reliability ,corporation2 or 7#b7 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 tree1 or a tree in imminent danger of contacting the owner's or operator's electric transmission or distribution facility4 7g7 ,training and guidance ,in consultation with the electric utility industry1 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-- 7#a7 understand electric system reliability and fire safety requirements1 including reliability standards established by the ,north ,american ,electric ,reliability ,corporation2 7#b7 assist owners and operators of electric transmission and distribution facilities to comply with applicable electric reliability and fire safety requirements2 and 7#c7 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 safety4 7h7 ,implementation ,the ,secretary and the ,secretary of ,agriculture shall-- 7#a7 not later than one year after the date of the enactment of this section1 propose regulations1 or amended existing regulations1 to implement this section2 and 7#b7 not later than two years after the date of the enactment of this section1 finalize regulations1 or amended existing regulations1 to implement this section4 7i7 ,existing vegetation management1 facility inspection1 and operation and maintenance plans ,nothing in this section requires an owner or operator to develop and submit a vegetation management1 facility inspection1 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 section4 7j7 ,definitions ,in this section3 7#a7 ,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 facility1 or the ,secretary or the ,secretary of ,agriculture1 to be likely to fail and cause a high risk of injury1 damage1 or disruption within #aj feet of an electric power line or related structure if it fell4 7#b7 ,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 facility4 7#c7 ,vegetation management1 facility inspection1 and operation and maintenance plan ,the term vegetation management1 facility inspection1 and operation and maintenance plan means a plan that-- 7,a7 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-way2 and 7,b7 provides for the long-term1 cost-effective1 efficient1 and timely management of facilities and vegetation within the width of the right-of-way and adjacent ,federal lands to enhance electric reliability1 promote public safety1 and avoid fire hazards4 4 7b7 ,clerical amendment ,the table of sections for the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq471 is amended by inserting after the item relating to section #eaa the following new item3 ,sec4 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way4 4 ,b ,hydropower ,regulatory ,modernization #abja4 ,protection of private property rights in hydropower licensing 7a7 ,licences ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended-- 7#a7 by striking and after recreational opportunities12 and 7#b7 by inserting 1 and minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after aspects of environmental quality4 7b7 ,private landownership ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended-- 7#a7 in subsection 7a77#a71 by inserting 1 including minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after section #d7;e72 and 7#b7 by adding at the end the following3 7k7 ,private landownership ,in developing any recreational resource within the project boundary1 the licensee shall consider private landownership as a means to encourage and facilitate-- 7#a7 private investment2 and 7#b7 increased tourism and recreational use4 4 #abjb4 ,extension of time for ,,ferc project involving ,w4 ,kerr ,scott ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abfdb1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to #c consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 #abjc4 ,hydropower licensing and process improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,hydropower licensing and process improvements 7a7 ,definition ,in this section1 the term ,federal authorization-- 7#a7 means any authorization required under ,federal law with respect to an application for a license1 license amendment1 or exemption under this part2 and 7#b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law to approve or implement the license1 license amendment1 or exemption under this part4 7b7 ,designation as lead agency 7#a7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,other agencies and ,indian tribes 7,a7 ,in general ,each ,federal1 ,state1 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 7c74 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by the applicant of a project or facility requiring ,commission action under this part1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for a ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency and ,indian tribe identified under subparagraph 7,b7 of the opportunity to participate in the process of reviewing an aspect of an application for a ,federal authorization4 7ii7 ,deadline ,each agency and ,indian tribe receiving a notice under clause 7i7 shall submit a response acknowledging receipt of the notice to the ,commission within #cj days of receipt of such notice and request4 7,d7 ,issue ,identification and ,resolution 7i7 ,identification of issues ,federal1 ,state1 and local government agencies and ,indian tribes that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 and share with the ,commission and the applicant1 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 authorization1 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 7c74 7ii7 ,issue resolution ,the ,commission may forward any issue of concern identified under clause 7i7 to the heads of the relevant ,state and ,federal agencies 7including1 in the case of scheduling concerns identified by a ,state or local government agency or ,indian tribe1 the ,federal agency overseeing the delegated authority1 or the ,secretary of the ,interior with regard to scheduling concerns identified by an ,indian tribe7 for resolution4 ,the ,commission and any relevant agency shall enter into a memorandum of understanding to facilitate interagency coordination and resolution of such issues of concern1 as appropriate4 7c7 ,schedule 7#a7 ,commission rulemaking to establish process to set schedule ,within #ahj days of the date of enactment of this section the ,commission shall1 in consultation with the appropriate ,federal agencies1 issue a rule1 after providing for notice and public comment1 establishing a process for setting a schedule following the filing of an application under this part for the review and disposition of each ,federal authorization4 7#b7 ,elements of scheduling rule ,in issuing a rule under this subsection1 the ,commission shall ensure that the schedule for each ,federal authorization-- 7,a7 includes deadlines for actions by-- 7i7 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the ,federal authorization2 7ii7 the applicant2 7iii7 the ,commission2 and 7iv7 other participants in a proceeding2 7,b7 is developed in consultation with the applicant and any agency and ,indian tribe that submits a response under subsection 7b77#b77;,c77ii72 7,c7 provides an opportunity for any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the applicable ,federal authorization to identify and resolve issues of concern1 as provided in subsection 7b77#b77;,d72 7,d7 complies with applicable schedules established under ,federal and ,state law2 7,e7 ensures expeditious completion of all proceedings required under ,federal and ,state law1 to the extent practicable2 and 7,f7 facilitates completion of ,federal and ,state agency studies1 reviews1 and any other procedures required prior to1 or concurrent with1 the preparation of the ,commission's environmental document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,transmission of ,final ,schedule 7#a7 ,in ,general ,for each application for a license1 license amendment1 or exemption under this part1 the ,commission shall establish a schedule in accordance with the rule issued by the ,commission under subsection 7c74 ,the ,commission shall publicly notice and transmit the final schedule to the applicant and each agency and ,indian tribe identified under subsection 7b77#b77;,b74 7#b7 ,response ,each agency and ,indian tribe receiving a schedule under this subsection shall acknowledge receipt of such schedule in writing to the ,commission within #cj days4 7e7 ,adherence to schedule ,all applicants1 other licensing participants1 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 7d77#a74 7f7 ,application processing ,the ,commission1 ,federal1 ,state1 and local government agencies1 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 application4 ,all costs of an agency or tribe incurred pursuant to direct funding by the applicant1 including all costs associated with the third party contractor1 shall not be considered costs of the ,united ,states for the administration of this part under section #aj7;e74 7g7 ,commission recommendation on scope of environmental review ,for the purposes of coordinating ,federal authorizations for each project1 the ,commission shall consult with and make a recommendation to agencies and ,indian tribes receiving a schedule under subsection 7d7 on the scope of the environmental review for all ,federal authorizations for such project4 ,each ,federal and ,state agency and ,indian tribe shall give due consideration and may give deference to the ,commission's recommendations1 to the extent appropriate under ,federal law4 7h7 ,failure ,to meet schedule ,a ,federal1 ,state1 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 7d77#a7 may file for an extension as provided under section #cac7;b77#b74 7i7 ,consolidated record ,the ,commission shall1 with the cooperation of ,federal1 ,state1 and local government agencies and ,indian tribes1 maintain a complete consolidated record of all decisions made or actions taken by the ,commission or by a ,federal administrative agency or officer 7or ,state or local government agency or officer or ,indian tribe acting under delegated ,federal authority7 with respect to any ,federal authorization4 ,such record shall constitute the record for judicial review under section #cac7;b74 4 #abjd4 ,judicial review of delayed ,federal authorizations ,section #cac7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbel7b77 is amended-- 7#a7 by striking 7b7 ,any party and inserting the following3 7b7 ,judicial review 7#a7 ,in general ,any party 2 and 7#b7 by adding at the end the following3 7#b7 ,delay of a ,federal authorization ,any ,federal1 ,state1 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 #cd may file for an extension in the ,united ,states court of appeals for any circuit wherein the project or proposed project is located1 or in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 ,such petition shall be filed not later than #cj days prior to such deadline4 ,the court shall only grant an extension if the agency or tribe demonstrates1 based on the record maintained under section #cd1 that it otherwise complied with the requirements of section #cd and that complying with the schedule set by the ,commission would have prevented the agency or tribe from complying with applicable ,federal or ,state law4 ,if the court grants the extension1 the court shall set a reasonable schedule and deadline1 not to exceed #ij days1 for the agency to act on remand4 ,if the court denies the extension1 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 deadline1 the ,commission and applicant may move forward with the proposed action4 4 #abje4 ,licensing study improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjc1 is further amended by adding at the end the following3 #ce4 ,licensing study improvements 7a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall1 in consultation with applicable ,federal and ,state agencies and interested members of the public-- 7#a7 compile current and accepted best practices in performing studies required in such license proceedings1 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 science2 7#b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this part2 and 7#c7 encourage license applicants1 agencies1 and ,indian tribes to develop and use1 for the purpose of fostering timely and efficient consideration of license applications1 a limited number of open-source methodologies and tools applicable across a wide array of projects1 including water balance models and streamflow analyses4 7b7 ,use of studies ,to the extent practicable1 the ,commission and other ,federal1 ,state1 and local government agencies and ,indian tribes considering an aspect of an application for ,federal authorization shall use current1 accepted science toward studies and data in support of their actions4 ,any participant in a proceeding with respect to a ,federal authorization shall demonstrate a study requested by the party is not duplicative of current1 existing studies that are applicable to the project4 7c7 ,basin-,wide or ,regional ,review ,the ,commission shall establish a program to develop comprehensive plans1 at the request of project applicants1 on a regional or basin-wide scale1 in consultation with the applicants1 appropriate ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 in basins or regions with respect to which there are more than one project or application for a project4 ,upon such a request1 the ,commission1 in consultation with the applicants1 such ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 may conduct or commission regional or basin-wide environmental studies1 with the participation of at least #b applicants4 ,any study conducted under this subsection shall apply only to a project with respect to which the applicant participates4 4 #abjf4 ,closed-loop pumped storage projects ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abje1 is further amended by adding at the end the following3 #cf4 ,closed-loop pumped storage projects 7a7 ,definition ,for purposes of this section1 a closed-loop pumped storage project is a project-- 7#a7 in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters2 or 7#b7 that is not continuously connected to a naturally flowing water feature4 7b7 ,in general ,as provided in this section1 the ,commission may issue and amend licenses and preliminary permits1 as appropriate1 for closed-loop pumped storage projects4 7c7 ,dam safety ,before issuing any license for a closed-loop pumped storage project1 the ,commission shall assess the safety of existing dams and other structures related to the project 7including possible consequences associated with failure of such structures74 7d7 ,license conditions ,with respect to a closed-loop pumped storage project1 the authority of the ,commission to impose conditions on a license under sections #d7;e71 #aj7;a71 #aj7;g71 and #aj7;j7 shall not apply1 and any condition included in or applicable to a closed-loop pumped storage project licensed under this section1 including any condition or other requirement of a ,federal authorization1 shall be limited to those that are-- 7#a7 necessary to protect public safety2 or 7#b7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources directly caused by the construction and operation of the project1 as compared to the environmental baseline existing at the time the ,commission completes its environmental review4 7e7 ,transfers ,notwithstanding section #e1 and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section #g7;a7 when obtaining the permit1 the ,commission may1 to facilitate development of a closed-loop pumped storage project-- 7#a7 add entities as joint permittees following issuance of a preliminary permit2 and 7#b7 transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality4 4 #abjg4 ,license amendment improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjf1 is further amended by adding at the end the following3 #cg4 ,license amendment improvements 7a7 ,qualifying project upgrades 7#a7 ,in general ,as provided in this section1 the ,commission may approve an application for an amendment to a license issued under this part for a qualifying project upgrade4 7#b7 ,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 upgrade4 7#c7 ,initial determination ,not later than #ae days after receipt of an application under paragraph 7#b71 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 upgrade4 ,the ,commission shall publish its initial determination and issue notice of the application filed under paragraph 7#b74 ,such notice shall solicit public comment on the initial determination within #de days4 7#d7 ,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 #de days beginning on the date of publication of a public notice described in paragraph 7#c71 and shall-- 7,a7 if no entity contests whether the proposed license amendment is for a qualifying project upgrade during such comment period1 immediately publish a notice stating that the initial determination has not been contested2 or 7,b7 if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period1 issue a written determination in accordance with paragraph 7#e74 7#e7 ,written determination ,if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph 7#d71 the ,commission shall1 not later than #cj days after the date of publication of the public notice of the initial determination under paragraph 7#c71 issue a written determination as to whether the proposed license amendment is for a qualifying project upgrade4 7#f7 ,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 7#d7 or the ,commission issues a written determination under paragraph 7#e7 that a proposed license amendment is a qualifying project upgrade1 the ,commission shall-- 7,a7 during the #fj-;day period beginning on the date of publication of a notice under paragraph 7#d77;,a7 or the date on which the ,commission issues the written determination under paragraph 7#e71 as applicable1 solicit comments from each ,federal1 ,state1 and local government agency and ,indian tribe considering an aspect of an application for ,federal authorization 7as defined in section #cd7 with respect to the proposed license amendment1 as well as other interested agencies1 ,indian tribes1 and members of the public2 and 7,b7 during the #ij-;day period beginning on the date of publication of a notice under paragraph 7#d77;,a7 or the date on which the ,commission issues the written determination under paragraph 7#e71 as applicable1 consult with-- 7i7 appropriate ,federal agencies and the ,state agency exercising administrative control over the fish and wildlife resources1 and water quality and supply1 of the ,state in which the qualifying project upgrade is located2 7ii7 any ,federal department supervising any public lands or reservations occupied by the qualifying project upgrade2 and 7iii7 any ,indian tribe affected by the qualifying project upgrade4 7#g7 ,federal authorizations ,the schedule established by the ,commission under section #cd for any project upgrade under this subsection shall require final disposition on all necessary ,federal authorizations 7as defined in section #cd71 other than final action by the ,commission1 by not later than #abj days after the date on which the ,commission issues a notice under paragraph 7#d77;,a7 or a written determination under paragraph 7#e71 as applicable4 7#h7 ,commission action ,not later than #aej days after the date on which the ,commission issues a notice under paragraph 7#d77;,a7 or a written determination under paragraph 7#e71 as applicable1 the ,commission shall take final action on the license amendment application4 7#i7 ,license amendment conditions ,any condition included in or applicable to a license amendment approved under this subsection1 including any condition or other requirement of a ,federal authorization1 shall be limited to those that are-- 7,a7 necessary to protect public safety2 or 7,b7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources1 water supply1 and water quality that are directly caused by the construction and operation of the qualifying project upgrade1 as compared to the environmental baseline existing at the time the ,commission approves the application for the license amendment4 7#aj7 ,proposed license amendments that are not qualifying project upgrades ,if the ,commission determines under paragraph 7#c7 or 7#e7 that a proposed license amendment is not for a qualifying project upgrade1 the procedures under paragraphs 7#f7 through 7#i7 shall not apply to the application4 7#aa7 ,rulemaking ,not later than #ahj days after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule to implement this subsection4 7#ab7 ,definitions ,for purposes of this subsection3 7,a7 ,qualifying project upgrade ,the term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria1 as determined by the ,commission4 7,b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a project license under this part1 a change to the project that-- 7i7 if carried out1 would be unlikely to adversely affect any species listed as threatened or endangered under the ,endangered ,species ,act of #aigc or result in the destruction or adverse modification of critical habitat1 as determined in consultation with the ,secretary of the ,interior or ,secretary of ,commerce1 as appropriate1 in accordance with section #g of the ,endangered ,species ,act of #aigc2 7ii7 is consistent with any applicable comprehensive plan under section #aj7;a77#b72 7iii7 includes only changes to project lands1 waters1 or operations that1 in the judgment of the ,commission1 would result in only insignificant or minimal cumulative adverse environmental effects2 7iv7 would be unlikely to adversely affect water quality and water supply2 and 7v7 proposes to implement-- 7,i7 capacity increases1 efficiency improvements1 or other enhancements to hydropower generation at the licensed project2 7,,ii7 environmental protection1 mitigation1 or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources2 or 7,,iii7 improvements to public recreation at the licensed project4 7b7 ,amendment approval processes 7#a7 ,rule ,not later than #a year after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule establishing new standards and procedures for license amendment applications under this part4 ,in issuing such rule1 the ,commission shall seek to develop the most efficient and expedient process1 consultation1 and review requirements1 commensurate with the scope of different categories of proposed license amendments4 ,such rule shall account for differences in environmental effects across a wide range of categories of license amendment applications4 7#b7 ,capacity ,in issuing a rule under this subsection1 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 effects4 7#c7 ,process options ,in issuing a rule under this subsection1 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 applications1 where appropriate4 4 #abjh4 ,promoting hydropower development at existing nonpowered dams ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjg1 is further amended by adding at the end the following3 #ch4 ,promoting hydropower development at existing nonpowered dams 7a7 ,exemptions for qualifying facilities 7#a7 ,exemption qualifications ,subject to the requirements of this subsection1 the ,commission may grant an exemption in whole or in part from the requirements of this part1 including any license requirements contained in this part1 to any facility the ,commission determines is a qualifying facility4 7#b7 ,consultation with ,federal and ,state agencies ,in granting any exemption under this subsection1 the ,commission shall consult with-- 7,a7 the ,united ,states ,fish and ,wildlife ,service1 the ,national ,marine ,fisheries ,service1 and the ,state agency exercising administrative control over the fish and wildlife resources of the ,state in which the facility will be located1 in the manner provided by the ,fish and ,wildlife ,coordination ,act2 7,b7 any ,federal department supervising any public lands or reservations occupied by the project2 and 7,c7 any ,indian tribe affected by the project4 7#c7 ,exemption conditions 7,a7 ,in general ,the ,commission shall include in any exemption granted under this subsection only such terms and conditions that the ,commission determines are-- 7i7 necessary to protect public safety2 or 7ii7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources directly caused by the construction and operation of the qualifying facility1 as compared to the environmental baseline existing at the time the ,commission grants the exemption4 7,b7 ,no changes to release regime ,no ,federal authorization required with respect to a qualifying facility described in paragraph 7#a71 including an exemption granted by the ,commission under this subsection1 may include any condition or other requirement that results in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#d7 ,environmental review ,the ,commission's environmental review under the ,national ,environmental ,policy ,act of #aifi of a proposed exemption under this subsection shall consist only of an environmental assessment1 unless the ,commission determines1 by rule or order1 that the ,commission's obligations under such ,act for granting exemptions under this subsection can be met through a categorical exclusion4 7#e7 ,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 ,act4 7#f7 ,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 located4 ,such annual charges shall be equivalent to the annual charges for use of a ,government dam under section #aj7;e71 unless the ,commission determines1 by rule1 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 charges4 ,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 receipts4 ,subject to annual appropriation ,acts1 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 located4 ,not later than #ahj days after the date of enactment of this section1 the ,commission shall establish rules1 after notice and opportunity for public comment1 for the collection and administration of annual charges under this paragraph4 7#g7 ,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 line1 and shall not extend to any conduit1 dam1 impoundment1 shoreline or other land1 or any other project work associated with the qualifying facility exempted under this subsection4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,federal authorization ,the term ,federal authorization has the same meaning as provided in section #cd4 7#b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a facility-- 7,a7 as of the date of enactment of this section1 the facility is not licensed under1 or exempted from the license requirements contained in1 this part2 7,b7 the facility will be associated with a qualifying nonpowered dam2 7,c7 the facility will be constructed1 operated1 and maintained for the generation of electric power2 7,d7 the facility will use for such generation any withdrawals1 diversions1 releases1 or flows from the associated qualifying nonpowered dam1 including its associated impoundment or other infrastructure2 and 7,e7 the operation of the facility will not result in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#c7 ,qualifying facility ,the term qualifying facility means a facility that is determined under this section to meet the qualifying criteria4 7#d7 ,qualifying nonpowered dam ,the term qualifying nonpowered dam means any dam1 dike1 embankment1 or other barrier-- 7,a7 the construction of which was completed on or before the date of enactment of this section2 7,b7 that is operated for the control1 release1 or distribution of water for agricultural1 municipal1 navigational1 industrial1 commercial1 environmental1 recreational1 aesthetic1 or flood control purposes2 7,c7 that1 as of the date of enactment of this section1 is not equipped with hydropower generating works that are licensed under1 or exempted from the license requirements contained in1 this part2 and 7,d7 that1 in the case of a non-,federal dam1 has been certified by an independent consultant approved by the ,commission as complying with the ,commission's dam safety requirements4 4 ,,ii ,energy ,security and ,diplomacy #bjja4 ,sense of ,congress ,congress finds the following3 7#a7 ,north ,america's energy revolution has significantly enhanced energy security in the ,united ,states1 and fundamentally changed the ,nation's energy future from that of scarcity to abundance4 7#b7 ,north ,america's energy abundance has increased global energy supplies and reduced the price of energy for consumers in the ,united ,states and abroad4 7#c7 ,allies and trading partners of the ,united ,states1 including in ,europe and ,asia1 are seeking stable and affordable energy supplies from ,north ,america to enhance their energy security4 7#d7 ,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 integrated1 secure1 and competitive ,north ,american energy system4 7#e7 ,the ,united ,states also has an opportunity to promote such objectives by supporting the free flow of energy commodities and more open1 transparent1 and competitive global energy markets1 and through greater ,federal agency coordination relating to regulations or agency actions that significantly affect the supply1 distribution1 or use of energy4 #bjjb4 ,energy security valuation 7a7 ,establishment of ,energy ,security ,valuation ,methods ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit1 after public notice and comment1 to the ,committee on ,energy and ,commerce1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,foreign ,relations of the ,senate a report that develops recommended ,united ,states energy security valuation methods4 ,in developing the report1 the ,secretaries may consider the recommendations of the ,administration's ,quadrennial ,energy ,review released on ,april #ba1 #bjae4 ,the report shall-- 7#a7 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 partners2 7#b7 identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that significantly affect the supply1 distribution1 transportation1 or use of energy are evaluated with respect to their potential impact on energy security1 including their impact on-- 7,a7 consumers and the economy2 7,b7 energy supply diversity and resiliency2 7,c7 well-functioning and competitive energy markets2 7,d7 ,united ,states trade balance2 and 7,e7 national security objectives2 and 7#c7 include a recommended implementation strategy that identifies and aims to ensure that the procedures and criteria referred to in paragraph 7#b7 are-- 7,a7 evaluated consistently across the ,federal ,government2 and 7,b7 weighed appropriately and balanced with environmental considerations required by ,federal law4 7b7 ,participation ,in developing the report referred to in subsection 7a71 the ,secretaries may consult with relevant ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #bjjc4 ,north ,american energy security plan 7a7 ,requirement ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 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 7b74 7b7 ,purpose ,the plan referred to in subsection 7a7 shall include-- 7#a7 a recommended framework and implementation strategy to-- 7,a7 improve planning and coordination with ,canada and ,mexico to enhance energy integration1 strengthen ,north ,american energy security1 and promote efficiencies in the exploration1 production1 storage1 supply1 distribution1 marketing1 pricing1 and regulation of ,north ,american energy resources2 and 7,b7 address-- 7i7 ,north ,american energy public data1 statistics1 and mapping collaboration2 7ii7 responsible and sustainable best practices for the development of unconventional oil and natural gas2 and 7iii7 modern1 resilient energy infrastructure for ,north ,america1 including physical infrastructure as well as institutional infrastructure such as policies1 regulations1 and practices relating to energy development2 and 7#b7 a recommended framework and implementation strategy to improve collaboration with ,caribbean and ,central ,american partners on energy security1 including actions to support-- 7,a7 more open1 transparent1 and competitive energy markets2 7,b7 regulatory capacity building2 7,c7 improvements to energy transmission and storage2 and 7,d7 improvements to the performance of energy infrastructure and efficiency4 7c7 ,participation ,in developing the plan referred to in subsection 7a71 the ,secretaries may consult with other ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #bjjd4 ,collective energy security 7a7 ,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 ,states1 including through actions that support or facilitate-- 7#a7 energy diplomacy2 7#b7 the delivery of ,united ,states assistance1 including energy resources and technologies1 to prevent or mitigate an energy security crisis2 7#c7 the development of environmentally and commercially sustainable energy resources2 7#d7 open1 transparent1 and competitive energy markets2 and 7#e7 regulatory capacity building4 7b7 ,energy ,security ,forums ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall convene not less than #b forums to promote the collective energy security of the ,united ,states and its allies and trading partners4 ,the forums shall include participation by the ,secretary of ,energy and the ,secretary of ,state4 ,in addition1 an invitation shall be extended to-- 7#a7 appropriate representatives of foreign governments that are allies or trading partners of the ,united ,states2 and 7#b7 independent experts and industry representatives4 7c7 ,requirements ,the forums shall-- 7#a7 consist of at least #a ,trans-,atlantic and #a ,trans-,pacific energy security forum2 7#b7 be designed to foster dialogue among government officials1 independent experts1 and industry representatives regarding-- 7,a7 the current state of global energy markets2 7,b7 trade and investment issues relevant to energy2 and 7,c7 barriers to more open1 competitive1 and transparent energy markets2 and 7#c7 be recorded and made publicly available on the ,department of ,energy's website1 including1 not later than #cj days after each forum1 publication on the website any significant outcomes4 7d7 ,notification ,at least #cj days before each of the forums referred to in subsection 7b71 the ,secretary of ,energy shall send a notification regarding the forum to-- 7#a7 the chair and the ranking minority member of the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#b7 the chair and ranking minority member of the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate4 #bjje4 ,authorization to export natural gas 7a7 ,decision deadline ,for proposals that must also obtain authorization from the ,federal ,energy ,regulatory ,commission or the ,united ,states ,maritime ,administration to site1 construct1 expand1 or operate ,,lng export facilities1 the ,department of ,energy shall issue a final decision on any application for the authorization to export natural gas under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 not later than #cj days after the later of-- 7#a7 the conclusion of the review to site1 construct1 expand1 or operate the ,,lng facilities required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7#b7 the date of enactment of this ,act4 7b7 ,conclusion of review ,for purposes of subsection 7a71 review required by the ,national ,environmental ,policy ,act of #aifi shall be considered concluded-- 7#a7 for a project requiring an ,environmental ,impact ,statement1 #cj days after publication of a ,final ,environmental ,impact ,statement2 7#b7 for a project for which an ,environmental ,assessment has been prepared1 #cj days after publication by the ,department of ,energy of a ,finding of ,no ,significant ,impact2 and 7#c7 upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to ,national ,environmental ,policy ,act of #aifi implementing regulations4 7c7 ,public disclosure of export destinations ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,public ,disclosure of ,,lng ,export ,destinations ,as a condition for approval of any authorization to export ,,lng1 the ,secretary of ,energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized ,,lng exports4 4 #bjjf4 ,environmental review for energy export facilities ,notwithstanding any other provision of law1 including any other provision of this ,act and any amendment made by this ,act1 to the extent that the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies to the issuance of a permit for the construction1 operation1 or maintenance of a facility for the export of bulk commodities1 no such permit may be denied until each applicable ,federal agency has completed all reviews required for the facility under such ,act4 #bjjg4 ,authorization of cross-border infrastructure projects 7a7 ,finding ,congress finds that the ,united ,states should establish a more uniform1 transparent1 and modern process for the construction1 connection1 operation1 and maintenance of pipelines and electric transmission facilities for the import and export of liquid products1 including water and petroleum1 and natural gas and the transmission of electricity to and from ,canada and ,mexico4 7b7 ,authorization of certain infrastructure projects at the national boundary of the united states 7#a7 ,requirement ,no person may construct1 connect1 operate1 or maintain a cross-border segment of a pipeline or electric transmission facility for the import or export of liquid products or natural gas1 or the transmission of electricity1 to or from ,canada or ,mexico without obtaining a certificate of crossing for such construction1 connection1 operation1 or maintenance under this subsection4 7#b7 ,certificate of crossing 7,a7 ,issuance 7i7 ,in general ,not later than #abj days after final action is taken under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a cross-border segment described in paragraph 7#a71 the relevant official identified under subparagraph 7,b71 in consultation with appropriate ,federal agencies1 shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction1 connection1 operation1 or maintenance of the cross-border segment is not in the public interest of the ,united ,states4 7ii7 ,natural gas ,for the purposes of natural gas pipelines1 a finding with respect to the public interest under section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a77 shall serve as a finding under clause 7i7 of this subparagraph4 7,b7 ,relevant official ,the relevant official referred to in subparagraph 7,a7 is-- 7i7 the ,secretary of ,state with respect to liquid pipelines2 7ii7 the ,federal ,energy ,regulatory ,commission with respect to natural gas pipelines2 and 7iii7 the ,secretary of ,energy with respect to electric transmission facilities4 7,c7 ,additional requirement for electric transmission facilities ,the ,secretary of ,energy shall require1 as a condition of issuing a certificate of crossing for an electric transmission facility1 that the cross-border segment be constructed1 connected1 operated1 or maintained consistent with all applicable policies and standards of-- 7i7 the ,electric ,reliability ,organization and the applicable regional entity2 and 7ii7 any ,regional ,transmission ,organization or ,independent ,system ,operator with operational or functional control over the cross-border segment of the electric transmission facility4 7#c7 ,modifications to existing projects ,no certificate of crossing shall be required under this subsection for a change in ownership1 volume expansion1 downstream or upstream interconnection1 or adjustment to maintain flow 7such as a reduction or increase in the number of pump or compressor stations7 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 boundary4 7#d7 ,effect of other laws ,nothing in this subsection shall affect the application of any other ,federal statute 7including the ,natural ,gas ,act and the ,energy ,policy and ,conservation ,act7 to a project for which a certificate of crossing is sought under this subsection4 7c7 ,importation or exportation of natural gas to ,canada and ,mexico ,section #c7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7c77 is amended by adding at the end the following3 ,in the case of an application for the importation or exportation of natural gas to or from ,canada or ,mexico1 the ,commission shall grant the application not later than #cj days after the date of receipt of the complete application44 7d7 ,transmission of electric energy to ,canada and ,mexico 7#a7 ,repeal of requirement to secure order ,section #bjb7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7e77 is repealed4 7#b7 ,conforming amendments 7,a7 ,state regulations ,section #bjb7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7f77 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 #bjb7;e74 7,b7 ,seasonal diversity electricity exchange ,section #fjb7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #hbd;a-#d7;b77 is amended by striking the ,commission has conducted hearings and made the findings required under section #bjb7;e7 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 ,secretary4 7e7 ,effective date2 rulemaking deadlines 7#a7 ,effective date ,subsections 7b7 through 7d71 and the amendments made by such subsections1 shall take effect on ,january #bj1 #bjag4 7#b7 ,rulemaking deadlines ,each relevant official described in subsection 7b77#b77;,b7 shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 publish in the ,federal ,register notice of a proposed rulemaking to carry out the applicable requirements of subsection 7b72 and 7,b7 not later than #a year after the date of enactment of this ,act1 publish in the ,federal ,register a final rule to carry out the applicable requirements of subsection 7b74 7f7 ,definitions ,in this section-- 7#a7 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 ,mexico2 7#b7 the terms ,electric ,reliability ,organization and regional entity have the meanings given those terms in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo72 7#c7 the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif72 7#d7 the term liquid includes water1 petroleum1 petroleum product1 and any other substance that flows through a pipeline other than natural gas2 and 7#e7 the term natural gas has the meaning given that term in section #b of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;a74 #bjjh4 ,report on smart meter security concerns ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall transmit to ,congress a report on the weaknesses in currently available smart meters' security architecture and features1 including an absence of event logging1 as described in the ,government ,accountability ,office testimony entitled ,critical ,infrastructure ,protection3 ,cybersecurity of the ,nation's ,electricity ,grid ,requires ,continued ,attention on ,october #ba1 #bjae4 ,,iii ,energy ,efficiency and ,accountability ,a ,energy ,efficiency #a ,federal ,agency ,energy ,efficiency #caaa4 ,energy-efficient and energy-saving information technologies 7a7 ,amendment ,subtitle ,c of title ,v of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affa7 is amended by adding at the end the following3 #ecj4 ,energy-efficient and energy-saving information technologies 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this section1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7that includes best practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies1 taking into consideration the performance goals established under subsection 7d74 7c7 ,administration ,in developing an implementation strategy under subsection 7b71 each ,federal agency shall consider-- 7#a7 advanced metering infrastructure2 7#b7 energy-efficient data center strategies and methods of increasing asset and infrastructure utilization2 7#c7 advanced power management tools2 7#d7 building information modeling1 including building energy management2 7#e7 secure telework and travel substitution tools2 and 7#f7 mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization4 7d7 ,performance goals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology4 7#b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals1 which shall include ,federal agency consideration of1 to the extent applicable by law1 the use of-- 7,a7 energy savings performance contracting2 and 7,b7 utility energy services contracting4 7e7 ,reports 7#a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg a description of the efforts and results of the agency under this section4 7#b7 ,,omb government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjag1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh a description of the efforts and results of ,federal agencies under this section4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #ebi the following3 ,sec4 #ecj4 ,energy-efficient and energy-saving information technologies4 4 #caab4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b77#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 7#b7 by striking subsection 7b77#c72 and 7#c7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information available4 ,in such collaboration1 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7#a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 such as representatives of hardware manufacturers1 data center operators1 and facility managers2 7#b7 obtain and address input from ,department of ,energy ,national ,laboratories or any college1 university1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7#c7 follow-- 7,a7 commonly accepted procedures for the development of specifications2 and 7,b7 accredited standards development processes2 and 7#d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study ,the ,secretary1 in collaboration with the ,administrator1 shall1 not later than #ah months after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae1 make available to the public an update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency published on ,august #b1 #bjjg1 under section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj71 that provides-- 7#a7 a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from #bjjh through #bjae2 7#b7 an analysis considering the impact of information technologies1 including virtualization and cloud computing1 in the public and private sectors2 7#c7 an evaluation of the impact of the combination of cloud platforms1 mobile devices1 social media1 and big data on data center energy usage2 7#d7 an evaluation of water usage in data centers and recommendations for reductions in such water usage2 and 7#e7 updated projections and recommendations for best practices through fiscal year #bjbj4 7f7 ,data center energy practitioner program ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 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 centers4 ,each ,federal agency shall consider having the data centers of the agency evaluated every #d years1 in accordance with section #edc7;f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec71 by energy practitioners certified pursuant to such program4 7g7 ,open data initiative ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall establish an open data initiative for ,federal data center energy usage data1 with the purpose of making such data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 ,in establishing the initiative1 the ,secretary shall consider the use of the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,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 section4 4 #caac4 ,report on energy and water savings potential from thermal insulation 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with appropriate ,federal agencies and relevant stakeholders1 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 buildings1 and the return on investment of installing such insulation4 7b7 ,contents ,the report shall include-- 7#a7 an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water2 and 7#b7 a summary of energy and water savings1 including short-term and long-term 7#bj years7 projections of such savings4 #caad4 ,battery storage report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall transmit to ,congress a report on the potential of battery energy storage that answers the following questions3 7#a7 ,how do existing ,federal standards impact the development and deployment of battery storage systems8 7#b7 ,what are the benefits of using existing battery storage technology1 and what challenges exist to their widespread use8 ,what are some examples of existing battery storage projects providing these benefits8 7#c7 ,what potential impact could large-scale battery storage and behind-the-meter battery storage have on renewable energy utilization8 7#d7 ,what is the potential of battery technology for grid-scale use nationwide8 ,what is the potential impact of battery technology on the national grid capabilities8 7#e7 ,how much economic activity associated with large-scale and behind-the-meter battery storage technology is located in the ,united ,states8 ,how many jobs do these industries account for8 7#f7 ,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-users8 #caae4 ,federal purchase requirement 7a7 ,definitions ,section #bjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means electric energy1 or thermal energy if resulting from a thermal energy project placed in service after ,december #ca1 #bjad1 generated from1 or avoided by1 solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 municipal solid waste 7in accordance with subsection 7e771 qualified waste heat resource1 or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project4 7#c7 ,qualified waste heat resource ,the term qualified waste heat resource means-- 7,a7 exhaust heat or flared gas from any industrial process2 7,b7 waste gas or industrial tail gas that would otherwise be flared1 incinerated1 or vented2 7,c7 a pressure drop in any gas for an industrial or commercial process2 or 7,d7 such other forms of waste heat as the ,secretary determines appropriate4 4 7b7 ,paper recycling ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended by adding at the end the following3 7e7 ,paper recycling 7#a7 ,separate collection ,for purposes of this section1 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-- 7,a7 separately collected 7within the meaning of section #bdf4aja7z7 of title #dj1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae7 from paper that is commonly recycled2 and 7,b7 processed in a way that keeps paper that is commonly recycled segregated from non-recyclable solid waste4 7#b7 ,incidental inclusion ,municipal solid waste used to generate electric energy that meets the conditions described in paragraph 7#a7 shall be considered renewable energy even if the municipal solid waste contains incidental commonly recycled paper4 7#c7 ,no effect on existing processes ,nothing in paragraph 7#a7 shall be interpreted to require a ,state or political subdivision of a ,state1 directly or indirectly1 to change the systems1 processes1 or equipment it uses to collect1 treat1 dispose of1 or otherwise use municipal solid waste1 within the meaning of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 nor require a change to the regulations that implement subtitle ,d of such ,act 7#db ,u4,s4,c4 #fida et seq474 4 #caaf4 ,energy performance requirement for ,federal buildings ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,energy performance requirement for federal buildings 7#a7 ,requirement ,subject to paragraph 7#b71 each agency shall apply energy conservation measures to1 and shall improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal years #bjjf through #bjag is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal year #bjjc1 by the percentage specified in the following table3 ,percentage ,fiscal ,year,reduction #bjjfb #bjjgd #bjjhi #bjjiab #bjajae #bjaaah #bjabba #bjacbd #bjadbg #bjaecj #bjafcc #bjagcf4 7#b7 ,exclusion for buildings with energy intensive activities 7,a7 ,in general ,an agency may exclude from the requirements of paragraph 7#a7 any building 7including the associated energy consumption and gross square footage7 in which energy intensive activities are carried out4 7,b7 ,reports ,each agency shall identify and list in each report made under section #edh7;a7 the buildings designated by the agency for exclusion under subparagraph 7,a74 7#c7 ,review ,not later than ,december #ca1 #bjag1 the ,secretary shall-- 7,a7 review the results of the implementation of the energy performance requirements established under paragraph 7#a72 and 7,b7 based on the review conducted under subparagraph 7,a71 submit to ,congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to1 and improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in each of fiscal years #bjah through #bjcj is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in the prior fiscal year1 by #c percent4 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,f71 7,g71 and 7,h71 respectively2 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,ongoing commissioning ,the term ongoing commissioning means an ongoing process of commissioning using monitored data1 the primary goal of which is to ensure continuous optimum performance of a facility1 in accordance with design or operating needs1 over the useful life of the facility1 while meeting facility occupancy requirements4 2 7,b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,energy management system ,an energy manager designated under subparagraph 7,a7 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 #ejjja and entitled ,energy ,management ,systems4 2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,energy and water evaluations and commissioning 7,a7 ,evaluations ,except as provided in subparagraph 7,b71 effective beginning on the date that is #ahj days after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae1 and annually thereafter1 each energy manager shall complete1 for each calendar year1 a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately #be percent of the facilities of that energy manager's agency that meet the criteria under paragraph 7#b77;,b7 in a manner that ensures that an evaluation of each facility is completed at least once every #d years4 7,b7 ,exceptions ,an evaluation and recommissioning or recommissioning shall not be required under subparagraph 7,a7 with respect to a facility that-- 7i7 has had a comprehensive energy and water evaluation during the #h-year period preceding the date of the evaluation2 7ii7 7,i7 has been commissioned1 recommissioned1 or retrocommissioned during the #aj-year period preceding the date of the evaluation2 or 7,,ii7 is under ongoing commissioning1 recommissioning1 or retrocommissioning2 7iii7 has not had a major change in function or use since the previous evaluation and commissioning1 recommissioning1 or retrocommissioning2 7iv7 has been benchmarked with public disclosure under paragraph 7#h7 within the year preceding the evaluation2 and 7v7 7,i7 based on the benchmarking1 has achieved at a facility level the most recent cumulative energy savings target under subsection 7a7 compared to the earlier of-- 7aa7 the date of the most recent evaluation2 or 7bb7 the date-- 7,,aa7 of the most recent commissioning1 recommissioning1 or retrocommissioning2 or 7,,bb7 on which ongoing commissioning1 recommissioning1 or retrocommissioning began2 or 7,,ii7 has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause 7,i74 7#d7 ,implementation of identified energy and water efficiency measures 7,a7 ,in general ,not later than #b years after the date of completion of each evaluation under paragraph 7#c71 each energy manager may-- 7i7 implement any energy- or water-saving measure that the ,federal agency identified in the evaluation conducted under paragraph 7#c7 that is life-cycle cost effective2 and 7ii7 bundle individual measures of varying paybacks together into combined projects4 7,b7 ,measures not implemented ,each energy manager1 as part of the certification system under paragraph 7#g7 and using guidelines developed by the ,secretary1 shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph 7,a77i7 that have not been implemented4 2 and 7,d7 in paragraph 7#g77;,c71 by adding at the end the following3 7iii7 ,summary report ,the ,secretary shall make publicly available a report that summarizes the information tracked under subparagraph 7,b77i7 by each agency and1 as applicable1 by each type of measure4 4 #caag4 ,federal building energy efficiency performance standards2 certification system and level for ,federal buildings 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 in paragraph 7#f71 by striking to be constructed and inserting constructed or altered2 and 7#b7 by adding at the end the following3 7#ag7 ,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 buildings1 based on criteria to be established by the ,secretary through notice and comment rulemaking4 4 7b7 ,federal building efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking 7#c77;,a7 ,not later than and all that follows through the end of subparagraph 7,b7 and inserting the following3 7#c7 ,revised ,federal building energy efficiency performance standards2 certification for green buildings 7,a7 ,revised ,federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae1 the ,secretary shall establish1 by rule1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 new ,federal buildings and alterations and additions to existing ,federal buildings-- 7aa7 meet or exceed the most recent revision of the ,,iecc 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae2 and 7bb7 meet or exceed the energy provisions of ,state and local building codes applicable to the building1 if the codes are more stringent than the ,,iecc or ,,ashrae ,standard #ij4a1 as applicable2 7,,ii7 unless demonstrated not to be life-cycle cost effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings be designed to achieve energy consumption levels that are at least #cj percent below the levels established in the version of the ,,ashrae ,standard or the ,,iecc1 as appropriate1 that is applied under subclause 7,i77aa71 including updates under subparagraph 7,b72 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,iii7 if water is used to achieve energy efficiency1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective2 and 7,,iv7 if life-cycle cost effective1 as compared to other reasonably available technologies1 not less than #cj 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 heaters4 7ii7 ,limitation ,clause 7i77,i7 shall not apply to unaltered portions of existing ,federal buildings and systems that have been added to or altered4 7,b7 ,updates ,not later than #a year after the date of approval of each subsequent revision of ,,ashrae ,standard #ij4a or the ,,iecc1 as appropriate1 the ,secretary shall determine whether the revised standards established under subparagraph 7,a7 should be updated to reflect the revisions1 based on the energy savings and life-cycle cost effectiveness of the revisions4 2 7,b7 in subparagraph 7,c71 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking 7,d7 ,not later than and all that follows through the end of the first sentence of clause 7i77,,iii7 and inserting the following3 7,d7 ,certification for green buildings 7i7 ,in general 2 7ii7 by striking clause 7ii72 7iii7 in clause 7iii71 by striking 7iii7 ,in identifying and inserting the following3 7ii7 ,considerations ,in identifying 2 7iv7 in clause 7iv7-- 7,i7 by striking 7iv7 ,at least once and inserting the following3 7iii7 ,study ,at least once 2 and 7,,ii7 by striking clause 7iii7 and inserting clause 7ii72 7v7 in clause 7v7-- 7,i7 by striking 7v7 ,the ,secretary may and inserting the following3 7iv7 ,internal certification processes ,the ,secretary may 2 and 7,,ii7 by striking clause 7i77,,iii7 each place it appears and inserting clause 7i72 7vi7 in clause 7vi7-- 7,i7 by striking 7vi7 ,with respect and inserting the following3 7v7 ,privatized military housing ,with respect 2 and 7,,ii7 by striking develop alternative criteria to those established by subclauses 7,i7 and 7,,iii7 of clause 7i7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and and inserting develop alternative certification systems and levels than the systems and levels identified under clause 7i7 that achieve an equivalent result in terms of2 and 7vii7 in clause 7vii71 by striking 7vii7 ,in addition to and inserting the following3 7vi7 ,water conservation technologies ,in addition to 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 every #e years1 review the ,federal building energy standards established under this section2 and 7#b7 on completion of a review under paragraph 7#a71 if the ,secretary determines that significant energy savings would result1 upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified4 4 #caah4 ,operation of battery recharging stations in parking areas used by ,federal employees 7a7 ,authorization 7#a7 ,in general ,the head of any office of the ,federal ,government which owns or operates a parking area for the use of its employees 7either directly or indirectly through a contractor7 may install1 construct1 operate1 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 area4 7#b7 ,use of vendors ,the head of an office may carry out paragraph 7#a7 through a contract with a vendor1 under such terms and conditions 7including terms relating to the allocation between the office and the vendor of the costs of carrying out the contract7 as the head of the office and the vendor may agree to4 7b7 ,imposition of ,fees ,to ,cover ,costs 7#a7 ,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 installing1 constructing1 operating1 and maintaining the station4 7#b7 ,deposit and availability of fees ,any fees collected by the head of an office under this subsection shall be-- 7,a7 deposited monthly in the ,treasury to the credit of the appropriations account for salaries and expenses of the office2 and 7,b7 available for obligation without further appropriation during-- 7i7 the fiscal year collected2 and 7ii7 the fiscal year following the fiscal year collected4 7c7 ,no ,effect on ,existing ,programs for ,house and ,senate ,nothing in this section may be construed to affect the installation1 construction1 operation1 or maintenance of battery recharging stations by the ,architect of the ,capitol-- 7#a7 under ,public ,law #aab-agj 7#b ,u4,s4,c4 #baga71 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 ,grounds2 or 7#b7 under ,public ,law #aab-afg 7#b ,u4,s4,c4 #bagj71 relating to employees of the ,senate and individuals authorized to park in any parking area under the jurisdiction of the ,senate on the ,capitol ,grounds4 7d7 ,effective date ,this section shall apply with respect to fiscal year #bjaf and each succeeding fiscal year4 #caai4 ,report on ,energy ,savings and ,greenhouse ,gas ,emissions ,reduction from ,conversion of ,captured ,methane to ,energy 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with appropriate ,federal agencies and relevant stakeholders1 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 lands1 ,federal buildings1 and relevant municipalities that use such generation1 and the return on investment and reduction in greenhouse gas emissions of utilizing such power generation4 7b7 ,contents ,the report shall include-- 7#a7 a summary of energy performance and savings resulting from the utilization of such power generation1 including short-term and long-term 7#bj years7 projections of such savings2 and 7#b7 an analysis of the reduction in greenhouse emissions resulting from the utilization of such power generation4 #b ,energy ,efficient ,technology and ,manufacturing #caba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels ,section #cbd7;a77#b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid7;a77#b77 is amended by adding the following at the end3 7,j7 ,smart grid capability on energy guide labels 7i7 ,rule ,not later than #a year after the date of enactment of this subparagraph1 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-- 7,i7 ,smart ,grid capability is a feature of that product2 7,,ii7 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 customer2 and 7,,iii7 on a utility system with ,smart ,grid capability1 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 capability4 7ii7 ,deadline ,not later than #c years after the date of enactment of this subparagraph1 the ,commission shall complete the rulemaking initiated under clause 7i74 4 #cabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products ,section #cbf7;b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbif7;b77 is amended by adding at the end the following3 7#f7 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products 7,a7 ,reliance on voluntary programs ,for the purpose of verifying compliance with energy conservation standards established under sections #cbe and #cdb for covered products described in paragraphs 7#c71 7#d71 7#e71 7#i71 and 7#aa7 of section #cbb7;a7 and covered equipment described in subparagraphs 7,b71 7,c71 7,d71 7,f71 7,i71 7,j71 and 7,k7 of section #cdj7a71 the ,secretary shall rely on testing conducted by recognized voluntary verification programs that are recognized by the ,secretary in accordance with subparagraph 7,b74 7,b7 ,recognition of voluntary verification programs 7i7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary shall initiate a negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij7 to develop criteria that have consensus support for achieving recognition by the ,secretary as an approved voluntary verification program4 ,any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code4 7ii7 ,minimum requirements ,the criteria developed under clause 7i7 shall1 at a minimum1 ensure that a voluntary verification program-- 7,i7 is nationally recognized2 7,,ii7 is operated by a third party and not directly operated by a program participant2 7,,iii7 satisfies any applicable elements of-- 7aa7 ,international ,organization for ,standardization standard numbered #agjbe2 and 7bb7 any other relevant ,international ,organization for ,standardization standards identified and agreed to through the negotiated rulemaking under clause 7i72 7,,iv7 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 program2 7,v7 maintains a publicly available list of all ratings of products subject to verification2 7,,vi7 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 ,secretary2 7,,vii7 requires new program participants to substantiate ratings through test data generated in accordance with ,department of ,energy regulations2 7,,viii7 allows for challenge testing of products and equipment within the scope of the program2 7,,ix7 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 equipment2 7,x7 provides to the ,secretary-- 7aa7 an annual report of all test results1 the contents of which shall be determined through the negotiated rulemaking process under clause 7i72 and 7bb7 test reports1 on the request of the ,secretary1 that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing2 and 7,,xi7 satisfies any additional requirements or standards that the ,secretary shall establish consistent with this subparagraph4 7iii7 ,cessation of recognition ,the ,secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph 7,a7 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 7,b74 7,c7 ,administration 7i7 ,in general ,the ,secretary shall not require-- 7,i7 manufacturers to participate in a recognized voluntary verification program described in subparagraph 7,a72 or 7,,ii7 participating manufacturers to provide information that has already been provided to the ,secretary4 7ii7 ,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 7,a74 7iii7 ,periodic verification testing ,the ,secretary-- 7,i7 shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph 7,a7 to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment2 but 7,,ii7 may require testing of products or equipment described in subclause 7,i7-- 7aa7 if the testing is necessary-- 7,,aa7 to assess the overall performance of a voluntary verification program2 7,,bb7 to address specific performance issues2 7,,cc7 for use in updating test procedures and standards2 or 7,,dd7 for other purposes consistent with this title2 or 7bb7 if such testing is agreed to during the negotiated rulemaking conducted under subparagraph 7,b74 7,d7 ,effect on other authority ,nothing in this paragraph limits the authority of the ,secretary to enforce compliance with any law4 4 #cabc4 ,facilitating consensus furnace standards 7a7 ,congressional findings and declaration of purpose 7#a7 ,findings ,congress finds that-- 7,a7 acting pursuant to the requirements of section #cbe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie71 the ,secretary of ,energy is considering amending the energy conservation standards applicable to residential nonweatherized gas furnaces and mobile home gas furnaces2 7,b7 numerous stakeholders1 representing manufacturers1 distributors1 and installers of residential nonweatherized gas furnaces and mobile home furnaces1 natural gas utilities1 home builders1 multifamily property owners1 and energy efficiency1 environmental1 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 criteria2 and 7,c7 the stakeholders believe these negotiations are likely to result in a consensus recommendation1 but several of the stakeholders do not support suspending the current rulemaking4 7#b7 ,purpose ,it is the purpose of this section to provide the stakeholders described in paragraph 7#a7 with an opportunity to continue negotiations for a limited time period to facilitate the proposal for adoption of standards that enjoy consensus support1 while not delaying the current rulemaking except to the extent necessary to provide such opportunity4 7b7 ,opportunity for a negotiated furnace standard ,section #cbe7;f77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;f77#d77 is amended by adding after subparagraph 7,d7 the following3 7,e7 7i7 ,unless the ,secretary has published such a notice prior to the date of enactment of this ,act1 the ,secretary shall publish1 not later than ,october #ca1 #bjae1 a supplemental notice of proposed rulemaking or a notice of data availability updating the proposed rule entitled ,energy ,conservation ,program for ,consumer ,products3 ,energy ,conservation ,standards for ,residential ,furnaces and published in the ,federal ,register on ,march #ab1 #bjae 7#hj ,fed4 ,reg4 #acaai71 to provide notice and an opportunity for comment on-- 7,i7 dividing nonweatherized gas furnaces into two or more product classes with separate energy conservation standards based on capacity2 and 7,,ii7 any other matters the ,secretary determines appropriate4 7ii7 ,on receipt of a statement that is submitted on or before ,january #a1 #bjaf1 jointly by interested persons that are fairly representative of relevant points of view1 that contains recommended standards for nonweatherized gas furnaces and mobile home gas furnaces that are consistent with the requirements of this part 7except that the date on which such standards will apply may be earlier or later than the date required under this part71 the ,secretary shall evaluate the standards proposed in the joint statement for consistency with the requirements of subsection 7o71 and shall publish notice of the potential adoption of the standards proposed in the joint statement1 modified as necessary to ensure consistency with subsection 7o74 ,the ,secretary shall solicit public comment for a period of at least #cj days with respect to such notice4 7iii7 ,not later than ,july #ca1 #bjaf1 but not before ,july #a1 #bjaf1 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 amended4 ,such rule shall contain any such amendments to the standards4 4 #cabd4 ,no warranty for certain certified ,energy ,star products ,section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a7 is amended by adding at the end the following new subsection3 7e7 ,no warranty 7#a7 ,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-- 7,a7 the product has been certified by a certification body recognized by the ,energy ,star program2 7,b7 the ,administrator has approved corrective measures1 including a determination of whether or not consumer compensation is appropriate2 and 7,c7 the responsible party has fully complied with all approved corrective measures4 7#b7 ,construal ,nothing in this subsection shall be construed to require the ,administrator to modify any procedure or take any other action4 4 #cabe4 ,clarification to effective date for regional standards ,section #cbe7o77#f77;,e77ii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77#f77;,e77ii77 is amended by striking installed and inserting manufactured or imported into the ,united ,states4 #cabf4 ,internet of ,things report ,the ,secretary of ,energy shall1 not later than #ah months after the date of enactment of this ,act1 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 of1 and promote1 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 feasible4 ,in doing so1 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 outset4 ,the ,secretary shall also encourage the use of ,internet of ,things solutions that enable seamless connectivity and that are interoperable1 open standards-based1 and built on a repeatable foundation for ease of scalability4 #cabg4 ,energy savings from lubricating oil ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in cooperation with the ,administrator of the ,environmental ,protection ,agency and the ,director of ,management and ,budget1 shall-- 7#a7 review and update the report prepared pursuant to section #ahch of the ,energy ,policy ,act of #bjje2 7#b7 after consultation with relevant ,federal1 ,state1 and local agencies and affected industry and stakeholder groups1 update data that was used in preparing that report2 and 7#c7 prepare and submit to ,congress a coordinated ,federal strategy to increase the beneficial reuse of used lubricating oil1 that-- 7,a7 is consistent with national policy as established pursuant to section #b of the ,used ,oil ,recycling ,act of #aihj 7,public ,law #if-dfc72 and 7,b7 addresses measures needed to-- 7i7 increase the responsible collection of used oil2 7ii7 disseminate public information concerning sustainable reuse options for used oil2 and 7iii7 promote sustainable reuse of used oil by ,federal agencies1 recipients of ,federal grant funds1 entities contracting with the ,federal ,government1 and the general public4 #cabh4 ,definition of external power supply ,section #cba7cf77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7cf77;,a77 is amended-- 7#a7 by striking the subparagraph designation and all that follows through ,the term and inserting the following3 7,a7 ,external power supply 7i7 ,in general ,the term 2 and 7#b7 by adding at the end the following3 7ii7 ,exclusion ,the term external power supply does not include a power supply circuit1 driver1 or device that is designed exclusively to be connected to1 and power-- 7,i7 light-emitting diodes providing illumination2 or 7,,ii7 organic light-emitting diodes providing illumination4 4 #cabi4 ,standards for power supply circuits connected to ,,leds or ,,oleds 7a7 ,in general ,section #cbe7u7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7u77 is amended by adding at the end the following3 7#f7 ,power supply circuits connected to leds or oleds ,notwithstanding the exclusion described in section #cba7cf77;,a77ii71 the ,secretary may prescribe1 in accordance with subsections 7o7 and 7p7 and section #cbb7;b71 an energy conservation standard for a power supply circuit1 driver1 or device that is designed primarily to be connected to1 and power1 light-emitting diodes or organic light-emitting diodes providing illumination4 4 7b7 ,energy conservation standards ,section #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcag7 is amended by adding at the end the following3 7g7 ,energy conservation standard for power supply circuits connected to ,,leds or ,,oleds ,not earlier than #a year after applicable testing requirements are prescribed under section #cdc1 the ,secretary may prescribe an energy conservation standard for a power supply circuit1 driver1 or device that is designed primarily to be connected to1 and power1 light-emitting diodes or organic light-emitting diodes providing illumination4 4 #c ,school buildings #caca4 ,coordination of energy retrofitting assistance for schools ,section #cib of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga;a7 is amended by adding at the end the following3 7e7 ,coordination of energy retrofitting assistance for schools 7#a7 ,definition of school ,notwithstanding section #cia7f71 for the purposes of this subsection1 the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,establishment of clearinghouse ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall establish a clearinghouse to disseminate information regarding available ,federal programs and financing mechanisms that may be used to help initiate1 develop1 and finance energy efficiency1 distributed generation1 and energy retrofitting projects for schools4 7#c7 ,requirements ,in carrying out paragraph 7#b71 the ,secretary shall-- 7,a7 consult with appropriate ,federal agencies to develop a list of ,federal programs and financing mechanisms that are1 or may be1 used for the purposes described in paragraph 7#b72 and 7,b7 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 7,a71 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 ,states1 local education agencies1 and schools may use to effectively access and use such ,federal programs and financing mechanisms4 4 #d ,building ,energy ,codes #cada4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb71 as amended by section #caaf1 is further amended-- 7#a7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,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 persons1 such as the ,,iecc or ,,ashrae ,standard #ij4a 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 code4 2 and 7#b7 by adding at the end the following3 7#ah7 ,,ashrae ,standard #ij4a ,the term ,,ashrae ,standard #ij4a means the ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers ,,ansi_/,,ashrae_/,,ies ,standard #ij_/a ,energy ,standard for ,buildings ,except ,low-,rise ,residential ,buildings4 7#ai7 ,cost-effective ,the term cost-effective means having a simple payback of #aj years or less4 7#bj7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code as published by the ,international ,code ,council4 7#ba7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#bb7 ,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 code4 7#bc7 ,technically feasible ,the term technically feasible means capable of being achieved1 based on widely available appliances1 equipment1 technologies1 materials1 and construction practices4 4 7b7 ,state building energy efficiency codes ,section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc7 is amended to read as follows3 #cjd4 ,updating ,state building energy efficiency codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7e71 for the purposes of-- 7#a7 implementation of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments1 that are technically feasible and cost-effective2 and 7#b7 supporting full compliance with the ,state1 tribal1 and local codes4 7b7 ,state and ,indian tribe certification of building energy code updates 7#a7 ,review and updating of codes by each ,state and ,indian tribe 7,a7 ,in general ,not later than #c years after the date on which a model building energy code is published1 each ,state or ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively4 7,b7 ,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-- 7i7 the energy savings of the most recently published model building energy code2 or 7ii7 the targets established under section #cjg7;b77#b74 7,c7 ,no model building energy code update ,if a model building energy code is not updated by a target date established under section #cjg7;b77#b77;,d71 each ,state or ,indian tribe shall1 not later than #c years after the specified date1 certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively1 to meet or exceed the target in section #cjg7;b77#b74 7#b7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the code provisions of the ,state or ,indian tribe1 respectively1 meet the criteria specified in paragraph 7#a72 7,b7 determine whether the certification submitted by the ,state or ,indian tribe1 respectively1 is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#c7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7c7 ,improvements in compliance with building energy codes 7#a7 ,requirement 7,a7 ,in general ,not later than #c years after the date of a certification under subsection 7b71 each ,state and ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state or ,indian tribe building energy code or with the associated model building energy code2 or 7ii7 made significant progress under paragraph 7#d7 toward achieving compliance with the applicable certified ,state or ,indian tribe building energy code or with the associated model building energy code4 7,b7 ,repeat certifications ,if the ,state or ,indian tribe certifies progress toward achieving compliance1 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 compliance4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 inspections of a random sample of the buildings covered by the code in the preceding year2 or 7,b7 an alternative method that yields an accurate measure of compliance4 7#c7 ,achievement of compliance ,a ,state or ,indian tribe shall be considered to achieve full compliance under paragraph 7#a7 if-- 7,a7 at least #ij percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph 7#a71 or achieves equivalent or greater energy savings level2 or 7,b7 the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph 7#a7 in the preceding year1 compared to a baseline of comparable buildings that meet this code1 is not more than #e percent of the estimated energy use of all buildings covered by this code during the preceding year4 7#d7 ,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 7#a7 if the ,state or ,indian tribe-- 7,a7 has developed and is implementing a plan for achieving compliance during the #h-year period beginning on the date of enactment of this paragraph1 including annual targets for compliance and active training and enforcement programs2 and 7,b7 has met the most recent target under subparagraph 7,a74 7#e7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the ,state or ,indian tribe has demonstrated meeting the criteria of this subsection1 including accurate measurement of compliance2 7,b7 determine whether the certification submitted by the ,state or ,indian tribe is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#f7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7d7 ,states or ,indian tribes that do not achieve compliance 7#a7 ,reporting ,a ,state or ,indian tribe that has not made a certification required under subsection 7b7 or 7c7 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 certification4 7#b7 ,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 code4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7b7 or 7c71 a local government may be eligible for ,federal support by meeting the certification requirements of subsections 7b7 and 7c74 7#d7 ,annual reports by ,secretary 7,a7 ,in general ,the ,secretary shall annually submit to ,congress1 and publish in the ,federal ,register1 a report on-- 7i7 the status of model building energy codes2 7ii7 the status of code adoption and compliance in the ,states and ,indian tribes2 7iii7 implementation of this section2 and 7iv7 improvements in energy savings over time as a result of the targets established under section #cjg7;b77#b74 7,b7 ,impacts ,the report shall include estimates of impacts of past action under this section1 and potential impacts of further action1 on-- 7i7 upfront financial and construction costs1 cost benefits and returns 7using a return on investment analysis71 and lifetime energy use for buildings2 7ii7 resulting energy costs to individuals and businesses2 and 7iii7 resulting overall annual building ownership and operating costs4 7e7 ,technical assistance to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary shall1 upon request1 provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section-- 7,a7 to implement ,state residential and commercial building energy codes2 and 7,b7 to document the rate of compliance with a building energy code4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the ,state or ,indian tribe1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 referenced in section #cjg7;b77#d71 of implementing building energy codes2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 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 codes2 and 7,g7 complying with a performance-based pathway referenced in the model code4 7#c7 ,exclusion ,for purposes of this section1 technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code1 code provision1 or energy savings target to a ,state or ,indian tribe4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to any technical assistance provided to a ,state or ,indian tribe1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7f7 ,federal support 7#a7 ,in general ,the ,secretary shall provide support to ,states and ,indian tribes-- 7,a7 to implement the reporting requirements of this section2 and 7,b7 to implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 tribal1 and local building code officials to implement and enforce the codes4 7#b7 ,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 #cjg7;g77#a77;,c7 that the code is not cost-effective4 7#c7 ,training ,support shall be offered to ,states to train ,state and local building code officials to implement and enforce codes described in paragraph 7#a77;,b74 7#d7 ,local governments ,states may work under this subsection with local governments that implement and enforce codes described in paragraph 7#a77;,b74 7g7 ,voluntary programs ,to exceed model building energy code 7#a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7e71 for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as-- 7,a7 voluntary incentive programs adopted by local1 tribal1 or ,state governments2 and 7,b7 nonbinding guidelines for energy-efficient building design4 7#b7 ,targets ,the voluntary programs described in paragraph 7#a7 shall be designed-- 7,a7 to achieve substantial energy savings compared to the model building energy codes2 and 7,b7 to meet targets under section #cjg7;b71 if available1 up to #c to #f years in advance of the target years4 7h7 ,studies 7#a7 ,,gao study 7,a7 ,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 buildings4 ,in conducting the study1 the ,comptroller ,general shall consider and report1 at a minimum-- 7i7 the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development2 7ii7 the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings2 and 7iii7 an accounting of expenditures of the ,federal funds under each program authorized by this title4 7,b7 ,report to ,congress ,not later than #c years after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae1 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 conclusions4 7#b7 ,feasibility study ,the ,secretary1 in consultation with building science experts from the ,national ,laboratories and institutions of higher education1 designers and builders of energy-efficient residential and commercial buildings1 code officials1 and other stakeholders1 shall undertake a study of the feasibility1 impact1 economics1 and merit of-- 7,a7 code improvements that would require that buildings be designed1 sited1 and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction1 as advances are achieved in energy-saving technologies2 7,b7 code procedures to incorporate a ten-year payback1 not just first-year energy use1 in trade-offs and performance calculations2 and 7,c7 legislative options for increasing energy savings from building energy codes1 including additional incentives for effective ,state and local verification of compliance with and enforcement of a code4 7#c7 ,energy data in multitenant buildings ,the ,secretary1 in consultation with appropriate representatives of the utility1 utility regulatory1 building ownership1 and other stakeholders1 shall-- 7,a7 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 uses2 and 7,b7 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 managers4 7i7 ,effect on other laws ,nothing in this section or section #cjg supersedes or modifies the application of sections #cba through #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7j7 ,funding limitations ,no ,federal funds shall be-- 7#a7 used to support actions by the ,secretary1 or ,states1 to promote or discourage the adoption of a particular building energy code1 code provision1 or energy saving target to a ,state or ,indian tribe2 or 7#b7 provided to private third parties or non-governmental organizations to engage in such activities4 4 7c7 ,federal building energy efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended by striking voluntary building energy code in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes 7#a7 ,amendment ,section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7 is amended to read as follows3 #cjg4 ,support for model building energy codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7c71 for updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall provide technical assistance1 for updating the model building energy codes4 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall provide technical assistance to ,states1 ,indian tribes1 local governments1 nationally recognized code and standards developers1 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 #eec of title #e1 ,united ,states ,code1 to achieve the purposes of this section4 7,b7 ,separate targets ,separate targets may be established for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating model building energy codes shall be the #bjji ,,iecc for residential buildings and ,,ashrae ,standard #ij4a-bjaj for commercial buildings4 7,d7 ,specific years 7i7 ,in general ,targets for specific years shall be established and revised by the ,secretary through rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 and coordinated with nationally recognized code and standards developers at a level that-- 7,i7 is at the maximum level of energy efficiency that is technically feasible and cost effective1 while accounting for the economic considerations under paragraph 7#d72 and 7,,ii7 promotes the achievement of commercial and residential high performance buildings through high performance energy efficiency 7within the meaning of section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 7ii7 ,initial targets ,not later than #a year after the date of enactment of this clause1 the ,secretary shall establish initial targets under this subparagraph4 7iii7 ,different target years ,subject to clause 7i71 prior to the applicable year1 the ,secretary may set a later target year for any of the model building energy codes described in subparagraph 7,a7 if the ,secretary determines that a target cannot be met4 7,e7 ,small business ,when establishing targets under this paragraph through rulemaking1 the ,secretary shall ensure compliance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note2 ,public ,law #ajd-aba7 for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule4 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing energy savings targets under paragraph 7#b71 the ,secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- 7,a7 efficiency gains made in appliances1 lighting1 windows1 insulation1 and building envelope sealing2 7,b7 advancement of distributed generation and on-site renewable power generation technologies2 7,c7 equipment improvements for heating1 cooling1 and ventilation systems and water heating systems2 7,d7 building management systems and smart grid technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems regarding building plug load and other energy uses4 ,in developing and adjusting the targets1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation1 and water heating systems1 using equipment that is actually installed4 7#d7 ,economic considerations ,in establishing and revising energy savings targets under paragraph 7#b71 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 owners1 by conducting a return on investment analysis1 using a simple payback methodology over a #c-1 #e-1 and #g-year period4 ,the ,secretary shall not propose or provide technical or financial assistance for any code1 provision in the code1 or energy target1 or amendment thereto1 that has a payback greater than #aj years4 7c7 ,technical assistance to model building energy code-,setting and standard development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 under subsection 7b77#d71 of code or standards proposals or revisions2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 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 codes2 7,g7 developing a performance-based pathway for compliance2 7,h7 developing model building energy codes by ,indian tribes in accordance with tribal law2 and 7,i7 code development meetings1 including through direct ,federal employee participation in committee meetings1 hearings and online communication1 voting1 and presenting research and technical or economic analyses during such meetings4 7#c7 ,exclusion ,except as provided in paragraph 7#b77;,i71 for purposes of this section1 technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code1 code provision1 or energy savings target4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to development of any energy savings targets1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7d7 ,amendment proposals 7#a7 ,in general ,the ,secretary may submit timely model building energy code amendment proposals that are technically feasible1 cost-effective1 and technology-neutral to the model building energy code-setting and standard development organizations1 with supporting evidence1 sufficient to enable the model building energy codes to meet the targets established under subsection 7b77#b74 7#b7 ,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 #ij days prior to any submittal to a code development body1 and shall be subject to a public comment period of not less than #fj days4 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 ,when calculating the costs and benefits of an amendment1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation1 and water heating systems1 using equipment that is actually installed4 7e7 ,analysis methodology ,the ,secretary shall make publicly available the entire calculation methodology 7including input assumptions and data7 used by the ,secretary to estimate the energy savings of code or standard proposals and revisions4 7f7 ,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 buildings4 7g7 ,determination 7#a7 ,revision of model building energy codes ,if the provisions of the ,,iecc or ,,ashrae ,standard #ij4a regarding building energy use are revised1 the ,secretary shall make a preliminary determination not later than #ij days after the date of the revision1 and a final determination not later than #ae months after the date of the revision1 on whether or not the revision-- 7,a7 improves energy efficiency in buildings compared to the existing ,,iecc or ,,ashrae ,standard #ij4a1 as applicable2 7,b7 meets the applicable targets under subsection 7b77#b72 and 7,c7 is technically feasible and cost-effective4 7#b7 ,codes or standards not meeting criteria 7,a7 ,in general ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a revised ,,iecc or ,,ashrae ,standard #ij4a does not meet the targets established under subsection 7b77#b71 is not technically feasible1 or is not cost-effective1 the ,secretary may at the same time provide technical assistance1 as described in subsection 7c71 to the ,international ,code ,council or ,,ashrae1 as applicable1 with proposed changes that would result in a model building energy code or standard that meets the criteria1 and with supporting evidence4 ,proposed changes submitted by the ,secretary shall be published in the ,federal ,register and made available on the ,department of ,energy website #ij days prior to any submittal to a code development body1 and shall be subject to a public comment period of not less than #fj days4 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7,b7 ,incorporation of changes 7i7 ,in general ,on receipt of the technical assistance1 as described in subsection 7c71 the ,international ,code ,council or ,,ashrae1 as applicable1 shall1 prior to the ,secretary making a final determination under paragraph 7#a71 have an additional #bgj days to accept or reject the proposed changes made by the ,secretary to the model building energy code or standard4 7ii7 ,final determination ,a final determination under paragraph 7#a7 shall be on the final revised model building energy code or standard4 7h7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets1 amendment proposals and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost-benefit analysis1 including return on investment2 7#b7 provide an opportunity for public comment on targets and supporting analysis and determinations under this section1 in accordance with section #eec of title #e1 ,united ,states ,code2 and 7#c7 provide an opportunity for public comment on amendment proposals4 7i7 ,voluntary codes and standards ,not withstanding any other provision of this section1 any model building code or standard established under this section shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 4 7#b7 ,conforming amendment ,the item relating to section #cjg in the table of contents for the ,energy ,conservation and ,production ,act is amended to read as follows3 ,sec4 #cjg4 ,support for model building energy codes4 4 #cadb4 ,voluntary nature of building asset rating program 7a7 ,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 rating1 score1 or label regarding the actual or anticipated energy usage or performance of a building shall be made available on a voluntary1 optional1 and market-driven basis4 7b7 ,disclaimer as to regulatory intent ,information disseminated by the ,secretary of ,energy regarding the program described in subsection 7a71 including any information made available by the ,secretary on a website1 shall include language plainly stating that such program is not developed or intended to be the basis for a regulatory program by a ,federal1 ,state1 local1 or municipal government body4 #e ,,epca ,technical ,corrections and ,clarifications #caea4 ,modifying product definitions 7a7 ,authority ,to modify definitions 7#a7 ,covered products ,section #cbb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbib7 is amended by adding at the end the following3 7c7 ,modifying definitions of covered products 7#a7 ,in general ,for any covered product for which a definition is provided in section #cba1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 and 7,b7 better enable improvements in the energy efficiency of the product as part of an energy using system4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered product definitions made pursuant to this subsection4 7#c7 ,procedure for modifying definition 7,a7 ,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 comment4 7,b7 ,consensus required ,any amendment to the definition of a covered product under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered products1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a covered product4 7#d7 ,effect of a modified definition 7,a7 ,in general ,for any type or class of consumer product which becomes a covered product pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered product pursuant to section #cbc and energy conservation standards pursuant to section #cbe7l72 7ii7 the ,commission may prescribe labeling rules pursuant to section #cbd if the ,commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered product in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe shall not apply to such type or class of product4 7,b7 ,applicability ,for any type or class of consumer product which ceases to be a covered product pursuant to this subsection1 the provisions of this part shall no longer apply to the type or class of consumer product4 4 7#b7 ,covered equipment ,section #cda of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcab7 is amended by adding at the end the following3 7d7 ,modifying definitions of covered equipment 7#a7 ,in general ,for any covered equipment for which a definition is provided in section #cdj1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 and 7,b7 better enable improvements in the energy efficiency of the equipment as part of an energy using system4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered equipment definitions made pursuant to this subsection4 7#c7 ,procedure for modifying definition 7,a7 ,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 comment4 7,b7 ,consensus required ,any amendment to the definition of a type of covered equipment under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered equipment1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a type of covered equipment4 7#d7 ,effect of a modified definition 7,a7 ,for any type or class of equipment which becomes covered equipment pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered equipment pursuant to section #cdc and energy conservation standards pursuant to section #cbe7l72 7ii7 the ,secretary may prescribe labeling rules pursuant to section #cdd if the ,secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered equipment in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe1 #cdb1 or #cdf shall not apply to such type or class of covered equipment4 7,b7 ,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 equipment4 4 7b7 ,conforming amendments providing for judicial review 7#a7 ,section #ccf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcjf7 is amended by striking section #cbc1 each place it appears and inserting section #cbb1 #cbc12 and 7#b7 ,section #cde7;a77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;a77#a77 is amended to read as follows3 7#a7 the references to sections #cbb1 #cbc1 #cbd1 and #cbe of this ,act shall be considered as references to sections #cda1 #cdc1 #cdd1 and #cdb of this ,act1 respectively2 4 #caeb4 ,clarifying rulemaking procedures 7a7 ,covered products ,section #cbe7p7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7p77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#c71 7#e71 and 7#f71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#a7 ,the ,secretary shall provide an opportunity for public input prior to the issuance of a proposed rule1 seeking information-- 7,a7 identifying and commenting on design options2 7,b7 on the existence of and opportunities for voluntary nonregulatory actions2 and 7,c7 identifying significant subgroups of consumers and manufacturers that merit analysis4 2 7#c7 in paragraph 7#c7 7as so redesignated by paragraph 7#a7 of this subsection7-- 7,a7 in subparagraph 7,c71 by striking and after adequate22 7,b7 in subparagraph 7,d71 by striking standard4 and inserting standard22 and 7,c7 by adding at the end the following new subparagraphs3 7,e7 whether the technical and economic analytical assumptions1 methods1 and models used to justify the standard to be prescribed are-- 7i7 justified2 and 7ii7 available and accessible for public review1 analysis1 and use2 and 7,f7 the cumulative regulatory impacts on the manufacturers of the product1 taking into account-- 7i7 other government standards affecting energy use2 and 7ii7 other energy conservation standards affecting the same manufacturers4 2 and 7#d7 by inserting after paragraph 7#c7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#d7 ,restriction on test procedure amendments 7,a7 ,in general ,any proposed energy conservation standards rule shall be based on the final test procedure which shall be used to determine compliance1 and the public comment period on the proposed standards shall conclude no sooner than #ahj days after the date of publication of a final rule revising the test procedure4 7,b7 ,exception ,the ,secretary may propose or prescribe an amendment to the test procedures issued pursuant to section #cbc 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 product1 but before the issuance of a final rule prescribing any such standard1 if-- 7i7 the amendments to the test procedure have consensus support achieved through a rulemaking conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary receives a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of the type or class of covered product1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommendation that a supplemental notice of proposed rulemaking is not necessary for the type or class of covered product4 4 7b7 ,conforming amendment ,section #cde7;b77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;b77#a77 is amended by striking section #cbe7p77#d71 and inserting section #cbe7p77#c71 7#d71 and 7#f714 #f ,energy and ,water ,efficiency #cafa4 ,smart energy and water efficiency pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a utility2 7,b7 a municipality2 7,c7 a water district2 and 7,d7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,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 7b74 7b7 ,smart energy and water efficiency pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency management pilot program in accordance with this section4 7#b7 ,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-- 7,a7 increase and improve the energy efficiency of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make significant progress in conserving water1 saving energy1 and reducing costs2 7,b7 support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water2 and 7,c7 improve energy and water conservation1 water quality1 and predictive maintenance of energy and water systems1 through the use of ,internet-connected technologies1 including sensors1 intelligent gateways1 and security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the pilot program to not less than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the pilot program1 the ,secretary shall consider-- 7i7 energy and cost savings anticipated to result from the project2 7ii7 the innovative nature1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors1 software1 hardware1 analytics1 and management tools2 7iv7 the anticipated cost effectiveness of the pilot project in terms of energy efficiency savings1 water savings or reuse1 and infrastructure costs averted2 7v7 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 scale1 including whether the technology can be implemented by each type of eligible entity2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology is sourced from a manufacturer based in the ,united ,states2 and 7viii7 whether the project will be completed in #e years or less4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the pilot program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 7,v7 the names of the project lead organization and any partners2 7,,vi7 the number of users to be served by the project2 and 7,,vii7 any other information that the ,secretary determines to be necessary to complete the review and selection of a grant recipient4 7#d7 ,administration 7,a7 ,in general ,not later than #cjj days after the date of enactment of this ,act1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations ,the ,secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- 7i7 evaluates the progress and impact of the project2 and 7ii7 assesses the degree to which the project is meeting the goals of the pilot program4 7,c7 ,technical and policy assistance ,on the request of a grant recipient1 the ,secretary shall provide technical and policy assistance to the grant recipient to carry out the project4 7,d7 ,best practices ,the ,secretary shall make available to the public-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to congress ,the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under subparagraph 7,b74 7c7 ,funding ,to carry out this section1 the ,secretary is authorized to use not more than #ae1jjj1jjj1 to the extent provided in advance in appropriation ,acts4 #cafb4 ,water,sense 7a7 ,in general ,the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbja et seq47 is amended by adding after section #cbd;,a the following3 #cbd;,b4 ,water,sense 7a7 ,water,sense 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a voluntary program1 to be entitled ,water,sense1 to identify water efficient products1 buildings1 landscapes1 facilities1 processes1 and services that sensibly-- 7,a7 reduce water use2 7,b7 reduce the strain on public and community water systems and wastewater and stormwater infrastructure2 7,c7 conserve energy used to pump1 heat1 transport1 and treat water2 and 7,d7 preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications about1 products1 buildings1 landscapes1 facilities1 processes1 and services while still meeting strict performance criteria4 7#b7 ,duties ,the ,administrator1 coordinating as appropriate with the ,secretary of ,energy1 shall-- 7,a7 establish-- 7i7 a ,water,sense label to be used for items meeting the certification criteria established in this section2 and 7ii7 the procedure1 including the methods and means1 by which an item may be certified to display the ,water,sense label2 7,b7 conduct a public awareness education campaign regarding the ,water,sense label2 7,c7 preserve the integrity of the ,water,sense label by-- 7i7 establishing and maintaining feasible performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7ii7 overseeing ,water,sense certifications made by third parties2 7iii7 using testing protocols1 from the appropriate1 applicable1 and relevant consensus standards1 for the purpose of determining standards compliance2 and 7iv7 auditing the use of the ,water,sense label in the marketplace and preventing cases of misuse2 and 7,d7 not more often than every six years1 review and1 if appropriate1 update ,water,sense criteria for the defined categories of water-efficient product1 building1 landscape1 process1 or service1 including-- 7i7 providing reasonable notice to interested parties and the public of any such changes1 including effective dates1 and an explanation of the changes2 7ii7 soliciting comments from interested parties and the public prior to any such changes2 7iii7 as appropriate1 responding to comments submitted by interested parties and the public2 and 7iv7 providing an appropriate transition time prior to the applicable effective date of any such changes1 taking into account the timing necessary for the manufacture1 marketing1 training1 and distribution of the specific water-efficient product1 building1 landscape1 process1 or service category being addressed4 7b7 ,use of science ,in carrying out this section1 and1 to the degree that an agency action is based on science1 the ,administrator shall use-- 7#a7 the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices2 and 7#b7 data collected by accepted methods or best available methods 7if the reliability of the method and the nature of the decision justify use of the data74 7c7 ,distinction of authorities ,in setting or maintaining standards for ,energy ,star pursuant to section #cbd;,a1 and ,water,sense under this section1 the ,secretary and ,administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs4 7d7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,feasible ,the term feasible means feasible with the use of the best technology1 treatment techniques1 and other means that the ,administrator finds1 after examination for efficacy under field conditions and not solely under laboratory conditions1 are available 7taking cost into consideration74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,water-efficient product1 building1 landscape1 process1 or service ,the term water-efficient product1 building1 landscape1 process1 or service means a product1 building1 landscape1 process1 or service for a residence or a commercial or institutional building1 or its landscape1 that is rated for water efficiency and performance1 the covered categories of which are-- 7,a7 irrigation technologies and services2 7,b7 point-of-use water treatment devices2 7,c7 plumbing products2 7,d7 reuse and recycling technologies2 7,e7 landscaping and gardening products1 including moisture control or water enhancing technologies2 7,f7 xeriscaping and other landscape conversions that reduce water use2 and 7,g7 new water efficient homes certified under the ,water,sense program4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #db ,u4,s4,c4 #fbja et seq47 is amended by inserting after the item relating to section #cbd;,a the following new item3 ,sec4 #cbd;,b4 ,water,sense4 4 ,b ,accountability #a ,market ,manipulation1 ,enforcement1 and ,compliance #cbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended to read as follows3 #cai4 ,office of ,compliance ,assistance and ,public ,participation 7a7 ,establishment ,there is established within the ,commission an ,office of ,compliance ,assistance and ,public ,participation 7referred to in this section as the ,office74 ,the ,office shall be headed by a ,director4 7b7 ,duties of ,director 7#a7 ,in general ,the ,director of the ,office shall promote improved compliance with ,commission rules and orders by-- 7,a7 making recommendations to the ,commission regarding-- 7i7 the protection of consumers2 7ii7 market integrity and support for the development of responsible market behavior2 7iii7 the application of ,commission rules and orders in a manner that ensures that-- 7,i7 rates and charges for1 or in connection with1 the transmission or sale of electric energy subject to the jurisdiction of the ,commission shall be just and reasonable and not unduly discriminatory or preferential2 and 7,,ii7 markets for such transmission and sale of electric energy are not impaired and consumers are not damaged2 and 7iv7 the impact of existing and proposed ,commission rules and orders on small entities1 as defined in section #fja of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act72 7,b7 providing entities subject to regulation by the ,commission the opportunity to obtain timely guidance for compliance with ,commission rules and orders2 and 7,c7 providing information to the ,commission and ,congress to inform policy with respect to energy issues under the jurisdiction of the ,commission4 7#b7 ,reports and guidance ,the ,director shall1 as the ,director determines appropriate1 issue reports and guidance to the ,commission and to entities subject to regulation by the ,commission1 regarding market practices1 proposing improvements in ,commission monitoring of market practices1 and addressing potential improvements to both industry and ,commission practices4 7#c7 ,outreach ,the ,director shall promote improved compliance with ,commission rules and orders through outreach1 publications1 and1 where appropriate1 direct communication with entities regulated by the ,commission4 4 #b ,market ,reforms #cbba4 ,,gao study on wholesale electricity markets 7a7 ,study and report ,not later than #a year after the date of enactment of this ,act1 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 rules1 practices1 and structures of each regional transmission entity produce rates that are just and reasonable by-- 7#a7 facilitating fuel diversity1 the availability of generation resources during emergency and severe weather conditions1 resource adequacy1 and reliability1 including the cost-effective retention and development of needed generation2 7#b7 promoting the equitable treatment of business models1 including different utility types1 the integration of diverse generation resources1 and advanced grid technologies2 7#c7 identifying and addressing regulatory barriers to entry1 market-distorting incentives1 and artificial constraints on competition2 7#d7 providing transparency regarding dispatch decisions1 including the need for out-of-market actions and payments1 and the accuracy of day-ahead unit commitments2 7#e7 facilitating the development of necessary natural gas pipeline and electric transmission infrastructure2 7#f7 ensuring fairness and transparency in governance structures and stakeholder processes1 including meaningful participation by both voting and nonvoting stakeholder representatives2 7#g7 ensuring the proper alignment of the energy and transmission markets by including both energy and financial transmission rights in the day-ahead markets2 7#h7 facilitating the ability of load-serving entities to self-supply their service territory load2 7#i7 considering1 as appropriate1 ,state and local resource planning2 and 7#aj7 mitigating1 to the extent practicable1 the disruptive effects of tariff revisions on the economic decisionmaking of market participants4 7b7 ,definitions ,in this section3 7#a7 ,load-serving entity ,the term load-serving entity has the meaning given that term in section #bag of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq74 7#b7 ,regional transmission entity ,the term regional transmission entity means a ,regional ,transmission ,organization or an ,independent ,system ,operator1 as such terms are defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #cbbb4 ,clarification of facility merger authorization ,section #bjc7;a77#a77;,b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;b7a77#a77;,b77 is amended by striking such facilities or any part thereof and inserting such facilities1 or any part thereof1 of a value in excess of #aj1jjj1jjj4 #c ,code ,maintenance #cbca4 ,repeal of off-highway motor vehicles study 7a7 ,repeal ,part ,i of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hga7 is amended-- 7#a7 by striking the item relating to part ,i of title ,,iii2 and 7#b7 by striking the item relating to section #che4 #cbcb4 ,repeal of methanol study ,section #djj;,,ee of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgd;d7 is amended-- 7#a7 by striking subsection 7a72 and 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively4 #cbcc4 ,repeal of residential energy efficiency standards study 7a7 ,repeal ,section #bec of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcb7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bec4 #cbcd4 ,repeal of weatherization study 7a7 ,repeal ,section #bed of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bed4 #cbce4 ,repeal of report to ,congress 7a7 ,repeal ,section #bgc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcf;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bgc4 #cbcf4 ,repeal of report by ,general ,services ,administration 7a7 ,repeal ,section #aed of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;a7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aed4 7#b7 ,section #aei of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;e7 is amended by striking subsection 7c74 #cbcg4 ,repeal of intergovernmental energy management planning and coordination workshops 7a7 ,repeal ,section #aef of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aef4 #cbch4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress 7a7 ,repeal ,section #afj of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;f7 is amended by striking the section designation and heading and all that follows through 7c7 ,inspector ,general ,review4--,each ,inspector ,general and inserting the following3 #afj4 ,inspector ,general review ,each ,inspector ,general 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afj and inserting the following3 ,sec4 #afj4 ,inspector ,general review4 4 #cbci4 ,repeal of procurement and identification of energy efficient products program 7a7 ,repeal ,section #afa of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;g7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afa4 #cbdj4 ,repeal of national action plan for demand response 7a7 ,repeal ,part #e of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbgi7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #aba ,stat4 #affe7 is amended-- 7#a7 by striking the item relating to part #e of title ,v2 and 7#b7 by striking the item relating to section #ega4 #cbda4 ,repeal of national coal policy study 7a7 ,repeal ,section #gda of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdea7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gda4 #cbdb4 ,repeal of study on compliance problem of small electric utility systems 7a7 ,repeal ,section #gdd of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hded7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdd4 #cbdc4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development 7a7 ,repeal ,section #gdf of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdef7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdf4 #cbdd4 ,repeal of study of the use of petroleum and natural gas in combustors 7a7 ,repeal ,section #gdg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdeg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdg4 #cbde4 ,repeal of submission of reports 7a7 ,repeal ,section #hjg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjg4 #cbdf4 ,repeal of electric utility conservation plan 7a7 ,repeal ,section #hjh of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhd7 is repealed4 7b7 ,conforming amendments 7#a7 ,table of contents ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjh4 7#b7 ,report on implementation ,section #gab of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdbb7 is amended-- 7,a7 by striking 7a7 ,generally4--2 and 7,b7 by striking subsection 7b74 #cbdg4 ,technical amendment to ,powerplant and ,industrial ,fuel ,use ,act of #aigh ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdb4 #cbdh4 ,emergency energy conservation repeals 7a7 ,repeals 7#a7 ,section #bja of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heja7 is amended-- 7,a7 in the section heading1 by striking ,findings and2 7,b7 by striking subsection 7a72 and 7,c7 by striking 7b7 ,purposes4--4 7#b7 ,section #bba of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heba7 is repealed4 7#c7 ,section #bbb of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #hebb7 is repealed4 7#d7 ,section #bda of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heca7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,emergency ,energy ,conservation ,act of #aigi 7,public ,law #if-ajb2 #ic ,stat4 #gdi7 is amended-- 7#a7 by striking the item relating to section #bja and inserting the following3 ,sec4 #bja4 ,purposes4 2 and 7#b7 by striking the items relating to sections #bba1 #bbb1 and #bda4 #cbdi4 ,repeal of ,state utility regulatory assistance 7a7 ,repeal ,section #bjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act 7,public ,law #id-che2 #ij ,stat4 #aabe7 is amended by striking the item relating to section #bjg4 #cbej4 ,repeal of survey of energy saving potential 7a7 ,repeal ,section #eej of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh;b7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #ajf ,stat4 #bhea7 is amended by striking the item relating to section #eej4 7#b7 ,section #edc7;d77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;d77#b77 is amended by striking 1 incorporating any relevant information obtained from the survey conducted pursuant to section #eej4 #cbea4 ,repeal of photovoltaic energy program 7a7 ,repeal ,part #d of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbga et seq47 is repealed4 7b7 ,conforming amendments ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended-- 7#a7 by striking the item relating to part #d of title ,v2 and 7#b7 by striking the items relating to sections #efa through #egj4 #cbeb4 ,repeal of energy auditor training and certification 7a7 ,repeal ,subtitle ,f of title ,v of the ,energy ,security ,act 7#db ,u4,s4,c4 #hbhe et seq47 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,security ,act 7,public ,law #if-bid2 #id ,stat4 #faa7 is amended by striking the items relating to subtitle ,f of title ,v4 #d ,authorization #cbfa ,authorization ,there are authorized to be appropriated1 out of funds authorized under previously enacted laws1 amounts required for carrying out this ,act and the amendments made by this ,act4 ,,iv ,changing ,crude ,oil ,market ,conditions #djja4 ,findings ,the ,congress finds the following3 7#a7 ,the ,united ,states has enjoyed a renaissance in energy production1 establishing the ,united ,states as the world's leading oil producer4 7#b7 ,by authorizing crude oil exports1 the ,congress can spur domestic energy production1 create and preserve jobs1 help maintain and strengthen our independent shipping fleet that is essential to national defense1 and generate ,state and ,federal revenues4 7#c7 ,an energy-secure ,united ,states that is a net exporter of energy has the potential to transform the security environment around the world1 notably in ,europe and the ,middle ,east4 7#d7 ,for our ,european allies and ,israel1 the presence of more ,united ,states oil in the market will offer more secure supply options1 which will strengthen ,united ,states strategic alliances and help curtail the use of energy as a political weapon4 7#e7 ,the #fj-ship ,maritime ,security ,fleet is a vital element of our military's strategic sealift and global response capability4 ,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 allies1 and is the most prudent and economical solution to meet current and projected sealift requirements for the ,united ,states4 7#f7 ,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 fleet1 as well as the ,united ,states commercial fleet1 in both peace and war4 7#g7 ,the ,united ,states has reduced its oil consumption over the past decade1 and increasing investment in clean energy technology and energy efficiency will lower energy prices1 reduce greenhouse gas emissions1 and increase national security4 #djjb4 ,repeal ,section #ajc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbab7 and the item relating thereto in the table of contents of that ,act are repealed4 #djjc4 ,national policy on oil export restrictions ,notwithstanding any other provision of law1 to promote the efficient exploration1 production1 storage1 supply1 marketing1 pricing1 and regulation of energy resources1 including fossil fuels1 no official of the ,federal ,government shall impose or enforce any restriction on the export of crude oil4 #djjd4 ,studies 7a7 ,greenhouse gas emissions ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,energy shall conduct1 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 of1 a study on the net greenhouse gas emissions that will result from the repeal of the crude oil export ban under section #djjb4 7b7 ,crude oil export study 7#a7 ,in general ,the ,department of ,commerce1 in consultation with the ,department of ,energy1 and other departments as appropriate1 shall conduct a study of the ,state and national implications of lifting the crude oil export ban with respect to consumers and the economy4 7#b7 ,contents ,the study conducted under paragraph 7#a7 shall include an analysis of-- 7,a7 the economic impact that exporting crude oil will have on the economy of the ,united ,states2 7,b7 the economic impact that exporting crude oil will have on consumers1 taking into account impacts on energy prices2 7,c7 the economic impact that exporting crude oil will have on domestic manufacturing1 taking into account impacts on employment2 and 7,d7 the economic impact that exporting crude oil will have on the refining sector1 taking into account impacts on employment4 7#c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,bureau of ,industry and ,security shall submit to ,congress a report containing the results of the study conducted under paragraph 7#a74 #djje4 ,savings clause ,nothing in this title limits the authority of the ,president under the ,constitution1 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq471 part ,b of title ,,ii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbga et seq471 the ,trading ,with the ,enemy ,act 7#ej ,u4,s4,c4 ,app4 #a et seq471 or any other provision of law that imposes sanctions on a foreign person or foreign government 7including any provision of law that prohibits or restricts ,united ,states persons from engaging in a transaction with a sanctioned person or government71 including a foreign government that is designated as a state sponsor of terrorism1 to prohibit exports4 #djjf4 ,partnerships with minority serving institutions 7a7 ,in general ,the ,department of ,energy shall continue to develop and broaden partnerships with minority serving institutions1 including ,hispanic ,serving ,institutions 7,,hsi7 and ,historically ,black ,colleges and ,universities 7,h,b,c,us7 in the areas of oil and gas exploration1 production1 midstream1 and refining4 7b7 ,public-,private partnerships ,the ,department of ,energy shall encourage public-private partnerships between the energy sector and minority serving institutions1 including ,hispanic ,serving ,institutions and ,historically ,black ,colleges and ,universities4 #djjg4 ,report ,not later than #aj years after the date of enactment of this ,act1 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 security4 #djjh4 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 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 ,states1 while promoting energy and national security4 #djji4 ,prohibition on exports of crude oil1 refined petroleum products1 and petrochemical products to the ,islamic ,republic of ,iran ,nothing in this title shall be construed to authorize the export of crude oil1 refined petroleum products1 and petrochemical products by or through any entity or person1 wherever located1 subject to the jurisdiction of the ,united ,states to any entity or person located in1 subject to the jurisdiction of1 or sponsored by the ,islamic ,republic of ,iran4 ,v ,other ,matters #ejja4 ,assessment of regulatory requirements 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall ensure that the requirements described in subsection 7b7 are satisfied4 7b7 ,requirements ,the ,administrator shall satisfy-- 7#a7 section #d of ,executive ,order ,no4 #abhff 7#e ,u4,s4,c4 #fja note7 7relating to regulatory planning and review7 and ,executive ,order ,no4 #acefc 7#e ,u4,s4,c4 #fja note7 7relating to improving regulation and regulatory review7 7or any successor ,executive order establishing requirements applicable to the uniform reporting of regulatory and deregulatory agendas72 7#b7 section #fjb of title #e1 ,united ,states ,code2 7#c7 section #h of ,executive ,order ,no4 #acacb 7#e ,u4,s4,c4 #fja note7 7relating to federalism72 and 7#d7 section #bjb7;a7 of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aecb7;a774 #ejjb4 ,definitions ,in this title3 7#a7 ,covered civil action ,the term covered civil action means a civil action containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action 7as defined for the purposes of that section7 affecting a covered energy project on ,federal land4 7#b7 ,covered energy project 7,a7 ,in general ,the term covered energy project means-- 7i7 the leasing of ,federal land for the exploration1 development1 production1 processing1 or transmission of oil1 natural gas1 coal1 geothermal1 hydroelectric1 biomass1 solar1 or any other source of energy2 and 7ii7 any action under the lease4 7,b7 ,exclusion ,the term covered energy project does not include any dispute between the parties to a lease regarding the obligations under the lease1 including any alleged breach of the lease4 #ejjc4 ,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 proposed4 #ejjd4 ,timely filing ,to ensure timely redress by the courts1 a covered civil action shall be filed not later than the end of the #ij-;day period beginning on the date of the final ,federal agency action to which the covered civil action relates4 #ejje4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as practicable4 #ejjf4 ,limitation on injunction and prospective relief 7a7 ,in general ,in a covered civil action1 a court shall not grant or approve any prospective relief unless the court finds that the relief-- 7#a7 is narrowly drawn2 7#b7 extends no further than necessary to correct the violation of a legal requirement2 and 7#c7 is the least intrusive means necessary to correct the violation4 7b7 ,duration 7#a7 ,in general ,a court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than #fj days1 unless the court finds clear reasons to extend the injunction4 7#b7 ,administration ,in the case of an extension1 the extension shall-- 7,a7 only be in #cj-;day increments2 and 7,b7 require action by the court to renew the injunction4 7c7 ,in general ,sections #ejd of title #e and #bdab of title #bh1 ,united ,states ,code 7commonly known as the ,equal ,access to ,justice ,act71 shall not apply to a covered civil action4 7d7 ,court costs ,a party to a covered civil action shall not receive payment from the ,federal ,government for the attorneys' fees1 expenses1 or other court costs incurred by the party4 #ejjg4 ,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 court4 #ejjh4 ,study to identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources ,not later than #a year after the date of enactment of this ,act1 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 ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate1 the results of a study to-- 7#a7 identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources1 including government and technical 7physical or market7 barriers that hinder coal1 natural gas1 oil1 and other energy exports2 and 7#b7 estimate the economic impacts of such barriers4 #ejji4 ,study of volatility of crude oil ,not later than #a year after the date of enactment of this ,act1 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 rail4 #ejaj4 ,smart meter privacy rights 7a7 ,electrical corporation or gas corporations 7#a7 ,for purposes of this section1 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 infrastructure1 and includes the name1 account number1 or residence of the customer4 7#b7 7,a7 ,an electrical corporation or gas corporation shall not share1 disclose1 or otherwise make accessible to any third party a customer's electrical or gas consumption data1 except as provided in subsection 7a77#e7 or upon the consent of the customer4 7,b7 ,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 purpose4 7,c7 ,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 customer4 7,d7 ,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 information1 including electrical or gas consumption data1 with a third party4 7#c7 ,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 usage1 and that third party uses the data for a secondary commercial purpose1 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 customer4 7#d7 ,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 access1 destruction1 use1 modification1 or disclosure4 7#e7 7,a7 ,nothing in this section shall preclude an electrical corporation or gas corporation from using customer aggregate electrical or gas consumption data for analysis1 reporting1 or program management if all information has been removed regarding the individual identity of a customer4 7,b7 ,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 system1 grid1 or operational needs1 or the implementation of demand response1 energy management1 or energy efficiency programs1 provided that1 for contracts entered into after ,january #a1 #bjaf1 the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information1 to protect the personal information from unauthorized access1 destruction1 use1 modification1 or disclosure1 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 consent4 7,c7 ,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 commission4 7#f7 ,if a customer chooses to disclose his or her electrical or gas consumption data to a third party that is unaffiliated with1 and has no other business relationship with1 the electrical or gas corporation1 the electrical or gas corporation shall not be responsible for the security of that data1 or its use or misuse4 7b7 ,local publicly owned electric utilities 7#a7 ,for purposes of this section1 electrical consumption data means data about a customer's electrical usage that is made available as part of an advanced metering infrastructure1 and includes the name1 account number1 or residence of the customer4 7#b7 7,a7 ,a local publicly owned electric utility shall not share1 disclose1 or otherwise make accessible to any third party a customer's electrical consumption data1 except as provided in subsection 7b7 7#e7 or upon the consent of the customer4 7,b7 ,a local publicly owned electric utility shall not sell a customer's electrical consumption data or any other personally identifiable information for any purpose4 7,c7 ,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 customer4 7,d7 ,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 information1 including electrical consumption data1 with a third party4 7#c7 ,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 usage1 and that third party uses the data for a secondary commercial purpose1 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 customer4 7#d7 ,a local publicly owned electric utility shall use reasonable security procedures and practices to protect a customer's unencrypted electrical consumption data from unauthorized access1 destruction1 use1 modification1 or disclosure1 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 consent4 7#e7 7,a7 ,nothing in this section shall preclude a local publicly owned electric utility from using customer aggregate electrical consumption data for analysis1 reporting1 or program management if all information has been removed regarding the individual identity of a customer4 7,b7 ,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 system1 grid1 or operational needs1 or the implementation of demand response1 energy management1 or energy efficiency programs1 provided1 for contracts entered into after ,january #a1 #bjaf1 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 information1 to protect the personal information from unauthorized access1 destruction1 use1 modification1 or disclosure4 7,c7 ,nothing in this section shall preclude a local publicly owned electric utility from disclosing electrical consumption data as required under ,state or ,federal law4 7#f7 ,if a customer chooses to disclose his or her electrical consumption data to a third party that is unaffiliated with1 and has no other business relationship with1 the local publicly owned electric utility1 the utility shall not be responsible for the security of that data1 or its use or misuse4 #ejaa4 ,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 science1 technology1 engineering1 and math1 especially as those fields relate to energy4 #ejab4 ,modernization of terms relating to minorities 7a7 ,office of ,minority ,economic ,impact ,section #baa7;f77#a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7;f77#a77 is amended by striking a ,negro1 ,puerto ,rican1 ,american ,indian1 ,eskimo1 ,oriental1 or ,aleut or is a ,spanish speaking individual of ,spanish descent and inserting ,asian ,american1 ,african ,american1 ,hispanic1 ,puerto ,rican1 ,native ,american1 or an ,alaska ,native4 7b7 ,minority business enterprises ,section #ajf7;f77#b7 of the ,local ,public ,works ,capital ,development and ,investment ,act of #aigf 7#db ,u4,s4,c4 #fgje7;f77#b77 is amended by striking ,negroes1 ,spanish-speaking1 ,orientals1 ,indians1 ,eskimos1 and ,aleuts and inserting ,asian ,american1 ,african ,american1 ,hispanic1 ,native ,american1 or ,alaska ,natives4 #ejac4 ,voluntary vegetation management outside rights-of-way 7a7 ,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 #aej feet of the exterior boundary of the right-of-way near structures for selective thinning and fuel reduction4 7b7 ,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 operator4 7c7 ,limitation on liability ,an owner or operator of an electric transmission or distribution facility shall not be held liable for wildlife damage1 loss1 or injury1 including the cost of fire suppression1 resulting from activities carried out pursuant to subsection 7a7 except in the case of harm resulting from the owner or operator's gross negligence or criminal misconduct4 #ejad4 ,repeal of rule for new residential wood heaters ,the final rule entitled ,standards of ,performance for ,new ,residential ,wood ,heaters1 ,new ,residential ,hydronic ,heaters and ,forced-,air ,furnaces published at #hj ,fed4 ,reg4 #acfgb 7,march #af1 #bjae7 shall have no force or effect and shall be treated as if such rule had never been issued4 ,,vi ,promoting ,renewable ,energy with ,shared ,solar #fjja4 ,short title ,this title may be cited as the ,promoting ,renewable ,energy with ,shared ,solar ,act of #bjae4 #fjjb4 ,provision of interconnection service and net billing service for community solar facilities 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,community solar facilities 7,a7 ,definitions ,in this paragraph3 7i7 ,community solar facility ,the term community solar facility means a solar photovoltaic system that-- 7,i7 allocates electricity to multiple individual electric consumers of an electric utility2 7,,ii7 has a nameplate rating of #b megawatts or less2 and 7,,iii7 is-- 7aa7 owned by the electric utility1 jointly owned1 or third-party-owned2 7bb7 connected to a local distribution facility of the electric utility2 and 7cc7 located on or off the property of a consumer of the electricity4 7ii7 ,interconnection service ,the term interconnection service means a service provided by an electric utility to an electric consumer1 in accordance with the standards described in paragraph 7#ae71 through which a community solar facility is connected to an applicable local distribution facility4 7iii7 ,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 period4 7,b7 ,requirement ,on receipt of a request of an electric consumer served by the electric utility1 each electric utility shall make available to the electric consumer interconnection service and net billing service for a community solar facility4 4 7b7 ,compliance 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7#b7 ,failure to comply 7,a7 ,in general ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7i7 by striking such paragraph 7#ad7 and all that follows through paragraphs 7#af7 and inserting such paragraph 7#ad74 ,in the case of the standard established by paragraph 7#ae7 of section #aaa7;d71 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 7#ae74 ,in the case of the standards established by paragraphs 7#af72 and 7ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 7,b7 ,technical correction 7i7 ,in general ,section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 is amended by striking paragraph 7#b74 7ii7 ,treatment ,the amendment made by paragraph 7#b7 of section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 7as in effect on the day before the date of enactment of this ,act7 is void1 and section #aab7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 shall be in effect as if those amendments had not been enacted4 7#c7 ,prior ,state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility4 4 7,b7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policy ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 ,,vii ,marine ,hydrokinetic #gjja4 ,definition of marine and hydrokinetic renewable energy ,section #fcb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa7 is amended in the matter preceding paragraph 7#a7 by striking electrical4 #gjjb4 ,marine and hydrokinetic renewable energy research and development ,section #fcc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbab7 is amended to read as follows3 #fcc4 ,marine and hydrokinetic renewable energy research and development ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,federal ,energy ,regulatory ,commission1 shall carry out a program of research1 development1 demonstration1 and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the ,united ,states energy supply1 giving priority to fostering accelerated research1 development1 and commercialization of technology1 including-- 7#a7 to assist technology development to improve the components1 processes1 and systems used for power generation from marine and hydrokinetic renewable energy resources2 7#b7 to establish critical testing infrastructure necessary-- 7,a7 to cost effectively and efficiently test and prove the efficacy of marine and hydrokinetic renewable energy devices2 and 7,b7 to accelerate the technological readiness and commercialization of those devices2 7#c7 to support efforts to increase the efficiency of energy conversion1 lower the cost1 increase the use1 improve the reliability1 and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects2 7#d7 to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid2 7#e7 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 ,states2 7#f7 to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies2 7#g7 to verify the performance1 reliability1 maintainability1 and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories1 and to coordinate public-private collaboration in all programs under this section2 7#i7 to identify opportunities for joint research and development programs and development of economies of scale between-- 7,a7 marine and hydrokinetic renewable energy technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 and 7#aj7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 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 abroad4 4 #gjjc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7;b77 is amended to read as follows3 7b7 ,purposes ,a ,center 7in coordination with the ,department and ,national ,laboratories7 shall-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine and hydrokinetic renewable energy technologies2 7#b7 support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies1 including facilities capable of testing-- 7,a7 marine and hydrokinetic renewable energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 and 7,c7 arrays of technology devices2 and 7#c7 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 systems4 4 #gjjd4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #bjjh through #bjab and inserting #bjaf through #bjai4 ,passed the ,house of ,representatives ,december #c1 #bjae4;,clerk4